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HomeMy WebLinkAboutMinutes - 11/03/2003 - City Council REGULAR MEETING NOVEMBER 3, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 3, 2003 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Attorney McArdle, City Clerk Jones, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Finance Kline. Absent: None. PUBLIC HEARING: KOTIW ANNEXATION AGREEMENT AND ZONING MAP AMENDMENTS—3320 BULL VALLEY ROAD At 7:33 p.m. Mayor Low opened the Public Hearing to discuss the Kotiw Annexation Agreement' regarding the property located at 3320 Bull Valley Road. In attendance was property owner David Kotiw. 'Mr. Kotiw addressed Council stating the proposed project is a 24-unit apartment building to be located at 3320 Bull Valley Road. One building is proposed along with two parking garages. The building would be constructed of masonry, comprised of 16 two- bedroom units and 8 one-bedroom units. The building would be constructed pursuant to the City's building code. In response to Alderman Murgatroyd's inquiry, Mr. Kotiw stated the building would be constructed of masonry on the entire first floor. Second floor exterior would be vinyl as well as vinyl decking for a maintenance-free structure. In response to further inquiry, Mr. Kotiw stated there would be only one means of access to the project and it would be from Bull Valley Road. A berm would be required on the west, east and south sides of the property in order to screen the development from adjacent residential properties. Director of Community Development Napolitano, responding to Alderman Murgatroyd's question, stated the property immediately to the west of this site is zoned RS-2 and serves as a detention pond for Charles Miller Roadway improvements. To the east is a single-family residence and underground trenching contractor's business, which was annexed in 1999 and granted a use variance to permit the business operation on the premises. To the south of the site is RS-3 single-family, Director Napolitano stated, with the exception of the property directly across the street, which is located in McHenry County and zoned A-1. In response to Alderman Murgatroyd's questions, Director Napolitano stated the Comprehensive Plan projects uniform land use of medium density residential which translates to 4-9 units/acre for the area between Charles Miller Road and Bull Valley Road, east of Green Street. In response to Alderman Peterson's inquiry, Mr. Kotiw stated the rentals would be approximately $800-850 for one-bedroom units and $1,000 for two-bedroom units. Mayor Low opened the floor to questions and/or comments from the audience regarding the Kotiw Project. Wes Johnson, a biologist and resident of 905 Hilltop Boulevard, addressed Council inquiring if the property immediately west of the site is a retention area or a bog. He noted a November 3, 2003 Page 2 his concerns that the proposed project could harm the natural beauty of this area. He "t opined wildlife in the area could also be negatively impacted. He suggested natural corridors should be maintained. To place high density residential on this property would not be in the best interests of the community. He stated studies should be initiated regarding the impact of this project on the community. Paul Antens of 3321 Bull Valley Road, presented copies of a petition signed by McHenry Shores residents in opposition to the Kotiw Project. He noted there are 275 signatures on the petition. This project is not appropriate to the McHenry Shores neighborhood. Mr. Antens addressed the approval criteria for zoning map amendments noting the applicant has not proven his case. He stated each of the criteria has not been met, namely: 1. Compatibility with use or zoning of environs; _ 2. Supported by the trend of development; 3. Consistent with comprehensive plan objectives; 4. Furthers public interest. Mr. Antens also reminded Council when Charles Miller Road was being constructed there was controversy regarding the multi-family zoning, now the Village Green site. Residents in the area objected to the multi-family zoning. He stated at that time, Council determined multi-family housing would be restricted to the north side of Charles Miller Road and the south side would remain single-family housing. Mr. Antens stated other concerns included: • possible light pollution, • retention/detention for the site, • play area for children of the apartment complex, • potential for Charles Miller Road being widened to four lanes, • concerns regarding protecting the fen north of Charles Miller Road. In closing Mr. Antens requested Council deny the request to reclassify this property to high density multi-family and to vote against this request. Marty Kampmeier of 2906 Gregg Drive addressed Council thanking Council for the opportunity for the McHenry Shores residents to express their concerns regarding this project. Ms. Kampmeier noted the McHenry Shores residents' concerns include: • Traffic, • Overcrowding, • Quaintness of the neighborhood being in jeopardy, • Precedent-setting action. Several residents have expressed strong consideration to move from the area, particularly in light of this project's coming to fruition. Council has responded to the community's growth in a positive manner. The McHenry Shores residents are hopeful Council will take — into consideration the negative impact on the area and deny this request for the good of , the entire community. Harry Semrow of 6606 Chickaloon Drive and property owner of 605 S. Broadway, addressed Council inquiring if a traffic impact study of this project had been completed. He November 3, 2003 Page 3 stated his concern regarding traffic flow, particularly at the entrance/exit points onto Charles Miller Road. He questioned the safety of children in the area if an apartment building of this size is placed at this location. He suggested the proposed density is far too great for a parcel of property which is less than two acres in size. He noted 24 units with 24 garages on less than two acres is extremely dense. He encouraged seeking a right-in right-out access onto Charles Miller Road to alleviate traffic flow on Bull Valley Road. Mr. Semrow also stated if this density is permitted at this location, the developers of other vacant properties in this area will follow suit. Medium density, that which is recommended by the comprehensive plan, is 4-9 units. The applicant's request is for 12. units per acre, which requires a variance from the plan. By allowing a variance as to density for this project, Council would be setting a precedent. Mr. -Semrow noted other concerns include the maximum number of persons who could legally occupy 40 bedrooms total on the site. Director Napolitano stated the Naperville School's formula computes to 1.758 persons/one-bedroom unit and 1.914 persons/two-bedroom unit. The anticipated total census for the building would be 45 persons. Director Napolitano stated based on the City's history of residents per unit the census could be 2.21 persons/unit for a total of 53 persons. Mr. Semrow inquired if there was a provision in the proposed annexation agreement which would limit the number of persons residing in this complex. He stated the variance to allow twelve units per acre is inappropriate. John Vlcek of 805 South Pearl Avenue in McHenry Shores addressed Council noting the quality of life of the City would be disturbed by the implementation of this project. Growth is inevitable, but quality of life must be assured. Jim Geltow of 3104 Bull Valley Road addressed Council stating his opposition to the apartment complex. He stated he moved to this area in order to provide a more rural atmosphere for his family. He opined the apartment complex would not benefit his neighborhood. The proposed density is too high. Mr. Geltow asked Council to deny the request. Ken Ehredt, a resident of the property directly east of the subject property, addressed Council reminding them that Council had previously denied a request to erect two 16-unit buildings on the subject property. Mr. Ehredt stated Mr. Kotiw is already making inquiries regarding purchasing and developing vacant adjacent parcels. He asked Council to respect the integrity of the neighborhood and to reject the request. In response to Mayor Loves inquiry, City Clerk Jones stated she had received one letter from a resident objecting to the project. The letter was written by Gary Lechner, a resident of McHenry Shores. Motion by Glab, seconded by Wimmer, to close the Public Hearing at 8:15 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. November 3, 2003 Page 4 Further Discussion continued regarding the proposed development. Alderman Glab stated Mr. Kotiw is proposing a.,.great project. If no neighbors objected to the project, it would have been approved and currently be under construction. However, due to the wide range of objectors, he opined Council has a responsibility to listen to the concerns and comments of the area residents. The proposal does not conform to the comprehensive plan. Considering that fact plus the concerns of the residents, Alderman Glab stated he would have to withdraw his support of this project. In response to Alderman Murgatroyd's inquiry, Director Napolitano stated the project complies with the requirements of the RM-1 District. Initially Mr. Kotiw brought in a proposal for RM-2 District with a variance and a conditional use permit to accommodate three-bedroom units. Mr. Kotiw has since eliminated the request for three-bedroom units. The current proposal for two-bedroom and one-bedroom units does not require a conditional use and it complies with the RM-1 District requirements without a variance. Alderman Murgatroyd inquired as to the possibility of implementing a right-in right-out access point onto Charles Miller Road. Director Napolitano stated multiple exits, i.e. Bull Valley Road and Charles Miller Road, from a property would be beneficial. Director of Public Works Marcinko stated the County has indicated they will not issue any more curb cuts onto Charles Miller Road. Alderman Bolger, noting the prevailing negative consensus of Council, stated it — would be impractical to have the applicant expend more money on this project when it will most likely not move forward. Mayor Low stated her concurrence with Alderman Bolger. Mr. Kotiw withdrew the Petition for Annexation and zoning map amendment at this time. Mayor Low called for a brief recess at 8:29 p.m. The meeting was reconvened at 8:34 p.m. with Council in full attendance. Alderman Glab stated if the residents in the area do not want this area developed as multi-family, the comprehensive plan should be modified to reflect a preferred low- density single family use. Alderman Murgatroyd opined the current designated use specified for this area of medium density residential as stated in the comprehensive plan is appropriate. Alderman Wimmer suggested the land use for this area be reviewed at the committee level. TEN MINUTE PUBLIC INPUT SESSION Gary Gray of 4207 Crestwood Drive addressed Council regarding the Cooney — Heights road construction project. Mr. Gray expressed concern regarding the lack of , concise communication to the residents, lack of planning and seeking citizen input who will be impacted by the project. He expressed dismay that Crestwood Drive was not completely improved but that only a portion of the roadway was scheduled for improvement. Mr. Gray November 3, 2003 Page 5 also stated the City had excavated a large, deep ditch along the front of his property on September 2e. The hole remained unfilled for one month causing concern for safety of _. those visiting his home. When it was finally filled, it was left in an unsafe condition. Additionally, Mr. Gray's asphalted right-of-way along the front of his property was removed. Mr. Gray noted this issue must be addressed and it can not be left in this way for the entire winter. City Administrator Maxeiner stated he and Director of Public Works Marcinko would investigate the site and address Mr. Gray's concerns. CONSENT AGENDA Motion by Murgatroyd, seconded by Wimmer, to approve the Consent Agenda as presented:, • Ordinance amending various provisions of Historic Preservation Ordinance; • Ordinance amending various sections of the Municipal Code; • Purchase of rock salt; • City Council Minutes: o May 5, 2003 regularly scheduled meeting; o September 3, 2003 regularly scheduled meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZE MAYOR'S SIGNATURE VENEZIANO SUBDIVISION TENTATIVE PLAT Director of Community Development Napolitano stated on October 16, 2003 the Planning and Zoning Commission reviewed the Tentative Plat of Veneziano Subdivision located in McHenry County within the City's one and one-half mile planning area. The Commission unanimously recommended approval of the tentative plat. Director Napolitano stated it is Staffs recommendation to approve the plat and authorize the Mayor's signature, subject to the provision that there is a joint access for Lots 1 and 2 onto Emerald Court and that there are no other significant changes to the plat. Motion by Glab, seconded by Murgatroyd, to authorize the Mayor's signature on the Tentative Plat of Veneziano Subdivision as prepared by Smith Engineering Consultants with a revision date of 8/22/03, subject to the provision that: • There is a joint access for Lots 1 and 2 onto Emerald Court; • There are no other significant changes to the plat. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent., None. Motion carried. r' November 3, 2003 Page 6 REQUEST FOR RENEWAL OF TEMPORARY OFF-SITE ADVERTISING SIGN GERSTAD BUILDERS AND AMERICAN HERITAGE BUILDERS In attendance were Mr. David Backhaus of American Heritage Builders and Mr. Roger Gerstad of Gerstad Builders. Director of Community Development Napolitano stated the request is to extend the duration of the permit for the existing 64 square foot advertising signs for one year. The signs are located at the northwest corner of Crystal Lake Road and Bull Valley Road and on the southeast corner of Route 120 and Draper Road. Alderman Glab asked for clarification if the signs could remain in place until October 1, 2004 or until the final lot in Boone Creek Subdivision is sold, if that should come first. Mayor Low stated that was correct. Alderman Glab commended the Boone Creek Subdivision developers for adhering to the City's request to cease placing small advertising signs along the right-of-way on the weekends. Alderman Glab inquired with the 8' X 8' sign in place and the current development of the parcel located at the northwest corner of Crystal Lake Road and Bull Valley Road, could there be a possibility of more than one advertising sign being located on the site. A brief discussion followed regarding the number and size of advertising signs permitted on a given lot. In response to Alderman Murgatroyd's inquiry, Mr. Gerstad stated there are still 40 multi-family units for sale and 1 single-family detached unit in Phase 3, and in Phase 5 -- there are about 12 single family detached units still to be sold. Motion by Bolger, seconded by Wimmer, to approve the requested one-year renewal until October 1, 2004, or until the last lot is sold for Boone Creek Subdivision, should that come first, for temporary off-site advertising signs for Boone Creek Subdivision located as follows: • Northwest corner of Crystal Lake Road and Bull Valley Road—8' X 8' sign • Southeast corner of Route 120 and Draper Road —8' X 8' sign. Voting Aye: Bolger, Glab, Low, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Abstained: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT— STONE INVESTMENT COMPANY, 5100 PRIME PARKWAY In attendance were Attorney Lisa Waggoner and applicant Ken Raines representing Stone Investment Company. Ms. Waggoner stated the applicant is seeking a conditional use permit to allow the operation of a sports training facility at 5100 Prime Parkway in the _ McHenry Corporate Center. The facility would occupy one-half of the building at that location. Ms. Waggoner stated the Planning and Zoning Commission at a Public Hearing held on October 16, 2003, unanimously recommended approval of the request. In response to Alderman Murgatroyd's inquiry, Mr. Raines stated most training November 3, 2003 Page 7 sessions are one-on-one private sessions and would not involve large numbers of people at any one time. Occasionally there may be group or team training sessions, but traffic impact at such times should be minimal. Motion by Condon, seconded by Bolger, to accept the unanimous recommendation of the Planning and Zoning Commission and to pass and approve an ordinance granting a conditional use permit to allow the operation of a sports training facility at 5100 Prime Parkway in the McHenry Corporate Center. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE APPROVING VARIANCES AND SHAMROCK FARMS NEIGHBORHOOD 2 FINAL PLAT Director Napolitano reminded Council the variances and Final Plat of Shamrock Farms Neighborhood 2 had been discussed at length at Council's October 20, 2003 regularly scheduled meeting. It is Staffs recommendation to approve an ordinance granting the request for 25-foot front yard setback variances and Final Plat. Alderman Glab suggested the request be approved subject to the condition that the applicant follow the City's ordinances and codes regarding real estate advertising signs. Alderman Glab also stated he is not in favor of the variance as it does not conform to the intent of the annexation agreement. Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to pass and approve an ordinance granting a 25-foot front yard setback variance and Shamrock Farms Neighborhood 2 Final Plat as prepared by Manhard Consulting dated 7/9/03 and last revised 9/8/03. Voting Aye: Bolger, Low, Peterson, Condon Voting Nay: Glab, Murgatroyd, Wimmer, Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR SIOUX LANE ELEVATED WATER STORAGE TANK— BAXTER AND WOODMAN Director of Public Works Marcinko stated the request is for an additional $3,100 for engineering services which was not included in the 2003-2004 budget for the Sioux Lane Elevated Water Storage Tank. Due to the complications incurred with this project, the engineering services have exceeded the budgeted amount. Staff is recommending approval of the payment for the anniversary warranty inspection to Baxter and Woodman. ~" Alderman Peterson expressed concern that the Project has cost the City so much over budget and noted the contractor should have been investigated more carefully to assure it was qualified. November 3, 2003 Page 8 Motion by Murgatroyd, seconded by Bolger, to authorize the payment to Baxter and Woodman for the anniversary warranty inspection of the Sioux Lane Elevated Water Storage Tank in an amount not-to-exceed $3,100. - Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon Voting Nay: Peterson. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low had no Statement or Report. COMMITTEE REPORTS There were no Committee Reports. DEPARTMENT HEAD REPORTS City Administrator Maxeiner reported Staff had participated in an arbitration process with the Public Works Parks Association. A report will be presented in the near future. City Administrator Maxeiner stated the discussion regarding the Village of Prairie Grove Boundary Agreement had initially been scheduled for Executive Discussion. On the _ advice of City Attorney McArdle, the matter was removed from Executive Session. City Attorney McArdle stated a revision to the legal for the proposed Village of Prairie Grove Boundary Agreement will be discussed at the next regularly scheduled Council Meeting. He suggested Council review the revised boundaries prior to the next meeting. Attorney McArdle stated the Council should specifically note the inclusion of the Koerber Property within the City's proposed future boundary. In response to Alderman Peterson's inquiry, City Administrator stated the Koerber Property would include a portion of the proposed West McHenry Bypass. Some discussion followed regarding the potential commercial use of the Koerber Property and the access onto the Bypass from the commercial sites. In response to Council inquiry, City Administrator Maxeiner stated the boundary agreement map before Council this evening is essentially the same map as that presented before Council in 2000 with the exception of the Koerber Property. All other parcels have essentially been agreed upon by both the City of McHenry and the Village of Prairie Grove. NEW BUSINESS Alderman Glab noted reading in the local newspaper of a joint City/Chamber promotion to stimulate retail business, particularly in the Route 120 construction area.'He _ inquired when the City authorized participation in this event. Mayor Low noted the raffle event is actually a Chamber Program and was incorrectly referred to as being co- sponsored by the City. Alderman Bolger suggested Council take action directing Staff to prepare a or November 3, 2003 Page 9 resolution in opposition to Metra's placement of a rail yard and station north of the City. Alderman Glab suggested the resolution include language noting the proposal to construct the facility is valued at $42 million and the federal government is withholding construction of the West McHenry Bypass at a proposed cost of$46 million. He opined the Bypass is far more significant as far as a regional transportation enhancement is concerned. Alderman Murgatroyd expressed his concern for such a strong statement to Metra at this time prior to continued discussions on the subject. Alderman Wimmer concurred with Alderman Murgatroyd. Aldermen . Peterson and Condon agreed further discussion regarding this issue is necessary before such a strong measure should be taken. Aldermen Bolger and Glab reiterated their disdain for the manner in which Metra is disregarding the City of McHenry and Village of McCullom Lake as they plan for their new facility. Motion by Bolger, seconded by Glab, to direct City Administrator Maxeiner to draft a resolution in opposition to Metra's plan for placement of a rail yard and station north of McCullom Lake Road and to encourage the placement of said facility in an area south of McHenry as it would be less costly to construct in this location as well as providing less impact on the City of McHenry as it would not cross eight major roadways and bisect Petersen Park within the City's boundary. Voting Aye: Bolger, Glab, Peterson. Voting Nay: Low, Murgatroyd, Wimmer, Condon. Absent: None. Motion failed. EXECUTIVE SESSION: POTENTIAL LITIGATION Executive Session to discuss Potential Litigation was removed from the Agenda. ADJOURNMENT Motion by Condon, seconded by Murgatroyd, to adjourn the meeting at 9:30 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:30 p.m. c MAYOR CLER