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HomeMy WebLinkAboutMinutes - 09/03/2003 - City Council REGULAR MEETING SEPTEMBER 3, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Wednesday, September 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 Clerk Jones, City Attorney McArdle, 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 TO CONSIDER THE THIRD AMENDMENT TO THE BUSCH/KNOX ANNEXATION AGREEMENT Mayor Low opened a Public Hearing to consider the Third Amendment to the Busch/Knox Annexation Agreement at 7:31 p.m. In attendance was Attorney Mark Saladin of the law firm Militello, Zanck & Coen, who informed Council the Busch-Knox Annexation Agreement was originally approved in 1995, amended in 1996 and amended again in 1999 to permit the development of the Village Green Senior Housing Development. He stated Windsor Development pursued development of the site and construction of the building and Village Green was marketed to residents desirous of purchasing individual living units with maintenance free living. A monthly fee was to be assessed to each resident for services rendered such as meals and housekeeping. Windsor Development did not complete the project due to a lack of interest in the independent senior condominium living units being offered. Mr. Saladin informed Council Professional Realty Development Corporation (PRDC) has entered into a contract with Windsor Development to purchase the property pending approval of a Third Amendment to the Annexation Agreement. It is PRDC's intent to utilize the building footprint previously approved for the project. However, the interior buildout of the facility would be altered to accommodate independent and assisted living units, which would be rented not purchased. Mr. Saladin stated PRDC has determined through extensive marketing studies that a large market exists for these types of units in the City of McHenry and the surrounding area. It is PRDC's determination that the redevelopment of the Village Green site, together with the Foxcroft Ridge Subdivision, will not overburden the current market for senior housing. If Council approves PRDC's request for a Third Amendment to the Annexation Agreement, PRDC will pursue completion of the Village Green site and begin renting units soon thereafter, while finalizing the approval process for the Foxcroft Ridge Subdivision property. Mr. Saladin stated Virginia Gulley, representing PRDC, is present to answer Council's questions. Alderman Glab suggested language be added to the Annexation Agreement relative to owner-occupied restrictions should the development be sold in the future. Mr. Saladin stated PRDC's intent is for the development to be a senior housing facility, but the Applicant is willing to work with Staff regarding the insertion of language regarding future use of the facility. September 3, 2003 Page 2 Mayor Low opined she is looking forward to the structure no longer being vacant. -� Alderman Condon concurred with Mayor Low. In response to Mayor Low's inquiry there were no comments from the audience. In response to further inquiry City Clerk Jones stated no written or verbal comments had been received. Motion by Wimmer, seconded by Bolger, to close the Public Hearing regarding consideration of the Third Amendment to the Busch/Knox Annexation Agreement at 7:46 p.m. and to direct Staff to draft the required ordinance for consideration at a future Council meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PUBLIC HEARING TO CONSIDER THE ANNEXATION ZONING MAP AMENDMENT AND VARIANCES FOR HALLMARK HOMES, LLC Mayor Low opened the Public Hearing regarding consideration of the Annexation Agreement, Zoning Map Amendment and Variances for Hallmark Homes, LLC at 7:47 p.m. In attendance was Petitioner David Branch of Hallmark Homes, LLC who stated Hallmark Homes presented their plans for the development of 119 townhomes on a 22- acre parcel located north of McCullom Lake Road, west of the Meijer/Home Depot Subdivision at Council's June 16, 2003 meeting. At that time Council expressed several concerns and suggested the Applicant revise their plans and return to Council at a later date. Mr. Branch stated in an effort to address the concerns expressed by Council, Hallmark Homes revised their plans as follows: • The number of proposed units for the project was reduced from 119 to 108 for a gross density of 4.88 units per acre; • All buildings now would have no more than four units, revised from a 4 and 5 unit mix. • Only one public access to the development is proposed approximately 230 feet from the east property line. A second access is also proposed for emergency vehicles only. • The internal road is looped and an off-set has been provided along the east side to provide sight relief of the garage doors of the units. • Pods of guest parking spaces have been provided throughout the development. A total of 27 spaces have been provided. • Detention ponds would be planted with native grasses. A pathway system has been indicated throughout the interior of the development to connect with Petersen Park at the north end of the site. Director of Community Development Napolitano informed Council the Annexation September 3, 2003 Page 3 provisions: • Paragraph 3, Variance, approves a variance to allow more than one principal building on a zoning lot; • Paragraph 5, Maximum Number of Residential Units, limits the number of units to 108 and specifies they shall be in 4-unit buildings; • Paragraph 6, Limitation on Number of Building Permits per Year, limits the number of units allowed to be built per year to no more than 60, ensuring at least a two-year buildout; • Paragraph 11, Contribution for Future Intersection Improvements; requires a contribution of $10,000 for future improvements of the Route 31/McCullom Lake Road Intersection; • Paragraph 17, Donations, Contributions and Fees, provides for the standard annexation, operating and developer donation fees. Alderman Murgatroyd opined he would prefer the property retain its current Business Park Zoning classification. Alderman Condon, concurring with Alderman Murgatroyd, stated she is unconvinced townhome development on the property is an appropriate use of the property. Alderman Wimmer stated he is still concerned about the density of the project. Alderman Bolger noted he also had reservations regarding the density of the project. In response to Mayor Low's inquiry there were no comments from the audience. City Clerk Jones stated no written or verbal comments had been received in the City Clerk's Office. Motion by Wimmer, seconded by Bolger, to close the Public Hearing regarding consideration of the annexation, zoning map amendment and variances for Hallmark Homes Property at 8:05 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council indicated no consensus regarding the Applicant's requests. Mayor Low stated she recognizes the Petitioner has made an effort to work with Staff to address concerns previously expressed by Council, however, she noted a lack of consensus by Council. Mayor Low inquired if the Petitioner wished to continue working with Staff to move the project forward or if he would prefer a vote tonight. The Petitioner agreed to continue working with Staff to address Council's remaining concerns. TEN MINUTE PUBLIC INPUT SESSION Mary Bochanten, a resident at 406 Kresswood Drive, requested Council consider ti- installation of a traffic sign at Kresswood Drive and Cross Trail. She stated there have been several incidents of speeding. Director of Public Works Marcinko informed Ms. Bochanten the City's traffic engineer is in the process of reviewing the traffic situation at September 3, 2003 Page 4 Kresswood Drive and Cross Trail and it will be addressed shortly. -t Linda Freund, a resident at 4513 W. Ponca Street, addressed Council regarding the proposed forced annexation of certain properties surrounded by the City's boundaries. Ms. Freund requested an appointment with the City Administrator to address questions regarding the proposed annexation. City Administrator Maxeiner obtained Ms. Freund's telephone number assuring her a meeting would be arranged in the near future. Greg Lofgren, representing the Landmark Commission, reminded Council of the Cemetery Walk scheduled to take place on September 13, 2003 from 1:00 p.m. to 3:00 p.m. Mr.. Anthony Stewart, a resident of 4809 Glenbrook, stated his initial request was denied by Council for installation of an 8-foot fence at the rear of his property. He noted the request would block lights from the Kresswood Trail Subdivision from shining directly into the living quarters at his residence. Mayor Low assured Mr. Stewart the matter would be revisited. CONSENT AGENDA Motion by Bolger, seconded by Murgatroyd, to approve the Consent Agenda as presented: _ • Block Party Requests; o Parisi, 9/13/03, Pebble Creek Subdivision o Knutson, 9113/03, Boone Creek Subdivision o Whiteside, 9/6/03, Winding Creek Subdivision o Henning, 9/13/03, Winding Creek Subdivision o Belinski, 9/13/03, Winding Creek Subdivision • Special Use/Picnic Permit Requests; • Special Event Liquor License, St. Paul Episcopal Church; • Request for Waiver of Temporary Sign Permit Fee from the National Alliance for the Mentally III; • CALEA General Order Revisions; • Ordinance regarding Sale of Surplus Property for Auction; • City Council Minutes: o August 4, 2003 regularly scheduled meeting o August 11, 2003 regularly scheduled meeting o April 29, 2003 Committee of the Whole meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None. Absent: None. Motion carried. -- REQUEST FOR MINOR VARIANCE - CORNER SIDE YARD BUILDING SETBACK, 711 JOHN STREET Director of Community Development Napolitano informed Council Applicant Rodney Ackerman is requesting a variance to allow a 3-foot encroachment into the required corner �t September 3, 2003 - Page 5 side yard. It is the Applicant's intent to construct a porch on the front of the house facing John Street. However the yard is considered a corner side yard and requires a 15-foot setback, pursuant to the Zoning Ordinance. Director Napolitano noted the home currently has a 15.72-foot setback and construction of the porch would reduce the corner side yard setback to approximately 12 feet. Director Napolitano noted the property has an irregular shape. Approval of the request would not alter the existing character of the vicinity. He stated Staff has no concerns with the request. The Planning and Zoning Commission at a Public Hearing held on August 21, 2003, unanimously recommended approval of the Applicant's request. Motion by Bolger, seconded by Glab, to accept the unanimous recommendation of the Planning and Zoning Commission and to approve an ordinance granting a 3-foot corner side yard setback variance at 711 John Street, McHenry, Illinois. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A CLASS A LIQUOR LICENSE - GREEN PEAPOD, INC. LOCATED AT 1225 NORTH GREEN STREET AND ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES FROM 27 TO 28 Mayor Low stated a Class A Liquor License Application was received from Siriphote "Poet" Kaewnapparat of Green Peapod, Inc. for the operation of a Thai food restaurant located at 1225 North Green Street. Mayor Low informed Council the necessary paperwork has been submitted, the annual license fee paid and Ms. Kaewnapparat and her manager have been fingerprinted. Mayor Low noted the owners and all employees of Green Peapod Restaurant would attend the next .available BASSETT training class and an English-speaking employee would be present in the restaurant at all times. Responding to Alderman Murgatroyd's inquiry Ms. Kaewnopparat informed Council liquor would be sold for consumption inside the restaurant only and the resident manager, Pranee Ishii, currently a resident of Chicago, is in the processing of moving to McHenry. Motion by Bolger, seconded by Murgatroyd, to approve the request for a Class A Liquor License for Green Peapod, Inc., located at 1225 North Green Street and for the Mayor and City Clerk to execute an ordinance increasing the number of Class A Liquor Licenses from 27 to 28, subject to the following: • Receipt of satisfactory fingerprint results; and • Liquor is to be sold for consumption inside the restaurant only. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon L Voting Nay: None. Absent: None. Motion carried. September 3, 2003 Page 6 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU FACILITY AND SIGN VARIANCE - BANK OF AMERICA, 2400 NORTH RICHMOND ROAD In attendance were Jim Loarie of Rubloff Development and Wayne Mark of Arcline Associates. Jim Loarie addressed Council stating Bank of America is seeking a Conditional Use Permit to construct and operate a bank, with a drive-thru facility, at 2400 North Richmond Road, an outlot in Rublofrs McHenry Towne Centre. Mr. Loarie noted two ATM's are proposed in the drive-thru lanes together with a walk-up ATM on the exterior of the building. He noted the request for a sign variance is being withdrawn. Director Napolitano informed Council Staff has reviewed the proposed site plan and has no concerns with the layout of the drive-thru. He stated adequate stacking space has been provided and there is an escape lane at the north side of the property for vehicles to exit. It was noted appropriate directional signage would be needed to ensure safe and efficient traffic flow through the site. Alderman Murgatroyd opined there appears to be an excessive number of banks in the City of McHenry. Ms. Pat Holden, a representative of Bank of America, made a brief presentation noting Bank of America is looking forward to becoming a part of the McHenry community. Motion by Murgatroyd, seconded by Condon, to approve the request for a Conditional Use Permit to allow a drive thru banking facility on Outlot No. 6 in Rubloff Towne Center East located at 2400 N. Richmond Road. Voting Aye: Low, Wimmer, Peterson, Condon. Voting Nay: Bolger, Glab, Murgatroyd. Absent: None. Motion carried. REQUEST FOR ZONING MAP AMENDMENT, ELSTROM AND HALL, LLC 406 NORTH FRONT STEET In attendance were Attorney Neil J. Anderson and Dr. John Elstrom, managing member of Elstrom & Hall, LLC. Attorney Anderson informed Council the Applicants are requesting a Zoning Map Amendment from RS-3 to 0-2 for the property located at 406 North Front Street to facilitate construction of a 24,000 sq. foot medical/professional office building. Director Napolitano stated the proposed 0-2 zoning is consistent with the City's Comprehensive Plan and the trend in development along the east side of Front Street. Director Napolitano, noting drainage concerns in the area, informed Council the Applicant has purchased Lot 2 in the Veronica Estates Subdivision, which would be used solely for storm water detention to address potential drainage impact. s Director Napolitano informed Council the Planning and Zoning Commission, at a Public hearing held on August 7, 2003, unanimously recommended approval of the zoning map amendment, and requested the Applicant consider the following: September 3, 2003 Page 7 • Restrict any vehicle access from the office property to Dale Street via the vacant residential parcel; • The vacant parcel not be sold independent of_the remaining two office-zoned parcels; and • The vacant residential parcel shall remain vacant to be utilized as a retention area for the office building. Motion by Bolger, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission, and to pass and approve an ordinance granting the request for a Zoning Map Amendment from RS-3 Medium High Density Single Family Residential to 0-2 Office Park District, for the property located at 406 North Front Street, subject to the following conditions: • The Applicant agree to restrict any vehicle access from the office property to Dale Street via the vacant residential parcel; • The vacant parcel not be sold independent of the remaining two office-zoned parcels; and • The vacant residential parcel, Lot 2, shall remain vacant to be utilized as a retention area for the office building. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low stated neither she nor City Administrator Maxeiner has received confirmation from Metra regarding the invitation extended by the City of McHenry to address Council at the meeting scheduled on September 15, 2003. Alderman Bolger suggested a discussion should occur regardless of Metra's attendance. Alderman Glab concurred with Alderman Bolger. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Murgatroyd informed Council a Finance and Personnel Committee meeting to discuss the City Clerk/Collector position, has been scheduled on September 29, 2003 at 6:30 p.m. in the Aldermen's Conference Room. Public Works Committee Chairman Alderman Bolger informed Council a Public Works Committee meeting is scheduled for September 15, 2003 at 6:30 p.m. in the Aldermen's Conference Room. Parks and Recreation Committee Chairman Alderman Peterson informed Council he will conduct his first meeting as Chairman of the Parks and Recreation Committee on '�. Thursday, September 11, 2003 at 7:30 p.m. in the Aldermen's Conference Room. September 3, 2003 ` Page 8 DEPARTMENT HEAD REPORTS City Administrator Maxeiner stated the City of McHenry has been notified by Northern Illinois Planning Commission (NIPC) that the Village of Lakemoor has proposed an amendment to the Water Quality Management Plan and Lakemoor's Facilities Planning Area (FPA). He informed Council objections must be filed prior to September 20, 2003. Chief of Police O'Meara stated Deputy Chief Brogan would be graduating from the FBI Academy in Quantico, Virginia following an intensive eleven-week course. NEW BUSINESS Alderman Condon thanked Staff for their assistance and diligence regarding installation of the traffic signal at Crystal Lake Road and Winding Creek Drive prior to commencement of the school year. Alderman Glab inquired about the status of the stop sign at Cross Trail. Responding to Alderman Glab's inquiry, Director of Community Development Napolitano informed Council funds earmarked for the Illinois Tomorrow Grant Program are federal dollars provided to the Illinois Department of Transportation that can be used only for the preparation of plans and studies. The funds for the Comprehensive Transportation Study are secure as the funding awarded to the City of McHenry cannot be used for any other purposes nor can they be transferred to any other state agencies. EXECUTIVE SESSION: PERSONNEL Motion by Murgatroyd, seconded by Glab, to go into Executive Session to discuss Personnel at 8:55 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None Motion carried. At 9:00 p.m. Alderman Bolger requested to be excused from Executive Session due to a previous commitment. Council went into Executive Session at 9:03 p.m. Motion by Wimmer, seconded by Murgatroyd, to go back into Open Session at 9:19 p.m. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. Council went back into Open Session at 9:19 p.m. September 3, 2003 Page 9 ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:20 p.m. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. The Meeting was adjourned at 9:20 p.m. i C-k- C Ar MAYOR / CL R i t