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HomeMy WebLinkAboutMinutes - 04/05/2004 - City Council REGULAR MEETING APRIL 5, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, April 5, 2004 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer and Condon. Absent: Alderman Peterson. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Attorney Cahill, City Clerk Jones, Director of Public Works Marcinko, Director of Finance Kline. Absent: City Attorney McArdle, Chief of Police O'Meara, Director of Parks and Recreation Merkel, Director of Community Development Napolitano. Mayor Low introduced Boy Scouts Adam Pieroni and Andy Benz. She informed Council they were working toward their Citizenship in the Community Merit Badges and requested Messrs. Pieroni and Benz lead the assembly in the Pledge of Allegiance. PUBLIC HEARING: VACATION AND RENAMING OF PORTIONS OF DRAPER ROAD At 7:32 p.m. Mayor Low opened the Public Hearing regarding the vacation and renaming of portions of Draper Road. She informed Council that as part of the Shamrock Farms Development, recently renamed Legend Lakes, the City required the developer to make several road improvements in the vicinity of the Draper and Curran Road intersection , including: • Curran Road previously ended at a "T" intersection with Draper Road. The "T" has been removed and Curran Road straightened; • A portion of Draper Road was removed at the former "T" intersection with Curran Road. Draper Road now terminates at Roundup Road; • A curve was constructed on Draper Road to Curran Road to provide a 4-way intersection at Curran Road; and • A "T" intersection was constructed at existing Draper Road and the new curve to provide access to the three existing homes on Draper Road and to homes on Roundup Road. Mayor Low stated with the completion of the improvements indicated, there is a need to vacate a portion of Draper Road that is no longer in use. City Administrator Marxeiner informed Council that in addition to the road vacation, Staff is proposing to rename portions of Draper Road that have been impacted by the road improvements, specifically: • Rename a portion of Draper Road from Route 120 south to Curran Road, as Curran Road; • End Draper Road at the new intersection of Curran Road on the north side of the what was formerly known as the Shamrock Farms development; • Rename the portion of Draper Road, just south of Roundup Road to Old Draper Road. Staff believes the road name changes would reduce any confusion for emergency crews, delivery persons and persons seeking directions. Old Draper Road would be `�-- distinct form Draper Road, which is proposed to be one continuous roadway, from Curran Road southwest through the Legend Lakes development to Bull Valley Road. Curran Road would be one continuous roadway from Route 120 south to Bull Valley Road. April 5, 2004 Page 2 Staff noted all property owners affected by the proposed road name changes were notified via certified mail of the proposed changes. Residents were given two weeks to respond, in writing or by calling the Community Development Department with objections and/or comments. Gene and Clarice Miller provided a letter stating objections to the proposed name changes. Staff believes the street name changes as proposed are appropriate. It is suggested the name changes go into effect two months from the date of passage of the ordinance, should an ordinance be approved by the City Council. Alderman Bolger opined there is no reason to change the name of the road. Responding to Alderman Glab's inquiry, City Administrator Maxeiner stated no portion of the road has been vacated. Continuing, City Administrator Maxeiner informed Council that it is his understanding the County retains control of the road since it exists in unincorporated McHenry County. Alderman Glab suggested consideration regarding vacation of the road be discussed at a later date. A brief discussion ensued. Alderman Murgatroyd opined that changing the name of the road to Curran Road would be clarifying for directional purposes. Mayor Low inquired if anyone in the audience would like to address Council. No one responded. Motion by Bolger, seconded by Glab, to close the Public Hearing at 7:41 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Motion by Murgatroyd, seconded by Condon, to direct Staff to prepare ordinances facilitating the following: • Vacation of a portion of Draper Road from Curran Road to Roundup Road; and • Rename a portion of Draper Road from Curran Road to Old Draper Road and another portion of Draper Road to Curran Road. Voting Aye: Low, Murgatroyd, Wimmer, Condon. Voting Nay: Bolger, Glab. Absent: Peterson. Motion carried. Alderman Glab requested that when the ordinances regarding this matter come before Council for final consideration they be placed on the Agenda as separate items and not a part of the Consent Agenda. April 5, 2004 Page 3 TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. PROCLAMATION: KIWANIS INTERNATIONAL, SKIP-A-MEAL WEEK Mayor Low read into the record a proclamation declaring the week of April 25, 2004 as Skip-A-Meal Week in the City of McHenry. Following the reading of the proclamation it was presented to McHenry Noon Kiwanis Club President, Laura Welter. President Welter addressed Council, stating she was honored to be before Council receiving the proclamation. President Welter informed Council that the Kiwanis organization is comprised of more than 600,000 volunteer members, in more than 70 countries, serving the children of the world and that 100% of the funds collected goes toward the-designated programs. CONSENT AGENDA Motion by Murgatroyd, seconded by Wimmer, to approve the Consent Agenda as presented: A. Parks and Recreation Department: Picnic/Special Use Permits; B. Ordinance Adopting Zoning Text Amendments; C. CALEA General Order Revisions; D. City Council Meeting Minutes: March 15, 2004 regularly scheduled meeting — E. Committee of the Whole Meeting Minutes: March 22, 2004 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. VARIANCE FOR AN EIGHT FOOT FENCE IN A REAR YARD, 4809 GLENBROOK TRAIL City Administrator Maxeiner informed Council that Applicant Anthony Stewart of 4809 Glenbrook Trail was before Council in August 2003 requesting a variance to permit an eight foot rear yard privacy fence. The request was denied because the units at Kresswood Trails were still under construction and it was difficult at that time to evaluate the impact the development would have on Applicant's property. The City's fence regulations state that a residential fence cannot exceed 6 feet in height. Mr. Stewart is requesting a variance to allow construction of an 8-foot fence along the rear property line, which abuts the Kresswood Trails Townhouse development. The driveway between two townhomes in the development is located at the approximate center of the Applicant's rear yard. The Applicant is concerned that vehicular headlights would '�-- shine directly into his home and impact the family's enjoyment of the deck at the rear of the home. The Applicant is requesting the additional two feet of fence height because the home and deck are at a higher elevation than the Kresswood Trails driveway. April 5, 2004 Page 4 Alderman Condon opined the Applicant's request is valid as it is evident that the vehicular lights are a distraction for the resident. Alderman Wimmer stated he is unable to support installation of an 8-foot fence on the property. Motion by Condon, seconded by Murgatroyd, to approve a request for fence variance to install an 8-foot high fence in the rear yard at 4809 Glenbrook Trail. Voting Aye: Bolger, Glab, Low, Condon. Voting Nay: Murgatroyd, Wimmer. Absent: Peterson. Motion carried. VARIANCE TO INSTALL A FENCE ALONG DARTMOOR DRIVE AT 4724 JOYCE LANE City Administrator Maxeiner informed Council of a letter received from the Applicant, Shari Hahndorf, who resides at 4724 Joyce Lane. Ms. Hahndorf is requesting a variance to allow the installation of a 6-foot high, arched wood fence along the Dartmoor Drive property line. The Applicant has a double frontage lot with frontage on both Joyce Lane and Dartmoor Drive. The yard adjacent to Dartmoor Drive is considered the back of Applicant's lot. The City's fence regulations state that a fence abutting a street right-of-way must be set back 30-feet from the right-of-way line. Applicant is requesting a variance in order to have the ability to enclose a greater portion of her yard for additional privacy and security. It is Staffs opinion with the site location mid-block there is not likely to be an impact on sight lines from the proposed fence. City Administrator Maxeiner noted the neighboring properties were granted variances to allow a fence setback of five feet along the Dartmoor Drive property line. The Applicant is proposing the fence line up with the neighboring fences located at 4720 and 4716 Joyce Lane. Staff has no concerns with Applicant's request. Motion by Condon, seconded by Wimmer, to approve a variance to allow the installation of a fence along Dartmoor Drive at 4724 Joyce Lane with a setback of five feet along the Dartmoor Drive property line. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. CONDITIONAL USE PERMIT FOR AN INDOOR AMUSEMENT CENTER BOWLING _ ALLEY. COCKTAIL LOUNGE/POOL TABLES, SNACK BAR AND LIVE ENTERTAINMENT IN THE ADAMS COMMERCIAL CENTRE In attendance was J. Raymond Kuna, applicant, together with his family, Attorney Patrick Coen and Contractor, Don Tonyan. April 5, 2004 Page 5 Mayor Low informed Council that the Applicant proposes to relocate their existing business, known as Raymond's Johnsburg Bowl, to lots 3, 4 and 5 at Adams Drive and Barney Court, in the Adams Commercial Centre. The Applicant proposes to construct a 33,000 square foot amusement/recreation center. A bowling alley will be the primary use of the facility. Mayor Low stated the facility would consist of 24 lanes for league and recreational bowling with ancillary uses, including a cocktail lounge/snack bar, party room for birthday parties, indoor billiards and other arcade-type games. City Administrator Maxeiner stated the proposed land use is appropriate for the location. The property is zoned commercial and the use is allowed as a conditional use in the C-5 district. The business park currently provides a diversity of uses including a restaurant, financial institution and office/warehouse. Primary access to the site is off of Adams Drive with a secondary access off of Barney Court. There is an access easement to the south of the site, which is shared with State Bank of the Lakes and Culver's Restaurant. The required parking is approximately 186 parking spaces. The Applicant has indicated 234 parking spaces on the proposed site plan. It was noted that prior to the Public Hearing the applicant addressed all comments presented by Staff. City Administrator Maxeiner stated the Planning and Zoning Commission, at the Public Hearing held on March 4, 2004, unanimously recommended approval of a Conditional Use Permit to allow the operation of an indoor amusement center including bowling lanes, cocktail lounge, pool tables, snack bar and live entertainment. Responding to an inquiry by Alderman Glab, Mr. Kuna stated his current facility is a 12-lane bowling alley. Alderman Murgatroyd opined Staff s analysis appears to be very thorough. Alderman Condon stated she has a familiarity with the Johnsburg facility and has always found it to be a well-run establishment. Motion by Bolger, seconded by Wimmer, to direct Staff to prepare an ordinance approving a Conditional Use Permit for an indoor amusement center allowing: • A 24-lane bowling alley; • Cocktail lounge/snack bar; • Party room; and • Indoor games. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. L OBJECTION TO PROPOSED ZONING MAP AMENDMENTS IN UNINCORPORATED MCHENRY COUNTY -AT 2308 RINGWOOD ROAD April 5, 2004 Page 6 City Administrator Maxeiner informed Council that Staff attended a zoning hearing on February 18, 2004 concerning the property located at 2308 Ringwood Road. The property lies within the City's 1.5 mile extraterritorial jurisdiction, prompting notification of the proposed zoning change. The subject property is comprised of approximately 3.5 acres located on the east side of Ringwood Road, adjacent to West Shore Beach. Garrelt's Plumbing is requesting zoning map amendment for the following: • B-1 V, Neighborhood Business District to O Office District; • B-1 to B-3 General Business District with a Conditional Use Permit to allow the outside storage of commercial vehicles and supplies; • R-1, Residential to B-3; • Variances as to minimum lot area and lot width. City Administrator Maxeiner noted surrounding properties include a church to the west, a trucking company to the north, retail to the south and existing residential, West Shore Beach, to the east. Garrelt's Plumbing wants to construct a new office building north of the current house in which their plumbing business is currently located. The new building would house their offices and additional rental space. They also intend to store approximately 22 _ commercial vehicles and supplies on residential lots on Ringwood Road, adjacent to West Shore Beach. The proposal will be voted on by the McHenry County Zoning Board of Appeals on April 271h and may go to the County Board as soon as May 18tn It is Staffs opinion the City should object to the proposed zoning map amendments for the following reasons: • The City's Comprehensive Plan shows medium-density residential for the entire area. • The proposal is inconsistent with the County's land use plan, which shows high density residential. • The proposal is not consistent with the surrounding zoning classifications; • Petitioner is proposing a business zoning adjacent to single-family residential, which is not compatible. • Should the West McHenry Bypass go through access may become a larger issue. • Staff has environmental concerns should this use be expanded. There is a natural drainage area or spring directly to the rear of the site, as well as McCullom Lake farther to the east, which may pose environmental issues in the future. Residents of West Shore Beach who attended the zoning hearing testified to their environmental concerns as well, and buried water heaters and such in the ground. City Administrator Maxeiner stated in order to file a legal objection to the proposal for zoning map amendments only, in accordance with the McHenry County Zoning Ordinance, the following must be done: ' • The Objection needs to be authorized by the City Council; • The Objection needs to be sent via certified mail to the Applicant and to the April 5, 2004 Page 7 Applicant's attorney; • A copy of the Objection and certified mailing receipts attesting delivery to the Applicant and Applicant's attorney need to be filed with the County Clerk no less than 24-hours prior to the County Board meeting at which the Board would vote on the proposed amendments. Alderman Bolger stated he does not support the Objection, which attempts to curtail a potential business opportunity along Ringwood Road. Alderman Murgatroyd opined he would not care to see expansion of a non- conforming use at the property. Alderman Wimmer concurred with Alderman Murgatroyd. A brief discussion ensued. Motion by Glab, seconded by Murgatroyd, to authorize the Mayor's execution of a Letter of Objection Letter regarding the proposed Zoning Map Amendments for Garrelts Plumbing, located at 2308 Ringwood Road. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Bolger. Absent: Peterson. Motion carried. AMENDMENTS TO THE TRAFFIC CODE ESTABLISHING NO PARKING AT ANY TIME ON THE EXTERIOR CURB OF KRESSWOOD DRIVE AND REDUCING THE SPEED LIMIT ON KRESSWOOD DRIVE FROM 25 TO 20 MPH Director of Public Works Marcinko informed Council that at the February 16, 2004 Public Works Committee meeting, concerns regarding traffic patterns in the Kresswood Subdivision were discussed. Director Marcinko stated that Kresswood Drive is an oval configuration with parking currently permitted on both sides of the street. It is Staffs opinion that allowing parking on both sides of the street restricts traffic, causing a potentially hazardous condition. Director Marcinko stated the hazardous condition is created by the width and layout of the street. He noted that Kresswood Drive is 27 feet from curb to curb. Eight feet are required on each side for parking. When vehicles are parked on both sides of the street, the remaining area for through traffic is approximately 11 feet, leaving room for only a single vehicle to pass. He specifically noted emergency vehicles have difficulty accessing the area, thereby increasing response times. In addition, sight lines are somewhat impaired when vehicles are parked on the interior of the oval. Two options were presented to the Committee to address the conditions: 1. A restriction limiting parking to one side of the street to improve the line of sight condition. Staff suggested that parking be restricted to the interior curb to allow clear sight lines. It was pointed out that restricting parking to the exterior of the street interferes with mailboxes and hydrants, which are located in the right-of-way on the oval's exterior. 2. Convert the circle to one-way traffic, thereby eliminating instances where oncoming traffic would meet. April 5, 2004 Page 8 It was unanimously recommended by the Public Works Committee to recommend to Council that parking be prohibited along the exterior of the oval and to continue two-way traffic on Kresswood Drive. Director Marcinko stated that in addition to the Committee's recommendation regarding parking, Staff would like Council to consider reducing the speed limit on Kresswood Drive from 25 mph to 20 mph. Director Marcinko noted this recommendation is based upon the American Association of State Highway and Transportation Officials' guidelines for establishing a stopping sight distance that is related to vehicle speed. Mr. Jarold Maywald, a resident at 534 Kresswood Drive in the Kresswood Subdivision, stated he has resided in the subdivision for two years. He noted his appreciation regarding Staffs' recommendation to reduce the speed limit on Kresswood Drive from 25 mph to 20 mph, but opined the speed limit should be reduced even further to 15 mph for safety purposes. Additionally, he disagrees with the recommendation that parking should be restricted along the exterior curb because of the limited amount of private parking available in the subdivision to guests of residents. Mr. Del Hansen, a resident at 426 Kresswood Drive, inquired regarding exactly how many parking spaces the developer was required to provide according to the City Ordinance. Staff was unable to spontaneously provide an answer to Mr. Hansen's question, however Mayor Low assured him that question would be researched and someone would contact him with an answer. City Administrator Maxeiner stated he was certain the developer met the requirements for parking spaces. Alderman Glab, concurring with City Administrator Maxeiner, opined he believed the developer built to the codes in force at the time of the annexation. Mr. Bernard Bochantin, a resident at 406 Kresswood, informed Council he has been a resident of the subdivision for three years. Mr. Bochantin stated he supports restricting parking to the interior curb of the oval and also the reduction of speed. Alderman Condon opined there is an obvious parking shortage, however elimination of vehicular parking on the exterior curb is warranted. Alderman Glab suggested the proposed ordinances be considered separately as he is unable to support the reduction of speed from 25 mph to 20 mph. Responding to Mr. Maywald's inquiry, Director of Public Works Marcinko stated that 27 feet is the width of a standard subdivision roadway in the City of McHenry. Alderman Bolger stated he supports the reduction of speed from 25 mph to 20 mph on Kresswood Drive. Following assurances from Director Marcinko that the speed reduction is due to a sight distance issue, Alderman Murgatroyd concurred with Alderman Bolger. April 5, 2004 Page 9 Motion by Condon, seconded by Murgatroyd, to approve an ordinance amending Chapter 13, Traffic and Motor Vehicles of the City of McHenry Municipal Code, to indicate no parking at any time will be permitted at Kresswood Drive along the exterior curb. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Motion by Condon, seconded by Wimmer, to approve an ordinance amending Chapter 13, Traffic and Motor Vehicles of the City of McHenry Municipal Code, establishing a speed limit of 20 mph along the entire length of Kresswood Drive. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Abstain: Glab. Absent: Peterson. Motion carried. DISCUSSION REGARDING PROPOSED CHANGES TO THE PERSONNEL POLICIES AND PROCEDURES MANUAL Assistant City Administrator Lockerby informed Council that the Finance and Personnel Committee has completed its review of the City's Personnel Policies and Procedures Manual. He noted review of the manual is a regular endeavor to ensure the manual stays current. Alderman Bolger, citing Section 1.3, opined Council should approve all hiring. Alderman Murgatroyd stated lengthy discussion regarding each item took place and each item which was revised was thoroughly reviewed. Motion by Murgatroyd, seconded by Wimmer, to approve the proposed Personnel Policies and Procedures Manual updates and changes, as presented. Voting Aye: Low, Murgatroyd, Wimmer, Condon. Voting Nay: Bolger, Glab. Absent: Peterson. Motion carried. MAYOR— STATEMENT AND REPORT There was no Mayor Statement and Report. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Director of Public Works Marcinko announced that Knox Park would be open from April 5, 2004 Page 10 7:00 a.m. to noon, beginning on Saturday, April 10, 2004 for yard waste drop off. NEW BUSINESS There was no New Business. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Murgatroyd, seconded by Bolger, to go into Executive Session to discuss Property Acquisition at 8:34 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council went into Executive Session at 8:42 p.m. Motion by Glab, seconded by Murgatroyd, to go back into Open Session at 8:44 p.m. Voting Aye: Bolger, Glab, Low,,Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council went back into Open Session at 8:44 p.m. Motion by Murgatroyd, seconded by Wimmer, to authorize the City Administrator to negotiate for the purchase of the property for Elevated Water Storage Tank No. 4, in an amount not to exceed $60,000. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Bolger. Absent: Peterson. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:45 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Meeting was adjour at 8:45 p.m. C . ' MAYOR TY CL R