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HomeMy WebLinkAboutMinutes - 08/01/2005 - City Council REGULAR MEETING AUGUST 1, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 1, 2005 in the Council Chambers of the Municipal Center. �— At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant to the City Administrator Martin, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Assistant Director of Public Works Fink, Director of Community Development Napolitano, Director of Parks and Recreation Merkel and Community Relations Management Assistant Hobson. Absent: Director of Public Works Marcinko. PRESENTATION: WILLIAM LEFEW, MCHENRY COUNTY TREASURER William LeFew, Treasurer of McHenry County, addressed Council. He provided a brief overview of the functions of the Treasurer's office relative to local government. In particular, Mr. LeFew outlined the process of real estate taxes, different methods for paying property taxes and six ways a property owner can reduce their real estate taxes. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Public Input Session. CONSENT AGENDA Alderman Schaefer requested that Item F, Block Party Requests, be pulled from the Consent Agenda for clarification and discussion. Alderman Condon requested that Item G, June 13, 2005 and June 20, 2005 City Council Meeting Minutes be pulled from the Consent Agenda. She specifically requested that the June 20, 2005 Minutes be voted on at a future meeting. Motion by Condon, seconded by Murgatroyd, to approve the Consent Agenda as amended: A. Request for use of Knox Park Bam, Temporary Sign Permit and waiver of all associated fees for the Annual McHenry Area Jaycees Haunted House: B. Police Department request to purchase three (3) Palomar Trooper Mobile Computers from CDWG, in an amount not to exceed $20,394; C. Request for release of Riverside Hollow Subdivision Bond No. B21850632; D. Request for Reduction of Shamrock Farms Neighborhood No. 4 Bond No. 929335673; and E. Picnic Permit Requests; Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. ti- Motion carried. August 1, 2005 Page 2 CONSENT AGENDA ITEM F: BLOCK PARTY REQUESTS Alderman Schaefer requested clarification regarding the City's policy regarding block party requests. Specifically, he noted that Kerri Kreul, a resident at 4409 W. Shamrock, No. 1 A, in the Irish Prairie Subdivision, is seeking permission for a block party in the Malibu Estates Subdivision. Alderman Glab opined he is uncomfortable that a resident that does not live in the subdivision where the block party is to be held is making the request. He stated approval could initiate a precedent. Alderman Condon informed Council she has personal knowledge of this situation. She stated that Ms. Kreul had until just recently been a resident in the Malibu Estates Subdivision and this block party is an annual event. Motion by Schaefer, seconded by Murgatroyd, to approve Item F, Block Party Requests, as presented. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. CONSENT AGENDA ITEM G: CITY COUNCIL MINUTES, JUNE 13, 2005 AND JUNE 20, 2005 Alderman Condon expressed concern regarding Page 15 of the June 20, 2005 City Council Minutes. She emphatically stated it was her understanding Council voted on accepting the recommendation of the Community Development Committee to approve the implementation of a policy allowing Staff to issue minor permits. City Clerk Jones apologized for any misunderstanding stating every effort was made to ensure the minutes of each meeting were concise. City Clerk Jones stated the audiotape would be retrieved and reviewed. If an error had been made, City Clerk Jones assured Council the minutes of June 20, 2005 would be corrected as necessary. It was the consensus of Council that pending clarification of the concerns expressed by Alderman Condon, approval of the minutes of June 20, 2005 would take place at a future Council meeting. Motion by Murgatroyd, seconded by Santi, to approve the City Council Minutes of June 13, 2005 regularly scheduled meeting as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. August 1, 2005 Page 3 PRAIRIE POINT SUBDIVISION: • ORDINANCE APPROVING PLAT OF RE-SUBDIVISION FOR LOTS 16-18: ~ • PLAT OF VACATION FOR LOT 6: AND • PLAT OF DEDICATION FOR LOT 17 Director of Community Development Napolitano reiterated that at the regular Council meeting held on July 6, 2005 Council directed Staff to prepare the ordinance granting the Final Plat of Re-Subdivision for Lots 16-18 in the Prairie Pointe Subdivision and the ordinance approving a Plat of Vacation for Lot 6 and the Plat of Dedication for Lot 17 for public access. Motion by Wimmer, seconded by Schaefer, to approve an ordinance granting approval of the Plat of Re-Subdivision of Lots No. 16-18 in the Prairie Pointe Business Park and an ordinance approving the Plat of Vacation for Lot 6 and the Plat of Dedication for Lot 17 for access in the Prairie Pointe Subdivision. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT FOR MORTUARY AND VARIANCES FOR CREMATORY AND PARKING -GEORGE R. JUSTEN FUNERAL HOME Director Napolitano informed Council Applicant Mark Justen, owner of the George R. Justen Funeral Home, is proposing to construct a new funeral home, with a crematory, on approximately 9.5 acres located on Charles Miller Road between State Route 31 and Green Street. The Applicant is proposing a 19,829 square foot mortuary and crematory building including all required parking. Director Napolitano stated the Applicant intends to improve the property with landscaping, a driveway, right-in right-out access from Charles Miller Road and a driveway connecting to Municipal Drive. Director Napolitano indicated that in order to develop the property as proposed a Conditional Use Permit, a Use Variance and a Parking Variance are required. Director Napolitano addressed Council's concern regarding access issues on Charles Miller Road. He stated the site plan for this development indicates a right-in/right- out access onto Charles Miller Road, which is consistent with the BUsh/Knox Annexation Agreement approved by the City. Additionally, the 2002 Roadway Development and Access Plan, prepared by City Engineer Baxter & Woodman, indicated there would be a limited access driveway onto Charles Miller Road for this parcel of property. Staff opined the right-in/right-out should not adversely impact the flow of traffic on Charles Miller Road, as the primary access to the site would be from Municipal Drive. The Applicant would be contributing one-half the cost of improvements to construct Municipal Drive expansion �- across the frontage of the subject property. Director Napolitano summarized the request before Council as follows: August 1, 2005 Page 4 Conditional Use Permit: The Conditional Use Permit is required to allow the funeral home in the commercial district. The Planning and Zoning Commission recommended approval at a Public Hearing held on July 7, 2005. Use Variance: A use variance is required for the crematory which is an integral part of the funeral home business. The Planning and Zoning Commission unanimously recommended approval at the Public July 7, 2005. Parkin Island Variance: A variance to reduce the number of required parking lot islands on the west side of the building is being sought. The Applicant intends to use this area to line cars up for funeral processions and has indicated that the landscape islands would hinder this ability. The Planning and Zoning Commission recommended approval at the Public Hearing held on July 7, 2005. Alderman Peterson commended Staff on their diligence in preparing the information regarding this matter for Council. He concurred with the recommendation of the Planning and Zoning Commission. Alderman Condon expressed concern regarding the possibility that emergency vehicles might be impeded by a funeral procession. Director Napolitano addressed concerns expressed by Alderman Schaefer assuring Council additional landscaping is being proposed by Applicant. Addressing the concerns expressed by Alderman Condon, City Administrator Maxeiner stated issues regarding vehicular traffic cutting through the funeral home property to facilitate access to Charles Miller Road has been discussed numerous times. It has been determined that the right-in/right-out onto Charles Miller Road is the most viable alternative. Mayor Low indicated she was approached prior to the Council meeting regarding an issue and she recognized Mr. Sam Melei in the audience. Mr. Melei, representing Gizmo Properties, LLC (Gizmo) which owns the property east of the subject property. Mr. Melei stated that Gizmo did not receive notification of the Planning and Zoning Commission Public Hearing held on July 7, 2005 regarding the development of the property. Mr. Melei stated Gizmo does not object to the development of the property. However there are concerns regarding the detention basin proposed by Mr. Justen on the site plan. Gizmo does not believe the detention basin, as proposed, would accommodate run-off for both Gizmos and Justen's property. City Administrator Maxeiner stated he is unable to support or refute Mr. Melei's contention regarding subdivision drainage as engineering has yet to be reviewed. -- City Attorney McArdle opined he was concerned that the property owner contends he was not notified of the Planning and Zoning Commission Public Hearing. Attorney Sam Diamond, representing the owners of George R. Justen & Son Funeral Home, stated he August 1, 2005 Page 5 has an Affidavit on file regarding notification of the surrounding property owners. Responding to Mr. McArdle's inquiry regarding notification of the last taxpayer, Mr. Melei indicated Gizmo has owned the property since May 2004. Mr. Diamond assured Council he would check his records and provide the information to Staff. Motion by Wimmer, seconded by Murgatroyd, to accept the recommendation of the Planning and Zoning Commission and to direct Staff to prepare and ordinance granting the following: • A Conditional Use Permit for the mortuary; • A Use Variance for the crematory; and • A Parking Island Variance to eliminate required parking lot islands on the west side of the building at 3800 Charles Miller Road, provided that the property is developed in substantial accordance with the plans submitted by Gillespie Design Group. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Abstain: Glab. Absent: None. Motion carried. REQUEST FOR ZONING MAP AMENDMENT AND VARIANCES FROM COMMERCIAL HORIZONS (ADVANCE AUTO) Director Napolitano stated Applicant David Herbeck of Commercial Horizons, is requesting a Zoning Map Amendment from 0-2, Office Park to C-5, Highway Commercial District to allow retail auto parts sales by Advance Auto at the property located at northwest corner of the intersection of Illinois Route 120 and Borden Street, Director Napolitano stated the structure would be a one-story building with brick fagade. The site would include the building, parking area, loading zone, solid waste enclosure, lighting and landscape improvements. Applicant is not proposing improvements to Illinois Route 120, but would dedicate additional right-of-way and improve Borden Street with curb, gutter and pavement for the entire width of their property frontage. Director Napolitano noted that Applicant is also requesting a variance to reduce the required 10-foot side yard setback to 5-feet along the west property line, which is adjacent to the railroad tracks. Applicant is seeking a sign variance to allow two wall signs. Advance Auto would like to place two identical wall signs on the building, one on the east facade and one on the south fagade. The signs would consist of individual letters and the Advance Auto logo, totaling 124 sf. each Director Napolitano informed Council that the Planning and Zoning Commission at a �-- Public Hearing held on July 7, 2005 unanimously recommended approval of the Zoning Map Amendment from 0-2 to C-5 and the requested variances to reduce the required side yard setback from 10 feet to 5-feet along the western property line, subject to the following August 1, 2005 Page 6 conditions: • Changes to the site plan and landscape plan to: o Accommodate parking landscape screening strips along the south property line o Provide maneuvering area at the west end of the parking lot o Show landscape island at the end of the row to delineate parking space from drive aisle o Move parking spaces further away from the driveway entrance/exit to the site o Add two trees along the Borden Street right-of-way • Amend the free-standing sign height to a maximum of 8-feet • Modify building elevations to reflect the changes recommended by the Planning and Zoning Commission, which includes the modified brick exterior and exterior colors • Modify the lighting levels to be more consistent over the entire area. Alderman Peterson opined the site is appropriate for the use. He supports the project. Aldermen Condon and Santi concurred with Alderman Peterson. Alderman Glab stated he applauds the Applicant for enhancing the area. Responding to Alderman Schaefer's inquiry, Director Napolitano stated notification was provided to all surrounding property owners. Motion by Peterson, seconded by Glab, to accept the recommendation of the Planning and Zoning Commission and to direct Staff to prepare an ordinance granting the following to Commercial Horizons on behalf of Advance Auto for the property located at the northwest comer of the intersection of Illinois Route 120 and Borden Street: • Zoning Map Amendment from 0-2, Office Park to C-5, Highway Commercial District; and • Variance to reduce the side yard setback from 10-feet to 5-feet along the western property line; and to approving a Sign Variance to allow two, identical wall signs of 124 square feet each on the south and east building fagade. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. DISCUSSION: BUDRECK FARM ANNEXATION AGREEMENT, MAP AMENDMENT, CONDITIONAL USE PERMIT AND PRELIMINARY PLAT FOR THE PROPOSED OAKS OF IRISH PRAIRIE DEVELOPMENT Director Napolitano reiterated at the June 20, 2005 City Council meeting, a Public Hearing was held to discuss the proposed annexation of the Budreck Farm property. Town and Country Homes presented plans for a 395-unit single-family development utilizing neo-traditional design principles. The response by Council was generally favorable; however, the following concerns were expressed: 9 Several lots are abutting up to four or five other lots August 1, 2005 Page 7 • Community fencing standards were suggested • The landscape buffer along Barreville Road should be increased or enhanced • Permit limitations were encouraged • Conservation District property, acceptance of land donation • Amount of Open Space provided seems low. Director Napolitano informed Council the Applicants have amended their plan and revised certain portions of the Annexation Agreement, as follows: • The adjustments have reduced the number of lots that back up to 4 and 5 other lots; • Applicants are proposing a community-wide fencing standard; • The revised Landscape Plan shows additional plantings to the rear lots along Barreville Road. • Applicants are requesting permit limitations as follows: 0 60 Year 1 0 70 Year 2 and Year 3 0 80 Year 4 and after • Applicants have provided a letter from the Conservation District. The Conservation District has indicated an interest in Parcel 6, as has the McHenry County Land Foundation. • The total amount of dedicated open space in the development is 65.54 acres, 32.8% of the site. This amount does not include areas on private lots labeled "conservation easements" nor does it include any non-buildable areas on single- family lots. Additionally, Director Napolitano stated the Applicants, Staff and the City Attorney have finalized changes to the Annexation Agreement, which reflect the suggestions of Council. Mr. Mark Fields, Director of Land Acquisition & Entitlements for Town & Country Homes, addressed Council. Mr. Fields gave a brief PowerPoint presentation highlighting the advantages of the Oaks of Irish Prairie development and the Integrated Design District Standards. Mr. Fields noted the storm water detention areas have been removed from the Open Space calculation. By removing the storm water detention areas, consisting of 25.20 acres, from the Open Space, the revised Open Space percentage would be 25.28%. Alderman Wimmer opined it appears the Applicants have addressed all Council concerns expressed at the Public Hearing. Alderman Peterson opined he does not consider the McHenry County Conservation District property part of Open Space. Since wetlands cannot be developed, they should not be included in the formula. Alderman Peterson expressed concerns regarding insufficient parking at the Community Center. He stated that 10-spaces are not adequate for a 2,000 ~ square foot structure. Mr. Charles Hanlon of LandVision noted it was assumed most persons residing in the project would be walking or bicycling to the Community Center. Alderman Peterson stressed the number of parking spaces should be increased as winter August 1, 2005 Page 8 events at the Community Center should be taken into consideration, when walking and biking are difficult. Alderman Peterson suggested Parcel No. 9, the Homeowners' Park, should be enlarged. He stated the Conservation area needs to be protected. Alderman Condon concurred with Alderman Peterson regarding additional parking at the Community Center. She opined there are still too many lots backing up to each other. Mr. Hanlon explained that the triangulation of the property necessitates the configuration. He stated the site plan has been modified as much as possible. Alderman Condon applauded the decorative and uniform fencing throughout the development. Alderman Condon expressed concerns regarding the number of building permits issued yearly. She opined no more than 55 permits should be issued per year. She expressed concern regarding the impact on the schools. Alderman Condon stated she likes the project, but is unable to vote in favor of the project until the building permit limitation is brought down-for the length of the project Responding to Alderman Santi, Mr. Field stated additional trees and plantings have been integrated into the design along Barreville Road, north and south of State Park Road. Mr. Field informed Council the existing tree line on Lots 133 and 134 along Barreville Road will remain. In response to Alderman Santi's inquiry, Mr. Field stated the developer would construct Veterans Parkway during Phase I of construction. Alderman Santi opined he likes the design of the development. Concurring with Alderman Condon, he requested the number of building permits issued per year be reduced. Alderman Glab stated he likes the design of the project. He voiced concerns regarding the Community Center lot. He opined it is too small for a 2,000 square foot structure. Concurring with Alderman Peterson, Alderman Glab indicated that 10 parking spaces are not adequate. He noted 40 parking spaces would be more practical with additional on-street parking. Responding to Alderman Glab's request each item in Exhibit D to the Annexation Agreement, entitled Design Standards, was examined in detail and explained by Staff and/or Mr. Field. Each deviation from the City's ordinance was addressed pursuant to Alderman Glab's request. It was determined that item H and J would be deleted from Exhibit D, to the Annexation Agreement, entitled Design Standards. Developer is willing to also delete Item I if Council so instructs. Director Napolitano assured Council that Item K, Technical Specification Standards, which would allow specific roadway centerline radii to be below the stated 150 foot radius, has been reviewed by engineers. Mr. Richard Speckman of Cemcon, Ltd., addressed Council regarding Alderman Glab's concerns regarding the radius of the turns. Alderman _ Glab requested that Staff review Item K to assure the City is protected. Regarding Item L, Mr. Fields stated the detention bottom is designed to conform to the McHenry County Ordinance as the City of McHenry does not have a design, which August 1, 2005 Page 9 specifically addresses a wetland-style detention basin. Mr. Speckman informed Council that soil borings have been conducted which indicate a perched water table. Mr. Vincent Mosca of Hey and Associates, Inc. informed Council that in keeping with Illinois Department of Natural Resources requirements the detention basin would be surrounded by prairie grasses. Alderman Schaefer concurred with the other Aldermen regarding what they like about the project. He indicated concerns regarding the impact additional development would have on the community, vehicular traffic and the number of permits the developer is requesting to be issued annually. Additionally, Alderman Schaefer stated he has issues regarding parking accommodations around the parks in the development. Mr. Fields informed Council the parking issue has been addressed with Staff. In response to Alderman Peterson's concern regarding the radius at Lot 15, the 1- acre park, Mayor Low opined it is a good location for the park and she supports limiting parking to one side of the street, as most residents using the park would likely be walking to the park. Alderman Peterson stated he would like to see the homeowners' parks expanded. Responding to Alderman Peterson's concerns regarding what could be built in a park that contains a pipeline easement, Director of Parks and Recreation Merkel stated the City has dealt with this issue in the past. It does not present a problem. The only issue is what specifically can be constructed upon the site. Responding to Alderman Glab's inquiry regarding how the developer intends to police tot lots and the use of parks maintained by the homeowners' association by non- homeowners, Mr. Fields noted it is difficult to restrict other person's use of the parks. However, he indicated there would be signage posted. Mayor Low stated there are many parks within the community and no restrictions are imposed. City Administrator Maxeiner informed Council that the City has never received a complaint regarding this particular matter. Alderman Glab suggested consideration be given to moving the Community Center to a location where a public park is planned in the development. Mayor Low stated she has heard much conversation regarding development of a unique, creative product to enhance the community. She noted that Council has been diligent regarding the impact of development and the issuance of building permits on the entire City. While she acknowledged there are still some items to be addressed regarding this development, she expressed support of the project and encouraged the developer to proceed. Mr. John McFarland, Executive Vice President of Land Development for Town & Country Homes, informed Council that he is sensitive to the build-out concerns expressed 1.. by Council. He urged Council to consider that the calculation estimates a build-out to 2012 and noted the South Waste Water Treatment Plant expansion needs to be completed prior to development. August 1, 2005 Page 10 Mr. McFarland assured Council their concerns regarding insufficient parking at the Community Center would be addressed. He indicated that turn radii have been discussed with Staff and City Engineer. He is confident the turns will be safe and manageable for buses and emergency vehicles. Mr. McFarland thanked the Council for their time and consideration. Motion by Murgatroyd, seconded by Wimmer, to direct Staff to prepare the necessary ordinances to approve the annexation agreement, annexation, map amendment, conditional use permit and variances for the Oaks at Irish Prairie development. Voting Aye: Santi, Glab, Murgatroyd, Wimmer. Voting Nair: Schaefer, Peterson, Condon. Absent: None. Motion carried. MAYOR=STATEMENT AND REPORT There was no Mayor Statement or Report. COMMITTEE REPORTS Alderman Condon informed Council that she and Police Chief O'Meara attended the McHenry Area Youth Commission Summer Program Graduation. The program skit featured Character Counts, which was impressive and entertaining. Chairman Alderman Wimmer announced a Public Works Committee Meeting took place prior to tonight's City Council meeting. He stated minutes would be forthcoming. Chairman Alderman Murgatroyd announced a Finance and Personnel Committee Meeting is scheduled for Monday, August 15, 2005 at 6:30 p.m. in the Aldermen's Conference Room. Chairman Alderman Peterson announced a Parks and Recreation Committee Meeting is tentatively scheduled for August 10, 2005; however, if everyone was available he would like to schedule an additional meeting on Thursday, September 15, 2005 at 7:00 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. August 1, 2005 Page 11 ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:29 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:29 p.m. MAYOR CITY CLE ti