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HomeMy WebLinkAboutMinutes - 09/06/2000 - City Council REGULAR MEETING SEPTEMBER 6, 2000 A Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, September 6, 2000 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Murgatroyd, Baird. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Chief of Police Kostecki, Director Public Works Batt, Director Community Development Napolitano, Director Parks and Recreation Merkel, Assistant Administrator Maxeiner. Absent: None. PRESENTATION '— Director of Parks and Recreation Merkel presented participation plaques to Aldermen McClatchey and Murgatroyd, as well as City Parks Department Employees Jack Proesel and Ambrose Kittl. Director Merkel explained these individuals participated in the Third Annual "For the Children" Handcar Race, placing third in the Masters Division. "For the Children" is a charitable fundraiser organized by Union Pacific Railroad employees to raise funds to benefit medically, physically, economically, and mentally disadvantaged children. Mayor Cuda and the remainder of Council and Staff recognized Aldermen McClatchey and Murgatroyd, and City Employees Jack Proesel and Ambrose Kittl for representing the City of McHenry at this event. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Glab, seconded by McClatchey, to approve the Consent Agenda as follows: ■ Approval: Authorization to advertise for Water Operator, Public Works Water Division; ■ Approval: List of As-Needed Checks: GENERAL FUND AMERICAN LIVER FOUNDATIO 32.00 CALEA 174.27 CENTURY TILE 361.50 CITY OF MCHENRY 40.00 COWLIN CURRAN & COPPEDGE 461.94 FIRST MIDWEST BANK 41.10 HOME OF THE SPARROW 75.00 ILLINOIS FBI NA 45.00 MAGIC WATERS WATERPARK 245.00 MCHENRY COUNTY RECORDER 36.00 MCHENRY POLICE PENSION F 4,920.89 MCHENRY RECREATION 24.00 MCHENRY RECREATION BOWL 40.00 NORTHERN ILLINOIS UNIVER 495.00 POSTMASTER MCHENRY IL 1,770.64 RUSHING, RHONDA F LANG- 46.39 S & S ARTS & CRAFTS 1,961.63 UNIVERSITY OF ILLINOIS 50.00 RECREATION CENTER FUND HOME STATE BANK 125,000.00 MCHENRY SAVINGS BANK 150,000.00 ANNEXATION FUND HOME STATE BANK 200,000.00 POLICE PENSION FUND HARRIS BANK 2,611.38 .� RETAINED PERSONNEL ESCROW MCHENRY COUNTY RECORDER 94.00 WATER/SEWER FUND POSTMASTER MCHENRY IL 318.62 GRAND TOTAL 488,844.36 FUND TOTALS GENERAL FUND 10,820.36 RECREATION CENTER FUND 275,000.00 ANNEXATION FUND 200,000.00 POLICE PENSION FUND 2,611.38 RETAINED PERSONNEL ESCROW 94.00 WATER/SEWER FUND 318.62 TOTAL 488,844.36 Page 2 9/6/00 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. SIGN VARIANCE REQUEST — CHURCH OF HOLY APOSTLE, 5211 W. BULL VALLEY ROAD Church of Holy Apostle representative Tim Adams was in attendance. Staff reported the Church of Holy Apostle is requesting a sign variance to allow the installation of a new free-standing sign to be located west of the church entrance at 5211 West Bull Valley Road. Current City of McHenry ordinance permits the following: ■ A maximum 32 square foot sign area; ■ A height of 6' measured from grade at the curb; ■ A 5' minimum setback from the property line. Church of Holy Apostle is proposing a 50 square foot sign area with a 9'8" height as measured from grade and setback less than the 5' ordinance requirement. Fr. Sherry of Church of Holy Apostle cited the posted speed limit of 45 mph at the church's roadway entrance as the cause for larger more visible lettering sign identification. Staff also noted the existing sign located in the center island at the Bull Valley Road church entrance will be removed if Council grants the requested sign variance. Motion by Bolger, seconded by Baird, .to grant a sign variance to Church of Holy Apostle to permit the installation of a free-standing sign: ■ with an overall area of 117 square feet; ■ containing a maximum 50 square foot face area; ■ a maximum height of 9'8", as measured from grade at the curb; — ■ consisting of a brick base and pillars; ■ installed less that the required minimum 5' from the property line. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. AUTHORIZATION: PURCHASE OF DUMP TRUCKS FOR PUBLIC WORKS DEPARTMENT Director of Public Works Batt reported the 2000-2001 Budget contains a $130,000 line item for the purchase of two 2-'/2 ton dump trucks. Utilizing the State purchase contract with Navistar International of Springfield, Illinois, two 2-'/2 ton dump trucks can be purchased for $76,134. Add-on items including a 22.8-ton hoist, cab protector, electrical tailgate panel, rubber deflector, six-inch spreader, and a liquid spray system must also be purchased. A purchase quote from R.A. Adams Enterprises of McHenry, Illinois, in the amount of $23,934 per vehicle has been obtained. Director Batt also informed Council Mr. Adams made a significant effort to obtain the specified 2-'/ ton dump trucks at a Cost less or equal to the State purchase price to no avail. It is Staffs recommendation to purchase two 2-'/2 ton dump trucks from Navistar International of Springfield, Illinois, through the State purchase contract in an amount not-to-exceed $76,134, and to purchase add-on items for both vehicles with a purchase price not-to-exceed $47,868 from R.A. Adams Enterprises of McHenry ,Illinois. Motion by Baird, seconded by Glab, to authorize the purchase of two 2-1/ ton dump trucks from Navistar International of Springfield, Illinois, through the State purchase contract in the amount of $76,134, and to authorize the purchase of add-on items totaling $47,868 from R.A. Adams Enterprises of McHenry, Illinois, for a total of $124,002 for the two trucks. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. .Page 3 9/6/00 ANNEXATION, REZONING, CONDITIONAL USE PERMITS, VARIANCES, PRELIMINARY PLAT APPROVAL — RUBLOFF DEVELOPMENT GROUP ROUTE 31 NORTH The following representatives from Petitioner Rubloff Development Group Inc. were in attendance: • Bob Brownson, Partner, Rubloff Development Group; ■ James Loarie, Rubloff Development Group, ■ Robert Dunning, Rubloff Development Group; • Jeffrey Nance of Greenberg Farrow Architecture Engineering Development, of Arlington Heights, Illinois; • Steve Nixon of Woolpert LLP of Dayton, Ohio; • Jeff Middlebrook of Meijer Inc, Grand Rapids, Michigan; • Wayne Marth of Arcline Associates LTD of Downers Grove, Illinois; ■ Attorney Joseph Gottemoller of Crystal Lake, Illinois. Attorney Gottemoller addressed Council providing a brief synopsis of Rubloff Development Group Inc. development proposal. He noted Rubloff Development Group is requesting: ■ Annexation and reclassification to C5 for a 1-acre parcel on the east side of Route 31, approximately 1000 feet north of the Burger King located at 2180 N. Richmond Road; ■ Annexation and reclassification to C5 for a 100-foot wide strip of land on the north side of McCullom Lake Road, totaling 2.4 acres, located approximately 500 feet southeast of Olde Mill Lane; • Conditional Use Permit to allow outdoor garden center for Home Depot; • Conditional Use Permit to allow an automobile service station for Meijer Stores; • Conditional Use Permit to allow a drive through pharmacy for Meijer Stores; ■ Conditional Use Permit to allow outdoor garden center for Meijer Stores; ■ Variance to allow a 0' southern sideyard setback between Kohl's Department Store building and multi-tenant shopping center in the proposed McHenry Towne Centre Subdivision; ■ Variance to allow a 0' sideyard northern setback between Home Depot Store and retail store in the proposed Meijer/Home Depot Subdivision; ■ Preliminary Plat Approval of Meijer/Home Depot Subdivision; and ■ Preliminary Plat Approval of McHenry Towne Centre Subdivision. Rubloff Development Group is requesting these items to facilitate the subdivision and development of approximately 100 acres of commercial property located on the east and west sides of Route 31: north of the WalMart Subdivision on the west side; north of the Burger King on the east side. A 191,424 square foot Meijer Store, a 120,327 square foot Home Depot Store, a 77,500 square foot retail anchor, as yet unidentified, and six outlots for future retail entities would be located on the west side of Route 31. An 86,835 square foot Kohl's Department Store, a 103,362 square foot multi-tenant shopping center including Michaels, Circuit City, Petco, and Carnival Shoes, in addition to three outlots for future retail entities, would be located on the east side of Route 31. Attorney Gottemoller noted, although annexation and reclassification to C5 for the one-acre parcel on the east side of Route 31 located approximately 1000 feet north of Burger King is being requested, a Public Hearing is not required as no electors live on the subject property, and no annexation agreement is being proposed. A C5 zoning classification is being sought for the one-acre parcel located on the east side of Route 31, approximately 1000 feet north of Burger King, as the surrounding adjacent properties are currently classified as C5 Highway Commercial. Although a C5 Highway Commercial Zoning classification is also being sought for the 2.4-acre 100' wide strip of land located on the west side of Route 31 north of McCullom Lake Road, the Petitioners have consented to comply with Council's recommendation. The 2.4-acre 100' wide strip being purchased from the King Farm will be utilized to create a connecting roadway between the proposed Rubloff Development shopping center and McCullom Lake Road. Attorney Gottemoller noted it was the Zoning Board of Appeals recommendation to determine the appropriate zoning classifications when the balance of the King Farm is developed. Page 4 9/6/00 Attorney Gottemoller noted Conditional Use Permits are sought for: ■ An outdoor garden center at Home Depot; ■ An automobile service station, a drive-through pharmacy, and an outdoor garden center at Meijer Stores. In addition, variances are being sought for: ■ 0' sideyard setback for Kohl's Department Store to the south property line; and ■ 0' sideyard setback for Home Depot Store to the north property line. He noted as both Kohl's and Home Depot intend to own the property they develop, a 0' sideyard setback between the proposed Kohl's Department Store and the multi-tenant shopping center located on the east side of Route 31 and between the proposed Home Depot Store and future retail entity on the west side of Route 31 is necessary. Rubloff Development Group is also requesting the proposed roadway connecting McCullom Lake Road to the shopping center on west Route 31 remain private as opposed to a dedicated public roadway. Rubloff cited the ability to provide better maintenance and post a reduced 15-mph speed limit. In response to area residents' concerns regarding vehicular light pollution and disturbance, as stated at the July 17, 2000 Public Hearing before the Zoning Board of Appeals, a Meijer/Home Depot landscaping plan prepared by Woolpert LLP was submitted for'Staff and Council review. In response to Aldermen McClatchey and Glab's inquiries regarding access to the proposed private roadway by the Police Department for enforcement purposes, Staff and Rubloff partner Bob Brownson stated this issue needs to be researched further. Alderman Glab suggested an intergovernmental agreement establishing a public access easement _ overlay be investigated. In response to Alderman Glab's inquiry regarding cross-access to the roadway for adjacent properties located to the north, Attorney Gottemoller stated the Petitioners have agreed to grant roadway access. Responding to Alderman Baird's inquiry, Attorney Gottemoller noted the proposed roadway will be constructed to existing City of McHenry roadway standards. Steven Nixon of Woolpert LLP of Dayton, Ohio, reviewed the proposed Meijer/Home Depot landscape plan dated April, 2000. Mr. Nixon noted the plan includes 20 trees planted in staggered rows along McCullom Lake Road between the two existing berms. The existence of a drainage spillway prohibits significant landscaping redesign. The landscape design as presented retains the Olde Mill Pond Subdivision's original drainage design. Some discussion followed. Rubloff partner Bob Brownson was introduced and provided Council with a brief overview of the Rubloff Development Group. He stated since Mr. Rubloffs death in 1986, he, Ron Swenson, and Jerry Weber have owned and operated the full service diversified real estate development company. Mr. Brownson stated the company has developed over eight million square feet of retail space including shopping centers and office buildings throughout 16 Midwestern states. The company also has single and multi-family residential developments in the local Chicagoland area. Alderman Bolger, noting the area objection to a C5 zoning classification of the proposed private roadway, suggested the Petitioners agree to a lesser zoning classification. In response to Alderman Murgatroyd's inquiry, the proposed Meijer/Home Depot landscape plan provides for trees of 5' to 16' in height. Responding to Alderman Baird's request, the Petitioners agreed to the inclusion of language in the conditional use ordinance for both Meijer Stores and Home Depot Store, requiring tree replacement for a maximum of three years. Some discussion followed regarding the proposed landscape screening for the Olde Mill Ponds Subdivision along McCullom Lake Road. In response to Council inquiry, Staff noted the distance between the existing McCullom Lake Road berms is approximately the size of a football field. r .Page 5 9/6/00 Mayor Cuda recognized Herman Kathan of 2106 Spring Creek Lane. Mr. l athan noted the distance between the two existing McCullom Lake Road berms is between 150' and 900'. Mr. Kathan stated his residential lot extends into the retention area which abuts McCullom Lake Road. His rear property line contains seven mature trees which, in his opinion, does not constitute an effective screen from McCullom Lake Road traffic. He suggested Council consider extending the berm and planting landscape screening along its ridge. Further discussion followed. Again noting the probable existence of a drainage spillway in this area, and the need to retain original storm water design, Rubloff Development Group representatives agreed to investigate the feasibility of extending the existing berm and planting landscape screening along its ridge. Alderman Glab urged caution as both drainage and flooding were sensitive issues during annexation and development discussions for the Olde Mill Pond Subdivision. In response to Mayor Cuda's request, representatives of Meijer Stores, Home Depot and Kohl's Department Store, presented building renderings and site plans of their respective commercial developments. Jeff Middlebrook of Meijer Stores Inc. addressed Council stating Meijer Stores provide an upscale one-stop shopping center which sells everything from groceries to small appliances and sporting goods. Currently, Meijers Stores Inc. has 135 commercial units and is growing rapidly. He noted conditional use permits are being sought to allow the construction and operation of an outside storage area for the seasonal and garden center goods, a drive through pharmacy, and an automobile service station. In response to Alderman Baird's inquiry, Mr. Middlebrook explained the service station/convenience store would be located in the southeast corner of the development, facing the Meijers Store, with the structure's northeast side and rear facing Route 31. The service station/convenience store will be approximately 24,000 square feet, and sell propane, in addition to gasoline and convenience food and sundry items. Six fuel pumps will initially be installed, although expansion capabilities exist for up to twelve pumps. One diesel fuel pump will be installed on the north front side of the service islands. In response to Alderman McClatchey's inquiry, Mr. Middlebrook stated alcoholic beverages will not be sold from the service station/convenience store. Jeff Nance of Greenberg Farrow Architecture Engineering Development presented building renderings and a site plan for the Home Depot Store. He stated the proposed Home Depot will be 116,000 square feet of home improvement supplies, including lumber and gardening products. A garden center featuring plantings and indoor/outdoor yard products, comprises 16,400 square feet of the total retail facility. The garden center also requires an open display of seasonal products totaling an additional area of approximately 7,000 square feet. A conditional use permit is being sought to allow outside storage. Mr. Nance stated Rubloff Development Group is also seeking a variance to permit a 0" sideyard setback along the north property line, to facilitate the development of a multi- tenant shopping center for adjoining users sharing a common wall. At Alderman Glab's initiation, Staff clarified the distinction between a conditional use and temporary use permit. Wayne Marth of Arcline Associates Ltd. presented building renderings and a site plan for the Kohl's Department Store. This retail department store will be on the 28.4-acre parcel located on the east side of Route 31 just south of the FAP 420 right-of-way. The store is approximately 86,835 square feet. Rubloff Development Group is seeking a variance to permit a 0' sideyard setback on the south side of the property to facilitate the development of a multi-tenant shopping center for adjoining users sharing a common wall. These users include Circuit City, Petco, Michael's Office Max and Carnival Shoes. Mr. Marth noted the site plan includes three outlots. Landscaping and building facades will be coordinated to create a unified look for the entire development. Landscaping will also be provided along the multi-tenant commercial strip adjacent to the proposed Kohl's Department Store. Page 6 9/6/00 Some discussion followed regarding landscape screening along the rear side of the proposed development. In response to Council inquiry, Mr. Marth noted the Kohl's Department Store will be owned by the Kohl's Corporation. However, Rubloff Development Group will own the balance of the development. Mr. Marth also noted the existing Burger King access onto Route 31 is being reconfigured to right-in right-out only. Burger King will also have access to the internal public roadway incorporated as part of the McHenry Towne Centre subdivision. This public roadway will have a full access design onto Route 31, to assure no actual change in accessibility to the Burger King Restaurant. _ In response to Council inquiry, Mr. Marth stated the southern-most traffic signal at Route 31 and the new roadway, private west of Route 31 and Public east of Route 31, has been approved by the Illinois Department of Transportation (IDOT). A right-in right-out curb cut has been approved for the proposed northern-most entrance to the shopping center. The possibility of a second traffic signal at this location is still under review by IDOT. In conclusion, Mr. Brownson addressed Council stating Rubloff Development Group Inc. has agreed to all the conditions requested by both City of McHenry advisory boards, the Zoning Board of Appeals and Plan Commission, except the requested private status for the access roadway to McCullom Lake Road. In response to Council inquiry, City Administrator Lobaito explained all specified developmental conditions will be incorporated into the ordinances drafted by Staff. In response to Council inquiry, Attorney Gottemoller noted detention areas on the Meijer Stores/Home Depot Subdivision drain to the south. The drainage on the McHenry Towne Centre Subdivision flows to the both the north and south. Mr. Gottemoller also stated the release rates as proposed meet current City of McHenry ordinance requirements. In response to Alderman Baird's concerns, Rubloff Development Group agreed to provide additional landscaping along west Route 31 to screen rear facades and trash receptacles. Appropriate language will be included in the ordinance granting the conditional use permit for the automobile service station. Some discussion followed. Responding to Council inquiry, Mr. Nance noted no current plans exist for a 24-hour Home Depot operation. However, as Home Depot Corporation does operate some 24-hour facilities, i.e. Palatine, this option will be continually reviewed. Mr. Brownson, responding to Council inquiry, noted possible tenants for the outlots include a Chili's Restaurant and Borders Book Store. Some discussion followed regarding prohibiting truck traffic on the private access road to McCullom Lake Road. It was the consensus of Council to prohibit semi-trailer truck traffic on the proposed private access road to McCullom Lake Road. Motion by McClatchey, seconded by Murgatroyd to accept the recommendation of the Zoning Board of Appeals and to direct Staff to draft the following ordinances: ■ Annexation and reclassification to C5 for a 1-acre parcel on the east side of Route 31, approximately 1000 feet north of the Burger King located at 2180 N. Richmond Road; ■ Annexation and reclassification to E for a 100-foot wide strip of land on the north side of McCullom Lake Road, totaling 2.4 acres, located approximately 500 feet southeast of Olde Mill Lane to be utilized as a private access road, subject to the following conditions: ■ that no semi-trailer truck traffic be permitted on the private access road; • that the private access road must meet City standards; ■ Conditional Use Permit to allow outdoor garden center for Home Depot subject to the following conditions: ■ that no semi-trailer truck traffic be permitted on the private access road to McCullom Lake Road; ■ Conditional Use Permit for an automobile service station for Meijer Stores, subject to the following conditions: ■ that extensive landscaping be installed to screen the rear of the structure and its trash receptacle from Route 31; Rage 7 9/6/00 ■ that the Petitioners provide landscape screening along the south side of McCullom Lake Road, and, if feasible, extend the existing berms adjacent to the Olde Mill Pond Subdivision and place landscape screening on the ridge of said berms, as approved by Staff; ■ that, for a maximum of three years, diseased/dead McCullom Lake Road landscape screening trees be replaced; ■ that no semi-trailer truck traffic be permitted on the private access road to McCullom Lake Road; ■ that the private access road to McCullom Lake Road must meet City standards; ■ Conditional Use Permit to allow outdoor garden center and drive through pharmacy for Meijer Stores, subject to the following conditions: ■ that the Petitioners provide landscape screening along the south side of McCullom Lake Road, and, if feasible, extend the existing berms adjacent to the Olde Mill Pond Subdivision and place landscape screening on the ridge of said berms, as approved by Staff; ■ that, for a maximum of three years, diseased/dead McCullom Lake Road landscape screening trees be replaced; ■ that no semi-trailer truck traffic be permitted on the private access road to McCullom Lake Road; ■ that the private access road to McCullom Lake Road must meet City standards; ■ Variance to allow a 0' southern sideyard setback between Kohl's Department Store building and multi-tenant shopping center in the proposed McHenry Towne Centre Subdivision; ■ Variance to allow a 0' northern sideyard setback between Home Depot Store and retail store in the proposed Meijer/Home Depot Subdivision; ■ Preliminary Plat Approval of Meijer/Home Depot Subdivision, subject to the inclusion of language on the Final Plat providing for direct access to the private access road for adjacent properties to the north and south; and ■ Preliminary Plat Approval of McHenry Towne Centre Subdivision. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORTS Mayor Cuda stated he had no Statement and/or Reports for this evening's regularly scheduled Council Meeting. COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Baird reminded Council of the scheduled Parks and Recreation Committee Meeting for Tuesday, September 12, 2000 at 7:00 p.m. DEPARTMENT HEAD REPORTS Director of Public Works Batt reported he will be on vacation from September 8t' through September 18cn Chief of Police Kostecki informed Council he would be out of his office on both Wednesday, September 13'' and Thursday, September 14t'. City Administrator Lobaito referenced his memo regarding the Traffic Signal Study of the three-way intersection of Bull Valley Road and Ridgeview Drive. He reminded Council the issue of a traffic signal at the intersection of Bull Valley Road and Ridgeview Drive was originally discussed at the April 12, 2000 regularly scheduled Council Meeting. At this time, it was the suggestion of Mayor Cuda to conduct a traffic count at the intersection. City Administrator Lobaito noted development has been initiated on the north side of Bull Valley Road and Ridgeview Drive has been extended. A 24-hour "to count" was conducted, and, although it is not possible to determine whether warrants were met, the "to count" did indicate the minimum traffic count on Bull Valley Road is close to meeting specified state minimum requirements. Some discussion followed. Page 8 9/6/00 Alderman Glab expressed concern regarding northbound vehicular traffic gaining access to Bull Valley Road across vehicular traffic travelling eastbound. He also noted the possibility of Ridgeview Drive backup delays due to northbound traffic turning left, attempting to gain access to Bull Valley Road. Some discussion followed. It was the consensus of Council to direct Staff to obtain a quotation from Smith Engineering to conduct a full warrant study at the intersection of Bull Valley Road and Ridgeview Drive. NEW BUSINESS Alderman McClatchey informed Council a Broad Street resident has experienced a sewer line replacement problem. The resident is requesting Council consider current policy regarding cost responsibility for sewer line repairs. He is suggesting all repair costs incurred from the City's right-of-way to the sewer main located in the center of the frontage roadway be absorbed by the City. Some discussion followed. It was the consensus of Council to address the resident's request at the Public Works Committee Meeting scheduled for Wednesday, September 20, 2000. Mayor Cuda requested Staff provide the Committee with all correspondence relating to this issue as well as copies of the related ordinance. In response to Alderman Glab's request, Chief of Police Kostecki provided Council with available information relating to the gas leak and electrical outage experienced on Friday, September 18t at the intersection of Kane Avenue and Center Street, during the McHenry High School football game. Chief Kostecki stated the incidence was still under investigation. As per direction, Chief of Police Kostecki agreed to provide Council with a complete report via memorandum. ADJOURNMENT Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:00 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:00 p.m. YOR '— CI 'CLERK