HomeMy WebLinkAboutMinutes - 06/07/2000 - City Council REGULAR MEETING
JUNE 7, 2000
A Regular Meeting of the McHenry City Council was called to order by Mayor Cuda
at 7:30 P.M. on Wednesday, June 7, 2000 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey,
McClatchey, Baird. Absent: Murgatroyd. City Staff in attendance were: City Administrator
Lobaito, Deputy Clerk Kunzer, City Attorney McArdle, Chief of Police Kostecki, Director of
Public Works Batt, Director of Community Development Napolitano, Assistant
Administrator Maxeiner. Absent: City Clerk Althoff, Director of Parks and Recreation
Merkel.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
PUBLIC HEARING: AMENDMENT TO ANNEXATION AGREEMENT—AMOCO OIL
Mayor Cuda called to order the Public Hearing regarding an amendment to the
Amoco Oil Corporation Annexation Agreement for the property located at the southwest
corner of Bull Valley Road and Crystal Lake Road at 7:31 p.m. In attendance were Amoco
Attorney Scott Saef, Engineering Consultant Dale Gray, and purchasers and developers of
Lot 2, Jack Pease and Kathy Loos Shaw.
Director of Community Development Napolitano stated the Amoco Property, a 4.965
acre parcel, is located at 5301 Bull Valley Road and consists of two lots. The Amoco
Service Station (Lot 1) is zoned C-1 commercial with a conditional use permit to allow the
operation of a service station. Lot 2 is currently vacant and zoned RS-1 residential, but is
under contract to be purchased and improved with a condominium office building. Amoco
originally subdivided the property into the two parcels. Prior to the sale of Lot 2, Amoco is
seeking resubdivision of this property to increase the size of Lot 1 by a 30' strip along the
west and south boundary of Lot 1. Director Napolitano noted the 30' strip was originally
required by the terms of the annexation agreement to buffer the service station from the
adjacent residentially zoned Lot 2. Inasmuch as Lot 2 is being reclassified to 0-1 for use
as an office condominium complex, the 30' buffer is no longer needed between the two
lots. Amoco is seeking reclassification of the 30' strip, and requesting resubdivision of the
property to incorporate the 30' strip into Lot 1 and remove it from Lot 2. In summary,
Director Napolitano stated Amoco is requesting an amendment to the existing annexation
agreement be deleting the following:
■ the landscaping requirements pertinent specifically to the 30 ' buffer; and
■ the restrictive hours of operation of the car wash.
City Administrator Lobaito noted the annexation agreement originally provided that
the car wash could not operate after midnight and that the convenient store should not be
a 24-hour operation. He stated Amoco has been operating the convenient store as well as
the car wash on a 24-hour operation, actually in violation of the annexation agreement.
City Administrator Lobaito stated there have been no complaints from the neighbors.
Alderman Baird stated his concerns regarding the ingress/egress to Lot 2 from
Crystal Lake Road. He opined there should be a joint access onto Crystal Lake Road for
Lots 1 and 2. City Administrator Lobaito noted the City is attempting to work with both
Amoco and the purchaser of Lot 2, to determine the best way to access Lot 2 from Crystal
Lake Road. Staff opined the County will not allow a second access point onto Crystal Lake
Road, as long as there is one access point on Amoco's lot. A lengthy discussion occurred
regarding the need for a cross access to accommodate a Crystal Lake Road
ingress/egress for both Lots 1 and 2.
Attorney Saef stated it was not the intent of Amoco Corporation to permit a shared
curb cut for both Lots onto Crystal Lake Road. He noted a cross easement agreement is
being discussed between the two lots to assist with internal circulation. However, a joint
curb cut onto Crystal Lake Road has not been discussed with the contract purchaser of Lot
2.
Page 2
6/7/00
Alderman Baird stated his preference for relocating the existing Amoco Crystal Lake
Road curb cut further south, away from the Bull Valley Road intersection. In response, Mr.
Saef noted Amoco is currently working on an emergency exit onto Crystal Lake Road for
Lot 2.
Developer Jack Pease noted he has been working with the County in an effort to
secure a Crystal Lake Road access for Lot 2.
In response to Mayor Cuda's inquiry, Mr. Pease stated there has been no
discussion with Amoco retarding the closure of their curb cut on Crystal Lake Road and/or
the relocation of their curb cut further south. Mr. Pease stated the three parties must
determine what is best for this intersection. Once this has been determined, a meeting with
the County Highway Department should be set to seek their approval of the agreed upon
access to this development. City Administrator Lobaito opined the County would most
likely not object to moving the curb cut further south on Crystal Lake Road. However, the
County would not grant an additional curb cut on Crystal Lake Road.
Alderman Glab stated his preference of a cross-access easement similar to that
installed on the Mobile Outlot connecting it to Wal-Mart at Richmond Road and McCullom
Lake Road. He concurred with Alderman Baird's suggestion the Amoco curb cut be
relocated further south on Crystal Lake Road.
In response to Mayor Cuda's inquiry, Attorney Saef noted if the zoning
reclassification for the 30' strip of land is not granted by Council, the existing RS-1
residential zoning would hinder the development of the office condominium project. Mayor
Cuda opined the parties should revisit the access to both Lots 1 and 2. The City is willing
to support the agreed upon access and would assist in seeking County approval for curb
cuts on County highways which would be needed.
Mayor Cuda asked for audience comment and/or questions regarding the proposed
amendment to the Amoco Annexation Agreement. There were no comments and/or
questions. In response to Mayor Cuda's inquiry, Deputy Clerk Kunzer stated no written or
verbal comments were received by the City Clerk.
Motion by Baird, seconded by Glab, to close the Public Hearing regarding the
proposed amendment to the Amoco Annexation Agreement at 7:55 p.m.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
It was the consensus of Council to direct Staff to draft an ordinance amending the
existing Amoco Annexation Agreement for the property located at 5301 West Bull Valley
Road.
City Administrator Lobaito stated City Staff will assist the property owner and
developer in seeking County approval for the agreed upon Crystal Lake Road curb cut.
CONSENT AGENDA
At the request of Alderman McClatchey, Consent Agenda Items #2, Resolution
recognizing retiring Sergeant Kenneth Prazak, was removed from the Consent Agenda.
At the request of Alderman Glab, Consent Agenda Item #3, Resolution rescinding
the 50/50 disbursement of the Park Developer Donation Fees between the Park Donation
Fund and the Recreation Center Fund, was removed from the Consent Agenda.
„ y
Page 3
6/7/00
Motion by McClatchey, seconded by Bolger, to approve the Consent Agenda as
follows, subject to the removal of Consent Agenda Item #2, Resolution recognizing retiring
Sergeant Kenneth Prazak, and Consent Agenda Item #3, Resolution rescinding the 50/50
disbursement of the Park Developer Donation Fees between the Park Donation Fund and
the Recreation Center Fund, as follows:
■ Request to Advertise for Sid - Police Department Radio Equipment
■ Approve Minutes:
■ May 23, 2000 Committee of the Whole Meeting.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
CONSENT AGENDA #2: RESOLUTION RECOGNIZING SERGEANT KENNETH
PRAZAK ON HIS RETIREMENT
Mayor Cuda read the resolution recognizing Sergeant Kenneth Prazak.
Motion by Baird, seconded by McClatchey, to pass a resolution recognizing
Sergeant Kenneth J. Prazak on his retirement from the McHenry Police Department
following 28 years of service.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Mayor Cuda commended Sergeant Prazak for his dedicated service to the City of
McHenry.
CONSENT AGENDA ITEMS #3: RESOLUTION TO RESCIND 50/50 DISBURSEMENT
OF PARK DEVELOPER DONATION FEES
Assistant Administrator Maxeiner reported at the April 26, 2000 Finance and
Personnel Committee Meeting, it was the consensus of the Committee to recommend to
full Council the 50/50 disbursement of the Park Developer Donation Fees between the
Park Donation Fund and the Recreation Center Fund. Assistant Administrator Maxeiner
stated the resolution would not dissolve the Recreation Center Fund, but would eliminate
contributions from incoming park developer donations to that fund.
Alderman Glab opined the elimination of contributions to the Recreation Center
Fund would suggest Council no longer supports the development and construction of the
Recreation Center. He stated this is not consistent as it is the intent of Council to place this
referendum question on the November ballot. He recommended, if Council believes in the
development of a recreation center, these monies should continue to be set aside for the
purpose of construction and operation of a recreational center from incoming developer
donation fees.
Alderman Baird suggested the matter be discussed at greater length at the next
Finance and Personnel Committee Meeting scheduled for June 28, 2000. He concurred
with Alderman Glab' statement.
Mayor Cuda withdrew the resolution rescinding the 50/50 disbursement of Park
Developer Donations between the Park Donation Fund and the Recreation Center Fund
from the Agenda and sent it to the Finance and Personnel Committee.
ZONING MAP AMENDMENT —5403 BULL VALLEY ROAD, PEASE/LOOSSHAW
Petitioner and land developer Jack Pease and Kathy Loos-Shaw were in
attendance. Mr. Pease stated he is proposing the construction of an upscale office
condominium facility on Lot 2 of the Amoco Subdivision. The building would be constructed
of insulated concrete panels, which give the appearance of limestone. The Petitioners
hope to attract degreed professionals, i.e. attorneys, doctors and accountants. Mr. Pease
noted the only issue remaining is the resolution access to the site. He stated the County
Page 4
6/7/00
has denied direct access to Amoco Lot 2 from Crystal Lake Road. He noted the site plan
depicts two entrances from Bull Valley Road:
■ One through an access-easement with Midwest Bank of McHenry County; and
■ One adjacent to Amoco Lot 1.
Petitioner Pease stated, as per Council requirement, monies have been deposited
with the City of McHenry by adjacent property owner Midwest Bank of McHenry County for
future Bull Valley Road improvements, including the addition of a left turn lane and/or
deceleration lane. He stated he would be willing to contribute to these improvements as
well. Discussion followed regarding the feasibility if the establishment of a recapture
agreement to obtain monies from properties adjacent to the north, which would also,
benefit by the Bull Valley Road improvements.
Alderman McClatchey inquired why the County is prohibiting a second curb cut on
Crystal Lake Road. Mr. Pease stated the County's position is that as long as access can
be gained via another route, in this case Bull Valley Road, a curb cut shall be denied.
Alderman Baird opined he preferred a single shared curb cut on Crystal Lake Road.
Citing safety issues, he stated both property owners needed to work together to determine
the best single access point.
In response to the Mayor's inquiry, City Administrator Lobaito stated if the map
amendment is not granted, the zoning on Amoco Lot 2 would remain RS-1. A building
permit could not be issued for the office condominium unless the reclassification is
completed. In response to further inquiry, City Administrator stated if the zoning
reclassification were granted for Lot 2, but no other action taken regarding the Amoco
Subdivision this evening, a building permit still could not be issued to the developers of Lot
2. The setback for the office building would have to meet the more stringent requirements
of office adjacent to residential zoning district, as the 30' strip adjacent to Lot 1 would still _
be zoned residential until the Amoco Resubdivision and Reclassification is granted.
Mayor Cuda suggested formal action be deferred until access to both lots is
determined and agreed to by the County.
Alderman Glab concurred egress/ingress onto Crystal Lake Road must be
addressed before this project moves forward. He also requested more detailed elevation
drawings be submitted for Council approval when this matter comes back to Council for
review and formal action.
Mayor Cuda instructed the Petitioners to meet with Amoco and determine an agreed
upon access from Crystal Lake Road. He stated the City's willingness to support an agreed
upon access point on Crystal Lake Road.
Further discussion followed regarding the potential roadway improvements on Bull
Valley Road. Council directed Staff to include in Friday's Agenda Packet possible Bull
Valley Road improvements, including left turn and deceleration lanes.
VARIANCE AND CONDITIONAL USE — 2102 WEST ROUTE 120, THORNTON OIL
CORPORATION ._
Tim Ryan of Thornton Oil Corporation and Property Owner Ron Bykowski were in
attendance. Director of Community Development Napolitano reminded Council Thornton
Oil was requesting a variance and conditional use permit to allow the construction and
operation of an automobile service station within 600' of an existing service station. The
proposed site, approximately one-acre in size, is located at the northwest corner of Route
120 and Chapel Hill Road behind the Riverside Chocolate Factory. The site is currently
part of a nine-acre property owned by Ron Bykowski and zoned C-5 Highway Commercial.
The proposed Thornton site will be subdivided,,from the larger parcel to facilitate the
development of the remainder of the property. Thbmton Oil Corporation is proposing the
construction of a new 3,600 square foot gas station and convenience store with ten fuel
pumps and a canopy.
Page 5
6/7/00
Director Napolitano stated this matter was initially presented for formal action to
Council on May 31, 2000 at a regularly scheduled Council Meeting. At that time, Council
deferred action until the Petitioner could meet with and address ingress and egress safety
concerns expressed by adjacent property owner and proprietor, Mr. Robert Hunter of
Riverside Chocolate Factory. Mr. Ryan stated he had met with Mr. Hunter and his
daughter.
Mayor Cuda noted Mr. Hunter previously indicated he would like to retain both
entrances to his property, one from Route 120 and one from Chapel Hill Road, and that he
had no desire to have a cross-access easement with the Thornton Service Station.
Mr. Bykowski stated he spoke with Mr. Hunter since the last meeting. Mr. Hunter
has agreed to close the Route 120 curb cut provided his employees would be able to
utilize Thornton Property for parking. Mr. Hunter will agree to close off his route 120 curb
cut provided he has a shared access on Chapel Hill Road.
City Administrator Lobaito stated the County would not grant Thornton access on
Chapel Hill Road if there is a cross-access easement with Riverside Chocolate Factory,
even if Thornton informally permits access to Riverside Chocolate Factory. Mr. Hunter's
daughter, Tabitha, who was also in attendance, stated her father would not be willing to
give up his Route 120 curb cut if he would be required to enter into a 50150 cross-access
easement maintenance agreement. She stated this would not be equitable as the lot size
of Riverside Chocolate Factory is much smaller than the Thornton property. She stated her
father would like to see an open shared area; however, maintenance of that area should
be rated for on a percentage basis.
City Administrator Lobaito stated the City could provide for future cross-access point
on Thornton's site plan. Mr. Ryan stated Thornton could design the site plan to
accommodate a future access-easement location. Attorney McArdle noted once there is a
cross-access easement agreement it must be recorded in order to be enforced.
Alderman Baird opined a cross-access easement would benefit Riverside Chocolate
Factory. He commended the Petitioner for their efforts in addressing Council concerns and
the needs of Riverside Chocolate Factory.
Alderman Glab concurred that a cross-access easement is appropriate; however, he
expressed concern that Riverside Chocolate Factory could ultimately be landlocked if both
of its existing curb cuts are removed.
Mayor Cuda suggested a potential future cross-access easement be clearly shown
on Thornton's site plan. The easement could then be negotiated at some point in the
future. Included in the easement agreement would be a pro rate share maintenance of the
easement area.
Council directed Attorney McArdle to draft appropriate language to be included in a
potential cross-access easement agreement and to direct Staff to draft an ordinance
approving the granting of the conditional use permit and variance to allow the construction
and operation of an automobile service station on the property located at 2102 West Route
120 within 600' of an existing service station, subject to the following conditions:
■ The subject property shall be developed in substantial conformance with the
latest building elevations submitted by Thornton's dated 3/22/00;
■ The property shall be developed in substantial conformance with the latest site
plan prepared by Thornton Oil Corporation dated 3//7/00 and last revised on
5/8/00;
■ A detailed landscape plan for the property shall be approved by the City Council
prior to final occupancy approval;
■ The permitted ground sign for the subject property shall be limited to a
monument type design, with a maximum height of eight feet. (The ground sign
shown on the site plan does not show the required 5' setback from the property
line).
Page 6
6/7/00
MAYOR STATEMENT AND REPORTS
Mayor Cuda reported he had been notified by a Northwest Herald Reporter that
Gerstad Builders are proposing to bring their Diedrich Farm Property before the Village of
Lakemoor for presentation on Thursday, June 8, 2000. The plan includes 117 homes and
a 5-acre commercial strip center along Chapel Hill Road. Mayor Cuda noted Lakemoor
building and contribution fees are considerably less than those charged by the City of
McHenry. He stated he is uncertain how this development would impact the school
districts.
Alderman Glab opined the development of 117 homes on well and septic in close
proximity to the Fox River would not be in the best interests of the community.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Director of Public Works Batt reported the bid opening for the 2000 Street
Reconstruction Program were opened Tuesday, June 6, 2000. The project will come in at
approximately $1,100,000 which is within the 2000-2001 budget.
Chief of Police Kostecki reported Sergeant Brogan graduated last Friday, June 2,
2000 from Northwestern University Traffic Institute School of Police Staff and Command.
He will be returning to duty within the next week. In response to Alderman McClatchey's
inquiry, Chief Kostecki stated the speed trailer would be delivered late this summer.
NEW BUSINESS
In response to Alderman Glab's inquiry, City Administrator Lobaito stated he
received notification today, June 7, 2000, the Pace route and schedule for the stops in the
McHenry Corporate Center will soon be forthcoming.
Alderman Glab, in speaking with a City resident this evening, noted the City was
commended for its efforts to accommodate and welcome the participants of the Twin
Cities-Chicago AIDS Ride. He asked that Staff be commended.
EXECUTIVE SESSION: PROPERTY ACQUISITION --
Motion by Bolger, seconded by Glab, to go into Executive Session to discuss
Property Acquisition at 8:55 p.m.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Page 7
6/7/00
Council went into Executive Session at 8:55 p.m.
y M
Motion by Glab, seconded by Bolger, to go back into Open Session at 9:08 p.m.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Council went back into Open Session at 9:08 p.m.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:09 p.m.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
The meeting was adjourned at 9:09 p.m.
OR DEPUTY OLERK