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HomeMy WebLinkAboutMinutes - 05/09/2001 - City Council SPECIAL MEETING MAY 9, 2001 �.. A Special Meeting of the McHenry City Council was called to order by Mayor Althoff, at 7:30 P.M. on Wednesday, May 9, 2001 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Clerk Jones, City Attorney McArdle, Director Community Development Napolitano, Director Public Works Batt, Assistant Administrator Maxeiner. Absent: Chief of Police Kostecki, Director Parks and Recreation Merkel. Mayor Althoff called the Public Hearing to order at 7:30 p.m. for the purpose of discussing the annexation agreement, annexation, zoning, and preliminary plat for the Ebel Property, now known as Pacini's McHenry Commerce Center. In attendance were Petitioner, Mr. Lou Pacini, Mr. Peter Huinker from Smith Engineering Consultants; and Daniel Curran of Campion, Curran, Rausch, Gummerson and Dunlop, Attorney for the Petitioners. Attorney Curran noted the subject property is comprised of 240 acres, located on the west side of Route 31, south of the McHenry Corporate Center. The property is currently unincorporated and zoned A-1 County Agricultural. The Petitioners are requesting annexation, zoning and preliminary plat approval to provide for the development of a 175-acre business park (BP zoning), and a 22-acre commercial center (C5 zoning). In addition, Mr. Curran stated there is a 43-acre parcel located to the west of �-- the Chicago and Northwestern Railroad Tracks (Lot 103 on the preliminary plat) which would be zoned E-Estate upon annexation. This parcel may be developed when a public road access is made available, i.e. Route 31 bypass or development of adjacent property to the west of this parcel. The proposed use of this parcel has not been determined, but would depend on the type of development approved for the surrounding property to the north and west. Attorney Curran noted the City of McHenry Comprehensive Plan indicates residential land uses in this area. Attorney Curran stated there were open issues still remaining concerning the annexation agreement for this property: ■ Potential commuter station; ■ Traffic control signal; ■ Setting aside right-of-way for future Route 31 West McHenry Bypass. Attorney Curran noted the City has discussed the potential for a new Metra Commuter Station on the Ebel Property, and has requested that 25 acres adjacent to the railroad tracks be reserved for potential purchase by Metra. The planning for the station is expected to occur within the next few years, if one is to be constructed on this site. The City intends to limit the period of reservation to seven years. Attorney Curran noted Paragraph 11 provides for the Developer's donation of 50% of the cost of construction and installation of traffic signalization at the intersection of State L Route 31 and Lucca Boulevard. Staff noted when the Final Plat is approved for the McHenry Commerce Centre, the Pacini Group would submit a Letter of Credit in the amount of 50% of the cost of Page 2 5/9/01 construction and installation of the traffic signal. Attorney Curran stated that pursuant to Paragraph 12, Right-of-Way Dedication for the Route 31 West McHenry Bypass, sub-paragraph A, the owners agree to dedicate the right-of-way for the Bypass to the appropriate jurisdiction in the configuration provided on the Preliminary Plat, as requested by the City for the planning or construction of the Bypass. The Pacini Group agrees to donate this property to the City, if indeed, this Bypass is constructed. If, for any reason, the Bypass is not constructed, the land dedication would revert back to the developer. Mayor Althoff opened the floor to Public Comment and/or Question. There were none. Mayor Althoff inquired if the City Clerk or Administration Office had received any written or verbal comment with regard to the Pacini Ebel Farm Property Annexation. City Clerk Jones stated there were none. City Administrator Lobaito stated there were none. Mayor Althoff invited Council questions and/or comments regarding the Pacini Ebel Farm Property Annexation. Alderman Bolger stated the Route 31 West McHenry Bypass is essential. He stated his preference that the time restrictions regarding the dedication of right-of-way for the Route 31 West McHenry Bypass be open-ended. He noted future economy is uncertain and the City is dependent upon the State and McHenry County for financial assistance with this project. Alderman Murgatroyd inquired as to the location of the proposed Metra Commuter Station. Attorney Curran responded the Metra Station would be cited at the southwest portion of the property adjacent to the proposed Route 31 West McHenry Bypass. City Administrator Lobaito interjected the reason the Metra Commuter Station was not contained within the annexation agreement distributed to Council, was that the City, Metra, and the Pacini Group following a meeting last week, finally agreed on the proposed site for this facility. This meeting occurred following the distribution of Agenda Packets for this meeting. In response to Alderman Murgatroyd's inquiry, Attorney Curran clarified the lot located west of the Chicago and Northwestern Railroad Tracks should be Lot No. 102. Alderman Glab inquired as to the disposal of the 80' right-of-way should the Route 31 West McHenry Bypass not be constructed. Attorney Curran responded if the Bypass is not constructed, an alternative property development plan would have to be pursued. Attorney Curran continued, stating there is currently an 80' right-of-way along the southern property line. The 80' right-of-way would be adequate for a roadway in a business park. Mayor Althoff interjected there was language in the annexation agreement stating if the Bypass does not utilize the reserved right-of-way, the Pacini Group would be required to come back to the City for plat amendment and approval. Alderman Glab stated that it was his understanding that a traffic study had been conducted by Illinois Department of Transportation (IDOT) for this area. Director of Community Development Napolitano responded the IDOT traffic study had not yet been completed due to the fact that the exact access location site for the proposed Bypass has not yet been determined. Page 3 5/9/01 t.- Alderman Glab stated he believed the IDOT traffic study was a requirement of the developer. Director of Community Development Napolitano referencing correspondence from his department to Smith Engineering, stated the letter merely inquired if a traffic study had been prepared. Smith Engineering responded IDOT has been provided a copy of the Preliminary Plat and requested a traffic study be completed. Smith Engineering will be providing a traffic study report along with final engineering for this project once the future Route 31 West McHenry Bypass geometrics have been determined. Director Napolitano noted the report would be intersection configurations and not a traffic study concerning vehicular numbers. Alderman Glab requested Staff provide Council with copies of the report upon receipt from Smith Engineering. Attorney Curran noted the report would be made available to Council once the exact location of the McHenry Commercial Centre access point on Route 31 has been determined. Alderman Glab noted the last time the developer of this project appeared before Council, a cul-de-sac and Ridgeview Drive extension were shown on the site plan. Alderman Glab noted there was no dedication of land to the City to allow for the extension of Ridgeview Drive through the Pacini development. He opined the Miller Drive extension is not appropriate. Attorney Curran responded the request for the Miller Drive extension was initiated by the developers of the McHenry Corporate Center and was related to a PACE Bus Stop issue. Alderman Glab opined the extension of Miller Drive could precipitate a great amount of truck traffic between the two business park subdivisions. Discussion followed regarding traffic flow and potential driveway access impediments between the two business parks, McHenry Corporate Center and McHenry Commercial Centre. In response to Alderman Glab's inquiry, Attorney Curran stated there would be a potential interconnection between the McHenry Corporate Center and the commercial portion of the McHenry Commercial Centre. Alderman Glab inquired if the configuration of the commercial portion of the McHenry Commercial Centre was modified, would the developers be permitted to change the commercial boundaries within the subdivision. Mayor Althoff noted the developers would be required to come back to the City if such modification was being requested. Attorney McArdle summarized the issues agreed upon as a result of the Public Hearing as follows: ■ A 150' right-of-way shall be reserved for the possible construction of the Route 31 West McHenry Bypass. This right-of-way shall be reserved for a minimum of seven years or a period of time similar to that found in the Inland Annexation Agreement, whichever is greater. Exact language should be included in the McHenry Commercial Centre annexation agreement regarding the period of time this land must be reserved prior to final passage of the ordinance approving the annexation agreement. The 150' right-of-way dedication would be a donation by the developer. �. • Following the expiration of the specified time period for reservation of the 150' right-of-way, the required right-of-way dedication would be reduced to 80' if the Bypass is rerouted by the County; the 80' right-of-way dedication would be donated by the developer. Page 4 5/9/01 ■ Metra Station: 50 additional feet to the west side, required by Metra, will be dedicated by the developer. Language shall be included regarding a seven-year reservation of land for potential purchase by Metra for use as a Commuter Station, after which the City would have right of first refusal. ■ Two site plans of the McHenry Commercial Centre will be drafted: Plan A will not include either a Metra Commuter Station or the dedication of the Route 31 West McHenry Bypass right-of-way; Plan B will include both the Metra Commuter Station and the dedication of the Route 31 West McHenry Bypass 150' right-of-way • Traffic Signalization: the developer shall be responsible for 50% of the cost of traffic signalization of the intersection of Route 31 and access to McHenry Commercial Centre. These monies would be paid upon approval of Final Plat for the last phase of the McHenry Commercial Centre, or sooner if the City determines traffic warrants have been met. ■ Restrictive language relating to building permit issuance, as agreed to by the developer, shall be included in the annexation agreement. ■ Referencing Alderman Glab's question regarding access to the west parcel, language should be included in the annexation agreement that this parcel shall be zoned E-Estate, and access to this parcel shall be determined by Council. ■ Regarding driveway setback for Lots 1 through 9, if Council concurs, language should be included in the annexation agreement specifying minimum setbacks required from adjoining parcels as far as driveway length is concerned. City Administrator Lobaito directed Staff to research industrial driveway standards to be included in an ordinance amending the City's current general driveway requirements. He expressed concern regarding this issue arising in other phases of this development and not merely in Lots 1-9. Motion by Bolger, seconded by Glab, to close the Public Hearing regarding the annexation agreement, annexation, zoning and preliminary plat approval of the Pacini Group's McHenry Commercial Centre at 8:27 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Motion by Glab, seconded by Murgatroyd, to direct Staff to create ordinances authorizing the annexation agreement, annexation,zoning and preliminary plat approval of the Pacini's Ebel Farm Property, now known as McHenry Commercial Centre, comprised of 240 acres, and located on the west side of Route 31, immediately south of the McHenry Corporate Center. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Page 5 5/9/01 �- NEW BUSINESS Alderman Bolger suggested the Mayor and City Clerk send a letter to The Honorable Maureen McIntyre expressing the City's gratitude for her participation in the City's swearing in proceedings at the regularly scheduled May 2, 2001 Council Meeting. He also suggested that a copy of the current issue of the Weekly Beacon be included with the letter. Motion by Bolger, seconded by Murgatroyd, to direct the Mayor and City Clerk to send a letter to The Honorable Maureen McIntyre expressing the City's gratitude for her participation in the City's swearing in proceedings at the regularly scheduled May 2, 2001 Council Meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Alderman Glab stated he had spoken with constituents near Riverwood School. These residents indicated the posting of temporary signs indicating a "School Zone" were not appropriately displayed. �.. Mayor Althoff recognized City resident Rosemary Swierk. Ms. Swierk opined the temporary signs were not successful in reducing traffic speed during school hours. She requested Council research other ways of reducing traffic speed in the school zone during peak hours. Mayor Althoff suggested City Administrator Lobaito be contacted for appropriate action, or, alternatively, the matter could be brought to the Council as a regular Agenda item. EXECUTIVE SESSION Motion by Glab, seconded by Bolger, to go into Executive Session at 8:32 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:32 p.m. Motion by Glab, seconded by Low, to return to Open Session at 8:42 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, regarding reimbursement of certain expenses. Page 6 5/9/01 ,.may Motion died for lack of a second. Mayor Althoff suggested the matter be deferred to the Finance and Personnel Committee for review and discussion. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn at 8:45 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:45 p.m. Q- M YOR CITY CL RK