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