HomeMy WebLinkAboutMinutes - 07/20/1994 - City Council SPECIAL MEETING
JULY 20, 1994
A Special Meeting of the McHenry City Council was called to order by
L.� Mayor Cuda on Wednesday, July 20, 1994 at 7:36 P.M. in the Council
Chambers of the Municipal Center. At roll call the following Aldermen
were present: Baird, Lawson, Bolger. Alderman Locke arrived at 7:40
P.M. Alderman Bates arrived at 7:43 P.M. Absent: None. City Staff in
attendance: City Clerk Althoff, City Administrator Peterson, City
Attorney McArdle, Director of Building and Zoning Lobaito. Absent:
Director of Public Works Batt, Director of Parks and Recreation Merkel,
Chief of Police Joyce.
TEN MINUTE PUBLIC INPUT SESSION
Wilber Hecht, property owner of 4305 W. Elm, addressed the Council on
behalf of his tenants, Tom and Delores Dickerson, owners of Grower's
Outlet.
Alderman Locke arrived at 7:40 P.M.
Tom and Delores Dickerson lease property from Mr. Hecht to operate an
outside garden center. They applied and received a 90-day use permit
from the City for this purpose. The permit application date was April 7,
1994, expiring July 7, 1994. Mr. Hecht requested the Council extend the
Dickerson's permit at least through July 27, 1994, which would coincide
�.. with the business's opening day, as opposed to the day the permit was
received. Director of Building and Zoning Lobaito noted that five other
outdoor garden centers had been sent the same letter. Two of the five
centers have already closed, with a third in process. Discussion
followed.
Motion by Lawson, seconded by Bates, to extend the use permit for Tom
and Delores Dickerson at 4305 Elm Street until July 27, 1994.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda convened the Public Hearing to consider the Second
Amendment to McHenry Corporate Center's Annexation Agreement at 8:15
P.M. Petitioners Gary and Patricia Lang were in attendance, along with
their attorney Dan Curran, their architect Phil Jensen, and
representatives from the McHenry Corporate Center Scott Dixon and Kit
Carstens. Cheryl Barone, Court Reporter, was also in attendance.
Attorney Curran summarized the Lang petition which requests that the
proposed Second Amendment to the McHenry Corporate Center Annexation
Agreement be approved as presented. The intent of the amendment is to
allow the construction and operation of the combined Gary Lang Auto
Dealerships on a 10.8 acre parcel of property which was originally part
of Parcel A of the original annexation agreement. Attorney Curran
enumerated the specific changes referenced by the Second Amendment.
- As the original McHenry Corporate Center concept plan does not
show Parcel A and Mr. Lang is acquiring the property, it must be
amended before Mr. Lang's purchase.
- Annexation guidelines which establish and regulate development
restrictions for the McHenry Corporate Center prohibit
automotive repair establishments. These guidelines must be
amended in order for the Lang project to proceed.
- Existing users of McHenry Corporate Center Units I and II have
formerly agreed to this proposed single exception. Until
Illinois Department of Transportation (IDOT) formerly approves
the access point as requested, the petitioners would like to
develop the property and obtain building and occupancy permits
�- on a metes-and-bounds legal description. It shall be understood
that the property will be subdivided after gaining the requested
access to Route 31, and shall comply with all the terms of the
McHenry Corporate Center's annexation agreement.
- As the annexation agreement was, in effect, the Corporate
Center's zoning ordinance the Corporate Center must amend the
annexation to allow for automobile and truck sale, services, and
repairs as a permitted use.
July 20, 1994 Page 2
- The petitioners are also requesting that construction be allowed
to commence with the understanding that the petitioner shall be
obligated to comply with all the City ordinances as they relate
to the development and construction of the building. The
petitioner shall be obligated to comply with the guidelines as
stated in the Corporate Center's annexation agreement.
- The conceptual plan shows a portion of the Lang parcel which
runs out to the proposed road as a 100-foot frontage. The
annexation agreement allows for a minimum of 200 feet of
frontage. This particular issue must be addressed further.
- As sidewalks might be required along Route 31, the petitioners
are requesting that they not be required to put sidewalks in, as
there are no sidewalks on any of the adjacent properties.
Project Architect Phil Jensen reviewed the conceptual plan. The plan
now shows two separate showrooms . (due to dealership policies), one single
entrance, and a slightly larger service area. City Administrator
Peterson noted that the public hearing notice indicated two existing
homes, a barn, and other out-buildings. All of these buildings must be
removed prior to construction. It was also noted that in the second
amendment to the annexation agreement all references to a conceptual plan .-t
and/or site plan should be referenced as the conceptual plan submitted on
July 20, 1994. Other important issues addressed by City Administrator
Peterson were:
- A time frame for completion of the actual subdivision process after
IDOT grants access to Route 31;
- A deceleration lane coming from the north, traveling south to leave
the through lane of traffic;
- A northbound turn lane into the project;
- Signage;
All these issues were discussed at length, particularly the sign
issue in relation to planned promotional advertising.
Motion by Bolger, seconded by Locke, to take a five-minute recess
until 9:40 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda reconvened the Public Hearing at 9:40 P.M. with everyone
still in attendance.
Further Discussion followed. Mayor Cuda then asked if there were any
comments from the public. No comments were forthcoming.
Motion by Bates, seconded by Lawson, to close the Public Hearing on
the Second Amendment to the Corporate Center annexation agreement.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
.Absent: None.
Motion carried.
Staff was directed to meet with Mr. Lang, Mr. Curran, Mr. Dixon, and
Mr. Carstens to resolve the outstanding issues regarding this project.
The Public Hearing will reconvene on Wednesday, July 27, 1994 at 7:30
P.M. with the same agenda. '1
Mayor Cuda opened the Public Hearing to consider the Third Amendment
to the McHenry Corporate Center's Annexation Agreement at 10:05 P.M.
Attorney for the petitioners, Dan Curran, asked to reconvene this
Public Hearing on Wednesday, August 3, 1994 at 7:30 P.M. with the same
agenda.
July 20, 1994 Page 3
Motion by Bates, seconded by Lawson, to close the Public Hearing at
10:09 P.M.
L Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
NEW BUSINESS
City Administrator Peterson reported that Tom Rupp, attorney for
Helen Busch, has republished the Public Hearing Zoning Notice and
renotified all the abutting property owners as per City Attorney
McArdle's request. Originally, one block of homeowners was overlooked
resulting in the reconvening of the Public Hearing on August 8, 1994.
Alderman Baird requested the Building and Zoning Department raise th
posted public hearing sign located on the northeast corner of Bull Valley
Road and Green Street to a minimum of 30 inches.
Alderman Bolger requested the Public Works Committee consider the
stop sign requests for the intersection of and South, Shore and
Eastern, and Meadow and Willow. 1i�vt4I / :, "-` `"Li e)- .,, .1,�,`t
Parks and Recreation Fall brochure proofs were distributed 1
previously. Alderman Lawson asked the status of the cooperative barter
agreement with School Districts 156 and 15. City Administrator Peterson
noted the agreement had not been received until Monday. Therefore some
changes to the brochure needed to be addressed. It was recommended the
Parks and Recreation Committee review this document more thoroughly
before final approval.
Alderman Locke left the meeting at 10:21 P.M.
Alderman Baird reported on the July llth Public Works Committee
meeting regarding the McHenry Shores Water Company.
Motion by Baird, seconded by Bates, to run parallel water tests once
every two weeks for six months at 10 locations, within McHenry Shores.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
Alderman Locke returned to the meeting at 10:26 P.M.
Alderman Baird also requested use of the Municipal Center's classroom
for a meeting with McHenry Shores residents. The Council approved his
request.
Motion by Locke, seconded by Baird, to go into Executive Session at
10:28 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Locke, seconded by Baird; to go back into Open Session at
10:55 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Bates scheduled the next Parks and Recreation Committee
meeting for Wednesday, July 27, 1994 at 6:30 P.M. in the Aldermen's
Conference Room.
July 20, 1994 Page 4
Motion by Bates, seconded by Lawson, to ajdourn the meeting.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 11:00 P.M.
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CITY LERK MAYOR