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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. i� C:�� CITY LERK MAYOR