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HomeMy WebLinkAboutMinutes - 10/13/1993 - City Council REGULAR MEETING OCTOBER 13, 1993 The regular meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, October 13, 1993 at 7:30 P.M. in the Council Room of the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Lawson, Baird. Bates arrived at 7:40 P.M. Absent: None. City Staff in attendance: City Clerk Gilpin, City Attorney McArdle, City Administrator Peterson, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel , Chief of Police Joyce. Absent: Director of Public Works Batt. TEN MINUTE PUBLIC INPUT SESSION Curt Pepe of 3609 Cornell Court, addressed the Council and expressed concern over the request that Arby's restaurant was making to the Council for reduction in the height of the berm on the east side of the highway. He was concerned over car lights shining into Mill Creek Subdidivision. CONSENT AGENDA Motion by Baird, seconded by Bolger, to approve the Consent Agenda as follows: (1 ) September 15, 1993 Regular City Council Meeting Minutes; (2) September 29, 1993 Regular City Council Meeting Minutes, with one correction; (3) October 6, 1993 Regular City Council Meeting Minutes; Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: None. Absent: Bates. Motion carried. 1994 FIESTA DAY SCHEDULE Sue Low, Co-Chairman of the 1994 Fiesta Days Committee, addressed the Council and outlined the proposed schedule of events and activities recommended by the Fiesta Days Board. Two changes were proposed from last year's activities: 1 ) there be no outside beer sales on Tuesday, July 19, 1994, and 2) the hours for Food Fiesta on Saturday increase from 2:00-8:00 p.m. and on Sunday from 11 :00 to 8:00 p.m. The Fiesta Days Board also intends to re-establish the drum and bugle corps show on Sunday evening at McCracken Field. In addition to the approval of the Fiesta Days schedule, the Fiesta Days Board also requested a Special Event Liquor License for the events as outlined. Motion by Locke, seconded by Baird, to approve the schedule of events and activities for 1994 Fiesta Days as presented; and to approve issuance of a Special Events Liquor License. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. REVISED CONCEPT PLAN OF BUSCH-KNOX ANNEXATION Attorney Tom Rupp representing the Busch-Knox Trust addressed the Council and presented a revised concept plan which had several changes from the one presented last year. All proposed residential on the west side of Green Street (approximately 70 units on 5 1/2 acres) had been eliminated and was now proposed to be Commercial . The 3.2 acres on the west side of Green Street which had been proposed as Commercial was now revised to be 0-1 Office. Since the last meeting, Rupp had met with Mayor Cuda and City Administrator Peterson to work on the revised plan. It was the petitioner's proposal to donate 11 acres of land for the right-of-way for the new Bull Valley Road in return for the Council 's acceptance of the newly revised concept plan, and for the waiver of annexation fees. It was pointed out that residential annexation fees are non-negotiable at $1 ,000 per acre and $500 per unit. However, the Council has no set policy on fees for Commercial annexations. It was the consensus of the Council that an annexation agreement should be drafted, along with a revised concept plan as proposed, which would define zoning districts and densities. October 13, 1993 Page 2 Motion by Locke, seconded by Baird, to instruct the petitioner's attorney and the City attorney to work out an annexation agreement for presentation to the Council . Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. PRELIMINARY AND FINAL PLAT OF McCULLOM PLACE Attorney Phil Grossman was in attendance representing McCullom Place. The property is located at the southeast corner of McCullom Lake Road and Route 31 , and contains approximately 16 acres. Three separate buildings would be constructed on this 16 acre parcel . Lot 1 will contain a 90,000 square foot Target Store owned by Dayton-Hudson; Lot 2 will contain a 50,000 square foot commercial lease building owned by Aetna Development Corporation; and Lot 3 will have an Arby's restaurant on it. The Plan Commission recommended approval by a 6-0 vote, with four stipulations. Motion by Baird, seconded by Lawson, to approve the preliminary and final plat of McCullom Place, contingent upon the following conditions: 1 ) posting of a Letter of Credit; 2) approval by City Attorney of Trustees Deed for a 30 foot right-of-way and the partial release of an existing mortgage; 3) drafting of a covenant which provides that no further curb cuts will be requested; 4) that the cross easement portion of the Operations and Easement Agreement will not be repealed until the year 2025 by agreement of the City and the three parties involved, Dayton-Hudson, Aetna Development Corporation, and R.B. Skokie Corporation (Arby's). Voting Aye: Bolger, Locke, Bates, Lawson, Baird. --- Voting Nay: None. Absent: None. Motion carried. VARIANCE REQUEST BY DAYTON-HUDSON CORP. FOR 0 LOT LINE The Dayton-Hudson Corporation is constructing a Target store on a 9 acre parcel proposed to be platted as part of the McCullom Place subdivision. In order to have a unified appearance, Target was seeking approval for a zero (0)lot line setback to create the appearance of a single building. The ZBA recommended approval of the petitioner's request on a 6-0 vote, providing that the 0 lot line extend from the southwest corner of the petitioner's building east to a point not to exceed 130 feet; that any alcove created by the erection of the two buildings be fenced as required by the City; that the owners of each of the two buildings enter into an agreement with the City to assure that said fencing would be installed; that the variance be granted as depicted on the concept plan prepared by G & H Development dated 9/3/93. Attorney Lawrence M. Freedman was present to answer questions of the Council . Motion by Baird, seconded by Lawson, to concur with the Zoning Board of Appeals' recommendation and approve an ordinance granting the variation request of Dayton-Hudson Corporation, contingent upon the 0 lot line extending from the southwest corner of the petitioner's building east to a point not to exceed 130 feet; that the owners of each of the two buildings enter into an agreement that any alcove created by the erection of the two buildings be fenced; and to authorize the City Attorney to draft the ordinance. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. October 13, 1993 Page 3 VARIANCE REQUEST OF AMERICAN NATIONAL BANK AND AETNA DEVELOPMENT CORP. FOR 0 L01 LINE The petitioner's, American National Bank and Trust and Aetna Development Corporation, were represented by Architect David Mangurten and Attorney Lawrence Freidman. The petitioner's were making the same request that Dayton-Hudson had made in the previous motion for a 0 lot line. In order to have a unified appearance with the Target Store, they were seeking approvals for a 0 lot line setback to create the appearance of a single building. The Zoning Board of Appeals recommended approval of the petitioner's request on a 6-0 vote that the variance be granted for the interior side yard at the north property boundary and that it extend from the northwest corner of the petitioner's building east to a point not to exceed 130 feet; that any alcove created by the erection of the two buildings would be fenced as required by the City; and that the owners of the two buildings enter into an agreement assuring that the fence be installed. Motion by Lawson, seconded by Baird, to concur with the Zoning Board of Appeals' recommendation and approve an ordinance granting the variation request of American National Bank and Aetna Development Corporation for a 0 lot line for the interior side yard at the north property boundary, contingent upon the 0 lot line extending from the northwest corner of the petitioner's building east to a point not to exceed 130 feet; and that an agreement be entered into between Dayton-Hudson and American National Bank and Aetna Development Corporation to assure that any alcove created by the erection of the two buildings would be fenced, and to authorize the City Attorney to draft the ordinance. . Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. VARIANCE REQUEST - R.B. SKOKIE CORPORATION, ARBY'S RESTAURANT R.B. Skokie Corporation represented by President Henry Green, addressed the Council to request three variances for the construction of an Arby's restaurant in the McCullom Place Shopping Center. The specific variations were: 1 ) reduction of the rear property line setback from 15 feet to 11 feet; 2) reduction of required screening berm along the west side of the property adjacent to Route 31 from 3 1/2 feet to 2 feet; 3) granting a conditional use for a drive-thru restaurant. The Zoning Board of Appeals voted as follows: 6-1 to approve the conditional use request for a drive-thru restaurant; 5-2 to approve the reduction in the rear yard setback from 15 feet to 11 feet; and 7-0 to deny the request to reduce the berm from 3 1/2 feet to 2 feet. Motion by Baird, seconded by Bolger, to concur with the Zoning Board of Appeals' recommendation and pass an ordinance granting the variation for the reduction of the rear property line setback from 15 feet to 11 feet, and for a conditional use for a drive-thru restaurant conditioned upon Arby's Restaurant working with the Director of Building and Zoning to have a minimum 6 inch curb barrier along the rear lot line with access for an exit and entrance. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. Motion by Baird, seconded by Bates, to concur with the Zoning Board of Appeals' recommendation and deny Arby's request for a variation to reduce the required screening berm along the west side of the property from 3 1/2 to 2 feet. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda called for a recess at 9:25 P.M. The meeting reconvened at 9:40 P.M. with everyone in attendance. October 13, 1993 Page 4 SIGN VARIANCE REQUEST OF R.B. SKOKIE CORP. (ARBY'S) Arby's was requesting that a monument sign be placed in front of the proposed Arby's restaurant. The sign exceeded the maximum allowable size for a monument sign, and it would also exceed the maximum number of signs allowed for the McCullom Place Shopping Center. Motion by Lawson, seconded by Baird, to deny Arby's request for a monument sign, and instead allow them to place three illuminated wall signs on the building, with a limit of 110 square feet in total for the three signs. — Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. SIGN VARIANCE REQUEST - AETNA DEVELOPMENT CORP. AND TARGET Architect David Mangurten and Attorney Lawrence Freidman addressed the Council on behalf of Aetna and Target to seek approval for two pole mounted signs for the McCullom Place Shopping Center. The Target sign is proposed to be 25 feet in height with a two-sided face of 100 square feet. The sign proposed for Aetna Development Corporation is 25 feet in height, with a two-sided face containing 210 square feet. The City' s Sign Ordinance allows only one pole sign per shopping center, with a maximum height of 25 feet and 200 square feet on each side of a double sided sign. The request for the two pole signs is for an area of 310 square feet. Aetna proposes to put their sign at the southern entrance of the McCullom Place Shopping Center, while Target's would be at the northern end of the shopping center. Lengthy discussion ensued. When a suggestion was made to table the matter, George Hanus, President of Aetna Development Corporation, told the Council he would amend his petition to a 100 square foot sign if they so desired. -- Motion by Baird, seconded by Locke, to grant a sign variance request for a 100 square foot sign for Aetna Development Corporation at the south entrance of the Shopping Center. Voting Aye: Bates. Voting Nay: Baird, Lawson, Locke, Bolger. Absent: None. Motion did not carry. Motion by Locke, seconded by Lawson, to grant a sign variance request for McCullom Place Shopping Center, and allow a Target sign 25 feet in _ height, with a two-sided face of 100 square feet, and to allow an Aetna Development Corporation sign 25 feet in height, with a two-sided face of 210 square feet. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. VARIANCE FOR SATELLITE DISH - TARGET Since no one was in the audience representing the Target Stores on this variation request, the matter was deferred to a future meeting. HILLSIDE ANNEXATION AGREEMENT An annexation agreement was presented for the Council 's review with language that was acceptable to the petitioner, as well as to the City officials who reviewed it. Hillside petitioners Don and Roger Gerstad were in attendance, along with their attorney Sam Diamond. Two issues which were highlighted were that the gas pipeline easement needed to be worked into the agreement. City Attorney McArdle was told to write language into the agreement which would satisfy the City. Gerstad also agreed to pay a $4,000 fee for a sewer reimbursement. The attorneys were told to revise the language and present a final annexation agreement to the Council at its regular meeting on November 3, 1993. October 13, 1993 Page 5 MAYOR - STATEMENT AND REPORTS Mayor Cuda announced his appointment of Thomas F. Bolger of 3513 W. Broad Street to serve on the Landmark Commission with his term to expire April 30, 1995. Motion by Locke, seconded by Lawson, to approve the Mayor's appointment of Thomas F. Bolger to the Landmark Commission, as presented. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda reported he had received a letter from Frank Gradishar concerning White Oak Ridge. The letter will be placed on the next agenda for discussion. COMMITTEE REPORTS Director of Building and Zoning Lobaito reported on the meeting held Sunday, October 10, 1993 with the residents of Oaks of McHenry. Mayor Cuda, Aldermen Locke, Baird, Bates, and City Administrator Peterson and Building and Zoning Director Lobaito met with about 20 homeowners in the Oaks of McHenry. They listened and viewed various complaints concerning warranty work, Hemphill , and the Building and Zoning Department. Lobaito said that after the meeting, he felt the residents had a better understanding of what the City was doing and appreciated the fact that City officials took time to view the situation. Lobaito said that he was aware of all but one complaint that was mentioned by the residents. He also read a statement defending his department and the refuting allegations made against him and the employees of his department. Chief Joyce reported that the City needed to hire two school crossing guards and felt that if the pay were higher, he would be able to fill those two vacancies. Surrounding communities all pay $7.00 per hour, while the City only pays $5.25. He requested the salary be raised to $7.00. Motion by Locke, seconded by Baird, to raise the crossing guard hourly salary from $5.25 to $7.00/hour. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Alderman Locke announced there would be a Ward 2 meeting on Thursday, October 14, 1993 at the Whispering Oaks Community Center, and invited all Aldermen and Staff to attend. ADJOURNMENT Motion by Bates, seconded by Lawson, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting adjourned at midnight.