HomeMy WebLinkAboutMinutes - 08/23/1993 - City Council SPECIAL MEETING
AUGUST 23, 1993
The Special Meeting of the McHenry City Council was called to order
by Mayor Cuda on Monday, August 23, 1993 at 7:30 P.M. in'"'the Council Room
of the Municipal Center. At roll call the following Aldermen were
present: Bolger, Locke, Bates, Lawson, Baird. Absent: None. City
Staff in attendance: City Clerk Gilpin, City Attorney McArdle, City
Administrator Peterson, Director of Public Works Batt, Director of
Building and Zoning Lobaito. Absent: Director of Parks and Recreation
Merkel, Chief of Police Joyce.
Also in attendance were attorneys Sam Diamond, Daniel Bauer, and John
Roth representing Inland Land Appreciation Fund II; Robert Grossman, Land
Planner for Inland; and Court Reporter Cheryl Barone. Several property
owners from Mill Creek Subdivision were also present.
Mayor Cuda announced that the purpose of this meeting was to conduct
a Public Hearing to entertain an annexation proposal by Inland Land
Appreciation Fund II for property located south of McCullom Lake Road,
adjacent to Fawn Ridge Apartments on the east, and Mill Creek Subdivision
on the south. The format for the meeting was to hear a short
presentation from developer's attorney, Sam Diamond, then comments and
questions from the City Council, followed by comments from the general
public.
Attorney Diamond said he would present a summary of several items and
then wanted to focus on what the Council felt were the major issues of
concern for this project.
He explained that the Inland Land Appreciation Fund was not related
to the Inland Management group which is nationally known for apartments.
The Inland for this project is an investment group which has a
professional staff that invests in real estate in the Chicagoland and
McHenry County area. Their home offices are in Oak Brook, Illinois.
They are one of the ninth largest employers in the Chicagoland area, but
they are not associated with the apartment management. He wanted it made
clear that anything developed here would be privately owned.
Inland Land Appreciation acquires land, develops it, and then markets
it. Inland acquired the property in 1991. The way Inland operates is to
first contact local attorneys to get some idea of what the local
communities want. Present tonight was attorney Daniel Bauer, who -is on
Inland's full-time legal staff.
When Inland acquired the property in 1991, they met with Mayor Busse
and Fred Batt to get some idea of what the City wanted. They went back
to the drawing board, and then presented those plans to Mayor Busse and
Gerald Peterson. In the winter of 1991, they appeared before the City
staff for a review and additional comments. After that, they hired Bob
Grossman as the land planner, and presented their concept plan to the
Council in February of 1992.
The Council directed that they proceed to the Zoning Board, which was
done. During the three Zoning hearings, the density was cut back and
other modifications were made. The Zoning Board's vote on the project
was 3 ayes and 4 nays. The matter was then to go before the City
Council.
Diamond said things were slowed down because of the school situation,
and the change in City administration. One of the things he wanted to
accomplish tonight was to have the Council direct Inland to go back to
their people, and have them draft a proposal that would be acceptable to
the Council. They were here to get direction from the Council on what it
wanted on that property.
As a result of the Zoning Board hearings, Diamond knew that one of
the main concerns of the objectors was the stormwater run-off into Mill
Creek subdivision. He felt the only way this drainage problem could be
solved would be to develop the land and make sure that engineering solved
the problem. He felt as long as it remained a farm field, there would be
no chance of improving the drainage problems since the farmer is not
obliged to do anything to the land.
In answer to a question, Diamond said they were looking at a total of
230 dwelling units--66 single family detached and 164 multi-family units.
August 23, 1993 Page 2
Mayor Cuda asked if the developers had a traffic, '.�impact study, a
school impact study, and a hydrological study prepared for tonight's
meeting. Attorney Roth replied that those items were mentioned at a
Zoning Board hearing, but he made no representation that they would be
presented to the City Council until the Council asked for them.
When asked if the City had the sewer capacity to serve the homes
already on the books as well as any new annexations, Director of Public
Works Batt said that the Willow Avenue lift station needs to be expanded _
to handle this proposed annexation. He wanted to go on record as having
made that fact known to the Council.
Alderman Locke pointed out the following: considering the location
of this particular property, and the fact that supposedly a new highway
(FAP 420) was being considered just north of the parcel, he wondered if
Inland would consider eliminating all residential and go with C-4 Zoning
along McCullom Lake Road, 0-1 Zoning in a belt around the particular area
that would provide a buffer toward Mill Creek Subdivision, and then leave
an open area of three lots deep along the rear of the residental lots
along Prestwick. The development would then not affect schools, it would
produce sales tax and some job opportunities. He also felt that in the
annexation agreement, money should be donated to expand the Willow Street
lift station.
Diamond replied that Inland was looking for direction, but with such
a radical change as proposed by Locke, he would suggest that Inland go
back to the drawing board before they proceed with any Plan Commission
hearings. Diamond felt to make it feasible, a mix of more commercial,
lower density single-family, and some townhomes would be necessary.
Questions were also raised on the traffic patterns that would result
from development of this property. Diamond said the position of Inland
was they would do whatever the City wanted. Bates pointed out that on
the draft plan presented, it showed Leonard Street extending into the new _
subdivision, and another alternate plan with Oak Street crossing the
railroad tracks and extending into the subdivision.
Diamond explained that when Inland first came to the City, they just
wanted zoning classifications with no road configuration. The 'reason
they drafted the various road configurations was at the request of the
former Council and staff. Inland does not consider the configuration of
lots and roads as part of its proposal at this time until such time as
the City would require it. They are waiting for the City to give them
direction on roadway locations.
Alderman Bates did not feel the City could approve a concept plan
without knowing where the traffic would enter or exit the property.
Diamond pointed out that at this time, they were not to the planning
stage where those things would be determined on a plan.
Mayor Cuda expressed concern that there were no definite roadway
plans to handle the approximately 300 people that would be generated from
this parcel. Bob Grossman reported that they were following the City's
Comprehensive Plan, which shows a collector street coming out, making a
connection with an east-west street, and then connecting to the south
into the shopping center along Elm Street. He noted that this road
configuration also involves the Cunat property to the west of Inland
which they have no control over. He said the problem Bates was
discussing was on the Cunat property.
Grossman said they had attempted to conform with the existing
platting of the street system in the City, and to provide access for good
police and fire protection. Bates reiterated that he did not feel they
could approve a plan, unless traffic patterns and accesses were shown.
Other areas of concerns were subsurface water problem exploration and
soil boring reports. The petitioners felt this would all be handled when
engineering and construction work took place.
Diamond said that before they could submit engineering studies, they
have to know what the zoning would be. They knew they could lose units
if they had to put in a detention pond.
August 23, 1993 Page 3
In summary, the main concerns of the Aldermen were:
- Stormwater runoff;
- High water table;
- No detailed plan, only a sketchy outline;
- Multi-family density too high;
- Impact on the schools;
- No specific plan for ingress and egress to the property;
- Questionable soil borings, and need for additional soil borings;
- Traffic through residential areas;
- With Route FAP 420 in the future, possibly the property should be
all commercial and office;
- Sanitary sewer expansion would require upgrading lift and pumping
stations;
- There are already 1,600 housing units approved with possibly an
additional 125 units from Hillside Subdivision;
- Safety of children due to increased traffic generated by the
proposed development;
- Availability of sewer service for the area.
Sam Diamond reiterated that Inland was in attendance tonight to get
directions from the Council. If the proposal is not what the Council
watls, it should give them direction as to what would be acceptable.
COMMENTS FROM THE GENERAL PUBLIC
Martin Stoffel of McCullom Lake Road, who lives across the street
from the project, said he was not against the project, but said there
were severe water problems on that property. He was concerned about the
high water table and the drainage run-off. He did not feel residential
should be put on the property.
Judy Gertz, of 1718 Leonard Avenue, expressed the following concerns:
(1) No definite developer or a definite plan;
(2) Leonard Avenue is designated as a minor street, not a collector
street to take traffic from that area;
(3) Safety of the children due to increased traffic from the subdivision;
(4) Master Plan indicates that water and sewer services need to be
expanded to handle that area, and who would pay for it;
(5) Comprehensive Plan says mult-family should be clustered around
non-residential development; Mill Creek Subdivision already has two
of the largest multi-family complexes in the City in . their
residential area--Hillcrest and Fawn Ridge apartments;
She asked the Council to re-evaluate the Comprehensive Plan and vote
"No" on this proposal. She also asked the Council to update the
Comprehensive Plan for this area, and every other area to require more
specific plans.
When asked if the project could be developed as all commercial,
Diamond replied that the project needed some type of townhomes or
four-plex condos as in Waters Edge. His feeling was that because of
marketing conditions, residential was the driving force right now. He
felt a mix of residential and commercial would be more viable and
marketable.
Mayor Cuda called for a recess at 8:40 P.M. The meeting reconvened
at 9:05 P.M. , with everyone still in attendance.
A poll was taken of the Aldermen for the alternate proposal suggested
by Alderman Locke which was: that the property be zoned C-2 Commercial
and 0-1 Office, with a green belt park area of three lots deep north of
Prestwick Drive.
POLL:
Baird was uncertain at this time.
Lawson could support the alternate proposal easier than the original
plan presented. The biggest problem he had was with multi-family density.
Bates would like to look at it further and talk to his
constituents. He was uncertain at this time.
Locke agreed with the alternate proposal.
Bolger wanted to see much less multi-family and more office zoning.
He was concerned about the traffic and did not believe municipal sewer
would be available at this point in time. The drainage was a problem,
but that could be engineered properly. There could even be a problem in
getting a building permit if the surface water is as perilous as he
heard. He thought something could be worked out, but felt there was a
long way go.
August 23, 1993 Page 4
Mayor Cuda felt he could agree with the project if, 1) apartment
buildings were eliminated; 2) office zoning district was increased; 3)
some townhomes could be allowed as in Waters Edge, and; 4) that all water
problems would be solved.
Mayor Cuda mentioned that the normal procedure was to send this
project to the Plan Commission, however attorney Diamond asked that
Inland be allowed to go back to the drawing board to see if they could
come back with another proposal based on the information they received
from the Council tonight.
It was decided to direct Inland to prepare another proposal and let —"
the City know when they were ready to return to the Council. If they get
a positive response at that time, it can then be referred to the Plan
Commission. Mayor Cuda said the Public Hearing could be recessed and
negotiations could still proceed.
Motion by Bates, seconded by Lawson, to recess the Public Hearing to
a date to be determined later.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was recessed at 9:37 P.M.
CITY CLERK MAYOR