HomeMy WebLinkAboutMinutes - 06/19/1995 - City Council SPECIAL MEETING
JUNE 19, 1995
A Special Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Monday, June 19, 1995 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Bolger, Locke,
Bates, Baird. Lawson arrived at 8:30 P.M. Absent: None. City Staff in attendance
were City Clerk Althoff, City Administrator Peterson, City Attorney McArdle, Director
of Building and Zoning Lobaito. Absent: Chief of Police Joyce, Director of Public
Works Batt, Director of Parks and Recreation Merkel. Attending from the Zoning
Board of Appeals: Chairman Harry Semrow, Randy Christensen, Charles Lovett, Emil
Kleeman, Frank McClatchey, John Swierk, Donna Tobeck. Also in attendance: City
Planner Allen Kracower of Allen Kracower & Associates.
Mayor Cuda explained that Council had agreed to a joint meeting with the
Zoning Board of Appeals' members to discuss various zoning issues with regards to
the annexation of properties east of the Fox River along Illinois Route 120, east to
Chapel Hill Road. The order of the annexation process should also be considered.
Mayor Cuda explained that in order to accomplish this annexation, Council considered
the wishes of the property owners and electors, a majority of whom signed petitions
to annex to the City of McHenry with the understanding they would be able to
continue their present uses and that the City would endeavor to provide sanitary
sewer service to their individual properties. Therefore, "grandfathering" current
existing legal uses for each of these properties is a priority consideration. Other issues
to be considered include 1) City of McHenry becoming co-applicants with the property
owners on their zoning petition; and, 2) zoning the entire Route 120 corridor C-3/C-5,
or zoning each property in accordance with the land uses being currently conducted
on the property.
A lengthy debate followed focusing on the pros and cons of whether to first
annex or zone these properties. Advantages to annexing these properties first include
the receipt of additional sales tax revenue which can be used to offset the engineering
and construction costs for sewer service to these properties, and beginning the
engineering and construction for sewer service to these properties, as the process
cannot begin until annexation is complete. The negative aspect to annexing first is
all of the properties will automatically receive the most restrictive residential zoning
classification. The petitions then heard before the Zoning Board of Appeals will
change from a zoning request to a re-zoning request. Director of Building and Zoning
Lobaito noted re-zoning requests have very different connotations at the Zoning Board
level and may place unwanted emphasis on land uses. It was also noted that the
property owners may be reluctant to annex without specific assurance that they will
receive a zoning classification that accommodates their current land uses.
Dave Lawson arrived at 8:30 P.M.
Discussion continued. Although the Zoning Board of Appeals recommended
zoning the properties first, Council stated their intent to annex the properties as soon
as possible, citing the benefit of the additional sales tax dollars and the ability to begin
the sanitary sewer service process immediately. Council also stated its desire to
reassure property owners of their intent to grandfather existing current uses, yet
eliminate to the highest degree possible the creation of legal non-conforming
properties.
City Planner, Allen Kracower also recommended zoning the properties first,
however, to facilitate the Council's desire to annex these properties immediately he
suggested a master zoning plan be created exhibiting the City's zoning intent for each
of the properties involved. An open meeting with the property, business owners and
Council could then be scheduled to review the master zoning plan and explain
Council's stance on annexing these properties immediately. Council directed staff to
proceed with the development of a master zoning plan and be ready to schedule said
meeting with all parties within two weeks.
June 19, 1995 Page 2
Discussion then followed regarding the City's position on becoming a co-
applicant on each of the zoning petitions. It was the recommendation of the Zoning
Board of Appeals the City become a co-applicant on each of the property's zoning
petitions, noting the properties' existing current legal uses. Council concurred.
Mayor Cuda presented for Council review an intergovernmental agreement
between the City and County regarding liquor license fees paid by the business
establishments located within the contemplated annexation area. The agreement
shares the liquor license fees collected by the County for the period May 1, 1995 -
April 30, 1996 with the City, on a pro-rata basis upon the City's annexation of the �^
affected businesses. Some discussion followed.
Motion by Bolger, seconded by Lawson, to authorize the Mayor to sign the
intergovernmental agreement between the City and County regarding liquor license
fees paid by the business establishments located within the contemplated annexation
area on a pro-rata basis for the period May 1 , 1995 - April 30, 1996.
Voting Aye: Bolger, Locke, Lawson, Bates, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bates, seconded by Lawson, to adjourn.
Voting Aye: Bolger, Locke, Lawson, Bates, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:35 P.M.
CIT CLERK MAYOR