HomeMy WebLinkAboutMinutes - 05/08/1995 - City Council MAY 8, 1995
SPECIAL MEETING
A Special Meeting of the McHenry City Council was called to order by Mayor Cuda
at 7:30 P.M. on Monday, May 8, 1995 in the Council Chambers of the Municipal Center.
At roll call the following Aldermen were present: Bolger, Locke, Bates, Lawson, Baird.
Absent: None. City Staff in attendance were: City Clerk Althoff, City Administrator
Peterson, City Attorney McArdle, Director of Building and Zoning Lobaito, Director of
Public Works Batt, Director of Parks and Recreation Merkel, Chief of Police Joyce.
Absent: None.
Mayor Cuda announced that the purpose of this evening's meeting was to conduct
a public hearing on the proposed annexation and zoning of the Inland Capital Fund, L.P.
property, a 201-acre parcel located south of Bull Valley Road and east of Crystal Lake
Road and any other business that may properly come before the Council. The Mayor
introduced Tom Zanck, attorney for Inland Capital Fund, L.P.; Matt Fiascone and James
Pokin of Inland Development; Michael Mueller, Engineer from Cemcon, Ltd.; and Greg
Gabel, Land Planner. Also in attendance was Cheryl Barone, Court Reporter.
Attorney Zanck stated that Inland Capital Fund, L.P. and the American National Bank
& Trust Company of Chicago, Trust No. 117509-08, were seeking Council approval for
annexation and Business Park zoning of their 201-acre parcel. Their proposal received
a 5-0 vote to recommend approval from the Zoning Board of Appeals on March 20, 1995,
a 5-2 vote to recommend approval from the Plan Commission on the portion of the
preliminary plat lying east of the Chicago and Northwestern railroad tracks, and a 4-3 vote
to recommend approval from the Plan Commission on the portion of the preliminary plat
lying west of the railroad tracks, subject to certain conditions which have subsequently
been addressed. Zanck informed Council that Inland Development had concluded
extensive negotiations with both the Irish Prairie Homeowners' Association and the
Church of Holy Apostles. He submitted letters from both entities stating their withdrawal
of any and all objections to the proposed annexation and Business Park zoning of this
parcel. Attorney Zanck then relinquished the floor to land planner Greg Gabel.
Mr. Gabel reviewed the site plan referencing topography and addressing drainage
issues. He also noted that although the site plan denotes 100 feet X 300 feet lot sizes,
McHenry Zoning Ordinance requires a minimum frontage of 200 feet, thus a minimum
purchase of two lots would be required. The County Highway Department has also
approved the two access points onto Crystal Lake Road. In response to Alderman
Bolger's query, Mr. Gabel informed Council that the extension of Ridgeview Road from
McHenry Corporate Center through Inland's property will maintain the same City
standards, specifications and 34-foot width.
Mike Mueller, Cemcon, Ltd. engineer, addressed the stormwater drainage issue. He
stated that the existing drain tile will not be used to handle drainage as will be depicted
in the final plans and specifications. Further discussion regarding drainage occurred.
Greg Gabel then referenced an aerial photograph depicting the location of the proposed
West McHenry Bypass on this property. Mr. Gabel stated Inland's support of the bypass
and distributed copies of Inland's alternative concept plan if the bypass comes to fruition.
Attorney Zanck stated that the annexation agreement allows for a three-year window
to finalize the West McHenry Bypass proposal. Mr. Gabel then presented a landscape
sketch of the proposed park entrance off of Crystal Lake Road. Some discussion followed
regarding a future signalized crossing on Bull Valley Road. City Administrator Peterson
suggested the consideration at a later developmental stage of opticom lights to assist fire
vehicle access.
Daniel Curran, attorney for Church of Holy Apostles, then addressed Council. He
thanked Inland for their cooperation, expediency and negotiating in good faith, however,
there remains several issues of concern only the Council could address. He presented the
following requests:
(1 ) To include Church use in Title I, Section II Zoning.
(2) Allowing Lots 187-198 be conveyed to the Church and/or Archdiocese without
requiring the lots be platted.
May 8, 1995 Page 2
(3) Allowing the improvement as per City standards of that portion of Sentry
Street to provide the Church access to Crystal Lake Road in the event the
Church's development of these lots precedes Inland's development of this
area.
(4) Allowing the improvement of Lot 159 for detention purposes without
subdivision requirements.
(5) Granting the Church a variance to construct two additional buildings on this
one-lot property.
(6) Eliminating the restrictions on Lots 187-198 referenced in Title IV of the
annexation agreement at the time of purchase by the Church and/or
Archdiocese of these lots.
(7) Excusing the Church from the obligations of the annexation agreement
referred to in the last paragraph of Title III, Section XI on page 19.
Some discussion followed regarding the Church of Holy Apostles' purchasing time
frame. Attorney Curran stated that if the seven concerns, as presented, were
addressed by the City, the purchasing time frame was not as critical.
Alderman Locke suggested Lots 187-198, located in Phase V of the development,
be eliminated from the agreement altogether.
Mayor Cuda opened the floor to an Irish Prairie Homeowners' Association
resident. In response to her question regarding access from Irish Prairie to Bull Valley
Road, Inland representatives indicated that they were working closely with the City to
address this issue. Lot #54 will be donated to the City. Discussions between the
City, Inland, and the Irish Prairie Homeowners' Association have suggested the
possibility of a gated exit through this lot. --�
Mayor Cuda called for a recess at 8:30 P.M. The meeting was reconvened at
8:40 P.M. with the same agenda, and everyone still in attendance.
As Mike Mueller, Cemcon, Ltd. engineer had another commitment, Attorney Zanck
asked Council to address their engineering concerns at this time. Discussion followed
noting Inland's plan to extend the water main south along Crystal Lake Road, and loop
into the main at two locations: one on the east side of the Chicago and Northwestern
railroad tracks, and a second on the west side of the Chicago and Northwestern
railroad tracks.
In response to Alderman Baird's question regarding a planned water tower or well
site, City Administrator Peterson explained the City had reserved the possibility to
have Lot 54 designated as a water production site. A shallow or deep well would
most likely be planned, as this property is not the best suited location for an elevated
tower.
As there were no further engineering questions, Mayor Cuda suggested the
annexation agreement be reviewed page by page. At this time, Attorney Zanck noted
that all the requests and/or exceptions requested by Church of Holy Apostles were
acceptable to Inland. The annexation agreement was then reviewed with the
following notations:
Page 4 - in Title I, Section II. Zoning: the Church zoning use language requested
by Attorney Curran for the Church of Holy Apostles would be added.
Page 5 - Section III. Preliminary Plat: removal of the front yard setback
sentenceStreet lighting will be located every 250 feet, provided no unlit areas of
the roadway exist. Requirement of a two-lot minimum sale in order to comply
with the City's Subdivision Control Ordinance, stating the 200-foot minimum
frontage requirement. Construction compliance with Ridgeview Drive's current
specifications for both the continuance of Ridgeview Drive through this property
to Bull Valley Road, and for the second main collector roadway, Inland Parkway.
May 8, 1995 Page 3
Addition of Sentry Street in sentence 3, referencing secondary roads. Property
entrance roads will have an 8-foot right-of-way along the first 400 feet with a
center island with one median cut at 250 feet.
Page 6 - Section IV. Paragraph #2: the phrase "on-site" shall be removed, as well
as any reference to roadway improvements. On Page 6, Paragraph 2. (b), the last
sentence on page 6 and first sentence on page 7 shall state, "The pro rata sum
calculated shall be approved by the City Council.
Page 9 - Section IV., #4.: the last sentence on page 9 through page 10 to Section
V. shall be completely eliminated. In section IV., #4., Paragraph 3 referencing the
new road, addition of language addressing the dedication or deeding process of
the proposed Ridgeview Drive extension through this property.
Page 10 - Section V.: changing from 4 to 5 the number of final plats of
subdivision or phases. Retaining City approval of site and landscape plans at
final plat for all lots paralleling Crystal Lake Road. Postponing final plat approval on
Lots 103-141 until the roadway issue is resolved, as this particular roadway
(Inland Parkway) exceeds subdivision control ordinance reco mmendations.
Requirement that, with the first final plat of the development, both east and west of
the railroad tracks, the entire stormwater detention property be installed.
Addition of language similar to that seen in the McCullom Lake Road annexation
agreement with Inland regarding detention areas and public improvements being
fully constructed and preliminarily approved of by the City, as well as City
requirements to correct any problems created by the development of these
improvements.
Page 10 - Section VI. On-Site Improvements: addition of language requiring all on-
site improvements be completed before the issuance of occupancy permits.
Page 11 - Section VII. Schedule of Development: second sentence shall read "The
first schedule shall be submitted within 30 days after approval of final plat and
shall include work to be completed in the calendar years 1995 and 1996.
Page 11 - Section VII. Tax Abatement: elimination of this entire section, as three
of the five Aldermen did not support tax abatements.
Page 12 - Title ll, Section IX. Donations, Contributions, and Fees: additional
language requiring the payment of impact fees in the event this property is ever
rezoned Residential. The requirement of impact fees for the Fire Protection District
of $212 per building, paid at the time of permit. In #4: changing the phrase "for
other municipal purposes" to state "for any municipal use". Language dedicating
Lot 54 during Phase I of development. Resolution of the Irish Prairie Homeowners'
Association gaining access to Ridgeview Drive through Lot 54. Council directed
staff to contact the Homeowners' Association and Cunat Brothers, suggesting a
four-party agreement to share in the expenses of a roadway. The four parties
would be Inland, Cunat Brothers, the Irish Prairie Homeowners' Association and
the City of McHenry.
Page 13 - Section IX, C: additional wording addressing access to Bull Valley Road
through this property for adjoining property owner Gordon Stade. Additional,
mutually agreed upon, wording allowing roadway access by the property owner to
the south for the property on the west side of the railroad tracks. The requirement
of no direct access to Crystal Lake Road or Bull Valley Road from any of the 198
proposed lots. Addition of agreed upon language between McHenry County and
Inland, addressing the County's requirements for the improvements of Crystal
Lake Road and Bull Valley Road.
Some discussion followed at this time regarding signalization of the Ridgeview and
Bull Valley Road intersection, as well as the Inland Parkway and Crystal Lake Road
intersection. City Administrator Peterson informed Council that the agreement
between Inland and the County states particularly that Inland shall not be required to
participate in any improvements on Bull Valley Road.
May 8, 1995 Page 4
Page 14 - E. Easements: Additional language stating Inland's agreement to
provide a 20-foot wide temporary construction easement along the western side of
the Chicago and Northwestern railroad tracks for the construction of a bike
path, as well as a 10-foot wide permanent easement for the bike path. Additional
language stating that Inland shall install all utility lines on their property along
Crystal Lake Road underground.
Page 15 - F. Public Improvement Guarantees: Additional language regarding
restitution in Inland's north or McCullom Lake Road annexation agreement, found
on page 18, Letter H.
Page 15 - Letter G. Environmental Matters, Paragraph 2: Additional wording
stating that if the Phase I environmental test discovers problems with Lot 54, an
alternative site selected by the parties will be dedicated to the City.
Page 16 - Letter H. Wetland Protection: The words "if required" will be added to
the end of the sentence.
Page 16 - Letter I. Advertising Signs: Additional language following the text of
Chapter 9, Table 18 in the zoning code limiting all advertising signs to monument
signs of like building material and excluding wall signs.
Page 16 - Title III, Section X., Letter A. More Restrictive Requirements: Additional
language noting the existence of Business Park covenants, which shall be
approved at final plat and cannot be changed without City Council approval.
Page 17 - Letter B. Less Restrictive Requirements: Additional language to be
located in parentheses at the end of this section stating "excepting those
developments in the City having annexation agreements, past, present, or future,
providing otherwise."
Page 18 - Letter E.: Some wording changes as per the Knox Busch agreement
referencing the allowance of agreement amendments without requiring all the
business park owners signatures if these property owners are not directly affected
by the amendment to this agreement.
Page 18 - Section XI. Obligations: Additional language addressing the Church's
obligations if and when they purchase a portion of Inland's property.
Page 20 - Title IV, Section XII Maximum Building Height, Paragraph B: Requiring
all buildings to be masonry, precast concrete drivet or other non-metal building
materials. Eliminating the specific designation of Lots 51 , 52, 53, 55, 192, 193,
196, 197, and 198.
Page 21 - Paragraph C., line 8: The sentence shall read, "A landscape plan will be
submitted and approved by City staff at the time of final plat in conformance with
the City of McHenry Zoning Ordinance.
Page 21 - Paragraph E.: Upon purchase of a portion of Inland's property by the
Church of Holy Apostles, deleting the designated representative from the
architectural review committee.
Page 22 - Letter I: Additional language as supplied by Director of Building and
Zoning Lobaito.
Page 23 - Section XIV. Binding Effect and Term: Changing the term from 20 years
to 15 years.
Page 23 - Section XVI. Notices and Remedies, Paragraph A., sentence 1 : The
elimination of the phrase, "in any court of competent jurisdiction.
Page 25 - Section XVII. Amendment: The elimination of this entire section.
Council directed Attorney McArdle to work with Inland representatives and
Attorney Curran to address the Church's concerns in this annexation agreement.
May 8, 1995 Page 5
Attorney McArdle stated that the revised draft will be presented to the Aldermen
for review at either the May 31, 1995 or June 7, 1995 Council meeting. He noted
that Inland's additions will be underlined and all the deletions will be crossed-out.
Motion by Lawson, seconded by Bates, to close the public hearing on the
annexation and zoning of the Inland Capital Fund 201 acre parcel at 1 1 :00 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
NEW BUSINESS
Alderman Baird stated that the Riverwood Elementary School Fifth Grade class
would be holding a mock council meeting in the Council Chambers of the Municipal
Building on the morning of Thursday, May 11, 1995. He requested Council pass the
presented resolution commending the class for their civic interest.
Motion by Baird, seconded by Lawson, to pass a resolution commending the Fifth
Grade Riverwood Elementary School class for their civic interest and participation in
local government project.
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 11 :10 P.M.
CITY ERK MAYOR
C"Y