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HomeMy WebLinkAboutMinutes - 01/11/1995 - City Council REGULAR MEETING JANUARY 11, 1995 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, January 11 , 1995 at 7:30 P.M. 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 Administrator Peterson, City Clerk Althoff, Director of Building and Zoning Lobaito. Absent: Chief of Police Joyce, Director of Public Works Batt, Director of Parks and Recreation Merkel, City Attorney McArdle. At the beginning of the 1994 calendar year, the Council determined that the second regularly scheduled Council meeting of each month would be utilized as a working meeting to discuss relevant issues concerning development, planning, and other related City matters. TEN MINUTE PUBLIC INPUT SESSION Joe Gottemoller, attorney for John Endean, addressed the Council stating that at the regularly scheduled December 21, 1994 Council meeting approval had been granted for Mr. Endean's tentative and final plat of a two-lot subdivision. Mr. Endean's property is located on the north side of McCullom Lake Road, approximately 2/5 of a mile east of Ringwood Road. Mr. Gottemoller was subsequently informed of an impact fee payment specifically for the parks and Fire District. The property in question is outside the City of McHenry's School and Library Districts. Mr. Gottemoller stated his strong objection to paying the impact fee for parks, and requested placement on the February 1 , 1995 agenda to address this issue further. Council concurred. Wilbert Hecht, property owner of 4305 W. Elm Street, requested Council reconsider their January 4, 1995 action denying his request to be allowed to sell outdoors bedding plants, flowers, shrubs, trees, etc. nine months of the year on his property under a grandfather clause. ANNEXATION AND ZONING - NORTH ROUTE 31 Mayor Cuda reminded Council that public hearings were held on these properties November 30, 1994. At that time Council authorized staff to draft the ordinances necessary for Council's consideration, approving the annexation agreement, annexing and reclassifying the Blake Family Ltd. Partnership, McHenry State Bank Trust #1691, and LaSalle National Bank Trust #10-18539-08 properties. The property owned by McHenry State Bank Trust #4714 required additional consideration of Council's and residents' stated concerns regarding the development of this property. City Administrator Peterson stated that the new annexation agreement for McHenry State Bank Trust #4714 had incorporated these concerns and created two restricted development areas. The first area would be 200 feet north of the Oaks of McHenry subdivision, and the second area would be 100 feet west of the west line of the Oaks of McHenry subdivision Phase II, extending to the south right-of-way line of FAP 420. The development in these areas would be restricted to only allow, but not require, the extension and cul-de-sac construction of the existing Pine Drive or Birch Lane, public municipal utilities, and stormwater control improvements. No other improvements or structures can be permitted in these restricted areas which are intended to remain open and act as buffer zones. Cuda then noted that although the public hearing was closed, some residents had expressed an interest in once again addressing the Council regarding these annexations and zonings this evening. January 11 , 1995 Page 2 Greg Lundberg of 2006 Birch again stated the residents preference for the C-3 rather than the C-5 zoning reclassification. He also requested consideration of restricting commercial development along Route 31 to a maximum depth of that equal to the existing Omni store, and the extension of residential development on the remaining property. Brad Kaplan of Musada, Funai, Effert and Mitchell, Ltd, representing Cigna Corp., also addressed the Council. He stated that his client would prefer a larger —' buffer zone along the properties eastern boundary, and would like to see specific reference to the buffer being "green space". Mel Long of 3308 Chestnut requested clarification of rear yard setbacks and their proximity to the 200-foot buffer zone. City Administrator Peterson explained that development could begin at the 200-foot mark, however this is highly unlikely due to the size of the properties involved. There were no further comments. Mayor Cuda then stated that all written comments and copies of all minutes relating to these properties would be included as part of the official record, and submitted to the Plan Commission when these properties seek preliminary plat approval. Motion by Lawson, seconded by Bates, to approve the Zoning Board of Appeals' recommendation and pass an ordinance reclassifying the 15-acre property owned by the Blake Family Ltd. Partnership, located at 2107 N. Richmond Road from C-3 to C-5 Highway Commercial classification. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Lawson, seconded by Bolger, to pass an ordinance authorizing execution of the Blake Family Ltd. Partnership Annexation Agreement, concerning 42.82 acres located on Richmond Road (III. Route 31 North). Voting Aye: Baird, Lawson, Locke, Bolger, Cuda. Voting Nay: Bates. Absent: None. Motion carried. Motion by Lawson, seconded by Locke, to pass an ordinance annexing the 42.82 acres owned by the Blake Family Ltd. Partnership, located just north and contiguous to the 2107 N. Richmond Road property on the east side of Richmond Road (III. Route 31 North). Voting Aye: Baird, Lawson, Locke, Bolger. Voting Nay: Bates. Absent: None. Motion carried. Motion by Lawson, seconded by Bolger, to approve the Zoning Board of Appeals' recommendation and pass an ordinance classifying the 42.82 acre parcel owned by the Blake Family Ltd. Partnership C-5, Highway Commercial District. Voting Aye: Baird, Lawson, Locke, Bolger. Voting Nay: Bates. Absent: None. Motion carried. January 11, 1995 Page 3 Motion by Baird, seconded by Lawson, to pass an ordinance authorizing the execution of the LaSalle Trust #10-18539-08 Annexation Agreement, concerning the 10 acres located on Richmond Road (III. Route 31 North). Voting Aye: Baird, Lawson, Locke, Bolger, Cuda. Voting Nay: Bates. Absent: None. Motion carried. Motion by Lawson, seconded by Baird, to pass an ordinance annexing the 10 acre parcel owned by LaSalle Trust #10-18539-08, located on the east side of Richmond Road (III. Route 31 North). Voting Aye: Baird, Lawson, Locke, Bolger. Voting Nay: Bates. Absent: None. Motion carried. Motion by Baird, seconded by Lawson, to approve the Zoning Board of Appeals' recommendation and pass an ordinance classifying the LaSalle Trust #10-18539-08 10-acre parcel C-5. Voting Aye: Baird, Lawson, Locke, Bolger. Voting Nay: Bates. Absent: None. Motion carried. Motion by Lawson, seconded by Bolger, to pass an ordinance annexing 11 .86 acres of the proposed Illinois highway known as FAP 420, located west of Richmond Road and immediately northeast of the property owned by Blake Family Ltd. Partnership (P.I. #09-23-300-014). Voting Aye: Baird, Lawson, Bates, Locke, Bolger, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by Lawson, seconded by Baird, to pass an ordinance annexing 15.26 and 3.57 acres of the proposed Illinois highway known as FAP 420 located adjacent to property owned by McHenry State Bank Trust #1691 (P.I. #09-23-300-009 and P.I. #09-23-200-006). Voting Aye: Baird, Lawson, Bates, Locke, Bolger, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by Lawson, seconded by Locke, to pass an ordinance authorizing the execution of the McHenry State Bank Trust #1691 Annexation Agreement, as submitted by Petitioner's Attorney Mark Saladin, concerning the 61 .17 acres located on Richmond Road (III. Route 31 North). Voting Aye: Baird, Lawson, Locke, Bolger, Cuda. Voting Nay: Bates. Absent: None. Motion carried. January 11 , 1995 Page 4 Motion by Lawson, seconded by Locke, to pass an ordinance annexing the 61 .17 acre property owned by McHenry State Bank Trust #1691 , located on both the east and west side of Richmond Road (III. Route 31 North). Voting Aye: Baird, Lawson, Locke, Bolger. Voting Nay: Bates. Absent: None. Motion carried. Motion by Lawson, seconded by Locke, to approve the Zoning Board of Appeals' recommendation and pass an ordinance classifying the 61 .17 acre parcel owned by the McHenry State Bank Trust #1691 to C-5 Highway Commercial District. Voting Aye: Baird, Lawson, Locke, Bolger. Voting Nay: Bates. Absent: None. Motion carried. Motion by Lawson, seconded by Bolger, to pass an ordinance annexing 23.73 acres of the proposed Illinois Highway known as FAP 420 east of Richmond Road bounded by property owned by McHenry State Bank Trust #4714 (P.I. #09-23-400- 016). Voting Aye: Baird, Lawson, Bates, Locke, Bolger, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by Lawson, seconded by Baird, to pass an ordinance authorizing the execution of the McHenry State Bank Trust #4714 Annexation Agreement concerning the 87.26 acres located on Richmond Road (III. Route 31 North). Voting Aye: Baird, Lawson, Locke, Bolger, Cuda. Voting Nay: Bates. Absent: None. Motion carried. Motion by Lawson, seconded by Baird, to pass an ordinance annexing the 97.26 acre property owned by the McHenry State Bank Trust #4714 and located on the east side of Richmond Road (III. Route 31 North) north of the Oaks of McHenry subdivision. Voting Aye: Baird, Lawson, Locke, Bolger. Voting Nay: Bates. Absent: None. Motion carried. Motion by Lawson, seconded by Bolger, to approve the Zoning Board of Appeals' recommendation and pass an ordinance classifying the 87.26 acre parcel owned by McHenry State Bank Trust #4714 to C-5 Highway Commercial District. Voting Aye: Baird, Lawson, Locke, Bolger. Voting Nay: Bates. Absent: None. Motion carried. Mayor Cuda called for a recess at 8:30 P.M. The meeting was reconvened at 8:40 P.M. with everyone still in attendance. January 11 , 1995 Page 5 C-4 ZONING ISSUES Zoning Board of Appeals members Randy Christensen, Chuck Lovett, Frank McClatchey, John Swierk, and Donna Tobeck were in attendance. Mayor Cuda explained that the Zoning Board of Appeals had requested a joint meeting with the City Council to help clarify and discuss issues associated with the expansion of C-4 zoning. The Zoning Board of Appeals stated their concerns and objections to the expansion of the C-4/Downtown District. They felt C-4 had been created only to protect the existing downtown business district. Council stated they felt this might be too restrictive and expansion of C-4 might be reasonable in certain situations. Further discussion ensued. The Zoning Board of Appeals and Council members agreed to continue the discussion with joint meetings, and make no further changes at this time. It was suggested that sub-committees be formed from each entity. The Council designated the Building and Zoning Committee as their sub-committee. The Zoning Board of Appeals will select their sub-committee at a later date and inform Council of its members. NEW BUSINESS Alderman Bolger requested the speed study conducted for the purpose of reducing the speed limit on Green Street/Barreville Road, south of Bull Valley Road to the City's southern border, be placed on the January 18, 1995 Council agenda. EXECUTIVE SESSION Motion by Lawson, seconded by Bolger, to go into Executive Session to discuss the sale of City property and property acquisition at 10:00 P.M. Voting Aye: Bolger, Locke, Baird, Lawson, Bates. Voting Nay: None. Absent: None. Motion carried. Motion by Locke, seconded by Lawson, to go back into Open Session at 10:30 P.M. Voting Aye: Bolger, Locke, Baird, Lawson, Bates. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda noted that the extension of Ridgeview Drive north to Bull Valley Road is proceeding with Inland Partnership submitting engineering plans and a proposed plat dedication. Alderman Locke scheduled a Finance Committee meeting for Friday, January 20, 1995 at 7:00 P.M. ADJOURNMENT 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 10:37 P.M. CITY C RK MAYOR