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HomeMy WebLinkAboutMinutes - 01/09/1991 - City CouncilSPECIAL MEETING WEDNESDAY, JANUARY 9, 1991 8 P.M. A Special Meeting of the McHenry City Council was called to order by Mayor Busse on Wednesday, January 9, 1991 at 8:00 P.M. in City Hall. At roll call the following Aldermen were present: Bolger, Donahue, Lieder, Teta, McClatchey, Smith, Patterson, Serritella. Absent: None. City staff in attendance were: Clerk Gilpin, Administrator Peterson, Attorney Narusis, Building & Zoning Officer Halik. Also in attendance were: Petitioner Robert Tonyan, his Attorney, Janes Militello and his Engineer, Jim Condon of Smith Engineering. Mayor Busse announced that the purpose of this meeting was to consider the annexation of 20 acres of land owned by McHenry State Bank, under a Trust Agreement dated March 15, 1977 and known as Trust No. 1181. This evening the Council will discuss the provisions of the proposed Annexation Agreement with the Petitioner. Since this was a Public Hearing, Mayor Busse asked if anyone in the audience wished to make any comment on the annexation. There was no response from anyone in the audience. City Administrator Peterson reported that the property in question contains approximately 20 acres and is located on the east side of Illinois Route 31, one -eighth mile north of the intersection of Dayton Street and Route 31. The Zoning Board of Appeals held a Public Hearing on the proposed zoning for the property and voted 7-0 to approve the requested "I-l" zoning, including the permitted uses as granted to the McHenry Corporate Center. The Plan Commission held a Public Hearing on the proposed industrial subdivision and discussed the Preliminary Plat which contained 13 lots with one internal street called Kimball Street that terminated in a cul-de-sac. Attorney Militello gave the Petitioner's overview of the proposed annexation. He said that the owner wished to annex into the City of McHenry and enter into an Annexation Agreement conditioned upon three things: 1. That the parcel be zoned "I-l" Industrial use. Their request before the Zoning Board for permission to have similar uses as those permitted in the McHenry Corporate Center would be dropped and they would prefer to annex with a straight "I-l" Industrial zoning. 2. That the Plat of Subdivision known as "South Route 31 Subdivision" be approved as presented. This Plat contained a road called Kimball Street going through the subdivision from Route 31 east to the property line and ending in a cul-de-sac. 3. That lots of one acre or larger be permitted. Militello said the Plan Commission approved basically the request of the Petitioner but asked that the following three additional items be added to their request, which Petitioner disagreed with: 1. The Plan Commission suggested there be a roadway that would run to the south and connect with and continue through the Althoff property adjacent to this property. Since the Althoff annexation has now been completed and the subdivision ?rrrmved,, it would seem to be inappropriate to call for a roadway to the south. 2. The Plan Commission suggested that Kimball Street be considered a collector street rather than a minor street. Petitioner did not believe that a collector street was necessary to the area because it would be too large and too cumbersome "or the uses in that area. 3. The Plan Commission suggested that a sidewalk be installed along Route 31. Since the McHenry Corporate Center across the highway does not have any sidewalks, and Tonyan Industrial Park and Althoff's property to the south do not have any sidewalks, Petitioner would ask that this parcel not be required to install sidewalks either. The other item that Petitioner was requesting was a waiver of any annexation fees. by page: Following discussion, the Annexation Agreement was reviewed page - On page 5, paragraph 7, the paragraph with the heading "Zoning Ordinance" was deleted and the parcel was given a straight "I-1" Industrial District zoning. - On page 6, paragraph 7c., discussion was held on obtaining a 60 foot easement to the north of the proposed roadway for possible continuation of a roadway to the north to connect adjoining parcels when they annex. e Motion by Bolger, seconded by Lieder, to accept the roadway as shown on the Preliminary Plat as presented without any northerly extension. Voting Aye: Bolger, Donahue, Smith, McClatchey Voting Nay: Teta, Lieder, Patterson, Serritella Absent: None There being a tie vote, Mayor Busse cast a "nay" vote and declared the motion did not carry. Motion by Teta, seconded by Serritella, to request that a dedicated right-of-way be shown on the Preliminary Plat at a location designated by the Petitioner's Engineer which would be a 60 foot right-of-way going to the north property line. Voting Aye: Teta, Lieder, Patterson, Serritella Voting Nay: Bolger, Donahue, Smith, McClatchey Absent: None There being a tie vote, Mayor Busse cast an 'dye" vote and declared the motion carried. Motion by Smith, seconded by Patterson, that the Petitioner should not be required to install a sidewalk along Route 31. Voting Aye: Patterson, Serritella, McClatchey, Smith, Donahue, Bolger Voting Nay: Lieder, Teta Absent: None Motion carried. - On page 7, paragraph 10, a portion of the language was deleted which concerned septic and well construction. The parcel will be on City water and sewer. - On page 8, paragraph 11, language will be added to state that there will be an administrative fee of 2% for the City to administer the recapture agreement on that parcel. - On page 9, paragraph 13 was deleted in its entirety. - On page 10, paragraph 16, the words "and Subdivision Control Ordinance" were deleted from the first sentence. Motion by Smith, seconded by Bolger, to not charge the Petitioner any annexation fees upon annexation of this parcel. Voting Aye: Serritella, Patterson, Smith, Donahue, Bolger Voting Nary: McClatchey, Lieder, Teta Absent: None Motion carried. Discussion was held on including the McHenry Township Fire Protection District in the Developer Donation Fee collection, however, no action was taken. Mayor Busse called for a recess at 10:07 p.m. The meeting reconvened at 10:17 p.m. with everyone 1n attendance except Alderman McClatchey who left the meeting at 10:10 p.m. Discussion continued on what type of buffering or screening was required between residential and industrial property. Motion by Serritella, seconded by Teta, that a 50 foot minimum side -yard or rear -yard set -back be required when it abuts residential property. Voting Aye: Bolger, Donahue, lieder, Teta, Smith, Patterson, Serritella. Voting Nagy: None. Absent: McClatchey. Motion carried. Motion by Patterson, seconded by Teta, that when the lots in Tonyan Industrial property are sold and building permits are issued, at - that time a landscape plan must be submitted to the City Council for ; approval for those lots abutting residential districts. Voting Aye: Bolger, Donahue, Voting Nay: Serritella Absent: McClatchey Motion carried. Lieder, Teta, Smith, Patterson, Attorney Militello reported that the Petitioner had received a letter from the Illinois Department of Transportation stating that "geometrics at the intersection at Illinois 31 and Kimball Street should include widening of Illinois Route 31 to provide separate right -turn and left -turn lanes." Therefore, deceleration lanes as requested by the City would be installed. Motion by Bolger, seconded by Donahue, to approve the Annexation Agreement subject to the language changes made at this meeting. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson, Serritella Voting Nay: None Absent: McClatchey Motion carried. Mayor Busse called for a recess at 10:43 p.m. The meeting reconvened at 10:45 p.m. with everyone still in attendance. Edwin Becker, Senior Vice -President of McHenry State Bank, informed the Council that the Bank was constructing an addition to their main building at the corner of Green and Elm and now had a problem since they had no place to store the snow after plowing operations. He requested that the State Bank be allowed to dump their snow adjacent to the creek in the Green Street Parking Lot or at any other location that the City would designate. Motion by Lieder, seconded by Teta, to authorize the City Administrator and Public Works' Director to find an area for the Bank to dump their snow for this winter season. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson, Serritella Voting Nay: None Absent: McClatchey Motion carried. Motion by Smith, seconded by Patterson, to adjourn. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson, Serritella Voting Nay: None Absent: McClatchey Motion carried. 1J �2/ ,• /' K