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HomeMy WebLinkAboutMinutes - 05/10/1989 - City CouncilSPECIAL MEETING WEDNESDAY, MAY 10, 1989 8 P.M. The Special Meeting of the McHenry City Council was called to Council order by Mayor Busse on Wednesday, May 10, 1989 at 8 P.M. at City Hall. Mtg. At roll call the following Aldermen were present: Bolger, Donahue, Attend. Lieder, Smith, McClatchey, Patterson, Serritella. Absent: Teta. City staff in attendance were Attorney Narusis, Clerk Gilpin, Park Director Merkel, Director of Development Greenwood. Representing Mobil at the meeting were Attorney Don Truckenbrod, Petitioners Richard Boncosky and Charles Werth; and Steve Marzahl, Special landscape designer. Mtg. Attorney Truckenbrod gave a project overview of the proposed Annexa- annexation and rezoning which had been before the Plan Commission on June tions 9, 1988 and before the Zoning Board of Appeals on July 25, August 22, and September 19, 1988. The property in question is located on the northeast corner of Crystal Lake and Bull Valley Road and contains approximately six acres. They are requesting annexation and rezoning from County A-1 to C-1 commercial district on the north half of the property and C-5 with a conditional use on the south half of the property to permit the operation of a petroleum service station, a convenience store and a car wash. Two site plans were presented: one with the convenience center attached and another with the convenience center detached. They are proposing five bays for do-it-yourself car washes and one automatic car wash bay. He said petitioners would be willing to extend water and sewer lines to the site through a recapture agreement. Traffic patterns and the location of curb cuts would have to be worked out with the City staff, City Engineers and County Highway people. This would also take into account the widening of Crystal Lake Road and revisions by the County of the Bull Valley/Crystal Lake Road intersection. Petitioner Werth addressed the Council and described the contour and layout of the property in question. He and Bonkosky have been in the car wash business and have experience in this line of work. They especially like this site because of the natural barrier that would be formed by the 25 to 30 foot drop from Crystal Lake Road toward the east. Also the natural treeline that exists along the north end of the property would remain as a landscape barrier. He described the placement of the buildings on the land as being as far away from the residential develppment as could be done. Other matters discussed were placement of the convenience store, interior traffic patterns, curb cuts onto Crystal Lake and Bull Valley Roads, landscaping berms, additional 10 foot right-of-way dedications on Crystal Lake Road, layout of the two parcels for future subdivision, use of low profile identification signs, retention or detention area on the southeast corner of the property, hours of operation of the car wash, type of lighting to be used so as not to be disturb the surrounding areas and the. Instead of a C-5 highway commercial district being created it was suggested to make it a C-1 with permitted uses listed because if someday it is not a gas station, some of those C-5 permitted uses are inappropriate for that corner. The annexation agreement was then discussed on a page by page basis. On page 4, paragraph 8, petitioners indicated they would not open the gas station or the convenience store unless they could be on city water and sewer. A sentence was added to paragraph 8 to indicate that if they did go on well and septic, there was a two year limit for use of well and septic. Page 4, paragraph 9, language will be added to indicate that the developer will install sanitary sewer and water mains conditioned upon their recapture. Paragraph 11 was deleted. On page 5 the percentage of interest per annum was changed from 12 to 10 percent. Page 6, paragraph 15 will state that the annexation agreement is binding for 15 years and the recapture agreement for 10 years. Paragraph 17 on page 6 was deleted as was Paragraph 22 on Page 7. Also in the annexation agreement the City should: require that the same requirement for sidewalks presented to Amoco be put into this agreement and require a 10 foot additional right-of-way for Crystal Lake Road. There was also a request for a liquor license for the convenience store. It was decided not to put this into the annexation agreement but to consider it at the time the convenience store is open and application is made. There will also be a requirement in the annexation agreement for a annexation fee of $10,000. Wednesday, May 10, 1989 page 2 Lengthy discussion took place on the hours of operation for the car wash. It was noted that in the Amoco annexation hearing, Amoco agreed to car wash operation hours of 7 a.m. - 9 p.m. daily and from 8 a.m. - 6 p.m. on Sunday. Amoco also agreed to have the car wash closed when the car wash was in operation with the blower. Mayor Busse called for a recess at 10:05 P.M. The meeting reconvened at 10:23 P.M. with everyone still in attendance. Discussion continued on the hours of operation for the automatic car wash. Bolger stated that maybe the hours for the station could be independent of each other but that Amoco should be made aware that the hours for Mobil are more lenient than what they agreed to and maybe they should have the same right to request a change in their hours of operation. Busse felt that it would be much easier to have the same set of rules for both rather than different rules for each station. Smith asked that if the owner requests a change of hours even though the hours of operation were stipulated in the annexation agreement, could the Council change the hours. Narusis said you could put into the agreement that the hours could be relaxed by Council action without having to go through an amendment of the annexation agreement. The intent is to give the Council some ability at a future date to change the hours of operation based on input from the public. Regarding the curb cut and other site plan changes, it was decided to have City Staff and engineers meet with the petitioners to come up with a revised site plan and come back to the Council for a site plan approval and be made a part of the annexation agreement. Attorney Narusis and Attorney Truckenbrod were instructed to work on the language for the annexation agreement and make changes as discussed at this meeting to be presented before the Council for final approval at another meeting in June. In comparing the two annexation proposals, Busse pointed out that there were three separate areas with the Mobil annexation that were not present with the Amoco annexation. 1) a strip commercial space in addition to the gas station and car wash; 2) a gas station with the request for a liquor license in the commercial area; and 3) non -automatic type hand spray car washes in addition to an automatic car wash station. Bolger felt some indication should be given to Amoco and Mobil as to whether their annexation agreements would be accepted since they have already expended a large amount of money to present these project and more would have to be spent to meet the Council's request for standards. Smith felt that each Alderman should give an opinion as to whether he is for or against both annexations. Lieder said he wanted to go out and look at the site again based on the presentation made by the petitioners tonight. He would not be comfortable taking a vote at this time. Bolger suggested that the Council vote in principle on both proposals subject to the final drafting of the annexation agreements. Serritella felt that we should indicate to the petitioners that at this point we are satisfied with what they have proposed so far with changes suggested by the Aldermen incorporated into the agreements and she would like a straw poll taken at this time. Busse felt that it was ill-advised to take a vote at this time because the city would lose what negotiating or bargaining power the Council had. Mayor Busse called for a recess at 10:58 P.M. The meeting reconvened at 11:00 P.M. with all of the Aldermen still in attendance except Alderman Patterson who left the meeting. The Public Hearing on the Mobil Annexation was recessed to another date to be determined later. Busse reported that an Annexation Meeting for Frittch had been set for May 22, 1989 at 7:30 P.M. He wanted to meet with the Council prior to that date to get some feedback and work up a strategy plan to finalize the Fritsch agreement. It was decided to try and have a strategy meeting after the May 17, 1989 Regular Council meeting. Busse also reported that he met with the owner of the property on the northeast corner of Bull Valley and Route 31 who wants to construct a gas station and mini -mart with packaged liquor on that corner. Wednesday, May 10, 1989 page 3 He wants to petition the County again for a zoning change and wondered if the City would again oppose his zoning request before the County Zoning Board. Many Aldermen felt that the issue of mixing liquor miexetions and alcohol by selling it at gas stations was not an acceptable thing and the City had thus far denied any such request and would continue to do SO. Motion by Smith, seconded by McClatchey, to adjourn. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Teta. Motion carried. Meeting adjourned at 11:16 P.M. •y � t-G-C G C CITY CLERK —�� MAYOR 1.