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HomeMy WebLinkAboutMinutes - 10/21/1998 - City Council REGULAR MEETING OCTOBER 21, 1998 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, October 21 , 1998 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Murgatroyd, Baird. Absent: None. City Staff in attendance were: City Administrator Lobaito, Deputy Clerk Kunzer, City Attorney McArdle, Chief of Police Joyce, Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of Community Development Napolitano. Absent: City Clerk Althoff. TEN MINUTE PUBLIC INPUT SESSION '! Lori Wilhelm, a Member of the City of McHenry Landmark Commission, addressed Council regarding the re-roofing project of the recently plaqued Petersen Barn. She stated in keeping with the City of McHenry Historic Preservation Ordinance, a Certificate of Appropriateness should be obtained prior to the performance of any repairs to this structure. She opined asphalt shingles are not in keeping with the historical characteristics of the barn. Mayor Cuda responded City Administrator Lobaito intends to address this issue in his Staff Report. Alderman Baird expressed his gratitude to the members of the Commission for their conscientiousness in adhering to the newly adopted Historic Preservation Ordinance. CONSENT AGENDA Motion by McClatchey, seconded by Bolger, to approve the Consent Agenda as follows: ■ Career Development Payments - $4,750.00; ■ Request for Payment #1 1 - South Wastewater Treatment Plant - $36,673.00; ■ Approve expenditure of funds - Semi-Annual Interest Payment on City Bonds - $207,612.00; ■ City Council Meeting Minutes October 7, 1998 Regular City Council Meeting; ■ Monthly Budget Report; ■ Monthly Treasurer's Report; ■ List of Bills for Approval. GENERAL FUND: CHECK# VENDOR NAME AMOUNT 91189 BJORKMAN'S ACE HARDWARE $ 404.46 91190 ADAMS STEEL SERVICE INC $ 118.68 91191 R A ADAMS ENTERPRISES INC $ 3541.00 91192 AMERICAN NATIONAL BANK & $ 86875.00 91193 AMERICAN RED CROSS $ 76.32 91194 AMERITECH $ 4498.81 91195 ARCH $ 150.87 91196 ARROW UNIFORM RENTAL INC $ 176.24 91197 AUTO TECH CENTERS INC $ 52.80 91198 BADGER UNIFORMS $ 2070.50 91199 BLOOMIN' BALLOONS $ 240.00 91200 BONCOSKY OIL COMPANY $ 7418.02 91201 BOTTS WELDING & TRK SERV $ 101.12 91202 BRANIFF COMM INC $ 258.25 91203 BILL BROGAN $ 225.00 91204 BURGESS ANDERSON & TATE $ 1015.40 91205 BURNS INDUSTRIAL SUPPLY $ 188.18 91206 BUSS FORD SALES $ 244.62 91207 BUZZ PEST CONTROL INC $ 65.00 91208 CELLULAR ONE - CHICAGO $ 236.56 91209 CHAPEL HILL FLORIST INC $ 30.00 91210 SUSAN CHRISTENSEN $ 687.50 91211 BOB COMBS $ 139.75 91212 COMED $ 1254.21 91213 COMED $ 1605.65 91214 COMMUNICATIONS REVOLVING $ 425.00 91215 CONTRACTING & MATERIAL CO $ 579.10 91216 CORPORATION FOR OPEN LAND $ 2794.52 91217 CURRAN CONTRACTING CO $ 1137.44 91218 CUSTOM LANDSCAPING $ 14867.50 91219 CUSTOM SPORTS $ 87.00 91220 DATATEC INC $ 1620.00 91221 DIRECT DESIGN LTD $ 208.55 91222 D & J AUTOMOTIVE SUPPLY $ 368.67 91223 RAYMOND J DONAHUE $ 225.00 91224 DON'S TOWING $ 48.00 91225 EAPAMERICA $ 2164.50 91226 ED'S RENTAL & SALES INC $ 720.00 91227 EMPLOYEE DATA FORMS INC $ 35.25 91228 GEORGE T ERKENSWICK $ 225.00 91229 FIRST MIDWEST BANK $ 1397.26 91230 FISCHER BROS CONST CO INC $ 697.50 91231 GORDON FLESCH COMPANY INC $ 173.25 91232 FOTO FAST $ 30.51 91233 FOXCROFT MEADOWS INC $ 273.00 91234 GEORGE P FREUND INC $ 1466.95 91235 FREUND INTERNATIONAL $ 212.88 91236 WILLIAM J GITZKE D/B/A $ 1439.85 91237 GRAND SLAM USA $ 1050.00 91238 GREAT LAKES APPAREL INC $ 88.50 91239 HALOGEN SUPPLY COMPANY $ 453.33 October 21, 1998 Page 2 91240 DON HANSEN'S ALIGNMENT $ 125.00 91241 HARBOR FREIGHT TOOLS $ 31.86 91242 HARM'S FARM $ 23.30 91243 HOBBYTOWN $ 180.00 91244 ROBERT HOLMSTROM $ 25.15 91245 HOWIE'S HOIST COMPANY INC $ 275.00 91246 ICMA $ 576.00 91247 IDEAL UNIFORM SERVICE $ 28.80 91248 INNOVATIVE PACKAGING INC $ 65.60 91249 THOMAS M JENKINS $ 225.00 91250 PATRICK J JOYCE $ 225.00 91251 KETCHUM KAR & KARRIERS $ 51.00 91252 KLITZ CUTTING TOOLS INC $ 27.25 91253 ANNE KRANZ $ 18.12 91254 ANTHONY LOVE $ 120.00 91255 PATTIE LUNKENHEIMER $ 31.21 91256 PETE MERKEL $ 180.75 91257 MEYER MATERIAL COMPANY $ 19.26 91258 MINUTEMAN PRESS OF MCH $ 904.89 91259 CHARLES A MIONSKE INC $ 676.00 91260 MCANDREW & CUNABAUGH $ 6800.00 91261 THOMAS MCCARTHY $ 1372.00 91262 MCHENRY PUBLIC LIBRARY $ 1237.30 91263 MCHENRY COMMUNITY SCHOOL $ 2466.00 91264 MCHENRY COMMUNITY HIGH $ 2098.50 91265 MCHENRYCOM COMPANY INC $ 79.80 91266 KRISTINE PAPROCKI $ 30.50 91267 KENNETH J PRAZAK $ 225.00 91268 KATHLEEN QUICK $ 25.05 91269 RAYMARK OFFICE PRODUCTS $ 1425.47 91270 H W ROWE $ 1137.00 91271 SCHLEEDE HAMPTON ASSN INC $ 165.00 91272 ERIC M SEXTON $ 223.20 91273 AL CAJTHAML D/B/A $ 55.00 91274 HENRY A ST CLAIR $ 120.00 91275 THOMPSON ELEVATOR $ 33.00 91276 WILLIAM TONYAN & SONS INC $ 30.00 91277 TRANSMATIC TRANSMISSION $ 1200.00 91278 U S IDENTIFICATION MANUAL $ 72.50 91279 GARY R WIGMAN $ 225.00 91280 TIM WIRFS $ 382.15 91281 ROLAND WOOD $ 225.00 91282 HEISLER, DEBBIE $ 148.27 91283 NELSON, NANCY $ 32.00 Report Totals 168079.43 WATER SEWER FUND: CHECK# VENDOR NAME AMOUNT 14670 BJORKMAN'S ACE HARDWARE $ 245.64 14671 AMERICAN NATIONAL BANK & $ 120737.50 14672 AMERITECH $ 402.86 14673 ARCH $ 83.82 14674 ARROW UNIFORM RENTAL INC $ 259.40 14675 BONCOSKY OIL COMPANY $ 1594.44 14676 BOTTS WELDING & TRK SERV $ 7.75 �► 14677 CHEMICAL PUMP SALES AND $ 37.02 14678 COMED $ 55.20 14679 D'ANGELO NATURAL SPRING $ 45.50 14680 ROB DICKMAN $ 79.87 14681 ED'S RENTAL & SALES INC $ 34.00 14682 FREUND INTERNATIONAL $ 30.30 14683 G C ENTERPRISES INC $ 357.00 14684 GENE HESTER $ 31.94 14685 MEYER MATERIAL COMPANY $ 467.98 14686 MINUTEMAN PRESS OF MCH $ 47.96 Report Totals 124518.18 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. MINOR VARIANCE FOR IN-GROUND POOL - 5919 MARTIN ROAD Mr. and Mrs. Larry Drake, property owners at 5919 Martin Road, were present. Mr. Drake addressed Council stating his request for a variance to allow an in-ground pool in his sideyard. He noted the Zoning Board of Appeals reviewed the request on October 12, 1998 and gave a unanimous recommendation for approval. Alderman Baird opined this is a reasonable request in light of the large lot size. Motion by Baird, seconded by Glab, to accept the unanimous recommendation of the Zoning Board of Appeals, and to authorize the Mayor's execution of an ordinance granting a variance to allow a pool in the sideyard for the property located at 5919 Martin Road. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent; None. Motion carried. Mr. Drake expressed his gratitude to City Clerk Althoff and City Planner Maggio for their assistance in this matter. October 21 , 1998 Page 3 Alderman Baird suggested the Community Development Department review the pool setback requirements in the City of McHenry Zoning Ordinance, particularly as they pertain to larger lots in the RS-1 and E Residential Districts. APPROVAL OF PRELIMINARY AND FINAL PLATS FOR KNOX FARM SUBDIVISION Petitioners Mr. Robert Wegener, Mr. John Smith and Mr. Scott Smith were in attendance. Mr. Wegener addressed Council noting the Knox Farm Subdivision is a small residential subdivision comprised of 13 lots on 11 acres. The Preliminary and Final Plat received unanimous recommendation from the Plan Commission at its regularly scheduled October 1, 1998 meeting. A 726' cul-de-sac is proposed which requires a variance from the Subdivision Control Ordinance which permits a maximum cul-de-sac length of 400'. Mr. Wegener noted the McHenry Township Fire Protection District has approved the Plat. With regard to storm water management, the developers are working with the Illinois Nature Preserve Association to preserve the integrity of the perched fen in Wheeler Park. A 50' buffer separated from the buildable portion of the lots by a split rail fence will be maintained to protect the perched fen as required by the Illinois Nature Preserve Association. Mr. Wegener stated the water for this subdivision would tie in to the Green Street loop. In response to an inquiry from Alderman Glab, Mr. Wegener stated there are no plans to connect the subdivision via pathway to Wheeler Park. Some discussion followed. It was the consensus of Council it would be preferable to have the Knox Farm Subdivision residents use Knox Park for recreational purposes as opposed to Wheeler Park. Alderman Glab inquired if there would be a Homeowner's Association. Mr. Wegener responded there would be subdivision covenants and a Homeowner's Association which would be responsible for the maintenance of the detention area on Lot 7. City Administrator Lobaito suggested language be included in the covenants - and on the plat providing for the maintenance of the detention pond and filtration system by the Homeowner's Association, and that right of access be granted to the City to maintain the detention pond if it is not properly maintained by the Association. If the City maintains the detention pond and filtration system, however, the City will recoup the cost expended for the maintenance. Following a lengthy discussion, Mr. Wegener agreed to include verbiage on the Plat of Survey for each lot stating the maintenance of the detention pond and filtration system is the responsibility of the Homeowner's Association. Alderman McClatchey left the meeting at 8:03 p.m. Motion by Bolger, seconded by Baird, to acknowledge the unanimous recommendation of the Plan Commission, and • to approve the Preliminary Plat of Knox Farm Subdivision prepared by Smith Engineering dated August 4, 1998 with a revision date of September 9, 1998; • to approve the Final Plat of Knox Farm Subdivision prepared by Smith Engineering dated July 22, 1998 with a revision date of October 12, 1998; • that a variance to permit a 726' cul-de-sac be granted; • that Staff be directed to draft appropriate language to be included on the Final Plat regarding the maintenance of the detention pond and filtration system. w Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. BUSS FORD - CONDITIONAL USE PERMIT REQUEST - 3926 WEST ELM STREET AND 1109 NORTH FRONT STREET Petitioner Mr. Steve Buss and Mr. James Cowlin, Attorney for the Petitioner, were in attendance. Mr. Cowlin stated the Petitioner appeared before the Zoning Board of Appeals on August 17, 1998 requesting a Conditional Use to permit an open sales October 21 , 1998 Page 4 lot for the sale of motor vehicles on the property located at 3925 West Elm Street and 1 109 North Front Street. Mr. Buss received a 5-1 recommendation from the Zoning Board of Appeals for approval of the Conditional Use. Mr. Cowlin noted Buss Ford Sales business at 3925 West Elm Street was never issued a Conditional Use Permit for its operation at this location as the business was established prior to the ordinance requirement of a Conditional Use Permit. It has therefore been included in this Petition before Council. Mr. Cowlin informed Council there will be a single right-in, right-out only access onto both Route 31 and Route 120. --� Alderman Glab expressed his desire to see at least six mature trees planted on the south property line in an effort to screen the unsightly rear of the abutting Main Street buildings. A lengthy discussion followed. Alderman Baird suggested a fence be installed along the south property line. Alderman Bolger reminded Council the Main Street Downtown Revitalization Project is due to begin next year and the fence might not be compatible with the future design of the business district. Mayor Cuda indicated it was unethical to require a property owner to install landscape, berming or fencing when constructing a parking lot, as the City did not landscape, berm or fence the newly-constructed North Main Street Parking Lot when it was installed. Some discussion followed. In response to an inquiry from Alderman Baird, Mr. Buss indicated the property located at 1 109 North Front Street has completed Phase 1 , Phase 2, and Phase 3 of required soil testing by the Environmental Protection Agency. The hoists will be removed. Motion by Bolger, seconded by Baird, to acknowledge the affirmative recommendation from the Zoning Board of Appeals and to direct Staff to draft an ordinance providing for the granting of a Conditional Use Permit to allow an Open Sales Lot for the Sale of Motor Vehicles on the property located at 3925 West Elm Street and 1109 North Front Street, conditioned upon the developer installing a privacy fence along the south property line of 1 109 North Front Street within the next 24 months, and the developer consult with the Main Street Downtown Revitalization Committee regarding the type and height of the fence to be installed. Voting Aye: Bolger, Murgatroyd, Baird. Voting Nay: Glab. Absent: McClatchey. Motion carried. TCI FRANCHISE AGREEMENT EXTENSION City Administrator Lobaito informed Council the current TCI Franchise Agreement expired on May 31 , 1998. As the Consortium is as yet negotiating a new Agreement, he asked the Council to consider passing an ordinance granting an extension of the present contract. City Administrator Lobaito stated he believes the new contract will be completed by January 1 , 1999. Motion by Baird, seconded by Bolger, to authorize the Mayor's execution of an ordinance granting an extension to the TCI Franchise Agreement from May 31 , 1998 to January 1 , 1999. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. PAVEMENT MANAGEMENT PROGRAM PROPOSAL Director of Public Works Batt reminded Council the Pavement Management Program Proposal was presented for Council review at the October 14, 1998 regularly scheduled Council Meeting. At that time, Council elected to table the matter until it could be ascertained Infrastructure Maintenance Services, who submitted the lowest October 21 , 1998 Page 5 Proposal for the Pavement Management Program, was not the same firm which was under investigation for alleged political campaign misconduct associated with Governor Edgar's office. Staff had been directed to clarify this matter. Director Batt reported Infrastructure Maintenance Services was in no way connected to the investigation regarding political improprieties. Motion by Baird, seconded by Glab, to authorize the Mayor's execution of the Motor Fuel Tax Resolution in the amount of $50,000, and to authorize the Mayor's execution of and award the Agreement for Engineering Study for the Pavement Management Program to Infrastructure Maintenance Services, of Arlington Heights, Illinois in an amount not-to-exceed $42,000. Alderman Bolger opined spending $42,000 on a study which could be done in- house by Staff was not justified. These monies could far better be spent in actual street improvements. Voting Aye: Glab, Murgatroyd, Baird. Voting Nay: Bolger. Absent: McClatchey. Motion carried. PARK MAINTENANCE VEHICLE PURCHASE City Administrator Lobaito reminded Council previous authorization had been given to purchase a 1999 pickup truck for the Park Maintenance Department. The bid had been awarded to Mitchell Buick-GMC-Oldsmobile in an amount not-to-exceed $24,718.83 with a delivery time frame of 60-90 days. Subsequent to the award of bid, the City was notified by Mitchell Buick-GMC-Oldsmobile, production of this vehicle will not begin until February 1999, which is well beyond the specified 60-90 day delivery timeframe. It is Staff's recommendation to accept the third lowest bid from Sunnyside Company in an amount not-to-exceed $26,142.97. Some discussion followed. Council suggested the purchasing process should begin much earlier in the fiscal year so the delivery date does not become an issue. Mayor Cuda stated if money is budgeted for vehicles, the order should be placed in May or June so delivery can take place prior to the winter snowplowing season. Some discussion followed. Motion by Glab, to reject the bid submitted by Mitchell Buick-GMC-Oldsmobile, and to award the purchase of a 1999 four-wheel drive pickup truck to Sunnyside Company, McHenry, Illinois in an amount not-to-exceed $26,142.97. Motion died for lack of a second. Discussion ensued regarding the need to secure a bid bond from bidders to ensure compliance with promised delivery dates. Motion by Baird, seconded by Bolger, to award the bid for purchase of a 1999 four-wheel drive pickup truck for the Park Maintenance Department to the low bidder, Gary Lang Chevrolet with a 90-120 day delivery date, in an amount not-to-exceed $24,658.00. Voting Aye: Bolger, Glab, Murgatroyd, Glab. Voting Nay: None. Absent: McClatchey. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda reported the County Board at its October 20, 1998 regularly scheduled meeting approved the implementation of a Special Service Area for the Route 31/Shamrock Lane Traffic Signal and Road Improvements. Mayor Cuda announced a meeting has been scheduled for November 1 1 th or 12th with City Administrator Lobaito, High School District 156 Superintendent Swartzloff, and School Board President James Heffelfinger. Mayor Cuda also reported a meeting has been scheduled with Ken Bruce regarding the Central Wastewater Treatment Plant for November 4, 1998. October 21 , 1998 Page 6 COMMITTEE REPORTS Public Works Committee Chairman Alderman Bolger reported the Public Works Committee had met this evening prior to the Council Meeting. He noted the Committee's unanimous approval of the request for a street light on Pyndale. Motion by Bolger, seconded by Baird,to authorize the expenditure of $2,395.39 for the installation of a street light on Pyndale Drive and an additional monthly fee not- to-exceed $27.99. Voting Aye: Bolger, Glab, Baird. Voting Nay: Murgatroyd. Absent: McClatchey. Motion carried. Public Works Committee Chairman Alderman Bolger noted the second agenda item for this evening's meeting was the City's acquiring of rights to the private roadway and utilities in Irish Prairie. The Committee recommended that Staff be directed to determine the advisability of securing the rights to the water and sanitary sewer utilities in Irish Prairie. There was no recommendation at this time with regard to roadway. Motion by Bolger, seconded by Glab, to direct Staff to investigate the feasibility of acquiring the rights to the utilities in the Irish Prairie Complex, and to draft a punchlist of items to be addressed prior to the City's acceptance of these utilities. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. Parks and Recreation Committee Chairman Alderman Baird reported the Committee met on Thursday, October 15, 1998, and the minutes will be forthcoming. STAFF REPORTS Director of Community Development Napolitano reminded Council the next meeting of the Comprehensive Plan Steering Committee will take place on Thursday, October 22, 1998 at 7:30 p.m. City Administrator Lobaito reported the City has agreed to delay the Petersen Barn re-roof project. In light of the recent plaquing of the Petersen Barn Property, it is necessary to secure a Certificate of Appropriateness prior to repair or maintenance on a landmark plaqued structure, pursuant to the recently-adopted Historic Preservation Ordinance. City Administrator Lobaito stated he has contacted the contractor, Copley Roofing, who will submit a proposal for shake shingle roofing for the barn. The City will begin the process of making application to the Landmark Commission for a Certificate of Appropriateness. It was pointed out although the cost of shake shingles is twice the cost of asphalt shingles, the lifetime of the shake shingles is twice that of asphalt shingles. City Administrator Lobaito asked Council to authorize Staff to make application for a Certificate of Appropriateness from the Landmark Commission. Motion by Glab, seconded by Murgatroyd, to direct and authorize Staff to make -- application for a Certificate of Appropriateness from the Landmark Commission. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. NEW BUSINESS Alderman Baird noted the first leaf pickup has passed through his ward and it is going very well this year. He pointed out he has been made aware that municipalities and mid-sized companies are the most vulnerable when it comes to potential problems with the Year 2000 Bug. He asked for a report from Staff as to October 21 , 1998 Page 7 how this is being addressed on the municipal level. EXECUTIVE SESSION Motion by Glab, seconded by Murgatroyd, to adjourn to Executive Session to discuss Personnel Matters at 8:55 p.m. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. Council went into Executive Session at 8:55 p.m. Motion by Murgatroyd, seconded by Glab, to go back into Open Session at 9:02 p.m. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. Council went back into Open Session at 9:02 p.m. Motion by Murgatroyd, seconded by Baird, to authorize the hiring of Juanita Oliver for the position of Community Development Department Secretary at Grade 6, Step 2, at an annual salary of $25,979, pending her successful completion of her pre- employment physical, with a start date of October 26, 1998. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. ADJOURNMENT Motion by Murgatroyd, seconded by Glab, to adjourn the meeting at 9:03 p.m. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. The Meeting was adjourned at 9:03 p.m. DEPUTY CLERK MAYOR COMMITTEE OF THE WHOLE MEETING OCTOBER 21, 1998 A Committee of the Whole Meeting of the McHenry City Council was called to order by Mayor Cuda at 9:14 P.M. on Wednesday, October 21 , 1998 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Murgatroyd, Baird. Absent: McClatchey. City Staff in attendance were: City Administrator Lobaito, Deputy Clerk Kunzer, City Attorney McArdle, Chief of Police Joyce, Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of Community Development Napolitano. Absent: City Clerk Althoff. DIEDRICH FARM/GERSTAD PROPERTY ANNEXATION '— In attendance were Mr. Donald Gerstad and Mr. Roger Gerstad of Gerstad Builders Inc. Ms. Ginger Geiser, Court Reporter, was present. Mayor Cuda stated the purpose of this evening's meeting is to provide a forum for Council to carefully go over, paragraph by paragraph, the proposed Annexation Agreement for the Diedrich Farm/Gerstad Property, in an effort to clarify the points of the Agreement. Mayor Cuda announced there would be no opportunity for Public Input as this is a workshop meeting of the McHenry City Council. He noted City Administrator Lobaito presented Council with a concise summary of highlights of the Agreement in the attached Agenda Supplement. Attorney McArdle explained and/or clarified the following points: • Paragraph 1 , Provides for the annexation of the subject property; • Paragraph 2, Provides for RS-2 zoning upon annexation to the City; • Paragraph 3(1), Indicates a detention pond will be installed pursuant to the Engineering requirements and noted there will be two or more detention ponds • Paragraph 3(2), Allows for two recreational tot lots. However, if school district 156 obtains part of the subject property, only one lot will be dedicated to City; • Paragraph 3(5), Provides that landscaping on the perimeter of the subject property, particularly on Lots 8 through 15, shall be at least 50% opacity; • Paragraph 3(6), Provides for a maximum density of 280 units on 118 acres with a 2.37 ratio of units/acre. A lengthy discussion followed. Mr. Donald Gerstad indicated this reduction in density would not be acceptable to the applicants. • Section IV, the Public Improvement Reimbursement clause, Provides for the inclusion of the benefitted property in any recapture agreement. Discussion followed regarding the interest rate of 9%. Clarification shall be made as to whether this is simple interest or compounded annually. The maximum duration of any recapture agreement shall be 10 years. • Paragraphs IVA(3-7) are boiler plate language regarding the recapture agreement. • Paragraph IVA(8), Provides for the exemption of the Adams Property from recapture agreement. Mr. Adams is providing the site for the water tower and he is running the main to the site. • Paragraph IVB and IVC are boiler plate language pertaining to the recapture agreement. • Section V, Sewer and Water. Attorney McArdle explained at the time of annexation, the City would have to be in possession of recorded easements which would bring the water to the west property line from the west side of the river. He stated there is no obligation for the developer to extend the water to the east property line. This would be in the developer's time frame, at their pace, and not the City's. General discussion occurred regarding the possibility of School District 156 securing a portion of the subject property, either by purchase or condemnation. Council noted, in the event the School District would need to bring water to their site prior to Gerstad bringing the lines east, the School District would then be the entity which would be recapturing the cost to bring the water main east. Council directed City Attorney McArdle to draft language to provide for this possibility. Returning to the review of the Annexation Agreement: October 21, 1998, Page 2 Committee of the Whole • Paragraph VC, Provides that the developer will not have to bring the water main to the tower, only to the Adams property line. • Paragraph VI, Provides that $350,000 will be paid by the developer toward the City's construction of the water tower. These monies will be credited toward the City's Capital Development Fees and Permit Fees. However, credit will not be given toward Meter Fees. Mr. Donald Gerstad indicated if School District 156 is successful in their condemnation suit, it could change the ability of the developer to be able to honor their payment of the $350,000. He also noted _ if the School District purchases a part of the subject property, the City would still get their $350,000. These monies are not tied to the density of the project. • Paragraph VII, Sanitary Sewer, Provides for lift station impact fees which are tied to the density. Mr. Roger Gerstad noted the $17,470 required in the Agreement was tied to the previously proposed density of 313 homes in the 118 acres. The number of units has been reduced by the City, however, there has been no mention of reducing these fees. Some discussion followed regarding the need to increase the capacity of the City's lift stations at River Road and on Boone Lagoon. • Paragraph Vill, Storm Water. Attorney McArdle noted this is standard language regarding surface water runoff. Discharge from the development would not cause any problems for area residents. Mr. Donald Gerstad requested the City clarify language in Paragraph Vlll, reference the conveyance of everything by pipe except that runoff which exceeds the 100 year storm. Mr. Roger Gerstad noted there is currently runoff prior to the development and not everything should have to run through pipes. • Paragraph IX, Security, Provides for 5 Finals Plats, with one Preliminary Plat for the entire project. The document for securing all public improvements is the Letter of Credit. There will be a Letter of Credit to specifically secure the water main and sanitary sewer main. • Paragraph X, Off-Site and On-Site Improvements - Building Permits, Provides specifics with regard to public improvements required prior to issuance of building permits. • Paragraph XI, Schedule of Development, Provides that the first schedule of development must be provided to the City within 120 days of annexation of the subject property. • Paragraph XII, Donations, Contributions and Fees, Provides for the schedule of fees associated with the annexation: • A(4), Developer Donation Fees and Tax Lag Fees shall be adjusted annually on May 1 st. Following a lengthy discussion, it was the consensus of Council to revisit this issue once all other points contained in the agreement have been agreed to. • A(5), It was determined if the State should change the law regarding Developer Donations, all funds would still be distributed to the appropriate taxing bodies and not be retained by the City. • B, Public Lands, Provides for the donation of cash rather than public lands. Both School District 15 and 156 have indicated they would prefer funds. Mayor Cuda indicated this item will have to be addressed more closely once all other issues are resolved. • E, Roads, City Administrator Lobaito explained how he arrived at the $8,000 figure contained in sub-paragraph XIIE(8). He noted the traffic signal cost would be shared by all who benefited from the installation of the signal. He judged the fare share of the developer to be $8,000. • J(1), Model Home Construction, Sales Office, etc., Mr. Roger Gerstad stated he has concerns regarding this paragraph and being permitted to have a sales office which could be utilized only for this particular subdivision. This paragraph will be addressed by Attorney McArdle and the Attorney for the Petitioners. • J(4), Identical models, Some discussion followed regarding the change from every third to every second model shall not be identical. It appeared to be the consensus of Council every third model is preferable to every second. In any event, once determined, there will be no variance unless granted by Staff. October 21 , 1998 Page 3 Committee of the Whole • XIV, Obligations, Provides for the obligations of the developer(s), no matter the ownership of the property. Attorney McArdle noted the remainder of the document was standard annexation language. A lengthy discussion ensued. The following points were raised for further consideration by Council prior to the ratification of the agreement: • Alderman Baird opined the density should not exceed 280 with a 2.37 ratio per acre. • Mayor Cuda noted in all probability some of the property would be purchased by School district 156, and the 280 homes would not be a reality. He stated the importance of the City securing the $350,000 for Capital Development. It's imperative this project move forward so water can be brought east of the Fox River. • Mr. Donald Gerstad declared a density ratio of 2.37 units/acre is not viable. Following discussion, it was the consensus of all present the density is what will make or break this agreement. • Mayor Cuda opined RS-2 Zoning should prevail, at whatever the density works out to be on the property remaining, following purchase or legal taking by either/or School district 156 and/or IDOT. • Alderman Murgatroyd stated he would expect movement on both sides. Mr. Donald Gerstad stated he believes IDOT will exercise their option regarding FAP420. He could not then live with a maximum density of 2.37 units/acre. Alderman Glab asked the maximum number of units permitted in an RS-2 District. City Administrator Lobaito responded it would work out to approximately 2.5 or 2.6/acre after installation of public improvements, detention, etc. • Mayor Cuda directed Attorney McArdle to redraft paragraph III(6) so there is a maximum number of units permitted unless there is an IDOT taking and/or School District 156 taking, the balance of the property would revert to the maximum number of units permitted in the RS-2 District as defined by ordinance. ADJOURNMENT Motion by Murgatroyd, seconded by Glab, to adjourn the meeting at 1 1 :15 p.m. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. The meeting was adjourned at 11 :15 p.m. DEPUTY CLERK. MAYOR