HomeMy WebLinkAboutMinutes - 08/24/1998 - City Council SPECIAL MEETING
AUGUST 24, 1998
A Special Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Monday, August 24, 1998 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Glab, Murgatroyd,
Baird. Alderman Bolger arrived at 7:50 p.m. Absent: McClatchey. City Staff in
attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney
McArdle, Director of Public Works Batt, Director of Community Development
Napolitano. Absent: Chief of Police Joyce, Director of Parks and Recreation Merkel.
Also in attendance was Court Reporter Ginger Gaiser.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minutes of Public Input Session.
PUBLIC HEARING - ANNEXATION AGREEMENT DIEDRICH PROPERTY/GERSTAD
BUILDERS INC. APPLICANTS
Mayor Cuda opened the Public Hearing on the proposed Annexation, Zoning and
Comprehensive Plan Amendment for the 119 acre Diedrich Farm Property at 7:34 p.m.
Petitioners Roger and Donald Gerstad of Gerstad Builders Inc. were in attendance.
Mayor Cuda outlined the procedure for this evening's Public Hearing stating the
Petitioners would present their proposal, Council and Staff would have the opportunity
to ask questions, and the floor would then be opened to public participation,
questions, and comments.
Petitioners and property owner Roger Gerstad addressed Council stating the
property is comprised of approximately 119 acres and is located on the north side of
Lincoln Road extending east to Chapel Hill Road. The property, comprised of trees
and a rolling topography, is currently being used agriculturally and is zoned R-1 and
E-1 , pursuant to the McHenry County Zoning Ordinance. Discussions have occurred
with the Mayor and City Staff regarding the availability of sewer and water. The
Petitioners have submitted a proposal for Council review to extend water east of the
Fox River. The northern portion of the proposed subdivision lies within the proposed
right-of-way for the State roadway FAP 420. Mr. Gerstad stated no correspondence
had yet been received from the Illinois Department of Transportation (IDOT) regarding
this right-of-way designation or their intent for its future use. Therefore, the
conceptual plan for this development encompasses the entire parcel. In addition,
McHenry High School District 156 has expressed interest in acquiring additional
acreage contained within this proposed development. Negotiations are ongoing,
however, no written commitment exists at this time. Mr. Gerstad stated the proposed
development would benefit the City of McHenry with:
• Additional property tax revenues, increasing the City's revenues;
• Additional employment opportunities to area residents;
• The extension of water east of the river;
• The prepayment of water Capital Development Fees and Tap-on Fees to help
pay for the construction of a much needed elevated water tank;
• The extension of sanitary sewer lines to this area as an infrastructure
improvement.
Mayor Cuda suggested the proposed Annexation Agreement be reviewed. He
noted this was a preliminary draft of the Agreement and eventually will more closely
mirror the Hillside and Inland residential Annexation Agreements.
Attorney McArdle outlined the obligations of the City enumerated in Title 1 .
These obligations included:
• Annexation;
• RS-2 Medium High Density Single Family Residential Zoning;
• Approval of the Preliminary Plat;
• Approval of the subdivision development in phases with public improvements
secured by Letters of Credit;
• Approval of the construction and maintenance of model homes and/or sales
trailers.
August 24, 1998 Page 2
Alderman Bolger arrived at 7:50 p.m.
City Administrator Lobaito noted the Petitioners were requesting Council
approve proceeding through the Annexation Process with a Conceptual Plan as
opposed to the Preliminary Plat. The Preliminary Plat would then be presented for
approval at a future date. Alderman Murgatroyd suggested the Annexation Agreement
language be amended to reflect the concession to a Conceptual Plan as opposed to
the Preliminary Plat approval. In response to a request from Alderman Murgatroyd for
clarification, City Attorney McArdle concurred if Council approves the Conceptual
Plan, a commitment to the development's design and layout has been made. Council
would be bound to approve a Preliminary Plat in substantial conformity with the
previously approved Conceptual Plan. Language, however, could be included in the
Annexation Agreement which permits alternative action.
Mr. Gerstad stated a Concept Plan allows for more input from Council and Staff.
Mayor Cuda noted the Diedrich Farm Concept Plan now before Council did not include
plans for storm water retention. A Preliminary Plat, however, requires detention
design. Some discussion followed.
Mr. Gerstad stated the inclusion of storm water management in the Concept
Plan would in all likelihood eliminate between 10 and 15 lots. The purchase of right-
of-way by IDOT would eliminate an additional 46 lots.
City Attorney McArdle returned to the Annexation Agreement review outlining
the owner's obligations as enumerated in Title 2 of the Agreement. He noted the
following:
• Payment of Annexation Fees of $1000/acre and $500/residential unit;
• Developer Donation Fees for Schools, Library, Parks and Fire District;
• Operational Fees for School and Library Districts;
• Capital Development Fees;
• Associated costs incurred in providing water to the east side of the Fox River --
within eighteen months of obtaining all necessary approvals and Final Plat
approval of Phase 1 of the development, with a recapture option for a minimum
of 20 years;
• The extension of an additional water main to the right-of-way on the south side
of Lincoln Road;
• Prepayment of water and Capital Development Fees for the construction of an
elevated water tank;
• Payment of the pro rata share of lost capacity of pumps located at the River
Road Lift Station with the proration based on the portion of capacity used by
the developer's property as described in the Annexation Agreement;
• Extension of sanitary sewer lines along Lincoln Road to serve the developer's
property with a recapture option;
• Construction of required public improvements secured with Letters of Credit;
and
• The construction, maintenance, and occupancy of model units on parcels 1 and
2.
A lengthy discussion followed regarding Title 2, #13, paragraph B, regarding
permitted advertising signs. Clarification of the size and display time frame of Festival
of Homes signs was provided. City Attorney McArdle stated Title 3, Reciprocal
Obligations, included standard Annexation Agreement language. In response to ----
Alderman Baird's concerns, Attorney McArdle noted Annexation Agreement language
referencing owner's and developer's obligations will be reworded for better
clarification as the developer and owner are one and the same entity.
Alderman Glab expressed concerns with Title 2, Section VII, addressing sales
trailers, citing the existence of equipment trailers in another Gerstad development,
Winding Creek, Phase 5. City Attorney McArdle noted more definitive language
addressing sales trailers, existed on page 11 of the proposed Annexation Agreement,
and should be duplicated in this Section. Further discussion ensued.
Alderman Glab requested sales trailers be permitted only until the first model
home was opened. Alderman Baird requested Council address whether further
August 24, 1998 Page 3
discussion on this proposed Annexation should occur, citing unresolved issues
affecting this property, specifically, the existence of IDOT right-of-way located on this
property, and the potential purchase by McHenry High School District 156 of acreage
on the property. He noted the water crossing would be a definite advantage to the
City of McHenry, however, he expressed severe reservations with regard to the
proposed subdivision density. In response to Council inquiry, Mr. Gerstad responded,
the proposed river crossing will occur at McCullom Lake Road, where a 12 inch main
currently exists. The size is adequate to supply water across the Fox River. Staff also
noted further discussion would occur regarding the developer's pro rata share of lost
capacity of the River Road Lift Station Pumps. City Administrator Lobaito noted this
cost will be sufficient enough to purchase larger sized pumps which will be adequate
to serve the expanded designated growth area.
Mayor Cuda opined the approval of the proposed Annexation Agreement would
provide additional important benefits to the City of McHenry, specifically, the
extension of water service east of the Fox River and the partial cost of a much-needed
elevated water tank.
Donald Gerstad addressed Council stating, if Council wished to postpone
Annexation of this property until the resolution of the State of Illinois right-of-way and
potential land purchase by McHenry High School District 156, it might be years before
any action could take place. The State of Illinois has been discussing the potential
construction of FAP 420 for 32 years. He also cited the construction of homes in the
State of Illinois designated right-of-way within the subdivision located directly east of
his proposed subdivision development. He also suggested approval of the
development might result in a definitive action by IDOT. Regarding the proposed land
purchase by McHenry High School District 156, no consensus had been reached after
two meetings. Alderman Glab suggested the reservation of the IDOT right-of-way, in
the absence of IDOT's retention of the right-of-way, a two-lane highway might be
developed by the City of McHenry and/or developers to loop around the City as
discussed by the Comprehensive Plan Update Steering Committee. He also noted with
zoning, the property becomes more valuable, and a future potential purchase by
McHenry High School District 156, should not, by City action, cost the taxpayers
more money. He opined further, however, the City should Annex this property in an
effort to control growth.
Alderman Baird, citing past problems with Comprehensive Plan roadway
layouts, specifically requested any proposed Conceptual Plan associated with this
proposed development, include more definitive roadway layouts and alignments. He
also stated his discomfort with approving a Conceptual Plan. Mayor Cuda noted the
Annexation Agreement could be approved by Council, eliminating the proposed
Concept Plan and limiting the number of approved lots. Alderman Glab requested the
developer consider a roadway layout design prohibiting a direct route connecting
Lincoln Road and Chapel Hill Road.
Don Gerstad stated the proposed development provides for only one egress and
ingress each to Lincoln Road and Chapel Hill Road. If McHenry High School District
156 purchases property, an additional ingress and egress for the school will be
provided. Mayor Cuda reminded Council language can be developed and inserted in
the Annexation Agreement permitting additional Council input into the Conceptual Plan
roadway layout. In response to Alderman Baird's inquiry, Don Gerstad stated he was
unsure as to IDOT's response if the proposed Illinois FAP 420 project moved forward
after the construction of homes within the FAP 420 designated right-of-way.
Mayor Cuda provided Council with a status reportregarding FAP 420. He
explained as long as entities within Lake County objected to the extension of State
Route 53 through their communities, the construction of FAP 420 would be
postponed. If all objections dissolved, FAP 420 could conceivably be constructed
within five years.
Motion by Glab, to draft a letter to the appropriate State authorities expressing
the City of McHenry's support of FAP 420's extension, and requesting information
regarding future plans for designated FAP 420 rights-of-way located within the
corporate limits of the City of McHenry.
August 24, 1998 Page 4
Motion died for lack of a second.
After further discussion, it was the consensus of Council to direct Staff or the
Mayor draft a letter to the appropriate State authorities, requesting information
regarding future plans for designated FAP 420 rights-of-way, and the consequences
for property owners who construct homes within the designated FAP 420, located
within the City of McHenry Corporate Limits. Some discussion followed with regard
to the State response and action relating to the Stilling Woods Development, located
adjacent to the proposed development. Staff was directed to obtain a copy of the
IDOT letter to the developer of Stilling Woods regarding the construction of homes
within the FAP 420 designated right-of-way.
Alderman Murgatroyd noted a discrepancy in the number of units referenced in
the Conceptual Plan and the Annexation Agreement. Don Gerstad responded stating
the 271 units referenced in the proposed Annexation Agreement, is tied specifically
to the prepayment of water Capital Development and Tap-on Fees. In response to
Mayor Cuda's inquiry, Don Gerstad stated they would not increase the $350,000
prepayment amount to account for increased number of units in the event IDOT
released FAP 420 right-of-way. Alderman Murgatroyd also stated the prepaid amount
should be reviewed in the event the number of units is reduced, as the purchase of
land by McHenry High School District 156 is a possibility. Aldermen Murgatroyd and
Glab expressed reservations regarding the proposed credit of prepaid water Capital
Development and Tap-on Fees to future developments in the event the actual number
of units built is less than the stated 271 units.
A brief discussion followed regarding water retention. City Administrator
Lobaito noted water retention issues are discussed during the Preliminary Plat review
when engineering is required. In response to Alderman Glab's inquiry, City
Administrator Lobaito noted approval of this development would not be considered
without construction of a new elevated water tower. In response to Alderman
Murgatroyd's concerns, Mayor Cuda noted additional language will be incorporated into the finalized draft of the proposed Annexation Agreement, addressing Developer
Donations and Operating Fee Cost of Living increases. In addition, clarification was
provided regarding Recapture Agreements as requested by Alderman Murgatroyd. City
Attorney McArdle noted, if a single family property owner is affected by the Recapture
Agreement, they would be obligated to pay their fair share.
Additional discussion occurred regarding Cost of Living Increases for Operating
Fees. Staff was directed to investigate this issue further. In response to Council
inquiry regarding Section IX, Item #7 Roads, Staff explained no curb cuts or direct
driveway access will be permitted on either Lincoln Road or Chapel Hill Road. In
response to further Council inquiry, City Administrator Lobaito stated the Festival of
Homes signs permitted in the proposed Annexation Agreement are also permitted
other developments located within the corporate limits of the City of McHenry. The
signs are located on the subject property and are 4' X 8' in size. In response to
Council request, Roger Gerstad stated language will be included in the proposed
Annexation Agreement specifying the Festival of Homes signs be located on the
subject property site. Further discussion followed. Council directed Staff to review
the sign language contained in Section IX, #13, paragraph B, regarding subdivision
sale signs.
Alderman Baird again stated the provisions of the Annexation Agreement
regarding the extension of water to properties east of the Fox River was a great
benefit to the City of McHenry, however, he expressed his deep reservations regarding
the proposed development's density. Alderman Bolger reminded Council of the White
Oaks Subdivision development which initially sought Annexation to the City of
McHenry withdrew their Petition, citing developmental differences with the City of
McHenry. He noted the City of McHenry will now experience the impact of the White
Oak Ridge development, without the benefit of either annexation or impact fees.
Mayor Cuda expressed concerns with the language contained in Section IX, #3,
Paragraph A, regarding the installation of a water main crossing the river within 18
months of obtaining the required permits and Final Plat approval. Don Gerstad stated
language could be developed clarifying the developer's intent to initiate the extension
August 24, 1998 Page 5
of water east of the Fox River immediately. Their intent is to extend the water service
in conjunction with Council's approval for Phase 1 development. Alderman Glab
cautioned proposed language should not create a situation where Council would be
forced to approve the Preliminary Plat in order to facilitate the extension of water
service east of the Fox River.
Alderman Glab expressed concern with regard to Section XVIII, permitting
existing agricultural uses until the entire property is developed. He suggested
agricultural uses be permitted until Phase 1 was initiated and Phase 2 was initiated.
Some discussion followed. Council supported the proposed language permitting
existing agricultural uses shall be permitted until the property is developed.
Some discussion followed regarding the proposed vehicular entrances into the
subdivision. In addition, discussion occurred regarding water runoff. Roger Gerstad
noted the City of McHenry's Subdivision Control Ordinance prohibits increased runoff
from a new development. In response to Council inquiry, Roger Gerstad noted the
detention basin design is in compliance with the City of McHenry's Subdivision Control
Ordinance.
Discussion followed regarding the donation of land or cash for the required
Parks Donation. Council requested the Petitioners consider excluding Elementary
School District 15 and High School District 156 from the Recapture Agreements. It
was noted no Preliminary Plan exists for obtaining the necessary easements to
facilitate a river crossing. In addition, Staff informed Council results are still pending
regarding the quality of water from the well located on the recently annexed Adams
Property.
Mayor Cuda called for a recess at 9:40 p.m. The Hearing was reconvened with
everyone still in attendance at 9:45 p.m. Mayor Cuda opened the floor to audience
comment.
Stanley Archacki, of 2604 Lincoln Road, addressed Council, requesting Council
require a stub off of Woodland Lane to his property which is located adjacent to the
proposed development. Mr. Archacki stated McHenry County Planning and
Development Committee had addressed this issue during review of the Lincoln Hill
proposed residential development. Staff was directed to obtain a copy of the county's
review and recommendation regarding Mr. Archacki's property.
Paula Ekstrom, of 5505 Brittany Drive, addressed Council. She noted she was
a member of the City of McHenry's Zoning Board of Appeals, which sent a negative
recommendation for RS-2 Medium Density Single Family Zoning to Council. It was the
consensus of the Zoning Board of Appeals the proposed development's density would
create a negative impact on the City of McHenry. In addition, the Zoning Board of
Appeals requested Council consider the following issues:
• Lots at the north end of Woodlawn Park be granted a utility easement to insure
access to existing well and septic systems;
• A transition zoning or screening be implemented when lots from the subject
property abut adjacent properties of one acre or more in size.
Mike Oliver, of 1717 Woodlawn Park, addressed Council, concurring with the
Zoning Board of Appeals recommendations. He also noted McHenry County's zoning
permitted the development of only 167 units on this site, as opposed to the 337 units
being proposed by the current property owner and developer. Citing the unique
characteristics which surround the proposed development, one acre homesites and
water front properties, Mr. Oliver opined the proposed development would not blend
in aesthetically with the existing neighborhood. He stated his opposition to the
rezoning and reclassification to RS-2 Medium Density Single Family District. He
requested Council carefully consider the additional vehicular traffic entering and exiting
the City of McHenry over the Pearl Street Bridge, particularly if McHenry High School
District 156 pursues land acquisition in this area.
Chris Nystrom, of 1615 Woodlawn Park, addressed Council, stating her concern
with the proposed density and subsequent problems with traffic safety along Lincoln
Road.
August 24, 1998 Page 6
Tim Molley, of 1912 Woodlawn Park, addressed Council, stating his opposition
to the proposed density. He also noted most of the homes located on Woodlawn Park
are constructed on more than one lot.
Dave Kurpier, of 1810 Woodlawn Park, addressed Council, stating his
opposition to the proposed density. In response to Mr. Kurpier's inquiry, Mayor Cuda
stated no well will be located on the Gerstad Property. Water service will be provided
from the west side to the east side of the Fox River. In addition, the City of McHenry
hopes to help Hunterville Park and Eastwood Manor Subdivisions solve their water and
sewer problems. Only voluntary annexation of these subdivisions will be considered.
Allen Hunt, of 2218 Woodlawn Park, addressed Council, clarifying the first hal
mile of Woodlawn Park is a County Road. He stated his concern regarding road
maintenance and repair if vehicular traffic was increased to 100 cars per day. Mayor
Cuda clarified the location of the proposed elevated water tower is on the Adams
Property located north of Route 120 at 2600 West Route 120.
Frank Van Bree, of 2004 Woodlawn Park, addressed Council, stating his
concern regarding water runoff. He also requested Council require a buffer zone
between the existing homes and the proposed subdivision development.
Some discussion followed regarding the forcible annexation of Woodlawn Park.
Mayor Cuda stated he has never been in favor of forcibly annexing any properties.
Council requested Staff provide a map of the area to be distributed with minutes of
this evening's meeting. In response to Mayor Cuda's inquiry, it was the consensus
of Council to go forward with the negotiations regarding the proposed Annexation,
Zoning, and Comprehensive Plan Amendment for the Diedrich Farm Property.
Motion by Glab, seconded by Murgatroyd, to close the Public Hearing at 10:25
p.m. with the understanding any future meetings addressing the proposed annexation
of the Diedrich Farm Property would permit audience participation.
Voting Aye: Bolger, Glab, Murgatroyd.
Voting Nay: Baird.
Absent: McClatchey.
Motion carried.
ADJOURNMENT
Motion by Murgatroyd, seconded by Glab, to adjourn the meeting at 10:35 p.m.
Voting Aye: Bolger, Glab, Murgatroyd, Baird.
Voting Nay: None.
Absent: McClatchey.
Motion carried.
The Meeting was adjourned at 10:35 p.m.
CI CLERK MAYOR