HomeMy WebLinkAboutMinutes - 02/05/2001 - City Council SPECIAL MEETING
FEBRUARY 5, 2001
A Special Meeting of the McHenry City Council was called to order by Mayor Cuda,
at 7:30 P.M. on Monday, February 5, 2001 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,
City Clerk Althoff, City Attorney McArdle, Chief of Police Kostecki, Director Community
Development Napolitano, Planner Maggio. Absent: Director of Public Works Batt, Director
Parks and Recreation Merkel, Assistant Administrator Maxeiner.
Mayor Cuda at 7:30 p.m. reconvened the Public Hearing to consider an annexation
agreement, zoning reclassification, and preliminary plat approval for the proposed
Shamrock Farm Property, located south of Route 120, north of Bull Valley Road between
Curran Road and Draper Road, and consisting of approximately 600 acres. The property
extends beyond Draper Road to the northwest where it abuts the City adjacent to both the
Burning Tree and Deerwood Estates Subdivisions.
Mayor Cuda again iterated the Public Hearing proceedings, noting Council would
continue a page-by-page consideration of the annexation agreement. He stated the floor
would be to audience question only after the Council has been permitted the opportunity
to ask their own questions. A closing statement will then be made by the developer, and
the floor will again be opened to audience comment and/or questions. Council will
conclude the Public Hearing thereafter. Mayor Cuda reminded the audience a Court
Reporter was in attendance and requested appropriate behavior be afforded.
Mayor Cuda introduced the property owners, Pete Johnson, Joan Johnson Galli,
and Christian Galli; property managers, Verne and Jean Schiller; developer John Green of
Concorde Development Corporation; Attorney Mr. James Cowlin of Cowlin and Cowlin;
engineers Jim Frain and Leonard Strickland of Manhard Consulting Inc.; and Dan O'Malley
of Bloodgood Sharp Architects.
ANNEXATION AGREEMENT REVIEW
Page 6, Para-graph 18, Vacation of Draper Road riaht-of-way:
In response to Mayor Cuda's inquiry, the developers agreed to incur all costs
associated with the vacation of the existing Draper Road right-of-way.
Page 6, Para-graph 19, Temporary Signage:
City Planner Maggio stated the language contained in this section is standard. Mr.
Green agreed to the terms as presented.
Pane 6, Paraaraph 20, Model Homes:
Staff noted all new developments are permitted the construction, maintenance, and
�- occupancy of model units. Council suggested hours of sales operation be included in this
section of the annexation agreement. In addition, language prohibiting flag, pennant-style
signs, and continuous road side signs be included.
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Pape 7, Parapraph 21, Underaround Utilities:
In response to Alderman Murgatroyd's inquiry, Staff noted the language requiring all
utility lines be installed underground is limited to new utility lines. Alderman Glab
suggested the developers be required to relocate underground the existing utility lines
found on the subject property. Some discussion followed.
Mayor Cuda opined the existing utility lines may not be sufficient to serve the entire
Shamrock Farm Development; and, as a consequence, may be replaced. Alderman
Murgatroyd suggested the annexation agreement language regarding utility lines specify
utility distribution lines. Alderman Glab requested this item be earmarked for future
consideration.
Pape 7, Parapraph 22a, Road Improvements and Contributions:
Draper and Curran Road Intersection Realignment:
It was the consensus of both the developers and Staff, the language as presented
was adequate. In response to Council inquiry, Mr. Green stated the affected property
owners have been identified, but have not been presented plans for comments and/or
review of the realignment and construction of the Draper and Curran Road intersection.
Pane 7, Paragraph 22b, Road Improvements and Contributions:
Other Intersection and Road Improvements:
Mr. Green identified the offsite road improvements required as a result of the
proposed development of this project. The developers have agreed to pay their
proportionate cost of the proposed improvements as reviewed by City engineering firm
Baxter and Woodman. These offsite road improvements include:
■ Draper Road and Bull Valley Road intersection;
■ Curran Road and Bull Valley Road intersection;
■ Dartmoor Drive and Curran Road intersection.
Alderman Baird suggested the developers be required to pay the full cost of these
offsite roadway improvements. Some discussion followed.
Alderman Glab also requested Staff investigate the need for an additional
intersection at the Dartmoor Drive extension between Curran Road and Draper Road and
the north south connector as indicated on the City's Comprehensive Plan. He suggested
the developers be required to pay their proportionate share of the improvements and/or
development of this intersection.
Pape 7, Paragraph 22c, Road Improvements and Contributions:
Monetary Contributions:
Staff and the developer agreed to the terms of payment as presented in this section
of the annexation agreement. .�
Pape 8, Parapraph 23, Right-of-Way Dedication West McHenry Bypass:
Council requested the amount and width of the land donated for the West McHenry
Bypass be specified in this section of the annexation agreement. In response to Alderman
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�.. Baird's inquiry, Mr. Green noted the Draper and Curran Road intersection realignment will
be completed as per the City's request in conjunction with the Shamrock Farm
Development. Offsite improvements require coordination with the City and other
governmental entities. Mr. Green stated the developers have agreed to cooperate with the
appropriate agencies. Mayor Cuda directed the developers to provide a time table with
regard to the offsite roadway improvements.
Some discussion followed regarding the status of the proposed West McHenry
Bypass. Mayor Cuda informed Council a Technical Advisory Committee Meeting JAC)
was scheduled for either Wednesday, February 14t' or Thursday, February 15'h to review
possible West McHenry Bypass routes. Council requested Staff attempt to obtain copies of
the proposed West McHenry Bypass routes prior to next Wednesday's February 7, 2001
regularly scheduled Council Meeting.
Page 8, Paragraph 24, Parkland Donation:
Mr. Green offered to purchase and install all park improvements on the proposed
development as specified and directed by Council for credits toward future park donation
fees. He stated this will permit the immediate development of the park as opposed to
waiting for years while the park donation amounts accumulate. Alderman Glab noted
possible maintenance cost constraints associated with immediate park development.
Mayor Cuda suggested Director of Parks and Recreation Merkel be consulted
regarding the developer's offer.
Page 8, Paragraph 25, School Land Dedication:
Mr. Green stated the developers had met with representatives of both McHenry
Elementary School District 15 and.McHenry High School District 156. School District 15
was offered a site east of Curran Road. This site would allow children living in the western
portion of the district to attend school without crossing Curran Road. McHenry Elementary
School District 15 also expressed interest in the location for an Early Childhood Learning
Center. Discussions with McHenry High School District 156 have resulted in the rejection
of a land donation. The developers have agreed to pay the School Developer Donation
Fees as specified in the annexation agreement.
Mayor Cuda informed Council the verbal agreement between Concord Development
and McHenry Elementary School District 15 will be incorporated into the annexation
agreement. Alderman Glab requested Staff obtain, if possible, a copy of both McHenry
Elementary School District 15 and McHenry High School District 156 long-term strategic
plans.
Page 8, Paragraph 26, Fire Protection Dedication:
Mr. Green stated meetings with the McHenry Township Fire Protection District have
resulted in a land donation of 1.5 acres in addition to the McHenry Township Fire
�.. Protection Developer Donation Cash Contribution amount. Mayor Cuda noted the original
site along Dartmoor Drive has been revised to a site closer to Curran Road, as per
McHenry Township Fire Protection District request.
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Pane 9, Paraoraph 27a, Donations, Contributions and Fees:
Annexation Fees:
City Planner Maggio noted the annexation fee of $1,000 per acre is standard. This
annexation agreement, however, provides 50% of the annexation fees to be paid within 90
days of approval, with the balance being paid at the time of final plat for each phase of the
development. City Planner Maggio also noted the annexation fees would be tied to annual
Consumer Price Index (CPI) increases to accommodate the installment payments. Planner
Maggio also noted the annexation fee amount is based on the total gross acreage of the
property, 596 acres.
Pane 9, Paragraph 27a (iv), Donations, Contributions and Fees:
Certificate of Occupancy Annexation Fee:
Mayor Cuda noted Paragraph a(iv) referenced tag-lag fees to be paid at the time of
occupancy certificate issuance, for the schools and library districts. This annexation
agreement requires the school fees be increased from $1,733 to $1,780 and the library
fees from $24 to $58.
Alderman Glab requested Staff provide Council with operational fees and impact fee
comparisons for other municipalities within McHenry County. Mr. Green noted the
developers were agreeable to paying the increased dollar amounts, but noted no other
developers have been required to pay these fees at these levels.
Pate 9, Paraoraph 27b, Donations, Contributions and Fees:
Cash Donations:
Mayor Cuda noted Developer Donation Fees for the schools were increased from
$3,358 for a three-bedroom single-family detached dwelling unit to $4,750, and from
$4,650 for a four-bedroom single-family detached dwelling unit to $5,460. Mayor Cuda
noted the McHenry High School District 156 receives 35% and McHenry Elementary
School District 15 receives 65% of these monies. In addition, Mayor Cuda clarified the
McHenry Elementary School District 15 needs only ten acres for the elementary school
and/or Early Childhood Learning Center site. The agreement will therefore specify a
Developer Donation credit for a ten-acre land donation site, as opposed to the current
11.7-acre donation. The cash donation chart on page 10 of the annexation agreement will
be adjusted accordingly.
In response to Alderman Murgatroyd's inquiry, Mr. Green explained the agreement
between the developers and the City of McHenry to permit the installment-type payment of
annexation fees was considered for two reasons:
■ First, most communities have annexation fees to offset the cost of providing
additional services to the newly annexed area. The annexation of the Shamrock
Farm 596-acre property will require no additional services. The acreage is
currently vacant;
■ Secondly, in consideration for agreeing to the annual growth building limitation, --N
the City has agreed to permit the developers to pay a proportionate share of
annexation payment.
Alderman Baird stated a cumulative growth restriction will not be acceptable. The
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`- building/growth restrictions must be limited to a maximum annual total.
Pane 11, Paragraph 27, Donations, Contributions and Fees:
(c)Release, (d) Donations Distinnuished from Fees, (e) Distribution; (f) Annual
Adjustment:
Page 11. Para-graph 28, Binding Effect and Term:
Page 11, Paragraph 29, Amendment:
Mayor Cuda noted the language contained on this page is standard to all City of
McHenry annexation agreements.
Page 12, Paragraph 30, Notice and Default:
Page 12, Para-graph 31, Stop Orders:
Page 12, Paragraph 32, Ordinance Changes:
Mayor Cuda noted the language contained on this page is standard to all City of
McHenry annexation agreements.
In response to Alderman Baird's inquiry regarding Paragraph 28, and the
annexation agreement terms, Mayor Cuda stated Staff will review this provision closely.
Mayor Cuda noted municipalities can enter into annexation agreements for a period of
`.. twenty years.
Pane 13, Paragraph 33, Obligations:
Pane 13, Paragraph 34, Enforceability:
Page 13, Waiver:
Pane 13, Severability:
Mayor Cuda suggested additional language be drafted by City Attorney McArdle to
indemnify the City in the event the City of McHenry is sued by parties as a result of the City
of McHenry entering into an annexation agreement with the developer. Some discussion
followed.
Mayor Cuda stated in the event the City of McHenry enters into a law suit with an
entity because of being a party to an annexation agreement with the developer, the City of
McHenry should be indemnified by the developer.
Pane 14, Signature Blocks
Mayor Cuda noted the language contained on this page is standard to all City of
McHenry annexation agreements and is the signature page. Mayor Cuda noted because
the ownership of this property is held in a land trust, the beneficiaries of the land trust must
sign the annexation agreement. Mr. Green agreed to these provisions.
Mayor Cuda opened the floor to audience questions and/or comments at 8:24 p.m.
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John Diamond of 6409 Ojibwa Lane addressed Council requesting clarification
regarding the relationship between the City of McHenry and both elementary school district
15 and high school district 156, regarding Developer Donation Fees. Mayor Cuda informed
Mr. Diamond he and representatives of the taxing entities, including both school districts,
fire and library districts, meet on a regular basis to discuss pending developments and
their impact and affect on the McHenry community. Mr. Diamond suggested a
comprehensive, long-term plan be developed by these taxing bodies. Mayor Cuda
responded these taxing entities participate in the creation and adoption of the City's
Comprehensive Plan. In response to Mr. Diamond's second question regarding Developer
Donation monies, Mayor Cuda explained operational fees are paid to the taxing bodies on
a monthly basis, whereas, the Developer Donation Fees are paid on a semi-annual basis
in January and July. The City of McHenry retains no portion of any of these fees
Jim Zeinz of 4736 Loyola Drive addressed Council requesting clarification of
McHenry County Soil and Water representative Mr. Brandt's statement the Shamrock Farm
Development has an extremely high water table and homes with basements should not be
constructed on this site. Mr. Green noted soils excavated from the proposed lake
development will be used to raise the level of the property. In addition, the ponds will
assist with surface water retention. Mr. Green also noted most of the poor and hydric soils
are located within the center of the development site, near the proposed pond
development. Responding to Mr. Zeinz's inquiry, Mr. Green stated the school site will also
be provided an elevated graded pad prior to school construction. Mr. Zeinz also requested
clarification regarding the developer's offer of property to the McHenry County
Conservation District. Property owner Ms. Joan Johnson Galli responded, explaining the
acreage in question was offered to the McHenry County Conservation District in
December. McHenry County Conservation District expressed no interest in acquiring the
acreage in question. Ms. Galli noted the property was not offered as a donation, but was
offered as an acquisition possibility.
Dora Bennett of 9319 Bull Valley Road addressed Council, asking how the
developers intend to address the loss of additional night sky. Mr. Green responded the
proposed landscape plan includes a light standard with lower light and aesthetics.
Peter Manson from Bull Valley Road addressed Council, requesting the estimated
incremental population increase figure from this development and the assumed number of
people in each residence be provided. City Administrator Lobaito noted the City of
McHenry utilizes a standard formula to determine people per household. Based on
McHenry's formula the population projection. The Shamrock Farm Development will
produce approximately 3 people per household for a total of 2,769 additional City of
McHenry residents. The incremental annual income can be supplied from the Tax Impact
Study provided Council by the developers. This figure will be provided at a later date.
Sue Romanoski of 505 Draper Road addressed Council, requesting clarification -�
regarding the offsite roadway improvements as well as the proposed multi-family housing
units. In response, Mr. Green stated not only will the annexation agreement provide the
specific cost contribution amount, but will also identify all offsite roadway improvements
and enumerate the details of said improvements. The annexation agreement will state the
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�— proposed multi-family units must be owner occupied. Ms. Romanoski requested
clarification regarding the density of the proposed development. Mayor Cuda responded
Council had not yet given the developers an acceptable target number. A lengthy
discussion followed.
Frank Musial of 6507 Tustamena addressed Council requesting an approximate
cost of the proposed one-acre lots located west of Curran Road. Mr. Green stated the
developers anticipate those lots selling for between $75,000 and $80,000 each. Mr. Musial
requested justification for the park land donation value of$100,000. Director of Community
Development Napolitano explained the City of McHenry's Subdivision Control Ordinance
establishes the value of one acre of park land at $100,000. He continued explaining noting
a comprehensive analysis was conducted in 1999 to determine the value of an improved
acre of land in the City of McHenry. This independent contracted appraiser submitted an
evaluation in excess of$100,000; however, it was the determination of Council to establish
$100,000 as the value of an improved acre of land located within the City of McHenry's
corporate limits.
Jim Chessler of 419 South Draper Road addressed Council requesting Council
clarify the Shamrock Farm Development is proposing 844 units on 373 buildable acres, not
596 acres. Mr. Green responded noting this development is the least dense development
ever presented to the City of McHenry. The Boone Creek Development east of Curran
�.. Road is being developed with a density of 2.59 units per acre. The Burning Tree and
Deerwood Estates Subdivisions reflect a density of one unit per acre. The Shamrock Farm
Development proposes a density of 1.4 units per acre. A lengthy discussion followed
regarding density.
Dave Bauer of 3614 Grand Avenue addressed Council inquiring whether the City of
McHenry is prepared to handle both financially and operationally the proposed additional
development. He expressed his unwillingness to pay for any additional infrastructure
needs. Mayor Cuda responded noting the City of McHenry has procedures and policies in
place requiring all new construction to be responsible for their impact on existing City
residents and businesses. Alderman Baird disagreed. A lengthy discussion followed. Mr.
Green stated according to the fiscal study submitted, the new Shamrock Farm residents
will pay more than their fare share as their assessed value will exceed the current average
assessed value within the City of McHenry. Mr. Green also noted the annexation
agreement also requires higher Developer Donations, Operational Fees and Sewer and
Water Capital Development Fees. In addition, the developers will be required to make
significant roadway improvements. Mr. Green also noted residential development attracts
additional commercial development.
Scott Hunt of 337 Draper Road addressed Council noting the incompatibility of
quarter acre lots backing up against five and twelve plus acre lots. In addition, Mr. Hunt
opined the proposed new development will not pay their own way and will negatively
impact both school districts. Mr. Green noted the developers have agreed to consider and
revise the proposed concept plan to accommodate additional feathering along Draper
Road. Mr. Green also noted it is anticipated the single-family homes contained within this
development will sell for at least $225,000. The purchase price of single-family homes
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located between Curran and Draper Road will average between $250,000 and $260,000.
The purchase price of single-family homes west of Draper Road will exceed $300,000.
Patty Schott of 6118 Chickaloon Drive addressed Council requesting clarification
regarding Park Developer Donation Fees. Mayor Cuda explained all Park Developer
Donation Fees collected are placed in a separate segregated fund and are designated for
park development only. In addition, Council clarified the collection of Developer Donations
for each of the taxing bodies, noting the money collected for the school districts are divided
65% for the Elementary School District 15 and 35% for High School District 156. Monies
collected can be used for land purchase and building construction.
Tom Fenwick of 401 Draper Road addressed Council inquiring why the developers
are resisting taking responsibility for their impact on the neighborhood and the City of
McHenry in general. Mr. Green objected stating the developers are paying for their fair
share of the proposed development's impact on the community and neighborhood,
specifically on the existing roadway network. Mr. Green stated the developers have agreed
to pay their proportionate share of all aforementioned roadway improvements. Mr. Green
also noted, responding to Mr. Fenwick's inquiry, offsite improvements will occur as per the
City of McHenry's direction. Mr. Green also noted with the proposed annual building permit
cap, it is anticipated the amount of permit activity initiated by the proposed development
will not drastically affect the City of McHenry. The City of McHenry has in the past
adequately absorbed the construction of 200 homes within a year. Mr. Green also noted
the proposed development incorporates sidewalks on both sides of the streets, except in
the RS-1 Neighborhood. Mr. Green also stated sidewalks will be installed on one side of
the street located within the RS-1 Neighborhood. A lengthy discussion followed regarding
the benefits of the proposed subdivision.
Joy Martin of 7420 Bull Valley Road addressed Council, expressing her concern
with ground water. Mr. Green noted it is still early in the proposed developmental process,
and although some soil borings have occurred, additional engineering will be conducted
addressing ground water levels. He noted as the developers they are obligated and
directed to design and engineer the proposed development so that it does not negatively
impact adjacent property.
Jim Fitch of 8108 Crystal Springs Road addressed Council inquiring as to the
proposed plan to protect the Boone Creek watershed. Mr. Green noted the developers had
met with David Brandt of McHenry County Water and Soil District and have agreed to
incorporate as many of the managerial practices recommended by Mr. Brandt as permitted
and agreed to City engineering firm Baxter and Woodman. In addition the covenants will
restrict phosphorous or non-organic fertilizers. Mr. Green also noted the developers have
agreed to design for any wetland mitigation and to filter the water in an open area prior to
reaching Boone Creek. --�
Sara Moran of 6703 Bull Valley Road addressed Council requesting Council
elaborate on how future development will be limited. Mayor Cuda noted the only residential
development currently before the City of McHenry is the proposed Shamrock Farm
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Development. In addition, the annexation process is a very long detailed analysis and
averages a period of 2 to 3 years.
Pat Morehead of 1909 Black Oak Drive addressed Council noting the incompatibility
of the Bull Ridge Subdivision and the proposed Shamrock Farm Subdivision. He requested
Council consider approving the Shamrock Farm Development in a manner compatible with
that of the Bull Ridge Subdivision. Staff noted the Bull Ridge Subdivision is not included in
the City of McHenry's corporate limits. Mr. Morehead suggested the City of McHenry
permit the Shamrock Farm to be developed within the County.
Jim Stobbe of 210 Draper Road addressed Council, asking whether the proposed
roadway improvements will affect his home located at the intersection of Draper and Trey
Roads. Mr. Green responded stating the developers are not planning improvements to
Draper Road at that corner. In addition, in response to Mr. Stobbe's request, Mayor Cuda
stated the annexation agreement will include language requiring a landscape easement
around all property surrounded by the proposed Shamrock Farm Development.
Motion by McClatchey, seconded by Glab to recess the Public Hearing to consider
an annexation agreement, zoning reclassification, and preliminary plat approval for the
proposed Shamrock Farm Property, located south of Route 120, north of Bull Valley Road
between Curran Road and Draper Road, and consisting of approximately 600 acres, until
Tuesday, February 13, 2001 at 7:30 p.m. in the McHenry Municipal Building Council
Chambers.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird
Voting Nay: None
Absent: None
Motion carried.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:58 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird
Voting Nay: None
Absent: None
Motion carried.
The Special Meeting was adjourned at 9:58 p.m.
1. .
MAYOR CIV CLERK , ,