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HomeMy WebLinkAboutMinutes - 09/22/1993 - City Council SPECIAL MEETING SEPTEMBER 22, 1993 A Special Meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, September 22, 1993 at 7:30 PM. in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Bates, Lawson, Baird. Absent: None. City Staff in attendance: City Clerk Gilpin, City Administrator Peterson, City Attorney McArdle, Director of Public Works Batt, Director of Building and Zoning Lobaito. Also in attendance were petitioner Brian Cunat, and his attorney John Roth. Cheryl Barone, Court Reporter, was also present. Mayor Cuda announced that the purpose of the meeting was to conduct a Public Hearing and discuss the Cunat annexation and zoning request. He asked the petitioner to give a brief presentation with respect to the history of this petition. Cunat presented a concept plan for 22 acres of land located on the east side of the Chicago Northwestern Railroad tracks, immediately north of the Mill Creek Subdivision and south of Petersen Park along McCullom Lake Road. The property is zoned Agriculture in the County, as is the property directly east of them owned by the Inland Group. The petition was originally brought for zoning and annexation to the Council on August 13, 1992. His original concept plan consisted of 136 townhouses, and 13 residential lots to the south. The City Council at that time gave Cunat direction and instruction that they would prefer to see less multi-family and more single family. They went to the Zoning Board of Appeals on December 7, 1992, and received the unanimous recommendation from the Zoning Board for their plan, except the Zoning Board requested that the proposed duplexes on the very north end of the plan be single family. Cunat submitted that plan to the Council tonight in addition to a more updated plan that indicated only single family, and not any multi-family, would be built on the property. The updated plan also had revisions on road configurations and some options for better traffic flow through the property. During discussions at this meeting about annexation fees, it was pointed out that the fees would be $1 ,000 per acre, or a total of $22,000 that would be payable upon annexation. Cunat said that was agreeable with him. He also had no objection to paying the $500 per unit, payable at time of building permit. Cunat also agreed to pay an operations fee to the schools of $1 ,500 per unit, payable at time of building permit. Attorney Roth said the developer was also agreeable to the language being worked out in the Gerstad agreement with respect to provisions involving the challenging of the fees and the amount set forth in the agreement concerning school donations and school fees, assuming that it's eventually approved with respect to Gerstad. To clarify, Attorney McArdle said that in the Gerstad draft, the current developer donation fees for schools were increased by 110%, and that was set forth in the chart in the agreement. With that, there will be an increase annually along the lines of the CPI. In addition, there will be an increase, if any, between what the current ordinance is set at for developer donation fees, and the rate at which that is increased at whatever point in time the Council decides to increase it. So there could be potentially two increases for the developer in the Gerstad situation. Cunat and Roth both said they would be agreeable to that language. Cunat also agreed that the operational fee of $1 ,500 per unit would be paid at the time of building permit, and that if building permits have not been issued on any lots after 30 months, that the developer would pay the total amount for those unbuilt lots. That time frame is started at the time the final plat is signed. Cunat said he would agree to that. Discussion took place on donation of park land. Bates related that Park Director Merkel told him that when the conceptual plan was brought before the City Council the first time, the Park Department would have liked the developer to donate a strip of land along the west side of the property, adjacent to the railroad tracks. That was originally planned to accomodate a County bike trail . Now that the McHenry County Conservation District has bought 20 feet along the railroad right-of-way, it was not necessary that the City require a strip of land along the tracks. September 22, 1993 Page 2 It was Merkel 's recommendation that either a cash donation be made, or a combination of a cash donation and alternate acreage be made to the City. Bates said that Merkel mentioned access from Petersen Park to the southern land and some type of cash donation might be agreeable. Merkel felt that it would not be in the best interests of the City to accept the land that was previously requested. Peterson suggested that some access should be made to Petersen Park from the subdivision, possibly a walk path. Cunat said that he would be agreeable in meeting the current Park contribution guidelines, either with cash or a combination of both cash and land. Discussion also took place on enlarging the Willow Street lift station to accomodate the proposed subdivision. This would be an up-front cost to the petitioner because the work would have to be done immediately. Cunat pointed out that he was aware some improvements needed to be made for sewer such as oversizing some lines and upgrading some lift station pumps. This was not a new subject to him. He agreed those improvements would have to be put in before any house was built. Since there is no room now to add any houses to that lift station, he agreed that improvements would have to be made. Attorney McArdle asked if Cunat would be willing to pay for the oversizing of the lift station and the main to service Inland and other related property in the area with a Recapture Agreement. Cunat said he would be willing to absorb the cost of whatever his property would put into the system. He said they were willing to oversize some lines and do other work as long as they got adequate recapture from future development. Under density, Attorney Roth explained that all 22 acres would be RS-2 zoning. Under the RS-2 zoning, the plan showed 65 units. However, Cunat explained that the concept plan presented tonight also showed the strip of land that was to be donated to the parks. Since that is no longer necessary, it might change the layout of the subdivision and could result in a few more lots. However, Cunat pointed out that some land will probably be set aside for water retention and other issues which would cut into the number of homes. He could not at this time say exactly what the number of homes would be built there. When asked if he had done preliminary engineering on the property, Cunat replied that he had spent over $30,000 in various forms of engineering over the past five years that they have owned the property. He said they had done a lot of studies on different road layouts, different road locations, oversizing lines, running new mains to different parts of the City, and looking at stubbing for a north sewer plant. The main concern of the Council was the storm water outflow. Cunat said they would follow the current ordinances which say you cannot have water running off the property as it does now. Retention areas would be put in and a pipe allowing an outflow at a certain level would eventually flow into Boone Creek. He felt the problems with flooding in the Mill Creek Subdivision would be greatly improved if the property was developed and proper engineering was implemented to handle the storm water problems. Another concern of the Aldermen was whether the lots were buildable, since the water table seemed to be very high out there. Cunat replied that it was an engineering problem, and their engineers would determine how deep retention ponds should be, and how the run-off would be controlled. Cunat said they have done extensive work on the soils out there, and have three different opinions from three different builders or architects or engineers on the fact that this is a site that is very dryable, a very buildable site. He also said they had done a lot of cost analysis, and there is no question that this is not just a buildable site, but it is viable and a financially feasible project to go forward with. Attorney Roth said Cunats would like to know that they have a specific type of zoning and are working within certain rules and/or restrictions set forth in an annexation agreement before they go further. They were asking that the Council give them the RS-2 zoning as requested. Some Aldermen felt a preliminary plat should be presented before RS-2 zoning was granted for sure. Alderman Bates had concern about the ability to build on the land because of the peat conditions and the high water table. Cunat pointed out that they would follow all the building regulations and would not htH14 hnmac that tiara not iin to ctantiarri_ September 22, 1993 Page 3 Cunat said he would agree to provide what is new in the industry, which they do currently on their sale units. They would be willing to provide what is called a ten-year extended warranty. It is basically an insurance policy and insures to the people that if there is a problem, it will be taken care of. The developer pays for the policy. The developer does inspections along the way, and pays for the policy at the end. All of the units at Irish Prairie were under that same type of program. September 22, 1993 Page 3 Roth said they were asking for direction on their proposal . Cunat said that he has heard what the Council is saying about soil concerns, and stormwater drainage, and he feels they can answer that. Cunat was concerned about roads. At this time, his only access point would be on Donovan into Mill Creek Subdivision. Until Inland property on the east comes in, that would be his only access point. Alderman Bates objected to that traffic coming in through the Mill Creek Subdivision. He felt the traffic density would be very injurious to a lot of people on Donovan and would also create other problems in Mill Creek Subdivision onto Orleans. He did not want any entrance or exit into Mill Creek from the subdivision. Following discussion, Mayor Cuda suggested that the plan should be presented to the Plan Commission. Motion by Lawson, seconded by Locke, to refer this matter to the Plan Commission. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Since it was a public meeting, Mayor Cuda asked if anyone in the audience wished to speak on the Cunat concept plan. Martin Stoffel of McCullom Lake Road addressed the Council and expressed his concern over water that is on the property. He was also concerned about what would happen to his well if the property was developed. Another concern was the traffic that would be placed onto McCullom Lake Road. Rory Mattoli , of 4011 Prestwick, said he was irritated that this project was even being brought before the Council . He felt is was all wrong. He had lived there 4 and 5 five years, and his sump pump was running all the time because of the groundwater. He was also concerned about the traffic and the children that would be generated from this subdivision. Mayor Cuda then adjourned the Public Hearing at 9:10 P.M. Discussion was then held on a proposed ordinance which had been drafted by City Attorney McArdle concerning changes in the C-4 zoning classification. Lengthy discussion ensued. Motion by Baird, that the Council go ahead and change the permitted uses as proposed by Aldermen Baird and Bolger, and change them into conditional uses in the C-4 Zoning District. Following further discussion, Alderman Baird withdrew his motion. The City Attorney was instructed to amend the regulations in the same C-4 zoning district as discussed tonight, and revise the ordinance which will be submitted to the City Council at the next meeting. A petition for a hearing will be drafted to the Zoning Board of Appeals. Following the hearing, the ZBA will make its recommendation and it will be brought back to the Council for final action. September 22, 1993 Page 4 EXECUTIVE SESSION Motion by Lawson, seconded by Locke, to go into Executive Session at 10:07 P.M. to discuss property acquisition and litigation. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Locke, seconded by Bolger, to go back into Open Session at 10:25 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda reported that the McDonald's property had submitted documents prior to this meeting, and wanted them on tonight's agenda. However, since no lancke sd a chance defer theamatter1, the until the regular attorney Thomas agreed to meeting on September 29, 1993. City Attorney McArdle presented his bill for attorney fees and explained how charges were made to City accounts and Retained Personnel accounts. i nH theeported futu futuat copies re, and i f there his are any l quesll be tions,ons, mailed s a ll Aldermen should be contacted. ADJOURNMENT Motion by Bates, seconded by Lawson, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting adjourned at 10:30 P.M.