HomeMy WebLinkAboutMinutes - 07/12/1993 - City Council SPECIAL MEETING
JULY 12, 1993
A Special Meeting of the McHenry City Council was called to order by
Mayor Cuda on Monday, July 12, 1993 at 7:30 P.M. 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 Attorney McArdle, Director
of Public Works Batt, Director of Building and Zoning Lobaito. Absent:
City Administrator Peterson, Chief of Police Joyce, Director of Parks and
Recreation Merkel . Petitioner Roger Gerstad of Gerstad Builders was in
attendance along with his attorney, Sam Diamond. Also present was Cheryl
Barone, Court Reporter.
Mayor Cuda announced that the purpose of the meeting was to hold
further discussion on the proposed annexation agreement of Hillside
Subdivision, as continued from the June 28, 1993 meeting. The property
in question is located on both the east and west sides of Green Street,
north of Biscayne Highlands, south of the intersection of Green Street
and Bull Valley Road. It contains approximately 60.52 acres.
The object of this meeting was to get a consensus of opinion on
various issues in order to draft an annexation agreement concerning the
subdivision. Mayor Cuda turned the meeting over to Attorney McArdle who
proceeded to get a consensus of opinion from the Aldermen in order to
draft an annexation agreement.
Before getting into detailed discussions, the Council decided to take
a vote on the proposed annexation agreement dated November 11 , 1992
submitted by Gerstad at the June 28th public hearing .
Motion by Baird, seconded by Locke, that the City Council approve the
form of the annexation agreement dated November 11 , 1992 incorporating
the dollar figures as proposed by Gerstad Builders at the June 28th
public hearing, and that the City Attorney be directed to draft the
annexation agreement with those figures included.
Voting Aye: Bolger, Locke.
Voting Nay: Baird, Bates, Lawson, Cuda.
Absent: None.
�— Motion did not carry.
It was decided that this meeting should be a working meeting of the
Council , and that neither the developer nor his attorney should be
included in Council deliberations on the annexation agreement. Since the
petitioner would not be able to participate in the meeting, Aldermen
Locke suggested that the developer not be required to pay retained
personnel fees for this meeting.
Motion by Locke, seconded by Bolger, to waive the retained personnel
fees for this meeting, and that the developer not be charged for any
expense incurred tonight. .
Voting Aye: Bolger, Locke, Baird.
Voting Nay: Bates, Lawson.
Absent: None.
Motion carried.
Motion by Bolger, seconded by Locke, to dismiss the Court Reporter
and the City Engineer from this meeting.
Voting Aye: Bolger, Locke, Bates, Baird.
Voting Nay: Lawson.
Absent: None.
Motion carried.
Discussion then took place on getting a consensus of opinion on the
Bates/Lawson proposal submitted at the July 7 Regular Council Meeting.
The following items, with their consensus, were as follows:
(1 ) Reduce the number of units from 125 to 105 and require a
donation of $100,000 for schools;
Agree: Bates, Baird, Lawson, Locke, Cuda.
Disagree: Bolger.
July 12, 1993 Page 2
(2) Limit the number of building permits to be issued per year;
Consensus was to not address it in the annexation agreement, but
leave it up to the market.
Agree: Bates, Baird, Lawson, Locke, Bolger, Cuda.
(3) Increase annexation fees to $750/acre, and $750/unit;
Agree: Bates, Baird, Lawson, Locke, Cuda.
Disagree: Bolger.
(4) Require a 10 year guarantee on public property improvements in --�
the subdivision.
Agree: Bates, Baird, Lawson, Locke, Cuda.
Disagree: Bolger. (Suggested a 5 year guarantee.)
(5) Require a detention pond in the subdivision so as not to
adversely affect Hilltop Drive or other properties with run-off
water.
Agree: Bolger, Bates, Lawson, Locke, Baird, Cuda.
Mayor Cuda called for a recess at 8:45 P.M. The meeting reconvened
at 8:55 P.M.
(6) Increase the developer donation fees for schools by 5% for
2-bedroom or less, and 15% for 3-5 bedroom homes.
Agree: Bates.
Disagree: Lawson, Baird, Locke, Cuda.
No Comment: Bolger
(7) Increase library and fire district by 2 1/2% and leave parks the
same.
Agree: Bates.
Disagree: Lawson, Baird, Locke, Bolger, Cuda.
(8) Increase the school developer donation fees by 30%.
Agree: Baird, Lawson, Bates, Cuda.
Disagree: Bolger, Locke.
(9) Annually raise the developer donation fees for schools by the
cost of living increase.
Agree: Baird, Lawson, Bates, Cuda.
Disagree: Locke, Bolger.
(10) Charge developer for extension of water main between City Hall
and Hillside Subdivision to loop the water main.
Agree: Locke, Bates.
Disagree: Bolger, Baird, Lawson, Cuda.
Attorney McArdle summarized that these items would be included in the
annexation agreement:
(1 ) Reduce density to 105 homes.
(2) Require $100,000 lump sum payment.
(3) Annexation fees: $750.00 per acre: $750.00 per unit:
(4) Require a 10 year guarantee on public improvements.
(5) Have engineers solve the water run-off detention problem
affecting Hilltop Drive.
(6) Increase the school developer donation fees by 30%.
(7) Increase the annual school developer donation fees by the cost
of living percentage.
The annexation agreement as proposed by Attorney McArdle was then
reviewed page by page.
Page 3, III: Change number of lots from 125 to 105.
Page 4, Paragraph V: Include development of tot lot in Phase I.
Page 5, IX A. Annexation Fees: Revise numbers with $750 per acre and
$750 per unit in Items No.l and 2. ;
Get amount of the lump sum for Item No. 5
Page 6, Item No.7: Developer donation fees are to remain with the City
until an indemnification agreement is signed by the
schools.
Page 7, Item No.6: Determine date for conveyance of park property and
require that sidewalks be installed around the
perimeter of the tot lot.
July 12, 1993 Page 3
Attorney McArdle was instructed by the Council to revise the
annexation agreement as proposed at this meeting, and present it to the
Council at a later date.
Alderman Bolger left the meeting at 9:50 P.M.
NORTHSHORE PERFORMANCE BOND
Director of Public Works Batt reported that Northshore Waste Control
Company, who was just awarded the City's contract for an exclusive
scavenger license, had proposed that instead of submitting a $500,000
surety bond as required in the new contract, that he just meet the City's
requirement that a waste hauler submit a $250,000 surety bond.
Northshore proposed to acquire a $250,000 surety bond, which would meet
the City's requirement, and donate the difference in money it would cost
for the additional $250,000 bond to the City instead of paying the money
to the insurance company. The money could be used for refuse services,
such as purchase of recycling bins, promotional recycling materials, etc.
It was the consensus of the Council that since this was the City's
first experience with Northshore Waste Control Company, a $500,000 bond
should be required during the first year of the contract. The proposal
could be reconsidered after one year.
ADJOURNMENT
Motion by Bates, seconded by Locke, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:55 P.M.