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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.