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HomeMy WebLinkAboutMinutes - 01/23/1990 - City CouncilSPECIAL MEETING TUESDAY, JANUARY 23, 1990 8 P.M. A Special Meeting of the McHenry City Council was called to order by Mayor Busse on Tuesday, January 23, 1990 at 8 P.M. at City Hall. At roll call the following Aldermen were present: Bolger, Donahue, Teta, Smith, Patterson, Serritella. Lieder arrived at 8:45 P.M. Absent: McClatchey. City staff in attendance were Director of Public Works Batt, Attorney Narusis, Clerk Gilpin, Building & Zoning Officer Halik. In attendance were petitioners Donald and Roger Gerstad of Gerstad Builders, their Attorney Sam Diamond and their Engineer John Smith of Smith Engineering. Also in attendance was Attorney Susan Connelly, representing Shamrock Beef Cattle Farm and Court Report Cherly Barone. Mayor Busse announced that the purpose of the meeting was to discuss the proposed annexation of a subdivision known as Deerwood Estates located on the east side of Ridge Road approximately 6,000 feet south of the intersection of Ridge Road and Illinois Route 120. It is composed of approximately 113 acres. The property in question is rectangular in shape and the 7 acres fronting on Ridge Road in the center of the parcel is not included in these annexation proceedings. The property in question is basically vacant except for a machine shed which was to be removed. Zoning adjacent to the proposed annexation is RS-1 to the north, which is Burning Tree Subdivision located in the City of McHenry with surrounding areas to the east, south and west -are all zoned County A-1. The property in question is held in a land trust in McHenry State Bank and Don Gerstad is the sole beneficiary of the trust. Mayor Busse said that there were many questions regarding engineering and storm water run-off on this property but they would not be discussed at this meeting because those concerns would be addressed when the final plat is prepared and Baxter & Woodman would 'work -with the developer's engineer to assure that the proper methods had been. developed to handle these engineering problems. Attached to the petition for annexation as presented at this meeting was an annexation agreement which was to be discussed this evening. Gerstad plans to develop the property as an RS-1_single family development. The territory would be served with private septic systems and individual wells. Gerstad was asking for a variation on the street surface width to 27 feet instead of 34 feet. The right-of-way would still be 60 feet. Gerstad also asked that the property be allowed to be used for farming as long as there are no animals on the property until construction takes place. Gerstad said he plans to develop the land into 107 lots with the market value of the houses to range from $175,000 to $300,000. The average lot size would be 39,200 square feet. The parcel is presently zoned E-3 Estate zoning in the County which requires a minimum lot size of three acres. Motion by Patterson to require that the minimum lot size for this subdivision be one acre. Motion failed for lack of a second. Motion by Teta, seconded by Patterson, to require the minimum lot size for this subdivision be three acres. Voting Aye: Teta, Patterson, Lieder. Voting Nay: Bolger, Donahue, Smith, Serritella. Absent: McClatchey. Motion did not carry. Motion by Patterson, seconded by Teta, to require that the minimum lot size for this subdivision be two acres. Voting Aye: Teta, Lieder, Patterson. Voting Nay: Bolger, Donahue, Smith, Serritella. Absent: McClatchey. Motion did not carry. Motion by Smith, seconded by Serritella, to accept 39,200 square feet for the average lot size of this subdivision with the minumum lot size to be 30,000 square feet as required in the RS-1 zoning classification. Voting Aye: Serritella, Smith, Donahue, Bolger. Voting Nay: Patterson, Lieder, Teta. Absent: McClatchey. Motion carried. Tuesday, January 23, 1990 Page 2 The Annexation Agreement was then reviewed paragraph by paragraph. The following consensus was reached: In Paragraph 9 on Page 4, the last sentence was deleted. Paragraph 12 on Page 5 was amended. Paragraph 13 on Page 5-annexation fees were set at $500 per acre due upon annexation and $300 per unit payable at issuance of building permit. Paragraph 14 on Page 5 was deleted. All of Paragraph 16 was deleted accept subparagraph F. All of Paragraphs 17, 18 and 19 were deleted. Mayor Busse called for a recess at 9:55 P.M. The meeting reconvened at 10:05 with everyone still in attendance. Motion by Serritella, seconded by Donahue, that if the Plan Commission and the City Engineer determine that there should be collector streets in the subdivision, those collector streets must be 32 feet in width and the Council would allow a variation of 27 feet for all other streets. Voting Aye: Bolger, Donahue, Lieder, Smith, Patterson, Serritella. Voting Nay: Teta. Absent: McClatchey. Motion carried. Motion by Patterson, seconded by Lieder, to eliminate the last sentence in Paragraph 9 on Page 4 of the proposed annexation agreement. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson, Serritella. Voting Nay: None. Absent: McClatchey. Motion carried. Motion by Smith, seconded by Donahue, to set the annexation fees for this subdivision at $500 per acre payable at time of annexation and $300 per unit payable upon issuance of building permits with all fees to be paid within 24 months of the date of annexation. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson, Serritella. Voting Nay: None. Absent: McClatchey. Motion carried. Discussion on park donation of land, cash or a combination was deferred until after the Plan Commission considers the preliminary and final plat of the subdivision. Attorney Narusis asked that a letter be submitted from the Illinois Department of Health stating that the preliminary plat is not going to violate the provisions of the ground water protection act. Since none of the agencies involved appears to be willing to put anything in writing, John Smith said he would attempt to get some correspondence from them but no one had been successful in the past in getting anything from the Illinois Department of Health on that matter. It was decided to have the Attorneys revise the Annexation Agreement as discussed at this meeting tonight and then present it for approval at a meeting on February 28, 1990 at 8 P.M. Motion by Smith, seconded by Patterson, to adjourn this annexation hearing to Wednesday, February 28, 1990 at 8 P.M. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson, Serritella. Voting Nay: None. Absent: McClatchey. Motion carried. Meeting adjourned at 11;15 P.M. C. CITY CLERK