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HomeMy WebLinkAboutMinutes - 04/07/1992 - City CouncilSPECIAL MEETING April 7, 1992 A Special Meeting of the McHenry City Council was called to order by Mayor Busse on Monday, April 7, 1992 at 7:30 p.m. in the Council Room at the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Adams, Smith, Serritella. Donahue arrived at 7:55 p.m., Patterson arrived at 8:10 p.m. Absent: Lieder. City Staff in attendance were City Clerk Gilpin, City Administrator Peterson, and City Attorney Narusis. Also in attendance: Petitioner David Backhaus, his Attorney Richard Curran, his Land Planner Ted Johnson and Court Reporter Cheryl Barone. Mayor Busse announced that this meeting was recessed from February 24, 1992. The purpose of 'the public hearing was to consider the annexation of three parcels of land and the amendment of an existing annexation agreement dated July 16, 1979 for the Backhaus-Brackman property located in the southwestern part of town. The meeting this evening was for further discussion of terms and conditions for the existing annexation agreement and to draft a new annexation agreement for the three additional parcels of land. ITEMS PREVIOUSLY AGREED UPON Mayor Busse announced that the majority of Aldermen have agreed that it is in the City's best interest to renegotiate and negotiate amendments to the original annexation agreement with the Backhaus family who are now going to be developers of the property. The Council has recognized that the provisions of the previous annexation agreement are still in force, although it was agreed that several of those conditions were not in compliance with the original annexation agreement and those are to be resolved through further negotiations. The Council also agreed to keep the provision of the developer extending Dartmoor Drive westward to Curran Road including construction of a bridge across Boone Creek at a location to be determined. Also the Council agreed in principle, to negotiate an intergovernmental agreement with School District #15 regarding a possible lease of land for a future school site on City park property. AGENDA FOR THIS EVENING 1. Discuss single family zoning classification west of Boone Creek. 2. Discuss connection of the development's sanitary sewer system either to the Central or South Waste Water Treatment Plant according to the City's Master Plan. 3. Discuss land uses on the northwest corner of Bull Valley and Crystal Lake Road, preferably 0-2 for office uses and C-3 for the balance of the property with some minor exceptions . 4. Discuss phasing and timing of the project and when improvements need to be in place. 5. Discuss timing of payment for Developer Donation Fees. 6. Review questions on economic impact analysis. 7. Determine amount of annexation fees; $500 per acre and $500 per unit for newly annexed lands. 8. Determine specific location for water storage and tower sites on the property. ISSUE ONE Backhaus agreed to an RS-2 Single Family classification on the west side of the creek. A 31 lot buffer of RS-3 would be on the east side of the creek between the existing single family lots and the proposed new developnent. April 7, 1992 ISSUE TWO Page 2 City Administrator Peterson reported that the City Sewer and Water Master Plan calls for the sewerage from this development to go to the South Waste Water Treatment Plant. Prior to the construction of the South Waste Water Treatment Plant all sewerage was to go to the Central Waste Water Treatment Plant which is what the plans showed when this property was originally annexed in 1979. The Master Plan now shows that a force main and lift station are necessary to service this property. The petitioners said they understood the City's position and were reconciled to the fact the sewerage would go where the City Engineers specified. However, they wanted a recapture agreement for any oversizing of the sewer lines and wanted the City obtain the necessary easements in order for them to hook up to the South Waste Water Treatment Plant. It was agreed that if the City saw a need for oversizing those lines, a recapture agreement could be included in the annexation agreement. The recapture agreement would be just for any oversizing and the service area for the recapture agreement would be determined by the City Engineer. Alderman Locke requested that discussion be held on whether or not Backhaus should be required to pay for some type turn around for the existing homes on Dartmoor Drive east of Boone Creek to give them safer access to Dartmoor Drive. Backhaus felt this was not his reponsibility and other Aldermen present felt Backhaus should be required to provide this relief. Backhaus stated that no driveways west of the creek in his subdivision would have driveways onto Dartmoor Drive to avoid this problem. ISSUE THREE - Land Uses Developer agreed to C-3 on the corner with minor exceptions and that no gas station would be permitted. He also agreed to delete other items from the C-3 permitted uses list. ISSUE FOUR - Phasing and Timing Lengthy discussions took place on the phasing and timing of the project and which improvement would be done first. Motion by Bolger, seconded by Adams, to put in the annexation agreement that the developer is to apply for a bridge permit within six months after the annexation agreement is signed; construction of the bridge is to commence within eighteen months after the annexation agreement is signed with construction of the bridge to be complete within 24 months after the annexation agreement is signed and a special letter of credit for construction of the bridge only is to be posted with the City. Motion by Patterson, seconded by Locke to amend the motion that if the Federal Government should turn down the petitioners application, that the cost that would have been required to build the bridge, at that time, the money should be given to the City for the estimated cost of the engineering and construction of the bridge and that the money be designated for any roadway improvements in the city. Voting Aye: Locke, Patterson. Voting Nay: Donahue, Bolger, Serritella, Adams, Smith. Absent: Lieder. Motion did not carry. Voting on original motion: Voting ,ye: SoIgcr, Donana, 3-4t�, adai_, ;erritella. Voting Nay: Locke, Patterson. Absent: Lieder. Motion carried. April 7, 1992 Page 3 Mayor Busse asked that the developer give serious consideration to deciding how the area on the west side of the creek will develop, because there is City owned property there which could be used for a school site and therefore, the City would need early access to that property. Peterson reported he had met with school officials and Attorney Narusis. They will be drafting an Intergovernmental Lease Agreement with School District #15 for construction of a school site on park property. Language will be worked out and it will be presented to the City Council for review before it is.presented to the School District. ISSUE FIVE - Payment of Developer Donation Fees At a previous meeting some of the Aldermen felt that developer donation fees should be prepaid for this development. Petitioner responded that he did not feel it was appropriate that his development be made to prepay the fees. They would be willing to follow the regular City ordinance concerning payment of these fees. They felt that based on the number of children estimated to cone from their development, there would be about 23 students per year put into the School District. This was based on a 15 year buildout of the project. Alderman Locke was the only one who expressed the opinion that the fees should be prepaid. ISSUE SEVEN - Annexation Fees It was the decision to charge $500 per acre and $500 per unit for the newly annexed land that would be caning into the City as has been the City's policy in past few years. The Mayor announced that the Landmark Commission is making a study of the existing hone on the Backhaus homestead site. Dave Backhaus said that if the Landmark Commission feels that the house is of value, at a given point in time when they would be done with it and prior to demolition, if the Commission wanted the house they could have it but they would have to move it to another location. The other buildings on the homestead have deteriorated to where he felt they were of no use. The house was built in 1923, and the barn in 1896. AUTHORIZE DRAFTING OF AGREEMENT Motion by Smith, seconded by Serritella to direct the City Attorney to meet with the petitioner's attorney and draft amendments to the annexation agreement, as discussed over the past few meetings. Voting Aye: Bolger, Donahue, Smith, Adams, Patterson, Serritella. Voting Nay: Locke. Absent: Lieder. Motion carried. Motion by Smith, seconded by Adams, to recess the meeting to May 4, 1992 at 7:30 p.m. to consider the draft annexation agreement. Voting Aye: Bolger, Donahue, Smith, Adams, Patterson, Serritella. Voting Nay: Locke. Absent: Lieder. Motion carried. Meeting recessed at 10:17 p.m.