HomeMy WebLinkAboutMinutes - 05/11/1992 - City CouncilSPECIAL MEETING
BACKHAUS-BRACKMAN AMENDED ANNEXATION AGREEMENT
may 11, 199T-
A Special Meeting of the McHenry City Council was called to order by
Mayor Busse on Monday, May 11, 1992 at 7:30 p.m. in the Municipal Center
Council Chambers. At roll call the following Aldermen were present:
Bolger, Donahue, Locke, Lieder, Smith, Adams, Patterson, Serritella.
Absent: None. City Staff in attendance; City Clerk Gilpin, City
Administrator Peterson, City Attorney Narusis, Director of Public Works
Batt, Director of Building and Zoning, Labaito. Absent: Park Director
Merkel and Police Chief,Joyce.
The purpose of the meeting was to discuss details of an Amended
Annexation Agreement which was negotiated in prior meetings for the
Back haus-Brackman property located in the southwest section of the City.
Petitioner David Backhaus, his Attorney Richard Curran and his Land
Planner Ted Johnson, were in attendance along with Court Reporter Cheryl
Barrone.
A draft of the amended annexation agreement was before the Council
for review and clarification. The agreement was reviewed on a page by
page basis.
On page 6, paragraph 3(c), Exhibit F1 and F2 needed to be updated
and presented at the next meeting; Page 9, paragraph 6, add the words
"or more" to the last sentence of that paragraph; Page 10, paragraph 9,
the first blank should have the following language "$66,000 or fair
market value" and the second blank should have "thirty days" inserted;
Page 11, paragraph 12, first blank should have 330,000 per acre"
inserted and the second blank should have "thirty days" inserted; Page
11, paragraph 13, a new concept plan, Exhibit E, needs to be submitted
before the next meeting.
The question of phasing for the development arose at this time.
Following a lengthy discussion, it was decided that prior to approval of
a preliminary plat for the west side of the creek, the Petitioner must
submit to the City Council, a phasing and sequencing plan for how and
when the property will be developed. That is to be a separate item and
not a part of the annexation agreement.
Review of the Agreement continued. On Page 13, paragraph 15, change
"twenty years" to "ten years"; The last sentence on the bottom of page
13 should have the following words deleted; "and the owners engineers...
mutually"; Page 15, paragraph 16, insert language concerning a Class I
Bike Path, and language as outlined in the Albert's Park Ridge Annexation
Agreement concerning installation and payment of traffic signals; Page
16, paragraph 18, change the first sentence to read "Owners agree to
extend Dartmoor Drive (having a Right -of -Way width of not less than 76
feet, a paving surface of 42 feet and 17' tree banks on each side of the
road (fully improved in accordance with the City Standards and
Specifications for roads from the existing improved portion of Dartmoor
Drive to a point of intersection with Curran Road as depicted on Exhibit
E)"; Page 17, paragraph 18, insert in the blank "18 months"; Page 17,
paragraph 19, delete entire paragraph 19.
Mayor Busse called for a recess at 9:10 p.m. The meeting reconvened
at 9:25 p.m, with everyone in attendance except Alderman Serritella who
left the meeting at 9:15 p.m.
Continuing with review of the Annexation Agreement, on page 18,
paragraph 21, delete entire paragraph; Page 19, paragraph 22, insert
anguaye :,a:-ds:-ape �13ns 3s Nell as architectural plans must be
reviewed and approved by the City Council; Page 21, paragraph 31, insert
the following language after July 31, 2006, Said termination date having
been adjusted pursuant to the tolling provisions to the initial
Annexation Agreement for a period of seven years and fourteen days";
Page 22, paragraph 32, insert language that some of the newly annexed
land can be used for agricultural purposes and for raising beef cattle
only.
May 11, 1992
Page 2
At the conclusion of the review, the following items were discussed
and the Petitioner was asked to have his Attorney work with the City
Attorney to insert these additional articles in the Annexation
Agreement.
1. That the 26 acres Backhaus is now leasing from the City would be
left seeded or sodded when their lease is up and the property
was turned over to the City for park land.
2. Language should be inserted that if the home on the Backhaus
farm is determined by the Landmark Commission to have historic
value, the Landmark Commission will have a certain time frame in
which to move the house before it is demolished.
3. Add language that school developer donation fees from this
development can be used for any purpose the schools can lawfully
use money for and not just be limited to property acquisition.
4. That provisions for a Class I Bike Path be inserted in the
Agreement.
5. That any litigation that could result from this Annexation
Agreement would not be held in a Federal Court.
6. That $10,200 should be put into escrow by the developer as a
portion of the money needed to install a traffic signal at
Dartmoor and Crystal Lake Roads. If the traffic signal is not
installed within ten years, the funds will be returned to the
developer. The funds must be deposited with the City within one
year after the agreement is signed.
Alderman Donahue left the meeting at 10:15 p.m.
Discussion took place on the timeframe for completion of the extension of
Dartmoor Drive to Curran Road. It was decided that the staff should sit
down with the developer and work on possible options to the matter.
Motion by Smith, seconded by Adams, to recess the Special Meeting to
Thursday, June 11, 1992 at 7:30 p.m.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was recessed at 10:30 p.m.
MOWAVARAL-14,rl