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HomeMy WebLinkAboutMinutes - 07/29/1987 - City Council (2)SPECIAL MEETING TUESDAY, JULY 28, 1987 8:00 P.M. A Special Meeting of the McHenry City Council was called to order by Mayor Busse on Tuesday, July 28, 1987 at 8:00 p.m. in City Hall. At roll call the following Aldermen were present: ,,Bolger, Lieder, McClatchey, Nolan, Patterson, Smith, Teta. Absent: Serritella. City staff in attendance- were: Supt. Batt, Building & Zoning Officer Zabor, Adm. Asst. Marth, and Attorney Narusis. Absent: Chief Joyce, Clerk Gilpin, Park Director Merkel. Mayor Busse announced that the Special Meeting was called for the purpose of conducting a hearinq on the Thornton Farm Annexation Agreement proposed by Gerstad Builders, Inc. The Special Meeting Council Meeting Attendance subject property is vacant, containing approximately 50 acres more or less and is contiguous and immediately adjacent to the corporate boundaries of the City. The property is located on the East side of Crystal Lake, Road approximately one-half mile South Annexations of McHenry High School West Campus and one-half mile North of the of Bull Valley Road. In attendance were Donald Gerstad and Roger Gerstad, of Gerstad Builders, Inc., developer and owner of the property; Sar. Diamond, Attorney for Gerstad Builders and Kathleen Phillips, Shorthand Reporter, of Associated Reporters, Crystal Lake. Attorney Diamond presented a Certificate of Publication from the Northwest Herald showing that proper public notice of this hearing had been published in the newspaper on July 13, 1987. Attorney Diamond stated that a formal hearing on the proposed annexation was held before the Zoning Board of Appeals on June 29, 1987 and that the Zoning Board's recommendation to the City Council would be that Gerstad's request for an RS-3 zoning classification upon annexation be granted. He also stated that an informal meeting was held before the Plan Commission on July 18, 1987 at which it was the Commisson members' opinion that the proposed use of the property complied with the Comprehensive Plan and no amendment thereto was necessary. Diamond informed the Council that School District #15 has expressed an interest in purchasing approximately 12 acres of this property (the location of which is yet to be determined) with a letter of intent being issued but no final contract being signed as yet. Diamond stated that if a final contract is worked out, the School District will have to secure its own zoning as it is a separate issue. Mayor Busse asked Don Gerstad if he would supply the City with a copy of the letter of intent and Mr. Gerstad replied that he would. The Council and Attorney Narusis then reviewed the proposed annexation agreement page by page with the following additions, corrections and stipulations being made on various pages: (1) Addition of a statement that Gerstad Builders will obtain, at their cost, the off -site sanitary sewer main easements which would have to be acceptable and approved by the City in terms of their demensions and locations. (2) Correction on page 2 - relettering "F" and "G" to "E" and "F". (3) Page 3, #5 Annexation and Retained Personnel Fees - (this item was left blank on the Agreement and is to be determined at this meeting). See motion on following page for decision on fees. (4) Stipulation on page 5, #9, that any Court proceeding instituted to enforce and compel the performance of this Agreement be restricted to State Courts only and not the Federal Court. pT, Tuesday, July 28, 1987 Page 2. Failed Motions Annexations (5) Paragraph 14 on page 7, "Surface Water Detention". In clarifying this paragraph, Don Gerstad stated that the words "private ownership" did not mean a property owners association or ownership by the developer, but meant that the lots would be designed deeper by say 100 feet or so and detention easements designated toward the rear of these lots so that the owner of the lot is getting a bigger lot and is happy to mow and maintain it because it is essentially his property. But these areas designated will be for water detention and the owners understand the purpose of it. Narusis stated that some additional language changes would be made on other parts of the agreement without harming the substance of the agreement and the new draft of the agreement will include, as a party, Home State Bank of Crystal Lake which is the current title holder of record. Discussion followed on the subject of setting a policy for annexation fees with Mayor Busse proposing the following fee schedule: $500 per acre payable at time of annexation plus $300 per residential unit payable at time of issuance of a building permit. Motion by Bolger to set the annexation fee for this annexation at 1300.00 per acre, payable at time of annexation, plus a $300.00 fee per residential unit, payable at the time the building permit is approved. Motion failed for lack of a second. Motion by Teta, seconded by Patterson, to adopt an annexation fee policy for annexations as follows: $500 per acre annexation fee payable at the time the annexation agreement is adopted, plus $300 per residential lot payable at the time of issuance of the building permit, with the total unpaid balance of the annexation fees being payable on all lots for which building permits have not been issued no later than three (3) years after the date that the Final Plat is approved by the City Council. Voting Aye: Lieder, McClatchey, Nolan, Patterson, Smith, Teta. Voting Nay: Bolger. Absent: Serritella. Motion carried. Motion by Smith, seconded by Teta, to direct Attorney Narusis and Attorney Diamond to get together and draft an Annexation Agreement incorporating the corrections, additions and stipulations discussed and re -submitting it in final form for Council approval. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Patterson, Smith, Teta. Voting Nay: None. Absent: Serritella. Motion carried. Motion by Teta, seconded by Nolan, to recess this meeting to August 12, 1987 at 8:00 p.m. for approval of the final draft of the Annexation Agreement. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Patterson, Smith, Teta. Voting Nay: None. Absent: Serritella. Motion carried. Meeting recessed at 9:42 p.m.