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HomeMy WebLinkAboutMinutes - 08/23/1990 - City CouncilSPECIAL MEETING THURSDAY, AUGUST 23, 1990 A Special Meeting of the McHenry City Council was called to order by Mayor Busse on Thursday, August 23, 1990 at 8:00 P.M. at City Hall. At roll call the following Aldermen were present: Bolger, Donahue, Lieder, Patterson, Serritella, Smith, Teta. Absent: McClatchey. City staff in attendance were Assistant to City Clerk Marth, City Administrator Peterson and Building & Zoning Officer Halik. The purpose of the Special Meeting was to: (1) discuss the Meyer Material Annexation Agreement; (2) approve an amendment to the Flood Insurance Ordinance; and (3) any and all other business that may come before the Council. Representing Meyer Material were Allen Miller and Attorney Tom Rausch of the law firm of Holmstrom & Kennedy, in Crystal Lake. Also in the audience was Attorney James Bishop of Bishop, Callas & Wagner, Crystal Lake, representing objectors to the Meyer annexation, Ridge Road Venture and Brittany Builders. Mayor Busse gave a brief history of the previous Meyer Material (formerly McHenry Sand & Gravel) annexation proceedings that was before the Council approximately two years earlier and the subject 40 acre annexation petition that received an affirmative recommendation from the Plan Commission and Zoning Board of Appeals along with a variation on the requirement of filing certain documentation. Attorney Rausch explained the phasing and sequence of mining for the existing 440 acres plus the current 40 acre annexation. He said that the Petitioners were requesting annexation and rezoning of the property in line with the conditions that had been approved on the previous annexation agreements and that it would run concurrent with those agreements so that all occurrence dates would be the same. Rausch stated that the variation requested was to grant the Petitioners a variance from filing certain redundant materials for this annexation that were filed in the 1988 annexation proceedings; since no changes would have been made in that material. During the question and answer period that followed, the matter of Attorney James Bishop's objection letter of August 16, 1990 was discussed. Mayor Busse reported that the objections raised concerning the filing requirements of certain material was a policy question to be answered by the City Council when it either accepts or rejects the favorable recommendation of the Zoning Board of Appeals on the variance to those filing requirements. Motion by Smith, seconded by Serritella to set aside the concerns stated in the letter from Attorney Bishop, dated August 16, 1990, in that the Council feels it has enough information previously filed to proceed with the current annexation proceeding and to concur with the Zoning Board's recommendation to grant the variance in the filing requirements of those materials. During the discussion that followed, Mayor Busse recognized Attorney Bishop who stated the following objections to the annexation: - That he could not fairly represent his clients or judge the merits of the Petition because there was not enough detailed information in the Petition; That the annexation of the property and the granting of the mining use was totally unnecessary because the Petitioners have 35 to 50 years of gravel reserve; and That a variation is not meant to avoid the substantive portions of an ordinance and give selective petitioners a waiver from the ordinance requirements. The Mayor asked Attorney Rausch if he wished to respond to Attorney Bishop's statements. Rausch said that in October, 1989 the Petitioners appeared before the Council and advised the Council that they would be asking for a variation on the filing requirements because all the information (which was voluminous) had been filed in M4 c` 11138-8 and Thursday, August 23, 1990 Page 2. had not changed. He said he felt the concensus of the Council was to proceed. Rausch also stated that at the second Zoning Board hearing, which was requested by Attorney Bishop, not one objector or witness testified and that no evidence was presented at that time. Rausch asked that Bishop's objections be denied. Mayor Busse asked for a vote on the motion by Smith. Discussion resumed with some members of the audience asking to be heard. Mayor Busse stated that the public input, testimony and cross-exmmination portions of the subject annexation had been previously conducted at the Zoning Board hearing and declared that this meeting would not reopen the debate on the merits of this petition from one objector's written letter. Motion by Teta, seconded by Lieder, to table the motion. Voting Aye: Lieder, Teta, Donahue, Bolger, Patterson Voting Nay: Serritella, Smith Absent: McClatchey Motion carried. Alderman McClatchey arrived at 8:45 P.M. The Annexation Agreement was reviewed paragraph by paragraph. The following changes and additions were made: Addition: Topographical surveys to be provided after each reclamation phase is completed. Addition: Berming shall also be done on the easterly edge of the 40 acres. Change: The annexation fees for this 40 acre parcel are $.0375 per ton payable in advance on an estimated yearly basis beginning no later than 6 months from the date of approval of the Annexation Agreement or when they begin to mine the 40 acres, whichever occurs first. The mining of the property could possibly begin in the spring of 1991. An adjustment credit or debit for the following year would be made at the City's year end. In addition, restructuring of the current annexation fees on the existing 440 acres was made as follows: PROPOSED FEES: 1 - 10,000,000 tons 10 - 20,000,000 tons 20 - 30,000,000 tons 30 - 40,000,000 tons 40 - 50,000,000 tons 50 - 60,000,000 tons 2t per ton 2 1/2e per ton 3t per ton 4¢ per ton 50 per ton 6¢ per ton CURRENT FEES NOW BEING COLLECTED IN MONTHLY INSTALLMENTS: 4-1-88 to 3-31-93 inclusive 20 per ton 4-1-93 to 3-31-98 inclusive 2 1/20 per ton 4-1-98 to 3-31-03 inclusive 30 per ton 4-1-03 to 3-31-08 inclusive 40 per ton 4-1-08 to 3-31-13 inclusive 5L per ton 4-1-13 until termination of Con- ditional Use Permit operations 60 per ton ', `,'1,-- ;c Mpvor Napo ri al v nnfidpr navinn Thursday, August 23, 1990 Page 3. Also agreed to was a modified collection of the annexation fees on the 440 acres. On an ongoing basis, the annexation fees collected on a monthly basis would be collected as a lump sum each May 1st beginning May 1, 1991. Each year the fee would be billed in advance based on the previous year's tonnage and the next year's anticipated fee per ton as stated above. Motion by Lieder, seconded by Patterson to pass an ordinance approving the Annexation Agreement as amended and authorizing the Mayor and City Clerk to execute said Agreement, after the City Attorney approves the amended version. Voting Aye: Lieder, Teta, Donahue, Bolger, Serritella, Patterson, Smith, Busse Voting Nay: McClatchey Absent: None Motion carried. Motion by Smith, seconded by Donahue, to pass an ordinance annexing the 40 acre parcel and to accept the recommendation of the Zoning Board of Appeals: (1) zoning the property "RS-l" Single Family Residential District with an "A-M" Agricultural & Mining Overlay District; (2) the issuance of a Conditional Use Permit for the extraction of gravel, etc.; and (3) the granting a variation from the filing requirements of Section XIII A.5 of the Zoning Ordinance. Voting Aye: Lieder, Teta, Donahue, Bolger, Serritella, Patterson, Smith, Busse Voting Nay: McClatchey Absent: None Motion carried. Mayor Busse declared the Meyer Material annexation hearing closed at 9:46 P.M. The next agenda item was an amendment to the Flood Insurance Ordinance required by the Federal Emergency Management Agency (FEMA) for the City to remain eligible for flood insurance benefits. Motion by Teta, seconded by Lieder, to pass the amendment to the Flood Insurance Ordinance (Chapter 8 of the Municipal Code) as presented. Voting Aye: Lieder, Teta, Donahue, Bolger, Serritella, Patterson, McClatchey, Smith Voting Nay: None Absent: None Motin carried. Motion by Smith, seconded by McClatchey, to adjourn. Voting Aye: Lieder, Teta, Donahue, Bolger, Serritella, Patterson, McClatchey, Smith Voting Nay: None Absent: None Motin carried. There being no further business before the Council, the meeting adjourned at 9:49 P.M.