HomeMy WebLinkAboutMinutes - 10/24/1991 - City CouncilSPECIAL MEETING
MONDAY, OCTOBER 28, 1991
A Recessed Special Meeting of the McHenry City Council was called to
order by Mayor Busse on Monday, October 28, 1991 at 8:05 P.M. in the
Municipal Center. At roll call the following Aldermen were present:
Bolger, Donahue, Locke, Lieder, Serritella, Patterson, Smith. Adams
arrived at 10:15 P.M. Absent: None. City Staff in attendance were:
Assistant to City Clerk Marth, Attorney Narusis, City Administrator
Peterson, Park Director Merkel, Director of Building and Zoning Halik and
Director of Public Works Batt. Absent: City Clerk Gilpin, Chief of
Police Joyce.
The Mayor announced that this Special Meeting was a continuation of
the Public Hearing from September 30, 1991 for the purpose of considering
the Petition for Annexation and Annexation Agreement of Capitol Bank &
Trust, as Trustee under Trust #1496, the beneficiaries of which are
Joseph Albert and Cragin Service Corporation, each with an undivided 50%
interest in said Trust.
The subject property consists of approximately 126.84 acres, is
located on the east side of Crystal Lake Road, south of Marietta Street
and west of the Chicago & North Western railroad tracks and is known as
Albert's Park Ridge Estates.
Mark Albert, representing Hawthorne Estates, Inc, the Developer of
Albert's Park Ridge Subdivision, was in attendance along with his
Attorney, Kenneth Glick, Land Planner Frank Salathe of Jen Land Design
and Jim Condon of Smith Engineering.
Since the audience public comments' portion of the Public Hearing was
heard on September 30, 1991, a motion was made by Locke, seconded by
Lieder, to allow the two residents who signed in this evening to again
address the Council.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Patterson, Serritella.
Voting Nay: None.
Absent: Adams.
Motion carried.
Ronna Crowley of 5215 Abbey Drive read a letter from her husband who
was unable to be at the meeting to address the Council. He objected to
the addition of more homes with children being added to the overcrowded
schools and felt that the City should raise its Developer Donation fees
to cover the cost of another school should this development proceed, and
not raise City taxes to provide new schools and roads on this and other
new developments.
Marcy Fischbach of 4813 W. Crystal Lake Road addressed the Council
stating that she represented the Kelter Street Association and felt that
although the Council had addressed the school issue, it did not resolve
the issue and also felt Developer Donation fees should be raised. She
said she had heard that the Corps of Engineers had refused Ken Fiske's
delineation of the wetlands on this development and wanted to know if
this changed the planned development and how. Mayor Busse said that the
boundaries of wetlands are not always clearly defined because the maps
are not that accurate. Condon said he was not aware of any discrepancy
with the Army Corps since the permit application has not been submitted
to them yet. He believed that the Corps could not have possibly
evaluated it since the final engineering has not been done.
Mayor Busse moved on to the revised Annexation Agreement.
Paragraphs 1 through 5: these were not changed.
Paragraph , Preliminary Plat of Subdivision: now shows the
revised a o6tober its, 199t Busse also re erenced the Memorandum
dated October 18, 1991 from Jen Land Design (attached to the minutes
herein) which addressed the revisions made to the Preliminary Plat.
Paragraph 7, School, Park, Library Contributions and Fire Protection
District: e paymen o Developer Donations was iscusse again
relative to the riming of the payments on the one-half of the required
contributions on those lots that are unbuilt in any particular phase at
the 18th month an,! 36th month from the date of Final Plat approval for
October 28, 1991 Page 2
that phase. The consensus was that these fees would be paid in
accordance with the fee schedule ordinance in effect on the 18th month
and on the 36th month based on a 3-bedroom home. If it turns out to be a
4-bedroom home, the difference would be paid to the City.
Paragraph 8, Retained Personnel Fees: Unchanged.
Paragraph 9, Annexation Fees: A fixed fee of $168,920.00 was
esta6Tis�ie� ase on 1300 per acre plus E500 per unit. Should any phase
be changed as to number of units, a supplement amount would be paid to
the City.
Para rah 10, Roads: Language to be changed to correspond with
wording as sentence of paragraph should read "As part of the
subdivision improvements the Owners will install a deceleration lane and
a left turn lane at the intersection of Crystal Lake Road and Dartmoor
Drive, or such other improvements in accordance with County of McHenry
road standards.a underlined portion being added.)
Paragraph 11, Bike Path: No change except that it is understood
that the i6'Ke pat W1II— ee completed in each phase before the first
occupancy permit is issued for that phase and be totally completed
running from Crystal Lake Road to the Chicago 8 Northwestern tracks
before an occupancy permit is issued for Phase 3. Park Director Merkel
indicated that he had a meeting with NIPC the next day and believed that
for better alignment with other bike paths, they may want the path to run
along the North side instead of the South side of Dartmoor. Merkel will
let the Petitioner and Council know. Peterson also stated that the
construction standards for bike paths will be brought before the Council
for approval and insertion into the Subdivision Control Ordinance before
the construction of the bike path is started. The Petitioner agreed to
construct the path according to these standards without knowing what they
would be.
Pagraph 12, Sewer and Water: No change except that it is
undersrao a e Developer —wiM obtain all necessary easements,
licensing agreements and permits to construct the sewer and water lines.
Paragraph 13, Develop�ent in Phases: This paragraph to read "The
Owners a perm e o su ivi�lhe property in not more than 4
phases, in 1, 2, 3, 4 order, as shown on the Preliminary Plat of
Subdivision." (Underlined portion added.)
Paragraph 14, Recapture for Sewer: Recapture fees shall be limited
only o oversiiing and 0 al costs.
1s
With WINED
Recapture ee figure o shall e deleted In
this is the wrong amount. No figure is to be mentioned,
fee plus interest is due.
Paragraph 16, Other Recapture Ordinances: No change.
Paragraph 17, Underground Utilities: No change.
Paragraph 18, Ordinance Changes: No change.
Alderman Lieder left the meeting at 9:10 p.m.
gyration: The
�t that
only that the
Paragraph 19, Model Construction and Sales Office: No change in
Subparagrapn A.
Subparagraph B: The words "parkway trees" are to be eliminated.
Lengthy discussion took place on the "landscaping of common areas"
noted in this subparagraph. Questions were raised as to who maintains
them, what landscape easement restrictions would be placed of record, who
would enforce the maintenance or these easements and the rights and
responsibility of the City ,i,r homeowner regarding these easements.
Since these easements were included at the rear 10 feet of the lot
dimensions which back up to Crysiai LaKe Road, other questions arose on
the placement of fences.
Motion by Smith, seconded by Dunah;fe, to approve the landscaping of
common areas as presented with NO obliation or dedication of easement to
the City for these landscapes areas,
October 28, 1991 Page 3
Voting Aye: Bolger, Donahue, Serritella, Smith
Voting Nay: Locke, Patterson.
Absent: Lieder, Adams.
Motion carried.
Paragraph 20, Temporary Certificates of Occupancy After discussion
it was a ermi� 1o�e e e is paragraph en ire y.
Paragraph 21, Dedication Because of concerns over access to
Outlot A parKian not beiiij—constructed until Phase 2 is begun, Phase 1
and 2 were reversed with Phase 1 to now include Oakton Court so that that
portion of Dartmoor Drive to Loyola Drive will be constructed in the
newly configured Phase 1, along with Loyola Drive and Loyola Court to
Outlot A. (Phase 2 will now exclude Oakton Court and that portion of
Dartmoor to Loyola.)
Discussion took place on the amount of title insurance the Developer
would obtain on the donation of the 49 acres to the City. An agreement
was reached that the Developer would obtain $50,000 title insurance.
Alderman Lieder returned to the meeting at 10:03 p.m.
Mayor Busse called for recess at 10:10 p.m.
Alderman Adams arrived at 10:15 p.m.
The meeting reconvened at 10:20 p.m. with everyone still in
attendance except Alderman Bolger, who left at 10:20 p.m.
Paragraph 22, Reservation of Lots 210 and 211 Last line on page 11
"Paragr— a�6" should rem" Paragraph 6". First line on page 12, change
"(Phase IV)." to "(Phase III)." Also the 8th line down on page 12,
delete the words "with the consent of Owners." The sentence will now
read "Said appraiser shall be selected by the City."
23. Erection of a Stop Light at Dartmoor and Crystal Lake
Paragraph 24. Venue No change.
Paragraph 25. Term of Agreement No change.
Paragraph 26. Covenant Running With Land No change.
Paragraph 27. Exculpatory No change.
Railroad Crossing The remaining item of the railroad crossing was
discusses length.
Motion by Lieder, seconded by Patterson, that the Developer be
assessed a 50% share of the costs for a railroad crossing at Dartmoor;
that the money be deposited in an interest bearing account for a period
of 20 years from the date of the Annexation Agreement; upon the
expiration of 20 years, if a railroad crossing is not installed, the
deposit together with the interest earned shall be paid back to the
Developer or his designee.
Voting Aye: Donahue, Lieder, Locke, Smith
Adams, Patterson, Serritella.
Voting Nay: None.
Absent: Bolger.
Motion carried.
It was decided that the City would be the applicant for obtaining any
permit needed for the crossing, if one is installed.
The revised Annexation Agreement will be presented at the
November 13, 1991 meeting for approval.
October 28, 1991
Page 4
Motion by Smith, seconded by Adams to adjourn.
Voting Aye: Donahue, Lieder, Locke, Smith
Adams, Patterson, Serritella.
Voting Nay: None.
Absent: Bolger.
Motion carried.
Meeting adjourned at 10:55 p.m.
sistant to City ClerK yor