HomeMy WebLinkAboutMinutes - 10/21/1998 - Committee of the Whole COMMITTEE OF THE WHOLE MEETING
OCTOBER 21, 1998
A Committee of the Whole Meeting of the McHenry City Council was called to order
by Mayor Cuda at 9:14 P.M. on Wednesday, October 21, 1998 in the Council Chambers of
the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab,
Murgatroyd, Baird. Absent: McClatchey. City Staff in attendance were: City
Administrator Lobaito, Deputy Clerk Kunzer, City Attorney McArdle, Chief of Police Joyce,
Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of
Community Development Napolitano. Absent: City Clerk Althoff.
DIEDRICH FARM/GERSTAD PROPERTY ANNEXATION
In attendance were Mr. Donald Gerstad and Mr. Roger Gerstad of Gerstad Builders
Inc. Ms. Ginger Geiser, Court Reporter, was present.
Mayor Cuda stated the purpose of this evening's meeting is to provide a forum for
Council to carefully go over, paragraph by paragraph, the proposed Annexation
Agreement for the Diedrich Farm/Gerstad Property, in an effort to clarify the points of the
Agreement. Mayor Cuda announced there would be no opportunity for Public Input as this
is a workshop meeting of the McHenry City Council. He noted City Administrator Lobaito
presented Council with a concise summary of highlights of the Agreement in the attached
Agenda Supplement.
Attorney McArdle explained and/or clarified the following points:
· Paragraph 1, Provides for the annexation of the subject property;
· Paragraph 2, Provides for RS-2 zoning upon annexation to the City;
· Paragraph 3(1), Indicates a detention pond will be installed pursuant to the
Engineering requirements and noted there will be two or more detention ponds
· Paragraph 3(2), Allows for two recreational tot lots. However, if school district
156 obtains part of the subject property, only one lot will be dedicated to City;
· Paragraph 3(5), Provides that landscaping on the perimeter of the subject property,
particularly on Lots 8 through 15, shall be at least 50% opacity;
· Paragraph 3(6), Provides for a maximum density of 280 units on 118 acres with a
2.37 ratio of units/acre. A lengthy discussion followed. Mr. Donald Gerstad
indicated this reduction in density would not be acceptable to the applicants.
· Section IV, the Public Improvement Reimbursement clause, Provides for the
inclusion of the benefitted property in any recapture agreement. Discussion
followed regarding the interest rate of 9%. Clarification shall be made as to
whether this is simple interest or compounded annually. The maximum duration
of any recapture agreement shall be 10 years.
· Paragraphs IVA(3-7) are boiler plate language regarding the recapture agreement.
· Paragraph IVA(8), Provides for the exemption of the Adams Property from
recapture agreement. Mr. Adams is providing the site for the water tower and he
is running the main to the site.
· Paragraph IVB and IVC are boiler plate language pertaining to the recapture
agreement.
· Section V, Sewer and Water. Attorney McArdle explained at the time of
annexation, the City would have to be in possession of recorded easements which
would bring the water to the west property line from the west side of the river. He
stated there is no obligation for the developer to extend the water to the east
property line. This would be in the developer's time frame, at their pace, and not
the City's.
General discussion occurred regarding the possibility of School District 156 securing
a portion of the subject property, either by purchase or condemnation. Council noted, in the
event the School District would need to bring water to their site prior to Gerstad bringing
the lines east, the School District would then be the entity which would be recapturing the
cost to bring the water main east. Council directed City Attorney McArdle to draft
language to provide for this possibility.
Returning to the review of the Annexation Agreement:
October 21, 1998, Page 2
Committee of the Whole
· Paragraph VC, Provides that the developer will not have to bring the water main to
the tower, only to the Adams property line.
· Paragraph VI, Provides that $350,000 will be paid by the developer toward the City's
construction of the water tower. These monies will be credited toward the City's
Capital Development Fees and Permit Fees. However, credit will not be given
toward Meter Fees. Mr. Donald Gerstad indicated if School District 156 is
successful in their condemnation suit, it could change the ability of the developer to
be able to honor their payment of the $350,000. He also noted if the School
District purchases a part of the subject property, the City would still get their
$350,000. These monies are not tied to the density of the project.
· Paragraph VII, Sanitary Sewer, Provides for lift station impact fees which are tied to
the density. Mr. Roger Gerstad noted the $17,470 required in the Agreement w as
tied to the previously proposed density of 313 homes in the 118 acres. The
number of units has been reduced by the City, however, there has been no mention
of reducing these fees. Some discussion followed regarding the need to increase
the capacity of the City's lift stations at River Road and on Boone Lagoon.
· Paragraph VIII, Storm Water. Attorney McArdle noted this is standard language
regarding surface water runoff. Discharge from the development would not cause
any problems for area residents. Mr. Donald Gerstad requested the City clarify
language in Paragraph VIII, reference the conveyance of everything by pipe except
that runoff which exceeds the 100 year storm. Mr. Roger Gerstad noted there is
currently runoff prior to the development and not everything should have to run
through pipes.
· Paragraph IX, Security, Provides for 5 Finals Plats, with one Preliminary Plat for the
entire project. The document for securing all public improvements is the Letter of
Credit. There will be a Letter of Credit to specifically secure the water main and
sanitary sewer main.
· Paragraph X, Off-Site and On-Site Improvements - Building Permits, Provides
specifics with regard to public improvements required prior to issuance of building
permits.
· Paragraph XI, Schedule of Development, Provides that the first schedule of
development must be provided to the City within 120 days of annexation of the
subject property.
· Paragraph XII, Donations, Contributions and Fees, Provides for the schedule of fees
associated with the annexation:
· A(4), Developer Donation Fees and Tax Lag Fees shall be adjusted annually
on May 1st. Following a lengthy discussion, it was the consensus of Council
to revisit this issue once all other points contained in the agreement have
been agreed to.
· A(5), It was determined if the State should change the law regarding
Developer Donations, all funds would still be distributed to the appropriate
taxing bodies and not be retained by the City.
· B, Public Lands, Provides for the donation of cash rather than public lands.
Both School District 15 and 156 have indicated they would prefer funds.
Mayor Cuda indicated this item will have to be addressed more closely once
all other issues are resolved.
· E, Roads, City Administrator Lobaito explained how he arrived at the $8,000
figure contained in sub-paragraph XIIE(8). He noted the traffic signal cost
would be shared by all who benefited from the installation of the signal. He
judged the fare share of the developer to be $8,000.
· J(1), Model Home Construction, Sales Office, etc., Mr. Roger Gerstad stated
he has concerns regarding this paragraph and being permitted to have a sales
office which could be utilized only for this particular subdivision. This
paragraph will be addressed by Attorney McArdle and the Attorney for the
Petitioners.
· J(4), Identical models, Some discussion followed regarding the change from
every third to every second model shall not be identical. It appeared to be the
consensus of Council every third model is preferable to every second. In
any event, once determined, there will be no variance unless granted by Staff.
October 21, 1998 Page 3
Committee of the Whole
· XIV, Obligations, Provides for the obligations of the developer(s), no matter the
ownership of the property.
Attorney McArdle noted the remainder of the document was standard annexation
language.
A lengthy discussion ensued. The following points were raised for further
consideration by Council prior to the ratification of the agreement:
· Alderman Baird opined the density should not exceed 280 with a 2.37 ratio per acre.
· Mayor Cuda noted in all probability some of the property would be purchased by
School district 156, and the 280 homes would not be a reality. He stated the
importance of the City securing the $350,000 for Capital Development. It's
imperative this project move forward so water can be brought east of the Fox River.
· Mr. Donald Gerstad declared a density ratio of 2.37 units/acre is not viable.
Following discussion, it was the consensus of all present the density is what will
make or break this agreement.
· Mayor Cuda opined RS-2 Zoning should prevail, at whatever the density works out
to be on the property remaining, following purchase or legal taking by either/or
School district 156 and/or IDOT.
· Alderman Murgatroyd stated he would expect movement on both sides. Mr.
Donald Gerstad stated he believes IDOT will exercise their option regarding FAP420.
He could not then live with a maximum density of 2.37 units/acre. Alderman
Glab asked the maximum number of units permitted in an RS-2 District. City
Administrator Lobaito responded it would work out to approximately 2.5 or
2.6/acre after installation of public improvements, detention, etc.
· Mayor Cuda directed Attorney McArdle to redraft paragraph III(6) so there is a
maximum number of units permitted unless there is an IDOT taking and/or School
District 156 taking, the balance of the property would revert to the maximum
number of units permitted in the RS-2 District as defined by ordinance.
ADJOURNMENT
Motion by Murgatroyd, seconded by Glab, to adjourn the meeting at 11:15 p.m.
Voting Aye: Bolger, Glab, Murgatroyd, Baird.
Voting Nay: None.
Absent: McClatchey.
Motion carried.
The meeting was adjourned at 11:15 p.m.
DEPUTY CLERK MAYOR