HomeMy WebLinkAboutMinutes - 06/25/1979 - City Council PUBLIC HEARING
AND
SPECIAL MEETING
MONDAY, JUNE 25, 1979 8 P.M.
Mayor Stanek called to order the Public Hearing and
Special Meeting regarding the annexation proposal by Bernard and
Catherine Bauer and Boone Valley Development Company on Monday,
June 25, 1979 at 8 P.M. The annexation proposal concerns 60.12
acres south of the city adjacent to Brittany Heights Unit 1. At
roll call , the following aldermen were present: Pepping, Nolan,
Harker, Datz, Wieser, Schooley, Meurer. Absent: Adams.
Also in attendance were Sup't Fred Meyer; City Attorney
Bernard Narusis; Clerk Gilpin; David Ladd, Rob Robinson and Attorney
James Bishop of Boone Valley Development Company; Lynn Donarski of
the Plan Commission; Bryce Klontz of the Zoning Board of Appeals ;
and the Court Reporter.
Mayor Stanek read into the record the recommendation of
the Plan Commission and the recommendation of the Zoning Board of
Appeals concerning the. property in question.
Prior to reviewing the proposed annexation agrement in
detail , Mayor Stanek reported that in lieu of an extraordinary con-
tribution of $400.00 per lot, the Boone Valley Development Company
would agree to donate, free and clear, to the city, 272 acres of
land directly east and contiguous to the property being proposed
after it was annexed.
for annexation / They would still be required to pay the developer
donation fees for parks, schools and library for each lot in the
subdivision. Baxter & Woodman advised Mayor Stanek that about 20
acres of land should be acquired for a future sewer plant site.
River front property is available about 100 feet east of the 271/2
Illacres. This site has been planned for a possible sewer plant lo-
cation since 1962. It is also the suggested location for a re-
gional sewer plant as recommended by the 208 Wastewater Facilities
Plan which could serve more than one community such as McHenry
Shores. The donated parcel could also be used as a retention area
for the proposed 60-acre parcel . Stanek said the property could
be used as public open space land for passive recreation until it
is needed for a treatment plant site.
Monday, June 25, 1979 page 2
No action on the proposed annexation of the 272 acres could
be considered at this Public Hearing because it was not advertised
as such in the notice published in the Plaindealer. The developers
stated they would convey the title for the 272 acre parcel to the
city when their annexation request is granted.
Attorney Bishop advised that a petition for annexation
of the 272 acres will be filed at the July 2, 1979 Council Meeting.
Narusis said the petition would request unconditional zoning and
would come in with an automatic R-1 zoning classification. There
are no notice requirements for property such as this, Narusis ad-
vised. When the Ordinance annexing the property is passed, the
deed will be turned over to the City. Bishop said the petitioners
would be prepared to do this at the July 2, 1979 Council Meeting.
The proposed annexation agreement was reviewed in detail
by the Council . A question arose on Paragraph 17, if an additional
sentence should be included stating that if litigation is instituted
by a third party, the petitioners would pay the City's costs.
Motion by Wieser, seconded by Schooley, to include the
following sentence in the proposed annexation agreement, "In the
event any such litigation is instituted by a third party, Boone
Valley Development Company shall pay the City's costs with respect
thereto."
Voting aye: Wieser, Schooley, Meurer, Stanek.
Voting nay: Pepping, Nolan, Harker, Datz.
Absent: Adams.
Tie vote. Motion failed.
Motion by Harker, seconded by Datz, to pass an ordinance
providing for the approval of an annexation agreement for 60.12
acres of land fronting on the east side of Green Street, said
agreement being between the City of McHenry and owner of record
being McHenry State Bank as trustee under trust #1782; and McHenry
State Bank as trustee under trust #1767; and Bernard and Catherine
Bauer, and authorize the mayor and clerk to sign said agreement.
Monday, June 25, 1979 page 3
Voting aye: Pepping, Nolan, Harker, Datz, Schooley,
Meurer, Stanek.
Voting nay: Wieser.
Absent: Adams.
Motion carried.
Motion by Nolan, seconded by Schooley, to pass an or-
dinance providing for the annexation of 60.12 acres of land as
described in said annexation agreement.
Voting aye: Pepping, Nolan, Harker, Datz, Schooley,
Meurer, Stanek.
Voting nay: Wieser.
Absent: Adams.
Motion carried.
Motion by Nolan, seconded by Datz, to pass an ordinance
establishing an R-3 Residential District for the 60.12 acres of
land as described in said annexation agreement.
Voting aye: Pepping, Nolan, Harker, Datz, Schooley,
Meurer, Stanek.
Voting nay: Wieser.
Absent: Adams.
Motion carried.
Mayor Stanek advised the ordinances would all be signed
and executed when the city has the title to the 271/2 acres of prop-
erty which is to be donated by Boone Valley Development Company.
It was the concensus of opinion of the Council , that
the stub end of Linda Street in Brittany Heights Unit 1, should
be vacted and the petitioners be allowed to develop the property
as indicated on the Preliminary Plat of Unit 1 as presented at an
earlier meeting by Boone Valley Deveiopment Company.
Motion by Nolan, seconded by Harker, to adjourn this
Public Hearing and Special Meeting.
Voting aye: Pepping, Nolan, Harker, Datz, Schooley,
Meurer, Wieser.
Monday, June 25, 1979 page 4
Voting nay: None.
Absent: Adams.
Motion carried.
Hearing adjourned at 9:09 P.M.
41-4,-1/°-31° ‘
City Clerk Mayor
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