LRA's Planned Unit Development Still a Sticking Point

By Tom Kocal, TKocal@PACC-news.com

Michael Doty attended his first Carroll County Board meeting Thursday, August 21, in his capacity as new County Administrator. He jumped in with both feet, addressing the approval of the plat for Planned Unit Development (PUD) on land owned by the Local Redevelopment Authority (LRA) at Savanna Depot Park.

Doty told the Board that there were two main issues that needed to be resolved before the Board's approval of the plat for the PUD could take place. The first is the McIntyre Road easement, and the second, the concern about liability regarding the water treatment plant.

Regarding the zoning of the PUD, Doty said, "It looks like everything is there and ready for approval."

But with the McIntyre Rd. easement, one easement line is right on the road, which could be a problem with future development if the county takes responsibility for the maintenance of the road. With the waste water treatment plant (WWTP), Doty said State's Attorney Scott Brinkmeier and LRA Director Diane Komiskey have reviewed the Memorandum of Agreement with the U.S. Army and the LRA.

"All documents say that easements and utilities will be assigned to the LRA when successors eventually purchase property from the LRA deeded from the Army," Doty said. "When the LRA dissolves after all property has been sold, these easements and utilities, including the WWTP, will be assigned to the successors."

Doty is concerned that if a successor is not identified, the maintenance and operation of the WWTP could become the responsibility of the county, and could be liable for any related judgments.

Brinkmeier said that during the discussion, three issues were identified: disclosure to potential buyers, the continuation of operations at the WWTP, and potential liability to Carroll County.

"For example, the purchase offer from N-Ovation did have language disclosing this situation," Brinkmeier said, "but I would still like to see more language stating that the county will not be in the water/sewer treatment and utilities business in the future. Currently, there are private parties there that have a reliance on the w/s plant. The county should not be compelled or forced to operate the system."

Komiskey then addressed the Board, saying that "water & sewer treatment is an issue I heard from prospective buyers a year ago. In May of 2007, the LRA board considered a property owner's assessment fee, but instead recommended a water district. The question is, when is the right time to do this?"

Komiskey said the decision was made after reviewing a memo from the LRA attorney about the various forms that a successor could take. Among the forms was a Property Owners Association. The board decided that a Property Owners Association was not the best answer for the Savanna Depot Park. It preferred the special taxing body. The district could be created as permitted by the Illinois Public Water District Act.

"The WWTP is owned by the Army, and leased to the LRA. The LRA would contract with an independent contractor-operator. The WWTP is currently scheduled to be turned over to the LRA in 2015. The LRA has asked for an earlier transfer. It will be challenging for us to get grants and low-interest loans until we have ownership. When dealing with the Army, early still means two or more years down the road."

Among the property that the LRA is interested in marketing for sale are six lots in Riverview Campus, Komiskey reported. The seventh lot has already been sold to N-Ovation.

"Now, we need to plat." She said the LRA has talked about the best use of the property and concluded that the lots with water views are well-suited for condominium construction.

"A recently hired independent contractor/marketing consultant agrees with the vision of condos on some of the lots. One of the lots in the plat contains Building 14 at 3077 School Drive. It lacks a water view. But it is the best building available for purchase. It is in excellent condition, and will not be considered for condo's. It has been considered for a call center, and is better suited for offices, R&D and technology-related businesses."

The WWTP is currently not self-supporting, and Paul Hartman (D-1) is concerned about future property owners deciding to construct septic systems and wells rather than use the WWTP.

Komiskey said the IL Dept. of Public Health statutes are specific regarding the location of septic and wells in relation to any WWTP. Right now, it is not a "public" WWTP. "But it may be down the road."

Doty suggested that the Board give direction to the LRA to move this up to the fast track in transferring the WWTP from the Army, and to be sure to include wording that states the County will not be in the utility business at Savanna Depot Park. To expedite this issue, more discussion will take place between Komiskey, the LRA's attorney, and Brinkmeier before the next presentation to the Board.

Doty said the PUD still has 2 concerns: access right-of-way on Lot 1 to Lot 2, and McIntyre Road. Komiskey said Lot 2 is a water front lot, but is land-locked.

"If someone were to buy Lot 2 first, a right-of-way easement through Lot 1 will need to be added," she said. The price for buying both lots together is discounted compared to purchasing the lots separately. Doty wants the easement attached to the deed if purchased separately.

Both Jo Daviess and Carroll Counties have been asked to accept McIntyre Road for maintenance, snow removal, etc. They still haven't accepted it, due to non compliance with county road standards.

Doty said that 33 ft. from the center line is required. "We could approve the PUD with language that this non-compliance standard will be rectified."

Komiskey said the LRA agrees to modify plat to include easement through Lot 1, change roadway to comply with Carroll County highway standards in the hope that county will accept the road and add language to purchase contracts about future of water and sewer system, and asked for approval of the plat today, based on these contingencies.

Brinkmeier would prefer to see the modifications done first. "One more month will not jeopardize any sales." The issues were tabled until September's meeting.

Removed from the July table was the CC Truancy proposal. Brinkmeier stated that proposed protocol will be finalized next week. "We won't be creating any new laws, just supplying guidelines and protocol for county officials."

Laurie Gungel, Director of the Carroll County Economic Development Corp., presented the recently completed CC Comprehensive Plan to the Board. "It was a 10-month process, but we still want public and board input," Gungel said. "We want this plan to guide our direction in the future." She added that there were no more public meetings scheduled, and that the plan is in Carroll County libraries and on the CCEDC web site at www.carrollcountyedc.org. "Maps of the county are in the printed version, and will be added to the web site soon."

Ann Dougherty, a Mt. Carroll business owner, would still like to see continued dialogue about the plan. "Not an official public hearing, but just a Q&A session," she told the Board. "It's great that it's available to the public, but some folks are still not comfortable with web sites." She told the Prairie Advocate that she is planning to host a "coffee or two with friends and neighbors to further discuss the plan and Carroll County's future. Hopefully, others will, too."

Other Board action included:

- Approval of the Resolution proclaiming the week of Aug. 24 as Workforce Development Week;

- Approved the 2009 Carroll County Holiday schedule. Lou Lamoreux (D-3) was the only no vote, and voiced his displeasure with the "Easter" holiday being referred to as "Spring Break."

"Why can't we call Easter what it is? I know why, and it's not right";

- Discussed the matter of who owns, and will maintain, the fountain on the west side of the courthouse;

- Announced that the county's web site is up and running. Go to www.carroll-county.net .

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