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HomeMy WebLinkAboutMinutes - 10/03/2011 - City Council REGULAR MEETING OCTOBER 3, 2011 Mayor Low called the regularly scheduled October 3, 2011 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Wimmer, Peterson, and Condon. Absent: Blake. Also in attendance were City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Streets Superintendent Stull, Chief of Police Jones. OATH OF OFFICE: DEPUTY CHIEF JOHN BIRK Mayor Low announced a swearing-in ceremony would take place installing Sergeant John Birk as Deputy Chief. Mayor Low acknowledged the impressive support shown by attendance of Sergeant Birk's fellow officers and former co-workers this evening. Police Commission Chairman Sean Haley administered the Oath of Office to Sergeant Birk. Chief of Police Jones noted Deputy Chief Birk has always given 100% of his time and talent toward his duties as an officer and noted it is a great honor to promote him to Deputy Chief. Officer Adrianna Birk pinned the Deputy Chief badge on her husband. Deputy Chief Birk introduced his family. Mayor Low extended congratulations to Deputy Chief Birk and wished him well in his new position. PUBLIC INPUT SESSION Adrian Plante of 1292 South Broadway addressed Council regarding alternative energy. He inquired if the City has taken steps to pursue less expensive means of providing energy for its residents. City Administrator Black responded that Staff has investigated various energy companies. CONSENT AGENDA Motion by Santi, seconded by Schaefer,to approve the Consent Agenda as presented: A. Award of bid for replacement of Pearl Street Bridge deck joints—Acura Inc in the amount not-to-exceed$47,440; B. Request for permission to post temporary advertising signs in municipal rights-of-way and waiver of fees—McHenry Public Library Book Sale; C. City Council Minutes: September 26,2011 regularly scheduled meeting; D. List of Bills: ABB INC 729.42 ACCUCUT 119.00 ADAMS STEEL SERVICE INC 94.05 AMELIO, ROBERT 305.50 AT&T 3,177.59 AT&T LONG DISTANCE 190.62 Regular Meeting October 3,2011 Page 2 BANK OF NEW YORK MELLON, 55,993.75 BENTZ, DONALD J 76.50 BERGGREN, LEE 316.85 BJORKMAN'S ACE HARDWARE 30.00 BPMS SOFTWARE 397.00 BREMER, CURTIS H 52.00 BRENNAN, DAN 1,645.00 BROWN, PAUL 230.00 BURLEY, JUNE 17.70 BURRIS EQUIPMENT COMPANY 482.19 BUSS FORD SALES 282.28 CAREY ELECTRIC 3,050.00 CHEMICAL PUMP SALES & SE 62.70 COMED 224 36 CONNEY SAFETY PRODUCTS 53.90 DELISI, PHIL 175.00 DREISILKER ELECTRIC MOTO 485.79 DUCAK, KELLY 102.60 DUNN, TAMMY 175.00 ED'S RENTAL & SALES INC 75.00 FISCHER BROS FRESH 993.00 FLOWER SHOW PRODUCTIONS 627.00 FOWLER, JEFF R 92.00 FOXCROFT MEADOWS INC 988.80 G IMPRESSIONS INC 172.25 GALLAGHER RISK MANAGEMEN 30.00 GREVE, CLINT 20.91 HERITAGE-CRYSTAL CLEAN L 137.06 HIPOINT EMBROIDERY INC 430.06 HRGREEN 32,143.40 ILLINOIS GFOA 30.00 IRISH PRAIRIE RECREATION 1,625.00 ITT WATER & WASTEWATER U 706.09 KALE UNIFORMS INC 3,113.87 KIMBALL MIDWEST 513.46 LANG PONTIAC-CADILLAC-SU 13.36 MAZZUCA, JOE 92.00 MCCANN INDUSTRIES INC 2,082.81 MCHENRY ANALYTICAL WATER 22.00 MCHENRY COUNTY COUNCIL O 99.00 MCHENRY COUNTY TREASURER 350.00 MCHENRY SPECIALTIES 162.50 MEADE ELECTRIC COMPANY I 195.78 MEIER & SONS FENCE MFG, 358.45 MID AMERICAN WATER OF WA 262.80 MOLL, DALE 60.00 NICOR GAS 175.17 NORTH SUBURBAN WATER 45.00 NORTHWEST TECHNICAL 5,915.25 PALA, JOSIE 212.50 PETROLIANCE LLC 7,924.86 PETTIBONE & CO, P F 424.25 PORTER LEE CORPORATION 207.00 PRO PLAYER CONSULTANTS I 910.00 QUILL CORPORATION 173.40 R&S FENCE COMPANY 84.50 RADICOM INC 1,565.83 REINDERS INC 113.31 REVCORE RADIATOR INC 400.00 ROC CONSTRUCTION SUPPLY 85.71 SEARS APPLIANCE OUTLET 30.00 SECRETARY OF STATE/INDEX 10.00 SPORTS SUPPLY GROUP INC 61.40 ST PAULS EPISCOPAL CHURC 206.70 STAPLES ADVANTAGE 338.72 STAPLES CREDIT PLAN 1,236.96 THELEN MATERIALS LLC 161.13 TRAFFIC CONTROL & PROTEC 1,078.77 USA BLUEBOOK 1,767.54 USTA 35.00 Regular Meeting October 3,2011 Page 3 VOELKER, MATT 21.84 WALMART COMMUNITY 246.19 WASTE MANAGEMENT OF WI P 8,774.27 WATER SOLUTIONS UNLIMITE 5,100.00 ZEP SALES & SERVICE 171.36 GRAND TOTALS 151,342.06 FUND TOTALS GENERAL FUND 36,831.11 DEBT SERVICE-1997A FUND 55,993.75 CAPITAL IMPROVEMENTS FUND 5,275.25 WATER/SEWER FUND 40,025.09 UTILITY IMPROVEMENTS FUND 8,710.25 RISK MANAGEMENT FUND 30.00 INFORMATION TECHNOLOGY FUND 429.46 RETAINED PERSONNEL ESCROW 4,047.15 TOTALS 151,342.06 Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Blake. Motion carried. REQUEST TO INSTALL TEMPORARY LIGHTING ON MCHENRY SCHOOL DISTRICT 15 PROPERTY ADJACENT TO SHAMROCK FARMS PARK FOR MASF PRACTICE FIELD FROM OCTOBER 4. 2011 THROUGH NOVEMBER 16, 2011 Director of Construction and Neighborhood Services Schwalenberg stated a request was submitted by McHenry Area Soccer Federation (MASF)to install temporary lighting on McHenry Elementary District 15 property adjacent to Shamrock Farms Park. The request is to light a practice field from 5 p.m. to 9 p.m. on October 4, 2011 through November 16, 2011. Staff has reviewed the request and supports the temporary use as presented. Motion: Motion by Schaefer, seconded by Condon, to accept Staff recommendation to approve the installation of temporary lighting on McHenry Elementary School District 15 property adjacent to Shamrock Farms Park for MASF practice field during the hours of 5 p.m. until 9 p.m. from October 4, 2011 through November 16, 2011. Discussion of the Motion: Alderman Schaefer noted he had some questions which need to be answered regarding this issue although the request is for a relatively short period of time; eight weeks. Alderman Condon suggested the time be reduced to the hours of 5 p.m. until 8 p.m. She expressed concern that allowing the lighting until 9 p.m. would be excessive. She opined practice would likely end at 8 p.m. Alderman Condon also requested the MASF be made aware of the City's lighting regulations. Regular Meeting October 3,2011 Page 4 Alderman Schaefer noted he would be willing to amend his motion to state that no '1 lights be allowed past 8:30 p.m. Alderman Condon concurred and stated she would be willing to compromise. Alderman Santi inquired as to the ages of the youth practicing on the soccer field. An MASF representative responded the ages range from under 4 to 14. Alderman Santi requested details regarding the practice session locations and noted he would prefer to end the illuminated practice times at 8:30 p.m. Alderman Glab stated the City was looking at the federation practicing five days per week, Monday through Friday. He noted he has spoken with residents in the area and opined the City should take a closer look at the paperwork. He stated he does not believe due diligence has been performed and he could not support the request. Mayor Low noted she lives by Petersen Park where the lights are on until 10 p.m. every night and she has heard of no complaints. She stated the soccer federation accommodates activities of hundreds of kids and their season is for a shorter, limited period of time. Alderman Schaefer inquired of the federation representative if lighting until 8:30 p.m. would accommodate the federation.The response was in the affirmative. Alderman Schaefer amended his motion to approve lighting the practice field between the hours of 5 p.m. and 8:30 p.m. Alderman Condon agreed to amend her second to the motion. Alderman Glab noted the District 15 property is not a park. There is no electricity present to use to hook up the lights. He explained he has an issue with noise the generators would create. He noted he would like to support the soccer federation but must be respectful of City residents. Assistant Administrator Hobson stated he lives nearby and has two small children. He stated he does not believe the lighted field or generators would be disruptive to area residents. Additionally, Staff would ensure that noise from the generators would remain below levels permitted by the Zoning Ordinance. Alderman Santi asked if noise becomes disruptive would the City have the right to move the practices back to the township fields? Director Schwalenberg responded the City would definitely have that option. Alderman Condon requested assurance that the City would have no liability with the practices being held on the District 15 property. Assistant Administrator Hobson responded that was correct. Alderman Condon inquired if the lighting and noise resulting from the Regular Meeting October 3,2011 Page 5 temporary illumination from generators would be subject to City ordinance restrictions. `-- Assistant Administrator Hobson responded in the affirmative. Alderman Glab inquired where parking would be located for those using the practice field. He noted if they would be using the Shamrock Farms Park parking lot, the motion should be amended to allow parking in the lot after dark. He opined this request has not been thought out adequately and he could not support it. Alderman Schaefer agreed to amend his motion to permit parking in Shamrock Farms Park parking lot after dusk. Alderman Condon concurred and amended her second to the motion. Amended Motion: Motion by Schaefer, seconded by Condon, to accept Staff's recommendation to approve the installation of temporary lighting on McHenry Elementary School District 15 property adjacent to Shamrock Farms Park for MASF practice field during the hours of 5 p.m. until 8:30 p.m. from October 4, 2011 through November 16, 2011, and to allow parking in the Shamrock Farms Park parking lot after dusk in conjunction with this request. Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: Blake. Motion carried. ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A RELIGIOUS INSTITUTION ON THE PROPERTY LOCATED AT 5603 WEST BULL VALLEY ROAD—DONALD METIVIER In attendance were Attorney Sam Diamond and Kathe Lacey-Anderson, President of the Unitarian Universalist Congregation of Woodstock. Deputy Administrator Martin stated an application was submitted by Donald Metivier for a conditional use permit to allow the operation of a religious institution, the Unitarian Universalist Congregation of Woodstock, on his recently purchased property located at 5603 West Bull Valley Road. The site was annexed in 1994 and was formerly used as a restaurant and included a 1,500 square foot apartment unit in the building. Deputy Administrator Martin noted the matter was considered by the Planning and Zoning Commission at a public hearing held on September 15, 2011. The Commission unanimously recommended approval subject to the following conditions: 1. The parking lot shall be improved with striping, weeds shall be eliminated and any substandard pavement shall be repaired or replaced. 2. Any additional property maintenance-related issues shall be addressed prior to occupancy by the Unitarian Universalist Congregation of Woodstock (the Church). Regular Meeting October 3,2011 Page 6 3. The existing apartment, if utilized, shall comply with current applicable building code '1 standards. 4. Additional right-of-way along Bull Valley Road (approximately 27 feet) shall be dedicated to the City of McHenry for future road improvements. Any impacts of right-of-way dedication upon the applicant (i.e. access/driveway relocation, sign relocation and/or parking loss) shall be addressed and funded by the City or other relevant governmental entity at the time of roadway improvement. Deputy Administrator Martin noted Staff believes the property is ideally suited for this type of low-impact use. Staff has prepared an ordinance for Council consideration should the request be approved. Alderman Condon stated the property has been vacant for a long time. She stated her preference would be to not have a heavy intense use on this property. She noted she does have a couple of concerns. Alderman Condon stated she would want a tree planted for each tree that is removed. She stated she would also like to see a significant amount of vegetation remain on the property as natural screening. She expressed concern that if Bull Valley Road is widened, the access to the property could become right-in/right-out only which could cause an impact on Brookwood Trail. Alderman Santi inquired if the church would be hosting a PADS shelter on the premises. Deputy Administrator Martin responded the church has hosted a PADS center at their current location in Woodstock; however, Staff is not recommending the applicant be permitted to host a PADS site as a part of this evening's request. Alderman Glab asked City Attorney McArdle if the City could require the Church to come back with a request to host PADS on the premises. City Attorney McArdle responded if PADS is going to be addressed, it should be addressed at this time as a part of the proposed use. Attorney Diamond introduced President Kathe Lacey-Anderson of the congregation of the Unitarian Universalist Congregation of Woodstock. Mr. Diamond asked Ms. Lacey-Anderson to verify that there would be no PADS shelter on the premises unless approved by the City. Ms. Lacey-Anderson stated the Church does not even know at this time if the building can physically accommodate PADS. Alderman Glab suggested the Church approach Council when it is more aware of what exact property uses would be. He also expressed concern about the use of the apartment located on the property. Attorney Diamond noted the Church agreed at the public hearing to utilize the apartment for onsite staff or employee only. The Church would like to keep the option of utilizing the apartment for this purpose at this time, subject to compliance with all codes and ordinances. Ms. Lacey-Anderson noted the Church does not intend to utilize the apartment as an income-producing unit. Regular Meeting October 3,2011 Page 7 Alderman Glab requested clarification regarding the use of the apartment and that it `-- could not be used for PADS. Ms. Lacey-Anderson confirmed the Church would like the availability of utilizing the apartment for church staff personnel. The possibility of eventually hosting PADS is an issue about which the Church is unclear at this time. Attorney Diamond noted if and when the Church decides to request the use of the premises for a PADS shelter, they would be willing to come back to the City for authorization for this use. Alderman Glab stated he would like to know when the right-of-way would be required to be dedicated to the City for expansion of Bull Valley Road. He also inquired about the future costs to the City which could result from the taking of the right-of-way. Deputy Administrator Martin responded the only likely impact upon the Church following dedication of the 27 feet would be the relocation of the Church's sign. Alderman Glab noted Council had received correspondence regarding this matter. He commented the activities which occur with a church are rather universal to all churches. Alderman Schaefer stated it appears that there are many unresolved issues regarding the Church's development and use of the property. Ms. Lacey-Anderson stated this will be the new home of the Church and they are committed to this location. Alderman Wimmer referenced a list of typical religious institution activities received by the Council and inquired if these activities were normal as pertains to the Church. Ms. Lacey- Anderson responded in the affirmative. Alderman Peterson stated he believes it is a good use of the property and he has no problem with the request. Alderman Condon stated if Bull Valley Road is widened, Council would address access issues and be a good neighbor. Alderman Glab inquired about the terms of the annexation agreement regarding this property and the use variance that was granted in the agreement. City Attorney McArdle responded the use variance runs with the land. Motion by Condon, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to allow a religious institution and the onsite apartment unit by the Unitarian Universalist Congregation of Woodstock as requested subject to the following conditions: 1. The parking lot shall be improved with striping, weeds shall be eliminated and any substandard pavement shall be repaired or replaced. 2. Any additional property maintenance-related issues shall be addressed prior to occupancy by the Unitarian Universalist Congregation of Woodstock (the Church). Regular Meeting October 3,2011 Page 8 3. The existing apartment shall comply with current applicable building code standards, `1 and, if utilized, shall be occupied by employee(s) or staff member(s) of the Church and not for generating income. 4. Additional right-of-way along Bull Valley Road (approximately 27 feet) shall be dedicated to the City of McHenry for future road improvements. Any impacts of right-of-way dedication upon the applicant (i.e. access/driveway relocation, sign relocation and/or parking loss) shall be addressed and funded by the City or other relevant governmental entity at the time of roadway improvement. 5. PADS or any overnight shelter shall not be allowed without prior consent of Council or expansion of the conditional use permit as required by Council. Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: Blake. Motion carried. ORDINANCE AUTHORIZING A LEASE AND SUBLEASE AGREEMENT AMONG EDWARD J NEUMANN JR TRUST, 1110 GREEN LLC AND THE CITY OF MCHENRY In attendance were Mr. Roy Blavvise of River Place and Attorney Steve Cuda. City Administrator Black reminded Council the City entered into a lease agreement for public parking with Mr. Ned Neumann in August 2010 for his two parking lots located at 1111 North Green Street. A Third Party Beneficiary and Indemnification was executed by McHenry Riverwalk Center LLC requiring reimbursement of the lease payment to the City of $500 per month. At this time Staff is seeking Council approval of a Lease and Sublease Agreement among Mr. Neumann, the City, and 1110 Green LLC addressing the use of Mr. Neumann's parking lots. The lower lot is designated as Lot 1 and the upper lot is designated as Lot 2 in the proposed Agreement. The cumulative parking total of the two lots is 35 spaces. City Administrator Black noted if Council approves the proposed Lease and Sublease Agreement it would nullify the previous agreement executed in August 2010. The primary difference between the two Agreements is the new Agreement allows the City to sublease Lot 1 to 1110 Green LLC for use as private supplemental parking for River Place. Lot 2 would be reserved for public parking for Green Street businesses. City Administrator Black stated Staff has prepared an ordinance for Council consideration which would authorize execution of the Lease and Sublease Agreement. Alderman Santi inquired who would police Lot 1 to ensure that only residents of River Place would utilize the lot. Mr. Blavvise responded identification tags will be issued to the residents for use on their vehicles. A private towing company will be employed to remove illegally parked vehicles. Mr. Blavvise stated he wants to make sure there is ample parking for visitors, which will be identified on the site. '1 Regular Meeting October 3,2011 Page 9 Alderman Santi inquired if the Agreement would be transferrable if the property is sold. `- Attorney McArdle responded the use of the parking lot reverts back to the City if the property is sold. Alderman Glab inquired what will happen if the economy improves and Mr. Neumann decides to develop his property. Mr. Blawise noted that is merely speculation and he is trying to address current issues. He noted 15 residents have moved into the building. Twenty leases have been signed. Alderman Glab inquired how many commercial tenants were in the building. Mr. Blawise stated there were four commercial tenants. Alderman Glab stated he has major concerns with parking. Alderman Schaefer asked if the commercial tenant employees would be able to utilize the parking in Lot 1. Mr. Blawise stated he is focusing on the residential parking at this time, but is also looking at ways to accommodate the parking needs of his commercial tenants. Alderman Schaefer wondered if the City should even be involved in the parking issue. He opined the issue is rather convoluted. City Administrator Black stated he would prefer that the lease was between the two private parties, but this solution appears to work best for all involved. The City is actually the go-between. The building owner is paying the rent for use of the parking lot. City Administrator `- Black noted Mr. Neumann has been very accommodating. Alderman Peterson asked if overnight parking would be permitted on Lot 2. Deputy Administrator Martin noted there are currently no restrictions pertaining to overnight parking on this lot. Alderman Condon noted parking is an issue throughout the downtown. It will continue to need to be addressed. She expressed her appreciation for the cooperative effort. Alderman Santi asked who would be responsible for maintenance of the parking lot. Mr. Blavvise indicated it would be his responsibility. Alderman Santi expressed his belief that things are going in the right direction. Motion by Santi, seconded by Wimmer, to accept Staff's recommendation to pass an ordinance authorizing the Mayor's execution of a Lease and Sublease Agreement among the Edward J. Neumann Jr. Trust,the City of McHenry, and 1110 Green LLC . Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Blake. Motion carried. Regular Meeting October 3,2011 Page 10 ORDINANCE AUTHORIZING REVOCABLE PARKING LICENSE AGREEMENT BETWEEN THE CITY OF MCHENRY AND 1110 GREEN LLC City Administrator Black stated the Second Amendment to the Redevelopment Agreement approved by the City in December 2009 requires the reservation of five open space on-site public parking spaces on the east side of the River Place building. The owners of River Place have approached Staff about obtaining use of the five spaces for their building tenants. Staff has drafted a Parking License Agreement which permits the City to retain ownership of the five spaces but would allow them to be used exclusively by River Place tenants. The terms of the License require payment of an annual license fee of $1,000 and ongoing maintenance responsibilities. City Administrator Black noted Staff has prepared an ordinance authorizing the Mayor's execution of the Parking License Agreement. Attorney McArdle noted 1110 Green LLC would like to edit the Agreement stipulating a one year commitment with a sixty day termination clause after one year to revoke. Alderman Santi requested the Mayor allow discussion prior to Council making a motion on the matter. Mayor Low acknowledged discussion could take place following the motion being made. Motion: Motion by Santi, seconded by Glab, to pass an ordinance authorizing the Mayor's execution of a Revocable Parking License Agreement between the City of McHenry and 1110 Green LLC for a term of one year which terminates unless renewed by the City Council. Discussion on the Motion: Alderman Santi stated he does not have a problem with $1,000 payment for the first year of the license. However, he does not understand how the $1,000 term of the license was arrived at. City Administrator Black provided an explanation of how Staff determined that $1,000 per year was appropriate for the license. Alderman Santi stated he is not comfortable with the $1,000 rental fee in the long term. He inquired how five spaces are priced out. Alderman Glab opined the parking is worth $40,000-$50,000. He stated his belief that parking spaces should just be sold to River Place. Mr. Blawise noted he is charging $25 per month for the parking spaces, as he has to cover maintenance costs, etc. in addition to the City's monthly fee. He stated he just wants to ensure there is ample parking for all tenants of the building. Alderman Glab inquired as to the location of the five spaces in question. City Administrator Black responded to date there have not been a sufficient number of tenants in the building to cause the five spaces to be delineated. Alderman Glab noted parking is at a premium on Green Street. He stated he is not in favor of giving up five spaces to River Place. ''1 Regular Meeting October 3,2011 Page 11 Alderman Schaefer asked about the City's liability as it relates to the five parking spaces. `-- City Attorney McArdle responded the liability is passed on to the licensee. The City would be named as additionally insured on the River Place insurance policy. City Administrator Black stated the five spaces would be designated in the license agreement. Alderman Peterson stated he could not support a motion which authorizes the license agreement for a one-year term. Alderman Condon stated the City wants this project to succeed. She believes $1,000 is negligible but the important thing is to provide parking spaces for the residents of River Place. It is in the best interest of the entire City to have this project succeed. Alderman Santi stated he does not have an understanding of the monetary value of the five parking spaces. Alderman Glab wondered when the City is going to stop giving things away. The City is not here to subsidize businesses. The City has already provided enough toward this project. Voting±on the Motion: Motion by Santi, seconded by Glab, to pass an ordinance authorizing the Mayor's execution of a Revocable Parking License Agreement between the City of McHenry and 1110 Green LLC for a term of one year which terminates unless renewed by the City Council. Voting Aye: Santi, Schaefer. Voting Nay: Glab, Wimmer, Peterson, Condon. Absent: Blake. Motion denied. Motion: Motion by Peterson, seconded by Wimmer, to accept Staffs recommendation to pass an ordinance authorizing the Mayor's execution of a Revocable Parking License Agreement between the City of McHenry and 1110 Green LLC, stipulating a one-year commitment with a 60-day termination clause. Voting Aye: Wimmer, Peterson, Condon, Low. Voting Nay: Santi, Glab, Schaefer. Absent: Blake. Motion carried. ORDINANCE AUTHORIZING BOAT SLIP ACCESS EASEMENT AND ASSIGNMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND 1110 GREEN LLC Deputy Administrator Martin stated Council recently approved the Third Amendment to the Redevelopment Agreement for the former Riverwalk Center now known as River Place. The Regular Meeting October 3,2011 Page 12 terms of the agreement include boat slip access for the property. Staff has prepared a Boat Slip '1 Access Easement and Assignment Agreement which would replace the one which had been in place due to the terms of the original redevelopment agreement. The Agreement includes new language which will provide the City an opportunity to match any offer received by the developer. It is Staff's recommendation to pass an ordinance authorizing the Mayor's execution of the Boat Slip Access Easement and Assignment Agreement as presented. Alderman Peterson inquired if a person is required to reside at River Place in order to lease a boat slip. Mr. Blavvise responded in the negative. Alderman Santi asked for an explanation regarding the right of first refusal versus the right of first offer. Deputy Administrator Martin explained the difference between the two. Alderman Santi inquired if the Agreement would be transferrable upon sale of River Place should that occur. Attorney McArdle responded in the affirmative. Alderman Glab asked about the original agreement with Curtis Commercial. Attorney McArdle responded the initial agreement included the right of first offer. This document was executed and recorded with the McHenry County Recorder of Deeds in 2008. Attorney Cuda noted nothing has been changed. The language contained in the proposed Agreement is the same language included as a part of the Third Amendment to the Redevelopment Agreement passed and approved by Council on June 27, 2011. Deputy Administrator Martin clarified that the piers belong to the City; the slips are being sold as a result of the Agreement. Motion by Wimmer, seconded by Peterson, to accept Staff's recommendation to pass an ordinance authorizing the Mayor's execution of a Boat Slip Access Easement and Assignment Agreement between the City of McHenry and 1110 Green LLC as presented. Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: Blake Motion carried. ORDINANCE AUTHORIZING AN AMENDMENT TO THE ZONING ORDINANCE AND MUNICIPAL CODE TO ALLOW RESIDENTIAL CHICKENS IN THE CITY Deputy Administrator Martin stated a request was submitted to the City to consider allowing backyard chickens. To that end the subject was discussed in depth at Community Development Committee meetings in February and May. The result was a recommendation to bring the matter to Council for consideration as to whether it should continue before the Planning and Zoning Commission for public hearing. The Committee recommendation included a limit of 4 hens per residence, no roosters would be allowed, no more than ten licenses should Regular Meeting October 3,2011 Page 13 be issued during the first year of approval, and a minimum 10-foot setback from all property `-- lines be required for location of chicken coops and runs. Deputy Administrator Martin noted the Planning and Zoning Commission considered this matter at its September 8, 2011 meeting. Following much discussion and input from the public, the Commission voted 3-4 on the proposed amendments to the Zoning Ordinance and Municipal Code which would permit backyard chickens in the City. However, Staff believes that with the specified restrictions in place, an ordinance providing for amendments to the Zoning Ordinance and Municipal Code which would allow residential chickens is appropriate. Alderman Condon noted a lot of research and information was obtained regarding residential backyard chickens. She recognized this is a controversial issue. However, she supported its approval subject to the stated restrictions being in place. Alderman Santi thanked Deputy Administrator Martin for his extensive research on the topic. Alderman Glab stated the City has made a thorough analysis of the issue. He stated only 1%of the residents appear to be in favor of this issue while it would be impacting the remaining 99% of the residents. Everyone he has spoken to regarding this matter either has not been in favor of it or has no opinion. He pointed out he is not in favor of backyard chickens. `- Alderman Schaefer noted a lot of discussion has taken place regarding this matter and he has received extensive feedback and input from residents who are not in favor of backyard chickens. Concerns raised include: the property setback would be too small; lot sizes allowing chickens should be larger; the proposal does not make sense from a neighbor-approval standpoint. Alderman Schaefer expressed concern regarding the burden on Staff to do the inspections regarding coops, chickens and runs in addition to likely complaints. He noted there is currently insufficient Staff and this would make matters worse. Alderman Wimmer inquired as to the size of a typical chicken coop. Deputy Administrator Martin responded the coop size would not be regulated. Alderman Wimmer noted the chicken run can be 50 feet long and inquired how wide the run could be. Director Schwalenberg responded the run could be a total of 50 linear feet. Alderman Wimmer stated he concurred with Alderman Schaefer and finds it difficult to support this matter. Alderman Peterson inquired as to the inspection process for the chicken run. Deputy Administrator Martin responded it would be the same as that required for a dog run. Alderman Peterson stated he would like to see this approved and see how it goes for one year. Alderman Condon stated if the information she has been able to obtain is any indication, this would be a viable program for one year. She concurred with Aldermen Schaefer and Wimmer. She has concerns regarding the smaller lots in town. She noted she supported Regular Meeting October 3,2011 Page 14 larger lot sizes be required for backyard chickens. She noted there will be those who are 111 opposed to it. But the amendment would provide for only ten licenses being issued. Alderman Santi thanked the Community Development Committee members and the Planning and Zoning Commissioners for their work in reviewing and researching this matter. Alderman Schaefer inquired if HOA's would approve backyard chickens in homes in their subdivision. Deputy Administrator Martin responded most covenants limit pets to domestic cats or dogs. Some covenants do not address pets at all. Mayor Low noted she has carefully read all of the documentation regarding this matter. She noted if this is approved, the City would be entering a new territory. She stated an outstanding job was done by the Planning and Zoning Commission and Community Development Committee in researching this matter. Mayor Low noted in her contacts with residents, the comments were overwhelmingly negative regarding backyard chickens. She also expressed concerns regarding the smaller City lots which might be too small for chicken coops and runs. Motion by Condon, seconded by Santi, to accept Staff's recommendation to pass an ordinance providing for amendment to the Zoning Ordinance and Municipal Code to allow residential backyard chickens in the City subject to the following restrictions: 1. A maximum of ten licenses shall be issued during the first year of the program, with a waiting list for any additional requests; 2. A minimum setback of 10 feet from all property lines shall be required for chicken coops and runs; 3. A violation provision shall be added to the Settlement of Offenses Section of the Municipal Code. Voting Aye: Santi, Peterson, Condon. Voting Nay: Glab, Schaefer, Wimmer, Low. Absent: Blake Motion denied. ORDINANCE AUTHORIZING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 7 SECTION 7-3 ALLOWING AN INCREASE TO NON-RESIDENTIAL MINOR PERMIT FEES Director Schwalenberg stated Staff recently reviewed minor permit fees for non- residential development. A recommendation to increase fees was presented before the Community Development Committee on August 30, 2011. The Committee recommended increases as suggested by Staff. In addition the Committee recommended the implementation of plan review fees and temporary occupancy fees, similar to those recently adopted for residential construction projects. It is Staffs recommendation to pass an ordinance providing for the increase in non-residential minor permit fees and the implementation of a plan review fee and temporary occupancy fee as presented. "1 Regular Meeting October 3,2011 Page 15 Alderman Condon commended Director Schwalenberg for his efforts on the proposed `- building code permit fee amendment. Alderman Schaefer stated he was opposed to any increase in fees during these difficult economic times. He stated he likes the idea of plan review fee but believes the proposed permit fee increases are excessive. Alderman Peterson stated he does not believe the proposed increases are excessive. He opined it is important to keep up with the cost of providing service to the community. Motion by Condon, seconded by Santi, to accept the recommendation of the Community Development Committee to increase minor permit fees for non-residential construction and to implement a plan review fee and temporary occupancy fee as presented. Voting Aye: Santi, Glab, Wimmer, Peterson, Condon. Voting Nay: Schaefer. Absent: Blake. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low reported next Monday, October loth is the last Green Street Cruise Night of the season. She noted the event has been extremely successful and well-received by the `- community. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Black reported curbside leaf collection begins on October loth and runs through December 1st FUTURE AGENDA ITEMS Alderman Santi requested Staff contact Comcast and advise the incorrect program was run last week during Council Meeting time. Alderman Glab pointed out that agreements appear not to have dates included on them regarding timeframes for having them signed. L Regular Meeting October 3,2011 Page 16 ADJOURNMENT Motion by Peterson, seconded by Wimmer, to adjourn the meeting at 10:09 p.m. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Blake. Motion carried. The meeting was adjourned at 10:09 p.m. /r Mayor City Clerk j '"1