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HomeMy WebLinkAboutMinutes - 08/27/2007 - City Council REGULAR MEETING AUGUST 27, 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 27, 2007 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, City Clerk Jones, Assistant City Administrator Hobson, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Parks and Recreation Merkel, Director of Finance Black, Director of Public Works Schmitt. Absent: Deputy City Administrator Martin. RECESSED PUBLIC HEARING: AMENDMENT TO ANNEXATION AGREEMENT FOR PRESERVES OF BOONE CREEK Mayor Low reminded Council a Public Hearing was held on August 6, 2007 and recessed to this evening's meeting regarding a proposed amendment to the Preserves of Boone Creek (Adams Farm) Annexation Agreement. Mayor Low reconvened the Public Hearing at 7:31 p.m. In attendance, representing the Applicant Gerstad Builders Inc., was Mr. Roger Gerstad. Mr. Gerstad addressed Council summarizing the modifications to the annexation agreement as follows: 1. Several lots were moved out of the park area in order to preserve open space; 2. An attempt was made to make traffic patterns less of an impact on Newport Trail in Boone Creek Subdivision; 3. Council's concerns regarding the single-family/multi-family construction configuration were addressed. Mr. Gerstad requested Council approval of the proposed amendment to the Annexation Agreement for the Preserves of Boone Creek. Alderman Murgatroyd expressed concern regarding the area shown as a soccer field on the west side of Curran Road. He noted there would be a need for off-street parking. He would prefer the area be designated as passive open space. Mr. Gerstad stated the intent was to indicate a neighborhood open space area to be maintained by the homeowner's association. He stated he would remove the "soccer field" designation from the plat. Alderman Murgatroyd stated there was a stipulation in the Annexation Agreement that the developer pays $100,000 toward road improvements in the area. Alderman Murgatroyd stated he would like a commitment from the developer that these funds be subject to inflation increase on an annual basis until such time as they are paid. Mr. Gerstad noted the agreement stipulates $50,000 must be paid within ninety days of the approval of the first final plat of subdivision and the remaining $50,000 must be paid within ninety days of the approval of the second final plat of subdivision. Alderman Murgatroyd noted he still has some concerns with the development, but since it is already a viable development, he believes the current plan is acceptable. Alderman Condon concurred with Alderman Murgatroyd regarding the proposed "soccer field" on the west side of Curran Road. She stated she is pleased the developer August 27, 2007 Page 2 has addressed Council's concerns. Alderman Condon stated her appreciation the developer has worked with Council to create the best possible development for this land. Alderman Glab expressed concern that the closest neighborhood park to this development is contained in Shamrock Farms Neighborhood 5. He stated he has issues with the fact there are no City parks proposed within the development He does not consider green belts as recreational areas. Alderman Glab stated the reconfiguration on the east side of Curran Road would not curtail traffic impact on Newport Trail. He opined it would be used as a traffic cut-through. Alderman Glab noted he does not believe the neighborhood is well-balanced. Alderman Schaefer inquired about the property marked "not included". Mr. Gerstad responded the property is currently owned by another party and is not included in the development of the Preserves of Boone Creek. Alderman Glab suggested the current owners contribute 15% toward the roadway improvements. Alderman Santi requested clarification regarding the maintenance of the open space areas. Mr. Gerstad responded the open space would be maintained by the homeowner's association in perpetuity. Alderman Schaefer requested clarification regarding the park land dedication in the northeast section of the development. City Administrator Maxeiner clarified the open space would be maintained by the homeowner's association; the -- parklands would be maintained by the City. He noted in the past the City maintained open space. Of late, Council has determined this is the responsibility of the homeowner's association and no longer the responsibility of the City. Alderman Glab stated he is concerned with property that is currently not included in this development. He stated this could be an issue in the future. In response to Mayor Lows inquiry there were no questions or comments from the audience. City Clerk Jones stated no written or verbal comments regarding this matter had been received in the City Clerk's Office. Motion by Santi, seconded by Murgatroyd, to close the Public Hearing at 7:52 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Condon, to approve an ordinance authorizing an amendment to the Preserves of Boone Creek Annexation Agreement including the following: — 1. Remove the phrase "soccer field" from the plans; 2. Include an inflation adjustment to Section 8, road improvement contributions; August 27, 2007 Page 3 3. Include the first trigger date of January 1, 2008 and every January 1st thereafter for adjustment of road improvement contributions based on the December 31st CPI. Voting Aye: Santi, Schaefer, Murgatroyd, Wrmmer, Peterson, Condon, Low. Voting Nay: Glab. Absent: None. Motion carried. PUBLIC INPUT SESSION - 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Wrmmer, seconded by Schaefer, to approve the Consent Agenda as presented: A. Sale of Surplus Property by Auction: Ordinance authorizing sale of City surplus property; Contract with McHenry County Council of Governments to sell surplus property; B. Payment for emergency removal/replacement of light poles at 3424 and 3438 West Elm Street- Meade Electric in the amount of$14,970; C. Special Use/Picnic Permits; D. City Council Minutes: - August 13, 2007 regularly scheduled meeting; E. List of Bills: A-ABLE ALARM SERVICE INC 65.00 ACRES GROUP 14,045.00 ADAMS, JOHN 240.00 ADVANCED SPROTS INC 1,580.00 AKF MCHENRY FLYING DRAGO 320.00 ALLIANCE BIBLE CHURCH 75.00 ARAMARK WORK APPAREL & U 742.37 ASSURED FLOW SALES INC 283.87 AT&T 2,671.68 AT&T LONG DISTANCE 51.41 B&W CONTROL SYSTEMS INTE 171.15 BARON, JULIE AND MIKE 39.52 BONNELL INDUSTRIES INC 3,687.50 BROGAN, WILLIAM J 89.10 BULL VALLEY BP 51.00 BUSS FORD SALES 657.83 CENTEGRA OCCUPATIONAL ME 72.00 CHRISTIAN ENTERPRISE, BE 165.00 CLIFFORD-WALD 70.00 CMW WELDING 340.00 CONSERV FS 118.13 COX, BILLIE 33.90 DALTON, MICHAEL 20.99 DIEDRICH, TODD 37.50 EPCO PAINT 308.33 FAMILY TAILOR SHOP 266.00 FAST EDDIES CAR WASH 77.70 FISCHER BROS FRESH 1,682.32 ^` FLESCH COMPANY INC, GORD 108.45 FOXCROFT MEADOWS INC 175.50 GERSTAD BUILDERS 1,120.81 GMIS ILLINOIS 200.00 GOLD MEDAL PRODUCTS 548.76 August 27, 2007 Page 4 GRAPHIC IMAGINATION INC 41.59 GREAT LAKES FIRE & SAFET 112.50 GREENER 4 HOUSE 1 26.80 GROWER EQUIPMENT & SUPPL 241.76 HACH COMPANY 311.70 HALOGEN SUPPLY COMPANY 502.50 HANSEN'S ALIGNMENT, DON 130.00 HILL, STEVE 16.93 HP SHOOTING CENTER INC 249.22 ILLINOIS RURAL WATER 78.00 IN TIME SOLUTIONS INC 660.00 INNOVATIVE PACKAGING INC 84.00 JOHNSON-YATES, JOYCE 36.47 KALE UNIFORMS INC 24.99 KNUDSEN, KATHLEEN 75.75 KRANZ, MICHAEL 37.50 KUSTOM SIGNALS INC 110.00 LANG PONTIAC-CADILLAC-SU 5.36 LAW ENFORCEMENT SYSTEMS 169.00 LEARNING TREE INTERNATIO 2,330.00 MARKS TREE SERVICE 700.00 MARYS FLOWERS & GIFTS 164.00 MCH CTY MUNICIPAL RISK M 3,371.00 MCHENRY ANALYTICAL WATER 544.00 MCHENRY COUNTY COUNCIL O 132.00 MCHENRY COUNTY SUPPLY IN 99.40 MCHENRY FAVORITE SPORT C 205.96 MCHENRY RADIOLOGISTS 259.00 MCHENRY SCHOOLS TRANSPOR 1,664.47 MCHENRY SPECIALTIES 135.00 MCHENRY STORAGE, THE 580.00 MCKEEN, BRIAN J 654.08 MEADE ELECTRIC COMPANY I 598.00 MEYER MATERIAL COMPANY 23.80 MINUTEMAN PRESS OF MCH 1,707.76 MUNICIPAL CLERKS OF 70.00 MURDOCK SUPER SECUR 186.95 NATIONAL RECREATION AND 1,125.00 NEXTEL COMMUNICATIONS 3,236.73 NICOR GAS 568.19 O'HERRON CO INC, RAY 1,331.36 O'MEARA, THOMAS 48.30 PACE 10,216.42 PENZE, JACKIE 800.00 PEPSI-COLA GENL BOT 728.10 PETROLIANCE LLC 4,122.45 PETROW, STEPHANIE S 125.00 PITNEY BOWES INC 310.85 POLCYN, PAT 75.00 PRATT, SHIRLEY 43.00 QUILL CORPORATION 280.84 R & S DISTRIBUTORS INC 212.80 RESERVE ACCOUNT 11500.00 RICCI, DONNA 14.91 RODENKIRCH, GERALD 41.81 S&S WORLDWIDE INC 716.35 SCHOOL SPECIALTY INC 75.49 SCHOPEN PEST SOLUTIONS 90.00 SEC GROUP INC 210.00 SHERMAN BENEFIT MANAGER 103.85 SHERMAN MECHANICAL INC 2,187.98 STANS OFFICE TECHNOLOGIE 435.19 STAPLES BUSINESS ADVANTA 58.38 TASER INTERNATIONAL 160.00 TAYLOR STREET PIZZA 70.00 TEMCO MACHINERY INC 573.10 TOPS IN DOG TRAINING COR 250.00 TRAFFIC CONTROL & PROTEC 59.14 TRAGESER, PETE 50.00 VALLEY VIEW ACRES 1,190.00 VIKING CHEMICAL COMPANY 4,272.44 WACHENDORF, MARK 70.00 WALLACE, SUZANNE 19.66 WIRCH, STEVE 145.33 August 27, 2007 Page 5 WITT, CINDY 146.29 ZUKOWSKI ROGERS FLOOD & 20,727.78 GRAND TOTALS 102,847.07 FUND TOTALS GENERAL FUND 67,565.51 WATER/SEWER FUND 15,392.70 RISK MANAGEMENT FUND 3,443.00 INFORMATION TECHNOLOGY FUND 4,261.10 RETAINED PERSONNEL ESCROW 12,164.76 TOTALS 102,847.01 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CLASS G1 LIQUOR LICENSE - JONELL DAHL FAMILY TRUST LTD D/B/A NANA'S KITCHEN LOCATED AT 4113 WEST SHAMROCK LANE Mayor Low stated Cheryle Walls, owner of Nana's Kitchen has requested a Class G1 Liquor License for her facility located at 4113 West Shamrock Lane. She noted Ms. Walls is intending to expand her current catering/take-out business to a restaurant with a formal dining area and beer and wine service. Mayor Low stated she has met with the applicant who has submitted all the appropriate paperwork and paid the required fees. Ms. Walls has been fingerprinted. All Nana's Kitchen employees will attend BASSET training as required by City ordinance. Mayor Low stated it is her recommendation to award a G1 Liquor License to Nana's Kitchen. Motion by Murgatroyd, seconded by Peterson, to accept Mayor Low's recommendation to award a Class G1 Liquor License to the Jonell Dahl Family Trust Ltd., d/b/a Nana's Kitchen located at 4113 West Shamrock Lane, subject to satisfactory fingerprinting results and all Nana's Kitchen employees attending a BASSET training class. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE -WICKES FURNITURE, 3310 SHOPPERS DRIVE Director of Community Development Napolitano stated Wickes Furniture has requested an additional wall sign to be erected on the south building elevation of their building located at 3310 Shoppers Drive. The sign would provide identification for customers using the rear parking area of the site. Director Napolitano noted Wickes currently has two signs on the building. The requested variance would permit a third sign. Should the variance be granted, the total wall signage would still be less than the maximum square footage allowed on the building. Director Napolitano stated Staff has no concerns with the request and supports the variance. Alderman Condon stated she is glad to see a furniture store in McHenry again. She noted the store is well laid out. August 27, 2007 Page 6 Motion by Schaefer, seconded by Glab, to accept Staff s recommendation to —` approve a sign variance permitting a third wall sign for Wickes Furniture located at 3310 Shoppers Drive. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT - CAMP BOW WOW, 3107 WEST ROUTE 120 Director Napolitano stated Applicants Jason and Kari Vanick intend to open an upscale dog care center and overnight kennel on the property located at 3107 West Route 120. As part of this project they are seeking approval to have an outdoor dog play area on the east side of the building. Director Napolitano noted the kennel is a permitted use in the C5 Zoning District. The outdoor play area requires a conditional use permit. Director Napolitano reported the Applicants appeared before the Planning and Zoning Commission at a Public Hearing held on August 16, 2007 and received a unanimous recommendation for approval subject to the following conditions: 1. Solid vinyl fencing shall be used to enclose the outdoor play area; 2. All noise control efforts shall be made in accordance to the applicants' narrative submitted with their application; 3. Waste and odor shall be controlled by routine maintenance in accordance to the applicants' narrative submitted with their application; 4. Parking lot shall be restriped; 5. If it is determined noise nuisance occurs, the applicants shall be required to install solid landscape barrier to shield sound from adjacent residents; 6. Granting the request shall be subject to Staff assessment and review 90 days following the beginning of operations. Alderman Santi suggested the applicants be granted a one-year conditional use and the applicants be required to return to Council after one year to ensure everything remains copasetic. Alderman Glab stated he would prefer a less stringent restriction than a one-year trial term. Alderman Schaefer opined the proposed site is a good venue for the use. Alderman Condon stated her support of the business concept. Attorney McArdle noted if the one-year condition is placed on the use, the conditional use permit would expire at the end of the twelve-month period. The petitioners would be required to come back to Council after twelve months. August 27, 2007 Page 7 Motion by Santi, seconded by Schaefer, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a conditional use permit for one year to allow an outdoor dog play area to Jason and Kari Vanick for Camp Bow Wow located at 3107 West Route 120, subject to the following conditions: 1. Solid vinyl fencing shall be used to enclose the outdoor play area; 2. All noise control efforts shall be made in accordance to the applicants' narrative submitted with their application; 3. Waste and odor shall be controlled by routine maintenance in accordance to the applicants' narrative submitted with their application; 4. Parking lot shall be restriped; 5. If it is determined noise nuisance occurs, the applicants shall be required to install solid landscape barrier to shield sound from adjacent residents; 6. Granting the request shall be subject to Staff assessment and review 90 days following the beginning of operations. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR USE OF VETERANS MEMORIAL PARK AND SPECIAL EVENT LIQUOR LICENSE FOR A WINE FESTIVAL — MCHENRY DOWNTOWN BUSINESS ASSOCIATION In attendance was John Macrito of McHenry Downtown Business Association. Assistant City Administrator Hobson stated the McHenry Downtown Business Association has approached the City requesting permission to host a wine festival at Veterans Memorial Park on October 7, 2007 from 1 p.m. until 5 p.m. Assistant City Administrator Hobson noted persons attending the event will be charged a $10 admission fee. Patrons will receive a wristband, wine glass and five tickets good for a one-ounce sample per ticket. Assistant City Administrator Hobson stated the organizers intend to use temporary fencing and special event barricades to contain the event to the southern portion of the park. This would provide added security and delineate the area from the playground. Security will be provided by the Downtown Business Association. Assistant City Administrator Hobson stated it is Staffs recommendation to approve the request. Alderman Condon requested clarification regarding whether each participant is only entitled to five tickets. Mr. Macrito responded the Association was planning to provide only five tickets per person. Alderman Glab inquired if insurance would be provided. Assistant City Administrator Hobson stated the Downtown Business Association is responsible for providing liability insurance. Alderman Schaefer noted he is looking forward to the event. August 27, 2007 Page 8 Alderman Murgatroyd inquired if someone is not planning on drinking wine would the fee be waived. Mr. Macrito responded in the affirmative. The general admission fee would be $2. Responding to Alderman Peterson's inquiry regarding security, Assistant City Administrator Hobson stated, in light of the small amount of wine (5 oz per patron) to be consumed, the security firm should have no problem handling the event. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to approve a Wine Festival to be held on Sunday, October 7, 2007 at Veterans Memorial Park between 1 p.m. and 5 p.m. to be hosted by the McHenry Downtown Business Association; and to grant a special event liquor license for the event. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SPECIAL USE TO HOST A CIRCUS AT PETERSEN PARK ON SEPTEMBER 7, 2007— KELLY MILLER CIRCUS Assistant City Administrator Hobson reported the Kelly Miller Circus has requested a special use to host a circus at Petersen Park on Friday, September 7, 2007. The Circus is planning two 90-minutes shows. Approximate attendance at each show is anticipated to be 500 people. The fee schedule for special event use of the park is based on the number of persons attending the event. The park rental fee for an event having less that 1,000 persons attending is $750. The fee is $1,000 for greater than 1,000 attendees. Responding to an inquiry by Alderman Peterson, Assistant City Administrator Hobson stated the Kelly Miller Circus has not had any issues regarding animal cruelty. Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to approve a special use submitted by Kelly Miller Circus to host a circus at Petersen Park on Friday, September 7, 2002 and to assess the typical park rental fees. Voting Aye: Santi, Glab, Schaefer, Wimmer, Condon. Voting Nay: Murgatroyd, Peterson. Absent: None. Motion carried. ORDINANCES GRANTING ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT FOR THE RIVERWALK CENTER DEVELOPMENT — 1110 NORTH GREEN STREET Director Napolitano stated Council approved an ordinance granting a zoning map amendment and a conditional use permit for the property located at 1110 North Green — Street on April 23, 2007. Subsequent to the Council meeting, Staff ascertained the , applicant had not published notification of the Planning and Zoning Commission's Public Hearing held on April 5, 2007. As notification was not properly made to the public of the proposed zoning action, the initial public hearing was considered null and void and the August 27, 2007 Page 9 ordinance passed on April 13, 2007 must be repealed. Director Napolitano stated, consequently, the matter is once again being presented to Council for action. Director Napolitano stated the Applicant, Curtis Commercial, is seeking a zoning map amendment for their project located at 1110 North Green Street. The property is currently zoned 0-1 Local Office. The Applicant is requesting C4 Downtown Commercial District. Director Napolitano also noted the Applicant is seeking a conditional use permit for expanded site plan review in the Downtown Overlay District to allow a 4-story mixed-use building on the premises. Director Napolitano noted the Applicant appeared before the Planning and Zoning Commission at a Public Hearing held on August 16, 2007 and received a unanimous recommendation subject to the following conditions: 1. A landscaping plan shall be provided for review and approval by the Community Development Department prior to the start of construction; and 2. Specifications for proposed signage for first floor tenants (size, color, etc) shall be provided to the Community Development Department for approval. Director Napolitano concluded it is Staffs recommendation to repeal the ordinance previously granting the applicant approval of the requests and to pass an ordinance granting a zoning map amendment to C4 Downtown Commercial District and a conditional use permit for expanded site plan review in the Downtown Overlay District to allow a 4- story mixed use building at 1110 North Green Street. r Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to: 1) Approve an ordinance repealing City of McHenry Ordinance Number ORD-07-1380 passed by Council on 4/23/07; 2) Approve an ordinance granting a zoning map amendment from 01 Local Office to C4 Downtown Commercial District and a conditional use permit for expanded site plan review in the Downtown Overlay District to allow a 4-story mixed-use building at 1110 North Green Street, subject to the following conditions: a. A landscaping plan shall be provided for review and approval by the Community Development Department prior to the start of construction; and b. Specifications for proposed signage for first floor tenants (size, color, etc.) shall be provided to the Community Development Department for approval. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. DISCUSSION: CREATION OF CITY OF MCHENRY HISTORIC DISTRICT ENCOMPASSING RESIDENTIAL PROPERTIES ON WAUKEGAN ROAD AND MAIN STREET Director Napolitano stated the City's Landmark Commission has been working in t conjunction with Council's Community Development Committee on the creation of an Historic District encompassing the residential properties on Waukegan Road and Main Street. In April 2002 the Commission held a neighborhood meeting to discuss the possible August 27, 2007 Page 10 creation of an historic district. Since that time, the Commission has been working with Staff 'Z to develop clear guidelines and to delineate the boundary of the historic district. Director Napolitano noted Staff has been working with the Commission during the past few months to refine the Design Guidelines. The proposed guidelines include language from the City's Teardown Regulations and Downtown Design Guidelines. The Landmark Commission endorsed the guidelines which have been provided for Council's review this evening. Director Napolitano stated there are specific requirements which the Landmark Commission must follow in the creation of the Historic District. It is Staffs recommendation that Council direct the Landmark Commission to initiate the process needed to create an Historic District encompassing the residential properties on Waukegan Road and Main Street. Alderman Murgatroyd noted a lot of work has been done towards the creation of the Historic District during the last four or five months. He stated it is now at the point where it needs to be in order to move forward. Alderman Condon stated many homes in the downtown area add to the charm of the community. She stated she would like to see the charm preserved. Alderman Santi concurred with Alderman Condon. Alderman Santi stated this is the first step in growth and creation of the Historic District next to the Riverwalk. Alderman Glab stated he is glad to see preservation of building integrity in the residential district. Alderman Schaefer stated he is looking forward to moving ahead with the Historic District. Alderman Condon commended the Landmark Commission and Staff for their efforts in moving forward with the creation of the District. Mayor Low introduced members of the Landmark Commission who were in attendance: Chairman Gerhard Rosenberg and Patrick Wirtz. Motion by Murgatroyd, seconded by Condon, to accept the recommendation of the Landmark Commission and Community Development Committee to direct the Landmark Commission to pursue the creation of an Historic District encompassing the residential properties on Waukegan Road and Main Street. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. August 27, 2007 Page 11 LEASE AGREEMENT WITH MCHENRY SAVINGS BANK FOR PROPERTY LOCATED AT 1209 NORTH GREEN STREET Assistant City Administrator Hobson stated in 1995 the City and McHenry Savings Bank entered into a sale and lease back agreement for a portion of the parking area behind 1209 North Green Street. The terms of the agreement were that the City sold McHenry Savings Bank the parking area to allow for the possible expansion of the bank. The agreement restricted McHenry Savings Bank's use of the property solely for banking purposes. In return, McHenry Savings Bank agreed to lease back the parking area to the City for $1.00 per year until April 15, 2005. The lease was renewed in 2005 for a two-year period, with the sole exception: McHenry Savings Bank withdrew the clause allowing the City to buy-back the property. The lease is up for renewal at this time. During discussions with McHenry Savings Bank, Mr. Jim Marinangel expressed concern the City paid only $1.00 per year for the use of the parking lot while charging residents $5/month for permit parking on the lot. Mr. Marinangel stated as long as the City generates revenue from the parking spaces, the Savings Bank should be entitled to 50% of the revenue generated by the parking permits issued for that lot. Assistant City Administrator Hobson stated it is Staffs recommendation to direct the City Attorney to draft a lease agreement with McHenry Savings Bank for $1.00 per year for 2007/2008 with a shared revenue arrangement subject to a reimbursement (from revenues generated from the lot) to the City for maintenance (snow removal) costs associated with the lot. Mayor Low opened the floor for Council discussion regarding this matter. Alderman Glab stated he supports Staffs recommendation. Alderman Schaefer stated he has mixed feelings. He believes the City is incurring a cost in maintaining the lot. Alderman Murgatroyd stated his support of right of first refusal. He believes the parking lot provides a service to residents of the community. It also provides a benefit to the property owner. He stated he is opposed to a revenue-sharing format. Alderman Murgatroyd stated he supports a $1.00 lease agreement only if there are no provisions for reimbursement to the property owner. Alderman Wimmer concurred with Alderman Murgatroyd. Alderman Peterson inquired who typically purchases the parking permits. Assistant City Administrator Hobson responded East Campus students purchase permits to park in the Green Street Lot. Alderman Peterson suggested if there is no lease, the City would not maintain the lot and the owner would be forced to maintain his property, including snow removal during the winter months. ti City Administrator Maxeiner stated he was informed today that Mr. Marinangel has no intention of signing a lease as outlined in this evening's agenda supplement, which August 27, 2007 Page 12 includes provisions for revenue sharing and reimbursement. Alderman Condon stated it sounds as though Mr. Marinangel is trying to avoid signing the lease under any circumstances. She opined this is ludicrous. Motion by Wimmer, seconded by Condon, to NOT enter into a lease agreement with McHenry Savings Bank for the property located at 1209 North Green Street. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 21, STREETS AND SIDEWALKS City Administrator Maxeiner stated legislation was recently passed in the State of Illinois to allow A T & T access to municipal rights-of-way (ROW) for the purpose of updating their equipment to fiber optic. Fiber optic lines will allow A T & T to provide high speed internet services to more areas and to offer video services over the phone line. A T & T is not required to enter into a franchise agreement with each municipality in order to gain access to the ROW. City Administrator Maxeiner noted the recently approved legislation states that municipalities cannot unreasonably withhold permits for A T & T upgrades if they comply with our local ROW ordinance. To that end, Staff has drafted a revised ROW ordinance that addresses site restoration and aesthetic concerns. Additionally, the revisions require utilities to remove abandoned equipment within 90 days of abandonment. City Administrator Maxeiner stated the revised ordinance would assist Staff in its efforts to require landscaping for utility cabinets and restoration following construction of the new cabinets. It is Staffs recommendation to pass an ordinance amending Municipal Code Chapter 21, Article V — Utilities in the Right-of-Way and repealing Section 21.12 — Permission for Poles and Wires. Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to pass an ordinance amending Municipal Code Chapter 21, Article V — Utilities in the Right- of-Way and repealing Section 21.12 — Permission for Poles and Wires. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low announced her intention to appoint Ron Glosson to the City's Landmark Commission and requested Council approval. August 27, 2007 Page 13 Motion by Wimmer, seconded by Santi, to accept the Mayor's recommendation to appoint Ronald E. Glosson to the City of McHenry Landmark Commission with a term expiring April 30, 2009. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE REPORTS Chairman Alderman Condon announced there is a Community Development Committee Meeting scheduled for Tuesday, August, 28, 2007 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner announced the Municipal Center will be closed on Monday, September 3, 2007 for the Labor Day Holiday. FUTURE AGENDA ITEMS Alderman Glab noted the www.ourmchenry.com business signs are still appearing in the City's right-of-way. Alderman Glab stated an enormous amount of water still remains in McCracken Field. Alderman Glab also noted how fortunate McHenry was during recent downpours and was grateful for adequate drainage. Mayor Low extended her appreciation to the City employees for their efforts to clean up following the rain storms last week. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 8:57 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:57 p.m. MAYOR CITY E