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HomeMy WebLinkAboutPacket - 10/03/2011 - City Council CityMCHenryof <<� Ati 333 South Green Street www.ci.mchenry.il.us McHenry, Illinois 60050-5495 Mayor's Office (815) 363-2108 AGENDA Fax (815) 363-2119 REGULAR CITY COUNCIL MEETING Administration Monday, October 3, 2011, 7:30 PM (815) 363-2100 Fax (815) 363-2119 1. Call to Order Construction and 2. Roll Call Neighborhood Services 3. Pledge of Allegiance (815) 363-2170 Fax (815) 363-2173 4. Oath of Office: Deputy Chief John Birk Finance Department 5. Public Input Session: 10 Minute Limitation (815) 363-2100 Fax (815) 363-2119 6. Consent Agenda: A. Award of bid to Acura, Inc. for the estimated amount of $47,440 for replacement Parks and Recreation of Pearl Street Bridger deck joints; (815) 363-2160 B. Permission to post temporary advertising signs in municipal right-of-ways and Fax (815) 363-3186 waiver of associated fees for Friends of McHenry Public Library Book Sale, 809 N Front Street; Police Non-Emergency C. September 26, 2011 City Council meeting minutes; and (815) 363-2200 D. List of Bills. Fax (815) 363-2149 7. Installation of temporary lighting on McHenry School District 15 property adjacent to Shamrock Farms Public Works Park for MASF practice field from October 4"'through November 16th (815) 363-2186 Fax (815) 363-2214 8. Conditional use permit for religious institution, 5603 Bull Valley Road 9. Lease and Sublease Agreement between Edward J. Neumann, Jr. Trust, 1110 Green LLC, and City of McHenry Mayor 10. Revocable parking license agreement between the City of McHenry and 1110 Green LLC Susan E. Low City Clerk 1 1. Boat Slip Access Easement and Assignment Agreement between City of McHenry and 1 1 10 Green LLC Janice C. Jones 12. Amendment to Zoning Ordinance and Municipal Code to allow residential chickens Treasurer 13. Ordinance amending Municipal Code Chapter VII, Sec 7-3 updating permit fees Steven C. Murgatroyd 14. Mayor Statement and Reports Aldermen 15. Committee Reports WARD 1 Victor A. Santi 16. Staff Reports WARD 2 17. Future Agenda Items Andrew A. Glab 18. Adjournment WARD 3 Jeffrey A. Schaefer Posted: September 28, 2011 WARD 4 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon CONSENT AGENDA The Consent Agenda for the October 3, 2011, City Council meeting consists of the following items: A. Award of bid to Acura, Inc. for the estimated amount of $47,440 for replacement of Pearl Street Bridger deck joints; B. Permission to post temporary advertising signs in municipal right-of-ways and waiver of associated fees for Friends of McHenry Public Library Book Sale, 809 N Front Street; C. September 26, 2011 City Council meeting minutes; and D. List of Bills. CONSENT AGENDA TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works FOR: October 3, 2011 Regular City Council Meeting RE: Pearl Street Bridge Deck Joint Replacement Bid Recommendation ATT: Bid Sheet HR Green, Inc. bid recommendation Background. On July 18, 2011, the City Council authorized staff to publicly bid for the replacement of deck joints on the Pearl Street Bridge. Sealed bids were received on September 27, 2011. There were a total of three bidders for the project with bids ranging from $47,440 to $57,613. The Engineer's Opinion of Probable Cost was $54,725. Analysis. HR Green, Inc. has analyzed the bids, checked for accuracy, and recommends to award the contract to the lowest bidder, Acura Inc. of Bensenville, Illinois. This is a unit price contract and the final cost of construction will be based on actual final quantities. The 2011/12 Capital Improvement Program budget includes $75,000 in funding for design, engineering, and construction of the Pearl Street Bridge deck joint replacement with revenues from the Motor Fuel Tax Fund. Recommendation. Staff requests City Council to award the bid for the Pearl Street Bridge deck joint replacement to Acura Inc. in the amount of $47,440 (actual amount may vary based on quantities used). BID TABULATION Job No. 86110204 Project:Pearl Street Bridge Rehabilitiation Date: 09/27/2011 Approved ALLIANCE CONTRACTORS ACURA,INC. SJOSTROM&SONS,INC. County: MCHENRY Time: 11:00 A.M. Engineer's 1166 LAKE AVE. 556 COUNTY LINE ROAD 1129 HARRISON AVENUE Sec No. 11-00075-00-BR Estimate WOODSTOCK,IL 60098 BENSENVILLE,IL 60106 ROCKFORD,IL 61104 Estimate: $ 54,725.00 Item Item Unit Quantity Total Unit Price Total Unit Price Total Unit Price Total No. Unit Price 1 NEOPRENE EXPANSION JOINT 2 FOOT 47 $275.00 $ 12,925.00 $387.00 $ 18,189.00 $260.00 $ 12,220.00 $427.00 $ 20,069.00 2 NEOPRENE EXPANSION JOINT4" FOOT 36 $325.00 $ 11,700.00 $604.00 $ 21,744.00 $315.00 $ 11,340.00 $454.00 $ 16,344.00 3 POLYMER CONCRETE CU FT 22 $1,000.00 $ 22,000.00 $238.00 $ 5,236.00 $590.00 $ 12,980.00 $600.00 $ 13,200.00 4 TRAFFIC CONTROL AND PROTECTION,STANDARD BLR 21(SPECIAL) LSUM 1 $5,000.00 $ 5,000.00 $2,320.00 $ 2,320.00 $3,900.00 $ 3,900.00 $5,000.00 $ 5,000.00 5 IMOBILIZATION LSUM 1 $3,100.00 $ 3,100.00 $2,915.00 $ 2,915.00 $7,000.001 $ 7,000.00 $3,000.00 $ 3,000.00 Total As Read $ 54,725.00 $ 50,404.00 $ 47,440.00 $ 57,613.00 Total As Corrected 0:\86110204\Des ig n\B id\B I DTAB-092711.x1s W-1 HRGreen September 27, 2011 Mr. Jon Schmitt Director of Public Works City of McHenry 333 South Green Street McHenry, Illinois 60050 RE: Pearl Street Bridge Rehabilitation Recommendation of Award MFT Section 11-00075-00-BR Job No.: 86110204 Dear Mr. Schmitt: Bids for the above improvement were received on September 27, 2011. We have analyzed the bids and checked them for accuracy and find Acura, Inc. of Bensenville, Illinois to be the lowest qualified bidder. There were three (3) bidders for this project with the bids ranging from a low bid of$47,440.00 submitted by Acura, Inc. to a high bid of$57,613.00 submitted by Sjostrom & Sons, Inc. The bid submitted by Acura, Inc. is 13.31% below the approved Engineer's Estimate of Cost; therefore, we recommend award of the contract to Acura, Inc., in the amount of $47,440.00. Please note that it is a unit price contract and the final construction cost may slightly vary from the awarded amount. A copy of the Bid Tabulation is enclosed. Please call if you have any questions. Sincerely, - HR GREEN, INC. /17 Chad J. Pieper, P.E. City Engineer CJP/dw Enclosure cc: Mr. Kevin Ark HR Green Hrgmhnas\O:\8611 0204\design\corr\external\itr-09271 1-recomendation of award-cip.docx €ice f 15. A5.177t3 815,365.17,51 300,7 �,"i"€0rj �` CONSENT AGENDA TO: Mayor and City Council FROM: Douglas P Martin, Deputy City Administrator FOR: October 3, 2011 Regular City Council Meeting RE: Request for Temporary Sign Variance and for McHenry Public Library Book Sale, 809 N. Front Street and Request for Fee Waiver The Friends of the McHenry Public Library is holding a book sale at the library on October 22 and 23, 2011. To advertise the event, they are requesting permission to place 18" X 24" signs along city right-of-way from October 15-23 in the following locations: Green Street & Charles J. Miller Road Bull Valley Road & Crystal Lake Road Crystal Lake Road & Illinois Route 120 McCullom Lake Road & Illinois Route 31 Illinois Route 31 & Black Boulevard Illinois Route 120 & Green Street Illinois Route 31 & Bull Valley Road Illinois Route 31 & Lillian Street Illinois Route 31 & Illinois Route 120 Lincoln Road & Chapel Hill Road The proposed signs are similar to those used to advertise band concerts, craft fairs, and other like events. The applicant is also requesting waiver of the associated fees, $175 sign variance fee and $60 sign permit fee. The Friends of the McHenry Public Library has held this book sale for many years. The only other signage approved to be displayed along city right-of-way during this time period is for the Parks and Recreation Department's Halloween Hoopla event. Staff has no concerns with this request and recommends approval as presented. REGULAR MEETING SEPTEMBER 26, 2011 Mayor Low called the regularly scheduled September 26, 2011 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. 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, Water Superintendent Palmer, Parks and Recreation Director Merkel, Chief of Police Jones. PUBLIC INPUT SESSION Rose Lillegard, owner of Some Other Nuts on Green Street in McHenry, addressed Council regarding the canopy over her store. She noted her insurance company will pay for the fascia repair, however, they have determined the canopy is not part of the fascia, and consequently, they would not assist in canopy repair or removal. Ms. Lillegard stated she refuses to spend her money for canopy repair or removal as she believes it to be located on City property. She stated she is willing to work with the City, but believes it is the City's responsibility to remove the canopy. Ms. Lillegard noted she has sought bids from McHenry businesses for canopy removal, and requested City consideration of her plight. Mayor Low stated the City is aware of the situation regarding her canopy. She noted no action can be taken on a matter raised during Public Input. City Administrator Black assured Ms. Lillegard that he would call her on September 27, 2011 regarding this matter. CONSENT AGENDA Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as presented: A. Request from Landmark PTO for special use of City streets for its annual hayride event; B. Request for authorization to seeks bids for the installation of holiday lighting in Veterans Memorial Park; C. Ordinance amending Municipal Code Chapter 4,reducing the number of Class G1 liquor licenses from seven to six; D. Resolution allocating MFT Funds for Pearl Street Bridge Repairs; E. Ordinance authorizing the sale of surplus Public Works Sewer Division property by online auction; F. Request for special use/picnic permits; G. City Council Minutes: September 12,2011 regularly scheduled meeting; H. List of Bills: ACE HARDWARE, BJORKMAN'S 1,996.61 ACE TOWING & RECOVERY 125.00 ADAMS ENTERPRISES INC, R 1,038.64 ADVANCED AUTOMATION AND 1,595.00 AKERS, DIANNA 120.00 ANDERSON, BRIAN 720.00 ANDERSON, CHRIS 150.00 AT&T 4,155.04 AUTO TECH CENTERS INC 493.85 BARCLAY, TIM 730.00 BAXTER & WOODMAN 1,289.71 Regular Meeting Page 2 September 26,2011 BELL, ADAM C 650.00 BERMUDEZ, CECILIA 216.00 BERRY, CINDY 119.00 BLAKE, MICHELLE 33.00 BNL MCHENRY INC 210.00 BURES, MARK 60.00 BUSS FORD SALES 355.50 CABBY, VAL 120.00 CAREY ELECTRIC 1,425.00 CARQUEST AUTO PARTS STOR 556.30 CDW GOVERNMENT INC 3,632.39 CENTEGRA OCCUPATIONAL HE 317.52 CERTIFIED SERVICES INC 7.50 CINTAS CORPORATION #355 1,535.55 COLDWELL BANKER PRIMUS 30.00 COMCAST CABLE 75.79 COMED 130.76 CONSERV FS 156.00 CONSTELLATION NEWENERGY 18,400.21 COUGHLIN, KEVIN 33.00 CRESCENT ELECTRIC SUPPLY 205.48 CRYSTAL CLEAR MUSIC PROD 2,110.00 CUMMINGS, JOHN G 740.00 CURRAN CONTRACTING COMPA 1,337.73 CUSTOM LANDSCAPING 160.00 CUTTING EDGE COMMUNICATI 92.50 D'ANGELO NATURAL SPRING 38.75 DAVIS, MARGE 120.00 DOCUMENT IMAGING DIMENSI 178.00 ED'S AUTOMOTIVE/JIM'S MU 23.00 EDER CASELLA & CO 13,650.00 ENERGY DEVELOPMENT FIELD 62.50 ENVIRONMENTAL RESOURCE A 157.05 FAST EDDIES CAR WASH 110.65 FISCHER BROS FRESH 1,130.75 FLESCH COMPANY INC, GORD 186.82 FOX VALLEY FIRE & SAFETY 132,085.00 FOXCROFT MEADOWS INC 900.55 FREUND, MICHAEL R 590.00 FREUND, ROBERT L 600.00 GLICK, DEBORAH A 38.75 GUYNES, TERRY 150.00 HACH COMPANY 96.15 HAWKINS INC 2,287.64 HD SUPPLY WATERWORKS 601.00 HOLTZ, TED 620.00 HP SHOOTING CENTER INC 60.00 HRGREEN 10,934.05 HYDRA-STOP INC 9,411.62 IZDEPSKI, PEGGI 120.00 KALE UNIFORMS INC 211.85 KIMBALL MIDWEST 446.15 KNAUF, MICHAEL J 60.00 KOTIW, DAVID 42.00 KUBIK, ROBERT 1,081.75 LECHNER,• ANDY 60.00 MAIL BOX MAGAZINE, THE 29.95 MATUSZEWICH, JOYCE 62.08 MAXIM CONSTRUCTION CORP 328,074.41 MCCANN INDUSTRIES INC 72.40 MCH CTY MUNICIPAL RISK M 419,029.00 MCHENRY ANALYTICAL WATER 788.00 MCHENRY COUNTY RECORDER 600.00 MCHENRY FIRESTONE 615.97 MCMASTER-CARR SUPPLY CO 132.15 MCNEELY, TOM 740.00 MEYER MATERIAL COMPANY 69.09 MIDWEST HOSE AND FITTING 296.91 MIDWEST METER INC 1,250.00 MINUTEMAN PRESS OF MCH 2,067.54 Regular Meeting Page 3 September 26,2011 MORRIS, MATT 60.00 MYERS, LAURA 117.00 NAPA AUTO PARTS MPEC 1,435.12 NEUMANN JR, EDWARD J 500.00 NICOR GAS 436.57 NIELSEN, RICHARD 70.00 NORTHWEST SUBURBAN LACRO 900.00 OSIECKI, IRENE 120.00 OTTOSEN BRITZ KELLY COOP 536.50 PAREJKO, TERRY 60.00 PEIFFER, DUANE 140.00 PEPSI BEVERAGE COMPANY 91.50 PETERS & ASSOCIATES INC 2,400.00 PETROLIANCE LLC 9,521.79 PETTIBONE & CO, P F 195.99 PITEL SEPTIC INC 525.00 PITNER, KEITH 670.00 PITNEY BOWES INC 255.00 POE, DAVE 600.00 POLYACK, MICHAEL 70.00 POOL SPECIALISTS, THE 129.00 POTTS, MIKE 670.00 PRECISION SERVICE & PART 292.85 PROFESSIONAL INSPECTION 1,820.00 PUCHALSKI, RICHARD J 4,161.46 RANIERI, AMANDA 42.00 REINDERS INC 199.45 RELIABLE SAND & GRAVEL 330.89 RESERVE ACCOUNT 1,254.12 RIGG, NATHAN 740.00 RIVERSIDE BAKE SHOP 42.61 ROC CONSTRUCTION SUPPLY 71.68 SCHLINDER, ANDY 120.00 SCHWEDA, SHERRY 120.00 SHERWIN INDUSTRIES INC 2,657.92 SMARZEWSKI, JOHN 740.00 STAN'S FINANCIAL SERVICE 222.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 940.54 STRANG, PATRICIA 69.00 THELEN MATERIALS LLC 66.38 THEODORE POLYGRAPH SERV 135.00 TIPPS, BRIAN 730.00 TIPPS, GREGORY P 720.00 TOALSON, BILL 490.00 TOWNE, MARK R 90.00 TRIEFENBACH, GORDON W 740.00 ULINE 190.34 ULTRA STROBE COMMUNICAIT 161.85 USA BLUEBOOK 34.37 VERIZON WIRELESS 1,824.00 WASTE MANAGEMENT OF WI P 12,468.14 WELNINSKI, TAMMY 59.00 ZABIELSKI, JOHN 60.00 ZAHN, DAN 486.00 ZUKOWSKI ROGERS FLOOD & 12,143.50 GRAND TOTALS 1,038,910.18 FUND TOTALS GENERAL FUND 50,861.82 PAGEANT FUND 13.20 BAND FUND 14,420.00 ALARM BOARD FUND 132,085.00 AUDIT EXPENSE FUND 13,650.00 TIF FUND 900.00 CAPITAL IMPROVEMENTS FUND 10,747.05 CAPITAL EQUIPMENT FUND 161.85 WATER/SEWER FUND 53,320.84 UTILITY IMPROVEMENTS FUND 329,669.41 Regular Meeting Page 4 September 26,2011 RISK MANAGEMENT FUND 419,045.69 INFORMATION TECHNOLOGY FUND 6,597.90 RETAINED PERSONNEL ESCROW 3,275.96 POLICE PENSION FUND 4,161.46 TOTALS 1,038,910.18 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF VEHICLES—BEST WAY TOWING, 1319 NORTH DRIVE Deputy Administrator Martin stated a request was submitted by Best Way Towing for a conditional use permit to allow outdoor storage of vehicles associated with the operation of their towing business located at 1319 North Drive. The matter was presented before the Planning and Zoning Commission at a public hearing held on September 8, 2011. The Commission recommended approval of the request subject to the following conditions being met: 1. The property shall be cleared of any miscellaneous debris; 2. There shall be no outside storage of anything other than vehicles which are directly tied to the business on the property; 3. The outdoor storage area shall remain inaccessible to the general public and be maintained so that grass/weeds are not growing and vehicles shall be stored in an orderly manner; 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored only inside of the building; 5. The chain link fence enclosing the outside storage area shall include horizontal slats for screening. Alderman Peterson inquired if there were comments from the neighbors regarding the request. Deputy Administrator Martin responded there was only one comment and the issue was resolved. Alderman Schaefer requested clarification regarding condition #4. Deputy Administrator Martin stated that all inoperable vehicles would have to be stored inside of the building. Vehicles which have been impounded or towed due to police citation, as long as they were operable, would be permitted to be stored outside in the designated storage area. Also responding and providing further clarification, Attorney McArdle noted all "broken-down" vehicles should be stored in the building, as per condition#4. Motion by Wimmer, seconded by Santi, to accept the recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to Best Way Towing for its operation at 1319 North Drive, to allow outside storage on the premises, subject to the following conditions being met: 1. The property shall be cleared of any miscellaneous debris; Regular Meeting Page S September 26,2011 2. There shall be no outside storage of anything other than vehicles which are directly tied to the business on the property; 3. The outdoor storage area shall remain inaccessible to the general public and be maintained so that grass/weeds are not growing and vehicles shall be stored in an orderly manner; 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored only inside of the building; 5. The chain link fence enclosing the outside storage area shall include horizontal slats for screening. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE — PARK VIEW PLAZA SOUTHEAST CORNER OF BANK DRIVE AND ROUTE 31 Deputy Administrator Martin stated a request was received from attorney Mike Firsel representing the owner of Park View Plaza Shopping Center located at the southeast corner of Bank Drive and Illinois Route 31. Park View Plaza is seeking a one-foot setback variance for an existing freestanding sign adjacent to Illinois Route 31. The variance will be required as a result of Illinois Department of Transportation (IDOT) intersection improvements scheduled to begin next year. As a result of the improvements the existing sign would be located 6.03 feet from the Route 31 property line. The sign ordinance required a 7-foot setback. The setback variance is therefore required. Staff supports the request as presented. Alderman Condon noted the variance request certainly has merit. Motion by Condon, seconded by Santi, to accept Staff's recommendation to grant a sign variance to Park View Plaza Shopping Center allowing a setback of 6.03 feet from the Illinois Route 31 property line as presented. Voting Aye: Santi,Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE REPEALING ORDINANCE NO ORD-11-1539 AND AUTHORIZING THE EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT—MCHENRY COMMONS SHOPPING CENTER In attendance was Matt Hende of Regency Centers and Attorney Harold Francke. City Administrator Black stated on June 6, 2011 the City Council approved an economic incentive agreement with Regency Centers to provide for a sales tax rebate to the shopping Regular Meeting Page 6 September 26,2011 center owner. The rebate would partially offset the capital investment made to fill the remaining square footage in the former Dominick's building with a Hobby Lobby store. The terms of the agreement allowed the shopping center owner to receive a maximum rebate of$1 million over a 20-year term. City Administrator Black noted the shopping center owners continued to negotiate a lease with Hobby Lobby and the terms of the original incentive agreement have now been modified to more accurately reflect the terms of the lease. The reimbursement request has been reduced from $1 million to $677,499.49 which represents 71.2% of the total expenses to renovate the center for Hobby Lobby. The City would reimburse the shopping center over a 20- year term. City Administrator Black stated it is Staff's recommendation to pass an ordinance repealing Ordinance No ORD-11-1539, which authorized the initial economic incentive agreement, and to authorize the Mayor and City Clerk's execution of the Economic Incentive Agreement with Regency Centers for its McHenry Commons Shopping Center as presented this evening. Alderman Condon inquired as to the reason for the $322,000 difference between the two agreements. Mr. Hende responded the revised agreement includes only the amount directly attributable to the improvements relating to Hobby Lobby's space. The previous agreement included improvements for the entire center. Alderman Glab inquired as to the status of the original agreement. Attorney McArdle responded if Council passes an ordinance authorizing the current agreement, the original ordinance ORD-11-1539 and its associated agreement would be nullified. Alderman Blake wished the shopping center well and noted he is happy to see the amount of reimbursement has been reduced. Alderman Glab inquired as to the pro rata share, in other words, the percentage of the work which was done prior to June 61h. Mr. Frank noted he appreciated the consideration that has been extended Regency Centers by the City. He acknowledged the terms of the present agreement are much better for everyone, including the City. Alderman Condon noted that last time she was concerned that the reimbursement numbers were too high. She acknowledged she is more comfortable with the figures contained in the agreement at this time. She is happy with the work that has been done and sees the shopping center improvements and the associated rebates as a benefit to the community. Motion by Wimmer, seconded by Condon, to accept Staff's recommendation to pass an ordinance repealing Ordinance No. ORD-11-1539 and authorizing the Mayor and City Clerk's Regular Meeting Page 7 September 26,2011 execution of an Economic Incentive Agreement with McHenry Commons Shopping Center as presented. Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab, Blake. Absent: None. Motion carried. REQUEST TO WAIVE BIDDING PROCESS AND ACCEPT PROPOSAL FROM WATER WELL SOLUTIONS FOR REHABILITATION OF WELL#9—IN AN AMOUNT NOT-TO-EXCEED$44,226 Water Superintendent Palmer stated Well #9 was put into service in 1992 with a pumping capacity of 860 gallons per minute (GPM). In early 2007 the pump was rebuilt and the motor was replaced. Currently, Well #9 is producing only 750 GPM. Staff sought a proposal from Water Well Solutions to perform a high rate injection process and install a water level pressure transducer for Well #9. Water Well Solutions is the sole provider of this service. A proposal was received in the amount of$44,226 which is below the budgeted $60,000 for well rehabilitation. It is Staffs recommendation to waive the bidding process, and to award the well rehabilitation project for Well #9 to Well Water Solutions in the amount not-to-exceed $44,226 as presented. Motion by Wimmer, seconded by Blake, to accept Staff's recommendation to waive the bidding process and award the Well #9 rehabilitation project to sole provider Well Water Solutions in the amount not-to-exceed $44,226 as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT There was no Mayor Statement and Report. COMMITTEE REPORTS Chairman Alderman Peterson announced minutes of the September 7, 2011 Parks and Recreation Committee meeting would be forthcoming. STAFF REPORTS City Administrator Black announced Fall Hydrant Flushing begins on Monday, October, 3, 2011. Regular Meeting Page 8 September 26,2011 FUTURE AGENDA ITEMS Alderman Glab noted the City needs to address residents flying the American flag all the time. He opined flags should be in good condition and removed when they become tattered. Alderman Condon suggested flag regulation information could be included in the City Newsletter. ADJOURNMENT Motion by Wimmer, seconded by Peterson,to adjourn the meeting at 8:16 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:16 p.m. Mayor City Clerk rDATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 11091041 510 32 1060 ABB INC 7101059431REMOTE CABLE 10/03/11 0 092711 729.42 510.32.6110 1109 092711 GLJ2831 729.42 092711 11091042 100 46 1073 ACCUCUT 581713PROGRAM SUPPLIES 10/03/11 0 092711 119.00 100.46.6110 1109 092711 GLJ2831 119.00 092711 11091043 100 33 1106 ADAMS STEEL SERVICE INC 298830CAMERA TRUCK SUPPLIES 10/03/11 0 092711 18.76 100.33.5370 1109 092711 GLJ2831 18.76 092711 11091044 100 33 1106 ADAMS STEEL SERVICE INC 298909CAMERA TRUCK SUPPLIES 10/03/11 0 092711 44.90 100.33.5370 1109 092711 GLJ2831 44.90 092711 11091045 100 33 1106 ADAMS STEEL SERVICE INC 298745CAMERA TRUCK SUPPLIES 10/03/11 0 092711 13.84 100.33.5370 1109 092711 GLJ2831 13.84 092711 11091046 100 33 1106 ADAMS STEEL SERVICE INC 299020VEHICLE REPAIR PARTS 10/03/11 0 092711 16.55 100.33.5370 1109 092711 GLJ2831 16.55 092711 11091033 100 47 1421 AMELIO, ROBERT 8/15-9/16 SOFTBALL UMPIRE SERVICES 10/03/11 0 092711 305.50 100.47.5110 1109 092711 GLJ2831 305.50 092711 11091047 100 XXXXX 1450 AT&T SEPT/OCT ALARM CIRCUITS 10/03/11 0 092711 1,600.99 100.22.5320 1109 092711 GLJ2831 1115.59 092711 100.43.5320 1109 092711 GLJ2831 121.63 092711 100.45.5320 1109 092711 GLJ2831 363.77 092711 11091048 510 XXXXX 1450 AT&T SEPT/OCT ALARM CIRCUITS 10/03/11 0 092711 706.84 510.31.5320 1109 092711 GLJ2831 121.63 092711 510.32.5320 1109 092711 GLJ2831 585.21 092711 11091049 XXXXX XXXXX 1450 AT&T SEPT/OCT PRI PHONE LINES 10/03/11 0 092711 869.76 100.01.5320 1109 092711 GLJ2831 157.19 092711 100.02.5320 1109 092711 GLJ2831 49.16 092711 100.04.5320 1109 092711 GLJ2831 65.56 092711 100.22.5320 1109 092711 GLJ2831 311.38 092711 100.30.5320 1109 092711 GLJ2831 49.16 092711 100.33.5320 1109 092711 GLJ2831 16.39 092711 100.03.5320 1109 092711 GLJ2831 106.53 092711 100.41.5320 1109 092711 GLJ2831 49.16 092711 100.44.5320 1109 092711 GLJ2831 8.19 092711 100.46.5320 1109 092711 GLJ2831 16.39 092711 100.47.5320 1109 092711 GLJ2831 8.19 092711 620.00.5110 1109 092711 GLJ2831 32.46 092711 11091050 100 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 10/03/11 0 092711 181.08 100.01.5320 1109 092711 GLJ2831 175.39 092711 100.22.5320 1109 092711 GLJ2831 .50 092711 100.30.5320 1109 092711 GLJ2831 1.18 092711 100.33.5320 1109 092711 GLJ2831 2.32 092711 100.41.5320 1109 092711 GLJ2831 .57 092711 100.42.5320 1109 092711 GLJ2831 .04 092711 DATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.45.5320 1109 092711 GLJ2831 1.08 092711 11091051 510 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 10/03/11 0 092711 9.54 510.31.5320 1109 092711 GLJ2831 8.09 092711 510.32.5320 1109 092711 GLJ2631 1.45 092711 11091054 300 00 2022 BANK OF NEW YORK MELLON, MCHENRY10ABOND INTEREST PAYMENT 10/03/11 0 092711 15,957.50 300.00.7200 1109 092711 GLJ2831 15957.50 092711 11091055 300 00 2022 BANK OF NEW YORK MELLON, MCHGOREF05BOND INTEREST PAYMENT 10/03/11 0 092711 40,036.25 300.00.7200 1109 092711 GLJ2831 40036.25 092711 11091034 100 47 2148 BENTZ, DONALD J 8/15-9/16 SOFTBALL UMPIRE SERVICES 10/03/11 0 092711 76.50 100.47.5110 1109 092711 GLJ2831 76.50 092711 11091056 100 33 2153 BERGGREN, LEE 247812OVERHEAD DOOR REPAIRS 10/03/11 0 092711 316.85 100.33.5370 1109 092711 GLJ2831 316.85 092711 11091057 100 00 2 BJORKMAN'S ACE HARDWARE REFUND PERMIT #11-09-022B 10/03/11 0 092711 30.00 100.00.3410 1109 092711 GLJ2831 30.00 092711 11091052 620 00 2561 BPMS SOFTWARE 1061 SOFTWARE SUPPORT 10/03/11 0 092711 397.00 620.00.5110 1109 092711 GLJ2831 397.00 092711 11091035 100 47 2637 BREMER, CURTIS H 8/15-9/16 SOFTBALL UMPIRE SERVICES 10/03/11 0 092711 52.00 100.47.5110 1109 092711 GLJ2831 52.00 092711 11091058 100 03 2636 BRENNAN, DAN 9/9/11MOWING SERVICES 10/03/11 0 092711 1,645.00 100.03.5110 1109 092711 GLJ2831 1645.00 092711 11091037 100 47 2651 BROWN, PAUL 8/15-9/16 SOFTBALL UMPIRE SERVICES 10/03/11 0 092711 230.00 100.47.5110 1109 092711 GLJ2831 230.00 092711 11091059 510 XXXXX 5 BURLEY, JUNE 1002501703WATER/SEWER OVERPAYMENT REF 10/03/11 0 092711 17.70 510.32.3660 1109 092711 GLJ2831 4.08 092711 510.31.3610 1109 092711 GLJ2831 13.62 092711 11091060 100 45 2758 BURRIS EQUIPMENT COMPANY PL73316 TRACTOR REPAIR PARTS 10/03/11 0 092711 266.85 100.45.5370 1109 092711 GLJ2831 266.85 092711 11091061 100 45 2758 BURRIS EQUIPMENT COMPANY PL73391 SODCUTTER PARTS 10/03/11 0 092711 10.00 100.45.6110 1109 092711 GLJ2831 10.00 092711 11091062 100 45 2758 BURRIS EQUIPMENT COMPANY PL73406 TRACTOR REPAIR PARTS 10/03/11 0 092711 205.34 100.45.5370 1109 092711 GLJ2831 205.34 092711 11091063 100 22 2765 BUSS FORD SALES 210805VEHICLE REPAIR PARTS 10/03/11 0 092711 282.28 100.22.5370 1109 092711 GLJ2831 282.28 092711 11091085 100 01 3007 CARRY ELECTRIC 25642 RIVERWALK BRIDGE ROPE LIGHTING 10/03/11 0 092811 3,050.00 100.01.5110 1109 092811 GLJ2833 3050.00 092811 DATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ---------------------------------------------------------------------------------------------------------------- 11091086 510 31 3248 CHEMICAL PUMP SALES & SE 71302 SUPPLIES 10/03/11 0 092811 62.70 510.31.6110 1109 092811 GLJ2833 62.70 092811 11091087 510 32 3531 COMED SEPT 2011 UTILITIES 10/03/11 0 092811 224.36 510.32.5510 1109 092811 GLJ2833 224.36 092811 11091088 100 46 3538 CONNEY SAFETY PRODUCTS 4003235 FIRST AID SUPPLIES 10/03/11 0 092811 53.90 100.46.6110 1109 092811 GLJ2833 53.90 092811 11091038 100 47 4146 DELISI, PHIL 8/15-9/16 SOFTBALL UMPIRE SERVICES 10/03/11 0 092711 175.00 100.47.5110 1109 092711 GLJ2831 175.00 092711 11091089 510 32 4637 DREISILKER ELECTRIC MOTO 1770668 MOTOR REPAIRS & PARTS 10/03/11 0 092811 371.93 510.32.5380 1109 092811 GLJ2833 371.93 092811 11091090 510 32 4637 DREISILKER ELECTRIC MOTO I776938 FURNACE BLOWER MOTOR 10/03/11 0 092811 113.86 510.32.5375 1109 092811 GLJ2833 113.86 092811 11091091 100 22 10144 DUCAK, KELLY 9/16/11 TRAINING EXPENSE REIMB 10/03/11 0 092811 8.00 100.22.5420 1109 092811 GLJ2833 8.00 092811 11091092 100 22 10144 DUCAK, KELLY CLOTHING ALLOWANCE REIMB 10/03/11 0 092811 94.60 100.22.4510 1109 092811 GLJ2833 94.60 092811 11091093 100 47 4746 DUNN, TAMMY 6/30-9/8 PARKS PROGRAM INSTRUCTOR 10/03/11 0 092811 175.00 100.47.5110 1109 092811 GLJ2833 175.00 092811 11091118 510 32 5107 ED'S RENTAL & SALES INC 23327-1 EQUIPMENT RENTAL 10/03/11 0 092811 75.00 510.32.5380 1109 092811 GLJ2835 75.00 092811 11091119 100 33 6293 FISCHER BROS FRESH 14352 MATERIALS 10/03/11 0 092811 631.50 100.33.6110 1109 092811 GLJ2835 631.50 092811 11091120 100 33 6293 FISCHER BROS FRESH 14354 MATERIALS 10/03/11 0 092811 361.50 100.33.6110 1109 092811 GLJ2835 361.50 092811 11091121 100 46 3272 FLOWER SHOW PRODUCTIONS 3/15/12 PARKS FIELD TRIP TICKETS 10/03/11 0 092811 627.00 100.46.5110 1109 092811 GLJ2835 627.00 092811 11091039 100 47 6554 FOWLER, JEFF R 8/15-9/16 SOFTBALL UMPIRE SERVICES 10/03/11 0 092711 92.00 100.47.5110 1109 092711 GLJ2831 92.00 092711 11091122 510 31 6559 FOXCROFT MEADOWS INC 37807 GRASS SEED & STRAW BLANKET 10/03/11 0 092811 235.00 510.31.6110 1109 092811 GLJ2835 235.00 092811 11091123 100 33 6559 FOXCROFT MEADOWS INC 37816 GRASS SEED & STRAW BLANKET 10/03/11 O 092811 340.40 100.33.6110 1109 092811 GLJ2835 340.40 092811 11091124 100 33 6559 FOXCROFT MEADOWS INC 37845 GRASS SEED & STRAW BLANKET 10/03/11 0 092811 413.40 100.33.5370 1109 092811 GLJ2835 413.40 092811 DATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 11091126 100 46 7281 G IMPRESSIONS INC 10-001882 SIGNS FOR HOLIDAY EVENTS 10/03/11 0 092811 172.25 100.46.6920 1109 092811 GLJ2835 122.25 092811 100.46.6110 1109 092811 GLJ2835 50.00 092811 11091125 610 00 7050 GALLAGHER RISK MANAGEMEN 567351NOTRAY BOND - AALTO 10/03/11 0 092811 30.00 610,00.5960 1109 092811 GLJ2835 30.00 092811 11091127 100 XXXXX 7641 GREVE, CLINT 9/2/11REFUND WITHHOLDINGS - WC WAGES 10/03/11 0 092811 20.91 100.203 1109 092811 GLJ2835 20.91 092811 11091128 100 33 3662 HERITAGE-CRYSTAL CLEAN L 11830788 PARTS WASHER SERVICE 10/03/11 0 092811 137.06 100.33.6110 1109 092811 GLJ2836 137.06 092811 11091129 100 22 8319 HIPOINT EMBROIDERY INC 8605 EMPLOYEE UNIFORMS 10/03/11 0 092811 430.06 100.22.4510 1109 092811 GLJ2836 430.06 092811 11091130 100 33 8650 HRGREEN 75824 ROYAL DR TRAFFIC COUNT 10/03/11 0 092811 137.00 100.33.5110 1109 092811 GLJ2836 137.00 092811 11091131 100 01 8650 HRGREEN 73915 INVOICE CORRECTION 10/03/11 0 092811 137.00- PER MICHELLE, MCHENRY 100.01.5110 1109 092811 GLJ2836 137.00OR 092811 11091132 440 00 8650 HRGREEN 76347 PEARL STREET BRIDGE 10/03/11 0 092811 4,625.25 440.00.8900 1109 092811 GLJ2836 4625.25 092811 270-STPROGRAM 11091133 580 32 8650 HRGREEN 76498 SEWER SYSTEM IMPROVEMENTS 10/03/11 0 092811 2,795.00 580.32.8500 1109 092811 GLJ2836 2795.00 092811 580-CWWSWW 11091134 440 00 8650 HRGREEN 76499 LEGEND LAKES BUILDOUT 10/03/11 0 092811 650.00 440.00.5110 1109 092811 GLJ2836 650.00 092811 440-KIMBALL 11091135 510 31 8650 HRGREEN 76500 WTP #2 10/03/11 0 092811 19,615.00 510.31.8500 1109 092811 GLJ2836 19615.00 092811 580-WTRPL2 11091136 510 31 8650 HRGREEN 76501 ENGINEERING SERVICES 10/03/11 0 092811 411.00 510.31.5110 1109 092811 GLJ2836 411.00 092811 11091137 740 00 8650 HRGREEN 76502 PANDA EXPRESS 10/03/11 0 092811 721.50 740.00.5220 1109 092811 GLJ2836 721.50 092811 11091138 740 00 8650 HRGREEN 76503 WATER MAIN - RIVER & 120 10/03/11 0 092811 1,701.40 740.00.5220 1109 092811 GLJ2836 1701.40 092811 11091139 740 00 8650 HRGREEN 76504 MCDONALD'S-RT 21 & PARK PLACE 10/03/11 0 092811 738.25 740.00.5220 1109 092811 GLJ2836 738.25 092811 DATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 11091140 740 00 8650 HRGREEN 76505 LIBRARY REVIEW 10/03/11 0 092811 886.00 740.00.5220 1109 092811 GLJ2836 886.00 092811 11091141 100 04 9402 ILLINOIS GFOA 10/14/11 REGISTRATION FEE 10/03/11 0 092811 30.00 LYNCH 100.04.5430 1109 092811 GLJ2836 30.00 092811 11091142 100 47 9580 IRISH PRAIRIE RECREATION SEPT-DEC PARKS PROGRAM POOL RENTAL 10/03/11 0 092811 1,625.00 100.47.5110 1109 092811 GLJ2836 1625.00 092811 11091143 510 32 9668 ITT WATER & WASTEWATER U 7651536 UTILITY SYSTEM REPAIR PARTS 10/03/11 0 092811 706.09 510.32.5380 1109 092811 GLJ2836 706.09 092611 11091144 100 22 11025 KALE UNIFORMS INC 580195BODY ARMOR 110/03/11 0 092811 3,045.36 100.22.6110 1109 092811 GLJ2836 3045.36 092811 11091145 100 22 11025 KALE UNIFORMS INC 580771EMPLOYEE UNIFORMS 10/03/11 0 092811 68.51 100.22.4510 1109 092811 GLJ2836 68.51 092811 11091146 100 33 11286 KIMBALL MIDWEST 2109922 SUPPLIES 10/03/11 0 092811 351.54 100.33.5370 1109 092811 GLJ2836 378.80 092811 100.33.5370 1109 092811 GLJ2836 EARLY PAY DISCOUNT 27.26CR 092811 11091147 100 33 11286 KIMBALL MIDWEST 2119310 SUPPLIES 10/03/11 0 092811 161.92 LANG 100.33.5370 1109 092811 GLJ2836 173.39 092811 100.33.5370 1109 092811 GLJ2836 11.47CR 092811 11091148 100 33 12017 LANG PONTIAC-CADILLAC-SU 93863 VEHICLE REPAIR PART$ 10/03/11 0 092811 13.36 100.33.5370 1109 092811 GLJ2836 13.36 092811 11091040 100 47 13045 MAZZUCA, JOE 8/15-9/16 SOFTBALL UMPIRE SERVICES 10/03/11 0 092711 92.00 100.47.5110 1109 092711 GLJ2831 92.00 092711 11091153 100 33 14069 MCCANN INDUSTRIES INC 11023977 RETURNS 10/03/11 0 092811 957.75- 100.33.6110 1109 092811 GLJ2836 957.75CR 092811 11091154 100 33 14069 MCCANN INDUSTRIES INC 11027153 SUPPLIES 10/03/11 0 092811 3,040.56 100.33.6110 1109 092811 GLJ2836 3040.56 092811 11091155 510 31 14246 MCHENRY ANALYTICAL WATER 28317 WATER SAMPLE ANALYSIS 10/03/11 0 092811 22.00 510.31.5110 1109 092811 GLJ2836 22.00 092811 11091156 100 XXXXX 14296 MCHENRY COUNTY COUNCIL 0 3 DINNER MEETING 9/21/11 10/03/11 0 092811 99.00 100.02.5430 1109 092811 GLJ2836 66.00 092811 100.03.5430 1109 092811 GLJ2836 33.00 092811 11091157 100 33 14284 MCHENRY COUNTY TREASURER 10/13+14 WORKSHOP REGISTRATIONS 10/03/11 0 092811 250.00 100.33.5430 1109 092811 GLJ2836 250.00 092811 DATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE -------------------------------------------------------------------------------------------- 11091158 510 XXXXX 14284 MCHENRY COUNTY TREASURER 10/13+14 WORKSHOP REGISTRATIONS 10/03/11 0 092811 100.00 510.31.5430 1109 092811 GLJ2836 50.00 092811 510.32.5430 1109 092811 GLJ2836 50.00 092811 11091159 100 47 14278 MCHENRY SPECIALTIES 2011-987 FALL SOFTBALL PLAQUES 10/03/11 0 092811 162.50 100.47.6110 1109 092811 GLJ2836 162.50 092811 11091149 100 33 13140 MEADE ELECTRIC COMPANY 1651957TRAFFIC SIGNAL MAINTENANCE 10/03/11 0 092811 195.78 100.33.6110 1109 092811 GLJ2836 195.78 092811 11091150 100 33 13141 MEIER & SONS FENCE MFG, 6427 FENCING MATERIALS 10/03/11 0 092811 358.45 100.33.6110 1109 092811 GLJ2836 358.45 092811 11091151 100 33 13309 MID AMERICAN WATER OF WA 127340W SUPPLIES 10/03/11 0 092811 262.80 100.33.6110 1109 092811 GLJ2836 262.80 092811 11091152 100 33 13525 MOLL, DALE CDL REIMB 10/03/11 0 092811 60.00 100.33.5430 1109 092811 GLJ2836 60.00 092811 11091160 100 XXXXX 15545 NICOR GAS AUG/SEPT UTILITIES 10/03/11 0 092811 85.58 100.43.5510 1109 092811 GLJ2836 32.74 092811 100.45.5510 1109 092811 GLJ2836 52.84 092811 11091161 510 XXXXX 15545 NICOR GAS AUG/SEPT UTILITIES 10/03/11 0 092811 69.59 510.31.5510 1109 092811 GLJ2836 39.48 092811 510.32.5510 1109 092811 GLJ2836 50.11 092811 11091162 510 31 15553 NORTH SUBURBAN WATER 10/13/11 MONTHLY LUNCHEON MEETING 10/03/11 0 092811 45.00 510.31.5430 1109 092811 GLJ2836 45.00 092811 11091163 580 32 15563 NORTHWEST TECHNICAL MCHO1-01 PUMP REPLACEMENT 10/03/11 0 092811 5,915.25 580.32.8500 1109 092811 GLJ2836 5915.25 092811 580-CWWSWW 11091117 100 47 17003 PALA, JOSIE 6/28-8/30 PARKS PROGRAM INSTRUCTOR 10/03/11 0 092811 212.50 100.47.5110 1109 092811 GLJ2835 212.50 092811 11091094 100 03 2532 PETROLIANCE LLC 9067611 VEHICLE FUEL 10/03/11 0 092811 110.97 100.03.6250 1109 092811 GLJ2833 110.97 092811 11091095 100 22 2532 PETROLIANCE LLC 9062033 VEHICLE FUEL 10/03/11 0 092811 3,251.06 100.22,6250 1109 092811 GLJ2833 3251.06 092811 11091096 100 22 2532 PETROLIANCE LLC 9064423 VEHICLE FUEL 10/03/11 0 092811 2,801.43 100.22.6250 1109 092811 GLJ2833 2801.43 092811 11091097 100 33 2532 PETROLIANCE LLC 9064422 VEHICLE FUEL 10/03/11 0 092811 986.53 100.33.6250 1109 092811 GLJ2833 986.53 092811 11091098 100 33 2532 PETROLIANCE LLC 9067615 VEHICLE FUEL 10/03/11 0 092811 459.00 100.33.6250 1109 092811 GLJ2833 459.00 092811 DATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 11091099 510 31 2532 PETROLIANCE LLC 9067613 VEHICLE FUEL 10/03/11 0 092811 315.87 510.31.6250 1109 092811 GLJ2833 315.87 092811 11091100 100 22 2532 PETROLIANCE LLC 23308 EMPLOYEE UNIFORMS 10/03/11 V 092811 .00 11091101 100 22 2532 PETROLIANCE LLC 23504 EMPLOYEE UNIFORMS 10/03/11 V 092811 .00 11091103 100 22 17154 PETTIBONE & CO, P F 23308 EMPLOYEE UNIFORMS 10/03/11 0 092811 45.00 100.22.4510 1109 092811 GLJ2835 45.00 092811 11091104 100 22 17154 PETTIBONE & CO, P F 23504 EMPLOYEE UNIFORMS 10/03/11 0 092811 29.99 100.22.4510 1109 092811 GLJ2835 29.99 092811 11091105 100 22 17154 PETTIBONE & CO, P F 23505 EMPLOYEE UNIFORMS 10/03/11 0 092811 179.99 100.22.4510 1109 092811 GLJ2835 179.99 092811 11091106 100 22 17154 PETTIBONE & CO, P F 23506 EMPLOYEE UNIFORMS 10/03/11 0 092811 169.27 100.22.4510 1109 092811 GLJ2835 169.27 092811 11091107 100 22 17547 PORTER LEE CORPORATION 10827 EVIDENCE SUPPLIES 10/03/11 0 092811 207.00 100.22.6210 1109 092811 GLJ2835 207.00 092811 11091109 100 47 17655 PRO PLAYER CONSULTANTS I 9/10-10/15PARKS PROGRAM INSTRUCTOR 10/03/11 0 092811 910.00 100.47.5110 1109 092811 GLJ2835 910.00 092811 11091110 100 00 18742 QUILL CORPORATION 6761570 OFFICE SUPPLIES 10/03/11 0 092811 173.40 100.00.6210 1109 092811 GLJ2835 173.40 092811 11091116 100 33 19001 R&S FENCE COMPANY SEPT 2011 FENCING SUPPLIES 10/03/11 0 092811 84.50 100.33.6110 1109 092811 GLJ2835 84.50 092811 11091111 100 33 19015 RADICOM INC 97625 RADIO BASE STATION INSTALL 10/03/11 0 092811 1,033.45 100.33.5110 1109 092811 GLJ2835 1033.45 092811 11091112 510 XXXXX 19015 RADICOM INC 97625 RADIO BASE STATION INSTALL 10/03/11 0 092811 532.38 510.31.5110 1109 092811 GLJ2835 469.75 092811 510.32.5110 1109 092811 GLJ2835 62.63 092811 11091113 100 45 19155 REINDERS INC 1358337 VEHICLE REPAIR PARTS 10/03/11 0 092811 113.31 100.45.5370 1109 092811 GLJ2835 113.31 092811 11091114 100 33 19169 REVCORE RADIATOR INC 5339 VEHICLE REPAIRS 10/03/11 0 092811 400.00 100.33.5370 1109 092811 GLJ2835 400.00 092811 11091115 100 33 19531 ROC CONSTRUCTION SUPPLY 23066 SUPPLIES 10/03/11 0 092811 85.71 100.33.6110 1109 092811 GLJ2835 85.71 092811 11091079 100 00 2 SEARS APPLIANCE OUTLET REFUND PERMIT #11-09-062 10/03/11 0 092811 30.00 100.00.3410 1109 092811 GLJ2833 30.00 092811 DATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------- 11091080 100 02 20151 SECRETARY OF STATE/INDEX AALTO NOTARY COMMISSION RENEWAL 10/03/11 0 092811 10.00 100.02.6940 1109 092811 GLJ2833 10.00 092811 11091081 100 47 2670 SPORTS SUPPLY GROUP INC 94197287 PARK PROGRAM SUPPLIES 10/03/11 0 092811 61.40 100.47.5110 1109 092811 GLJ2833 61.40 092811 11091084 100 47 20733 ST PAULS EPISCOPAL CHURC OCT 2011 PARKS PROGRAM RENTAL SPACE 10/03/11 0 092811 206.70 100.47.5110 1109 092811 GLJ2833 206.70 092811 11091082 100 XXXXX 20711 STAPLES ADVANTAGE 8019675353OFFICE SUPPLIES 10/03/11 0 092811 338.72 100.00.6210 1109 092811 GLJ2833 171.03CR 092811 100.22.6210 1109 092811 GLJ2833 171.03 092811 100.04.6210 1109 092811 GLJ2833 39.15 092811 100.22.6210 1109 092811 GLJ2833 192.40 092811 100.33.6210 1109 092811 GLJ2833 107.17 092811 11091083 100 XXXXX 20705 STAPLES CREDIT PLAN AUG 2011 SUPPLIES 10/03/11 0 092811 1,236.96 100.22.6210 1109 092811 GLJ2833 16.99 092811 100.22.6270 1109 092811 GLJ2833 219.98 092811 100.30.6270 1109 092811 GLJ2833 999.99 092811 11091068 100 33 21247 THELEN MATERIALS LLC 269202MATERIALS 10/03/11 0 092811 161.13 100.33.6110 1109 092811 GLJ2833 161.13 092811 11091069 100 33 21632 TRAFFIC CONTROL & PROTEC 70491 STREET SIGNS 10/03/11 0 092811 93.68 100.33.6110 1109 092811 GLJ2833 93.68 092811 11091070 100 33 21632 TRAFFIC CONTROL & PROTEC 70238 STREET SIGNS 10/03/11 0 092811 344.77 100.33.6110 1109 092811 GLJ2833 344.77 092811 11091071 100 33 _ 21632 TRAFFIC CONTROL & PROTEC 70067 STREET SIGNS 10/03/11 0 092811 163.88 100.33.6110 1109 092811 GLJ2833 163.88 092811 11091072 100 33 21632 TRAFFIC CONTROL & PROTEC 70602 STREET SIGNS 10/03/11 0 092811 218.08 100.33.6110 1109 092811 GLJ2833 218.08 092811 11091073 100 33 21632 TRAFFIC CONTROL & PROTEC 70296 STREET SIGNS 10/03/11 0 092811 258.36 100.33.6110 1109 092811 GLJ2833 258.36 092811 11091074 510 32 22669 USA BLUEBOOK 484070MECHANICAL CYLINDER SCALE 10/03/11 0 092811 1,524.63 510,32.6110 1109 092811 GLJ2833 1524.63 092811 11091075 510 32 22669 USA BLUEBOOK 451621LAB SUPPLIES 10/03/11 0 092811 34.95 510.32.6110 1109 092811 GLJ2833 34.95 092811 11091076 510 XXXXX 22669 USA BLUEBOOK 457938SUPPLIES 10/03/11 0 092811 207.96 510.31.6110 1109 092811 GLJ2833 90.48 092811 510.32.6110 1109 092811 GLJ2833 117.48 092811 11091077100 47 - 22678 USTA 919362701 MEMBERSHIP RENEWAL 10/03/11 0 092811 35.00 100.47.5410 1109 092811 GLJ2833 35.00 092811 DATE 9/28/2011 12:10 PM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 10/3/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 11091078 100 22 24001 VOELKER, MATT JURY DUTY MILEAGE REIMB 10/03/11 0 092811 21.84 100.22.3882 1109 092811 GLJ2833 21.84 092811 11091064 100 XXXXX 24020 WALMART COMMUNITY AUG/SEPT SUPPLIES 10/03/11 0 092811 246.19 100.22.6210 1109 092811 GLJ2833 193.98 092811 100.42.6110 1109 092811 GLJ2833 15.00 092811 100.41.6210 1109 092811 GLJ2833 15.15 092811 100.47.6110 1109 092811 GLJ2833 11.21 092811 100.46.6110 1109 092811 GLJ2833 10.85 092811 11091065 510 32 24028 WASTE MANAGEMENT OF WI P 2455427423SLUDGE DISPOSAL SERVICES 10/03/11 0 092811 8,774.27 510.32.5580 1109 092811 GLJ2833 8774.27 092811 11091066 510 31 24038 WATER SOLUTIONS UNLIMITE 30449 CHEMICALS 10/03/11 0 092811 5,100.00 510.31.6110 1109 092811 GLJ2833 5100.00 092811 11091067 100 33 27146 ZEP SALES & SERVICE 30466223 SUPPLIES 10/03/11 0 092811 171.36 100.33.5370 1109 092811 GLJ2833 171.36 092811 EXPENDED LIQUID ACCRUAL GRAND TOTALS 151,342.06 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 36,831.11 300 DEBT SERVICE-1997A FUND 55,993.75 440 CAPITAL IMPROVEMENTS FUND 5,275.25 510 WATER/SEWER FUND 40,025.09 580 UTILITY IMPROVEMENTS FUND 8,710.25 610 RISK MANAGEMENT FUND 30.00 620 INFORMATION TECHNOLOGY FUND 429.46 740 RETAINED PERSONNEL ESCROW 4,047.15 **** 151,342.06 4 AGENDA SUPPLEMEN TO: Mayor and City Council FROM: Ryan L. Schwalenberg, Director of Construction and Neighborhood Services FOR: October 3, 2011 Regular City Council Meeting RE: Request to install temporary lighting on McHenry School District 15 property adjacent to Shamrock Farms Park ATT: Temporary Use Permit Application Light Specifications Site Map Background. The McHenry Area Soccer Federation (MASF) hosts the bulk of its practice schedule on McHenry School District 15 property located adjacent to Shamrock Farms Park in the Legend Lakes subdivision. In early fall as daylight becomes limited, the MASF is forced to move practices to McHenry Township Park. The township does have lighted facilities however the increased distance to travel leads to a decline in practice participation. For this reason, the MASF has approached the city about temporarily installing four mobile lighting units to their practice field in Legend Lakes so they can continue to hold practices on school district property into November. The MASF would utilize the lights from October 4th through November 18th, Monday through Friday from 5:00 PM to 9:00 PM. The MASF has received permission from District 15 to utilize the lights on their property however the lights will require a temporary use approval from the city as well. Analysis. There are two issues associated with the use of the lights, the potential glare and the potential noise from the diesel generated units. The city zoning ordinance specifies "no operation shall produce direct or indirect illumination greater than 0.5 foot-candles in any residential district." Staff believes there is sufficient area within the site to ensure the limits are not exceeded. The second potential issue is noise produced from the diesel generators running the lights. The units have mufflers and sound levels will be monitored by city staff. Practices are typically concluded by 8pm with an occasional make up practice that could run to the requested 9pm time frame. Recommendation. To grant a temporary use to the McHenry Area Soccer Federation to utilize four temporary lighting units on School District 15 property adjacent to Shamrock Farms Park beginning October 4th through November 18th, Monday through Friday from 5:00 PM to 9:00 PM. CITY OF MCHENRY PERMIT NO. TEMPORARY USEf PERMIT APPLICATION / OFFICE USE ONLY APPLICANT NAME: enr 4re_A_._51?cccr 1'�r ratio ZONING DIST: ADDRESS• , /,a ktt-^' Mt h&SL a.smccan (city:) Cehr (state:) L (Zip:) (70 0 PHONE: MOBILE:(8I.S 91Y FAX: U S 7$ d V?to E-MAIL ti n Q U U EVENT� DATE(S)/HOURS: — i' t - d hru NOV jPJ — — PERMIT FEES EVENT ADDRESS: Yh r S GENERAL EVENT DESCRIPTION: 5ocC r r9ZIA inA U r FEE: DEPOSIT: EXIST G LAND USE: cC f n COPIES: 0 j� TOTAL: SETUP:(Date) 9011 TAKEDOWN:(Date)_ �JAV /c/.. 2011 --' EXPIRATION DATE: OPEN TO PUBLIC: YES: ❑NO B 6DAtation only) ATTENDANCE(Projected) COUNCIL ACTION: ADMISSION FEE: YES: ❑$ A1,4 NONE ❑ DATE: PARKING: NO.OF VEHICLES: o G�SELF 03'GALET ❑REMOTE/SHUTTLE ❑ APPROVED ❑ DENIED ❑ MUSIC: NONE BIES ❑(If yes) ACOUSTIC ❑AMPLIFIED ❑ W/CONDITIONS:YES❑NO: ❑ TEMPORARY//STRUCTURES: NO ❑YES S�f yes,indicate number,size,and type) f l✓; ar�ay�� aee' odfit 5 ec s WILL EVENT B,E ADVERTISED?: NO: ❑YES:[� (If yes,indicate where and how) To MC']t r o u 5OILd rGa r , I r,& l PYROTECHNIC NS O: R"�ES: ❑(If yes escribe) SUBMITTAL CHECKLIST ❑ Completed temporary use permit application. (including property owner signature). ❑ Two copies of site plan showing event layout,location of all structures(existing and/or temporary),property lines,abutting streets,ingress/egress. ❑ Two copies of a parking plan including on site and/or remote parking/shuttle. ❑ Completed sign permit application,if applicable. I HEREBY CERT HAT ALL INFO ATION CONTAINED HEREIN IS ACCURATE AND TRUE AND THAT I WILL ABIDE BY ALL CITY OF MCHENRY ORDINANC RE G TO THE ISSUANCE OF THIS TEMPORARY USE PERMIT. SIGNED:ES O ES DATE: o?•d lG I (QAQ4TfM AUTHORIZED AGENT) APPUc�I SIGNED: DATE: (PROPERTY OWNER) THIS PERMIT IS GRANTED AND ACCEPTED WITH THE EXPRESS UNDERSTANDING AND AGREEMENT THAT SAID TEMPORARY USE SHALL CO\•FokM IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF MCHENRY AS NOW IN FORCE. DATE: (DIRECTOR„CONSTRUCTION AND NEIGHBORHOOD SERVICES 333 S.GREEN STREET McHENRY ILLINOIS 60050 (815)363-2170 3 Event Rental Temporary Emergency Spot Construction Light Towers Diesel The POWER of Illumination AmeriTemp construction light towers feature dependable Kubota engines, a brighter, larger coverage area and protective reflector housings with tempered glass. If your workday doesn't end, or if your event heats up after the sun goes down, then you need to put the POWER of AmeriTemp temporary light towers to work for you. RENTAL TEMP MOBIL LIGHT TOWER HIGHLIGHTS: FLOODLIGHTS • Four 1,000 watt metal halide lamps designed for large area coverage • Aluminum reflector housings and tempered impact- resistant glass lenses • Weather-resistant, twist-lock connections for attaching floodlights ENGINE a: • Dependable Kubota Diesel power • Automatic protective shutdowns for high engine coolant temperature and low engine oil pressure LIGHT TOWER • Telescoping mast, with 360-degree rotation and position lock • Extends 12'to 30'with dual,hand-operated winches and patented automatic safety brake • Mast retracts and stows horizontally for travel • Patented tower locking system to prevent telescoping during travel • Able to stand up to 65-mph wind speed with outriggers extended and jacks down • Combination hitch with 3" pintle eye and 2" ball hitch(LightSourceTM) 'i k lu- Light Towers 1-4 4;5 jm i I i I F I ta3+.uet+ �a r�r D, a .titlrr�a der !_, n11 Gig I ste"C1S u dit in G o Y AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: October 3, 2011 Regular City Council Meeting RE: Conditional Use Permit request for a.religious institution for the property located at 5603 Bull Valley Road ATT: Location Map September 15, 2011 PZC meeting minutes Ordinance Application Packet Background. Donald Metivier recently purchased the property at 5603 Bull Valley Road and is requesting a conditional use permit to allow a religious institution defined in the zoning ordinance as a church, synagogue, temple, convent, monastery, or other premises devoted to religious or church-connected activities on the site. The subject property was annexed to the City of McHenry in 1994 and zoned E, Estate. Currently a 6,600 square foot building formerly a restaurant, along with a 1,500 square foot accessory apartment unit, detached garage, parking for approximately 85 vehicles, trash enclosure, and shed exist on the property. Analysis. Should the Council approve the request, the applicant will transfer ownership of the subject property to the Unitarian Universalist Congregation of Woodstock, which will undertake renovations to the existing building to conform to their needs. They, anticipate conducting weekly worship services, services on' recognized religious holidays, and religious education for children and adults. The congregation currently has 164 members and a regular Sunday attendance of 85-90 people. •A religious institution is a conditional use in any residential, commercial, or office zoning district. In the past, the city has approved conditional use permits for The Church of Holy Apostles and Stone Ridge Community Church in the Tonyan Industrial Park, Stone Ridge Church in the Inland Business Park, and religious institutions in residential districts. The subject property has been vacant for many years. The parking lot is over-grown with weeds, parking striping is fading, and a garbage enclosure needs to be secured. Staff believes the property is ideal for a religious institutional u'se. The character of the surrounding area is primarily residential, office, and light commercial. The anticipated traffic impact of the proposed use is minimal and restricted to certain days of the week. The property has somewhat constrained access due to location, traffic conditions, and visual clearance. Additionally, the subject property has many mature trees that contribute to a rural institutional-oriented or residential atmosphere. Staff does not believe this site is conducive as commercial property for many of the aforementioned reasons. In 2007, the City of McHenry, McHenry County, and the Village of Johnsburg undertook a corridor analysis of Bull Valley/Charles J. Miller and Chapel Hill Roads. The study recommends the segment of road adjacent to the subject property consist of 120-feet of right- of-way with an additional 15-foot easement on either side. Consistent with the corridor study, staff is recommending a 27-foot right-of-way dedication along the entire Bull Valley Road frontage as a condition of approval. When Bull Valley Road is expanded at some unknown time in the future, full access driveways may be converted to right-in/right-out along this segment with shared access required when feasible. At the Planning and Zoning Commission concerns were raised regarding potential removal of existing mature landscaping, additional traffic generation, potential reduction in future access, future church improvement plans, and taking the property off the tax rolls (expressed by a neighboring property owner residing on Brookwood Trail). Recommendation. The Planning and Zoning Commission unanimously recommended approval of a conditional use permit with the following conditions: 1. 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. 3. The existing apartment, if utilized, shall comply with current applicable building code standards. 4. Additional right-of-way along Bull Valley Road (approximately 27') 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 time of road improvement. Staff concurs and recommends approval of the attached ordinance. Location6I Road r t •. { JX_ ^ SubjectProperty 1 i 7 •4 , I I � I OTMTra C'il,r��;t�i:�.'.i; rz� ';tom• ,.� 1'r', "'���•,� �'� `•���`;�� �� �'' � 1, City of McHenry Planning and Zoning Commission Minutes September 15, 2011 Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No Z-774 an application for conditional use permit to allow a religious institution with an accessory apartment on the property located at 5603 Bull Valley Road as submitted by applicant Donald Metivier. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on August 31, 2011. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Attorney Samuel Diamond and Kathe Lacey-Anderson representing the Unitarian Universalist Congregation of Woodstock, who were sworn in by Chairman Schepler. Mr. Diamond provided a summary of the request before the Commission at this Hearing. He noted the subject property was recently purchased at auction by Donald Metivier who wished to permit the property to be used by the Unitarian Universalist Congregation of Woodstock (the Church). He noted the building would used by the Church for the congregation; Staff and conunittees. He stated Ms. Lacey-Anderson is current Board President of the Church and would be speaking on behalf of the congregation this evening. Mr. Diamond noted in order for the Church to use the property, a conditional use permit to allow a religious institution with an accessory apartment in a residential district must be granted. Worship services are conducted once per week on Sundays from approximately 10:45 a.m. until noon. Similar services are also conducted on religious holidays and religious education classes are held in a small group format. Mr. Diamond went over the Approval Criteria for Conditional Use Permits as stated in the application. He then noted the Staff s reference to the potential for additional right-of-way required when Bull Valley Road is expanded in the future. He stated, while the applicant would agree to the purchase of a portion of their property for the right-of-way, any expenses incurred as a result of the road widening should be borne by the entity which purchases the property for additional right-of-way. Deputy Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the property was annexed in 1994 and zoned residential. The building was the former location of Haystacks Manor as granted by a use variance at the time of annexation. The building contains a 1,500 square foot apartment in the basement. Staff considers the apartment an accessory use to a religious institution. The Church requires a conditional use permit to be allowed in the residential district. Deputy Administrator Martin stated Staff believes the property is ideally suited for this proposed use. The surrounding area is residential in nature. There is commercial property to the east, but the commercial uses are low impact and generally suited to the area. Deputy Administrator Martin stated the City of McHenry, the Village of Johnsburg and McHenry County jointly participated in a Bull Valley Corridor Study in 2004. The results indicated there would likely be a need for expansion of the Bull Valley Roadway in the future to accommodate the heavy traffic which travels the road. To that end Staff referenced in its report regarding this applicant's request, that a future additional right-of-way of approximately 27' may be required. Deputy Administrator Martin stated he did not believe there would be a great impact upon this property if and when that occurred. Deputy Administrator Martin noted it is Staff s recommendation to approve the request for conditional use permit subject to the following conditions being met: 1. 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; 3. The existing apartment, if utilized, shall comply with current applicable building code standards; 4. Additional right-of-way along Bull Valley Road (approximately 27') shall be dedicated to the City of McHenry for future road improvements. The Exact amount shall be determined subsequent to the public hearing prior_ to City Council consideration. Any impacts of right-of-way dedication upon the applicant, i.e. access/driveway relocation, sign relocation and/or parking loss, shall be addressed by the City as part of the impending dedication. Deputy Administrator Martin also noted that the future widening of Bull Valley Road could impact the subject property as access onto Bull Valley Road could be reduced to right-in right-out only. If that occurred the City would work with the Church to achieve access onto Crystal Lake Road via the existing driveway to the City's elevated water storage tank located immediately south of the subject property. Chairman Schepler invited questions and/or comments from the Commission. In response to an inquiry Ms. Lacey-Anderson noted Sunday services are from 10:45 a.m. until noon. She also noted there could be occasional luncheons. When asked where the congregation draws from, Ms. Lacey-Anderson responded the Church draws from all over the county as it is the only Unitarian Universalist Congregation in McHenry County. She noted there are quite a few members in Woodstock, but they do draw from all directions. Commissioner Ekstrom inquired if the Church intended to host PADS on the site as the Woodstock location of the Church is a current PADS host. Ms. Lacey-Anderson responded the Church has not made a decision regarding this matter at this time. When asked if there were onsite Staff, Ms. Lacey-Anderson acknowledged there is one staff person plus the minister. Commissioner Buhrman inquired if the Church would be able to use the City's driveway from Crystal Lake Road to the water tower located immediately south of the subject property for access if and when Bull Valley Road is widened and access from Bull Valley Road is limited to right-in right-out only. Deputy Administrator Martin responded he believed some accommodations could be worked out with the City. Question was raised as to the extent of work would which be done on the building and site if the conditional use permit is approved. Ms. Lacey-Anderson responded the Church has a building committee which has just begun to explore the possible modifications to the building and site plan at this time. An inquiry was made as to proposed signage for the Church. Ms. Lacey-Anderson responded the Church would likely use the existing sign standard which remains on the site from its former use. Commissioner Morck inquired if there were any plans to change the landscaping on the site. Ms. Lacey-Anderson stated for the time being there are no intentions of changing the landscaping. There is currently parking for approximately 85 vehicles on the site which should be adequate for the needs of the Church. Current attendance is about 85 per week, which includes couples and families. When asked if there was an expectation that the congregation would increase in size, Ms. Lacey-Anderson responded that the size of the congregation has been stable for several years. Chairman Schepler invited questions and comments from the audience. The following were sworn in prior to addressing the Commission: Mark Dzemske, 513 Brookwood Trail: Mr. Dzemske stated he lives across Bull Valley Road from the subject property. He expressed concerns regarding increased traffic in the area, especially have the Bull Valley Road improvements have been made and there is only a right- in right-out access to the site. He noted he is unable to express many comments at this time as so many of the site development plans are unknown at this time. He expressed concern the subject property would eventually become tax exempt and be removed from the tax rolls which would be a disadvantage to the community. Deputy Administrator Martin stated it is not known for certain at this time if and when the Bull Valley Road improvements would be done. It is also uncertain if indeed the access to the subject property would ultimately be restricted to right-in right-out only. It was mentioned as a means of alerting the applicant to the possibilities for the future at this location. Deputy Administrator Martin also noted that as this is a public hearing, it is the appropriate venue for comments and questions from the public relative to this application, prior to Council considering the matter. The request for a conditional use permit will be considered by the City Council, and if Council so chooses, will be approved by ordinance. Deputy Administrator Martin, referencing the four conditions recommended by Staff, noted they are actually very minor in nature. Mr. Dzemske stated he has concerns regarding the possible alteration of existing landscaping on the site. He also noted he had issues with the property becoming a PADS location. Deputy Administrator Martin noted Staff s recommendation includes only typical church-type uses. A PADS site is a part of this request. If requested in the future he would advise the applicant to request an expansion of their conditional use permit which may ultimately require another public hearing. Mr. Dzemske stated he was not saying he was opposed to the request—but he also would not state that he supported it, either. He noted the proposal seems pretty vague at this time. If more parking is added, it might have an impact on the landscaping, parking lot lighting, etc. AS there were no further comments from the audience, Chairman Schepler closed the Public Comment portion of the hearing at 8:02 p.m. Chairman Schepler invited further comments or questions from commissioners. Commissioner Buhrman stated he was glad to see the property being utilized and believes it will benefit the community by increasing spirituality in McHenry and McHenry County. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-774, an application for conditional use permit to allow a religious institution with an accessory apartment on the premises of the property located at 5603 Bull Valley Road as requested by Donald Metivier for use by the Unitarian Universalist Congregation of Woodstock, be granted subject to the following conditions: 1. 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; 3. The existing apartment, if utilized, shall comply with current applicable building code standards; 4. Additional right-of-way along Bull Valley Road (approximately 27') shall be dedicated to the City of McHenry for future road improvements. The Exact amount shall be determined subsequent to the public hearing prior to City Council consideration. Any impacts of right-of-way dedication upon the applicant, i.e. access/driveway relocation, sign relocation and/or parking loss, shall be addressed by the City as part of the impending dedication. and that Table 31, the Approval Criteria for Conditional Use Permits, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Schepler closed the Public Hearing regarding File No. Z-774 at 8:05 p.m. ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A RELIGIOUS INSTITUTION FOR THE PROPERTY LOCATED AT 5603 BULL VALLEY ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by requesting a Conditional Use Permit to allow a religious institution, for the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on September 15, 2011, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: _ SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to allow a religious institution subject to the following conditions: 1. 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; 3. The existing apartment, if utilized, shall comply with current applicable building code standards; 4. Additional right-of-way along Bull Valley Road, consistent with the Bull Valley Corridor Study completed in 2007 approximately 27', shall be dedicated free and clear of all encumbrances to the City of McHenry for future road improvements. Any costs resulting directly from this 27' right-of-way dedication which cause physical and/or financial impact to the property owner requiring remedy including: driveway or sign relocation, building, structure or parking loss, all improvements existing at the time of this ordinance approval, shall be borne by the City of McHenry or other applicable governmental entity prior to commencement of any roadway improvements consistent with the aforementioned Bull Valley Road Corridor Study. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 2011 MAYOR ATTEST: CITY CLERK Exhibit A Legal Description of the SUBJECT PROPERTY City of McHenry Planning& Zoning Commission File No.Z-774 NARRATIVE DESCRIPTION OF REQUEST The Petitioner,Donald Metivier is requesting a Conditional Use Permit to operate a Religious Institution on the property located at 5603 Bull Valley Road, McHenry, Illinois. The subject property was formerly known as the Haystack Manor Restaurant. Upon.obtaining the Conditional Use Permit,the ownership of the property will be transferred to the Unitarian Universalist Congregation of Woodstock. This is a congregation of approximately 164 members and is presently operating out of a 150 year old building located at 221 South Dean Street, Woodstock,Illinois. The customary activities of the congregation would include Worship Sessions on Sundays and special holidays,as well as religious and educational classes for children and adults. The average Sunday worship session attendance is 85 to 90 people. The religious education sessions are small groups. GADoc%\Me1Mer.Don(RETANotes--rd FORMA File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street"McHenry,IL 60050 o Tel:(815)363-2170 Fax:(815)363-2173 1. Name of Applicant Donald Metivier Tel815-334-0015 Address 413 N. Cold Springs Road, Woodstock, IL Fax 2. Name of Property Owner S ame Tel (If other than Applicant) Address Fax 3. Name of Engineer NSA Tel (If represented) Address _. Fax 4. Name of Attorney Samuel J. Di amond Tel 815-385-6840 Address se16 W. Elm Street, McHenry, IL Fax 815-385-6875 5. Common Address or Location of Property 5603 Bull Valley Road, McHenry, IL formerly known as the Haystack Manioc- Restaurant 6. Requested Action(s)(check all that apply) _Zoning Map Amendment(Rezoning) _Zoning Variance-Minor XX Conditional Use Permit —Zoning Text Amendment _Zoning Variance _Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit,the specific Zoning Variance needed, or the new zoning classification that is requested: Conditional Use Permit for the operation of a Religious Instutition FORM A - -- 7. Current Use of Property Vacant Restaurant 8. Current Zoning Classification of Property,Including Variances or Conditional Uses "E" Estate District with a Use Variation for Restaurant 9. Current Zoning Classification and Land Use of Adjoining Properties North: "RS" Medium-High Density Single Family Residential South: "RS-1" Medium-Low Density Single Family Residential East. "C-2" Neighborhood Commercial District West: "A-1" Agricultural, pursuant to McHenry County Zoning Ordinance 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee(amount)$ 2. Narrative Description of Request 3. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application 5, FORM C—Conditional Use Application 5. FORM D—Zoning Variance Application 7. FORM E—Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign(Provided by the City,to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry,IL 60050 a Tel:(815)363-21.70 Fax: (815)363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit,the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Petitioner proposes no changes to the existing traffic and parking improvements 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. Petition proposes no changes to the property or its use that would create an adverse environmental nuisance or effect 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The Petitioner's proposed use of the property will meet the provisions of this paragraph FORM C Page l of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities,in such a way as to place undue burdens upon existing development in the area. The Petitioner's proposed use will meet these requirements 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The Petitioner's proposed use will meet these requirements 6, Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The Petitioner's proposed use will meet these requirements FORM C Page 2 of 2 f PLAT OF SURVEY 6F ..D iwar"'"x.�x �x"o"',.w,�:'Irw�'"o�"ra.•.t��irn' �`•�"Me""'a",»,f:o.�m't�"�.I v�w w��ilrer; .OINM.Iin W M MIbt1.M.ODMiY..O mnr�T �MA6M.eRMW111rrC..Mt�1@1.�1�ReelYl.rYM�Y l..•l+erb.ur.�xe btlnWMnleR.Y>t.�.lAO.q� OQ�.em IMRW .�CI.�WlrMnrmWO.V•. ualMYrr.1M.>aDee.�ta M.Il� =—a1a..E M..CI NJ.11aR a.O.er lnlM'ertiln4.r1� .Y�....wntvxMx'b xn V.�atoi OW....La an. wlwr na.t.woursr..t.e we'.x.artmlw.w..au.tart 1.:a.n ar.u.s a.sav teweio YYt.i nec eu.e..eaxalr W �m nxe wr .a..1.sacra...er.ox+wurmo+oDurr�xsrnn.s.e.mn Yn:fU..IWM.Ci.M ua O.f ar.arr DY.laet.alr .a..axtaa..st r..0.elnD+.tD YxGalaxatWM�.r,u uxD�iw roam u.e a.a net W M.IAtk ar.sa.w,r xa.ewr Vie.o'�i fret an r..les.®rwns e.Ixs Ar.a • �.o.wr.e..w...nt wro..s...a..M rwr x.T.I.t:cux.ATx....�rWa.r.r Daa.s N ul.. naruirc AT.a.r r.ue W wwr axarm v.a.. iV M1'll101.(aN WRIT ATr AIYl Q•a�a.I.r1ll rrrm tafla.YLOMR..O1M WlDr[It®{4.TlY1R�wr +:Irir,f alor.ar.xolr.r wen run m M u.r���.le..e.�a..�.: fret•unu'.�v.sua�olixalxweDwn.iunt. w ee a e. SCALE:r 0 3� I r veli.�. a°v iiw.rixn . Q� . ...,_ a `—. • � Dr yrw /t tlL .r,�—R D AD tnv,im.ln..uea l�nu.neraviran s.ur CJ Y I V I rrr.rurr.ray.m.. o O ? I D1 b T+ AREA=I I; I SF 2"8 AC h. aZ. 7 0 1 0 buhih xs* � mR 0. Flaxla..M 6° tt Iwo - 3 IL txalr.Dul�u.. m o.lwr«w UWPdb r.i..er - m T.intrr ryy..y cdb TVWtlaW q. Wk. 11 xmo.a��sb 0,110 I Y.lYYDIY.a IO� I 'eTwrD' Y...n.C�.s'W.•w x-�.rr.Yi� I M.-I.afx..fv nt�•:o.ems.. - 4.u11_.aYm....w+rralt. i��run=fie:s=�r».b YYx.rYiw.s Y. el am, r..•xn W r.. p u AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: October 3,2011 Regular City Council Meeting RE: Lease and Sublease Agreement, 1111 N Green Street, between Edward J. Neumann,Jr. Trust,the City of McHenry and 1110 Green LLC ATT: Ordinance authorizing the execution of a Lease and Sublease Agreement between Edward J.Neumann,Jr. Trust,the City of McHenry and 1110 Green LLC Proposed Lease and Sublease Agreement, 1111 N Green Street, between Edward J.Neumann,Jr. Trust,the City of McHenry and 1110 Green LLC Existing Lease Agreement between the City of McHenry and Edward J. Neumann, Jr. Trust dated August 30, 2010 Background. The City Council may recall the City entered into a lease agreement, approved in August 2010, with Mr. Neumann for two parking lots located on 1111 N. Green Street for public parking. Additionally, a Third Party Beneficiary and Indemnification was executed by McHenry Riverwalk Center LLC requiring at that time Curtis Commercial to reimburse the city for the total lease payment, which was $500 per month. Curtis Commercial was also responsible for maintenance of the lots. Staff is seeking Council approval of a Lease and Sublease Agreement between Edward J. Neumann, Jr. Trust, the city, and 1110 Green LLC addressing the use of the parking lots. The lower lot, accessible from Green Street, is designated Lot 1 in the proposed agreement and the upper lot, accessible from Waukegan Road, as Lot 2. Both lots yield approximately 35 parking spaces in total. Analysis. The attached agreement nullifies the existing agreement with Mr. Neumann, but substantively mirrors the terms of the previous agreement. The primary difference 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 continue to be public parking and the existing sign "Parking for Green Street Businesses,"would remain throughout the term of the lease. The city would continue to be reimbursed for the entire lease payment($500 per month) by 1110 Green LLC. Additionally, 1110 Green LLC would be responsible for restoring the existing light, installing signage designating the lot as private parking for River Place, maintaining both lots, indemnifying and holding harmless the city for injury or damage on the lower lot, and designating the city as an additional insured for liability on Lots 1 and 2. Staff supports the approval of the revised lease agreement with Mr. Neumann and sublease of Lot 1 to 1110 Green LLC. The agreement maintains the larger of the two lots for businesses located on Green Street. In staff s opinion parking along Green Street is only compromised during major events such as Cruise Night and Fiesta Days. As a result, the subleasing of Lot 1 will not adversely impact the immediate area and will be an added benefit and incentive for potential lessees at River Place. Recommendation. Approval of the attached ordinance authorizing the Mayor's execution of the attached lease as presented. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A PARKING LOT LEASE AND SUBLEASE AGREEMENT BETWEEN THE CITY OF MCHENRY, EDWARD J NEUMANN JR.,AS TRUSTEE, UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JUNE 15, 2007,AND KNOWN AS THE EDWARD J. NEUMANN,JR. TRUST AND 1110 GREEN LLC FOR THE PROPERTY LOCATED AT 1111 N GREEN STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, Edward J Neumann Jr. Trustee, record owner("Lessor") holds title to two parking lots, located on the southerly portion of I I I I N Green Street, McHenry, Illinois; specifically, the lower north lot with access from Green Street and the upper south lot with access from Waukegan Road each respectively identified as Lot 1 and Lot 2 on the photograph attached hereto as Exhibit A ("Premises"). The Premises lies with PIN 09-26-380-014; and WHEREAS, Lessor desires to lease to the City of McHenry, a Municipal Corporation in the State of Illinois ("City" or "Lessee") on the one hand, the City as Sublessor ("City" or "Sublessor") and 1110 Green LLC as Sublessee ("Sublessee") relative to Lot 1 on the other, the Premises with the right to manage, operate and maintain a public parking facility thereon; and WHEREAS, The City desires to sublease Lot 1 to Sublessee. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Parking Lot Lease and Sublease Agreement ("Agreement"), bearing the date of October 3, 2011 between the Lessor, Lessee on the one hand and Sublessor and 1110 Green LLC as Sublessee relative to Lot 1 on the other and Sublessee be and the same is hereby approved. A complete and accurate copy of said Agreement is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF .92011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2011 MAYOR ATTEST: CITY CLERK LEASE and SUBLEASE AGREEMENT 1111 NORTH GREEN STREET, McHENRY ILLINOIS This Lease and Sublease Agreement ("Agreement")is entered into as of this day of 2011, by and between Edward J. Neumann, Jr., as Trustee, under the provisions of a Trust Agreement dated June 15, 2007, and known as the Edward J. Neumann, Jr. Trust,Premises owner ("Lessor"), the City of McHenry, an Illinois municipal corporation ("City"or"Lessee") on the one hand and the City, as Sublessor("City"or"Sublessor")and 1110 Green LLC, as Sublessee("Sublessee") relative to Lot 1,referenced below, on the other. RECITALS A. Lessor holds title to two parking lots, located on the southerly portion of 1111 N. Green Street, McHenry, Illinois; specifically, the lower north lot with access from Green Street and the upper south lot with access from Waukegan Road, each respectively identified as Lot 1 and Lot 2 on the photograph attached hereto as"Exhibit A"("Premises"). The Premises lies with PIN 09-26-380-014. B. Lessor desires to lease to the City the Premises, with the right to manage, operate and maintain a public parking facility thereon. C. The City desires to sublease Lot 1 to Sublessee. NOW, THEREFORE, for and in consideration of the foregoing Recitals, the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged and accepted by the Parties hereto, the following agreements are made: 1. Cancellation of Existing Lease of the Premises The City and Lessor hereby declare that the written lease agreement relating to the Premises dated August 30, 2010 signed by the City and Lessor ("Former Lease") is hereby cancelled and this Agreement shall be executed as a replacement Lease. The parties shall account to each other for payments due on the Former Lease and payments due hereunder. 2. Fee and Term. The City covenants and agrees to pay Lessor the sum of Five Hundred Dollars and No/100 ($500)per month for the Premises, payable on a semi-annual basis commencing upon execution of this Agreement. Either party may at any time terminate this Agreement by giving the other party sixty(60)days' prior written notice of its intention to so terminate. 3. Premises "As Is". All of the improvements, including but not limited to; the parking surface, stairs, handrails, sewer grates, light pole and/or lighting fixtures, and walkways are being leased "as is"with no implied warranties or representations. The City will make any modifications or improvements to these elements at its sole expense, only after receiving approval for such modifications from Lessor, the approval of which will not be unreasonably withheld. The Lesssor, at its cost, shall provide the electricity to power the light located between Lots 1 and 2 at all times. The City acknowledges that ten parking spaces along the west line of Lot 1 lot will be available exclusively for Landmark School's usage, on school days only when school is in session, and it will be the school district's responsibility to post and control this restriction. 4. Use of Premises. During the term of this Agreement, Lessor shall permit and not interfere with or infringe upon, the use of the parking facility by the general public or the City, its agents, permitees, licensees or employees, subject to ten parking spaces partially reserved in paragraph 2, above. Also, throughout the term of this Agreement, Lessor shall be permitted access to Lot 1 to park an amphibious DUKW, without restriction, for a ten-day period of Lessor's choosing, each calendar year. The City shall make available parking spots necessary to park such vehicle. 5. Maintenance by Lessee. The City, at its own cost and expense, and at its discretion, shall manage the Premises parking facility and shall be responsible for the performance of"Routine Maintenance"throughout the term of this Agreement. Routine Maintenance shall be limited to snow removal, sweeping, seal coating, re-striping and patching pavement associated with the operation of the parking facility. Provided, however, the City has no obligation to otherwise repair or reconstruct the parking facility ore Premises. 6. Sins. The City may permit signage on the Premises, including, but not limited to one that substantially reads, "Parking for Green Street Businesses Only"and one that designates parking under the Sublease below for use by the tenants of the Riverplace Luxury Residences. 7. Legal and Insurance. The City shall manage, operate, maintain and use the Premises and the parking facility in compliance with the requirements of all local, state and federal ordinances, laws, rules and regulations in effect during the term of this Agreement. The City will provide Lessor with a certificate of general liability insurance covering the Premises naming Lessor as an additional insured. 8. Quiet Enjoyment. Lessor hereby covenants quiet enjoyment of the Premises. Lessor assumes any damages the City may sustain as a result of, or in connection with, any want or failure at any time of Lessor's good title to the Premises. 9. Indemnification. To the extent covered by applicable insurance, the City hereby indemnifies and holds harmless Lessor from any and all injuries sustained, including death, to any licensees or permittees who enter onto the Premises for purposes of this Agreement. 10. Taxes. Lessor shall be responsible for payment of all real estate taxes and special assessments, if any, assessed against the Premises, including but not limited to real estate taxes assessed. 11. Sublease of Lot 1. The City hereby subleases Lot 1 to Sublessee for purposes of tenant parking related to the Riverplace Luxury Residences. Pursuant to this sublease, Sublessee shall 1)pay to the City the same payment that the City pays to Lessor hereunder for leasing Lots 1 and 2 hereunder and at the same time the City's payment is due; (2)restore to operating condition the streetlight between Lots 1 and 2; 3)install necessary signage on Lot 1 referencing parking for tenants of the Riverplace Luxury Residences; and 4)perform all Routine Maintenance obligations of the City on Lots 1 and 2 set forth in this Agreement. Provided, however, the City shall retain the right to complete restriping of Lot 2. In the event the Sublessee defaults on its obligation to perform Routine Maintenance the City reserves the right, but not the obligation, to perform said Routine Maintenance and the Sublessee shall reimburse the City upon written request for related expenses. Sublessee hereby indemnifies and holds harmless the City from any and all injuries and property damage sustained, to any person on Lot 1 during the term of this Sublease. Sublessee shall maintain liability insurance on both Lots 1 and 2, during the term of this lease and the City shall be named an additional insured. The limits of liability shall not be less than$1 million per person and in the aggregate. Evidence of this insurance coverage shall be provided to the City upon execution of this Agreement and thereafter upon reasonable request. The term of this sublease shall be month to month. 12. CONSENT TO SUBLEASE. Lessor hereby consents to the sublease of Lotl pursuant to the terms of this Agreement. 13. NOTICES. All notices sent hereunder shall be sent via first class mail, postage prepaid as follows: 2 City: City of McHenry 333 S. Green Street McHenry, Illinois 60050 Attention: City Administrator Lessor: Edward J. Neumann, Jr., as Trustee, under the provisions of a Trust Agreement dated June 15, 2007, and known as the Edward J. Neumann, Jr. Trust 308 Country Club Dr McHenry, IL 60050 Sublessee: 1110 Green, LLC Roy Blavvise, Manager 655 W Irving Park Road, Ste. 105 Chicago, IL 60613 Lessee/Sublessor Lessor: By By Susan E. Low, Mayor Edward J. Neumann, Jr.,Trustee Sublessee: 1110 Green LLC By Roy Blavvise, Manager Z:\Nl\McHenryCityoANeumannTease.Agint.doc 3 N��Parking Lot Lont Exhibit A 4 I � ORMNAINCE NO.ORD-10-1512 AN 0RDINANC7E AUTHORIZING THE EXtCUTION OF A PARKING LOT LEAST AGREEWNT BETWEEN THE CITY OF ItICHEN'RY AND TZI)NNIA"J NEUMANN JR.AS TRUSTED.,UNDER THE PRO-VISIONS OF A I,RUST AGREMENT DATED JUKE 15,2007,AND KINO-AW AS THE EDWARD I NMI IANNI,JP—TRUST, FOR THE PROPERTY LOCATED AT 1111 N GREEN MEET,IN THE On OF MCULNRY, NICITIENRY COUNTY,ILLINOIS NVIIEREAS,Edward J Neumann Jr.,as Tr ustjep_under the provisions of a Trust Agreement dated June 15, 2007,and knoixii as the Edward J.Neumann Jr.Trust,is the legal owner of record and the City of McHenry is the desigroted lessee of a portion of the real estate which includes two parking lot areas off of Green Street and'Waukepn Road located at 1111 N Cireen Stred in the City ofMcMenM Blinois, NOW,TRE"70RE,BE rr 0MUNTED BY ME 1MAYOR AND C=COUNICIL OF THE CITY o h4CI-11?N,4j,,y.7.vICIT,NRY COUNTY,TUINOIS AS FOLLOWS: SEC.TlQa,L The Lease Agrecrnm raring the date of August 30,2010 between Edward.J Neumann Jr.Trustee,record owner, and the City of McHenry a Municipal Corporation in the State of Elinat's designated lessee be and the same is hereby approved. A complete and accurate copy of said lease agreement is attached to this ordirtivice and incorporated herein by reference. &CjjQN I The Mayon and City Clerk are hereby authorizvl to affix their signatures as MAYO,r and City Clerk to said Lease-Agreennent for the uses and purposef,therein set forth. ,SE.r_'rf0'47 3- AJI Ordinance or parts thereof in conflict with the terms mid provisions hereof are,hereby repealed to the extent of arch conflicf. form by and under the authority of tho _j "Chid ordinance shall be, published in pamphlet corporate authorities of the City of McHenry.McHenry County,Illinois. 5L�CnQN 5z This Ordinance shall be in full force and effect from and after its passage,approval, and publication in pamphlet form as provided by law. Passed and ApproNrLd this 3 0P day of August,1-0 IQ AYES: Santi,Glab,Schaefer,Blake,Wimmer,Petunson,Condon. NAYS: None AB STAINED: None MBSENT: None NOT VOTINAO: None 11,kYOR' ATTEST ERK/' LEASE AGREEMENT I I I I NORTH GREEN 5TRFUrMcT1UNRY.ILLINOIS This Lease Agmr=nt V'AgmemenCl is entered into xgt of thin day of if 1,<.1t_ .2010,by and between Edward J.Neu=iut,Jr.,asTrasree,-tinder the provisions ofaTfitst Agreement dated June 15,2007,And knmm as the Edward J.Neumatut,Jr.Trust,property owner ("Lessor'")and the;City of McHenry,an Illinois municipal corporation UMAI U A. Lessor presently owns two parking lots,located an the southerly portion of I I I I North Green Street,McHenry,Illinois,"cificafly,the lower south lot xitb access from['seen Street and the upper south lot with access f.Drn Waakepri Road,cacti ident:ficd by crosshatching on the aerial photograph attached hereto(''Ilrernises"). The Premise%ties within PIN 09-26-380-014. B. Lessor desires;o leas-to Lessee the right to manage,operate and maintain a public parking facility on the Premises- NOW',THEREFORE-,for and in consideration of the foregoing Reciials,the mutual covenants and agieenients set fortb bercin,znd other good and valuable consideration,the receipt,adequacy and sufficiency of which arc hcrcby ackrwwlcdgcd and accepted by the Panics Fcrcto,Lmsor dOOA hereby grant to Las=the right to manage,operate and mairtaitin public parldig facility si,,NPct to end in aocardane,e with the fallowing: 1. FYk&\_� 3 Lessee covertinas atid agmis to pay Lessor the mim.of Five HuTtdTed DD[IM and No.,100($500.00)per month for the Premises, OLtubet 1.2010,and on a month-to-month bass thcreaArx. Payments shall be.made by dh,I of sash mouth. Rather pre in ay at auly tialt terminate this Arp=mevt by giving the other Party sixty(Oi))days"priattA--itten notice of its intcnticr.to so terminate. 2. PI )SE QE ILSE. The parties agree that the,purpose of Chis Agreement is to 27"sure that,the Premises and all of the inVrovemettis,including but not lirnited to;the parking surflace.stairs, handrails,svwcr grairs,light pelt ancVor lighting fixttrce,,and walkways are bang,leased"as is"witli no Nnplicd warranties or representations. Lc.:5oc vtill make any modifications or iimpmvern--nts to these elempents at its sole expense,only after receiving aptrx)val for such modifications trout Lessor,the approval of which will not b;unicasoaably withheld. U5s.—.shall restore the streetlight located bovNeem the two parking lots,Lessor,at its cost,will provide the iDlectricity to power the light. Lmsce acknowledges that ten parking spaces along the west line of the upper south perking of with.1=css from Waukeg-_l Road""Sbo'Xil or,t<x attadhed di-awing as"Rzscnt:d_Spaces')will be available exclusively for I..-tridimmic School's usage,on school dayaonjy whrn sallool is in ses,.4on,and it will br-the:schoo3 district's:rsponsibility to post Lutdcoatrol tha-ttes:i:ietioft, 31 E �11 .�BY PUBU- -D LF.SS . During the tern,of this Agreement,Lessee shall . IC AN T. rout and 110T in,%Tfere with or infringe upon the rise of the parking facility by the gencral public,or Lessee,its agents or employees,sub,;ect to teu parking spaces partially reserved in paragraph 2,A-hove. ,Also,thtou z-tout the trmi of this A grtc mcm,Lcswr shall be pom,i ttrcd aces;to the;PresrAses to park ar, amphibious DUkW in the lower south parking It-4,without restriction,for a ten4ay period of Ltssor's choosing etch calendar year- Lessee shall make zvai!able p2rking:�pots necessary to park such Vebicle, 4. -MAUTENANCE AND ACCESS. Less,at its ovm rust and experist,shW awag,-,the paikungl'acility and shall tv responsible for the petfonuarwe.of"Routine � Foutinc throughout Ole term of this Aprcemcni. Routine Maintenance AW1 include,but shall not be 1: ized to snow removal, sweeping,sealcoating,re-marking and patching pavement as;gociated with the operation of the parking fiicility. Lowe has not obligation to otherwise m*r or reconstract the parking facility. 5. - SICTNIS. Lessee shall be permitted to place sigr;Nve an the Premises,iwlttdilla,but tx,4 limited to t%vo that read,"Parking for Chun Street Businesses Only". 6, 1 14G __AND INSVRA NCE. lessee shall maLtine,opemte,nmwak atid use the Premises and the parUng facility in compliance AiEh the r-40emenis of all local.state and federal ordinanvz,laws,rules and regulatium in effect during the term of this A&=mcnL Less=will pravide Lrssar Liitb a certificate of gcncral liability in-mm,cc covcmig the Premises naming Lessor as an, additional insured- 7. LESSOR'S TITLE. Lessor hereby covemms quiet crijoyrrmat of the Prcniiscs. Liss" assume any damagcs Lessee may sustain as a result of,or in cormaction with,any vmw,or failure at any time of Lessor's good title to the Pmnises. 8. INDEMNTFICATION. To the oftenL covered by applicable insuramcc,the lxsscc,InTeby indcrnnifics and bolds harynicss Lessor from any and all injoTics sastaincd,including death,to any M-minees who enter onto the Premises for purposes of this Agrument. Lessor shall be rcspomvible for payment of all real estate tmes And speciad assessments,if any,assessed against the Premim and Pranises Parking Facility,including but not I irnited to=1 estate taxes assessed. 10. All notices sk-ar bmeundoT shall be sm via first class mail,Postage prepaid ,18 f10114DWS: City of McHcary 333 S.Green Street Nfclienry,Illinois(IM50 Attention.City Administyatur Lessor: Edward J.Ncmmwm.Jr.,as Tmstm Linder the provisions of aTrust Agreement dated )one 15,2007,and knorwri as tl-b--Edward 1.Neurtiarm.,Jr,Trust 308 Country Club Dr M.Hcmy,fL 6M50 it. S ontain If any provision or any portion thercot c ed in this Agaeement is beld unconstitutional,invalid or tut-anforceable,the renm inder of this Agreement at a portion thcrear, shall tat deerned se-verable,shall not be of ecud and shall rcrruin m fw=and cfFoi;L LESSEE! LESSOR-, 13V "J, U— J,N.Anann,Jr.tritA=2 THIRD k M R-ENMUIARY AND INDENUNT-FIOMON Tile urderaignrA McHollry Rivemntic Center,LLC("Developer)berc6 y acknowledges that the ahovr-rcferanced lease Agreement was,entered Mt6,to a 1,j-ge extent,to acc'otiunodate current and future needs of the Curtis C=jncrcjaj Center located across Gtftn Streelfrom the Pmrniscs. .ks<*nsi,&-ration of the City of'mcffenry(""City')entering into the Leaw, Agreement,the Developer agrees to hcr*y inda-m-nify and reimburse the.City for ew-h and every abliption and rcfatcd e-,kpejjS,-_,;. it ha ufider the terms of said Lease Agruemcni. Specifically,Developer shall 1)pay to the City the mrm p.jyMcjjt t OW pays to tie Edward J.Neurnatut,Jr.,as Trustee,urlde-the:pro visionsof a Trust Az;mt-=r1 dated June 15,2007,anid known as the Edward J.Neura=n,Jr.Tnist under the I zaswe Agreemert and at the saw tinae the City's payment;s due,2.)M90TC the�*eetlight Lv.t%Qih-,n the two parking,lot,c and 1)ast its own expens;c,perform all Routine NjjaiW.e.yjanoe oblivAtions,set Forth in the Uam Agreottle.m. Irl the tvtnt die,DeNTdooer defaults on its obligation to perform Routim Maintenance the City eserves th rrigh not the obligation,to peTfiorsn said Routine MiintertAnce and the Developer shall naimbunw the City ur�tft -arrittmi request for telated itxperset. Dcv-,Irypc,-shall maiatain liability insurance on the leaqcd prcniii;cs. during the tcrm of this lzsse and the City shall be n--,-ncd an additional insured, 'Me finfits oftiability shall not be less thin$1 rrillior,per person and in theaggregale. Evidence of this insurance coje;ap shall be provided to tl=Ohyupon tion of t*h-t—s,'q.*;e-e,-neat and thereafter upon Agreed to this?'*-"'.lays of (i cr, 14Y r AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: October 3, 2011 Regular City Council Meeting RE: Revocable Parking License in favor of 1110 Green LLC ATT: 1. Ordinance authorizing the execution of a Revocable Parking License with 1110 Green LLC 2. Draft Revocable Parking License Background. The Second Amendment to the Redevelopment Agreement, approved by the City Council in December 2009,requires the reservation of five open on-site public parking spaces on the east side of the River Place building. The owners of River Place approached staff about obtaining the five spaces, after they understood most of the parking leased from Mr. Neumann is designated for public use. The proposed parking license option allows the City to retain ownership of the five spaces and for them to be used by tenants at River Place. Analysis. Attached is a draft Revocable Parking License to be issued by the City of McHenry in favor of 1110 Green LLC. This license will allow tenants of River Place to utilize five public parking spaces east of the multi-use building at the northeast corner of Green Street and Waukegan Road. The proposed license can be revoked by the City for any reason upon thirty days written notice. Additionally, an annual license fee of $1,000, on-going maintenance responsibilities and proof of liability insurance naming the City as an additional insured are required. Staff believes the proposed license benefits the City and improves parking for River Place. The location of the five parking spaces behind the building limits their use for public parking. In addition, with the spaces being part of a private lot, parking enforcement would be particularly difficult for the city. Also, with the presence of on-street parking, the Green Street business parking west of the building and the completion of the former Wahl Appliance property, adequate public parking is available for area businesses at most times. The license agreement allows the city to retain ownership of the parking spaces and collect a nominal fee that will offset the city's initial investment for parking. Recommendation. Approval of the attached ordinance authorizing the Mayor's execution of the Revocable Parking License with 1110 Green LLC. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A REVOCABLE PARKING LICENSE BETWEEN THE CITY OF MCHENRY, AN ILLINOIS MUNICIPAL CORPORATION AND 1110 GREEN LLC,A LIMITED LIABILITY COMPANY WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION l: The Revocable Parking License, bearing the date of September 26, 2011, issued by the City of McHenry in favor of 1110 Green LLC be and the same is hereby approved. A complete and accurate copy of said license, labeled "Revocable Parking License" is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Revocable Parking License for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 52011 MAYOR ATTEST: CITY CLERK REVOCABLE PARKING LICENSE This Revocable Parking License ("RPL") is hereby issued this day of 2011, by the City of McHenry, an Illinois municipal corporation ("City") in favor of 1110 Green LLC, a Delaware limited liability company ("Owner"). Recitals A. Whereas, the Owner holds title to a commercial and residential mixed-use building located at the northeast corner of Green and Waukegan Streets, McHenry, Illinois and commonly known as River Place Luxury Residences ("Subject Property"). B. Whereas, the Owner and the City are parties to a Third Amendment to Redevelopment Agreement, dated June 27, 2011 affecting the Subject Property. C. Whereas,pursuant to the terms of a Second Amendment to that certain Development Agreement approved by City Ordinance No. 09-1493, dated December 14, 2009, which also affects the Subject Property, the Owner is obligated to perpetually reserve five open on site public parking spaces ("Five Subject Parking Spaces") on the east side of the parking lot constructed on the Subject Property for use, at no charge, by the general public. D. Whereas, the parties hereto desire issuance of this RPL permitting the Owner's use of the Five Subject Parking Spaces, on a revocable basis, pursuant to the terms herein. NOW, THEREFORE the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. The City hereby issues this License to the Owner of the Five Subject Parking Spaces for use by the tenants of the River Place Luxury Residences. Until March 1, 1012, this RPL shall be subject to revocation by the City, for any or no reason at all, upon 120 days' written notice to the Owner at the address below. However, subsequent to March 1, 2012, this RPL shall be subject to revocation by the City, for any or no reason at all, upon 60 days' written notice to the Owner at the address below. 2. In consideration of the City issuing this RPL, Owner shall pay to the City an annual permit fee of$1,000 with the first payment due upon the execution of this RPL and annual payments due on each annual anniversary date hereafter. In addition, Owner shall be obligated to fully maintain the Five Subject Parking Spaces and maintain liability insurance during the term of this RPL and the City shall be named an additional insured. The limits of liability shall not be less than $1,000,000 per person and in the aggregate and evidence of this insurance coverage shall be provided to the City upon execution of this RPL and thereafter upon request. City of McHenry 1110 Green LLC By By Susan E. Low, Mayor Roy Blavvise, Manager 655 W. Irving Park Rd. Ste. 105 Chicago, I160613 Z:\M\McHenryCityof\Curtis\RevocableLicenseAgreement.doc AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: October 3, 2011 Regular City Council Meeting RE: Boat Slip Access Easement and Assignment Agreement ATT: 1. Ordinance 2. Proposed Boat Slip Access Easement and Assignment Agreement 3. Pier and Boat Slip Access and Assignment Agreement approved and recorded as part of First Amendment to Redevelopment Agreement Background. Attached is an ordinance authorizing the execution of a Boat Slip Access Easement and Assignment Agreement between the City of McHenry and 1110 Green LLC. The proposed agreement is consistent with the terms included in the Third Amendment to the Redevelopment Agreement. The First Amendment of the Redevelopment Agreement with Curtis Commercial Inc.and McHenry Riverwalk Center LLC included a Pier and Boat Slip Access and Assignment Agreement. The Second Amendment approved in December 2009 that replaced and nullified the First Amendment, included a Pier and Boat Slip Access and Assignment Agreement. However,it was never executed by McHenry Riverwalk Center LLC. Analysis. Attorney McArdle and staff prepared the attached Boat Slip Access Easement and Assignment Agreement. The proposed agreement restores all references to the conveyance of boat slips,easements,licenses,and regulations as previously approved in the original agreement with the exception the city will have right of first refusal instead of a right of first offer. The new language will provide the city an opportunity to match any offer received by the developer. Recommendation. To approve the attached ordinance authorizing the execution of a Boar Slip Access Easement and Assignment Agreement between the City of McHenry and 1110 Green LLC as presented. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A BOAT SLIP ACCESS EASEMENT AND ASSIGNMENT AGREEMENT BETWEEN THE CITY OF MCHENRY,AN ILLINOIS MUNICIPAL CORPORATION AND 1110 GREEN LLC, A LIMITED LIABILITY COMPANY WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6,ofthe Constitution ofthe State of Illinois,and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Boat Slip Access Easement and Assignment Agreement,bearing the date of September 26,2011,between the CITY and 1110 GREEN be and the same is hereby approved. A complete and accurate copy of said agreement,labeled"Boat Slip Access Easement and Assignment Agreement" is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Boat Slip Access Easement and Assignment Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 2011 MAYOR ATTEST: CITY CLERK Boat Slip Access Easement and Assignment Agreement This Boat Slip Access Easement and Assignment Agreement("Agreement")is entered into by and between the City of McHenry and 1110 Green LLC ("1110 Green")this day of , 2011. WHEREAS, the City is the owner of certain real property described on Exhibit 1, attached hereto and made a part hereof("Real Estate"); and WHEREAS, there is located adjacent to the Real Estate in the Riviera Marina("Marina"), eight (8) boat slips numbered 1- 8 depicted on Exhibit 2, attached hereto and made a part hereof ("Slips"); and WHEREAS,the City and predecessors in interest to 1110 Green relative to ownership of the multi-family residential project now known as "River Place Luxury Residences" were parties to a Redevelopment Agreement dated February 5,2007 and amendments thereto dated April 7,2008 and December 14, 2009 ("Redevelopment Agreements"). WHEREAS,the Redevelopment Agreements each referenced the conveyance of certain boat slips and piers along with related access licenses and easements for the benefit of a development formerly known as "Riverwalk.Center"n/k/a River Place Luxury Residences. WHEREAS, the intent of the parties is to execute this Agreement in lieu of and in total replacement of any and all references in the Redevelopment Agreements to the conveyance of boat slips, easements, licenses and regulations relating thereto. NOW THEREFORE,in consideration of the promises and covenants made in this document and related closing documents, the Parties hereto agree as follows: 1. Conveyance of Slips. The City hereby ratifies the prior conveyance of all of its right, title and interest in and to the same eight boat slips referenced in the Redevelopment Agreements ("Boat Slips")(including all rights to transfer such right,title and interest in the Boat Slips elsewhere in the relevant trading zone). Based upon the Department of the Army's letter to the City Attorney dated January 3,2008 reference Project No.LRC-2007-557,the City hereby represents that it owned the Boat Slips prior to such conveyance and such boat Slips were part of the 67 slips located in the Marina. In the event that the City's conveyance of Slips was ineffective or void for any reason,the City shall take all necessary action to convey the same number of Slip rights to the then owners of the Slips from its previously acquired Stanton Bay Reserve. In the event that the City chooses to remove or relocate the Piers from the Riviera Marina for any reason ("Removed Slips"), then the City shall, at its sole expense, and with full cooperation of the Slip owners, relocate the Removed Slips to another location within the same trading zone as the Rivera Marina. 2. 1110 Green's Right to Lease Boat Slips. During the term of this Agreement,the 1110 Green shall have the right to lease the Boat Slips. 3. Access Easement to the Boat Slips. The City hereby grants and conveys to 1110 Green,its successors and assigns,an exclusive perpetual easement of access to the Boat Slips along and across that part of the Real Estate legally described and shown as "10' Pedestrian Access Easement" on Exhibit 2 ("Exclusive Easement"). The term of the Exclusive Easement shall commence on the date of this instrument and shall run in perpetuity unless sooner terminated by subsequent written agreement executed by all persons and entities owning and holding rights in the Boat Slips and the City. The Exclusive Easement,the restrictions hereby imposed and the covenants herein contained shall be easements, restrictions and covenants running with the title to the Real Estate and shall be binding upon, and inure to the benefit of,the parties hereto and their respective heirs, assigns and successors-in-interest and/or title. 4. City Representation as to Title. The City warrants and covenants that it has fee simple title to the Real Estate. 5. Vehicle License Area. The City hereby grants and conveys to 1110 Green, its successors and assigns, a nonexclusive revocable license for vehicular access, loading, automobile parking,and related uses over that part of the Real Estate depicted as"Vehicle License"on Exhibit 2 ("Vehicle License"). The Vehicle License is revocable and terminable by the City,in its discretion, at any time,upon 30 days' notice to 1110 Green and all persons or entities owning and holding rights in the Slips. 6. Maintenance of Exclusive Easement and Vehicle License. During the term of the Exclusive Easement and the Vehicle License, the City shall maintain the Exclusive Easement area and the Vehicle License area in good condition at its own cost and expense. 7. Rules and Regulations Regarding use of Boat Slips. 1110 Green, its successors and assigns agree to abide by all rules and regulations imposed by the City or other regulatory agencies, regarding the use of the Boat Slips,which rules and regulations may be instituted and amended from time to time pertaining to the use of all Boat Slips. In addition to such rules and regulations instituted from time to time by the City or other regulatory agencies regarding the use of the Slips, prior to the sale of any Slips, 1110 Green shall develop rules and regulations ("Boat Slip Regulations")to be incorporated by reference in any document evidencing the sale and assignment of a Boat Slip. The Boat Slip Regulations shall be subject to review and approval by the City and shall include a provision that the City is a third party beneficiary thereof with the power to enforce the same. Such Boat Slip Regulations shall include, at a minimum: • Proof of insurance for each boat owner is required. • Boat slips may be rented for use. • Slip owners must pay flat fee for electric and water costs/year in accordance with the fees imposed by the operator of the Marina. • No TV antennas are allowed; satellite dishes are permitted. • Dock boxes are not allowed. • The marina operator shall have the ability to shut-off boat air conditioners left running. • No boatlifts are allowed. • No parking on the grass is allowed. • The piers must be kept in good condition. • Only one vehicle per Boat Slip shall be permitted at any one time in the Vehicle License area. • The license plate number of each vehicle parked in the Vehicle License area must be provided to the current operator of the Marina. • No overnight parking of vehicles shall be allowed. • A Boat Slip owner shall not be permitted to park a vehicle in the Vehicle License area during those periods that the owner's boat has been removed from the water. 2 8. Abandonment of Boat Slips. In the event 1110 Green, its successors or assigns, removes,transfers or relocates some or all of the Boat Slips off-site of the Marina in which they are currently located, for a consecutive period of more than 3 months, ("Abandoned Boat Slips"), the Exclusive Easement and the Vehicle License, relative to the Abandoned Boat Slip(s), shall be deemed abandoned and terminated and the Abandoned Boat Slip site(s) shall revert to the City without any further action by the City or 1110 Green . 9. Use of Marina Services. Slip owners shall be entitled to use all services(subject to payment of then applicable fees) available to other users of the Marina. 10. First Right of Refusal. 1110 Green and its successors and assigns shall have the right to transfer title to the Boat Slips without the prior written consent of the City,provided,however,the City hereby reserves and 1110 Green hereby grants to the City,a first right of refusal("Right of First Refusal")with respect to any conveyance of a Boat Slip to a third party(other than sales to owners of units in the River Place Luxury Residences Project or sales of Boat Slips in connection with the sales of units in the River Place Luxury Residences Project). In the event that a Seller shall receive a bona fide offer to purchase a Boat Slip, such Seller shall deliver to the City a copy of the offer. The City shall have until the twenty-first(21 S)business day after the date of City's receipt of the offer within which to exercise the Right of First Refusal by providing to Seller a written contract signed by City on the same material terms and conditions as contained in said offer. If City shall decline to exercise the Right of First Refusal by not submitting such written contract to purchase the Boat Slip or does not respond within such twenty-one (21)business day period, Seller may sell the Boat Slip to such bona fide offeror without further notice or obligation to the City. 11. Conveyance of Boat Slips to Project Successor. Notwithstanding any of the to the contrary herein, 1110 Green shall be entitled to transfer all of its interest in the Boat Slips to any good faith third-party purchaser of all of the interest of 1110 Green in the Redevelopment Property and River Place Luxury Residences Project as a whole as defined in the Redevelopment Agreement, as amended. 12. Amendment of Redevelopment Agreements To the extent that the subject matter addressed in this Agreement is reference in the Redevelopment Agreements, the same shall be controlled by the terms of this Agreement and the remaining terms of the Redevelopment Agreements shall continue in full force and effect. Wherefore the Parties have executed this Agreement,this day of , 2011. City of McHenry 1110 Green LLC By: Susan E. Low, Mayor By: Roy Blavvise, its Manager Z:\M\McHenryCityof\Curtis\Pieral]dBoatSlipAssignment.0801 I LDOC 3 mill smet slip K. tltli l?R$ Atem L.seasetat.,a� anent 200BROO63234 'Mar= os:atrs no a To. ttmm FM *.so David W.McA& NK N11119111 HE 10•10 ZVKO WSn ROG'l M Al ton at McARDLE so vl;a Sheet Cyata1lake,H.6W14 75tr ISA' F.Cl7ttDtStt'TUMONLP WHEItEAS,the City of McHenry.an Illinois"micifs!Corp,(xhu too is the owner ofcerrmn reel property deacmbed on Exhibd 1,attached hereto and made a part heroofr teal Estatr"),and WHEREAS,these is located adprcwt to dreRral Estee in the Riviera Madura("Marina"),a mmtbw of piers and host slips including 4 piers labeled A-D(-Picas-,containing S boat slips numbered 1-S depicted on Exhibit 2,attached hum and made,a part hermf("Slips',and WHEREAS>Mcii—Y Riverwadlc C mdcr.LL.0(t7rao ")is the devehgw and owner ofa certain proposed condominium psojed in do City ofMcHeacy CNoject");and WHEREAS,the Parties wish to provide for a perpetual eaaancnt of aceeas to the Slips by Granter,its socoeasors and assigns and assignment ofthe Slips to Grantee, NOW THERETORE,or cxn sidcatinn of the promises and covenants made in this document and related closing documemis,the Parties hereto agree as foIlows: WrIbI NP AM r=i z=JEYANCE 1. The Grantor does hereby grant and convey to Or mtee,itssaccemtors and assigns,an exchetive perpetual eesemeot of access to the Slips along and across that part of the Real Estee legnfty described and shown as"10'Podcatrian Am=Easamenr on l Exhibit 2 and along and across the Piss Including the n*to tie up beets to the Piers)("Exclusive Easanmn. 2. The C> does hereby fsaiher grand and convoy to Grantee,its nwzeam a and _ assigns,a moaxcl=ve nnsvocaWe license four vehiwlar deters,loading,automobile. parbaig.and related uses over that part of the Real Estate depicted as-Vehicle i License'an Exhibit 2("Vehicle License"). The Vehicle License is revocable and termmabJe by the Grantor,is its dimThOn,at any time,upm 30 days notice to Gmutee end all Peron or entities owning sod holding rieft in the Slips;provided, however,that Grantor shin aetba&Wwadto mmkrortam inatethe 4eh3cleLscense while any paflyothuflmCraotor,its s orassigas has anedtomeparkmg spaces on the Real Estate. f #Ad4"ye,nv r a 3. The term of the Exclusive E.tmernent sbali cm m e nce on the date of this instrtrmad and shall rum in pmpWaty unless soon teaminated by: (a) written agrermew exeuued by all persons and entities owning and holding rights in the Slips and the Grantor, cc (b) a written tan km6on agremnent recorded by Grantor or First American Title Company,as demgm tod esaowce,upon Gsantoe's material breach of its obligations tutder that certain Redevelopment Agmanent dated March S,2007 between Grantor and Qrmitce. The tams of do Vehicle License shall comateace on the dsic of this mshumcut and shall rim in perpetuity unless sooner temminaW by.(a) a written notice esecurted by Grantor,or(b)a written tetAemation agreeaneot recorded by Chanter or First American Title Cornpany,a designated esc rowee,upon Graruee's material breach of 4b obfigations under that onton Redevelopment Agneementdatad March 5,2007 bemmm Grantor and Grantor. 4. During the term of the Exchrsive Easement and the Vehicle t,icense,Grano shall nnaintain the Exclusive EasemerrtarramW the Vehicle Uc emarea in good condition at its own cnst and expense. 5. The Exclusive E ernent,Vehicle License,the restrictions hereby imposed and the covenants harem contacted shall be eascruents,licenses,restrictions and covenants running with the title to the heal Estate and shall be binding upon,and inure to the berth of,the parties hereto and their regmcdve heirs,assigns aril successots-in- interest and/or title. The Real Estate shall herd be ow ned,held,usmafeand,sold, conveyed,demised,devised,ka-d,morigaged,occupied.used and enjoyed artbject to the benefits and burdens,as the case may be,of the provisions of this instrument until such time as this instrument is released,terminated or cancelled,in whole or in part,as provided far herein. t. Grantor warrants and covenants that Grantor has fee simple tide to the Real Estate, 7. New t3rawme,nor its snecesson and assigns,shall transfer,sell or assign said Exclusive Easemem or said Vehicle License without the written consent of the Grantor except drat,wiamut the prior written consent of Gra mor:(a)Grantee may assign an Wetest in said Exclusive Fasementand an interest in said Vehicle License to(i)owners of units in the Project and to ow wrs of Slips,or to(,i)an association or agent for the benefit of unit owners in the Project or owners of Slips,and(b)owners of Slips may convey their interest in the Exclusive Easement and dicir ingest in the Vehicle license to any person or unity to which they convey their Slip. _ S. Gzsntee, its successes and assigns agree to abide by all rules and regulations imposed by Grantor another regulatory agencies regarding the use of the Slips,which rules and rcgulariorrs may be instittaW and amended frost titre to time pertaining to the use of all Slips on the Real Estate. In addition to such reeks and ncgulatiom irtslituted from time to time by Grantor or other regulatoryagencies regarding the use of the Slips, prior to the sale of any Slips,Developer shall develop rides and regulations("Slip Regulations')to be incorporated by refermm in any document MQ+a^7CCQ^IYRAowdsrr 200eaoo832M _. i evidencing the sale and assignment of a Slip. The Slip Regulations shalt be subject to review and approval by the City and shall include a provision that Om City is a thud party beneficiary Obereof with the power to enfottx the same. Such Slip Regulations shall include,at a minimum: A. Proof of insurance for each boat owner is rcgmw& b. Boat slips must be owner occupied—no reatafp. C. Slip owrecrs mast pay ftat fee for electrk And water costslyM in accordance i with the foes imposed by the operator of the Marina_ d. No TV autumn am allowed;dishes are permitted. e. Dock boxes are not allowed—only use of previously designated area will be allowed L The marimt operator shall have the ONHOytoabml-o�air canditiWMlea numinZ g. No boaditls are allowed. h. No perking on the grass is allowed. L The piers must be kept in good and well kept condition. j. Only one vchick per Slip shall be petmitttd at any are time in the Vehicle License area, k. The lle mse plate munber of each vehicle parked is the Vehicle License area must be p"widad to the cu nrW alwator of the Merino. L No ovemight puking of vehicles shall be allowed. m. A Slip owner shall rat be perrinittad to park a vehicle in the Vehicle License area during those periods that the owner's boat has been removed from the water. 9. In the event all of the Slips are rc*MW off-site of the Marina in which they arc currmdy located,the Exclusive Easement and the Vehicle Liceree shall be deemed abandoned and terminated without any fvtfber action by the Grantor or Grantee. 10. In the event dud the Cm Wes conveyance of%tips is ineffective or void for any reason.Grants shall take all necessary action to convey the same number of Slip rights to the then owners of the Slips from its previou*acquired Station gay Reserve. In the event that Cstamtot ohoosos to remove the Piers bone the Riviera Mmim for eery mason,then the Grantor shaft either(x)at its sole expense,and with full cooperation of the Slip owners,relocate the same number of Slips to another tounion within the same trading zone as the Rivera Maim or(y)r+epwvhaae each Slip right from the curtest Slip owner for a purchase price of S30,000 each provided, however,is this situation,a Slip owner shall not be forced to resell its Slip right to Omntor.la coramdon witlr a relocation of Mbze mcapics,ibe ormim shalt gram to the Slip owners try ereseencnts,to which it has rights,eocessery to aectss the reph=ment piers.In addition,to the eastern that Grantor has right or title to adjacent WHw ,rC nlr PWw d f 2006FOD6323/ or neartlyPWJ=g area,the Grantor shell grant each Shp owner the ngtd,byeasnttwt Cof license,to use the acme. The Grantor sball bear all costs in connection with the felacatian oftere Slip Owners to the replaoemeut piers. II. Slipownentshallbeentitledtorue all services(sabjeettopa} oftbeaapplicable fees)available to other tucrs of the Marina. FIER$AND BOAT S12 ASSIWMM I. Grantor hereby sells w dsssigns to Grantee all of its right,title and intema in and to the Slip$(including all rights to transfer Stich right title and interest in dsc Slips elsewhere in the trading zone}. Based upon the Depertumd of the Away's letter to the City Attorney defied January 3.2008 referents Project No. LRC-2007-557, Grantor represeob beat it owns the Slips and such Slips are part of the 67 slips located in Ste Marina.Grantor represents that it has dw right to bander the Slips to Gnzatet. 2. Orantee,its successors and ass4M shall have the right to naasfar the Slips withopt the prior writtenconsent of orantor,provided,however,Grantorhaebyreservessad Grantee hereby graots to C=Wzr,a first right of refusal("Rigid of First Ref rsan with respect to aM sale of a Slip to a third patty(other than asks to owners of units in the PmjW or sales of Slips in connection with the salesof tints in the Project)by any successor owner to Grantee(each a"Seller"ry This Right of First Refusal shall not apply to sales by Grarua-which sales are governed by section 4 below. In the event drat a Seller shall receive a bona fide:offer to purchase a Slip,such Sellersbail deliver to Grantor a copy of the offer. Grantor shall have until the seventh(76) business day after the date of Grantriesreceipt of the offer within which to exercise the Right of First Refusal by providing to Seller a written contract signed by Grantor, onft xame material tam and oonditions as cattained in said offer.If Grantor shall decline to=tcrdw die Right of First PAfneai by not stibaaitting such written contract to porcUse the Slip or does root reapood within such seven M btWness day period, Seller may sell the Slip to such bona fide offttnr without fts dw notice or obligtstion to Grantor: 3. Grantor hereby reserves,and Grantee hereby grants to Grantor a right of first of t ("Right of First Offa')with respect w any sale of a Slip by Cnantee to a third party that is not also a p tachasw orowner ofs unit in the Project.Pew to beginning sales of Slips to curs-owners or ran-purchasers of units at the Project,Grant=shrill provide Govitor with mtiee of Grantee's intent to begin sales of Slips separately from the sale of units in the Project. Grantor shall have until the f mlecath(I4°i) WAneas day after the date of Grantor's re ceipt of the notice within which to exorcise the tight of Firer Offer and then Grantor and Grantee shall cater into a contract with Grantee to ptachase any of the Slips on the shame terms and conditions as the Slips will be offered to the public,except for the purchase price,which shall be equal to $30,000. If Greater sired decline tD exercise the Right of First Offer itad not carter into a written contract to purchase any of the Slips or does to respond within such Mdw,y Cou,el�PrconMrl 2aatwABSd� fomteea(l4)bwioess dsy period.Cirmta MAY sell the Slips to third pertiea that act not purchases or menus of units in the P'rojea without firrdwwtjce a obligation tb Ciratrtor. 4. t3nntoc Shall be p xibibited frt-leasing Slips to anyone OdWrd=owners of ua$tsin the"Om This prohibition on kning shall to applyto Slip ownm other thm the Grantee and such Slip awnes shalt be permitted to lease their Slips without tht crosem of Grantor. [Signature Page Follows] rcw+ga+oonw�MXFaOW2N Whenefote the Patties have executed this Agrmtc rt,this DW'day of ,2009. Grardw.City of McHenry Grantee:McHewy Aiverwalk Centex,LLC, By: S4 &Lour,Mayor Z oaP44srrArirOan.LDOC Mehcenry�iowny Flanad�rR 200BA0083231 Blaze of Illinois ) CM*of McHenry ) L the Itudersigned, a Notary Public in and for said County, in the State aforesaid, DO REMY CERTIFY THAT Susan E.Law,the Mayor of City of McHenry,an Illinois Municipal Corporation,and attend to by ;: us►t u a LOW povonally known to me to be the same pecson whose namxe is subscribed to the foregoingaPpeared befioreme this day in penap, anti acknowledged that as such Mayes arxr I they signed, scaled and delivered the said instrument as their own free and voleallwy act and as the five aml voluntary act of the corporation,for the uses and purposes therein sex fiatt6, tt" } Given under my hand and notarial seal,this day of (;.t✓t.L�i�U,t/ .M. My emission expires: `I 1Q ;'01 1- "0► Alci:[AL st�1.» Notary Pubfc XAnKJW y,cCAm,t :�itiwte State of Illinois ) ss. County of Cook ) 1, the undersigned, a Notary Public in and for said County,in the State aforesaid, pC HEREBY CERTIFY THAT To" Ccw rri;j y die K!y4%4— f o McHm y Rives Wk Critter,LLC,an Illinois lmged Prabr � W omPan9.personally kitowtt tts me Go be We saw person whose name is scribed to the foregoing itsetrurrrtetit,appeared before trier this day in person,and acknowledged then as such .14.*j&W�,s/he signed,sealed and delivered flit said instrumern as his/her own free and voluntary act and as the free and voluntary act of the Limited liability company,for the uses and purposes therein set forth. Given under my hand and notarial seal,this Z 171 r day of a a,n k,r ,2009. My commission C*rm: SEA AL idotmy Public I.FiC1� Moto" a'> AxoNweyC.ouv y a.m,4K 9 2A06PMoWU Tmox TIITS 1l&ilR,twm ODWWANY OWNER'S PDX IC.Y(M). IOISC! /lO.r 3000 0004lti777 P711 Pl4'LZOOLIt A ( S. 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Tnss ror=T"=amr Ya SCRUWlf a sY sMCM. arawe iM4 a6/2a/0a 14.1t.04 �r r a dt 2 to (� .! mm a" 7 ' 1014 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: October 3, 2011 Regular City Council Meeting RE: Amendments to the Zoning Ordinance and Municipal Code to allow Residential Chickens ATT: Planning and Zoning Commission Minutes dated September 8, 2011 Ordinances (Zoning Ordinance and Municipal Code Text Amendments) Planning and Zoning Commission Staff Report Z-772 Community Development Committee Minutes dated February 22 and May 17, 2011 "How to Guide" and Poultry License Application Public Correspondence Received Background. Many communities across the country, as well as the Chicagoland region have considered allowing backyard chickens, typically with hens only, in single-family residential neighborhoods. Much information is available on this topic and it appears in the Chicagoland region communities are split on the issue. In some communities this has been a very divisive issue and numerous misconceptions exist on this topic. The city was approached by local residents to research and consider allowing backyard residential chickens in the City of McHenry. Communily Development Committee. On February 22, 2011, the Community Development Committee discussed permitting backyard residential chickens. Staff provided informational pieces addressing frequently asked questions and common myths and realities, as well as a Chicken Ordinance Survey. Interested community members attended the meeting to provide valuable input on the topic. One of the suggestions made by the Community Development Committee was to create a non-binding "How to Guide" for people interested in raising chickens. Attached are simple guidelines and a draft "Poultry License Application"that would be required. At the May 17, 2011 meeting the Community'Development Committee forwarded the matter to the full City Council for consideration to hold a public hearing before the Planning and Zoning Commission. At the meeting, the Committee recommended the following points be included as part of ordinance amendments on this issue: 1. A maximum of ten licenses to 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; and 3. A violation provision be added to settlement of offenses section of municipal code. Planning and Zoning Commission The Planning and Zoning Commission reviewed this issue at length at a recent meeting and was divided on the issue. Many concerns were expressed including chickens not being conducive to urban settings, possible nuisances to nearby properties, the need for more setback from neighbors, and the possibility of chickens attracting predators. Ultimately, the Commission, in a 4 to 3 vote, did not recommend the proposed text amendments to the zoning ordinance to permit residential chickens Staff Analysis. The Community Development Committee with assistance from interested citizens studied this issue at length. Staff agrees with the approach recommended by the Community Development Committee to issue a maximum of ten poultry licenses and revisiting this issue in approximately one year. Staff recommends limiting chicken coops to the rear yard of a lot with a minimum setback of ten-feet required from neighboring properties so coops could not be located in a required yard or building setback area. Staff would treat chicken coops similar to doghouses, play sets or other inhabitable structures and not as accessory structures. Finally, all ordinance violations would be handled in the same manner as other property maintenance, building or zoning violations. Amendments to the city's municipal code and zoning ordinance are required in order to allow backyard chickens. Staff advises that ordinance regulations should concentrate on the following issues: • the location of coops/runs; • number of chickens permitted on one lot; and • ensuring coops are fully enclosed and stable and will not fall apart or be destroyed during rain, snow or high wind events. The following is a summary of the amendments required. Amendments required to the Zoning Ordinance: X. Accessory Uses, Yards and Fences (ADD) Section 11. Residential Chickens Chicken coops and chicken runs are permitted only in single-family residential zoning districts (E, RS-1, RS-la, RS-2, RS-3 and RS-4). Chicken coops must be located in the rear yard but not in the required rear yard (building setback area), except that on a single family lot having a lot area of 30,000 sq ft or more, a chicken coop may be located between the principal building and an interior side lot line in accordance with the following conditions: 1. The coop shall be located behind the front yard and corner side yard building line; 2. The coop shall be set back a minimum of ten (10) feet from all property lines, or the required side yard setback for the district in which it is located, whichever is greater; 3. A maximum of four hens on properties located in single-family zoning districts only is permitted; 4. Roosters are prohibited; 5. All owners must obtain a Poultry License and comply with all requirements in the City of McHenry Municipal Code Chapter 6, Article III Fowl, Sec. 6-40-6-44; 6. Chickens must be kept in a secured stand-alone structure or coop placed no closer than ten (10) feet from all property lines; 7. All owners must comply with all applicable provisions of Chapter 6, Animals and Fowl, of the City of McHenry Municipal Code and all other applicable City ordinances, rules, restrictions and regulations unless otherwise stated to the contrary; and 8. Slaughtering of chickens is prohibited. (ADD) Chicken Run regulations (will require separate building permit and inspection) 1. The run is permitted to protrude only in the required rear yard and must be fully enclosed; 2. The fence enclosing the run shall be open style or transparent (chicken wire is prohibited) with a maximum height of eight feet; 3. The run cannot exceed fifty linear feet; 4. The run must be located at least ten feet from side and rear property lines. Table 19: Permitted Obstructions of Required Yards (ADD Chicken Runs, fully enclosed* permitted only to protrude in rear yard) *See also separate regulations herein. Amendments required to the Municipal Code Required (Add Chapter 6,Article III, Fowl Sec. 6-40-6-44 Sec. 6-40. As used in this Article III. Fowl, unless the context otherwise indicated: Fowl means a domestic hen only. Owner means any person owning;keeping or harboring fowl. Poultry License means a poultry license issued by the City. Sec. 6-41. License Required All fowl kept. harbored or maintained by their owners within.the City shall be licensed by the City and all Poultry License applications must be completed in full with.all necessary information including but not limited.to: Notification to Homeowners Association (when applicable) and Notification to Neighbors/Abutting adjacent to subject property in substantial accordance with Article I1. Filing Procedures Section. F. :Public Notice 2. Written Notification and 4. Evidence of Compliance. It shall be unlawful for the owner f of any fowl to keep or maintain such fowl unless it has been issued a Poultry License by the City. Applications for I.'oultry Licenses as provided herein shall be made to the City Clerk.as in other cases of application for licenses and permits and all applications shall conform with the general provisions set forth in Chapter 12, Licenses and Permits Generally of the City of McHenry Municipal. Code, including but not limited to: Sec. 12-6 Inspections; samples, where no provision to the contrary is made. Sec. 6-42. Maximum of Ten Poultry Licenses A maximum of ten. (10) Poultry Licenses shall be issued by the City after which a non- binding waiting list shall be established and maintained by the City Clerk. Sec. 6-43. License Fee. Payment of a fifty dollar ($50) annual fee shall be a prerequisite for securing a Poultry I:.icense under this Article 1II. Sec. 6-44. Additional Requirements for Poultry Licenses (a) Transfer. Poultry Licenses issued under this Article III may not be transferred by the original licensee. (b) Change of Location. The location of any Poultry License issued by the City may not be changed. (c) Applicants for Poultry I:,icense shall comply with provisions in Chapter X. Accessory Uses, Yards and Fences Sections 11 and 12 and Table 19: Permitted Obstructions of Required Yards in the City of McHenry Zoning Ordinance. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission voted (3-4) to approve zoning text amendments allowing residential chickens; therefore, the Commission by default is not recommending the proposed text amendments to the zoning ordinance regarding residential chickens. In accordance with the zoning ordinance the concurring vote of four members of the Planning and Zoning Commission is required to effectuate a positive recommendation in favor of a petition for text amendment to the zoning ordinance. Staff Recommendation. Approval of the attached municipal and zoning code text amendments permitting residential chickens as presented. City of McHenry Planning and Zoning Commission Minutes September 8, 2011 Public Hearing: City of McHenry File No. Z-772 Text Amendment to allow Backyard Chickens Chairman Schepler called the Public Hearing to order at 7:47 p.m. regarding File No Z-772 an application for a text amendment to allow backyard chickens as requested by the City of McHenry. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on August 24, 2011. A Certificate of Publication is on file in the City Clerk's Office. In attendance were the following persons who wished to address the Commission regarding this matter. Each of them was sworn in by Chairman Schepler prior to speaking: 1. Adrian Plante, 1202 S Broadway Street, McHenry IL; 2. Nancy Schietzelt, 4419 Walkup Road, Crystal Lake, IL; 3. Nancy Porstner, 1632 North Riverside Drive, McHenry, IL. Chairman Schepler then provided an overview of this evening's procedures for the benefit of those in the audience. He noted following presentation of the Staff Report, the public in attendance would be afforded an opportunity to comment or raise questions regarding the proposed text amendment being considered this evening. The Commission would then likewise have an opportunity to comment or raise questions regarding this matter. Finally, there would be a recommendation made to the City Council who will decide if the proposed amendment would be incorporated into the Zoning Ordinance. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated Staff had extensively researched the subject of backyard chickens and noted there is a plethora of information available regarding this subject. The Community Development Committee was approached by members of the public to consider allowing backyard chickens in the City. To that end, the Committee has researched and discussed the matter in depth and recommended that the subject be presented to the public for consideration at a public hearing. The Committee's May 17, 2011 recommendation included the following: 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. Requirements shall include a minimum setback of 10 feet from all property lines; 3. Violation provisions shall be added to the Settlement of Offenses section of the Municipal Code. Deputy Administrator stated if the City ultimately approves backyard chickens, amendments would be required to both the Zoning Ordinance and the Municipal Code. Chick coops and chicken runs would be covered under accessory uses in the Zoning Ordinance. Chicken run regulations would mirror those of dog runs. Chapter 6 of the Municipal Code would also have to be amended as chickens are prohibited by Section 6-2(b). Deputy Administrator Martin noted Staff had received correspondence relating to this matter and will be placed in the file for reference. It is Staff s recommendation to amend the Zoning Ordinance to permit backyard chickens, chicken coops and chicken runs in the City. Chairman Schepler opened the Public Comment portion of the Public Hearing. Adrian Plante: Mr. Plante stated he first approached the City regarding allowing backyard chickens in August 2010 as he was cited for having hens in his backyard. After he was cited he found a temporary home for the hens and has been awaiting the opportunity to bring them back to his residence. He complimented Staff on their thorough research regarding this matter. He stated his belief that requiring an annual license is good and a maximum of four hens per household is also acceptable. He pointed out he had provided the City with a video demonstration of backyard chickens, their care and maintenance. Nancy Porstner: Ms. Porstner read recent articles in the newspaper regarding backyard chicken discussions at local municipalities. She noted she often thought about raising chickens in order to have organic eggs available. She stated her desire to be considered for one of the ten licenses. She noted Staff did a great job in providing information and enlightenment regarding this matter. She stated she would like to express her support for this issue to move forward. She concluded stating chickens can become family pets. Nancy Schietzelt: Ms. Schietzelt stated she is very encouraged by the way the City is proceeding with this issue. She noted she belongs to the Environmental Defenders who are likewise encouraged the project is moving forward. It is a wise decision to allow backyard chickens, she opined. She noted many communities allow backyard chickens. Permitting backyard chickens will help to reduce the carbon footprint. There was no one else from the audience who wished to address the Commission regarding this matter. Chairman Schepler closed the Public Comment portion of the Public Hearing at 8:10 p.m. Chairman Schepler opened the floor to comments and questions by the Commission. Deputy Administrator Martin was asked how many complaints have been registered in the past 2-3 years regarding backyard chickens in the City. Deputy Administrator Martin responded since 2008 there were five complaints recorded, until recently, when two more complaints were lodged. Responding to further inquiry, Deputy Administrator Martin stated when a complaint is lodged, inspectors treated the matter as with any other complaint. It is investigated for verification, notice of violation is provided, and a remedy (removal of the chickens) is sought. Responding to questions regarding the licensing procedure, Deputy Administrator Martin stated licensing would be handled by the Construction and Neighborhood Services Department, similar to all other permits and City licenses. He noted coops would not be inspected as far as construction is concerned. They would have to be placed within the appropriate lot area, i.e. no closer than ten feet to any property line, etc. The structure itself would be treated similar to dog houses, which also are exempt from construction standards. Some discussion followed regarding possible noise violations due to the chickens. It was pointed out the City's nuisance ordinance provides for noise violations, however, they are difficult to enforce as the ordinance states the nuisance occurs when dog barking persists for 15 minutes or longer. Question was raised as to how many Homeowners Associations (HOA) would prohibit or be opposed to backyard chickens. Deputy Administrator Martin responded he was unsure how many HOA covenants and restriction would prohibit chickens. He noted not all HOA's are active. The City does not enforce HOA Covenants and Restrictions, but does afford the HOA the courtesy of advising when building permit applications are received. The Commission noted there are currently code enforcement issues which go unattended and question was raised as to why the City would add another matter which would require strict enforcement and cause additional violations. An inquiry was made as to the results of complaints against a chicken license holder and would complaints affect the annual renewal of the license. Deputy Administrator Martin responded complaints lodged against a resident might not necessarily prevent license renewal. A point was made by a commissioner that raising backyard chickens is not what McHenry is about. Some discussion occurred regarding the notification of neighbors prior to the license being issued. Deputy Administrator Martin stated notification of neighbors does not equate to having the neighbors permission or approval of the backyard chickens. Concern was raised as to coyotes going after the chickens and ultimately other household pets as well. Inquiry was made as to Health Department involvement in the backyard chicken licensing. Deputy Administrator Martin stated the Health Department involvement would extend solely to eggs which would be sold. If the eggs are consumed by the homeowner's family, the Health Department would not be involved. Additionally, eggs could not be sold as that would become a business being conducted out of a residence which would not be permitted. Responding to an inquiry, Deputy Administrator Martin stated chickens could not be kept in the house or the garage. In response to a question regarding what happens to chickens when they stop producing eggs, it was noted they are sent to processing. Discussion followed regarding the various lot sizes in the City and the appropriate setback of the chicken coop and chicken run from the property lines. Commissioner Thacker expressed his opinion that the ten-foot setback in inadequate, particularly when the chickens are present on a larger City lot. It would seem the setback should be increased in relation to the lot size. Commissioner Buhrman opined other creatures are attracted to chickens unless they are kept clean. He pointed out the City has many regulations on the books but the issue is enforcement. He stated he could see allowing backyard chickens could cause a lot of problems. He opined chickens are not appropriate in an urban area. Commissioner Doherty and Chairman Schepler concurred with Commissioner Buhrman. Chairman Schepler stated that all correspondence received by the City relative to this Public Hearing contained negative comments. He pointed out the commissioners have uncovered a number of potential problems particularly relating to enforcement regarding this matter. Commissioner Thacker stated he has spoken with some residents and most people responded negatively regarding the backyard chickens. Deputy Administrator Martin noted allowing chickens in the community is a very divisive issue. Commissioner Doherty stated he has spoken to more than 100 people on this topic and not one person spoke positively. He opined raiding chickens belongs in the county on rural property. Commissioner Thacker agreed with Commissioner Buhrman noting for quite a few years the commissioners have been discussing ordinance violations and enforcement in the City. In his opinion many ordinance aren't currently being enforced unless violations are specifically brought to Staff s attention. He suggested adding backyard chickens to the enforcement mix would be volatile and be a very hot topic. He concluded stating he can appreciate people wanting to raise chickens but in his opinion the ten-foot property line setback is too close and he cannot support it. Motion by Nadeau, seconded by Ekstrom, to recommend to the City Council with regard to File No. Z-772 a text amendment allowing residential backyard chickens as presented be granted. Voting Aye: Ekstrom, Morck, Nadeau. Voting Nay: Buhrman, Doherty, Schepler, Thacker. Not Voting: None. Abstaining: None. Absent: None. Motion failed 3-4. Chairman Schepler closed the Public Hearing regarding File No. Z-772 at 8:41 p.m. Chairman Schepler noted City Council may choose to take this matter up at a future meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER X. ACCESSORY USES,YARDS AND FENCES ADDING NEW SECTIONS 11 AND 12 AND AMENDING TABLE 19 ADDING CHICKEN RUNS TO THE CITY OF MCHENRY, ILLINOIS ZONING ORDINANCE TO PERMIT RESIDENTIAL CHICKENS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance; and WHEREAS, a public hearing on said petition was held on September 8, 2011 before the Planning and Zoning Commission on in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did not recommend to the City Council the granting of the requested zoning text amendments to allow residential chickens; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and .finds that the approval of the zoning text amendments currently requested and approved by this ordinance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Chapter X. Accessory Uses, Yards and Fences is hereby amended by adding thereto Section 11. Residential Chickens consisting of the following language. "11. Residential Chickens Chicken coops and chicken runs are permitted only in single-family residential zoning districts (E, RS-1, RS-la, RS-2, RS-3 and RS-4). Chicken coops must be located in the rear yard but not in the required rear yard (building setback area), except that on a single family lot having a lot area of 30,000 sq ft or more, a chicken coop may be located between the principal building and an interior side lot line in accordance with the following conditions: l. The coop shall be located behind the front yard and corner side yard building line; 2. The coop shall be set back a minimum of ten(10) feet from the interior side property line, or the required side yard setback for the district in which it is located, whichever is greater; 3. A maximum of four hens on properties located in single-family zoning districts only is permitted; 4. Roosters are prohibited; 5. All owners must obtain a Poultry License and comply with all requirements in the City of McHenry Municipal Code Chapter 6, Article III Fowl, Sec. 6-40-6-44; 6. Chickens must be kept in a secured stand-alone structure or coop placed no closer than ten (10) feet from all property lines; 7. All owners must comply with all applicable provisions of Chapter 6, Animals and Fowl, of the City of McHenry Municipal Code and all other applicable City ordinances, rules, restrictions and regulations unless otherwise stated to the contrary; 8. Slaughtering of chickens is prohibited". SECTION 2. That Chapter X. Accessory Uses, Yards and Fences is hereby amended by adding thereto Section 12. Chicken Runs consisting of the following language. "12. Chicken Runs 1. The run is permitted to protrude only in the required rear yard and must be fully enclosed on all sides, top and bottom; 2. The fence enclosing the run shall be open style or transparent (chicken wire is prohibited) with a maximum height of eight (8) feet; 3. The run cannot exceed fifty (50) linear feet; 4. The run must be located at least ten(10) feet from side and rear property lines". SECTION 3. That Table 19: Permitted Obstructions of Required Yards is hereby amended by adding thereto "Chicken Runs, completely enclosed* Rear Yard X (Obstruction) Only". SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 72011 MAYOR ATTEST: CITY CLERK ORDINANCE NO. An Ordinance Amending Chapter 6,Animals and Fowl, by adding a new Article III Fowl and new Sections 6-40-6-44, of the Municipal Code, City of McHenry, Illinois WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 6, Animals and Fowl Sec. 6-2(a). Keeping animals other than household pets of the Municipal Code, City of McHenry, Illinois, shall be amended to add "fowl, as defined in Article III. Fowl of this Chapter 6". SECTION 2: Chapter 6, Animals and Fowl, Sec. 6-2(b). Keeping animals other than household pets of the Municipal Code, City of McHenry, Illinois, shall be amended to delete "chickens". SECTION 3: Chapter 6, Animals and Fowl, by adding thereto a new Article III. Fowl and the following new Sec. 6-40 to 6-44. "Sec. 6-40. As used in this Article III. Fowl, unless the context otherwise indicated: Fowl means a domestic hen only. Owner means any person owning, keeping or harboring fowl. Poultry :License.means a poultry license issued by the City. Sec. 6-41. License Required All fowl kept, harbored or maintained by their owners within the City shall be licensed by the City and all Poultry License applications must be completed in full with all necessary information including but not limited to: Notification to Homeowners Association (when applicable) and Notification to Neighbors/Abutting aaja.cent to subject property in. substantial accordance with Article If. Filing Procedures, Section I'. Public Notice 2. Written Notification and 4. Evidence of Compliance. It shall be unlawful for the owner of any fowl to keep or maintain such fowl unless it has been issued a. Poultry License by the City. Applications for Poultry Licenses as provided herein shall be made to the City Clerk as in other cases of application for licenses and permits and all applications shall conform with the general provisions set firth in Chapter 12, Licenses and Permits Generally of the City of McHenry Municipal Code, including but not limited to: Sec. 12-6 Inspections; samples., where no provision to the contrary is made. Sec. 6-42. Maximum of Ten (10) Poultry Licenses A maximum of ten (10) Poultry Licenses shall be issued by the City; after which a non- binding waiting list shall be established and maintained by the City Clerk. Sec. 6-43. License Fee. Payment of a fifty dollar ($50) annual fee shall be a prerequisite for securing a Poultry License under this Article Ill. Sec. 6-44. Additional Requirements for Poultry Licenses (a) Transfer. Poultry Licenses issued under this Article III may not be transferred by the original licensee. (b) Change of Location. The location of any Poultry License issued by the City may not be changed. (c) Applicants for Poultry License shall comply with provisions in Chapter X. Accessory Uses, Yards and Fences Sections 11 and 12 and Table 19: Permitted Obstructions of Required Yards in the City of McHenry Zoning Ordinance". SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Voting Nay: Absent: Abstain: APPROVED: Mayor Susan E. Low ATTEST: City Clerk Janice C. Jones Passed: Approved: [PLANNING AND ZONING COMMISSION STAFF REPORT Z-772 TEXT AMENDMENTS TO THE ZONING ORDINANCE-RESIDENTIAL CHICKENS] August 18,2011 Background. Many communities across the country, as well as the Chicagoland region have wrestled with allowing backyard chickens (hens only/roosters prohibited) in single-family residential neighborhoods. There is a lot of information available on this topic and it appears, in the Chicagoland region, communities are split down the middle between allowing chickens in residential areas and prohibiting chickens in them. In some communities this has been a very divisive issue and numerous misconceptions exist on this topic. The City was approached by local residents to research and consider allowing backyard chickens in the City of McHenry. Since 2008, the city has received four complaints regarding chickens, ducks and roosters in residential areas. In accordance with Chapter Six of the Municipal Code, Animals and Fowl: "Except as authorized by the issuance of a conditional use permit in the A-M Agricultural and Mining Overlay District, no person shall keep or harbor within the corporate limits of the city any horses, ponies, cattle, cows, buffalo, sheep, goats, swine, chickens, geese, ducks, turkeys, pigeons, and other livestock." As previously stated many communities in this area are dealing with the issue of permitting chickens in single-family residential zoning districts. Some communities simply prohibit there outright including Mount Prospect, Skokie, Lombard, Glendale Heights and Schaumburg. Community Development Committee. On February 22, 2011 the Community Development Committee first discussed permitting backyard residential chickens in the City of McHenry. Staff provided informational pieces addressing frequently asked questions and common myths and realities, as well as a Chicken Ordinance Survey and interested community members attended the meeting to provide valuable input on the topic. One of the suggestions made by the Community Development Committee was to create a "How to?" guide for people interested but have no experience raising chickens. Attached are simple guidelines and "Poultry License Application"which would be required. At the May 17, 2011 meeting the Committee forwarded the matter to the full City Council for consideration to hold a public hearing before the Planning and Zoning Commission. At the May 17 meeting the Committee recommended the following points be included as part of ordinance amendments on this issue: • A maximum of ten licenses to be issued during the first year of the program, with a waiting list for any additional requests; and • Requirements include a minimum setback of 10-feet from all property lines; and • Violation provision be added to settlement of offenses section of municipal code. Below are some basic questions and answers which often arise when this topic is discussed Why are people interested in having chickens as pets? • They are decent pets; • Lay eggs which are fresh and more nutritious than eggs which come from a factory setting (33% less cholesterol, 25% less saturated fat, 66% more Vitamin A, twice as much Omega 3 fatty acids, three times as much Vitamin E and seven times more beta carotene than eggs purchased in a grocery store); • Bug control; • Production of high nitrogen fertilizer; • Educational; • Commercial chicken production is inhumane; • Less chemical usage and potentially a reduction in ground water contamination; • Reduction in air pollution related to transporting product; and • Sustainability. What are the critics.saying about having chickens as pets in residential areas? • Increase in predators; • Health risks (avian flu and salmonella); • Rodent attraction; • Dirt, noise, and odor concerns; • Chickens may roost on neighboring fences or escape; • Slaughtering of chickens possible; • Irresponsible caretakers; and • Selling of surplus eggs out of home. Of those communities that permit chickens, some have ordinances that are very. restrictive and make it nearly impossible to comply such as: • Village of Wood Dale permits chickens as long as they are at least 450 feet from any neighboring residence; • Village of Oak Brook permits chickens only on lots ten acres or larger; • Village of Itasca and Village of Westmont permit chickens but require a 150-foot setback from neighboring residences; • Village of Arlington Heights permits chickens but requires a letter from a licensed veterinarian certifying they are safe and a rabies shot is required if the potential for rabies exists and residents are limited to two; and • City of Wheaton only allows chickens as part of a 4-H educational program only for no more than 90 days. The communities that permit chickens which have what I would term "reasonable"restrictions include Evanston, Warrenville, Chicago, Madison, Decatur, Downers Grove, Naperville and West Dundee. These regulations include: • Up to four hens permitted (no roosters allowed); • Requiring a 20-75 foot setback from any property line; • All coops, pens, chicken runs and yards must be kept clean and some require cleaning every 24 hours (which would be difficult to enforce); • Chickens must be entirely confined in a pen, coop,building or other enclosure at all times; • Chicken runs and coops are not permitted in a home or attached garage; • Chicken coops are treated as accessory structures for zoning purposes; • Coops are required to ensure protection from weather-particularly cold temperatures; • Lot size of 10,000 square feet or larger; Z-772 • License and fee required for each coop; • Coop standards and inspections required; • Feed must be kept in rodent-proof containers when not being used; • Selling eggs commercially out of residence prohibited; and • Slaughtering prohibited. Other less common restrictions include: • Chickens must have their wings clipped; • Chickens may be in the open if they are tethered securely to a fixed object; • Prohibiting space heaters or other units requiring an extension cord; • Chickens cannot exceed 15 pounds; • Coops and chicken runs must be predator proof; • Notification and approval required from neighboring properties; • Coop licenses limited to 20 in first year; • Proof of registration with the Illinois Department of Agriculture Livestock Premises Registration required; and • Free range chickens prohibited. Staff Analysis. As a point of reference if there is a minimum lot size of 10,000 square feet required chickens would generally be limited to RS-2, RS-1, RS-lA (no subdivisions with this zoning classification currently exist) and E zoning districts (no subdivisions currently with E zoning, only individual parcels). Lot sizes in the.RS-3 and RS-4 districts are typically less than 10,000 square feet. Many communities require a minimum lot size (10,000 square feet is common), however in staffs opinion this restricts chickens community-wide. Minimum lot size in itself is not a crucial issue but setbacks from neighboring properties are critical in terms of noise, smell, and sight. Requiring minimum setbacks on any lot size is another alternative to allow more homeowners the opportunity to have backyard chickens and will still restrict many small lot owners from raising them. Staff recommends limiting chicken coops to the rear yard of a lot with a minimum setback of 10-feet - from neighboring properties so coops could not be located in a required yard or building setback area. Staff recommends treating the coops similar to doghouses, play sets or other inhabitable structures and not as accessory structures. Staff would also recommend concentrating regulation on the following: the location of coops/runs; number of chickens permitted on one lot, ensuring coops are fully enclosed and stable and will not fall apart or be destroyed during rain, snow or high wind events. In addition, staff would direct residents desiring to raise chickens to review applicable subdivision covenants, deeds, or other restrictions and receive prior approval from their homeowners association if one is active. Although the city does not enforce private covenants we do request residents living in subdivisions with active homeowners associations to approach the association for review and approval for several minor permits such as sheds, fences, and pools. However, the city would not holdup issuing a permit if all city ordinances, rules, and regulations are followed and required permits and/or licenses are obtained. Amendments to the City's municipal code and zoning ordinance are required in order to allow backyard chickens. The amendments to the municipal code would address licensing procedures in an amendment to Chapter 6, Animals and Fowl. A sample license application is attached to this report Z-772 Amendments required to the Zoning Ordinance X. Accessory Uses, Yards and Fences (ADD) Section 11. Residential Chickens Chicken coops and chicken runs are permitted only in single-family residential zoning districts (E, RS-I, RS-la, RS-2, RS-3 and RS-4). Chicken coops must be located in the rear yard but not in the required rear yard (building setback area), except that on a single family lot having a lot area of 30,000 sq ft or more, a chicken coop may be located between the principal building and an interior side lot line in accordance with the following conditions: a) The coop shall be located behind the front yard and corner side yard building line; and b) The coop shall be set back a minimum of 10 feet from the interior side property line, or the required side yard setback for the district in which it is located, whichever is greater. LA maximum of four hens on properties located in single-family zoning districts only is permitted; 2. Roosters are prohibited; 3. All owners must obtain and comply with poultry license requirements. (cross-reference municipal code licensing section); 4. Chickens must be kept in a secured "coop"that is a stand-alone structure placed no closer than 10 feet from all property lines; 5. All owners must comply with Chapter 6, Animals and Fowl, of the municipal code and all other applicable City ordinances, rules, restrictions and regulations; 6. Slaughtering of chickens is prohibited. (ADD) Chicken Run regulations (will require separate building permit and inspection) a. The run is permitted to protrude only in the required rear yard; b. The run must be fully enclosed; c. The fence enclosing the run shall be open style or transparent (chicken wire is prohibited) with a maximum height of eight feet; d. The run cannot exceed 50 linear feet; ❑ e. The run must be located at least 10 feet from side and rear property lines. Table 19: Permitted Obstructions of Required Yards (ADD Chicken Runs, fully enclosed* permitted only to protrude in rear yard) *See also separate regulations herein. Staff Recommendation Prior to Public Hearing Approval of Amendments Required to the Zoning Ordinance stated in this report. Attachments • CDC Minutes dated February 22,2011 • CDC Minutes dated May 17,2011 • "How to guide?"and Poultry License Application • Examples of Backyard Chicken Coops • Backyard Hens Facts and FAQs • Chicken Ordinance Survey-DePaul University • Five things everyone should know about...Urban Chickens • Chickens pass muster in Evanston-Chicago Tribune Z-772 COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, February 22, 2011 Aldermen's Conference Room,7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin, Construction and Neighborhood Services Director Schwalenberg and City Clerk Jones. Also in Attendance: Mr. and Mrs. Adrian Plante, 1207 Broadway, McHenry, Illinois (gogreenwithenvi@gmail.com) Mr. Ed Fuhrmann,214 Sprucewood Ct., Round Lake Beach, Illinois (thefuhrmanns@sbcglobal.net) Mr. Don Jarrett, 912 N. Cedar Lake Road, Round Lake Beach, IL Chairman Alderman Condon called the meeting to order at 7:05 p.m. Discussion Regarding Residential Chickens Deputy Administrator Martin informed the Committee that many communities across the country, as well as in the Chicagoland region, have wrestled with allowing backyard chickens (hens only/roosters prohibited) in single- family residential neighborhoods. In the Chicagoland region communities appear to be split down the middle between allowing chickens in residential areas and prohibiting chickens in these areas. Deputy Administrator Martin provided the Committee with information regarding frequently asked questions, common myths, misconceptions and realties, as well as a Chicken Ordinance Survey, which was completed last year by students at DePaul University. The survey included twenty municipalities from across the nation and focused primarily on ordinance implementation, enforcement,violations and complaints from the communities in the focus group. Deputy Administrator Martin provided the following reasons he discovered during his research on why people are interested in having chickens: • They are decent pets • They lay eggs which are fresh and more nutritious than eggs which come from a factory setting(33%less cholesterol, 25% less saturated fat, 66% more Vitamin A,twice as much Omega 3 fatty acids,three times as much Vitamin E and seven times more beta carotene than eggs purchased from the grocery store); • They control bugs in the yard; • They produce high nitrogen fertilizer; • They are an educational tool for children; • Commercial chicken production is inhumane; • Less chemical usage and potentially a reduction in ground water contamination; • Reduction in air pollution related to transporting the end-product; and • Sustainability. Deputy Administrator Martin provided the following list of objections to having chickens in residential areas: • Increase in predators; • Health risks(avian flu and salmonella); • Rodent attraction; Z-772 • Dirt, noise and odor concerns; • Chickens may roost on neighboring fences or escape onto neighboring property; • Possibility of slaughter; • Irresponsible caretakers;and • Selling of surplus eggs out of a home. Deputy Administrator Martin informed the Committee that since 2008 the City has received four complaints; regarding chickens, ducks and roosters in residential areas. Currently, in accordance with Chapter Six of the Municipal Code, entitled Animal and Fowl, chickens are among the animals that are not permitted within the corporate limits of the City. While many communities are dealing with the issue of permitting chickens in single- family residential zoning districts, some communities prohibit them outright including: • Mount Prospect; • Skokie; • Lombard; • Glendale Heights; • Schaumburg. Of those communities that permit chickens, some have ordinances that are very restrictive and make it nearly impossible to comply such as: • Village of Wood Dale (permits chickens as long as they are at least 450 feet from any neighboring residence); • Village of Oak Brook (permits chickens only on lots ten acres or larger); • Village of Itasca and Village of Westmont (permit chickens, but require a 150-foot setback from neighboring residences); • Village of Arlington Heights (permits chickens, but requires a letter from a licensed veterinarian certifying they are safe and a rabies shot is required if the potential for rabies exists and residents are limited to two); and • City of Wheaton (only allows chickens as part of a 4-H educational program and only for a period of no more than 90 days). Deputy Administrator Martin opined that communities permitting chickens with "reasonable restrictions" include: • Evanston; • Warrenville; • Chicago; • Madison; • Decatur; • Downers Grove; • Naperville; and • West Dundee Some of the commonalities in regulations within these communities include: • Up to four hens permitted per site (no roosters allowed); • Requiring a 20-75 foot setback from any property line; Z-772 ` • All coops, pens, chicken runs and yards must be kept clean; some require cleaning every 24 hours (which would be difficult to enforce); • Chickens must be entirely confined in a pen,coop, building or other enclosure at all times; • Chicken runs and coops are not permitted in a home or attached garage; • Chicken coops are treated as accessory structures for zoning purposes; • Coops are required to ensure protection from weather for the chickens, particularly during cold temperatures; • Lot size of 10,000 square feet,or larger; • Coop standards and inspections required; • Feed must be kept in rodent-proof containers when not being used; • Selling of eggs commercially out of the residence is prohibited; and • Slaughter of the chickens is prohibited. Regarding whether or not a lot size should be imposed, Deputy Administrator Martin stated that for discussion purposes, if there is a lot size of 10,000 square feet required, chickens would generally be limited to RS-2, RS-1, RS-1A (none currently exist) and E zoning districts. He noted there are currently no subdivisions with E zoning, only individual parcels. Lot sizes RS-3 and RS-4 are typically less than 10,000 square feet. It is Staff's opinion that minimum lot size is not a crucial issue. Setbacks from neighboring properties are more of a concern in terms of noise, odor and unsightliness. Requiring minimum setbacks on any lot size is an alternative to permit more homeowners the opportunity to have backyard chickens. Staff recommends consideration of the following when contemplating an ordinance to allow residential chickens: • Limiting chicken coops to the buildable area of a lot with a minimum setback from neighboring properties. This would ensure that coops could not be located in a required yard or building setback area. Staff would likely recommend treating the coops similarly to a doghouse or other inhabitable structure and not as an accessory structure. • Staff would recommend concentrating regulation on the following: o Location of coops/runs; o Number of chickens/coops permitted on one lot o Height of chicken coop; o Ensuring coops are fully enclosed and weatherization/electricity is provided; o Ensuring coops are stable and will not fall apart or be destroyed during rain, high winds or snow. o Ensuring coops meet the required building code standards for winds and snow loads. This would require the structures to be designed to sustain 90-mile per hour winds and to withstand 25 pounds per square foot of snow load. • Staff recommends an annual licensing requirement to track the location and number of residential chickens in the community for property maintenance and code enforcement issues and to ensure chicken coops and runs are setback and located in appropriate areas in relation to neighboring properties. • Staff would direct residents who want to raise chickens to review applicable subdivision covenants, deeds or other restrictions and receive prior approval from their homeowner's association, if one is active in their subdivision. Deputy Administrator Martin indicated that Staffs' biggest concern is with potentially irresponsible owners. Deputy Administrator Martin informed the Committee that in order to allow residential chickens, the matter would need to be brought before the full City Council for consideration. If Council chooses to move forward with Z-772 the proposal, Council would then refer the matter to the Planning and Zoning Commission for a Public Hearing on the zoning issues. Subsequently, the Council would need to approve the zoning restrictions allowing residential chickens, as well as an amendment to the Municipal Code requiring a license and associated licensing procedures, costs and requirements. Mr. Fuhrman noted, as a point of information, that the life span of a factory farmed chicken is 7 weeks,whereas a free range chicken is 7 years. Chairman Alderman Condon opined that she is open to the idea of residential chickens; however, she would like to move forward with caution. She stated that she is in favor of notification of neighbors although their "approval" should not be mandatory. Chairman Alderman Condon expressed concerns regarding lot size as opposed to setbacks. Chairman Alderman Condon indicated she would like to limit the number of licenses issued initially. She suggested a packet be prepared that contained general information about chickens, purchase of coops and end of life issues concerning the chickens. Alderman Peterson stated he is familiar with the concept because one of his technicians has chickens. He has some issues regarding health matters, but indicated he is generally in favor of the project. Alderman Peterson opined he would definitely want neighbors notified and would want regulations in place. Alderman Santi concurred with the Chairman Alderman Condon and Alderman Peterson. He stated he would like to see an informational brochure attached to any notification and stressed that if this comes to fruition he would like to be certain it is done properly. Mr. Plante addressed the Committee and stated that chickens thrive in a healthy environment. He was emphatic that the people who raise chickens tend to take good care of them because a healthy chicken produces good eggs. He informed the Committee that electricity is not encouraged in the coops. The chickens will group together for warmth. Mr. Plante stated that from his experience a limit of 6 chickens per residence is a good number. Chickens are social animals and one would get lonely and not thrive. A minimum of three chickens would be encouraged. He noted a 15-foot setback is acceptable for an attractive coop structure. Mr. Plante informed the Committee that the Ordinance should read that no rooster would be permitted over 4- months old. He noted that it is not possible to tell the sex of the species until they are that old. Until then they all look the same. Mr. Plante provided City Clerk Jones with a petition entitled "Petition to Allow Backyard Poultry to be Kept in Residential Areas of the City of McHenry." He asked that the Petition be made a part of the official record. Deputy Administrator Martin noted that as this project proceeds it might be wise to address what recourse a neighbor might have should he/she have an issue following notification of the potential for residential chickens in close proximity to his/her property. A brief discussion ensued regarding establishing a system of recourse should this occur. Responding to an inquiry from Alderman Peterson regarding education programs regarding raising residential chickens, Mr. Jarrett indicated there is a course provided in Chicago and owners are happy to provide tours to those interested in an effort to educate the public. It was the consensus of the Committee to move forward with the process to allow residential chickens. Deputy Administrator Martin assured the Committee that he would be in further contact with Mr. Plante and would provide visuals at the next meeting of the Community Development Committee. Z-772 COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, May 17, 2011 Aldermen's Conference Room,7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin, Construction and Neighborhood Services Director Schwalenberg and City Clerk Jones. Also in Attendance: Mr.Adrian Plante, 1207 Broadway, McHenry, IL (gogreenwithenvi@gmail.com) Mr. Ed Fuhrmann, 214 Sprucewood Ct., Round Lake Beach, IL (thefuhrmanns@sbcglobal.net) Ms. Peggy Larson, 1013 Hilltop, McHenry IL (peggley29@att.net) Mr. Don Jarrett, 912 N. Cedar Lake Road, Round Lake Beach, IL Chairman Alderman Condon called the meeting to order at 7:02 p.m. Discussion Regarding Residential Chickens Deputy Administrator Martin reiterated to the Committee that at the February 22, 2011 meeting of the Community Development Committee, the subject of issuing permits for backyard residential chickens (hens only) in the City of McHenry was discussed. Staff provided information addressing frequently asked questions, common myths and realities, as well as a Chicken Ordinance Survey. Interested community members were in attendance, providing valuable information on the topic. Since the February 22, 201 meeting, Staff has worked with Mr. Adrian Plante and his colleagues to clarify concerns which were raised at the last meeting. Some of the specific concerns raised were: • Appropriate setbacks for chicken coops and runs; • A visual aid to assist residents in depicting areas on their property where chicken coops and runs would be permitted; • Limiting the number of hens per property; • Limiting the number of annual poultry licenses issued in the City; • Design of an appropriate coop/run; and • Notifying neighbors and homeowners' associations, if applicable, of the intent to raise chickens. • Deputy Administrator Martin noted that one suggestion by the Committee was to develop a "How To" guide for persons who may be interested in raising chickens but have no experience. Staff has prepared a sample guide and sample Poultry License Application, which would be required for residents who desire to raise backyard chickens. Chairman Alderman Condon inquired about the annual fee for a license. Deputy City Administrator Martin stated that Staff was considering $50 per license and limiting the number of licenses issued to ten per year. Responding to Chairman Alderman Condon inquiry whether $50 annually would be sufficient to cover Staff expenses, Deputy Administrator Martin stated not dollar-for-dollar, but that $50 annually is the standard fee for minor permits of this type. Alderman Peterson informed the Committee that following some research he was able to ascertain that chicken licenses are revoked in Batavia following notification of three violations. Chairman Alderman Condon stated she would like to see a fine added to the process if a resident is in violation. Deputy Administrator indicated that a Z-772 fine is standard with other City regulations. Chairman Alderman Condon stated she is pleased that the City's regulations are consistent. A discussion ensued regarding the number of chickens that should be permitted. An individual in attendance stated that chickens are social animals and that a minimum of two per location are encouraged. Upon inquiry from individuals in attendance at the meeting, Chairman Alderman Condon stated that she is comfortable only committing to ten licenses annually the first year. She noted she is open to more than ten in the future, but would like to see how the project tests out. Chairman Alderman Condon expressed concern that some other communities have larger setbacks, citing 30- feet in Batavia, with some communities in the 20 foot range and others in the 75-foot range. She inquired how Staff had reached a 10-foot setback determination. Deputy City Administrator Martin stated that some lots in the City are smaller than others and Staff ascertained that anything larger than 10-foot would limit opportunities for some residents. Chairman Alderman Condon opined she did not believe that an additional 5-10 feet would be a big difference, but stated she was willing to concede to the proposed 10-foot setback. A discussion ensued regarding the number of hens allowed. Mr. Adrian Plante inquired why residents were being limited to no more than 4 hens, as opposed to 6 hens. Chairman Alderman Condon stated that she was comfortable with someone owning 2 to 4 hens and wanted to see how the project goes the first year. Mr. Plante stated that he is willing to volunteer to assist Staff with any inquiries from residents seeking assistance regarding the proper care and maintenance of hens and coops. Deputy Administrator Martin indicated he appreciated the offer of assistance. Motion by Santi, seconded by Peterson, to direct Staff to present the matter to full Council for direction to present the matter at a Public Hearing before the Planning and Zoning Commission with the following conditions: • A maximum of ten licenses to be issued during the first year of the program, with a waiting list for any additional requests; • Requirements include a property set back of 10-feet; and • Violation to be added to settlement of offenses. Aye: Condon,Santi. Peterson Nay: None. Absent: None. Motion carried. Z-772 City of McHenry Construction &Neighborhood Services Dept. "How to" Guide lu 333 S Green Street, McHenry I For Mc eru 815-363-2170 Backyard Hens HOW do I prepare for my chickens? Rules and Regulations: You will need toprepare In order to care for chickens y purchase and setup a districts only. in advance.You will need le with pine shavings, a 1.The City allows a maximum of four hens on a prop- tall box or bin, comp a reflec- ertylocated in single-family zoning large 2. Roosters are prohibited. chick waterer, a small dish for feeding and temperature for poultry license issued with a red bulb.The temp degrees which 3. All owners must possess a p tive heat lamp attached) by the City of McHenry. (application notified in advance of the new chicks needs to be at least 95 4. Abutting neighbors must be can be decreased by five degrees each week af- poultry license being issued. ter.Temperature can be controlled by periodically 5. Poultry licenses must be renewed annually.that is turning off the heat lamp• 6. Chickens must be uee t in a secured laced no closer than 10 feet a stand-alone structure P to side or rear property line(s). _ Feeder t- 7. Coop must be constructed with the ability nd speedt stand a 90 lb snow load and a 65 mphWaterer 8. Coop must be waterproof and predator proof. All venting must include a wire-type mesh covering. 9. Chick run regulations: The run is permitted only in the required rear Where can I purchase a coop yard; and other supplies? The run must be fully enclosed; The fence enclosing the run shall be open style as ain link; chicken wire is prohibited) with a Pre-built chicken coops, as howenlabo e) and chicken (i.e.ch (waterer and f maximum height of eight feet; feed are available at farm supply stores or online. The run cannot exceed 50 linear feet; The run must be located at least 10 feet from www.farmtek.com side and rear property lines. www.backyardchickencoop.net 10. Slaughter is prohibited. You can also check Mother Earth News for low-cost Where can I buy chickens? portable coops and practical design ideas. You can usually purchase chicks in the spring from farm supply stores or local farmers. Online is also a good source as they are shipped live right to your post office. A few good websites for chicks are: www.mypetchicken.com www.mcmurrayhatchery.com www.randallburkey.com What daily care is required? Can chickens make me sick? Hens begin laying eggs at 12 weeks. Each hen lays one When you buy chickens they have been vaccinated egg daily.The eggs should be collected, washed against all common diseases. You can also purchase lightly with warm water, and then placed in a refrig- supplements for their feed or medicated feed. Typi- erator. Check the nesting box for hidden eggs. Be sure cally, there is a concern regarding Avian Flu and Sal- to provide fresh water and feed and remove any monella. Avian Flu is not present in the United States. dried droppings. Close all entrances to the coop at Salmonella can be prevented with proper handling night. Chickens will eat weeds, bugs, ticks, fruits, procedures, hand washing, and use of sanitizers. vegetables, rice, and old bread. Do NOT feed them Scientists estimate only 1 of every 20,000 eggs might potato peels, onion peels or popcorn. Provide fresh contain salmonella bacteria.The likelihood that an drinking water daily. Add apple chunks to their water egg may contain salmonella is extremely small. and it will remain algae-free. What if one of my chickens dies? How can 1 help my chickens to be productive? If a chick gets sick or is attacked by a predator, and Chickens need to roost. An old broom pole or branch dies, you may contact a veterinarian to have the re- installed horizontally inside their coop works great. mains cremated. Be sure to double-bag the bird and For nesting, chickens prefer an old box or crate filled wash your hands and clothing afterward. Do NOT with straw. Your chickens will most likely huddle to- bury your bird as you will attract pests that will dig it gether. Chickens typically sleep through the night. up. You could, however, dispose of the bird in the weekly trash collection. What do 1 need to know about keeping the coop clean? Additional resources for information: If you do not keep the coop clean it will begin to Websites: www.backyardchickens.com smell. Any dried droppings should be removed at a www.urbanchickens.net minimum of bi-weekly and disposed of, preferably as www.chickenwhisperer.com a fertilizer for your garden. Fresh bedding should be www.barnheart.com added as needed to maintain 4-6 inches of depth: This will help to control odor and dust mites. Wood Books: City Chicks mulch works well for the bottom of the coop and you Raising Chickens for Dummies can use straw to line the nesting boxes. Storey's Guide to Raising Poultry What is the best way to set up the chicken coop and run on my property? Be sure to maintain a fully enclosed chicken run and coop with a latching door (not easily flipped open) and wire to cover windows and openings. Make sure to have a secure base in order to prevent access by predators. Chickens prefer to roam freely. Providing a fenced-in environment will protect them from preda- tors. A portable pen and run will help to reduce grass depletion and dust in one area of your yard. Revised 5/10/2011 CITY OF McHENRY POULTRY LICENSE APPLICATION LICENSE NO. - - (License for backyard chickens in residential district) PROPERTY ADDRESS For office use only. ZONING DIST: SUBDIVISION P.I.N. FLOOD ZONE: NAME: ❑ OWNER TENANT HOME PHONE( ) WORK PHONE(_) TOWNSHIP- CHICKEN COOP: SIZE:Length: Width: Height: CHICKEN RUN: Fencing Style:_ Fence Height: Total Linear Feet: LICENSE FEES LICENSE: NUMBER OF PROPOSED BACKYARD CHICKENS : MISC.: NOTE: CITY ORDINANCE ALLOWS A MAXIMUM OF FOUR BACKYARD CHICKENS PER SINGLE-FAMILY RESIDENCE.. ROOSTERS ARE PROHIBITED. COPIES: NO MORE THAN TEN POULTRY LICENSES SHALL BE ISSUED PER CALENDAR YEAR. POULTRY LICENSES MUST BE RENEWED ANNUALLY,NO LATER THAN JANUARY 31st. TOTAL: LICENSE SUBMITTAL CHECKLIST: IN ORDER TO PROCESS YOUR APPLICATION IN A TIMELY MANNER,THE FOLLOWING ITEMS ARE REQUIRED. ❑ Completed Poultry License Application. ❑ a copies Plat of Survey, showing all existing structures on premises as well as the chicken coop and chicken run location,dimensions, and distance from house and from all property lines. ❑ Notification to Homeowners Association (where required). ❑ Notification to neighbors abutting/adjacent to subject property I HEREBY DECLARE THAT THE INFORMATION HEREIN AND ATTACHED IS CORRECT AND AGREE IN CONSIDERATION OF AND UPON ISSUANCE OF LICENSE,TO DO OR ALLOW TO BE DONE ONLY SUCH WORK AS HEREWITH APPLIED FOR AND THAT SUCH PREMISES AND ITS EXISTING AND PROPOSED BUILDINGS AND STRUCTURES SHALL BE USED OR ALLOWED TO BE USED FOR ONLY SUCH PURPOSES AS SET FORTH. SIGNED: DATE: (OWNER OR AUTHORIZED AGENT) HIS LICENSE IS GRANTED AND ACCEPTED WITH THE EXPRESS UNDERSTANDING AND AGREEMENT THAT SAID BUILDING AND CONNECTIONS SHALL CONFORM IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF McHENRY AS NOW IN FORCE REGULATING THE CONSTRUCTION OF BUILDINGS. DATE: 333 S.GREEN STREET McHENRY ILLINOIS 60050 (815)363-2170 City of McHenry Construction & Neighborhood Services Department Poultry License Number 333 South Green Street # McHenry IL 60050 815-363-2170 Issued Abutting Neighbors and Homeowners Association Notification Required (To be submitted at time of application for license) Property Owner Name(or Authorized Agent) Property Address Daytime Phone Evening Phone I have notified all abutting neighbors in accordance with the Zoning Ordinance and my Homeowner's Association(if applicable)of my inten- tion to obtain a poultry license. Date:—J—J Signature: Property Owner or Authorized Agent Required Setbacks for Residential Chickens* Required Front Yard Setback FY Buildable Area Required Side Yard Setback SY Required Rear Yard Setback RY Permitted Area for Run C�10' Minimum Setback from property line —► Required Yard ■� L� Chicken Coop must be located in the rear yard,except that on a single family lot having a lot area of 30,000 sq ft or more,a chicken coop may be located between the principal building and an interior side lot line in accordance with the following con- ditions: a)The coop shall be located behind the front yard and corner side yard building line;and B)The coop shall be set back a minimum of ten feet from the interior side property line,or the required side yard setback for the district in which it is located,whichever is greater. * Chicken Coops and Chicken Runs are permitted only in single-family residential zoning districts(E,RS-I,RS-1a,RS-2,RS-3,RS- 4).Check the City's Zoning Ordinance for Required Front,Side and Rear Yard Setbacks for your zoning district or call 815-363- 2170 for additional information. RY RY RY SY SY SY SY SY FY FY FY STREET August 14, 2011 To: Mayor Low Alderman Wimmer Alderwoman Geri Condon Douglas Martin, Planning & Zoning Joseph Bustos ,Daily Herald Subject: CALL FOR NO CHICKENS As homeowner, taxpayers and voters in McHenry,we strongly disagree with the cities position to consider the approval of an ordinance to allow chickens within the city limits. Despite the comments in the Daily Herald attributed to Adrian Plante, (on S. Broadway) the chickens are a nuisance. They can be heard making noises and fighting. The stench and feces attract insects. The chickens have attracted unknown wild animals preying on them. Mr. Plante's yard is overgrown with his attempt to turn his city property into a farm. The"chicken coop"was built without the required permits and is an eyesore. (Do they currently meet zoning requirements?). Mr. Plante's statement in the Daily Herald that he "brings his hens home occasionally" is untrue. They are currently there 24/7. Mr. Plante also states that people should speak to neighbors and get their feedback before bringing hens into a backyard, it is too bad that Mr. Plante did not follow his own advice. Our home values have decreased due to the conditions of the economy. Chicken permits may reduce our real estate values even more than they already are, and make it more difficult to sell our properties. If chickens or farm animals are allowed in the city then maybe the city needs to be re-zoned as farms and taxes should be decreased. A question each alderman should ask his/her self is "Do you want a chicken coop and chickens with the nuisance and eyesore it creates next to your home? " If the permit system, referred to in the Daily Herald, is approved, than the first permits for chicken coops and chickens should be issued to your next door neighbors. Sincerely, McHenry Shores Home Owners (We are not providing our names as we have to live near Mr. Plante and do not want to be subjected to retaliation.) Attachment Douglas Martin, P &Z Department We purchased a home in the city of McHenry not on a farm! NO CHICKEN PERMITS! Taxpayers September 22, 2011 To: Commissioner Bill Buhrman Commissioner Neal Schepler Commissioner Roger Thacker Commissioner Joseph Doherty THANK YOU for voting not to approve the ordinance to permit chickens at residences in the city of McHenry. This is in agreement with the wishes of most of the tax paying voters. A much differently worded letter is being sent to commissioners Paul Morck, Paul Nadeau, and Paula Ekstrom. NO CHICKENS IN THE CITY OF MCHENRY! Sincerely, A Group of McHenry Shores Taxpayers and Voters cc: Susan Low, Mayor of McHenry Douglas.Martin, Deputy City Administrator Richard W. Wimmer, Alderman Joseph Bustos,Northwest Herald September 22, 2011 To: Commissioner Paul Morek Commissioner Paul Nadeau Commissioner Paula Ekstrom As tax paying voters from the City of McHenry, we disagree with your position to support the residential chicken ordinance. We applaud and support the position taken by Commissioners Buhrman, Schepler,Thacker and Doherty. NO CHICKENS IN THE CITY OF MCHENRY! Sincerely, A Group of McHenry Shores Taxpayers and Voters cc: Susan Low, Mayor of McHenry Douglas Martin, Deputy City Administrator Richard W. Wimmer, Alderman Joseph Bustos,Northwest Herald AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Ryan L. Schwalenberg,Director of Construction and Neighborhood Services FOR: October 3,2011,Regular City Council Meeting RE: Commercial Minor Permit,Plan Review and Temporary Occupancy Fees ATTACHMENTS: 1. Commercial Fee Survey 2. Ordinance Amending Chapter VII of the Municipal Code 3. August 30,2011 Community Development Committee Minutes STAFF RECOMMENDATION: To approve the attached ordinance amending Chapter VII of the Municipal Code,with an effective date of November 1,2011. Background. In an effort to recover a portion of our costs associated with reviews and inspections, staff examined the current minor permit fees for non-residential development and looked at the possibility of establishing a fee for plan reviews and temporary occupancy permits. Minor permits for non-residential development are issued for such things as accessory buildings, decks, driveway construction,reroofing, and siding replacement. Analysis: Staff reviewed minor permit fees from area municipalities, as well as looking at our costs to conduct the different types of inspections. However, it is difficult to recover all costs due to the unique circumstances and varying staff time spent on each permit. The attached spreadsheet summarizes types of minor permits and fee amounts for the City of McHenry and other municipalities. The final two columns of the spreadsheet include the recommend fee and the number of permits of each type issued over the last twelve months. A plan review fee would help to ensure that a person is serious about the project and well as helping to reduce the impact on city resources should a project be abandoned. It is not unusual for permit applications to be withdrawn or abandoned during the review process. The review fee would only be accessed on new construction, additions and alterations. The fee assessed ranges from $50 to $200 depending on the square footage of a project. The fee is not assessed on projects less than 500 square feet. In regards to temporary certificates of occupancy, they are primarily issued for non-life safety and weather-related items such as landscaping and paving that cannot be completed during the winter months. At the time the temporary certificate of occupancy is issued, the owner is required to sign an agreement stating the outstanding items will be completed by a predetermined date. Staff is proposing a $100 fee to offset the cost of preparing the temporary certificate as well as additional inspection(s) that must be conducted prior to issuance of a certificate of occupancy. Most communities charge a fee for occupancy permits but staff is of the opinion that this cost is already built into the building permit fee at the time the permit is issued and therefore no additional fee is warranted. The Community Development Committee approved the update to the fees at the meeting held on August 23, 2011. Recommendation: Approval of the attached ordinance amending Municipal Code Chapter 7, Article I, Section 7-3 updating permit fees as presented and also recommending reviewing fees every two to three years thereafter. 2 Commercial Minor Permit Fee Survev McHenry Algonquin Crystal Lake LITH Woodstock Average Recommended Permits issued in 2010 Accessory Structure $50.00 min.$0.15/sq.ft. Bldg.area X Multipler X 75% $50min. +$.05/sq. $53.00+.29/sq. $.17/sq. $198.00 No Change 4 Demolition $200.00 $250.00 $50/a 10'of height $.06/sq.+25.00 $280+$.10/sq. $203.00 No Change 0 Deck/Gazebo $50.00 $75 ist 120 sq.$15/a 100 $40.00+.07/sq. $.17/sq. $64.00 $65.00 0 Fence $25.00 $40.00 $35.00+.07/lin. $20.00 $38.00 $35.00 3 Sign 122 Non-illuminated $37.50 $100.00 $25+$.10/sq.ft. $30.00 $50.00 $50.00 20 Illuminated $50.00 $100.00 $30+$.10/sq.ft. $30.00 $55.00 $55.00 50 Temporary $60.00 w/Dep. $100.00 $60.00 $30.00 $62.50 No Change 52 Awning/Canopy $45.00 $20+$.10/sq. $30.00 $34 No Change 0 Driveway(Parking Lot) $45.00 $40.00 $30.00+.05/sq. $32.00 $70.00 No Change 4 Elevator $120.00 $250.00 $175.00 $110.00 $164.00 No Change 0 Antenna/Sat.Dish $50.00 $100.00 $30.00 $60.00 $60.00 1 Central Air $50.00 $75-1st ton+ $50+ $50.00 $110.00+$20/ton $86.00 $75.00 3 Furnace $50.00 $15 each 3 ton after BTU Input Fee $50.00 $110.00 $74.00 $75.00 0 Electric Install/Upgrade $75.00 $40-$500 dep.Upon size $80.00+$1.00/circuit $50.00 $110.00 $111.00 $110.00 2 Window/Door Replacement $45.00 Based on $30.00 $52.00 $50.00 0 Siding $45.00 Valuation $30.00 Based on Valuation $59.00 $50.00 3 Re-Roof $50.00 $1/100 sq.ft.min.$50.00 $40.00+$4.00/1000 $30.00 $78.00 $75.00 7 Lawn Sprinkler $50.00 $.75/head-$80.00 min. $45.00 $58.00 $60.00 1 Sewer/Water Repair $45.00 $50.00 $125.00 $73.00 $75.00 0 Raising/Shoring $50.00 $250.00 $1,000.00 $280.00 $395.00 $200.00 0 Fire Protection/Sprinkler $125.00 $200-$935 d.u.size $100.00-$285.00 $213.00 $200.00 0 Incinerator/Crematory $50.00 No Change 0 Reinspection Fees Plumbing $43.00 $40.00 $42.00 No Change All Other $37.50 $40.00 $35.00 $40/100/200.00 $38.00 No Change Plan Review $0.00 10%permit fee,$75 min. $80.00-$290.00+ $.29/sq. $270.00 $1,146.00 0/$50/$200 Temporary C/O's $0.00 $75.00 $0.00 $150.00 $110.00 $111.00 $100.00 Note! Fees were calcualted using:1000sq.ft.accessory and demolition;400amp electric;3 ton A/C;S,OOOsq.ft parking lot;100sq.ft sign and;10,OOOsq.ft.for plan review, Plan review fees are based on$0.00 for 500sq.ft or less,$50.00 for 501-5,000 and$200.00 for 5,001 and over. ORDINANCE NO MC-11- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MCHENRY CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS,ARTICLE ONE SECTION THREE,PERMIT FEES ESTABLISHED, PENALTY FEE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County as follows: SECTION 1: That Section 7-3 "Permit Fees Established, Penalty Fee" of the City of McHenry Code of Ordinances is hereby amended by updating the table of fees with the new non- residential minor permit fees and instituting the non-residential plan review fee and temporary occupancy permit fee as follows: Permit Type Fee Air Conditioning, Central $75 Antenna/Satellite Dish $60 Awning/Canopy $45 Deck $65 Demolition $200 Driveway $45 Electric Install/Upgrade $110 Elevator $120 Fence $35 Fire Protection/Sprinkler $200 Furnace (New unit only) $75 Gazebo $65 Incinerator/Crematory $50 Irrigation/Lawn Sprinkler $60 Parking Lot $45 Raising/Shoring $200 Re-inspection Fees: Plumbing $43 All Other $37.50 Reroof $75 Sewer/Water Repair $75 Siding $50 Sign: Non-Illuminated $50 Illuminated $55 Temporary $60 w/De osit Window/Door Replacement $50 Temporary Certificate of Occupancy $100 Certificate of Occupancy $0 Plan Review Fee for New Construction/Addition/Alteration $0/$50/$200 SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED AND APPROVED THIS 26t' DAY OF SEPTEMBER, 2011. Voting Aye: Voting Nay: Abstaining: Not Voting: Absent: MAYOR ATTEST: CITY CLERK COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday,August 23, 2011 Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin, Construction and Neighborhood Services Director Schwalenberg and City Clerk Jones. Chairman Alderman Condon called the meeting to order at 7:01 p.m. Public Input Session No one signed in for Public Input Session. Discussion Regarding Minor Commerical Buldin2 Permit and Plan Review Fees Director Schwalenberg informed the Committee that it has been over ten years since the City reviewed minor permit fees for non-residential development. He stated that minor permits are issued for such things as accessory buildings, decks, driveway construction, siding replacement, re-roofing, etc. Staff is suggesting that the fees currently charged be updated to enable the City to recover some of the costs associated with review and inspections. Director Schwalenberg noted, however, that it would be difficult to recoup all costs associated with minor permits due to the unique nature associated with each permit. Director Schwalenberg provided the Committee with a spreadsheet outlining the various types of minor permits, the cost of each, the number of permits issued over the past 12 months and a recommended fee. The chart also included the amount charged in surrounding communities solely for commercial/industrial development. Director Schwalenberg informed the Committee that Staff is proposing the following fees in addition to those currently in effect: • Plan Review Fee for new construction, additions and alterations; and • Temporary Certificate of Occupancy. Director Schwalenberg noted it is not unusual for a permit application to be withdrawn or abandoned during the review process. Staff believes a review fee would ensure that a person is serious about the project as well as assist in reducing the impact on City resources should a project be abandoned. He stated that it is Staffs intent that the review fee not be assessed for minor permits, only for permits for new construction, additions and alterations. Responding to an inquiry by Alderman Peterson, Director Schawalenberg stated that temporary certificates of occupancy are issued for non-life safety and weather-related items, such as landscaping and paving that may not be able to be completed during winter months. At the time the temporary certificate is issued the owner is required to sign an agreement stating outstanding items will be completed by a predetermined date. Staff is proposing a $100 fee to reduce the cost of preparing the temporary certificate and the additional inspection(s) that must be conducted prior to issuance of a permanent certificate. Alderman Peterson opined he is in favor Community Development Committee Meeting August 23, 2011 Page 2 of user fees and does not know if $100 is adequate. Chairman Alderman Condon opined she favors moderate rate increases. Chairman Alderman Condon opined that even with the increase(s) the City of McHenry is still comparable with the average fees being charged in surrounding municipalities. Responding to Chairman Alderman's inquiry, Director Schwalenberg stated the fees were last reviewed ten years ago. Alderman Santi stated he supports the increases and he would like to see the fees reviewed every three years. Motion by Santi, seconded by Peterson to forward a recommendation to the Council to amend Municipal Code Section 7-3, updating permit fees as presented, including a review by Staff every three years. Aye: Condon, Santi. Peterson Nay: None. Absent: None. Motion carried. Chairman Alderman Condon noted that the fee review should be at Staff's discretion should they feel that something specifically needs to be addressed. Discussion Re ardinPavement Re uir For Parking Lots Director Schw berg informed the Committee that the number of businesses in the City continues to grow a with the quantity and size of the parking lots. This has led to an increase in the number o its for repair, replacement and in some cases, the expansion of existing parking areas. It is Sta goal to establish uniform guidelines for the installation of pavement in multi-family, commercia industrial parking areas/lots. Staff conducted thorough research of City co and ordinances. Staff noted the Municipal Code, Zoning Ordinance and Subdivision Control d Development Ordinance contain some guidelines, standards and requirements for parking lots in hole or in part. For example: • Chapters 12 and 21 of the Municipal Code contain a inistrative rules for obtaining a permit, such as bond requirements for working in rig of-ways and references for uniform specifications. • The Zoning Ordinance includes requirements for permits suc s specifications for installation of driveways and approaches, standards for parking lot ign, driveways, aisles and islands, as well as minimum pavement thickness requirements. • The Subdivision Control and Development Ordinance contains permit re 'rements, forms, fees, design criteria for pavement and subgrade material and standards for ting. With the infor :ered amongst three separate documents, and in som cting e with another City ordinance, Staff believes the consolidation of requirements, standards and design criteria into one document would be the best course of action for ease of reference.