HomeMy WebLinkAboutMinutes - 10/23/2017 - Community Development CommitteeCOMMUNITY DEVELOPMENT COMMITTEE
MEETING REPORT
October 23, 2017
McHenry Municipal Center
1. Call to Order.
Chairwoman Condon called the meeting to order at 7:00 PM.
2. Roll Call: Chairwoman Condon, Alderman Santi and Alderman Devine. Also in
Attendance Director of Community Development Polerecky, and City Clerk Nevitt.
3. Public Comment.
None.
4. Motion to approve the September 20, 2017 Community Development Committee
Meeting Report.
Chairwoman Condon requested a correction on page two, second line to remove either
the word "was" or "has" and on page four, second bullet point, the word "begin" should
be changed to "under."
Alderman Santi made a motion, seconded by Alderman Devine to approve the September
201 2017 Community Development Committee meeting minutes as amended. All ayes,
motion carried.
5. Discussion and input on a partial draft of the Code Enforcement Strategy.
Chairwoman Condon asked Director Polerecky to present this item to the Committee.
Director Polerecky reported that it has been a goal of the department to develop a Code
Enforcement Strategy for several reason including providing staff with an outline of how
to begin the code enforcement process and how to carry it through to compliance. He
stated there is a good process currently in place but it is not documented. An important
component to code enforcement is to have fair and equal enforcement across the board.
At times, the method of enforcement may vary but it is Director Polerecky's aim to
achieve consistency.
This document will also be used as an education tool for city staff, city officials and
citizens. This is important because at times, residents do not know the process staff is
required to follow and residents who call the city with a concern expect staff to resolve
the complaint overnight, for example a car parked on the grass.
The document presented this evening is a draft and will be continually revised until
completion. A copy of the most recent draft will be presented to the Committee for input
and suggestions at each meeting until it is completed.
Community Development Committee Meeting Report
October 23, 2017
Page 2
Director Polerecky noted that 75% of all complaints for code violations are received from
city residents. Department staff also monitors Facebook for valid complaints and every
attempt to resolve it is made to prevent it from becoming a code case. Inter -departmental
communication is also key to code enforcement. As city employees work throughout the
city, they sometimes see violations and relay them to Community Development.
Resolution plans are being developed for the most common type of code enforcement
matters and the most involved code enforcement violations. Many will be similar
however, some will be more in depth such as hoarding, unsafe structures, etc., that
involve a legal path staff is required to follow. Some of the more involved cases include
evicting people from their homes where there exists unsafe and unhealthy conditions. It
is imperative that a legal process is established with assistance from the city attorney.
Chairwoman Condon said she thinks the resolutions plans are easy to follow. Director
Polerecky said the department receives calls from residents who think the city is not
responding quickly to the violation because they do not understand the legal process.
Once completed, staff will be able to send them a copy of the resolution plan to help them
understand the steps taken to resolve a case and hopefully, it will reassure the resident
that the city is working on the complaint.
The Code Enforcement Officer is attending classes sponsored by the McHenry County
Board of Health on how to effectively handle and resolve hoarding cases. There are
currently two open hoarding cases in the city. In response to Chairwoman Condon's
question, Director Polerecky stated the mental health aspect of hoarders is addressed in
the training.
A discussion ensued on the various timelines listed for complying with city code when a
violation is issued. Director Polerecky explained that as a Home Rule community the
city is permitted to establish compliance timelines as deemed appropriate. In special
circumstances, Inspectors do have discretion to adjust the timeline. The resolution plans
will identify the reasons why a resident may need more time to comply with an ordinance
for example financial constraints. The department provides residents with a list of non-
profit agencies to assist with several services such as cleaning up a yard or removing
trash. The department also follows up with those agencies when they are assisting
someone. Currently, there is a location where the siding is falling of a house and the
property owner cannot afford to re -side the house. Any amount of fines will not solve the
problem. Resolution plans will assist the owner and the city with solving these types of
complex problems.
The adjudication process is another method of achieving resolution to compliance issues.
If compliance is not achieved through adjudication, and depending on the severity of the
violation, the city has the right to hire a contractor to complete the work and lien the
property for the cost and legal fees. This is a last resort but is done frequently for grass
mowing. As a point of information, the city recoups 75% of the cost for mowing
properties through liens.
Community Development Committee Meeting Report
October 23, 2017
Page 3
Available in the Community and Economic Development Department are brochures that
cover basic municipal code sections. The brochures are used as a tool to inform residents
of the most common ordinances. The brochures are also educational for new and existing
residents. Chairwoman Condon suggested that the brochures also be made available in
the atrium of the Municipal Center.
Chairwoman Condon stated this is a good document and understood this is a work in
progress. A few grammatical corrections were suggested.
Alderman Devine and Santi agreed this was a beneficial document and said they look
forward to receiving updates as it progresses.
6. Review of a proposed text amendment to the Municipal Code Chapter 11, Article
III, Sec. 11-89, Storage of Garage and Refuse containers, etc., and direction to place
this item on the next available City Council meeting agenda
Chairwoman Condon asked Director Polerecky to present this item to the Committee.
Director Polerecky reported that the current ordinance states that garbage and refuse
containers shall be stored out of the public's plain view. In terms of enforcement, this
language is a challenge to the department. Many residents store refuse containers on the
side of their homes next to the garage, which may or may not be seen but can be
perceived as within plain view.
An amendment to the municipal code is proposed revising the language in the ordinance
to permit residents to store garbage and refuse containers "behind the building line of the
principal structure." The city does not intend to allow residents to keep their containers
at the end of the driveway. This is just to make it less restrictive and easier to enforce, as
this is a minor nuisance.
Director Polerecky said not many communities address refuse containers. Naperville
attempted to pass an ordinance requg containers be kept out of plain view and it
received much opposition from the community and consequently, it was not adopted.
Alderman Santi said he keeps his garbage inside and in the summer, it can be a problem.
He also told the Committee that he is aware of a home that is in pristine condition and the
owners keep their cans outside on blocks, and it is not an eyesore.
Alderman Devine expressed his support of the proposed text amendment.
Alderman Santi added he is comfortable with the building line restriction.
Alderman Santi made a motion, seconded by Alderman Devine to forward a
recommendation to the Council in favor of an amendment to Municipal Code Chapter 11,
Community Development Committee Meeting Report
October 23, 2017
Page 4
Article III, Sec. 11489 Storage of Garbage and Refuse Containers, etc., by striking Lite
language "out of public's plain view," and replacing it with "behind the building line of
the principal structure."
Voting Aye:
Voting Nay.
Absent.
Motion carried.
Santi, Santi, Condon
None
None
7. Department Updates:
Director Polerecky reported on the following department activities:
• The new Dunkin' Donuts on Front Street is progressing.
• The Ricky Rockets development is on hold until spring 2018.
• The grass -mowing program is ending for the season, which provides an
opportunity to review the code enforcement procedures.
• Negotiations continue for the Water Tower Marina project. Due diligence for the
potential redevelopment has been extended.
• Smith's Central Garage has started installing a sprinkler system in the building.
• In 2011, the department entered into an agreement with McHenry County for a
Hazard Mitigation Plan. The plan was recently updated and a resolution adopting
the revised plan will be brought to the Council at a meeting in the near future.
Adoption of the resolution will enable the city access to funding should a
community crisis occur. Chairwoman Condon said she forwarded to the City
Administrator the name of a woman who formerly worked for the American Red
Cross and now has her own company that works with other companies developing
emergency preparedness and tragedy plans.
• Community Development is now responsible for building maintenance. Earlier
today, Director Polerecky reported that he met with a company that facilitates
grants through ComEd and the State of Illinois for energy efficient lighting. An
audit of all city facilities will be conducted soon. If approved all city facilities
and city maintained streetlights will be converted to LED lighting. The new
lighting will be energy efficient and reduce maintenance cost. Only the lights and
the ballasts will change, the existing fixtures will be kept.
Community Development Committee Meeting Report
October 23, 2017
Page 5
• Construction of two new single-family homes on Hillside is underway and single-
family home construction continues in the Patriot Estates subdivision. A yearend
permit report will be distributed to the Council in December.
Alderman Santi requested an update on downtown redevelopment. Director Polerecky
informed the Committee that a permit to construct a third theater room was recently
issued for the new McHenry Downtown Theater project and construction of DC Cobbs
is progressing. Remodel permits were issued for the Hidden Pearl Cafe in the former
Some Other Nuts building.
Chairwoman Condon announced the next meeting is scheduled for November 13 at 7:00
PM.
8. Adiournment.
Alderman Devine made a motion, seconded by Alderman Santi to adjourn the meeting at
8:00 pm.
Voting Aye:
Voting Nay.
Absent.
Motion carried.
Devine, Santi, Condon
None
None
Respectfully submitted by Marci Geraghty, Executive Assistant/Deputy City Clerk
Reviewed and Approved on the -� day of � Gi,t�t.i�2. tT ' , 2018.
Chairwoman Geri Condon