Loading...
HomeMy WebLinkAboutMinutes - 2/23/2015 - Community Development Committee _ COMMUNITY DEVELOPMENT COMMITTEE MEETING Monday, February 23,2015 �'' Aldermen's Conference Room, 6:30 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Aldertnan Peterson, A.lderman Santi. Absent: None. Also in Attendance: City Administrator Morefield and City Cl erk Jones. Chairman f�lderman Condon called the meeting to order at 6:45 pm. Public Inuut Session No one sig�ied in for Public Input Session. Discussion Re�ardin�Proposed Amendments to Municipal Code Article II,Taxicabs City Admi iistrator Morefield informed the Committee that due to the shortage of public transportation options in McHenry many residents rely on the use of a taxicab service as their main transportation option. Article II. Taxicabs, of the McHenry Municipal Code, allows for the issuance of five taxicab licenses in the City. Each of the licenses allows for the opportunit} to operate an undefined number of taxicab vehicles so long as the vehicles are annually licensed and all vehicles operating as taxicabs undergo semi-annual inspections to ensure they are in safe operating order. Portions of the Municipal Code also include language relative to the "Character of applicant" �' and "Drivers to be licensed". Until recently the City Administration focused primarily on the issuance of annual taxicab licenses and semi-annual vehicle inspections, with less focus on the character of the drivers. Unfortunately, a couple of years ago, the City began receiving numerous complaints regarding drivers and drivers' conduct. In response, in 2014 and under the current language of the Municipal Code, the Police Department and Department of Communit�� and Economic Development coordinated to develop a system for the local licensing o,'taxicab drivers in an effort to ensure that drivers met, specifically, Sec. 25-19 of the Munici,�al Code. The system involved requiring that each driver come to the Municipal Center, complete an application, undergo a background check and upon successful completion, a photo identification card was received for display. While the process sounded reasonable and appropriate, unfortunately it did not meet the anticipated expectations and was suspended. The level of driver turnover, coupled with the fact there is no mechanism for ensuring that local identification cards issued by the City of McHenry are returned, resulted in an inordi nate amount of Staff's time. Staff is recommending that the process for the application, review, issuance and enforcement of taxicab license be comprehensively reviewed since the existing language is nearly 20 years old. Additionally, Staff would like to further evaluate the feasibility of licensing individual drivers to ensure the safety of passengers. City Administrator Morefield stated that the review would involve staff from both the Police Department and the Department of Community and Economic Development. He noted that Chief of Police Jones has suggested that each company be required to provide the City with a list of employees. `' Chairman Alderman Condon opined she is pleased that Staff is seeking to update the antiquated language in the Municipal Code, particularly with regard to background checks. Community Development Committee Meeting February 23, 2015 Page 2 �-- Respondin; to an inquiry from Chairman Alderman Condon regarding the cost of an individual background check, City Administrator Morefield indicated the cost is approxima:ely $38.00. Respondin� to an inquiry from Chairman Alderman Condon regarding whether Staff has researched what surrounding municipalities are doing regarding this matter, City Administr�.tor Morefield stated that a cursory review of surrounding communities has shown that there i;�no real monitoring taking place. Alderman Santi opined that he is in favor of the taxicab companies providing a roster of drivers. He is in favor of the company being held responsible. Chairman Alderman Condon suggested that a certificate be on display in the taxicab and with the City of McHenry with a telephone number and contact information to report any problems. It is the consensus of the Committee to direct Staff to undertake the comprehensive review of Article II, Taxicabs, of the Municipal Code and submit recommended amendments to the Communit,v Development Committee at a future meeting. Recommendation to Forward a Reauest to the Citv Council on Proposed Amendments to the Zonin�Ordinance Regardin�Outdoor Seatin� in Commercial Zoning Districts City Administrator Morefield reiterated to the Committee that one of the goals of the �-- Community Development Committee for 2015 is to consider an amendment to the Zoning Ordinance pertaining to outdoor seating and entertainment. He reminded the Committee that the City recently amended the Zoning Ordinance to allow the outside display of inerchandise without the need to go through the Conditional Use Permit process. City Administrator Morefield suggested it may similarly be possible to address outdoor seating and entertainment the same way. Outdoor Seatin� The City often receives requests from local food service establishments regarding opportunities for expanding their service area, as weather permits, by providing outdoor seating of�atrons. By current definition, in the Zoning Ordinance, a business is required that a business' request for outdoor seating proceed through the Conditional Use process for review and approval. The process includes public notification and the holding of a public hearing before the Planning and Zoning Commission, prior to consideration by Council. Due to public notification requirements and the meeting schedule of the Planning and Zoning Commission, estimated approval of a Conditional Use Permit would take, at a minimum, 30- 45 days. It is Staffls opinion that the process presents a barrier to outdoor seating and entertainment opportunities and that guidelines could be established to allow these uses through an administrative review and approval process on a more timely and business- friendly basis. Staff is proposing the following regulations be considered as part of an amendment to the `.- Zoning Ordinance which, if complied with, would allow outdoor seating for businesses within any commercial zoning district. Community Development Committee Meeting February 23, 2015 Page 3 `.. General Conditions for Outdoor Seatin� The intent of this section is to provide regulations for the placement of outdoor seating on private and public property and to mitigate any adverse impacts on adjacent properties and/or public right-of-way while maintaining the health, safety and welfare of the general public. Any person who owns or operates a retail business that has a storefront that opens on to a street, public way or private way shall be permitted to install outdoor seating per the following regulations: • Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code. • Thf� seating must be located on a hard surface such as asphalt, concrete, brick or wood. • It rriust not be located within a required landscape island or area. • Seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier(fence, gate, landscape planter, etc.). • Sidewalks shall not be reduced to a clear usable width of less than 48-inches. • Pedestrian and motor vehicle vision clearance must not be blocked at intersections, dri��eways, doors and signage. This includes the use of appurtenances (umbrellas, etc.). • Tables, chairs and other related items shall be appropriately secured in the case � of high winds. • Operation of outdoor seating area is only permitted when the business is open and not before 7:OOam or after 10:00pm. • Outdoor seating on public property must be removed during hours that it is not being utilized. • The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise-making devices shall not be used. • No electrical appliances or open flame devices to be placed in the seating area. • Outdoor seating on public property shall be immediately removed by the business owner any time that the City Administrator, or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions. Process for Authorizin� Outdoor Seatin�: Businesses wishing to locate outdoor seating shall submit the following information to the McHenry Department of Community and Economic Development for consideration: • Application form that identifies business name, address, PIN, zoning designation, name/address/phone/fa�email of applicant and property owner; • A dimensioned site plan indicating the number and location of the tables (including `- table measurements), chairs, trash receptacles and any other related elements; Community Development Committee Meeting February 23, 2015 Page 4 `' • A "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner; • It is recommended that, once an Outdoor Seating Permit is issued, it remain active until such time as the requesting business ceases to exist. In other words, it does not ha�e to be renewed annually. However, the application and permit will include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. A fine provision will also be added to the list of Settlement of Offenses in the Municipal Code to address violations. • A �ermit will need to be resubmitted if any changes are made to the listed conditions and/or status of the original permit. • No fee is being recommended at this time for the issuance of this permit. Staff is recommending that no fee be charged as there is concern that the process would be viewed as �i money-generating vehicle for the City. Other Related Items for Consideration Service of Food At this time, it is recommended the inclusion of food service for outdoor seating be limited to food that is sold/transferred within the building and carried in to the outdoor seating area. The service of food in an outdoor seating area may be requested by a business but would go � through the variance process. The serving of food in an outdoor seating area introduces a number of issues related to sanitation and McHenry County Health Department regulations. Service/Consumption of Alcohol It is also recommended that the authorization for outdoor seating not include the service or consumption of alcohol. Again, this may be requested by a business but should continue to go through a separate variance and approval process as more stringent guidelines may be placed on the service/consumption of alcohol by the Liquor Commissioner within an outdoor seating area. Live Entertainment Currently, ]ive entertainment is a conditioned use for taverns and bars in Zoning District C-2 and above and for restaurants in C-3 and above. It is recommended that this conditioned use remain in place for taverns and bars, however, it may be appropriate to amend the Zoning Ordinance to allow live entertainment and dancing within restaurants. In doing so it may be wise to more narrowly define "live entertainment" as it is not currently defined in the Zoning Ordinance. Live entertainment that includes amplification would not be allowed under the outdoor seating regulations as proposed. City Administrator Morefield stated that the regulations/conditions proposed are not inclusive and may be modified pursuant to any recommendations of the Committee. Alderman Santi opined that he supports a small annual fee. He also stated he fees Staff `' should view the outdoor seating venue prior to signing off on an application. Alderman Santi Community Development Committee Meeting February 23, 2015 Page 5 `' stated that he concurs with Staff that the process should be less of a burden on a business owner. Alderman Peterson opined that there really is not a lot of space for outdoor seating in most cases, but he has no issues with the concept. Chairman Alderman Condon stated that she would like Staff to verify that all seating is removed and placed indoors at night. Chairman Alderman Condon inquired about outdoor heaters stating she is in favor of the concept of having heaters outside, if they were removed and placed indoors nightly as well. City Administrator Morefield stated that businesses are likely to w;�nt to have them and the outside heater issue should be addressed. Respondinb to an inquiry from Chairman Alderman Condon regarding whether a businesses would need additional approval from the McHenry County Health Department regarding outside service, City Administrator Morefield stated that Staff would research the matter. Chairman .�lderman Condon concurred with Alderman Santi regarding a small annual fee; she suggested $25 or $50, and an additional fee if an outside heater is involved. Motion by Santi, seconded by Peterson directing Staff to proceed with the development of an amendment to the Zoning Ordinance to allow for the implementation of outdoor seating without the need to go through a lengthy condition use process and to explore the possibility `' of outdoor heaters together with the outside seating. Aye: , Condon, Peterson, Santi. Na��: None. Absent: None. Motion carried. Other Business Responding to an inquiry from Alderman Santi regarding the applicable committee to handle the topic of City-wide fee structures, which he opined should be reviewed, City Administrator Morefield stated that it would be a topic for the Finance and Personnel Committee. City Administrator Morefield informed the Committee that the City of McHenry, in conjunction with the McHenry Area Chamber of Commerce, has established a signage program to promote local businesses. The signage is a unique advertising opportunity and fourteen (14) positive responses for purchase have already been received. The signs are composed of a three dimensional sanded plywood historic bridge with a river scene, which will be sold at the Chamber office. The "river" portion of the sign is for display of the advertising business. Funds from the bridge sign will go to the McHenry Riverwalk Foundation to aide in the return and restoration of a section of the Historic Pearl Street Bridge. The signs will remain displayed until October when they are taken down and may be �-- retrieved by the purchaser of the sign. Community Development Committee Meeting February 23,2G15 Page 5 � Other Business • Res�onding to an inquiry from Alderman Santi City Administrator Morefield stated the applicable committee to review city-wide fee structures is the Finance and Personnel Corr�mittee. � City Administrator Morefield provided information to the committee about the "Return the �iridge" sign campaign. • Ongoing Economic Development Efforts: • Mc�'enry Market Pulse economic development blog has been activated. • Dire;,tor Martin is working with Chamber staff on a Strategic Planning Session for economic development. Director Martin is also preparing for the International Con;`erence of Shopping Centers (ICSC), held annually in Las Vegas the second week in May. � Conversations with potoential developers have taken place about the vacant Target property. • The Sears property lease is up and that the owners of the former Walmart property rece�itly paid off liens on the property and the title is now clear. • Stafi'is still awaiting word regarding marijuana cultivation. Chairman Alderman Condon reminded the Committee that the next scheduled meetings of the Community Development Committee are May 11`h and June 22°d. It is the consensus of the Committee that the time set for the Community Development Committee meetings remain at 7:00 pm. �-- Adiournment Motion by Peterson, seconded by Santi to adjourn the meeting at 7:40 p.m. Aye: Condon, Peterson, Santi. Nay: None. Absent:None. Motion carried. Respectfully submitted, �d�c✓ z/ � , Geri Condon, Chairman �