HomeMy WebLinkAboutMinutes - 7/14/2014 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING
�. Monday,July 14,2014
Aldermen's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson,
Alderman Sar�ti. Absent: None. Also in Attendance: Deputy City Administrator Martin.City
Clerk Jones.
In Attendance; Wayne Kurchina - IL Realty Kurchina Associates (from McHenry County
EDC)
Chairman Ald�rman Condon called the meeting to order at 7:20 pm.
Public Input Session
No one signed in for Public Input Session.
Discussion on Various Amendments to the Zoning Ordinance
And Municipal Code PertaininE to the Regulation of Medical Mariivana Disnensaries
and Cultivation Centers
Deputy City Administrator Martin reiterated to the Committee that in August 2013 the State of
Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act (the "Act"),
which became effective January 1, 2014. This is a pilot program scheduled to expire at the end of
2017. The proposed administrative rules governing the Act were published in the Illinois
Register in April of this year. One public hearing on the proposed administrative rules was held
`' on May 5, 2014 and the second will be held on May 11, 2014.
Deputy City Administrator Martin recalled that at its May 12, 20014 meeting the Committee
discussed the provisions of the Act, draft administrative rules and reviewed several Ordinances
adopted by various communities. The Committee then directed Staff to work with the City
Attorney to draft an Ordinance modeled after the City of Naperville Ordinance and investigate
the possibility of instituting a license fee or tax on any proposed cultivation center or dispensary
desiring to locate within the corporate limits of the City of McHenry.
Staff continues to be contacted by several interested parties regarding the possibility of providing
a site for a meciical marijuana cultivation center and dispensary within the City. Staff has spoken
with multiple real estate brokers and other representatives about potential locations in the City
which would comply with the provisions of the Act. Deputy City Administrator Martin noted
that municipalities, including those with Home Rule Authority, cannot prohibit this type of
facility and must provide a reasonable opportunity for one or both of these types of facilities to
locate within tlie City. However, this does not preclude the City from adopting reasonable zoning
restrictions, which are not overly restrictive or burdensome, similar to restrictions for adult uses
or telecommunication facilities dealing with time,place and manner-type requirements.
Wayne Kurchina entered the meeting at 7:10 pm.
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Communit y Development Committee Meeting
July 14, 2(►14
Page 2
� marijuana dispensaries (i.e., retail locations where medical marijuana can be purchased) to be
classified �is Conditional Uses in the C-5, Highway Commercial District only and cultivation
centers (facilities which manufacture, package and distribute to individual dispensaries) be
classified as Conditional Uses in the Business Park and Industrial Districts. Staff has
included parking and signage requirements in the aforementioned districts, similar to other
land uses, in the draft Ordinance. Deputy City Administrator Martin noted that the City
Attorney c�ntinues to review the draft Ordinance. Staff does not anticipate major substantive
alterations to the draft Ordinance, but does foresee language clarification and adjustments,
which would be necessary prior to presentation of the final draft to the Council, following the
Planning a�id Zoning Commission Public Hearing.
Deputy Ci�y Administrator Martin informed the members of the Committee that language
modificatic�ns to existing Ordinances the City currently has in place, which prohibit cannabis,
are required.
Deputy City Administrator Martin noted that a discussion had taken place at the May 12,
2014 meeting of the Community Development Committee regarding the possibility of
instituting a license fee or tax on medical marijuana dispensaries and cultivation centers with
the City Attorney. Staff has ascertained that this is a problematic issue as the state law
governing these facilities does not specifically provide for either a tax or license fee. If the
City were to include a license fee or tax in an Ordinance it may be construed legally as
discriminatory/arbitrary on these particular land uses, as opposed to having a broad tax and
� license fee on all similarly classified land uses. As an alternative, Staff has discussed with the
City Attorney the possibility of a development-type agreement between the City and the
respective�arty proposing the use.
Deputy City Administrator Martin requested the Committee consider the provisions of the
draft Ordinance for presentation to the Planning and Zoning Commission at a Public Hearing.
Deputy City Administrator Martin noted that the Planning and Zoning Commission's
purview is strictly related to the zoning aspect. Staff will present the Ordinance, as written, to
provide a clear picture of what is being proposed and how the amendments to the Municipal
Code and Zoning Ordinance are being addressed simultaneously in a holistic manner.
Responding to an inquiry from Alderman Peterson regarding where the proposed sites are
being considered, Deputy City Administrator Martin stated that the sites need to be a half
mile from any residential property line. Some of the sites are:
• Tonyan Industrial Park
• Adams Commercial Center
� Dot Street
• McHenry Corporate Center
Chairman Alderman Condon opined she believes the City needs to maintain some sort of
financial control. She stated that due to Staff time involved, some type of fee is justified.
Deputy City Administrator Martin concurred. Staff has been approached by parties that are
� willing to pay. The City Attorney has suggested this be initiated via an agreement.
Communit y Development Committee Meeting
July 14, 2(�14
Page 3
`-- Responding to an inquiry from Alderman Peterson regarding whether the dispensaries would
pay sales tax, Deputy City Administrator Martin stated he understands they would be taxed
similar to�►rescription drugs.
Alderman Peterson stated that economically he sees the advantage of having a dispensary in
the City of McHenry. He supports the idea of an agreement with the proposed site owner.
Mr. Kurchina stated that there exists the opportunity for research and development with
established companies. Deputy City Administrator Martin acknowledged that medical
marijuana �iispensaries and cultivation centers appear to be an industry on the cutting edge of
technology. Chairman Alderman Condon acknowledged that those educated about the issues
know aboi�t the restrictions and security involved in operating this type of facility and
education�vill be necessary to maintain the City's reputation.
Recommendation to Schedule a Public Hearing and Present Various Amendments to
the Citv of McHenry Zoning Ordinance and Municipal Code to Re�ulate Medical
Mariivana Disqensaries and Cultivation Centers to the Plannin� and Zonin�
Commission, as presented
Motion by Peterson, seconded by Santi, to present the draft Ordinance, as is, to the Planning
and Zoning Commission at a Public Hearing, after which the draft Ordinance would be
forwarded to full Council for consideration.
�,,, Aye: Condon, Peterson, Santi.
Nay: None.
Absent: None.
Motion can-ied.
Discussion on Licensing of Contractors
Deputy City Administrator Martin reiterated to the Committee that approximately one year
ago the Council approved amendments to the Municipal Code regarding licensing electrical
contractors to eliminate an Electrical Commission, which was established years ago by the
City's Municipal Code, as well as the City's involvement in issuing licenses to electrical
contractors. The City had never conducted electrical license testing and the issuance of the
licenses had become an administrative procedure with no inherent value to the City of
McHenry, the consumer, or the electrical contractor.
The Ordinance was amended to require electrical contractors to obtain a license from one of
a handful of communities, which conducts annual testing in the State of Illinois. Licensing of
specific contractors is already required by the State of Illinois including plumbers, roofers
and electricians. Staff requires copies of current Illinois municipal licenses for all of these
contractors when they are performing work in the City of McHenry.
Deputy City Administrator Martin stated that the creation of a contractors' licensing program
has benefits as well as drawbacks.
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Community Development Committee Meeting
July 14, 2(�14
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`-' Pro:
• Gi�es the City of McHenry a mechanism to require general commercial liability and
wo�•kers compensation insurance for contractors doing business in the City.
Cons:
• Issi�ing licensing is a time consuming task
• If � licensing program is implemented by the City, contractors would pay for the
license annually but likely, many would pass the cost on to all
honieowners/businesses they work with throughout the year as part of the contract for
seri�ices.
Following discussion with several contractors, Staff learned more than half are not in favor
of licensui•e. Because of the aforementioned reasons, Staff recommends not licensing
contractors at this time, but revisiting the topic at some point in the future.
Chairman Alderman Condon opined she likes the idea of revisiting the subject at a later date,
agreeing with Staff that two or three years might be most advantageous. She suggested an
article in the newsletter to inform residents and businesspersons of the decision would be a
nice idea. Alderman Peterson and Alderman Santi concurred. Deputy City Administrator
Martin assured the Committee he would see to it.
It was the c:onsensus of the Committee to not proceed with licensing contractors at this time
� and to revisit the topic at a future date.
Discussion on Various Amendments to the Si�n Ordinance
Deputy City Administrator Martin reiterated that at the January 27, 2014 meeting of the
Communit}�Development Committee, the Committee recommended amendments to the Sign
Ordinance to address:
• Signage utilizing light-emitting diode(LED)technology;
• Additional signage for grand openings;
• Directional, temporary and sandwich-board signs;
• Feather banners; and,
• Signs in the right-of-way.
Deputy City Administrator Martin noted that signs are an integral part of a local business;
businesses are constantly seeking an advantage to market and distinguish themselves. Staff is
continually evaluating ways to improve the Sign Ordinance to balance being business-
friendly while ensuring appropriate regulations are in place to address issues inherent to
signage, which include safety, aesthetics and clutter.
Staff is proposing amendments to the Sign Ordinance to:
• Address signage for in-line shopping center tenants, and single and multi-user out
parcels to be consistent with signage permitted for commercial businesses located
outside of a shopping center;
`-- • Clarify the terms for in-line tenants, and single and multi-user out-parcel tenants;
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July 14, 2C 14
Page 5
�' • As well as a couple of other minor modifications.
Staff is not recommending increasing the amount of total signage allowed for larger retailers,
but simply the number of wall signs.
Staff is nc t proposing any changes to wall signage regulations for multi-user out parcel
buildings �ecause a tenant in a multi-user outbuilding could potentially have up to three wall
signs.
Deputy City Administrator Martin summarized the various amendments proposed by Staff.
Alderman Santi opined he likes the ratio proposed.
Recommendation to Present Various Amendments to the Si n Ordinance
To the Citv Council, as presented
Motion by Santi, seconded by Peterson, recommending that Staff present the proposed
amendments to the Sign Ordinance to full Council for consideration.
Aye: Condon, Peterson, Santi.
Nay: None.
Absent: None.
Motion carried.
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Next Meeting Date
Chairman Alderman Condon informed the members of the committee that the next meeting
of the Com�nunity Development Committee will be on Monday, August 25, 2014, at 7:00 pm
in the Aldei-man Conference Room.
Other Business
Deputy City Administrator Martin informed the Committee that proposed topics on August
25, 2014 would be:
• Teai•down Ordinance; and
• Code Enforcement
Deputy City Administrator Martin informed the Committee that the Community
Development Department would be going on-line with the new software at the end of July.
Deputy City Administrator Martin informed the Committee that some of the goals proposed
for 2015 would be to address:
• Non-conforming signage;
� Revi siting Rental registration; and
• The Fence Ordinance more comprehensively.
Chairman Alderman Condon informed the Committee that if the Committee members had
� any suggestions for 2015 goals to contact Deputy City Administrator Martin.
Community Development Committee Meeting
July 14, 2(�14
Page 6
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Respondin� to an inquiry from Chairman Alderman Condon regarding Eckels Flea Market
closing, Dc�puty City Administrator Martin stated that Eckels Flea Market is closed, however,
the owners are re-opening at the former site of Marita's Little Miracles on Riverside Drive as
a resale store.
Deputy City Administrator Martin informed the Committee that he has been approached by
some peop:e regarding some of the vacant sites around town and discussions are continuing.
Adiournment
Motion by Peterson, seconded by Santi to adjourn the meeting at 8:17 p.m.
Aye: Condon, Peterson, Santi.
Nay�: None.
Absent: None.
Motion carried. ''
Respectfully submitted,
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Geri Condon, Chairman
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