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Home My WebLink AboutMinutes - 9/24/2013 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, September 24, 2013 �" Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon and Alderman Santi. Absc;nt: Alderman Peterson. Also in Attendance: Deputy City Administrator Martin and City Cl��rk Jones. Chairman Alderman Condon called the meeting to order at 7:10 pm. Public Input Session No one signed in for Public Input Session. Continued Discussion Regarding Solicitors and Transient Merchant Ordinance Deputy Cit y Administrator Martin reiterated to the Committee that at the July 9, 2013 meeting of the Community Development Committee it was the consensus of the Committee to amend tlie Ordinance to prohibit City-wide peddling due to the numerous complaints received fr��m residents, not obtaining proper licensure prior to peddling and peddlers misrepresenting who they are working for. The Committee also decided to restrict peddling to areas on the Riverwalk only and to restrict solicitation to people and organizations based solely in the City of McHenry. Deputy City Administrator Martin noted that since the last Committee meeting he discussed the proposed amendments with City Attorney McArdle and several concerns were raised. �.. Specifically, the City cannot regulate not-for-profit organizations differently than for-profit organizations. Both organizations must be treated similarly in terms of what restrictions are placed on them. Attorney McArdle also indicated exempting the school districts from requirements of the Ordinance and limiting solicitation to McHenry based organizations would be problematic due to their discriminatory nature. Deputy City Administrator Martin provided the Committee with a copy of an Illinois Supreme Court case whereby the Village of Downers Grove attempted to regulate commercial and noncommercial solicitation differently. The Court ultimately found the Ordinance to be invalid and unconstitutional even through the primary goal of the Village of Downers Grove was to protect its citizenry from fraud, annoyance, disturbance and harassment from door-to-door solicitation, similar to what the City of McHenry is attempting to do. The City can regulate peddling and solicitation based on time, place and manner restrictions only, but must be consistent in doing so amongst different types of solicitors and peddlers. Peddlers can be restricted to Riverwalk locations only but in the same respect"not-for-profit" groups and organizations cannot be permitted to solicit citywide. All fees imposed must be universally applied to for-profit and not-for-profit organizations and groups in addition to other time and location restrictions. Deputy City Administrator Martin presented the following options moving forward: � Community Development Committee Meeting September:'.4, 2013 Page 2 �... � Mai-itain the current Ordinance as written and enforcing the Ordinance as much as possible; • Amf;nd the Ordinance, as proposed, but apply all fees and restrictions equally to fc r-profit and not-for-profit organizations; or � Selectively amend only certain Ordinance provisions, such as strengthening the restriction and penalty provisions in the Ordinance to give the current Ordinance more strength in enforcement. It was noted that the Ordinance would be invalid only if challenged. Deputy City Administrator Martin stated that enforcement is the biggest issue regarding this Ordinance. Staff is seeking feedback from the Committee regarding what direction should be taken with regard to amending the Solicitors and Transient Merchants Ordinance. Deputy City Administrator Martin stated that he felt a responsibility to inform the Committee of the possible challenge. Chairman Alderman Condon stated she would be willing to revise the Ordinance if it is challenged, but would like to move forward with amending the Ordinance as originally proposed. She opined that she does not care for either of the other options presented. Alderman Santi suggested that peddling be eliminated entirely and just maintain the soliciting portion of the Ordinance. � Motion by Santi, seconded by Condon to direct Staff to prepare the Ordinance as proposed at the previous meeting of the Community Development Committee held on July 7, 2013, and to present the proposed Ordinance to Council for consideration. Aye: Condon, Santi Nay: None. Absent: Peterson. Motion carried. Discussion Regardin�Buildin�Code Updates Deputy City Administrator Martin informed the Committee that the City of McHenry adopted its first building code over 50 years ago and has updated it seven times since. Building Codes were initially created in order to establish predictable, consistent minimum standards for construction, safety and health of the built environment in which we live. Due to rising costs of building operations in recent years Codes have also evolved to include provisions for energy efficiency. The most recent update occurred two years ago with the adoption of the 2009 edition of the International Code Council (ICC) Family of Codes, which includes residential,building, fire,mechanical,property maintenance and fuel gas. Deputy City Administrator Martin stated that typically model building codes, similar to ordinances used by the City since 1978, are amended or updated on a three-year cycle. � Communit} Development Committee Meeting September:?4, 2013 Page 3 � Adopting niore up to date Codes allows new technology, materials and procedures to be made avail�ble for use. In some cases this leads to reduced construction cost; reduced constructioii time; and reduction in operating costs once the building has been completed. Staff is pro��osing adopting the use of the 2009 ICC building codes. Deputy Cit:✓ Administrator Martin provided the Committee with a breakdown showing the current cod�s and the proposed updates. Staff is recommending the proposed building code updates become effective January 1, 2014. Staff will send letters to builders and contractors following t}ie Committee's consideration of the amendments and will provide Council a copy of the draft letter prior to sending it out. Motion by Santi, seconded by Condon to recommend the proposed building code updates be forwarded to full City Council for consideration. Aye: Condon, Santi Nay: None. Absent: Peterson Motion carried. Other Business Chairman Alderman Condon asked the Committee members to check their calendars and � consider moving the next meeting of the Community Development Committee from October 22, 2013 to November 12, 2013 at 7:00 pm in the Alderman Conference Room. She suggested that any matters proposed for future agenda items for 2014 are brought to the November l2, 2013 meeting. Deputy City Administrator Martin informed the Committee that Dunkin' Donuts and the new Hallmark store are completing interior renovations. Deputy City Administrator Martin informed the Committee that Buffalo Wild Wings has pushed back their opening from January 2014 to February 2014. Deputy City Administrator Martin informed the Committee that Kohl's is conducting some fa�ade improvements. Deputy City Administrator Martin informed the Committee that D. R. Horton / Cambridge Homes is looking to purchase some of the outer lots at the Oaks of Irish Prairie. Responding to Alderman Santi's inquiry regarding the cafe on Green Street, Deputy City Administrator Martin stated that they were hoping to open by mid-October, but realistically they will likely open sometime early in November. Responding to Chairman Alderman Condon's inquiry regarding the tattoo parlor on Main Street, Deputy City Administrator Martin stated the owner is working on his health license � Communit��Development Committee Meeting September 24, 2013 Page 4 � with the C�unty of McHenry and is planning on approaching Council at the meeting on October 7' 2013 to request a Temporary Use Permit. Alderman Santi suggested that Staff should reqLest that he remove his sign, pending the results from the County. Adiournment Motion by��anti, seconded by Condon to adjourn the meeting at 7:55 p.m. Aye: Condon, Santi. Nay: None. Absent: Peterson. Motion carried. Respectfully submitted, —�� Gen Condon, Chairman `� �