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HomeMy WebLinkAboutMinutes - 7/9/2013 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING � Tuesday,July 9,2013 Aldermen's Conference Room, 7:10 p.m. In Atten��ance: Committee Members: Chairman Alderman Condon, Alderman Peterson and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin and City Clerk Jones. Chairmar Alderman Condon called the meeting to order at 7:10 pm. Aldermar Santi arrived at 7:16 pm. Public Input Session No one signed in for Public Input Session. Continued Discussion Re�arding Solicitors and Transient Merchant Ordinance Deputy City Admmistrator Martin reiterated to the Committee that at the June 11, 2013 meeting of the Community Development Committee, the Committee considered amending the Ordin;�nce to do away with City-wide peddling due to the numerous complaints received from resicents in the City of McHenry, and also to restrict peddling to areas on the Riverwalk only and restrict solicitation to people and organizations based solely in the City of McHenry. Deputy C�ty Administrator Martin noted that in anticipation of Riverwalk construction and \`'' people requesting to sell their wares along the Riverwalk, amendments to the Solicitors and Peddlers Ordinance were approved, in 2007, to allow peddling at specified locations along the Riverwalk. In accordance with the current Ordinance, ten licenses are reserved for Riverwalk peddling activity. Each license is issued for a one-year period. Staff has amended the peddling section of the current Solicitors and Transient Merchants Ordinance, deleting all provisions related to city-wide peddling and maintaining provisions relative to Riverwalk peddling only. Deputy City Administrator Martin informed the Committee that Staff inet and discussed the issue of restricting solicitation to groups and/or organizations based solely within the City limits of McHenry. They found it difficult to draft language which did not exclude larger organizations based outside the City that have solicited in the City for many years. Examples of this type of organization include, Girl Scouts of Northern Illinois, YMCA Camp Duncan, The Salvation Army and Misericordia Heart of Mercy. These types of organizations solicit in front of grocery stores and other retail venues. Some of the representatives of these organizations are based in the City of McHenry, however the larger organization or chapter, as in the case of Girl Scouts, are outside the City. Groups such as those indicated above, sign up annually with the City to solicit for one weekend day only at one or more businesses. The type of solicitation is called "Tag Days." A Tag Day is defined as when collectors for a charitable organization solicit donations, � Community Development Committee Meeting July 9, 2013 Page 2 � giving ea��h contributor a tag. The current City Ordinance restricts solicitors' permits to two per montli. There can be two Tag Day organizations in a one-month period; however, they cannot have the same Tag Day. Deputy City Administrator Martin noted that four of the ten Tag Day organizations would be eliminated if it were determined to limit solicitation to organizations based solely in the City of McHenry. Deputy City Administrator Martin informed the Committee that Staff has never had an issue with the ��rganizations associated with Tag Days and that, historically, all soliciting in the City has�een done in the form of Tag Days. Staff is concerned it may be difficult to develop appropriai e language and enforce restricting organizations based solely within the City's corporate limits. Staff is recommending that language be included in the Ordinance, which requires not-for-profit organizations to submit their not-for-profit status documents to the City prior to approval of a permit for solicitation. Staff provided the following sample language if the Committee desires to restrict soliciting to City-based organizations only: • All solicitors and soliciting organizations must be based and have a street address within the corporate limits of the City; • All solicitors and soliciting organizations with a post office box must also have a street address in the City where their organization is based, works out of, or where meetings are held. � • All solicitors and soliciting organizations based outside of the City must include sub-groups and/or organizations, which are based and have a street address in the City of McHenry. Following extensive review and discussion, it is Staffls opinion that it would be unfair to restrict soliciting organizations, based outside of the City corporate limits, that have sought and been provided with Tag Day approval for the past several years. Deputy City Administrator Martin provided the Committee with three possible options: 1. Leave the Ordinance as is, with Tag Days and solicitation City-wide; 2. Le�ive Tag Days as is, remove City-wide solicitation, with some organizations exempt; 3. Leave Tag Days as is, have McHenry city limit based organization solicitation only, with consideration given to certain non-City based organizations for exemption. Staff is seeking the Committee's recommendation regarding whether to restrict soliciting to City-based organizations only, in addition to the other proposed amendments to the solicitors and transient merchants Ordinance and to present the proposed amendments to full City Council for consideration. � Commun ty Development Committee Meeting July 9, 2013 Page 3 � Chairman Alderman Condon expressed concern regarding the legality, should the Ordinance be modified, of groups such as McHenry High School sponsored fundraising events, selling cards Cit}�-wide. She suggested that this type of organization be exempt. Alderman Santi arrived at 7:16 pm. Chairman Alderman Condon opined that she is in favor of eliminating City-wide peddling altogether, with Tag Days left as is and exempting certain organizations, such as national organizations with a local chapter and schools (i.e., District 15 and 156). She suggested that Staff might establish an application process for any other charitable organizations that might be interested in door-to-door solicitation. A discussion ensued. Deputy City Administrator Martin asked the Committee if he understood their ultimate decision as follows: • Leave the solicitation ordinance as is, exempting Boy Scouts and Girl Scouts organizations; District 15 and District 156; • Eliminate peddling City-wide entirely, except on the Riverwalk. Responding to an inquiry from the Committee, Deputy City Administrator Martin stated that he would check with City Attorney McArdle regarding First Amendment rights and peddling of books and magazines � It was the consensus of the Committee to direct Staff to present the amended Solicitors and Transient Merchants Ordinance to full Council for consideration. Discussion Regardin�ParkinE Requirements for Restaurants Deputy City Administrator Martin informed the Committee that in 2005 the Community Development Committee reviewed parking requirements for restaurants. It was Staffls opinion, at that time, that the requirements did not adequately match restaurant parking usage. Prior to the amendments in 2005 the parking requirements for restaurants were: • Carry Out Only: 16 per 1,000 sf. net floor area; • Drive-In and Eat-In: 20 per 1,000 sf. net floor area, plus 5 stacking spaces at drive-thru; • Eat-In, no Drive-In: 20 per 1,000 sf. net floor area. Following the survey in 2005, it was determined smaller restaurants with drive-thru facilities had too many required spaces, while the sit-down restaurants lacked sufficient parking. The amendments passed by Council in 2006 were: • Reduction in the required parking for carry-out only restaurants to 10 spaces per 1,000 sf. • Reduction in the required parking for eat-in restaurants with a drive-thru to 10 spaces per 1,000 sf., with space reserved to accommodate 15 spaces per 1,000 sf. • Increase in the required parking for eat-in restaurant to 25 spaces per 1,000 sf. � Commun ty Development Committee Meeting July 9, 2413 Page 4 � Staff recently compiled on-site parking data from the current year. The information depicts the maximum number of cars at each of the restaurants during the specified days and times. Four drive-in and eat-in restaurants were surveyed, as well as four sit-down (eat-in and no drive-in) restaurants. In analyzing the results of the survey, it is evident to Staff that the standard �f 15 spaces per 1,000 sf. of net floor area is adequate for drive-in and eat-in restaurants. Additionally, Staff believes the current parking requirement for eat-in and no drive-in restaurants, is also adequate. Staff understands there will be times when these restaurants will be at, or exceed, parking capacity. However, in Staff's opinion, these are exceptions and not the general rule. Staff alsc looked at the regulations in other communities. In comparison, the City of McHenry has the most stringent parking requirements. Staff believes the current parking requirements are sufficient in the majority of situations. Staff would have a concern increasing the amount of required parking and potentially losing future restaurants due to over-rigid regulations. Staff recommends maintaining the current restaurant parking requirements already in place. Responding to an inquiry from Chairman Alderman Condon, Deputy City Administrator Martin indicated the City has not received any significant complaints regarding parking. � Chairman Alderman Condon opined that she supports leaving the parking requirements for restaurants as they are. A brief discussion ensued regarding various restaurants in the City. Alderman Santi stated he has no problem leaving the parking requirements as is. It was the consensus of the Committee that having looked at and evaluated the parking requirements for restaurants to leave them as they are currently. Other Business Deputy City Administrator Martin informed the Committee that Buffalo Wild Wings is about to begin construction on their shell, as is O'Reilly Auto Parts. Chairman Alderman Condon stated that the next regular Community Development Committee meeting is scheduled on Tuesday, August 27, 2013 at 7:00 pm in the Alderman's Conference Room. One of the topics on the agenda for discussion is: • Building Code Updates Alderman Santi inquired about how many garage sales can be held annually at a residential address and whether there was a fee for the permit. Deputy City Administrator Martin stated that two garages sales are allowed annually, per address, and that no fee is required for a permit. � Commun-ty Development Committee Meeting July 9, 2013 Page 5 � Responding to an inquiry from Alderman Santi, Deputy City Administrator Martin stated that door han�;ers are permitted door-to-door,but no peddling. Adiournment Motion b y Peterson, seconded by Santi to adjourn the meeting at 7:51 p.m. Aye: Condon, Santi, Peterson Nay: None. A�sent: None. Motion airried. Respectfiilly submitted, �J� Geri Con�on, Chairman � �