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HomeMy WebLinkAboutMinutes - 3/12/2013 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, March 12, 2013 � Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin and City Clerk Jones. Alderman Santi arrived at 7:15 pm Chairman A lderman Condon called the meeting to order at 7:15 pm Public Inuut Session No one signed in for Public Input Session. Discussion Re�arding Swimming Pools Deputy City Administrator Martin reiterated to the Committee that in 2006 the Community Development Committee and the City Council reviewed the City of McHenry pool ordinance. The review was done to address the increase in the number of"inflatable" or "temporary" swimming pools that were being erected in and around the City of McHenry. At that time, Staff conducted a poll of surrounding municipalities in an effort to ascertain how these types of pools were managed. It was discovered there was no consistency with any enforcement or regulation of this type of pool. On July 17, 2006, an amendment was passed by Council clarifying the difference between `- permanent and temporary swimming pools and exempted temporary pools from the regulations in Chapter 22 of the Municipal Code. Staff has once again polled surrounding municipalities and discovered a number of cities have begun enforcement of temporary swimming pools. Deputy City Administrator Martin advised the Committee that the Community and Economic Development Department ("CED") receives numerous phone calls from concerned citizens every summer. The main concern is placement of the temporary swimming pools and the fact the no barrier is required around these "temporary" structures. Currently, the City enforces the swimming pool ordinance in Chapter 22 of the Municipal Code. The code was created many years ago because building codes did not specifically address swimming pools. Building codes have evolved over the years and now include a section that covers swimming pools. These codes are much more thorough, effectively regulating pool construction, electrical supply and barrier systems that surround the swimming pool. The codes are consistently updated to keep up with the change in product available to the consumer. Eliminating Chapter 22 of the Municipal Code (swimming pools) and adopting an International Code Council Swimming Pools, Spas and Hot Tubs Ordinance would allow the City to regulate pool structures. All permanent swimming pools currently require a permit and are inspected for compliance. Staff recommends an annual permit be required for a temporary swimming pool, along with a �- one-time fee of thirty ($30.00) dollars. By instituting a permit and fee, the CED department will be able to address safety concerns through the building code governing the placement, Community Development Committee Meeting March 12, 2013 Page 2 � electric and barrier requirements. 'The building code would replace the current swimming pool ordinance in the Municipal Code. Deputy City Administrator Martin noted that the building code nearly mirrors the current ordinance as it related to permanent swimming pools. The most si�ificant change would be the barrier requirement for temporary swimming pools, capable to ttolding water 24" or greater. Education will be essential for this change to be successful. Staff would create a "good neighbor" brochure covering the topic. Also, Staff anticipates that Facebook and Twitter could be utilized. Staff hopes to approach the local big box stores tliat sell these types of swimming pools and request they place literature in the area that the pools are sold. Deputy City Administrator Martin provided the Committee with an example of the brochure utilized by the City of Crystal Lake, which is offered to citizens for educational purposes. Chairman Alderman Condon inquired whether hot tubs have been regulated. Deputy City Administrator Martin responded affirmatively, noting that hot tubs are a more "permanent" structure and hold more than a 24-inch depth of water. Chairman Alderman Condon inquired of the Committee if there are any concerns regarding the $30 one-time fee. Alderman Peterson stated he had no concerns about the fee as there is an administrative cost associated with the inspection of the structure. Alderman Peterson inquired whether random inspections would take place or whether an inspection would be � conducted only if a complaint was received. Deputy City Administrator Martin informed the Committee that annual inspections would take place. Alderman Santi inquired whether the $30 fee is sufficient to cover administrator expenses. It was the consensus of the Committee that if any changes took place to a licensed structure that a new fee of$30 would attach. Motion by Peterson, seconded by Santi, recommending the proposed amendments to the Swimming Pool Ordinance and directing Staff to present the proposed Ordinance to full Council for consideration. Aye: Condon, Santi, Peterson Nay: None. Absent: None. Motion carried. Discussion Regarding Tall Grass and Weeds Deputy City Administrator Martin informed the Committee that Staff has been seeking ways to improve upon and streamline code enforcement administration. Currently, the Municipal Code requires property owners be given 10-day notice after receipt of a violation for tall grass and/or weeds to address the problem. The City cannot have a contractor legally cut a property until the 10-day notice period concludes. Additionally, all violation notices must be sent registered or certified mail. � Community Development Committee Meeting March 12, 2U13 Page 3 � Staff has determined that in order to address weeds and noxious growths in a more efficient and timely manner, it is proposed that Article II of Chapter 24 of the Municipal Code be deleted and replaced with Section 302.4 Weeds of the International Property Maintenance Code. Section 302.4 provides Staff flexibility in providing notice to property owners using regular mail, as opposed to registered or certified mail, or posting of a notice on vacant property. These amen�iments would permit the City to address tall grass and weeds in a more timely manner and bill, and/or lien, a property as necessary. Additionally, the City would save money on postage required for certified or registered mailing. Section 302.4 reads as follows: Weeds. All premises and exterior property shall be maintained free from weeds and plant growth in excess of 8". All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided: however this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of the notice of violation, they shall be subject to prosecution � in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation to cut and destroy the weeds growing thereon and the costs of such removal shall be paid by the owner or agent responsible for the property. Chairman Alderman Condon opined that she is in favor of the codes being standardized. Responding to an inquiry regarding the length of time a property owner would have to comply following notice; Deputy City Administrator Martin stated Staff was proposing 3 days for compliance. Chairman Alderman Condon suggested 4 days. Motion by Santi, seconded by Peterson, recommending the proposed amendments to the Weeds and Noxious Growth Ordinance and directing Staff to present the proposed Ordinance to full Council for consideration,with a compliance period of 4 days. Aye: Condon, Santi, Peterson Nay: None. Absent: None. Motion carried. Discussion Re�arding Animals and Fowl Deputy City Administrator Martin informed the Committee that Staff receives many calls asking if the City has a limit on the number of dogs and cats permitted per home. `" Approximately 25 complaints are filed every year regarding dogs. Complaints include Community Development Committee Meeting March 12, 2013 Page 4 �. barking, running at large and failure of the owner to pick up waste. Staff conducted a poll of surrounding municipalities in an effort to ascertain if any limited the number of dogs and/or other animals in general and discovered many municipalities do limit the number of dogs and/or cats permitted per household. Algonquin and Lake in the Hills limit the total number of domestic animals to four, Hebron limits the number of dogs to two. Staff has re��iewed the City's Animal and Fowl ordinance in its entirety with the Director of McHenry Cc�unty Animal Control, who suggested updating certain provisions: • Somc of the City's existing ordinance is dated; • Section 6-27 thru 6-30 are clearly dated and most responsibilities fall within the jurisdiction of the McHenry County Health Department,not the City; • The Director of McHenry County Animal Control suggested the City update its definition of exotic animals. Staff is proposing regulating the number of dogs and cats any given household could have at one time. Staff is recommending allowing a total of six dogs and cats combined, with the number of dogs or cats limited to three each. The reason for limiting the number of cats and dogs is primarily due to health and cleanliness issues. Additionally, when there is an excessive number of dogs they tend to develop a pack mentality, which can often be dangerous to people and other dogs. Homes currently exceeding the proposed limits would be grandfathered in for the life of the pet. Staff would work with animal control to determine the � number and location of homes within the city limits of the City of McHenry exceeding the proposed limit. Motion by Peterson, seconded by Santi, recommending the proposed amendments to the Animals and Fowl Ordinance and directing Staff to present the proposed Ordinance to full Council for consideration. Aye: Condon, Santi, Peterson Nay: None. Absent: None. Motion carried. Other Business Chairman Alderman Condon informed the Committee that the next meeting of the Community Development Committee would take place on May 21, 2013 at 7:00 pm in the Aldermen's Conference Room. Tentative agenda items include: • Review of peddler and solicitor licenses; • Storage pods; and • Car ports. Deputy City Administrator Martin informed the Committee that O'Reilly Auto Parts is moving forward and an opening is anticipated in June 2013. � Deputy City Administrator Martin informed the Committee that Epic Cycle is relocating to a venue on Route 31 in McHenry. Community Development Committee Meeting March 12, 2013 Page 5 � Deputy City Administrator Martin informed the Committee that Plum Garden Restaurant is planning an expansion. Deputy Cit;- Administrator Martin informed the Committee that Mattress Outlet on Illinois Route 120��ill be closing at the end of March 2013. Deputy CitS Administrator Martin informed the Committee that the registration of rentals in the City of McHenry is going well. Deputy City Administrator Martin informed the Committee that Buffalo Wild Wings is progressing and an opening is anticipated in late spring 2013. In response to an inquiry from the Committee, Deputy City Administrator Martin informed the Committee that as yet nothing has been determined regarding the former Windy City Wings structure at the corner of Green Street and State Route 120. Adiournment Motion by Peterson, seconded by Santi to adjourn the meeting at 8:05 p.m. Aye: Condon, Santi, Peterson Nay: None. � Absent: None. Motion carried. Respectfully submitted, � � �� Geri Condon, Chairman .�