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HomeMy WebLinkAboutMinutes - 1/22/2013 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday,January 22,2013 `-- Alderman'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 Community and Economic Development Secretary Wolf. Chairman Alderman Condon called the meeting to order at 7:00 p.m. Public Input Session Joyce Story, 1 E 17 Leonard Ave., McHenry, suggested establishing a Citizens Beautification Committee and appealing to area businesses and the McHenry Chamber of Commerce to maintain certai�i downtown business areas. Ms. Story asked the committee for clarification regarding unde-standing what businesses are allowed in each of the different zoning districts, requirements fc�r flea markets and video gambling, and beautification of the City. Discussion Re�arding Electrical Licensing Deputy City Administrator Martin informed the Committee that staff is recommending the City discontinue issuing electrical licenses because there is no active electrical commission and eliminate the requirement for an electrical commission. Deputy City Administrator Martin reiterated that by policy, staff has continued to renew existing electrical licenses over the years without an electrical commission because the licenses have � been in existence for approximately 25 years. The City currently enforces the requirements of the national Electric Code and it is updated every three years. Without an electrical commission being seated it is becoming increasingly difficult for one or two staff inembers to determine if a particular contractor remains competent to hold a City license. Deputy City Administrator Martin stated staff holds certifications to inspect and review plans in different areas of construction, including electrical work. There will be no reduction in the level of service, life safety concerns or customer service already provided to residents and businesses. If approved, letters will be sent to current license holders which will give approximately nine months to secure a license from one of the other communities that issue these licenses. Discussion ensued regarding the duties of the electrical commission and the impact of eliminating it. Further discussion was held clarifying whether the discontinuation of issuing electrical licenses will be a hardship on the few people who get them from the City and what type of notice would be required. Staff is recommending the following amendments to the municipal code: Eliminate: section 7-121 of the Municipal Code: Electrical Commission established; membership; Eliminate: Section 7-1222 of the Municipal Code: Duties of Commission; � Community Development Committee Meeting January 22, 20l 3 Page 2 � Eliminate: Section 7-131(a)(b)(c)(d)(e) of the Municipal code and insert: All persons, including electrical contr,�ctors as defined herein, engaged in the business of installing or altering electric equipment sha:l hold a valid electric license/registration from a community in the State of Illinois; and Add: Definition of"Electrical Contractor" to Section 1-2: Electrical Contractor: Person engaged in the business of installing or altering by contract electricul equipment for the utilization of electricity for light, heat, or power. But the term "e lectrical contractor" shall not include the installing or alteration of (1) radio apparat�zs or equipment for wireless reception of sounds or signals, or (2) apparatus, conductors, or other equipment installed for or by public utilities, including common carriers, which are under the jurisdiction of the Illinois Commerce commission for the use in the operation as public utilities. Nor shall the term include the employees employed by an electrical contractor to do or supervise his work. Motion by Santi, seconded by Peterson to direct Staff to forward the proposed amendments to the municipal code to full Council for consideration. Aye: Condon, Santi, Peterson Nay: None. Absent: None. Motion carried. � Discussion Re�ardin� Snow and Ice Accumulation Removal Deputy City Administrator Martin reiterated to the Committee that snow and ice removal was discussed at the March 16, 2010, October 26, 2010 and May 17, 2011 Community Development Committee meetings and staff was directed to enforce the provisions of Sec. 21-18 of the McHenry Municipal Code by complaint only and keep a log of staff time associated with enforcement. During the winter of 2011/2012 the City experienced: • Five major snow events between December and February which generated a total of 12 complai nts; • From the 12 complaints 92 individual properties were identified as being in violation; • Notification was made by personal visits or letters being sent to the 92 property owners; and • A total of 347 tasks were completed and approximately 77 hours of staff time was consumed to identify the properties and investigate the violations, log the information, send notification/speak to property owners and conduct follow-up inspections. Deputy City Administrator Martin stated staff has taken a less enforcement-oriented approach to this issue as directed by the Committee two years ago and has tried very hard to work with � Community Development Committee Meeting January 22, 2013 Page 3 �" property owners. The ordinance is hard to enforce due to timing of the complaints and temperature an3 weather variables on a daily basis. Enforcement also often requires a judgment call in determiTiing when snow has partially melted or been removed and these issues can be a cause of questionable determination if enforcement is continued and violations go to court. It is staff's belief tliat to obtain compliance and maintain the integrity of the ordinance, violation notices and cit�tions, if necessary, should be sent to those property owners which do not comply. Staff is seekin,� direction from the Committee whether to completely enforce the removal of snow and ice from public sidewalks or alternatively delete the provision requiring property owners to remc ve snow and ice accumulation from public walks within 24 hours. A brief discussion ensued. Chairman Alderman Condon opined there appears to be an unfair advantage since commercial property owners are not given civil immunity from liability for non- compliance with the state's snow and ice removal act and residential property owners are. She stated she is not concerned with the staff time being used if the ordinance can actually be enforced, which is proving to be difficult to accomplish. Chairman Alderman Condon suggested the Committee recommend deleting the provision from the Municipal Code and use the State's Snow and Ice Removal Act as a point of reference if complaint calls are received. Alderman Peterson and Alderman Santi continued the discussion and expressed concern particularly in high traffic pedestrian districts such as the downtown business districts. It was suggested that a snow district might be established in these business areas and the business �-- owners could unite and produce a plan for maintaining their sidewalks, possibly in cooperation with the McHenry Chamber of Commerce. Alderman Peterson and Alderman Santi agreed with Chairman Alderman Condon regarding the disparity in liability for non-compliance for commercial property owners as opposed to residential property owners. In response to a question asked by Alderman Santi regarding what action will be taken and what response will be given to snow complaints if the provision is abolished, Deputy City Administrator Martin stated a letter could be mailed to the offending property owner notifying them of the Illinois Snow and Ice Removal Act and advising them of their responsibility to clean their sidewalks. Motion by Peterson, seconded by Santi directing Staff to forward a recommendation to delete the provision for snow removal ordinance from the Municipal Code to full Council for consideration. Aye: Condon, Santi, Peterson Nay: None. Absent: None. Motion carried. Discussion Re�ardin� Gara�e Sales Deputy City Administrator Martin informed the Committee that regulation of gazage sales was discussed in 2009 but proposed amendments to the ordinance were not presented to the City � Community Development Committee Meeting January 22, 20?3 Page 4 �" Council due to increasingly difficult economic times. However, there is a provision in the municipal code allowing residents to sell and/or advertise up to five items from their residence at any one time that has been a source of concern for staff. The following is currently listed as exempt from the regulations for garage sales in the existing ordinance: "(c) Any persons selling or advertising for sale an item or items of personal property which are spec�fically named or described in the advertisement and which separate items do not exceed(S) in m�mber. " Staff has encoiintered home-based automobile dealers and other home-based businesses where the homeowner is using this provision to their advantage to continually sell items from their residence. Specifically, staff has experienced instances where a homeowner was allegedly buying vehicles from auctions and reselling them, up to five, from their residence. Other items that have been seen being sold and displayed from city residences in multiple lots for sale are tires, bicycles, and bag boards, which while not a pervasive issue, are an issue staff wanted to present to the Committee for discussion as warmer months approach. Deputy City Administrator Martin stated staff does not want to be overly restrictive and not allow small items to be sold at a residence, but at the same time the intent of the provision is to allow the sale of a car or two or other piece of inerchandise while not running a business selling merchandise outdoors. Staff is not seeking to reconsider the entire garage sale ordinance but is seeking Committee feedback on three options being presented to address the issue of the �-- provision for selling up to 5 items at a residence: 1) eliminate the provision and allow no sale of merchandise from a residence without obtaining a garage sale permit, 2) leave the provision as it is written and continue to monitor the issue; and 3) reduce the number of items from five to something less. Chairman Alderman Condon requested clarification on whether advertisement in the provision meant newspaper advertising or included simply having a sign on the items for sale on the property. Deputy City Administrator Martin confirmed either type of advertising is included in the meaning of the provision. In trying to determine the best approach to take, a brief discussion ensued regarding the process for recordkeeping on garage sale permits, the process for home occupation permits, and where the offenses usually occur. Deputy City Administrator Martin explained the processes and stated most of the residential sales of individual items have been done on busier streets such as Crystal Lake Road and Orleans Street. Alderman Peterson stated he does not want to see a permit required to be issued for every item someone wants to sell, but would like to limit the provision to 3 items only one of which can be an automobile. Discussion continued and the Aldermen concuned on having the language in the provision not specifically limit automobiles but instead limit the number of each of any one type of item. Motion by Santi, seconded by Peterson to direct Staff to forward a recommendation to full Council changing item (c) in the ordinance to read (c) "Any persons selling or advertising � Community Development Committee Meeting January 22, 2(�13 Page 5 `" for sale an ite m or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed (3) in number, and only one each of any one type of iteln. " Aye: Condon, Santi, Peterson Nay: None. Absent; None. Motion carried. Other Business Chairman Alderman Condon asked if there was any vacant business space to accommodate a Charming Charlie's retail store. Deputy City Administrator Martin stated he approached the Kohl's Shopping Center and Shops at Fox River. He informed the Committee Lane Bryant is moving to Shops at Fox River. Deputy City Administrator Martin informed the Committee: � Buffalo Wild Wings is finishing engineering plans and want to start building in the spring • The Wal-Mart deal that was anticipated has fallen through. • In trying to retain businesses in the City, Staff is trying to work with other businesses to consider expansion rather than moving from the City. • Staff is working with The Room Place, who is looking at the old Borders building. • Deputy City Administrator Martin noted that the Planning and Zoning Commission will be meeting to consider: �" o Home Depot-conditional use permit for outdoor storage and display ; and o Colonial Funeral Home-use variance for a crematorium Chairman Alderman Condon stated the next meeting of the Community Development Committee wil] be on February 26, 2013 at 7:00 p.m. in the Alderman's Conference Room. Topics anticipated for the agenda are: • Consideration of the grass mowing ordinance; • Temporary pools; and • Harboring of animals. Adiournment Motion by Peterson, seconded by Santi to adjourn the meeting at 8:20 p.m. Aye: Condon, Santi, Peterson Nay: None. Absent: None. Motion carried. Respectfully submitted, �, , .���� , � C �.�,�� � � `. Geri Condon, Chairman