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HomeMy WebLinkAboutMinutes - 8/24/2010 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING �.. Tuesday,August 24, 2010 Aldermen's Conference Room, 7 p.m. In Attendance: Chairman Alderman Condon, Alderman Santi, Alderman Peterson. Staff in Attend<<nce: Deputy City Administrator Martin, Deputy Clerk Kunzer Also in Attendance: Dave Miller, 1208 N Riverside Drive, McHenry Debra 1�'[cClaughery, 5320 W Highland Drive, McHenry. Chairman Aldennan Condon called the meeting to order at 7 p.m. Public Innut Session There was no one in attendance who wished to comment during the Public Input Session. Discussion: Snow Removal Deputy City Administrator Martin stated the City's Municipal Code currently requires owners or occupants of all property facing on or abutting sidewalks, to remove from any existing sidewalk abutting their property all accumulations of snow and ice within 24 hours after the accumulation began. He noted the ordinance has not been enforced due to the large job it would entail. There � are numerous businesses and residents who do not comply with the ordinance. In addition, residential property owners are protected by State Statute from liability after shoveling their public walk. Commercial property owners have no such protection. The City also faces liability once the snow has been shoveled as it is not protected by Statute. Deputy City Aciministrator Martin noted in addition to the liability issue, enforcement is a major problem He suggested if City Staff wrote all offenders a citation, Staff would be inundated with administrative paper work. He noted other communities face the same issue, although local government has tort immunity in many cases. Deputy City Administrator Martin stated with regard to the downtown area, many business owners do not shovel the public walks. He suggested one possible means of addressing the issue is to organize the downtown areas to have someone clear the walks and have the business owners pay them to have it done. But, again, there would be liability for the person shoveling the walks. It also appears to be inequitable to enforce the ordinance with regard to residential sidewalks (whose owners are exempt from liability), but to avoid enforcing it in the commercial district (whose owners are not exempt from liability). Following mucli discussion and debate, Staff is of the opinion the section requiring the removal of snow and ic� deposits from City walks be deleted from the Municipal Code as it cannot be equitably enforced. �.. Community Develop rent Committee Meeting August 24,2010 Page 2 � Chairman Concion inquired why the State only provides residential property owners with an exemption frorr liability following shoveling of the public walks. Ms. McClaughe�ry stated it is a State Statute that business property owners are now exempt from liability. Both ("hairman Condon and Deputy City Administrator Martin responded the revision to the Statute eh empting commercial property owners from liability has not been enacted yet. Alderman Peterson stated his office is located in Whispering Point Center and the Center's maintenance association provides for the removal of snow from sidewalks within the Center, but not from the si�iewalks along Hanley and Crystal Lake Road. Snow is not removed from those walks. He noteci many times kids have to walk in the street to and from school at West Campus because the sidewalks have not been cleared. He noted if a third party business owner clears the walks, the liabil ity would be theirs. Mr. Miller stated that what Alderman Peterson is suggesting is that it is up to the property owner to get the walks cleared. Chairman Condon stated she understands the City has an enforcement issue. She suggested it would be a nightmare if the City chooses to enforce the ordinance only in certain areas that it believes need to be cleared, i.e. Green Street, Riverside, Drive, Main Street, etc. Alderman Santi stated this issue is like opening a can of worms. Is it the property owner or the business owners leasing the space who should be responsible for making sure the walk is �-' cleared? He noted in many cases businesses clean only their lots and internal walkways, but do not clear the public walks abutting City streets. Alderman Santi stated he would like to have something in the ordinance requiring cleared sidewalks, but it may be too huge of an obstacle to overcome. It is a difficult issue. The City should not be playing favorites as to which businesses or residents should be required to clear the public walks while others do not have to follow the ordinance. Alderman Santi noted there needs to be a resolution to the issue but he is not sure how it can be resolved. Alderman Peterson suggested the Downtown Business Association should be able to handle the clearing of the downtown walkways. They should be able to work it out among themselves. A lengthy discussion ensued regarding the issue of clearing the public walks and whether or not the ordinance sliould remain in the City's Municipal Code. Alderman Peterson stated he would like to encoura�;e residents and businesses to continue to clear the public walks by leaving the ordinance in place. Mr. Miller inquired what happens when someone is injured when they have to walk in the roadway, such as Route 120, because sidewalks have not been cleared.Mr. Miller stated it is an ambiguous term. To state that it is not possible to equitably enforce the ordinance if the snow/ice removal requirement remains in place is not a solution to the problem. By keeping the ordinance on the books, it may encourage others to shovel snow from the walks. He further suggested by writing tickets the City could help the problem and it could eventually take care of itself. He � Community Develop•nent Committee Meeting August 24,2010 Page 3 � suggested the C'ity increase the fine for noncompliance in order to make it worthwhile to have people follow tYie ordinance. Ms. McGlaughc�ry stated she belongs to RABA and for many years there have been businesses which do not w ant to participate in the organization. There are several that do not shovel their walks. Mr. Miller noted he is extremely frustrated. If someone does not clear their walk and he falls he stated he would sue. Ms. McGlaughf;ry stated there was language included in her lease requiring her to shovel her walk. Mr. Miller stated it should be the tenant's responsibility to clear the walkways. Chairman Condon stated she does not disagree with the sentiments expressed. However, it is impossible to make people do the right thing. She expressed concern that nothing would happen unless the ordinance is somehow enforceable. She noted the City is at a barebones staffing level and logistically it would be impossible to enforce this ordinance. Mr. Miller suggested a stiff fine be imposed and that the matter could go through the City's new administrative adjudication process to be resolved. He noted if people find it impossible to move from store to store due to the impassibility of the walks, the City sill lose sales tax revenue. Alderman Peterson stated snow is an act of God and snow removal has become less common. He �-- is not sure why this is true. He suggested it could be laziness, fear of a lawsuit—he is not sure. It comes down to a legal question—what can the City legally do to enforce the ordinance. Chairman Condon inquired if Mr. Miller had contacted local legislators. Mr. Miller responded in the negative. Alderman Condon stated she would be more comfortable requiring enforcement if the State Statutes would indemnify commercial businesses as well as private homeowners. She suggested that might be something Mr. Miller would like to pursue. Alderman Peterson reiterated he is not in favor of completely doing away with the ordinance requiring clearing of public walkways. Alderman Santi inquired if there was any way to have an ordinance in place with teeth in it so that it could be cnforced? Chairman Concion suggested leaving the current ordinance in place for one year. If an unshovelled walk is brought to Staff s attention, it should be tracked, with a notice, then a warning and fiiially a ticket being issued. She requested a log be maintained of all snow on sidewalk complaints received and include action taken with the ultimate resolution/action. She stated it is important to determine the amount of Staff time utilized in tracking the violations. In this way the co�nmittee would have additional information which could be used to evaluate the ordinance in one year's time. She noted this would be a complaint-driven enforcement. � Community Developrnent Committee Meeting August 24,2010 Page 4 � Chairman Concon requested a motion from the floor to direct Staff to enforce the current ordinance on a complaint-driven basis for one year subject to Staff maintaining a log of all complaints rece ived including all follow-up action, with the matter to be reviewed next spring. The evaluation in the spring would include all Staff man-hours used to log and enforce the ordinance. Motion by Santi, seconded by Peterson, to direct Staff to enforce the current snow removal from public walkway� ordinance on a complaint-driven basis for one year subject to Staff maintaining a log of all corriplaints received including all follow-up action, with the matter to be reviewed next spring. Th:, evaluation in the spring would include all Staff man-hours used to log and enforce the ordi�iance. Voting Aye: Santi, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Continued Discussion: Drive-In Establishments Deputy City Administrator Martin noted at the last committee meeting discussion occurred regarding basic guidelines being established to assist in the review of drive-in facilities when they come befare the City for consideration and approval. Following much discussion, the committee chose not to amend the Zoning Ordinance with regard to drive-in establishments. Instead, Staff was directed to create a handout which could be provided to businesses who were � considering adding a drive-in facility to their establishment. Staff has prepared a proposed handout which is presented to the committee for consideration this evening. Chairman Condon noted the guidelines did not include a provision for an escape lane and requested this be added. Alderman Santi concurred. Alderman Santi inquired if there is a minimum legal turning radius required for emergency vehicles. Deputy City Administrator Martin responded noting the Fire District verifies the site plan is acceptable by using a wheel base diagram overlay on the site plan to ensure all of its vehicles would be able to maneuver on the site. It was the consensus of the committee to approve the use of the proposed Drive-In Establishment Guidelines as prepared by Staff subject to the inclusion of a provision for an escape lane. Continued Discussion: Temaorary Uses Deputy City Acministrator Martin stated the committee at its May meeting discussed at length proposed amenciments to the temporary use permit regulations in the City's Zoning Ordinance. The committee directed Staff to create a more detailed temporary use permit application and bring it to the committee for consideration. Based on the committee's discussion, Staff created a new Temporary Use Permit Application Form and Regulations. Staff is seeking a referral to City Council for a recommendation to send this matter to the Planning and Zoning Commission for public hearing. � Community Developinent Committee Meeting August 24,2010 Page 5 � Chairman Condon requested the words "if applicable" be added to Remote Parking/Shuttle Plan submittal requir�ment. Motion by Santi, seconded by Peterson, to refer the proposed amendments to the Zoning Ordinance relat ing to Temporary Use Permits, including a revised Temporary Use Permit Application anr. Requirements, for a recommendation to send the matter to the Planning and Zoning Commi�sion for public hearing. Voting Aye: Santi, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Discussion: Setbacks for Residential Gara�es Deputy City Administrator Martin stated one of the committee's items for consideration this year included the setbacks of residential garages. The goal includes an attempt to allow more space for tandem parking of vehicles in residential driveways. It was suggested if the setbacks were increased it would leave more room for tandem parking of vehicles. Current driveway regulations limit the driveway width in accordance with the garage width. Deputy City Administrator Martin noted in order to be able to park two vehicles in tandem the setback would have to be increased from 30 feet to 38 feet. However, if this were done it would likely result in: �-' 1. People parking three vehicles tandem instead of two, and the vehicles would probably still overlap on the sidewalk and/or roadway; 2. The creation of an influx of pre-existing non-conformities as all existing properties would likely be non-conforming due to the setback requirements in place when their properties were de��eloped; 3. A drastic impact on the design of storm water infrastructure and management. Deputy City Aciministrator Martin noted the committee could look at increasing the driveway width as a more flexible and better option than increasing the front yard setback. He noted pushing houses further back on the property may have more of an impact overall on the City than would be desired. The better option might be to expand the allowable driveway width. Other communities offer no consistency in how they deal with the tandem parking issue. If the committee opts to allow an expansion of driveway width, there needs to be discussion and concurrence in the parameters of expansion. Chairman Condon noted this matter was included in the 2010 Goals and Objectives at Alderman Glab's request. She stated she wished he were present for the discussion so that he could provide input. She stated in her opinion it might be best to do neither option. However, if the committee chooses to disciiss expanding driveway width, she would encourage that like material be utilized to expand an existing driveway. Alderman Santi concurred that use of the same material in expanding a driveway would be `— preferable. He c�pined he does not want to do anything to change the appearance in front of the Community Developr�ent Committee Meeting August 24,2010 Page 6 house, however. He stated he would prefer to have any driveway expansions be done in the side `' yard using the s�ime material as the original driveway. Alderman Peter�on stated he liked the idea of extending the width of a driveway provided like materials are used. He expressed concern regarding the increase in impermeable surface, however. Chairman Condon stated there currently exists a means of increasing the driveway width by means of seekin�and granting a minor variance from the provisions of the Zoning Ordinance. Alderman Peterr;on inquired if abutting neighbors would be notified in the event a variance was being sought. Deputy City Administrator Martin responded in the affirmative stating all abutting property owners must be notified of a request for variance before the Planning and Zoning Commission conducts a public hearing regarding the matter. He noted currently anyone requesting a dri�-eway expansion has the option of seeking a minor variance. It was the consensus of the committee to leave the setback regulations and driveway dimensions in the Zoning Ordinance as is at this time. Other Business Deputy City Administrator Martin provided the committee with updates on the following: 1. Tommy's Transfer Station development on Front Street; 2. Gerstad Property development of individual senior apartments on Front Street by �-- Lutheran Services; 3. McDonalds on Elm Street will be rebuilt within 90 days; 4. Party City will be locating in Shops on the Fox River; 5. TJ Maxx is anticipating an October l st opening; 6. The orthodontist abruptly left the Kohl's Outlot; 7. Panda Express is viewing potential sites in town; 8. Sonic has made an offer on a site in McHenry; 9. Elgin Health Clinic is looking at a site in Professional Plaza Subdivision; 10. Centegra is constructing a Lab addition; 11. Gary La1ig has submitted for building permit for his new building; 12. Sunrise ]�iquor is considering removing their building and reconstructing their facility on the site; 13. Goodwill is considering a facility in the former pominick's. Chairman Condon noted the next meeting is scheduled for October 24th with the following tentative agenda items: 1. Update on code compliance; 2. Main Street Revitalization discussion; 3. Small business incentives � Community Develo�iment Committee Meeting August 24,2010 Page 7 � Adiournment Motion by Pete�rson, seconded by Santi, to adjourn the meeting at 8:21 p.m. Voting Aye: Santi, Peterson, Condon. Voting Nay: None. Absent: I�1one. Motion carried. The meeting was adjourned at 8:21 p.m. Respectfully submitted, f�� Geri A. Condon, Chairman � \...