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HomeMy WebLinkAboutMinutes - 10/27/2009 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING `- Tuesday, October 27, 2009 Aldermen's Conference Room, 7:00 p.m. In Attendanc��: Committee Members: Chairman Alderman Condon, Alderman Glab and Alderman San:i. Absent: None. Also in Attendance: Deputy City Administrator Martin and Deputy City Clerk Kunzer. Chairman Ald�;rman Condon called the meeting to order at 7:00 p.m. Public Input Session No one spoke �iuring the Public Input Session. ConNnued Discussion: Gara e Sale Ordinance Deputy City Administrator Martin stated revisions had been made to the proposed Garage Sale Ordinance as per the Committee's recommendation from its August meeting. Modifications included the addition of a provision for applicants who would like to rent out space for charitable organizations or other purposes to appear before Council for approval. The revisions also included the addition of fees required to secure a garage sale permit: $3.00 for individuals; $15.00 plus $1.00/participant for neighborhood/subdivision sales. Deputy City Administrator Martin noted the adult merchandise provision has been added as well as the section relating to the sale of food and/or beverages on premises. A Health Department � Permit would be required unless the food/beverages have been exempted under County regulations. Deputy City Administrator Martin sought Committee input regarding the amended ordinance before them for consideration this evening. Alderman Glab requested clarification regarding exemptions to the McHenry County Health Department Permit. Deputy City Administrator Martin responded if food and/or beverage items are pre-packaged and are potentially non-hazardous, no Health Department Permit would be required. Alderman Glab suggested language be inserted in the ordinance stating that if a resident participates in a neighborhood/subdivision sale it would be considered as one of their two garage sales permitted within the calendar year. Deputy City Administrator Martin stated he would make that clarification in the ordinance. Alderman Glab stated he was comfortable with the proposed permit fees. He noted the proposed revisions to the ordinance are good and the ordinance is ready for Council consideration. Alderman Santi stated he is comfortable with the proposed changes including the permit fees as suggested. He i nquired if the proposed language would allow for the sale of items such as candy bars. Deputy City Administrator Martin responded the purpose of garage sales is for residents to � be able to sell surplus property/goods. It is not intended as a retail commercial enterprise. Community Development Committee Meeting �- October 27, 2(�09 Page 2 Chairman Co�idon inquired if the intent of the ordinance is that there can be no sale of food/beverages other than pre-packaged goods. Deputy City Administrator Martin responded the intent is that tlie applicant would be subject to McHenry County Health Department regulations and permitting requirements if the food/beverages were not exempt. He stated if food is the main attraction, the Health Department permitting process should come into play. Some discussion followed regarding at what point the garage sale applicant would be required to contact the Health Department. Service of lemonade, hot dogs or other food as a draw to a garage sale could require Health Department review and approval. It was noted it would be up to the garage sale applicant to secure Health Department permits if necessary. Deputy City Administrator Martin noted the stipulation in the ordinance that the McHenry County Health Department regulations and requirements must be followed would ensure the City has done its part and would relinquish the City from liability if Health Department regulations are not followed by the garage sale permit holder. Chairman Condon, referencing the possible sale of adult merchandise at garage sales, stated the ordinance should state that it is the garage sale permit holder's responsibility to monitor or restrict access to adult merchandise when it is being displayed. � Chairman Condon stated she has some concerns regarding the implementation of garage sale permit fees. She noted she is agreeable to the neighborhood/subdivision fee of $15 plus $1/resident who participates in the sale. She stated she has reservations regarding the $3 fee being assessed to residents for the garage sale permit. Alderman Santi suggested bringing the discussion to the Council level regarding the implementation of the revised garage sale ordinance. He suggested letting Council decide if it is comfortable assessing garage sale permit fees. Alderman Santi also suggested information should be included in the City Newsletter and on the City website regarding the proposed or implemented changes to the garage sale ordinance. Alderman Glab suggested the size of garage sale signs within the subdivision (for directional purposes) be reduced to a maximum of 3 square feet. Discussion followed regarding the pros and cons of limiting the size and height of directional signs and requiring the signs to be removed at the end of the sale versus the end of the sale day. It was the consensus of the Committee to limit the size of internal subdivision directional signs to a maximum area of 3 square feet. The Committee also recommended that subdivision/neighborhood sale entrance signs be limited to a maximum of 4 feet in height and 20 square feet in area. Motion by Santi, seconded by Glab, to direct Staff to present the Garage Sale Ordinance as amended to ('ouncil for consideration. � Community D��velopment Committee Meeting �. October 27, 2C 09 Page 3 Voting Aye: Santi, Glab, Condon. Voting Nay: None. Absent: None. Motion carried. Continued Discussion: Damagin� Proaertv and Graffiti Ordinance Revisions Deputy City Administratar Martin stated the City Attorney reviewed the proposed amendment to the Property Damage and Graffiti Ordinance. The City Attorney made some language revisions and amendments. However, the ordinance is basically the same as that presented to the Committee at its August meeting. Referencing the Committee's concern regarding restitution, Deputy City Administrator Martin stated there is a paragraph which covers the requirement that restitution by the violator shall be made to the property owner. It will not be the City's responsibility to ensure that restitution is made, however. Alderman Glab inquired if it would be the City's responsibility to collect the restitution. Deputy City Administrator Martin stated he would clarify language which would relieve the City of any � liability or culpability to collect restitution. Chairman Condon expressed her concerns regarding providing only two days for a property owner to remove the graffiti. She suggested the ordinance read compliance should be required within seven days of written notification of the graffiti violation. She stated a homeowner might not have the financial means or the time available or have extenuating circumstances which could prevent compliance within two days. Discussion ensued regarding the timeframe for requiring compliance. Deputy City Administratar Martin stated Staff would prefer retaining the two-day compliance requirement following written notification. He noted the ordinance provides that Staff has the leeway to offer an extension during extenuating circumstances. It was the consensus of the Committee to leave the two-day compliance requirement stand. Motion by Glab, seconded by Santi, to recommend that Staff prepare for presentation to Council the revised Property Damage and Graffiti Ordinance as amended. Voting Aye: Santi, Glab, Condon. Voting Nay: None. Absent: None. Motion carried. � Community Development Committee Meeting `-- October 27, 2009 Page 4 Code Enforcement Undate Deputy City Administrator Martin stated a year-to-date summary of code enforcement activities has been provided for Committee review. The document provides a means of performance measurement in order to determine the rate of abatement of various code compliance violations. The document includes the length of time from report of violation to abatement and is broken down into five categories: 1. Dangerous Buildings; 2. Housin�;; 3. Miscellaneous Violations; 4. Nuisance Violations; 5. Zoning Violations. Responding to an inquiry regarding the number of cases which annually go to administrative adjudication, Deputy City Administrator Martin stated that information is available and would be included on the next report. He guestimated approximately two cases per month actually went to administrative �idjudication and through the code hearing process. Deputy City Administrator Martin stated the goal of administrative adjudication is to get � compliance. Offenders are not permitted to pay their tickets or fines until the nuisance is abated. Alderman Glab stated he would like to see comparison reports relative to the number of complaints last year during the same time frame. Deputy City Administrator Martin responded the information is not available from last year as the performance evaluation program was implemented this year. Next year at this time, a comparison report will be available. Alderman Glab opined the number of complaints is most likely up from a year ago due to the worsening state of the economy. Staff Renort Deputy City Administrator Martin noted he would be out of the office Wednesday through Friday this week as he would be attending the ICSC Chicago Deal Making Conference as an exhibitor. He will be contacting developers and store representatives who may be interested in developing and/or relocating a shopping center facility in McHenry. Deputy City Administrator Martin also noted McDonald's on Elm Street will be redeveloping their site. Other Business Alderman Glab suggested the Committee investigate means of tightening up rental property maintenance. He also suggested the Committee investigate ways to fill some of the vacant commercial pronerties in town. � Community Dc�velopment Committee Meeting �... October 27, 2009 Page 5 Alderman Glar suggested the Committee review the criteria in place for drive-up establishments and consider amending them in light of difficulties experienced in some of the newer facilities (i.e. the Dairy(�ueen drive-up). Chairman Condon stated most of the Committee's Goals and Objectives for 2009 were completed. The two that remain are the East Gateway Sub-Area Plan and the Conservation Development c;uidelines. She noted they could be included in the 2010 list of Goals and Objectives. Chairman Alderman Condon announced the next meeting of the Community Development Committee would take place on Tuesday, November 24, 2009 at 7:00 p.m. in the Aldermen's Conference Room. The following items would tentatively be placed on the agenda: � Review of the past year's accomplishments; • Establish Goals and Objectives for 2010; • Establish 2010 meeting schedule; • Ideas for consideration on future Committee agendas. Adiournment Motion by Glab, seconded by Santi, to adjourn the meeting at 8:00 p.m. L Aye: Glab, Santi, Condon. Nay: None. Absent: None. Motion carried. Respectfully submitted, � . � Geri Condon, Chairman �