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HomeMy WebLinkAboutMinutes - 6/26/2002 - Community Development Committee COMMUNITY DEVELOPMENT COMMITTEE MEETING Wednesday,June 26,2002 Aldermen Conference Room 3:30 p.m. � In Attendance: Alderman Glab, Alderman Wimmer, Mayor Althoff, Director of Community De�velopment Napolitano, City Clerk Jones, City Administrator Lobaito. Absent: Alderman Low. Also in attendance was Allen Miller of the McHenry Township Fire Protection District(MTFPD)Board. The meeting was called to order by Chairman Alderman Wimmer at 3:40 p.m. Groundwater Protection Ordinance Chairman Winuner invited Director of Community Development Napolitano to address the Committee regarding the first Agenda Item, Groundwater Protection Ordinance regarding the property located at 3610 West Elm Street. Director Napolitano noted the site of Station 1 at 3610 West Elm Stre�t was utilized as a service station in the 1930's. At the time of purchase by the MTFPD in 19f��6, environmental assessments of the property were initiated. Three underground storage tanks were then removed in 1986 with an additional five tanks removed in 1987. Groundwater remediation activities began in 1986. In 1996 remediation activities ceased based upon preliminary approval by the Illinois Environmental Protection Agency (IEPA). The final step in the pracess is for the IEPA to issue a No Further Remediation letter which provides evidence the property poses no threat to human health and the environment. In order for the MTPFD to obtain the No Further Remediation letter, steps must be taken as follows: � 1. Passage of a geographically-limited ordinance that limits the use of groundwater as a potable supply of water on the subject property and the 20-25 properties that lie within the groundwater flow in the vicinity(south and east of the property); or 2. Obtain the agreement of each affected off-site property owner to record an "environmental land use control" on every property's chain of title to provide notice to current and future owners that the groundwater may not be used as a potable water supply. Director Napolitano noted it is Staf�s recommendation to pursue Option 1 as Option 2 is impracticaL He noted a supplemental groundwater ordinance that is geographically-Iimited in scope has been drafted by Staff and is attached for Committee review. Staff supports the adoptian af the ordinance. Mr. Miller stated the only way the IEPA will release and provide the No Further Remediation letter is if the C'ity adopts the proposed ordinance. Motion by Glab, seconded by Wimmer, to direct Staff to forward the draft ordinance to the City Attorney for review; following City Attorney's review to submit the ordinance to full Council for formal action. .�111 Ayes. Motion carried. Mr. Miller thanked the Committee for their consideration and left the meeting. Bulk Water Rates Director of Community Development Napolitana noted the City currently sells water in bulk to �' landscaping ard swimming pool contractors. Water tickets are purchased at the Administrative Offices at a rate of$10 per 2,000 gallons. Current water rates as designa.ted in the Municipal Code are $7.8�� for the first 4,000 gallons and $1.96 for each 1,000 gallons thereafter. Staff has Community Development Committee Meeting �����° Ibf��, 2002 Page 2 �- recommended c;harges for bulk sale of water, which at the current time fall below the regular rate, should be increased as follows: 500 gallons $25 1,000 gallons $50 2,000 gallons $75. Discussion ensued. Alderman Glab suggested enacting the suggested increase in rates with a review every two or three yeazs. Chairman Wimmer suggested the increase in rates was justified and should be reviewed and compared annually to surrounding municipalities. It was Staff's recommendation that a grace period be given to those who currently have water tickets, but tha�: new water tickets of a different color, and that a credit be provided for "old tickets previou�.ly purchased but unused. The new rates would be in effect on August l, 2002. All current holders of water tickets would be notified by Community Development Department Staff in writing of the upcoming rate increase. Motion by Glat�, seconded by Wimmer, to recommend the increase of Bulk Water Sales to full Council as follows: 500 gallons $25 1,000 gallons $50 2,000 gallons $75. All Ayes. Moticin carried. � Municipal Code Amendments Fences— Director Napolitano noted at the June 1S` Council Meeting Alderman Murgatroyd opined corner side yard fence variations should be eliminated. Currently a fence in a corner side yard must be setback at least 15 feet from the property line. It is Staff's recommendation that fencing up to 6 feet in height be allowed in the comer side yard with a minimum setback of 5 feet from the lot line, but only on lots that have abutting rear yards. Alderman Glab expressed concern regarding the large number of fence variance requests and opined ordinances were enacted to serve the betterment and wetfare of the community. After a brief discussion, no consensus was reached by the Committee. It was suggested the matter be bought forth at a future Committee meeting. Burning— Director Napolitano stated Chapter 10, Section 10-20 regulates burning and bonfires in the City. He noted the ordinance requires Council approval of all bonfire permits. However, many times residents are late in seeking a bonfire permit and are not submitted in time for full Council approval. It is Staff's recommendation to amend the ordinance so that Staff could process the requests and issue permits without Council approval. Alderman Glab strongly opposed Staf�'s recommendation. There was no consensus reached by the Gommittee. Chairman Wimmer suggested the matter be brought forth at a future Committee Meeting when the entire Committee was in attendance. \► Inoperable Vehicles— Community Development Committee Meeting �,,�c,� �4a�, 2002 Page 3 �. Director Napol�tano noted Chapter 27, Section 27-1 defines an inoperable vehicle as one which cannot be driven on a public street or highway because it is not in full compliance with all provisions of the Illinois Vehicle Code and all ordinances of the City. The following exceptions are noted in the ordinance: a. A motor vehicle which has been rendered temporazily incapable of being driven under its own power in order to perform ordinary service or repairs; b. Any motor vehicle that is kept within a building when not in use; c. Historic vetEieles over 25 yeazs of age; d. A motor ve!�icle on the premises of a business engaged in the wrecking or junking of motor vehicles. Director Napo itano stated Exception C has posed enforcement problems as there is no qualifying language. In effect, any vehicle more than 25 years old cannot be considered an inoperable vehicle, regardless of whether it is operational. It is Staff's recommendation to eliminate Exception C of the current language. Motion by Glab, seconded by Wimmer, to direct Staff to prepare an ordinance for submission to full Council eliminating Exception C of Chapter 27, Section 27-1 of the City's Municipal Code, defining inoperable vehicles; and adding to Exception A the language "for a period not to exceed seven days". All Ayes. Motion carried. Solicitation Ordinance � Chairman Wimmer stated Council previously directed Staff to review and obtain ardina.nces from surrounding municipalities regarding solicitation. The City Clerk's Office obtained copies of ordinances from surrounding municipalities. City Administrator Lobaito noted on June 17`n the U.S. Supreme Court struck down an Ohio city law requiring anyone going door-to-door to register with authorities and carry a permit. City Attorney McArdle is in the process of determining how this decision will affect McHenry's Solicitation Ordinance. He suggested this item be tabled until the next Community Development Committee Meeting. Dartmoor Bridge Aesthetics Director Napolitano stated Staff is in the process of procuring estimates for the option selected by the Committee. Director Napolitano sa.id the estimates would be obtained within the next week. Information would be made available at the next Community Development Committee Meeting. Annezation of Unincorporated Islands of Land Director Napolitano noted pursuant to the Committee's recommendation, Council directed Mayor Althoff to send letters to owners of property identified as unincorporated islands of Iand within the City limits. The deadline for response was June 1, 2002. Most responses received were negative and indicated a desire that the properties remain unincorporated. Mayor Althoff and Director Napolitano will be meeting to discuss the responses and develop a strategy for proceeding. This matter will be discussed at the next Community Development Committee Meeting. `" Lot Coverage Director Napolitano informed the Committee Staff has obtained some examples of lot coverage and developed percentages to consider. In developing parameters for the survey, Staff has taken Community Development Committee Meeting ��+�� A4a3r-3�, 20Q2 Page 4 �- ten random ad��resses in each single family zoning district and is in the process of calculating existing lot caverage. Lot coverage included all impermeable surfaces. A brief discussion followed. Aldc�rman Glab opined all coverage, including decks and sidewalks, shouid be included in the survey. Director Napolitano stated the survey will be completed by the ne� Community Development Committee Meeting. Restaurant Parking Direct�r Napolitano stated the Committee had previously requested Staff research and provide information regazding the parking and drive-in stacking ordinance, specifically as it relates to restaurants. The Committee had requested information be provided that indicated the number of spaces calculated using seating capacity versus square footage as required by the existing parking ordinance. Alderman Glab e�ressed concern with reduction of parking spaces and requested the matter be brought back te full Committee. Chairman Wimmer concurred. New Business Alderman Glab requested Staff look into an ordinance dealing with driveways and driveway extensions. Director Napolitano will draft an ordinance and return to the Committee for further discussion andlor a recommendation to Council It was the consensus of the Committee to direct Staff to accumulate data and present � examples of seating capacity versus square footage at the next Community Development Committee meeting. Adjournment Motion by Glah, seconded by Wimmer, to adjourn the meeting at 5:05 p.m. Voting Aye: Glab, Wimmer. Voting Nay: None. Absent: Low. Motion carried. Respectfully submitted, !'f lU` %�..�- Ric ard W. Wimmer, Chairman L