HomeMy WebLinkAboutMinutes - 11/3/1999 - Community Development Committee COMMUNITY DEVELOPMENT MEETING
�.. MINUTES
November 3, 1999
Chairperson Alderman McClatchey called the meeting to order at 6:30
p.m. in tr:e Aldermen's Conference Room at the McHenry Municipal
Center.
Members present were Alderman Bolger and Alderman Glab.
Others Present: City Administrator Lobaito, City Clerk Althoff,
Commun�.ty Development Director Napolitano, City Attorney McArdle and
Assistant Administrator Maxeiner
Residents in Attendance: Doris Wagner-Benning, Victor Benning, Doug
Skrzypinski, Tom Thorriton, Mike Salkas and Diane Kinder.
Community Development Chairperson Alderman McClatchey opened the
Community Development Committee Meeting at 6:30 p.m. noting the
agenda for this evening's meeting includes discussion and consideration
of occupancy limits, liquor license classifications and annual building
permit limitations.
� OCCUPANCY LIMITS/MUNICIPAL CODE DEFI1�iiITION OF �P'AMILY"
Chairperson McClatchey noted over the past year the Cornmunity
Development Department has received numerous complaints of alleged
overcrowding in single family dwellings as well as multifamily units. He
cited the specific instance in Garden Quarters where twenty-five
individuals were found residing in one apartment unit. Overcrowding is
a significant safety and sanitation issue. Several McHenry County
municipalities ha�e also recently addressed this issue. Alderman Bolger
noted the problem was most apparent in rental properties with absentee
landlords living outside the community.
Community Development Director Napolitano noted a review of current
City of McHenry ordinances reveals the need to amend the definition of
family and adopt a current property maintenance code within the Zoning
ordinance. Occupancy requirements are typically addressed in these two
areas.
Staff is recommending the committee recommend to full council the
adoption of the 1998 International Properiy Maintenance Code as the
Code provides minimum square footage requirements per occupant for
sleeping areas which is considered an appropriate manner in which to
�-- address overcrowding.
Community Development Minutes
� November 3, 1999
Page �vo
Committee members cautioned staff to investigate any potential conflicts
with existing City of McHenry codes before any formal action was
recommended to adopt the Property Maintenance Code.
Some discussion followed regarding the apparent difficulties of enforcing
ordinances regulating occupancy. Community Development Director
Napolitano noted regular departmental work hours were not conducive
for ordinance violation discovery. In addition, if dwelling access is
granted it is difficult to determine the number of people who actually
reside at 1;he dwelling. Sometimes the number of beds, pillows and cots
can be counted, however this does not work in all instances. Obtaining
access is also difficult, as the resident must grant access.
In response to Chairperson Alderman McClatchey's suggestion, Director
Napolitano stated assistance from the Police Department would be
sought. Patrol off'icers can note excessive numbers of cars during
evening hours and check license plate registration information.
The committee suggested staff work with individuals permitting
�- overcrowding. The committee recommended a reasonable relocation
grace period be granted. In response to comrnittee inquiry, City
Administrator Lobaito noted if access is denied a signed formal complaint
must be filed. A court appearance is scheduled and if appropriate a
court order authorizing access is obtained.
City attorney McArdle stressed the importance of providing the
appropriate tools to the enforcing officers. Redefining "family" and
adopting the Property Maintenance Code would meet the requirement.
Alderman Bolger concurred noting most property owners are cooperative.
City Attorney McArdle suggested language be included in the ordinance
holding the property owner responsible for occupancy violations. He
recommended fines be imposed in addition to attorney fees.
Alderman Glab suggested the ordinance adopting the Property
Maintenance Code include language stating whenever any existing
ordinance or parts of existing ordinances are in conflict the more
restrictive ordinance shall apply.
City Administrator Lobaito provided a synopsis of the violation process
noting a 30-day compliance period was originally provided. Alderman
Glab suggested the initiation of a five to seven day written response
�— requirement. Further discussion followed.
Community Development Minutes
L. November 3, 1999
Page Thre�e
Chairperson Alderman McClatchey opened the floor to audience
comment. Several residents from Silbury Court addressed the committee
regarding a specific problem on their block. Citing safety concerns,
neighborhood social accountability, and health issues these residents
requested occupancy violations be enforced and the committee
recommend occupancy ordinances become more restrictive.
In response to audience inquiry, City Administrator Loba.ito noted this
issue would appear before full council for consideration sometime in
early DecPmb�r. The ordinance is not enforceable until ten days after
passage.
Motion by Glab, seconded by Bolger to recommend to full council the
drafting of an ordinance revising the current City of McHenry zoning
ordinance definition of"family" and adopting the 1998 International
Property Maintenance Code subject to review by the Community
Development Department for potential conflict with existing ordinances.
Voting Aye: Bolger, Glab, McClatchey
� Voting Nay: None
Absent: None
Motion carried.
LIOUOR LICENBE
Community Development Director Napolitano stated as per council
direction the different classes of liquor licenses and associated fees were
to be reviewed by the Community Development Committee, specifically
Class A and Class F licenses. A Class F license permits the sale of retail
alcoholic liquors in packages only, with no consumption on the premises.
The license fee is $1,100 annually. Class F licenses are issued to liquor
stores and grocery stores that sell alcoholic beverages. Previous council
discussion noted the same license and fee were applicable to both a
business that devotes only a small area of its retail store to alcohol sales
and those retailers that sell alcohol beverages only, ie: Sullivan's Grocery
Store and Armanetti's Liquor Store.
It was staff s recommendation to divide the Class F license into two
categories. Category F-1 would permit the sale of retail alcoholic liquors
where the principal source of sales for an entity is of commodities other
`-- than alcoholic liquor. The annual license fee would be $700.
Community Development Minutes
� Novembe�- 3, 1999
Page Fou r
Category F-2 would permit the sale of retail alcoholic liquors in packages
for consumption off premises where the principal source of sales is
alcoholic liquor. The annual fee for such license would be $1,100.
Some discussion followed regarding the measurement factor to determine
"primaty" or "principal" sales, ie: liquor sales vs. other merchandise.
Measurement calculations included square footage and total retail sales
percentages. F�,irther discussion occurred regarding the annual license
fee for the� Category F-1 license. It was the consensus of the committee
to raise the annual license fee for a Category F-1 license to $800/year.
�.irther discussion followed regarding Class A liquor license. A Class A
liquor license permits the sale of retail alcoholic liquors for consumption
on the premises as well as the sale of retail packaged liquors. Class A
licenses axe issued to taverns and bars as well as restaurants with bars.
Previous council discussion noted a Class A license allows taverns and
bars to sell packaged liquors for consumption off premise. Staff is
recommending the Class A license be divided into two categories, similar
to the Class F recommendation. Category A-1 would permit the sale of
� alcoholic liquors for consumption on premises or packaged liquor sales
for off-site consumption. Category A-2 would permit only the sale of
alcaholic liquors for consumption on premises. A lengthy discussion
followed. It was the consensus of the committee to take no action and
retain the current Class A liquor license parameters.
Motion by Bolger, seconded by Glab, to recommend to full council the
creation of two categories of Class F liquor licenses,
Class F-1 which permits the sale of retail alcoholic liquors in
packages only for consumption off premises where the principal source of
sales for said premises is alcoholic liquor with an annual license fee of
$1,100 and a
Class F-2 which permits the sale of retail alcoholic liquors in
packages only for consumption off the premises, where the principal
source of sales for said premises is of inerchandise and commodities
other than alcoholic liquor with an annual license fee of$800
effective with the liquor license renewal process May 1, 2000.
Voting Aye: Bolger, Glab, McClatchey
Voting Nay: None
Absent: None
Motion carried.
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Comrnunity Development Minutes
�. November 3, 1999
Page Five
GROWTH MANAGEMENT
Community Development Director Napolitano reported previous council
discussion directed the Community Development Committee to consider
limiting the number of building permits issued by the City of McHenry
each calendar year. The City of McHenry issued 165 permits for new
single-farnily homes in 1998. This was a significant increase over the
five-year average. Community Development Director Napolitano also
noted through September 30tr' of this calendar year the City of McHenry
issued 146 single-family building permits.
Director Napolitano noted growth management can be defined as a
measured attempt to guide the type, location and rate of developrnent in
order to enhance the quality and character of a city. Key concepts to this
philosophy include
New development should pay for itself and
infrastucture should be in place to accommodate all new growth.
�. The City of McHenry is making efforts to manage growth through
increase of operation and impact fees as well as through review and
increase of capital development fees and automatic annual Consumer
Price Index increases.
A lengthy discussion followed. A review of the City of McHenry's building
permit activity for the past ten years was conducted. Alderman Bolger
suggested the permissible standard be calculated by taking the average
of the total number of building permits issued for the most active three
years from 1990 through 1999. City Administrator Lobaito noted any
limitation would be restricted to new residential annexations. In an
effort to be consistent and reasonable with each developer, limitations
should be made on each phase of residential developments not an overall
citywide limiting total for the calendar year.
Some discussion followed regarding the use of a percenta.ge or specified
number for permit issuance limitations. The committee considered
excluding a11 E-estate zoning from any policy or ordinance limiting the
number of building permits issued per year and/or per developmental
phase.
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Community Development Minutes
�. November 3, 1999
Page Six
The com�nittee directed staff to investigate this issue further, specifically
any legal restrictions as well as examples of other municipal policies
regardin�; building permit issuance limitations.
Motion b,y Bol�er, seconded by Glab to adjourn the meeting at 7:28 p.m.
Voting Aye: Bolger, Giab, McClatchey
Voting Nay: None
Absent: None
Motion carried.
The meeting was adjourned at 7:28 p.m.
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Frank McClatchey, Chairperson
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