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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. � 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. �. 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. � c Frank McClatchey, Chairperson � �