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Home My WebLink AboutMinutes - 4/29/1998 - Community Development Committee � COMMUNITY DEVELOPMENT COMMITTEE MEETING April 29, 1998 Members Present : Chairman Alderman McClatchey, Alderman Murgatroyd, Alderman Bolger Others Present : Alderman Glab, City Administrator Lobatio, City Clerk Althoff The meeting was called to order by Chairman Alderman McClatchey at 6 : 30 p.m. Chairman McClatchey stated the purpose of the committee meeting is to review the proposed tobacco ordinance, discuss an annexation fee policy and distribute materials relating to possible amendment to the animal control ordinance . Chairman McClatchey noted the committee had been provided a copy of the proposed tobacco ordinance, penalties needed to be established for violations by both minors and retailers . Some discussion followed regarding first time offenders and the availability of community service time or required attendance to a tobacco awareness program. Staff stated their support of said penalties, however expressed concern with the time and expense associated with administering these types of penalties . Staff recommended these alternatives be permitted, however be � administered by the McHenry County Court system and the City' s prosecute . Community Development Director Napolitano suggested the following ordinance language additions : "The following appointed officials of any public school shall have the authority to sign all complaints and charge all violators of this Section that take place on school property: Principal, Assistant Principal and Dean of Students . and Any act c>r omission constituting a violation of any provision of this Sect.ion by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee and such licensee shall be punishable in the same manner as is such act or omission has been done or omitted by the licensee personally. " Some discussion followed regarding retailer responsibility for agents and employees . It was the consensus of the committee to include the proposed language additions as presented. � Community Development Committee Minutes � April 29, 1998 Page Two A lengthy discussion followed regarding the need to hold the licensee responsible for action and omissions of their managers and employees . It was the recommendation of the committee to direct staff to develop appropriate signage to be displayed at the City of McHenry' s parks during major events informing attendees of the new tobacco ordinance and regulations . It was the recommendation of the committee to require all retailers located within the City of McHenry' s corporate limits to apply for and purchase a business license to sell tobacco products if applicable. The license can be suspended and/or revoked in the event of multiple ordinance violations . It was the recommendation of the committee to institute the following penalties : For individuals under 18- First offense $50 Second offense $50 Third offense Court appearance �. For retailers- First offense $100 Second offense $200 Third offense $300 plus an automatic 30 day license suspension Fourth offense Automatic six month license suspension Some discussion followed regarding the penalty structure of the State' s statute for tobacco retailers . Alderman Murgatroyd noted the proposed state statute reflects the following penalties for retailer violations : First offense $250 SPcond offense $500 plus 30 day suspension within 12 month period Third offense $1000 and one year suspension within 12 month period It was also the recommendation of the full committee to include an appeal process within the ordinance for retailers in front of the Mayor and full council . The committee also recommended each retailer violation be reported to the State. � Community Development Committee Minutes � April 29, 1998 Page Thre� After some discussion it was the consensus of the committee to strike the second paragraph of Section 14-37 Number 6 . Vending Machines - Locking Devices . Some discussion followed regarding implementation of the ordinance . Staff noted the City of Crystal Lake issued warning tickets for a period of time prior to fully enforcing their tobacco ordinance. It was the consensus of the committee to issue warning tickets for the next ten days until the ordinance was in full force and effect . Alderman Murgatroyd also requested the word "associated" be inserted in the last paragraph and last full line of Section 14- 37, Number 2 . Annual License Required between the words penalties and with. The sentence will then read " . . . review fines and penalties associated with violating the provisions of this Section. " Motion by Murgatroyd, seconded by Bolger, to recommend to full council the approval and passage of the tobacco ordinance as presented with the following penalties : for minors : First offense $50 . 00 `.. Second offense $50 . 00 Third offense Court appearance for retailers First offense $100 . 00 Second offense $200 . 00 Third offense $300 and automatic 30 day license suspension Fourth offense Automatic six month license suspension and the inclusion of the following language "the follewing appointed officials of any public school shall have the authority to sign all complaints and charge all violators of this Section that take place on school property: Principal, Assistant Principal and Dean of Students . and Any act or omission constituting a violation of any provision of this Section by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee and such licensee shall be punishable in the same manner as is such act or omission has been done or omitted by the licensee personally. " and � Community Development Committee Minutes � April 29, 1998 Page Four the inclusion of the word "associated" in the last sentence of the last paragraph of Section 14-37, Number 2 between the words penalties and with. Voting aye : Bolger, McClatchey, Murgatroyd Voting nay: None Absent : None Motion carried. ANNEXATION FEE POLICY Chairperson Alderman McClatchey noted information on annexation fee policies was provided to the committee at the March 11, 1998 committee meeting, however time constraints limited discussion. The committee was directed to make a recommendation to full council on annexation fee requirements for commercial properties . Currently the City of McHenry requires a $1000/acre residential annexation fee and a $500/acre commercial/industrial annexation fee. Typically, council has waived annexation fees for all industrial entities . Annexation fee requirements for commercial properties have been evaluated on a case by case basis . Council had expressed concerns with the inconsistency exhibited with `. regard to commercial properties . Alderman Bolger recommended the continued practice of waiving annexation fees for all industrial properties as these properties added value to the City of McHenry' s overall tax base. The committee concurred. City Attorney McArdle arrived at 7 : 15 p.m. Further discussion followed with regard to annexation fees for commercial properties . City Attorney McArdle suggested waiving fees for all commercial properties providing sales tax revenue to the City ef McHenry. City Administrator Lobaito suggested determination of annexation fee requirements be done at the Executive Review level . Council could notify the Administrator within their written review document of their stance with regard to annexation fees . The committee concurred. Some discussion followed with regard to the annexation fee amount . It was the consensus of the committee the City of McHenry' s annexation fee amount was sufficient . � Community Development Committee Minutes � April 29, 1998 Page Five ANIMAL CONTROL ORDINANCE AMENDMENT Community Director Napolitano distributed copies of surrounding municipalities' animal control ordinances for committee review. It was the consensus of the committee to recommend to full council, staff draft an amended animal control ordinance and send it out for council review and comment . Motion by Murgatroyd, seconded by Bolger to adjourn at 7 :28 p.m. Voting Aye : Bolger, McClatchey, Murgatroyd Voti�g Nay: None Absent : None Motion carried. The meeting was adjourned at 7 : 28 p.m. Respectf�rl submitted, f � �. � `�� - Chairman Alderman F. - cClatchey �