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HomeMy WebLinkAboutMinutes - 7/13/1993 - Community Development Committee COMMITTEE REPORT MINUTES - BUILDING & ZONING COMMITTEE MEETING � JULY 13, 1993 The Building & Zoning Committee met in the Aldermen's Conference Room at 7:00 p.m. Building & Zoning Committee members present: Chairman Baird, Alderman Bolger and Alderman Bates. Also present were Director of Building & Zoning Lobaito, Director of Public Works Batt, Mayor Cuda, and Alderman Locke. Topics of discussion: 1. Soil Erosion Control Ordinance Director Batt was in attendance to discuss this topic with the Committee. Batt basically stated that the new model of the Soil Erosion and Sedimentation Control Ordinance recommended by NIPC was just an upgrade with new language. The major changes applied to City Engineers and how to review plan submittals. It gives them a better direction for review. Provisions of the new model would be applied when necessary�. The City was not asking for anything out of the ordinary. Major contractors and developers already provide for this, such as the erection of filter fabric to prevent soil erosion at the new Target site and the Hemphill site on McCullom Lake � Road. It's typically for land undergoing construction in urban areas. Chairman Baird asked everyone to turn to Section 28.4, paragraph 1, Exceptions to permit requirement. Baird feels that reducing this requirement to 1 acre would be beneficial. Lobaito and Batt both agreed that the B&Z and�PW Depts. do not have the staff or the time to accommodate the increase in permits that a 21h acre reduction in lot size would cause. They both agreed that the 21/z acre requirement is sufficient. Lobaito asked everyone to understand that the 2'fz acre requirement just means that anything below that does not require a permit, they still must follow the spirit of the ordinance, especially lots backing up to streams or rivers. Chairman Baird read paragraph three, page two, from the McCullom Lake Restoration and Protection Plan Studv which refers to the City of McHenry's ordinance closely resembling the NIPC model ordinance maintaining good enforcement authority and maintenance requirements concerning water quality and environmental impacts. Alderman Bolger then asked the Committee to turn to page two of the McCullom Lake Study, section 401.2. Bolger recommended removing the word "wetlands" since there usually is not much construction around these areas. Chairman Baird stated he preferred the word "wetlands" remain in the description to protect these areas against contamination. Batt agreed and stated that the EPA is concerned and it probably would be a good idea to include it in the new ordinance. � � Building and Zoning Committee Meeting July 13, 1993 Page 2 � Committee Recommendation: To recommend the City Council adopt the changes suggested by the Northeastern Illinois Planning Commission model ordinance, howe��er, excluding single lots one acre and less from the permitting requirement; although these lots would still have to comply with the requirements of the ordinance. 2. Enforcement of Building and Zoning Regulations Director Lobaito began the discussion with a brief overview of how this enforcement is currently handled. He told the Committee that usually the average homeowner is not aware that they are violating any ordinances. The Building and Zoning representative will always try to work with the resident to find a solution. If this does not work, or if the resident refuses to comply, a formal notice (Ordinance Correction Notice) would be sent to the resident's home. This usually gives the resident ample time to comply. If this does not work, then the City Attorney is notified and asked to send a letter. This tactic has not always been effective. If the resident has not responded to the department's letter, then they usually handle the City Attorney's letter as just another piece of mail. Lobaito went on to explain just how costly this routine can be to the City. Asking the City Attorney to intervene results in costly `-- legal fees to the City when most of.these violations can be handled with simply a violation ticket or "P-Ticket". The Committee members were asked to turn to section two of their packets which displayed an example of a "P-Ticket" currently used in Harvard. A copy of Harvard's ordinance arid settlement of offenses was also included. Lobaito explained to the Committee that he would like the City to implement a routine whereby the Director of Building and Zoning or the Code Enforcement Officer would have the authority to issue "tickets" to residents in ordinance violation situations when they would not comply. The department would first notify the resident or contractor of the violation. If they did not comply, a "ticket" would be issued. The resident would then have to correct the situation and pay a fine, or go to court and argue the case. Lobaito informed the Committee that any major violation requiring more extreme measures would, of course, first go to Council. Also attached in this packet is a list of all minor violations that would be included in the Settlement Of Offense ordinance. Chronic repeat violations will be ticketed at the discretion of Director Lobaito. Mayor Cuda asked Director Lobaito which attorney he planned to utilize when the resident with a "ticket" goes to court. Lobaito thought that City Traffic Attorney would be used. Cuda expressed to the Committee that he felt Attorney Reilly's office was already being used more than expected and there may be a problem with attorney `- fees. ' Building and Zoning Committee Meeting July 13, 1993 Page 3 � Committee Recommendation: Place a draft of the proposed ordinance on the Council Agenda for review. Lobaito will work with Attorney McArdle and Mayor Cuda to resolve the attorney issue. 3. Building Permit Fees Director Lobaito asked everyone to turn to section three of the Committee Meeting packets. Enclosed is a residential and commercial building permit fee comparison, expense and revenue information, and background information on past agendas concerning this topic. Lobaito stated that it was a question of how much of the Building and Zoning Department does the City wish to fund through building permit fees. Currently 31% of the department expenses are funded by permit fees. Mayor Cuda mentioned that the total price of building fees is considerably higher than most surrounding communities. Lobaito pointed out that this was due to the high contribution fees. Alderman Bates stated that even though we are high now, other communities will soon follow suite, and he felt that raising permit fees would not stop businesses from coming to McHenry. Therefore, he would be in favor of some sort L-- of increase. Alderman Bolger wanted to let the Committee know that he felt the City should either raise permit fees or impact fees, not both. . Alderman Locke asked Lobaito if the current fee proposal would stop the B&Z department from running in the red. Lobaito said no. Locke then asked Lobaito to find out how much of an increase was necessary to fund the department in the black. Alderman Baird wondered whether the new resident should be funding the increase as opposed to the existing taxpayer. Baird did agree that the fees for commercial permits were very low and there should be a modest increase. Lobaito discussed the fact that the City currently hires a licensed plumbing inspector as a consultant to do commercial plumbing inspections only. However, it is a state requirement that this be done for both commercial and residential buildings. The Committee discussed the idea of getting bids for a state licensed plumber that could go out and do all commercial and residential plumbing inspections. Lobaito told the Committee that there are generally three plumbing inspections for new single family homes. The current plumbing inspector charges $15.00 for inspection for residential and $30.00 for commercial. �-- The Committee asked what happens when someone is not ready or an inspection does not pass the first time. Building and 7oning Committee Meeting July 13, 1993 Page 5 , � 6. Beautification of Route 120 Alderman Locke requested this be on the agenda. He would like to see trees planted on Green Street and along Elm Street. He stated that something should be done to beautify the entrance into the City. Committee Recommendation: To consider Alderman Locke's request. Meeting was adjourned at 9:45 p.m. `.. - Chairman William Baird \mmg L�