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HomeMy WebLinkAboutMinutes - 07/11/2016 - Community Development Committee (3)COMMUNITY DEVELOPMENT COMMITTEE MEETING REPORT July 11, 2016 McHenry Municipal Center In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson and Alderman Santi. Absent: None. Also in Attendance: Commander Walsh, Director of Community Development Polerecky and City Clerk Jones. 1. Call to Order: Chairman Alderman Condon called the meeting to order at 7:01 pm. 2. Public Input: None. 3. Motion to approve the May 9, 2016 Community Development Committee Meeting Report Motion by Peterson, second by Santi, approving the May 9, 2016 Community Development Committee Meeting Report. Voting Aye: Condon, Peterson, Santi Voting Nay: None Absent: None Motion carried. 4. Discussion of Administrative Adjudication Process Director of Community Development Polerecky informed the Committee that Staff has performed a formal review of the adjudication process in order to ensure the most efficient methods and processes are being implemented. He stated that during the process, Staff met with all employees, separately and as a group, that are part of the adjudication process. Director Polerecky reiterated to the Committee that the administrative adjudication process was initiated approximately six years ago. Overall, during that time the process has been working as intended. However, one area (parking tickets) has been identified as requiring modification. Currently the structure for parking tickets allows for 30-days to pay the initial parking ticket, then an additional 30-days at an increased amount. If the ticket remains unpaid through the 60- day period an adjudication appearance is mandatory. There are a significant number of offenders that do not appear for their mandated adjudication date. Director Polerecky noted that at the last adjudication session there were 31 no shows. Staff recommends shortening the time allowed to pay tickets and higher penalties after 30 days, in an effort to achieve greater compliance. Staff is gathering information from surrounding communities that also hold adjudication court to ascertain the best method to implement. Once a new process has been identified Staff will bring it before the Community Development Committee for a recommendation and ultimately, if approved, a request for an Ordinance amendment at Council level. Staff intends to review the proposed changes with the City Attorney Community Development Committee Meeting Report July 11, 2016 Page 2 and the Adjudication Law Judge. Director Polerecky provided the Committee with the following list of offenses under review, the current penalty and the suggested penalty after 30 days following the violation. Violation Current Penalty (w/i 30- days) Proposed Penalty (after 30- days) Vehicle Sticker $25.00 $50.00 No Parking Anytime $25.00 $50.00 Overtime Parking $25.00 $50.00 Loading Zone $25.00 $50.00 School Bus Loading Zone $25.00 $50.00 15-minute Parking Zone $25.00 $50.00 Parking, Fire Lane $100000 $200.00 Parking, Disabilities $250.00 $500900 Parking, Fire Hydrant $100000 $200.00 Any other parking violation $25.00 $50.00 Chairman Alderman Condon stated that the reason she suggested a review of the adjudication process is because while attending an adjudication session she noticed a significant number of continuances. Alderman Condon opined that she feels strongly that if a continuance is provided to an offender the additional fee should encourage the individual to make an appearance. Alderman Condon stated that she would support a $50.00 fee for each occasion that an offender does not appear on the designated date. Director Polerecky assured the Committee that there would not be any further continuances in adjudication for parking ticket related offenses. Director Polerecky informed the Committee that he would be speaking with the City Attorney and the Adjudication Judge regarding the implementation and legality of the proposed fines. Chairman Alderman Condon inquired about the annual review process concerning the Adjudication Judge. Alderman Condon suggested it would be prudent for Staff members to participate in the review process of the Adjudication Judge. Director Polerecky informed the Committee that he has spoken with the Manager of Human Resources and the matter is being researched. Responding to Alderman Condon's inquiry regarding a timeframe, Director Polerecky informed the Committee that a process should be in place by the end of 2016. He stated he would keep the Committee informed regarding the progress of the review process. Responding to an inquiry from Alderman Santi regarding whether fines can be paid online, Commander Walsh informed the Committee that the website was just installed to enable fines to be paid online. Motion by Santi, second by Peterson, directing Staff to move forward with the modifications to the adjudication process and fines, changing the due dates for paying tickets from 30-days to 60- Community Development Committee Meeting Report July 11, 2016 Page 3 days and from 10-days to 20-days, prior to an increase in the fine and initiation of adjudication procedures. Voting Aye: Voting Nay: Absent: Motion carried. Condon, Peterson, Santi None None 5. Discussion Regarding Proposed Revisions to the City of McHenry Zoning Ordinance Relating to Accessory Uses and Structures Director of Community Development Polerecky reiterated to the Committee that during the May 95 2016 Community Development Committee meeting, Staff presented changes to the Accessory Structure Ordinance. The Committee recommended the changes with a requested follow-up on how playhouses are regulated and an investigation into whether changes need to be implemented regarding how the City of McHenry currently regulates playhouses. Director Polerecky informed the Committee that currently the Building Code exempts playhouse From permits. Staff contact surrounding communities and discovered that most regulate playhouses in the same fashion as the City of McHenry. Staff recommends the enforcement of playhouses continues to follow the adopted Building Codes and to make no changes regarding how playhouses are regulated. Director Polerecky stated that if the Committee is in agreement with Staff, the changes to the Accessory Structure Ordinance discussed at the May 9, 2016 meeting of the Community Development Committee will be presented to the Planning and Zoning Commission for a recommendation to full Council. Responding to Alderman Santi's inquiry regarding "architectural design," Director Polerecky stated that it is boilerplate language. Responding to an inquiry from Chairman Alderman Condon regarding the possibility of someone wanting to run electricity to a shed, Director Polerecky informed the Committee that it would require a permit. It is the consensus of the Committee to direct Staff to present the revised Accessory Structure Ordinance to the Planning and Zoning Commission at their meeting on August 24, 2016, as presented. 6. Department Updates Director Polerecky informed the Committee that Jake Marino from Elgin has been hired as the new Plan Examiner. Mr. Marino has a degree in architecture. Director Polerecky reiterated that he is establishing a Policy Handbook for the Community Development Department Staff to use for reference purposes. Community Development Committee Meeting Report July 11, 2016 Page 4 Director Polerecky informed the Committee that a number of building permits have been issued for additions to single-family homes and for single-family homes. Director Polere cky stated that the Heritage Woods lots) have been cleared and the house was scheduled to be torn down today. Director Polerecky informed the Committee that the new Starbucks is opening on Thursday, July 14, 2016 and that Meat & Potato is now open. Director Polerecky stated that he has a meeting next week with the new owner of the former Firewood Restaurant and anticipates that the establishment would be opening soon. Director Polerecky stated that the owner of Uprooted would be requesting a Use Variance to open a tavern, but within the year hopeS to open the restaurant. Bull Dog Alehouse would really like to open an establishment in the City of McHenry and is trying to reopen negotiations with the owner of the former Las Palmas. Director Polerecky informed the Committee that My Place on Illinois Route 120 is interested in outdoor seating. Director Polerecky informed the Committee that TLS was unable to obtain initial funding and has reapplied for State funding. 7. Adl' ournment There being no further business to discuss. Motion by Peterson, second by Santi to adjourn the meeting at 7:43 pm. Voting Aye: Condon, Peterson, Santi, Voting Nay: None Absent: None Motion carried. Reviewed and Approved: ft Geri Condon, Chairman