McHenry Times

City of Harvard Zoning, Planning & Ordinance Committee met Monday, July 8.

Here is the minutes provided by the committee:

Chairwoman Heinsohn called the meeting to order at 5:37 pm. Committee members present: Alderwoman Bona Heinsohn, Alderwoman Lisa Haderlein, Alderman Gorman, Alderman Perkins. Also present were Mayor Michael Kelly, Community Development Director Steve Santeler, Code Enforcement Officer Anne Nutley, and City Administrator Dave Nelson.

Public Comment None

Review Unified Development Ordinance Code Enforcement Officer Nutley went through some items from the old zoning code that were missed in the adoption of the new UDO.

Previous zoning code required an accessory building of over 80 square feet to be constructed of wood or masonry, this requirement wasn't included in the new Unified Development Ordinance (UDO). By having this in the code we can eliminate the popular tent like structures, these are temporary in nature and cannot withstand the elements for an extended duration and become tattered and an eyesore. Also, for consideration, is adding metal along with the wood and masonry requirement.

Previous zoning code required a conditional use permit for the storage of vehicles titled and unregistered, The UDO covers vehicles that are permitted to be stored on site as long as they have current registration, but we don't have anything for semi-trailers. We feel that trailers should have current registration as well.

Previous zoning code had zero lot lines for the downtown districts, this never made the cut in the UDO and should be reinstated.

The committee discussed the merits of each of these items and felt that they should be included in the UDO.Motion made by Alderwoman Haderlein to adopt the staffs recommendations and to petition the Zoning Board for consideration of amending the UDO. Seconded by Alderman Perkins. All Ayes motion passed.

Review Section 11.13F, Storage of Garbage Receptacles & Fine Code Enforcement Officer Nutley is looking for a consensus on storage of garbage cans. She explained a recent issue with the way this code is written, if the front of a house has an offset building line, the garbage receptacle can be stored in the alcove area created by the offset, and technically not be in the front yard. The front yard should be redefined so the receptacle is not so visible from the street. Also, this violation carries a hefty fine at $250.00, this is really a minor infraction and the penalty should be $25.00. The committee discussed the merits of front yard visibility of the garbage cans, complete concealment from any view from the street, construction of fencing or planting of landscaping to hide the garbage can and storing the garbage cans in the rear or side yards only. It was finally determined that garbage cans can not be stored in the front yard as defined in the UDO as follows “Front Yard: A front yard is located between a principal building line and the front lot line.”

Motion made by Alderwoman Haderlein to exclude the storage of garbage cans in the front yard as defined in the UDO and to reduce the fine for violations to $25.00. Seconded by Alderman Perkins all ayes motion passed.

Review Section 25.06, Liquor, One Time License Fee Mayor Kelly highlighted a conflict in Section 25.06 E. of the liquor license code where by the code states that the one-time fee of $10,000 may be paid by the applicant. The language should be mandatory. Motion made by Alderwoman Haderlein to replace the language in section 25.06 E. “may have the option of paying” with “shall pay”. Seconded by Alderman Gorman all Ayes motion passed.

There was discussion about liquor licenses for not for profits and the roles of the City Council and the Liquor Commissioner, sanctioning approval of late applicants, and or applying a late fee. It was further discussed about whether this particular role is ministerial or if the full City Council needs to be involved.

Review Section 6.12, Sidewalk Repair Program There was a discussion about the current sidewalk replacement program and that it is not being utilized. The Mayor highlighted several funding ideas to complete sidewalk replacement, referendum, Special Service areas, Special assessments or just using Motor Fuel tax revenue. Administrator Nelson noted that Code Enforcement Officer Nutley has been tasked with completing an inventory of existing sidewalks and apply a rating from good to bad on each property. Administrator further noted that this process will take several months to complete and at that point the City Council can have a discussion about a program. This additional time will also give the City a better handle on how much of a revenue stream we will have with gas taxes. Any further discussion on the ordinance will take place at a later date. No action taken.

Sale of Marijuana Inside Corporate Limits Administrator Nelson went through some of the highlights of the new law that the State passed as it relates to the legalization of marijuana in the state. This is all effective in January of 2020. The City has an exclusive right to outlaw the sale, and growing of marijuana if it wishes to do so. Further if there is no objection on the retail sale the City can apply an additional 3% sales tax on the product. Motion made by Alderwoman Haderlein directing Administrator Nelson to craft an ordinance with the tax and report back to the committee.

Submitted by: Chairwoman Bona Heinsohn

https://www.cityofharvard.org/sites/default/files/fileattachments/zoning_planning_and_ordinance_committee/meeting/11191/minutesordinance2019-07-08.pdf