McHenry Times

City of Harvard Zoning, Planning and Ordinance Committee met Jan. 14.

Here is the minutes provided by the committee:

Chairwoman Heinsohn called the meeting to order at 6:01 pm. Committee members present: Alderwoman Bona Heinsohn, Alderwoman Lisa Haderlein, Alderman Charles Gorman, Alderman Matthew Perkins. Also present were Mayor Michael Kelly, Alderman Carl Opper, Alderman Raul Meza, Community Development Director Steve Santeler, Chief of Police Mark Krause and City Administrator Dave Nelson.

Public Comment

None

Review 2 Parking Spot Rule

Steve Santeler gave a brief description of the current parking ordinance in that it requires two off street parking spots per residential dwelling. Alderman Gorman felt that the parking rule in the downtown area helps with inhibiting growth and investment in the area and that we should consider changing the rule to zero parking spots. Alderman Opper cautioned that this may indeed create some future problems with tenants and parking enforcement.

Motion made by Alderman Gorman Seconded by Alderwoman Haderlein to direct the staff to petition the Zoning Commission to amend Section 10 Table 10-1 of the Unified Development Code to eliminate the 2 parking spot rule for residential units in the B-1RC and B-1 MU zoning Districts. All Ayes motion passed.

Review Section 21.20C, Amusement Regulations, Tax Imposed

Alderwoman Heinsohn related that this review was brought to the attention of the committee from the Park Board and some issues as it relates to a private circus that wants to reserve Milky Way Park. Alderman Gorman noted that the circus from the previous year has never paid its amusement tax. There was discussion about changing the fee for not for profits and for profit organizations, the implementation of a deposit for the amusement tax which would be settled up after the event. The committee felt this was best explored further with the Park Board and eventual implementation of a different fee schedule for use of the parks.

Cannabis Consumption, Possession

Chief Krause gave a presentation of his recommendations for the possession and consumption of cannabis. Chief Krause noted that the Illinois Law allows for local jurisdictions to deal with these issues on a local level. Possession of cannabis must be in an approved container and be unopened when being transported and that the consumption of cannabis be conducted out of view of the public. Chief Krause is proposing a separate section in Chapter 27 of the municipal code and to amend section 1.14 of the municipal code for the following offenses.

Chapter 27.26- Cannabis Regulation and Tax Act

Accompanying SOFs (1.14):

SECTION    OFFENSE                                               COLUMN A         COLUMN B

27.26         Underage Possession of Cannabis

                  (410 ILCS 705/10-15-b)                               $100                     $200

27.26         Improper Consumption of Cannabis

                  (410 ILCS 705/10-35-a-3)                            $100                     $200

27.26         Improper Possession of Cannabis

                  (410 ILCS 705/10-35-a-2)                            $250                     $500

There was discussion on where people can consume cannabis and Administrator Nelson noted that under the law people can consume cannabis on private property outside of the public view. Mayor Kelly brought up the possibility of a private business setting up a separate area for people to consume cannabis. Administrator Nelson noted that under the current law the consumption of cannabis in a place designed for the general public would be in violation of the Illinois Clean Indoor Air Act. Mayor Kelly also made mention that if we get a dispensary the current law would allow for the consumption on premise with conditions as long as the City Council allows for this type of use. The committee thought it would be prudent to wait to see if we have a cannabis retailer that would like to do this before a wholesale change in the ordinance.

Motion made by Alderman Perkins to adopt the Chief recommendations to add a separate section in Chapter 27 and to amend section 1.14 of the Municipal code, Seconded by Alderman Gorman. All ayes motion passed.

Shoveling Sidewalks

Alderman Opper asked the committee to review this section of our code that does not require residents to shovel snow from the public sidewalk. Alderman Opper feels that if we are going to make an investment into construction and repairing sidewalks that the residents should shovel the snow. The committee discussed this concept and the following concerns were noted; enforcement would be difficult, snow birds and residents who are physically unable to shovel. There was further discussion on what kind of programs we could have to help residents shovel snow from the sidewalks. There was no consensus to amend the current ordinance.

New Business

Alderman Meza brought up a garbage dumping problem at the train station, and Alderwoman Haderlein noted that the other garbage cans downtown always seem to be overflowing.

Motion made by Alderman Perkins seconded by Alderwoman Haderlein to adjourn. All ayes motion passed meeting adjourned 7:04

https://www.cityofharvard.org/sites/default/files/fileattachments/zoning_planning_and_ordinance_committee/meeting/12641/minutesordinance2020-01-14.pdf