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HomeMy WebLinkAboutPacket - 01/22/2013 - Community Development CommitteeDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 dmarttin n ci.mchen y.ilms www.ci.nichenry.il.us COMMUNITY DEVELOPMENT COMMITTEE MEETING AGENDA January 22, 2013 7:00 P.M. Aldermen's Conference Room 1. Call to Order 2. Public Input-5 Minute Limitation 3. Discussion on Electrical Licensing 4. Discussion on Snow and Ice Accumulation Removal 5. Discussion on Garage Sales 6. Adjourn Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 dmartin&i.mchenry. iLus www.d.mchenryr .iLus COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin Deputy City Administrator FOR: January 22, 2013, Community Development Committee Meeting RE: Electrical Licensing ATT: Article X National Electric Code 2005 Edition NFPA 70 of the Municipal Code BACKGROUND. In 1986, the City of McHenry adopted Article X of the Municipal Code which established guidelines for: the creation of an electrical commission; duties of the commission; adoption of an electric code; amendments to the electric code; establishment of an electrical inspection department; requirements for electrical inspections and licensing. Since that time the majority of the guidelines have been followed with the exception of establishment of an electrical commission. Staff is recommending the City discontinue issuing electrical licenses because there is no active commission and eliminate the requirement for an electrical commission. ANALYSIS. Illinois State Statutes grant corporate authorities the ability to register electrical contractors. The statute does not contain requirements outlining how this is supposed to be done so each community adopts its own guidelines. There are seven communities in northern Illinois that issue this type of license including: McHenry, Woodstock, Elgin, Chicago, Rockford, Waukegan and Naperville. Most of which, with the exception of McHenry, have active electrical commissions. As stated earlier, electrical commissions recommend codes, provide interpretations, write proficiency tests, administer the tests and recommend contractors or individuals for licensing. Annually, eight electrical contractor licenses are renewed by the City, two are for major electrical contractors, two are smaller shops and four are individuals. Section 7-131 (e) of the Municipal Code states "No license hereunder shall be renewed for any subsequent term unless the City Clerk is authorized by the electrical commission." By policy, staff has continued to Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin r�r ci.mchenry.iLus www.ci.mchenry.iI.us renew existing licenses over the years without an electrical commission because the licenses have been in existence for approximately 25-years. Several times a year staff also receives inquiries from other communities regarding how the City's licensing program works. Questions include how often a test is given, when a particular contractor took the test, who was the actual person who took the test, how often the test must be taken or if the city requires continuing education prior to each renewal. Staff usually responds by indicating the City only renews existing licenses and to the best of our knowledge the license holder has passed a test. The City currently enforces the requirements of the National Electric Code and it is updated every three years. Without an electrical commission being seated it is becoming increasing difficult for one or two staff members to determine if a particular contractor remains competent to hold a City license. Staff holds certifications to inspect and review plans in different areas of construction, including electrical work. There will be no reduction in the level of service, life safety concerns or customer service already provided to residents and businesses. If approved, letters will be sent to current license holders which will give approximately nine -months to secure a license from one of the other communities. Staff is recommending the following amendments to the municipal code. Eliminate: Section 7-121 of the Municipal Code: Electrical Commission established; membership. Eliminate: Section 7-122 of the Municipal Code: Duties of Commission Eliminate: Section 7-131 (a) (b) (c) (d) (e) of the Municipal Code and insert: All persons, including electrical contractors as defined herein, engaged in the business of installing or altering electric equipment shall hold a valid electric License/registration from a community in the State of Illinois. Add: Definition of "Electrical Contractor' to Section 1-2 Electrical Contractor: Person engaged in the business of installing or altering by contract electrical equipment for the utilization of electricity for light heat or power. But the term "electrical contractor" shall not include the installing or alteration of (1) radio apparatus or equipment for wireless reception of sounds or signals, or(2) apparatus, conductors, or other Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin [&i.mchemy.il.us www.ci.ncliemy.il.us equipment installed for or by public utilities, including common carriers, which are under the jurisdiction of the Illinois Commerce Commission, for the use in the operation as public utilities. Nor shall the term include the employees employed by an electrical contractor to do or supervise his work. If the Committee concurs with staffs analysis it is recommended to forward the proposed amendments to the City Council for consideration. ARTICLE X NATIONAL ELECTRIC CODE 2005 EDITION NFPA 70 (MC-00456; MC-06-895; MC-11-1027) Sec. 7-121 Electrical Commission established; membership. There is hereby created an Electrical Commission consisting of 6 members as follows: the Director of Construction and Neighborhood Services shall be the Chief Electrical Inspector of the City and shall be a member and Ex-officio Chairman of the Commission; of the other five members, one shall be a Registered Professional Engineer, one an Electrical Contractor, one a Journeyman Electrician, one a representative of an Inspection Bureau maintained by the fire underwriters, if such a representative resides in the City, and if no such representative resides in the City, then the Chief of the McHenry Township Fire Protection District, and one representative of an electricity supply company. If there is no person residing in the City who is qualified under any of these descriptions, the Mayor of the City may appoint some other person to fill that position. All members of the Electrical Commission shall be appointed by the Mayor with the advice and consent of the Council. Sec. 7-122. Duties of Commission. Such Electrical Commission shall recommend safe and practical standards and specifications for the installation, alteration and use of electrical equipment in the City designed to meet the necessities and conditions in this locality, shall recommend reasonable rules and regulations governing the issuance of permits, and fees to be paid; however, such standards and specifications, rules and regulations, and fees shall not be effective until adopted by ordinance. Sec. 7-123. Permit, compliance required. No electric wiring for light, heat or power shall be installed, altered or extended in any buildings, structures or developments regulated by this Chapter except in conformity with the provisions of this Article and such rules as may be adopted and promulgated by the Building Officer under the provisions of this Article, and after receiving a permit. Sec. 7-124. Adoption of National Electrical Code. (MC-00-756; MC-06-895; MC-11-1027) That a certain document, three copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois, being marked and designated as "The National Electrical Code", 2005 Edition NFPA 70, promulgated by the National Fire Protection Association, and amendments thereto, are hereby adopted by reference as and for the safe and practical standards for the installation, alteration and use of electrical wiring, apparatus and equipment in the City; provided, however, that where the provisions of the National Electrical Code and amendments thereto are in conflict with the provisions of the following sections of this article, or such amendments thereof as the City may hereafter adopt, such sections and amendments shall control. That the aforesaid three copies of the National Electrical Code and said amendments have been filed with the City Clerk for a period of at least 30 days prior to the adoption of this section. 185 5111 Sec. 7425. Electrical service, wiring and grounding. (MC-06-895) The following exceptions and modifications are found necessary to meet conditions and shall prevail in the case of conflict thereof with any of the provisions in the National Electrical Code: (a) All commercial, industrial and multi -family residence service shall be in rigid conduit. All interior wiring in commercial, industrial and multi -family residences shall be in thin wall (EMT) conduit. (b) Single-family residence service shall be in rigid, IMC or in thin wall (EMT) metal conduit. All interior wiring in single-family residences shall be in BX or in thin wall (EMT) conduit or shall be grounded NM cable. (c) All metal noncurrent carrying parts of enclosures of electrical equipment and metal boxes shall be grounded. The ground wire shall be secured to a cold water pipe when such pipe is available. If such pipe is not available, then the ground shall be secured to a ground rod at least eight (8) feet in length. No ground shall be secured to any fixture or fitting. All buildings having metal siding shall be grounded by means of 2 ground rods, 8 feet in length, located on opposite corners. (d) All lighting fixtures located above tubs and showers shall be ground fault interrupter (GFI) protected. (MC-03-829) (e) Wiring for dining rooms, kitchens, laundries and utility rooms in all residences shall not be smaller than No. 12 AWG wire and no more than three (3) appliance outlets shall be located on any separate individual circuit. All furnaces, boilers, washers, dishwashers, air -conditioners, wells and sump pumps shall be wired on separate circuits of wire not smaller than No. 12 AWG. (f) The existing type of wiring may be followed where additional outlets are being installed in any existing structure. However, where a building addition is being constructed, the type of wiring in the existing structure shall not be followed unless such existing wiring complies with the provisions of this Article. (g) Meter sockets on new single-family construction shall be located on the side of the house closest to the source. Sec. 7-126. Establishment, composition, etc., Electrical Inspection Department There is hereby established an Electrical Inspection Department for the regulation of the installation, alteration and use of all electrical wiring, apparatus and equipment as provided in this Article. Such Electrical Inspection Department shall consist of the Electrical Inspector and such other employees as may, from time to time, be provided for by the City Council, and shall be a division of the Construction and Neighborhood Services Department, under the supervision of such Department. Such Electrical Inspector shall be charged with the duty of enforcing the provisions of the rules and regulations relating to the installation, alteration and use of electrical equipment, as provided for in this Article, and shall function under the immediate supervision and control of the Director. Sec. 7427. Building Inspector to act as Electrical Inspector. The Building Inspector shall act as the Electrical Inspector and shall have all of the powers and perform all of the duties connected with that office. 5/11 Sec. 7-128. Rough -in inspections. (a) No electrical installation or alteration shall be covered up or concealed before the electrical wiring, equipment and apparatus has been inspected and approved by the Electrical Inspector. (b) Whenever an electrical installation or alteration is ready for a rough -in inspection, a request for such inspection shall be made to the Construction and Neighborhood Services Department at least one full work day in advance thereof. The rough -in inspection shall be made as soon thereafter as it is practical for the Department to do so. Any electrical installation or alteration which has been concealed or covered up in violation of the provisions of this Section shall be completely opened up and uncovered by the owner of the premises upon the request of the Electrical Inspector. In addition thereto, the initial failure to have any electrical installation or alteration uncovered or opened for inspection shall be punishable by the payment of the fine provided for in Section 7-42, Sec. 7-129. final inspections and certificates of approval. (a) It shall be unlawful for any person to turn on electrical power into any electrical wire or apparatus for temporary or for permanent electrical service, unless a certificate of approval has first been issued for such purpose by the Construction and Neighborhood Services Department. (b) When temporary or permanent electrical service is desired, it shall be the responsibility of the electrical contractor or other installer performing the electrical work to make a request to the Department for an inspection of the electrical work, such request to be at least one full working day in advance of the requested inspection. No certificate of approval for such temporary or permanent electrical service shall be issued until after the Department has completely inspected the electrical work and until such inspection discloses that the provisions and requirements of this Article have been fully complied with. (c) Certificates of approval shall be issued in duplicate. One copy thereof shall be retained as part of the records of the Department, and the other copy shall be delivered to the electric utility company. No electric utility company shall energize any temporary or permanent electric service until it has received a copy of the aforesaid certificate of approval. Sec. 7-130. Annual inspections. The electrical installations in all buildings and structures located in areas that are zoned for industrial, commercial, office or multi -family dwelling (where the dwelling consists of more than two (2) units) uses shall be subject to annual re -inspections by the Electrical Inspector. Changes and alterations in the electrical installations may be ordered by the Electrical Inspector as a consequence of such annual inspection, where the public safety requires. Written notice of such changes or alterations shall be given to the owner of the premises by the Construction and Neighborhood Services Department, and such changes or alterations shall be made within 30 days after such written notice is given. The Construction and Neighborhood Services Department shall have the power to cause the current in any wire or conductor to be turned off wherever this becomes necessary, in its judgment, for the protection of life, limb or property. All changes and alterations made pursuant to such notice shall be inspected and approved by the Construction and Neighborhood Services Department. 187 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin n ci.mchenry.il.us www.d.mchenry.il.us COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin Deputy City Administrator FOR: January 22, 2013, Community Development Committee Meeting RE: Snow and Ice Accumulation Removal ATT: 1. Village of Lombard Press Release w/snow removal requirements 2. City of Urbana w/snow removal requirements I Community Development Committee Minutes dated March 16, 2010, and May 17, 2011 BACKGROUND. The topic of snow and ice removal was discussed at the March 16, 2010, October 26, 2010 and May 17, 2011 Community Development Committee meetings. The Committee directed staff to enforce the provisions of Sec. 21-18 of the McHenry Municipal Code by complaint only and keep a log of staff time associated with enforcement. Chapter 21, Sec. 21-18. Duty to remove deposits on sidewalks states "The owners or occupants of all property facing on or abutting sidewalks, shall remove from any existing sidewalk abutting their property, all accumulations of snow and ice within 24 hours after the accumulation of such snow and ice began, and shall keep the said abutting or adjacent sidewalks clean and free from debris and litter at all times. During the winter of 2011/2012 the City experienced: • Five major snow events between December and February which generated a total of 12 complaints; • From the 12 complaints 92 individual properties were identified as being in violation; • Notification was made by personal visits or letters being sent to the 92 property owners; Department of Comnumity & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (8 15) 363-2170 Fax: (815) 363-2173 dinarthi@dnichenry.il.us www.ci.mchenry.il.us • A total of 347 tasks were completed and approximately 77 hours of staff time was consumed to identify the properties and investigate the violations, log the information, send notification/speak to property owner and conduct follow-up inspections. ANALYSIS. If a complaint is received, regardless whether it's in a commercial, residential or other area, staff will contact the property owner, inform them of the concern and ask them to remove the snow from the sidewalk adjacent to their property. Staff has even sent multiple letters to the same property owners, as well as stop by their place of business or residence, encouraging the removal of snow. If a complaint is received about one property on a block notices are sent to all homes within the same block. Numerous residents and business owners throughout town do not consistently remove snow from their adjacent sidewalk. This is one of those things we assumed residents and business owners would do but is not the case and over time the number of people who violate this provision has literally increased exponentially. In addition, non-residential property owners do not receive the same protection under current state law, which in turn acts as another disincentive to comply. As discussed and directed by the Committee two years ago staff has taken a less oriented approach approach to this issue and tried very hard to work with property owners. Moving forward staff believes to obtain compliance and maintain the integrity of this ordinance, violation notices and if necessary citations should be sent to those property owners which do not comply. Staff is seeking feedback from the Committee if this is the direction they would like to head. The alternative would be to delete this provision from the Municipal Code. While some communities do have similar regulations (see attached) staff believes this provision is antiquated, cannot be equally enforced and thus should be removed from the Municipal Code. Staff has spent a lot of time working on this issue with property owners. Sometimes the issue is moot because the snow melts within 24 hours; however, there is a gray area determining when snow has partially melted or removed. If the Committee directs staff to continue with enforcement staff would like the ability to follow through with violation notices, citations and administrative adjudication otherwise it would not worthwhile the City to partially address the issue. Staff is seeking direction from the Committee whether to completely enforce the removal of snow and ice from public sidewalks or alternatively delete the provision requiring property owners to remove snow and ice accumulation from public walks within 24 hours. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Plione: (815) 363-2170 Fax: (815)363-2173 dntattin r�i ci.mchenry.il.us w w w. c i. n1 t h e my. i l. u s Posted on: November 20, 2012 Village of Lombard Reminds Residents, Business Owners of Snow &Ice on Public Sidewalk Ordinance Lombard ordinance requires snow removal from public sidewalks adjacent to commercial properties. Within 24 hours of the end of each snowstorm, public sidewalks (near the street) adjacent to commercial properties must have a path cleared to provide safe passage so pedestrians do not have to walk in the street. This is particularly important in areas of high pedestrian traffic including Main Street near Glenbard East, Downtown Lombard and along Roosevelt Road. Please get communications in place now so that the sidewalks near the street will be snow -free throughout the winter, recommends Joan Rogers, Code Enforcement Coordinator for the Village. While the ordinance does not require snow removal from public sidewalks abutting residential properties, the same hazards exist. Some people have expressed a concern regarding liability involved in removing snow, stated Rogers, but the Illinois Snow and Ice Removal Act (745 ILCS 75/2) provides that anyone who "removes or attempts to remove snow or ice from sidewalks abutting the property shall not be liable for any personal injuries allegedly caused by the snowy or icy condition of the sidewalk." Those who have sump pumps draining toward the front yard are reminded to switch the drainage to the rear yard for the winter months to prevent icing of the sidewalks. Village code does require those having any surface water drainage mechanisms or conduits onto a sidewalk or street to take action to prevent icing. Please help to keep the pedestrians of our community safe by keeping sidewalks clear of snow and ice. If you have any questions regarding snow or ice removal, please contact Code Enforcement at (630) 620-5749 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin r�i ci.mchemy.iLus www.ci.nrchenry.il.us City of Urbana Sidewalk Snow Removal The Urbana City Council passed an ordinance on December 5, 2011 which requires property owners within identified snow removal districts to clear the adjacent public sidewalk of snow and ice. Sidewalk clearance must occur within 24 hours of a declaration made by the Public Works Director. After a winter storm, notice that the sidewalk clearance requirements are in effect will be issued through local media outlets and on the City's website. For more information, view the Frequently Asked Questions below, click on the links to the ordinance and maps, or call the Environmental Compliance Officer at Urbana Public Works (217,384,2416), If you wish to employ a snow removal service for sidewalk snow clearance, please consult the local telephone directory. Frequently Asked Questions 1. What is the purpose of this ordinance? The goal of this ordinance is to maintain safe, passable sidewalks for the public to travel upon, even following winter storms. 2. When is the ordinance effective? Enforcement of the ordinance will begin January 3, 2012. 3. What does the ordinance require me to do? Property owners are required to clear public sidewalks adjacent to all sides of their property of snow and ice. The ordinance requires that a 48" path be cleared for the full frontage of the property. For those property owners adjacent to an intersection or public crosswalk, a path must be cleared to the street. This requirement is effective after a winter storm event of 2" or greater of snow or a declared ice event. 4. How will I know when these requirements are effective? Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Plione:(815)363-2170 Fax: (815) 363-2173 rtin@ci.mchenryJ1.us www.ci.mchenry. il.us The City's Public Works Director will make an official declaration and send it to all news media outlets for announcement. Citizens can also visit the City's website for announcements. Impacted property owners can also be added to an e-mail notice list by contacting the Urbana Public Works Department at 217.384.2342. 5. What if it takes multiple storms to reach the 2" threshold? The Public Works Director will make the determination of when the official declaration will be made for property owners to begin clearing the adjacent sidewalks. 6. How much time will I have to shovel the snow or clear the ice, sleet or freezing rain? You will have 24 hours to clear sidewalks after the public announcement by the Public Works Director. 7. Where am I expected to put the snow? You are expected to store the snow on your property, if possible. Otherwise, snow may be placed in the parkway between the sidewalk and the street curb. Please bear in mind that streets with on -street parking still need access to vehicles and parking meters. Your help in ensuring access is appreciated. Depositing snow onto City streets is prohibited. 8. What if I can't clear off the snow, ice, sleet or freezing rain because it has become too hard? The ordinance requires you to spread sand, salt or other abrasive material and make a reasonable effort to clear the walk. 9. Will the City of Urbana comply with this requirement? Yes. The City of Urbana will clear all sidewalks adjacent to City -owned properties. 10. How much of the sidewalk do I need to clear? You are required to clear the full width of the sidewalk, or 48 inches (4 feet), whichever is less in width. You must clear the entire length of your property. Property owners on corner lots are also required to shovel paths to the nearest crosswalks. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Plione: (815) 363-2170 Fax: (815) 363-2173 dnrartin&i. ntchenry. i l.us www.ci.mchenry. il.us 11. What if 1 am out of town when it snows or I am physically unable to shovel? Property owners are expected to have arrangements in place to have the adjacent sidewalk cleared if they are unable to personally attend to the matter. 12. What if the snow plow pushes snow back onto the sidewalks? Typically the declaration to clear sidewalks will be made near the completion of street plowing activities. However, the ordinance states that owners must maintain the sidewalk in a reasonably clear manner after the initial clearance. 13. Does the passage of this ordinance increase civil liability? The weight of legal authority (including the Illinois Snow and Ice Removal Act 745 ILCS 75/1) indicates that the ordinance itself imposes no additional civil liability on individuals for shoveling snow. Like any legal question, there is no absolute answer that its all circumstances. 14. What areas are covered by the three snow removal districts? See the maps or ordinance. 15. Is there some way my neighbors and I can organize to clear an area? Yes. Individual neighborhoods, streets, districts are free to contract for the removal system that best meets their needs. The City encourages this, however will not play a role in organizing such groups. Interested parties may contact the Public Works Department for a list of contractors or volunteers who are seeking to provide these services. 16. Do other communities have this requirement? Yes, many cities in Illinois over 25,000 in population have similar requirements, as do cities in other Midwestern states. 17. What are the penalties? Department of Community & Economic Development Doug Maitin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmaitin@ci.nichenry.i Lus www.cLinchemy.iLus If a person fails to clear snow, ice, sleet, or freezing rain, the City or its contractor will do it. After the City completes the work, the property owner will be billed for the City's cost, plus a fine and administrative costs. Fines start at $25 for a first offense and administrative fees are set at $55. 18. Will property owners by warned before the City clears the sidewalk? The City will provide one warning per winter storm season to each property owner before clearing the sidewalk. A warning may come in the form of a personal visit, door hanger, or phone call. Such a warning gives the property owner an additional 24 hour before the City clears the sidewalk. 19. Who should people call with questions or to make a complaint? Call the Environmental Compliance Officer at Urbana Public Works (217.384.2416) during regular business hours. COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, March 16, 2010 Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon and Alderman Santi. Absent: Alderman Glab. Also in Attendance: Deputy City Administrator Martin, Alderman Peterson and City Clerk Jones. Also in Attendance: Dave Miller 1208 North Riverside Drive, McHenry Chairman Alderman Condon informed those in attendance that she received a telephone call from Alderman Santi indicating he had been detained, but would arrive at the meeting as soon as possible. Alderman Peterson arrived at 7:20 p.m. A brief discussion ensued regarding whether the meeting should be postponed due to lack of a quorum. Alderman Santi arrived at 7:21 p.nr. Chairman Alderman Condon called the meeting to order at 721 p.m. She announced that since Alderman Peterson was in attendance for the discussion regarding the revised Administrative Adjudication Ordinance that the agenda would be revised and that topic would be discussed following the Public Input Session. Public Input Session Chairman Alderman Condon recognized Dave Miller, Mr. Miller informed the Committee that he has been attempting over a number of years to get the City to address a continuing issue regarding the snow removal from sidewalks, property owner liability and the City's current snow removal ordinance. Mr. Miller provided the Committee with copies of various House Bills and statutes, which he has accumulated, suggesting that some of the data contained might be applied to the City's current ordinance in an effort to address his ongoing concerns regarding property owners and snow removal from sidewalks. Mr. Miller requested clarification regarding the City's ordinance regarding liability of the property owner. Deputy City Administrator Martin assured Mr. Miller he would look into the matter and provide him with clarification. Chairman Alderman Condon requested Staff confer with the City Attorney regarding immunity to residential, commercial and municipal property owners regarding sidewalk snow removal. Discussion Ret!ardine Revised Administrative Adjudication Ordinance Deputy City Administrator Martin informed the Committee that the City established the Code Hearing Department in 2002 for the purpose of expediting the prosecution and correction of City Code violations. He stated that Administrative Adjudication, as it is commonly referred to, has become a means for local units of government to streamline building code, property COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, May 17, 2011 Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Aldennan Condon, Alderman Peterson and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin, Construction and Neighborhood Services Director Schwalenberg and City Clerk Jones. Also in Attendance: Mr. Adrian Plante, 1207 Broadway, McHenry, IL (gogreenwi theuvi&gmail.con Mr. Ed Fuhrmann, 214 Sprucewood Ct., Round Lake Beach, IL (thefuhrmanns(a)sbcglobal.net) Ms. Peggy Larson, 1013 Hilltop, McHenry IL (peggley29(iD,att.net) Mr. Don Jarrett, 912 N. Cedar Lake Road, Round Lake Beach, IL Chairman Alderman Condon called the meeting to order at 7:02 p.m. Public Input Session No one signed in to speak during the Public Input Session. Discussion Reearding Ice/Snow Removal from Sidewalks in Residential Areas Construction and Neighborhood Services Director Schwalenberg stated that the topic of snow and ice removal was previously discussed at both the March 16, 2010 and October 26, 2010 Community Development Committee meetings. Staff was directed to enforce the provisions of Chapter 21, Sec. 21-18 of the McHenry Municipal Code (snow removal) and keep a record of Staff time associated with enforcement. Director Schwalenberg stated that due to mild winter temperatures, it was difficult to determine whether or not the walks were being shoveled or accumulation had melted. Continuing, he stated that the blizzard of 2011 deposited a large amount of snow over a very short period of time resulting in piles of snow being pushed up onto corners by plow trucks in an effort to clear roadways. Following the blizzard, Staff waited for a two week period prior to sending out letters advising residents of Chapter 21, Sec. 21-18 in an effort to provide sufficient time for everyone to remove snow. Director Schwalenberg provided the Committee with the following data: • There were five major snow events between December 2010 and February 2011, which generated 12 complaints; • Of the 12 complaints filed, 92 individual properties were identified as being in violation; Notification was made by personal visits or letters being mailed to the 92 property owners; and Community Development Committee Meeting May 17, 2011 Page 2 • A total of 347 tasks were completed and approximately 77 hours of Staff time was consumed in o identifying the properties; o investigation of the violation; o logging -in of information; o sending out the notification and/or speaking with the property owner(s); and, o conducting a follow-up inspection. Director Schwalenberg informed the Connnittee that Staff would recommend accuumdation of data for another year prior to suggesting modification to the ordinance. Responding to au inquiry from a resident in attendance, Deputy City Administrator Martin stated that the County of McHenry does not remove snow from sidewalks. Alderman Santi inquired about the responses received from recipients of letters and/or visits regarding the snow removal issue. Director Schwalenberg indicated that most were receptive and unaware of the ordinance. Mr. Adrian Plante inquired about the training of plow drivers. He inquired if the snow could be pushed in such a way so that there is no accumulation at corners and on sidewalks, which affects sight lines. Director Schwalenberg stated that drivers are trained and attempt to determine the best routes based upon time constraints, gas consumption and mileage. It was suggested Chat digital photography could be helpful. Chairman Alderman Condon suggested continuing the analysis for one more year. She requested that specific complaints be documented. It was the consensus of the Committee to continue accumulating data regarding snow removal for an additional year, through the 2011/2012 winter season, with the addition of digital photography to accompany data and that specific complaints be documented. Discussion Reeardine Residential Chickens Deputy Administrator Martin reiterated to the Committee that at the February 22, 2011 meeting of the Community Development Committee, the subject of issuing permits for backyard residential chickens (hens only) in the City of McHenry was discussed. Staff provided inforniation addressing frequently asked questions, common myths and realities, as well as a Chicken Ordinance Survey. Interested community members were in attendance, providing valuable information on the topic. Since the February 22, 201 meeting, Staff has worked with Mr. Adrian Plante and his colleagues to clarify concerns which were raised at the last meeting. Some of the specific concerns raised were: 0 Appropriate setbacks for chicken coops and runs; Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin &i. mchemy. iL us www.ci.mchenry.il.us COMMITTEE SUPPLEMENT TO: Community Development Committee FROM: Douglas Martin Deputy City Administrator FOR: January 22, 2013, Community Development Committee Meeting RE: Garage Sales ATT: 1, Existing Garage Sale Regulations 2. Community Development Committee Minutes dated July 21, 2009, August 25, 2009 and October 27, 2009 3. Draft Garage Sale Regulations from 2009 BACKGROUND. The Community Development Committee discussed the regulation of garage sales in 2009; however, proposed amendments to the ordinance were not presented to the City Council due to increasingly difficult economic times. Since then staff has run into problems with one of the provisions included in the current regulations. The provision in the municipal code allows residents essentially to sell and/or advertise up to five items from their residence at any one time. The following is currently listed as exempt from the regulations for garage sales in the existing ordinance. "(cJ Any persons selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five (5) in number." ANALYSIS. Staff has encountered home -based automobile dealers and other home -based businesses where the homeowner is using this provision to their advantage to continually sell items from their residence. Specifically, staff has experienced instances where a homeowner was allegedly buying vehicles from auctions and reselling them, up to five, from their residence. Additionally, there have been other cases where homeowners were selling tires, which were displayed on the driveway. In the past bicycles and bags boards have been placed in front of Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mehenry.il.us www.ci.mehenry.il.us residents' homes on the grass and advertised for sale. In these situations stafYs hands are tied if the number of items being sold is five or less. Most properties that sell items from their homes are located on busy/collector roadways. This problem is not by any means a pervasive issue, but at the same time staff wanted to present it to the Committee as warmer months approach. Many residents sell their personal vehicle or other items from time to time without holding a formal garage sale, and staff does not want to take away this option for residents, but at the same time the intent of the provision is to allow the sale of a car or two or other piece of merchandise while not running a business selling merchandise outdoors. A couple of options exist to address this issue. The first of which is to eliminate the provision and allow no sale of merchandise from a residence without obtaining a garage sale permit, the second would be to leave the provision as it is written and continue to monitor the issue and the third option would be to reduce the number of items from five to something less. Staff is seeking Committee feedback on this issue and three options. MUNICIPAL CODE CHAPTER 10.50 GARAGE SALES Sec.10.50-1. Purpose. It is the purpose of this Chapter to provide for the regulation of the nature and frequency of garage sales, in order to insure public safety, provide proper parking control and to prevent any annoyance or harm which might otherwise occur from the uncontrolled operation of such sales in districts not zoned for commercial use. Sec. 10.50-2. Definition. For purposes of this Chapter, the term "garage sale" shall mean and include all sales of tangible personal property conducted on premises in the City that are zoned for residential use, regardless of the name by which such sale may be called. Sec. 10.50-3. License required; fee; display. It shall be unlawful for any person, firm or corporation to conduct any garage sale in the City of McHenry without first filing with the City Clerk the information hereinafter specified and obtaining from the City Clerk a license to do so, to be known as a "garage sale license." Each license issued pursuant to this Chapter shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale. No fee shall be charged for such license. Sec. 10.50-4. Information to be filed. The information to be filed with the City Clerk pursuant to this Chapter shall be as follows: (a) Name of the person, firm, group, corporation, association, or organization conducting said sale. (b) The address at which said sale is to be conducted. (c) The date(s) of the sale. (d) The number of days of the proposed sale. (d) The hours of the sale. (e) The number of garage sales held on the premises during the current calendar year. 360 IN Sec. 10.5M. Number of sales. No more than two garage sales shall be conducted on the same premises by the same household within any calendar year. Sec. 10.50-6. Time limitations. No garage sale shall be conducted over a period of more than three consecutive calendar days, nor shall any such sale begin before 8:30 a.m. or continue later than 5:00 p.m. on any given day. See. 10.504. Types of merchandise. Garage sales shall be limited to the sale of household goods and furnishings which have been in use in the dwelling unit located on the premises on which such sales are conducted. No person, firm or corporation shall, at any garage sale, sell at retail any goods purchased or acquired in wholesale lots. Sec.10.50-8. Signs. Any person, firm or corporation licensed under the provisions of this Chapter may erect two signs advertising the licensed sale. One such sign shall be located on the premises where the sale is to take place, and the other shall be located at the nearest major intersection to the sale premises, giving directions to the sale. All signs shall be removed no later than three hours after conclusion of the sale. Sec. 10.50-9. Persons and sales excepted. The provisions of this Chapter shall not apply to or affect the following persons or sales: (a) Persons selling goods pursuant to an order or process of a court of competent jurisdiction. (b) Persons acting in accordance with their powers and duties as public officials. (c) Any persons selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five (5) in number. (d) Any sale which falls within the provisions of ILCS. (e) Any sale conducted by a charitable or religious organization where the sale is being held entirely as a fund-raising activity for said organization. 361 (The next page is 370) GARAGE SALE REGULATIONS Garage Sale defined -includes any occasional sale of personal property at a residence by one or more families in a neighborhood or by a group at a nonresidential property where the sale is conducted by a not -for -profit agency only , including but not limited to rummage sales, yard sales, attic sales, estate sales, moving sales and trunk sales. Sales must only include excess second-hand goods, junk, antique or other used or discarded items and not acquired or produced specifically for resale. Permit Fee and Sign Stickers Required -A garage sale permit shall be obtained from the Construction and Neighborhood Services Department not less than 48 hours prior to the start of any garage sale; a permit fee of $3 shall be charged to any resident upon compliance by such person within the provisions of this ordinance; the permit shall be posted in the front yard area so as to be easily seen by city officials and shall be nontransferable. The fee shall be utilized to off -set administrative, enforcement and sticker costs; A fee of $15 plus $1/participating home shall be charged for any subdivision or association in the same general vicinity the fee shall be utilized to off -set administrative, sticker and enforcement costs, as well as cost associated with placing "No Parking" signs throughout the subdivision or general garage sale area; upon payment for a garage sale permit identification stickers shall be provided to the resident to place on all garage sale signage; if a sticker is not displayed on a garage sale sign the sign will be removed by City staff. Renting out garage sale space for charitable or any other purpose -Renting area to the general public for the purpose of raising funds for a charitable or any other cause, such as a parking space on residential or non -residentially -zoned property, for the purpose of selling items which normally would be associated with a garage sale as defined herein is permitted only be obtaining approval by the City Council. These sales are required to seek City Council approval for the event after all potential issues related to the sale are addressed including parking. Adult Merchandise -the sale of adult -only merchandise shall be permitted with the condition that all adult -only merchandise be roped -off, placed behind a curtain, or other means so as not to be open or easily accessible to the normal viewing public. Food prohibited unless Health Permit is obtained -there shall be no food served at any garage sale within the City unless proof of obtaining a health department permit from the McHenry County Health Department is submitted to the City. This does not include prepackaged food and/or beverages; Pre -packaged food is defined as bottled, canned, cartooned, bagged or securely wrapped. Pre -packaged non -potentially hazardous food is exempt from McHenry County Health Department pennit and fee requirements but all other requirements in the ordinance must be met. Operation of Retail Selling Business Prohibited -It shall be unlawful for anyone to conduct a retail selling business pursuant to a permit issued under these regulations or to engage in any sales other than those ofjunk, secondhand, antique or other used or discarded items of property. Person Conducting Sale to be Owner or Occupant of Premises -It shall be unlawftil for any person to conduct a sale pursuant to these regulations who is not the owner of the premises where such sale is held. Sale Frequency -two (2) garage sales shall be conducted on the same premises within any calendar year; each sale can last no more than three (3) days; There shall be a minimum of thirty (30) days between each sale; Restrictions on Location of Sales Activities -No sales regulated by this Chapter and no sale items shall be located on any public sidewalk, parkway or any other part of the street right-of-way. Signage- shall not exceed five (5) square feet in area with a maximum height of four (4) feet; one sign is allowed for each zoning lot, except any lot with more than one frontage may have two (2) signs, one displayed on each frontage. Off -premise directional signs may be displayed in the public right-of-way with a minimum of five (5) feet from any roadway on the days when the garage sale is being conducted. No more than three (3) off -premise signs shall be permitted for each garage sale; an additional 20 square foot sign shall be permitted to be located at one subdivision entrance, for any neighborhood, association or group garage sale within the same general area; garage sale signs may only contain the following information: days of the sale, hours of the sale and address/location where the sale is to take place. Off -site Signage shall be restricted to one (I ) per roadway and two (2) interior subdivision roadway signs. Signs at multiple entrances to a subdivision are prohibited. Additional Garage Sale Regulations Removal of signage-All garage sale signs authorized by this ordinance shall be removed. on the last day of the sale; Noise -Use of loudspeakers and/or amplifiers is prohibited; no sale held pursuant to this chapter shall be conducted with the use of outdoor loudspeakers or other amplification equipment; Attachments -No attachments, including but not limited to: balloons, streamers, pendants, etc, may be attached to any street poles, fire hydrants, sign poles, light poles or similar structures or located within a landscape bed or flower bed. Multiple Sales -When a subdivision, neighborhood or group of more than four (4) separate sales at the same location is conducted, parking shall be restricted to one side of the street. Zoning District -A garage sale, as provided herein, shall be conducted from residentially -zoned property only or alternatively by a not -for -profit organization on a non -residentially -zoned property; Sale Hours -Sales conducted in accordance with the provisions of this ordinance shall be conducted only during the periods 8:00 a.m. to (8:00) p.m. Monday thin Saturday and (9:00) a.m. to (6:00) p.m. on Sunday, unless special permission is granted by the Director of Construction and Neighborhood Services. Ordinance Violations -Any person, group or association violating any provision of this ordinance shall upon conviction be fined not less than $25 nor more than $100 for each offense each day that such a violation occurs or continues shall be deemed to constitute a separate offense. COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, July 21, 2009 Aldermen's Conference Room, 7#00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Glab and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin and City Clerk Jones. Also in Attendance: Helen Glab Chairman Alderman Condon called the meeting to order at 7:02 p.m. Public Innut Session No one spoke during the public input session. Discussion Reeardin� Garage Sales Deputy City Administrator Martin informed the Committee that recently garage sales have become more popular within the City. Specifically, the number of garage sales has increased and often the garage sales include multiple families and/or entire subdivisions. Additionally, different versions of garage sales have become popular, which include: • Trunk sales; • Rummage sales; • Yard sales; • Moving sales; • Attic sales; and • Estate sales Also, Deputy City Administrator Martin stated that recently parking at the garage sale and in the vicinity has become an issue, as well as the safe passage of cars and emergency vehicles when there is parking on both sides of the street. Deputy City Administrator Martin informed the Committee that recently churches, which are typically zoned residential have been hosting more trunk sales and rummage sales. The City's Municipal Code regulates garage sales within the City. Currently, a garage sale permit is required. Two sales per year are allowed at each site. There is no fee for a Garage Sale Permit. Staff has reviewed garage sale ordinances from surrounding communities and has prepared a proposal regarding what language a revised ordinance may include. Additionally, a modification to Garage Sale Regulations has been prepared. Staff is recommending that the following garage sale permit fees be instituted: • $10.00 —resident person • $20.00 — subdivision, association or group of three (3) or more Alderman Glab informed the Committee that he has personal knowledge of some individuals who are using a garage sale as a pretense for running an actual business. He opined that garage sales are being abused and questioned the number of people who actually obtain a permit. Alderman Glab stated he is in favor of instituting a fee for garage sale permits. He stated that in Community Development Committee Meeting July 21, 2009 Page 2 order to have control over the actual number of garage sales taking place at a particular venue some type of enforcement would be required. Deputy City Administrator Martin, responding to Chairman Alderman Condon inquiry about whether there was a method currently in place for checking the number of permits issued against garage sale advertisements in the Herald, indicated he was unaware whether that was taking place. Helen Glab informed the Committee that she frequents garage sales and often finds pornography, retail products and even food offered at the site. Mrs. Glab indicated that garage sales are popular on Thursday, Friday, Saturday and Sunday now. She announced that a number of persons like to shop at garage sales prior to going to work on Thursday and Friday and suggested that garage sales should begin at 7:00 a.m. Chairman Alderman Condon stated that she believes that a garage sale should not begin earlier that 8:30 a.m.; however she would be willing to consider 8:00 a.m., but no earlier. Alderman Santi stated he was in favor of a fee being instituted for garage sales. He noted he likes the Regulations as spelled out and suggested the Regulations be presented to each applicant at the time a fee is paid and the garage sale signs are obtained from the City. He suggested that a reference number or coded sticker be assigned to each garage sale in an effort to track where and when they are taking place. Alderman Santi inquired about the possibility of a community -wide garage sale, which could take place annually at no charge. He opined he is not in favor of any extension due to inclement weather. Responding to an inquiry from Alderman Santi regarding the number of large (i.e., subdivision -wide) garage sales per year, Deputy City Administrator Martin indicated that somewhere between five and ten take place annually. Chairman Alderman Condon informed the Committee that Alderman Schaefer requested that she share with them that he is not in favor of garage sale fees, nor is he in favor of over -regulation regarding garage sales. Chairman Alderman Condon opined that the posting of "no parking" signs is favorable, but questions their enforceability. Chairman Alderman Condon stated she has concerns with the City providing the garage sale signs. She opined that individuals like to have the opportunity to use creativity with their garage sale sign. Chairman Alderman Condon noted that the idea regarding posting stickers on the garage sale signs together with a permit could be feasible. She noted she could support two off, premises signs and 1 on -site sign advertising a garage sale. Chairman Alderman Condon opined that directional signs for garage sales would require supervision. Alderman Glab questioned the ability of someone attempting to enforce the event being able to see the numbers on a coded sticker from the street. Chairman Alderman Condon noted that while discussion at the meeting thus far has centered on garage sales in general the issue involving Holy Apostles, which is the event that brought the matter to the attention of the Committee, has not been addressed. Alderman Glab opined Community Development Committee Meeting July 21, 2009 Page 3 emphatically that he does not believe any entity is entitled to exemption. He stated that if a charitable institution wishes to be considered for exemption it should be required to come before Council for authorization. Chairman Alderman Condon suggested that institutions, such as churches, schools or organization that hold garage sale type events for fundraising purposes should be reviewed separately. It was the consensus of the Committee to direct Staff to research the matter further and provide the Committee with additional information at a future meeting. Discussion ReeardinQ Proposed Hiehway Overlav District Deputy City Administrator Martin reiterated to the Committee that at the June 2, 2009 Community Development Committee meeting the possibility of creating a special type of zoning district, which could be used to regulate development in certain areas of the City was discussed. Deputy City Administrator Martin stated that specifically, this ordinance would apply to certain areas along major roadways. The discussion came about as a result of the proposed Richmond Road widening and how certain properties should be zoned upon widening of the roadway and potentially how the properties should be redeveloped and according to what zoning classification. Deputy City Administrator Martin presented the Committee with a proposed Highway Overlay District Ordinance ("HOD"), which Staff drafted. Deputy City Administrator Martin stated the proposed HOD is patterned after the City's Downtown Overlay District Ordinance. He explained that an overlay district provides use and development regulations superimposed over the underlying zoning where it is applicable. The boundaries to which this overlay district is applicable are included in addition to specific development -related guidelines along the roadway corridors. The proposed HOD boundaries are: • Richmond Road from Illinois Route 120 north to Washington Street; • Front Street from Bull Valley Road north to Illinois Route 120; • Crystal Lake Road from Dartmoor Drive northeast to Illinois Route 120; • Ringwood Road from Illinois Route 120 north to Flanders Road; and • Illinois Route 120 from Ringwood Road to Chapel Frill Road, Deputy City Administrator Martin noted that the overlay district would accomplish the same outcome as creating a new and distinct zoning district. Alderman Glab opined he has concerns regarding an overlay district creating some conflict. He suggested the City use caution regarding establishing an overlay district ordinance. He suggested that actual zoning along each roadway be reviewed, but indicated that if an overlay district was done correctly he would support it. Responding to an inquiry from Alderman Glab regarding whether roadway access could be restricted with an overlay district, Deputy City Administrator Martin stated that over time restrictions could be instituted. COMMUNI TY DEVELOPMENT COMMITTEE MEETING Tuesday, August 25, 2009 Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Glab and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin and City Clerk Jones. Also in Attendance: Helen Glab Bill Kloud Chairman Alderman Condon called the meeting to order at 7:00 p.m. Public Input Session No one spoke during the Public Input Session, Discussion Regarding Garage Sales -Continued Deputy City Administrator Martin reiterated to the Committee that at the July 21, 2009 meeting, the Committee discussed a preliminary draft ordinance updating garage sale regulations. He stated that since that meeting several additional provisions have been incorporated into the preliminary draft, including suggestions recommended by the Committee. Deputy City Administrator Martin circulated ared-lined version of a document entitled Garage Sale Regulations. Deputy City Administrator Martin stated that an effort was made to address the following issues: s Not -for -profit organizations holding sales in non-residential areas; e Zoning districts where sales would be permitted; • Sale hours; and ® Issues regarding enforcement. A discussion ensued. Responding to a comment, Deputy City Administrator Martin informed the Committee that enforcement is difficult because garage sales are typically held on weekends when staff is not in attendance. Chairran Alderman Condon addressed some typographical and grammatical issues in the documentI Alderman Glab opined the proposed rules might be too stringent. He inquired whether the fees suggested would cover the cost of an employee to enforce the regulations. Alderman Santi stated he does not see the necessity of having afull-time employee to monitor and enforce garage sale regulations regarding. Chairman Alderman Condon opined that enforcement issues are valid, however; she suggested, with the economy in its current state, it is more feasible to have someone spot check rather than an employee devoted to enforcement of garage sales. Additionally, she suggested that if someone is found to be in non-compliance with Community Development Committee Meeting August 25, 2009 Page 2 the garage sale ordinance whoever is enforcing garage sales should be enabled to sell a permit and the applicant should be penalized at two times the regular fee for a garage sale permit. Mrs. Glab inquired about multi -family garage sales. She asked if two, three or four families gather at one site for a garage sale if that is considered a multi -family or one (1) garage sale. It was determined that since the garage sale is held at one site it is a single-family garage sale, not multi -family as in a subdivision garage sale. A discussion ensued regarding the cost of an application and how many garage sales should be approved per applicant annually. Alderman Glab stated that he believes two garage sales annually per applicant is sufficient. Alderman Glab opined that a permit should be required for the sale of any kind of food item. Chairman Alderman Condon stated she has no issues with food being sold, but that food should not be served. Mr. Kloud informed the Committee that he believes the Committee's discussions to be much ado about nothing. He stated he has never been charged a fee for a garage sale and that he believes an application fee of $5.00 to be an exorbitant amount to charge for a garage sale. On the topic of subdivision garage sales, Alderman Santi indicated he would like to see a standard fee set for subdivision garage sales, rather than a fee per home. The topic of the sale of adult oriented merchandise was broached. Alderman Glab suggested it be regulated the same as it is in retail stores. It should not be accessible to children. Chairman Alderman Condon expressed concerns that no signage would be permitted at multiple entrances to subdivisions. She requested that the wording be revised to, "... multiple entrances, but only one sign per roadway." Alderman Glab stated he would like to see not -for -profit organizations that plan to have rummage sales be required to come before full Council, even if on the Consent Agenda, so Council is aware the event is taking place. Alderman Glab suggested each house participating in the subdivision garage sale should pay $2.00 or $3.00. Alderman Santi suggested $3.00 per house. Following a lengthy discussion, Chairman Alderman Condon suggested that with regard to subdivision garage sales, a flat fee of $15 for the application, plus $1,00 for each house participating in the garage sale, would be reasonable with a review of the fee structure in one year. Chairman Alderman Condon requested that the word "auction" be removed from the definitions as she felt auctions fell into a different category than garage sales. Community Development Committee Meeting August 25, 2009 Page 3 It was the consensus of the Committee to direct Staff to revise the regulations and ordinance further pursuant to input from the Committee and to provide the Committee with a revised version at a future meeting. Deputy City Administrator Martin provided the Committee with a draft of the Highway Overlay District Ordinance C HOD") as discussed at the July 21, 2009 Community Development Committee meeting. Deputy City Administrator Martin informed the Cormittee that the Ordinance is patterned after the City's Downtown Overlay District Ordinance. He reiterated that an overlay ordinance is an ordinance which provides restrictions in addition to those found in the underlying zoning district where it is applicable. The boundaries to which the ordinance is applicable are included in addition to specific development -related guidelines along the roadway corridors. Alderman Glab suggested that the HOD not be site specific. Deputy City Administrator Martin informed the Committee that a HOD could not be created with a single site, but must create a boundary. Alderman Glab opined he would like ever major roadway covered. Chairman Alderman Condon expressed concerns regarding over -regulation, but stated she sees the benefit to the City. Motion by Santi, seconded by Glab to direct Staff to present the Highway Overlay District Ordinance to the City Council for scheduling of a Public Hearing. Aye: Condon, Glab, Santi. Nay: None. Absent: None. Motion carried. Discussion Reeardina Damaging Property And Graffiti Ordinance Revisions Deputy City Administrator Martin informed the Committee that the City currently has an ordinance which addresses damage to property, including graffiti. However, the Ordinance is vague and does not include specific language addressing the removal of the graffiti by the owner of the property that has been vandalized. As an example, Deputy City Administrator Martin cited a recent occurrence where graffiti appeared on the garage of a private commercial property owner but the owner did not want to incur the expense of having the graffiti removed because it has been a recurrent action and having it removed was becoming costly. COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, October 27, 2009 Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Aldennan Condon, Alderman Glab and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin and Deputy City Clerk Kunzer, Chairman Aldennan Condon called the meeting to order at 7:00 p.m. Public Input Session No one spoke during the Public Input Session, Continued Discussion: Garaee Sale Ordinance Deputy City Administrator Martin stated revisions had been made to the proposed Garage Sale Ordinance as per the Committee's recommendation from its August meeting. Modifications included the addition of a provision for applicants who would like to rent out space for charitable organizations or other purposes to appear before Council for approval. The revisions also included the addition of fees required to secure a garage sale permit: $3.00 for individuals; $15.00 plus $1.00/participant for neighborhood/subdivision sales. Deputy City Administrator Martin noted the adult merchandise provision has been added as well as the section relating to the sale of food and/or beverages on premises. A Health Department Permit would be required unless the food/beverages have been exempted under County regulations. Deputy City Administrator Martin sought Committee input regarding the amended ordinance before them for consideration this evening. Alderman Glab requested clarification regarding exemptions to the McHenry County Health Department Permit. Deputy City Administrator Martin responded if food and/or beverage items are pre -packaged and are potentially non -hazardous, no Health Department Permit would be required. Alderman Glab suggested language be inserted in the ordinance stating that if a resident participates in a neighborhood/subdivision sale it would be considered as one of their two garage sales permitted within the calendar year. Deputy City Administrator Martin stated he would make that clarification in the ordinance. Alderman Glab stated he was comfortable with the proposed permit fees. He noted the proposed revisions to the ordinance are good and the ordinance is ready for Council consideration. Alderman Sand stated he is comfortable with the proposed changes including the permit fees as suggested. He inquired if the proposed language would allow for the sale of items such as candy bars. Deputy City Administrator Martin responded the purpose of garage sales is for residents to be able to sell surplus property/goods. It is not intended as a retail commercial enterprise. Community Development Committee Meeting October 27, 2009 Page 2 Chairman Condon inquired if the memo Leordinance is that there can be no sale of food/beverages other than pre -packaged goods. Deputy City Administrator Martin responded the intent is that the applicant would be subject to McHenry County Health Department regulations and permitting requirements if the food/beverages were not exempt. He stated if food is the main attraction, the Health Department permitting process should come into play. Some discussion followed regarding at what point the garage sale applicant would be required to contact the Health Department. Service of lemonade, hot dogs or other food as a draw to a garage sale could require Health Department review and approval. It was noted it would be up to the garage sale applicant to secure Health Department permits if necessary. Deputy City Administrator Martin noted the stipulation in the ordinance that the McHenry County Health Department regulations and requirements must be followed would ensure the City has done its part and would relinquish the City from liability if Health Department regulations are not followed by the garage sale permit holder. Chairman Condon, referencing the possible sale of adult merchandise at garage sales, stated the ordinance should state that it is the garage sale permit holder's responsibility to monitor or restrict access to adult merchandise when it is being displayed. Chairman Condon stated she has some concenrs regarding the implementation of garage sale permit fees. She noted she is agreeable to the neighborhood/subdivision fee of $15 plus $1/resident who participates in the sale. She stated she has reservations regarding the $3 fee being assessed to residents for the garage sale permit. Alderman Santi suggested bringing the discussion to the Council level regarding the implementation of the revised garage sale ordinance. He suggested letting Council decide if it is comfortable assessing garage sale permit fees. Alderman Santi also suggested information should be included in the City Newsletter and on the City website regarding the proposed or implemented changes to the garage sale ordinance. Alderman Glab suggested the size of garage sale signs within the subdivision (for directional purposes) be reduced to a maximum of 3 square feet. Discussion followed regarding the pros and cons of limiting the size and height of directional signs and requiring the signs to be removed at the end of the sale versus the end of the sale day. It was the consensus of the Committee to limit the size of internal subdivision directional signs to a maximum area of 3 square feet. The Committee also recommended that subdivision/neighborhood sale entrance signs be limited to a rnaxinium of 4 feet in height and 20 square feet in area. Motion by Santi, seconded by Glab, to direct Staff to present the Garage Sale Ordinance as amended to Council for consideration. Community Development Committee Meeting October 27, 2009 Page 3 Voting Aye: Santi, Glab, Condon. Voting Nay: None. Absent: None. Motion carried. Continued Discussion: DamaEinp Property and Graffiti Ordinance Revisions Deputy City Administrator Martin stated the City Attorney reviewed the proposed amendment to the Property Damage and Graffiti Ordinance. The City Attorney made some language revisions and amendments. However, the ordinance is basically the same as that presented to the Committee at its August meeting. Referencing the Committee's concern regarding restitution, Deputy City Administrator Martin stated there is a paragraph which covers the requirement that restitution by the violator shall be made to the property owner. It will not be the City's responsibility to ensure that restitution is made, however. Alderman Glab inquired if it would be the City's responsibility to collect the restitution. Deputy City Administrator Martin stated he world clarify language which would relieve the City of any liability or culpability to collect restitution. Chairman Condon expressed her concerns regarding providing only two days for a property owner to remove the graffiti. She suggested the ordinance read compliance should be required within seven days of written notification of the graffiti violation. She stated a homeowner might not have the financial means or the time available or have extenuating circumstances which could prevent compliance within two days. Discussion ensued regarding the timeframe for requiring compliance. Deputy City Administrator Martin stated Staff would prefer retaining the two-day compliance requirement following written notification. He noted the ordinance provides that Staff has the leeway to offer an extension during extenuating circumstances. It was the consensus of the Committee to leave the two-day compliance requirement stand. Motion by Glab, seconded by Santi, to recommend that Staff prepare for presentation to Council the revised Property Damage and Graffiti Ordinance as amended. Voting Aye: Santi, Glab, Condon. Voting Nay: None. Absent: None. Motion carried.