HomeMy WebLinkAboutPacket - 10/17/2006 - City Council mcHenrycityof y
333 South Green Street + ', McHenry,Illinois 60050-5495
COMMUNITY DEVELOPMENT COMMITTEE MEETING
AGENDA
October 17, 2006
7:00 pm
Alderman's Conference Room
TOPICS OF DISCUSSION:
1. King Farm development proposal
2. Riverwalk Vendors
3. Retained Personnel fees in the Subdivision Control Ordinance
4. Code Enforcement
5. Other Business
Clerk's Office and Public Works, Parks and Police
Administration Community Development Recreation (Non-Emergency)
(815)363-2100 (815)363-2170 (815)363-2160 (815)363-2200
Fax(815)363-2119 Fax(815)363-2173 Fax(815)363-3186 Fax(815)363-2149
www.ci.mchenry.il.us
AGENDA SUPPLEMENT
TO: Community Development Committee
FROM: Joseph P.Napolitano,Community Development Director
FOR: October 17,2006,Community Development Committee Meeting
RE: King Farm Redevelopment Proposal
ATTACHMENT: Conceptual Site Plan and Elevation
Staff Analysis
Richard Smith of Concepts &Design, Inc. is pursuing the purchase and redevelopment of the King Farm property
located at Blake Boulevard and McCullom Lake Road. This property is approximately 5.5 acres and is currently
used by the King family for their small farm operations. Onsite is the family's house, the barn and the pens and
feeding areas for the cows. Mr. Smith, including several of his business partners,has met with City Staff to discuss
the possible development of the site and what some of the issues may be. Staff discussed the needed right-of-way
along McCullom Lake Road, engineering and detention requirements and the proximity to the Olde Mills Pond
Subdivision. The architect has created this conceptual site plan and elevation but prior to spending significant
dollars on engineering work,they would like to get further direction from the City.
Proposed site improvements include: a 51,003 S.F. building and a 6,430 S.F. outlot building. The 51,003 S.F.
building is broken up into 34,103 S.F. on the ground floor for retail and 16,900 S.F. on the center second-story
portion for offices. The outlot building is proposed to have both free-standing retail and a restaurant use, which
requires a drive-thru.
The applicant would like to get direction from the City regarding:
• Proposed commercial development on this property
• Proposed 2-story height of the main building
• Other concerns
The site is currently zoned Agriculture in McHenry County. The Future Land Use Map in the Comprehensive Plan
designates the site as Business Park. The adjacent property which also had the Business Park designation has
already been rezoned C-5 Highway Commercial for the Meijer/Home Depot and Kohl's shopping centers. A
commercial zoning designation seems appropriate for this area.
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AGENDA SUPPLEMENT
TO: Community Development Committee
FROM: Joseph P.Napolitano,Community Development Director
FOR: October 17,2006,Community Development Committee Meeting
RE: Proposed Regulations for Riverwalk Vendors
ATTACHMENTS: 1) Chapter 19 of the Municipal Code, Solicitors and Peddlers
2) Draft Text Amendment to Chapter 19 of the Municipal Code
STAFF RECOMMENDATION: To discuss the proposed text amendment and direct staff to prepare a draft
Ordinance for review at the next meeting.
Background
At the August meeting, the Community Development Committee started to discuss regulations for vendors and
peddlers wanting to sell their wares along the Riverwalk. The requirements of Chapter 19 of the Municipal Code
(solicitors and peddlers) were reviewed and Staff posed some general questions to the Committee. The Committee
determined that a license should be required and there should be a limit on the number of licenses issued by the City.
A license would be valid for one calendar year, and preference would be given to in-town businesses. The
Committee also discussed limiting the hours of operation and the types of items to be sold and requested that Staff
put together a list of allowable items.
Staff Analysis
Staff has reviewed the Zoning Ordinance and believes that allowing vendors on the Riverwalk is an appropriate
activity. One concern is that the current peddling license shall not be issued on any property which has a residential
zoning classification. The Riverwalk does not have its own zoning. The walk will run through residentially zoned
property along Weber Park and along the McHenry Villa's property. These areas could be excluded from potential
locations the vendors could choose from or the peddler could be required to obtain a Temporary Use Permit as
described in the Zoning Ordinance.
Staff reviewed the existing Chapter 19 in the Municipal Code and determined several areas would need to be
amended to allow the Riverwalk peddlers. Staff suggests amending; the definition of peddling and adding a
definition for transient merchant, allowing more transient merchant licenses, and adding approval criteria to a
transient merchant license. Staff has prepared a draft of Chapter 19.
The Community Development Committee also discussed having a list of appropriate goods that the transient
merchants would be able to sell. Some things that should be considered include:
• Food and non-alcoholic beverages.
• Candy, ice cream,nuts,popcorn and yogurt.
• Flowers.
• Artwork,caricatures or face painting.
• T-shirts,hats and similar apparel.
• Newspapers and magazines.
• Souvenirs and postcards.
• Balloons, toys or other trinkets.
MUNICIPAL CODE
CHAPTER 19
SOLICITORS AND PEDDLERS*
(MC-93-604)
Sec. 19-1. Definitions.
Terms used in this Chapter shall mean as follows:
Peddling. The selling, bartering or exchanging or the offering for sale, barter or
exchange of any tangible personal property or service upon or along the
streets, highways or public places of the City.
Residence. Every separate living unit occupied for residential purposes by one or more
persons, contained within any type of building or structure.
Soliciting. Seeking to obtain gifts or contributions of money, clothing or any other
valuable thing for the support or benefit of any charitable or non-profit
association, organization, corporation or project.
Solicitor. A person, association, corporation or any entity engaged in soliciting who
represent a charitable or non-profit organization which is named on a list
of such organizations on file in the office of the Secretary of State.
Sec. 19-2. License required.
It shall be unlawful for any solicitor to engage in soliciting or any peddler to engage in peddling
upon any public right-of-way or property within the City without first having obtained a license to do so
from the City. A peddler's license shall not be issued for any peddling, as defined herein,on any property
that has a residential zoning classification.
Sec. 19-3. License application required; contents.
An application for a solicitor's or peddler's license shall be made to the City Clerk upon forms
provided by the City. Such applications shall be sworn to and filed with the City Clerk at least 15 days prior
to the time of which the license applied for shall become effective. The City Clerk may, for good cause
shown,allow the filing of an application less than 15 days prior to the effective date of the license applied
for. The application shall contain the following information, or in lieu thereof,a detailed statement of the
reason or reasons why such information cannot be furnished:
* Cross Reference-Peddling alcoholic liquor prohibited. Sec.4-19;soliciting alms or contributions in
parks, Sec. 16-32; peddling in parks, Sec. 16-40.
600
(a) The name,business and residence addresses,social security number and date of birth of the
person applying for the license. If applying for a peddler's license, an Illinois retailer's
occupation tax number is required;
(b) If the applicant is an organization, the names and residence addresses or the organizations'
principal officers and managers;
(c) The purpose for which such solicitation or peddling is to be made and the use or disposition
to be made of any receipts;
(d) The names and addresses of the person or persons by whom the receipts of such solicitations
or peddling shall be disbursed;
(e) The name, address and birth date of the person or persons who will be in direct charge of
conducting the solicitation or peddling; the names of all promoters connected or to be
connected with the proposed solicitation or peddling; and the year, make, color, plate
number and State of registration of the vehicle(s)being used in the solicitation or peddling;
(f) The hours of the day when such solicitations or peddling will be made giving the preferred
dates for the beginning and ending of such solicitation or peddling;
(g) A statement to the effect that if the license is granted, it will not be used or represented in
any way as an endorsement by the City or by any of its departments or officers;
(h) Whether the applicant, or the person soliciting or peddling on its behalf pursuant to the
license applied for, has ever been convicted of a violation of any ordinance of any
municipality regarding soliciting or peddling;
(i) Whether the applicant, or any person soliciting or peddling on its behalf pursuant to the
license applied for has ever been convicted of the commission of a felony under the laws of
any state or a federal law of the United States;
(j) A certified copy of the resolution or letter on organization or company letterhead authorizing
such solicitation or peddling; the certification shall be by the officer having charge of the
organization's records;
(k) If the applicant is a solicitor, and if requested by the City Clerk, a letter from the Illinois
Attorney General certifying it is a bona fide charitable organization;
(1) Such other information as may be required by the City Clerk to enable the Clerk to
determine the kind and character of the proposed solicitation or peddling and whether such
solicitation or peddling is not adverse to the public welfare.
601
Sec. 19-4. Licensing standards.
When considering whether to issue a license, the City Clerk shall consider the following:
(a) No more than two solicitor's licenses in residential areas shall be issued for the same month
for which the application has been made.
(b) Where solicitation or peddling is to be conducted in the public places of the City, two
licenses may be issued in the following order of preference with respect to pending
applications:
First: To those applicants whose solicitation request is coordinated with a national or
statewide financial drive. The following are illustrative of such drives:
Rotary Club, Easter Seal, United Way, Poppy Day, Salvation Army Donut
Day, Kiwanis Peanut Day, Lion's Candy Day and Knights of Columbus
Tootsie Roll Day.
Second: To such other persons, organizations or groups as may be approved by the
City Clerk.
(c) Whether the applicant is of good character and has a reputation for honesty and integrity. In
the event the applicant is not an individual person,whether every member,managing officer
or agent of the applicant is of good character and has a reputation for honesty and integrity.
(d) Whether control and supervision of the solicitation or peddling will be under a responsible
and reliable person. Supervision must be by persons who are at least 18 years of age.
(e) Whether the applicant has engaged in any fraudulent transaction or enterprise.
(f) No solicitation or peddling shall be permitted of persons in motor vehicles.
Sec. 19-5. License fee.
Before any peddler's license is issued, the following fees shall be paid to the City Clerk:
Basic license fee: . . . . . . . . . . . . . . . . . . $50.00
Additional fee for each person authorized to peddle: . $5.00
Sec. 19-6. License duration.
No license may grant the right to solicit or peddle longer than 30 days from its date, although the
City Clerk may extend the license for not more than 30 days upon a showing that unnecessary hardship
would be created by such failure to extend.
602
Sec. 19-7. License non-transferable; return on expiration.
Any license issued under this Chapter shall be non-transferable and shall be returned to the City
Clerk within 2 days of its date of expiration, together with all facsimile copies thereof.
Sec. 19-8. Fraud and misrepresentation.
It shall be unlawful for any solicitor or peddler to engage in any fraud,cheating or misrepresentation,
whether through himself or through an employee,while soliciting or peddling in the City.
Sec. 19-9. Altering information in application.
If,while any application is pending,or during the term of any license granted thereon,there is any
change in information given in the application, the applicant shall notify the City Clerk in writing thereof
within 24 hours after such change.
Sec. 19-10. Solicitor not to enter or remain on premises of another after notice.
(a) No solicitor shall enter upon the land,or any part thereof,of another after receiving notice,prior
to such entry,from the owner,occupant or person entitled to possession of the premises,that there are to be
no solicitors or remain upon the land of another, after receiving such notice.
(b) A solicitor shall be deemed to have received notice from the owner,occupant or person entitled
to possession of the premises, within the meaning of this Section, when he has been notified personally,
either orally or in writing, or if a printed or written notice stating "No Solicitors" has been conspicuously
posted or exhibited at the main entrance to the land or premises.
(c) It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any
premises and ring the doorbell upon or near any door,or create any sound in any other manner calculated to
attract the attention of the occupant of any premises, for the purpose of securing an audience with the
occupant thereof and engage in soliciting in defiance of the notice exhibited at any premises in accordance
with the provisions of this Section.
(d) Any solicitor who has gained entrance to any residence, whether invited or not, shall
immediately and peacefully depart from the premises when requested to do so by the occupant.
Sec. 19-11. Hours of solicitation in residential areas.
It is hereby declared to be unlawful and shall constitute a nuisance for any person,whether licensed
pursuant to this Chapter, or not,to go upon any premises and ring the doorbell upon or near any door of a
residence located thereon, or rap or knock upon any door, or create any sound in any other manner
calculated to attract the attention of the occupant of such residence for the purpose of securing an audience
with the occupant thereof
603
and engage in soliciting,prior to 9:00 a.m.or after 9:00 p.m.on any weekday,or any time on a Sunday or on
a state or national holiday.
Sec. 19-12. Appeal.
Any applicant for a solicitor's license or a peddler's license,whose application is denied by the City
Clerk, may seek review of the Clerk's denial within 15 days thereof before the City Council. This review
process must be exhausted before suit is filed to compel approval of the application.
604
(The next page is 630)
MUNICIPAL CODE
CHAPTER 19
SOLICITORS AND TRANSIENT MERCHANTS *
(MC-93-604)
Sec. 19-1. Definitions.
Terms used in this Chapter shall mean as follows:
Peddling. The selling, bartering or exchanging or the offering for sale, barter
or exchange of any tangible personal property or service upon or
along the streets, highways or public places of the City where the
person does not own or lease for a term of at least 6 months, the
property from which business is conducted.
Transient
Merchant. A person, association, corporation or any entity engaged in
peddling.
Residence. Every separate living unit occupied for residential purposes by one
or more persons, contained within any type of building or structure.
Soliciting. Seeking to obtain gifts or contributions of money, clothing or any
other valuable thing for the support or benefit of any charitable or
non-profit association, organization, corporation or project.
Solicitor. A person, association, corporation or any entity engaged in
soliciting who represent a charitable or non-profit organization
which is named on a list of such organizations on file in the office
of the Secretary of State.
Sec. 19-2. License required.
It shall be unlawful for any solicitor to engage in soliciting or any peddler to engage in
peddling upon any public right-of-way or property within the City without first having obtained a
license to do so from the City. A transient merchant's peddler's license shall not be issued for any
peddling, as defined herein, on any property that has a residential zoning classification, unless the
transient merchant obtains a Temporary Use permit as defined in the Zoning Ordinance.
Sec. 19-3. License application required; contents.
An application for a solicitor's or transient merchant's peddler's license shall be made to
the City Clerk upon forms provided by the City. Such applications shall be sworn to and filed
with the City Clerk at least 15 days prior to the time of which the license applied for shall become
effective. The City Clerk may, for good cause shown, allow the filing of an application less than
15 days prior to the effective date of the license applied for. The application shall contain the
following information, or in lieu thereof, a detailed statement of the reason or reasons why such
information cannot be furnished:
2
* Cross Reference - Peddling alcoholic liquor prohibited. Sec. 4-19; soliciting alms or
contributions in parks, Sec. 16-32; peddling in parks, Sec. 16-40.
(a) The name, business and residence addresses, social security number and date of
birth of the person applying for the license. If applying for a transient merchant's
peddler's license, an Illinois retailer's occupation tax number is required;
(b) If the applicant is an organization, the names and residence addresses or the
organizations'principal officers and managers;
(c) The purpose for which such solicitation or peddling is to be made and the use or
disposition to be made of any receipts;
(d) The names and addresses of the person or persons by whom the receipts of such
solicitations or peddling shall be disbursed;
(e) The name, address and birth date of the person or persons who will be in direct
charge of conducting the solicitation or peddling; the names of all promoters
connected or to be connected with the proposed solicitation or peddling; and the
year, make, color, plate number and State of registration of the vehicle(s) being
used in the solicitation or peddling;
(f) The hours of the day when such solicitations or peddling will be made giving the
preferred dates for the beginning and ending of such solicitation or peddling;
(g) The proposed location for the soliciting; or peddling.
(h) A statement to the effect that if the license is granted, it will not be used or
represented in any way as an endorsement by the City or by any of its departments
or officers;
(i) Whether the applicant or the person soliciting or peddling on its behalf pursuant to
the license applied for, has ever been convicted of a violation of any ordinance of
any municipality regarding soliciting or peddling;
(j) Whether the applicant or any person soliciting or peddling on its behalf pursuant to
the license applied for has ever been convicted of the commission of a felony
under the laws of any state or a federal law of the United States;
(k) A certified copy of the resolution or letter on organization or company letterhead
authorizing such solicitation or peddling; the certification shall be by the officer
having charge of the organization's records;
(1) If the applicant is a solicitor, and if requested by the City Clerk, a letter from the
Illinois Attorney General certifying it is a bona fide charitable organization;
(m) Such other information as may be required by the City Clerk to enable the Clerk to
determine the kind and character of the proposed solicitation or peddling and
whether such solicitation or peddling is not adverse to the public welfare.
3
Sec. 19-4. Licensing standards.
When considering whether to issue a license, the City Clerk shall consider the following:
For Solicitors:
(a) No more than two solicitor's licenses in residential areas shall be issued for the
same month for which the application has been made.
(b) Where solicitation or-peddling is to be conducted in the public places of the City,
two licenses may be issued in the following order of preference with respect to
pending applications:
First: To those applicants whose solicitation request is coordinated with a
national or statewide financial drive. The following are illustrative
of such drives: Rotary Club, Easter Seal, United Way, Poppy Day,
Salvation Army Donut Day, Kiwanis Peanut Day, Lion's Candy
Day and Knights of Columbus Tootsie Roll Day.
Second: To such other persons, organizations or groups as may be approved
by the City Clerk.
(c) Whether the applicant is of good character and has a reputation for honesty and
integrity. In the event the applicant is not an individual person, whether every
member, managing officer or agent of the applicant is of good character and has a
reputation for honesty and integrity.
(d) Whether control and supervision of the solicitation or peddling will be under a
responsible and reliable person. Supervision must be by persons who are at least
18 years of age.
(e) Whether the applicant has engaged in any fraudulent transaction or enterprise.
(f) No solicitation or-peddling shall be permitted of persons in motor vehicles.
For Transient Merchants:
(a) No more than twelve transient merchant licenses shall be issued in any one
calendar year. Ten transient merchant licenses shall be reserved for the Riverwalk.
(b) Where peddling is to be conducted in the public places of the City, licenses may be
issued in the following order of preference with respect to pending applications:
First: To those applicants who own or operate a business within the City
of McHenry. Local business applications shall have preference
over out-of-town businesses.
Second: Based on the selected location of such peddling. Two licenses shall
be issued for City wide peddling activity, whereas, 10 licenses shall
be reserved for Riverwalk peddling activity. The Riverwalk shall
4
have 10 designated areas where such peddling activity may take
place. These designated areas are first come, first serve.
Third: Based on the desired goods for sale. No more than two licenses
shall be issued for the Riverwalk to transient merchants providing
the same or similar goods for sale, (i.e. no more than two apparel
merchants, or no more than two flower merchants).
(c) Whether the applicant is of good character and has a reputation for honesty and
integrity. In the event the applicant is not an individual person, whether every
member, managing officer or agent of the applicant is of good character and has a
reputation for honesty and integrity.
(d) Whether control and supervision of the peddling will be under a responsible and
reliable person. Supervision must be by persons who are at least 18 years of age.
(e) Whether the applicant has engaged in any fraudulent transaction or enterprise.
(f) No peddling shall be permitted of persons in motor vehicles.
Sec. 19-5. License fee.
Before any peddler's license is issued, the following fees shall be paid to the City Clerk:
Basic soliciting license fee: . . . . . . . . . . . . . . . . . . . $50.00
Basic transient merchant license fee: . . . . . . . . . . . $100.00
Additional fee for each person authorized to peddle: .$5.00
Sec. 19-6. License duration.
No license may grant the right to solicit of!peddle longer than 30 days from its date,
although the City Clerk may extend the license for not more than 30 days upon a showing that
unnecessary hardship would be created by such failure to extend.
No license may grant the right to peddle longer than 30 days from its date, unless it is in
the Riverwalk. A license may be granted for a period of up to I year from its date for the
Riverwalk transient merchants.
Sec. 19-7. License non-transferable; return on expiration.
Any license issued under this Chapter shall be non-transferable and shall be returned to
the City Clerk within 2 days of its date of expiration, together with all facsimile copies thereof.
Sec. 19-8. Fraud and misrepresentation.
It shall be unlawful for any solicitor or peddler to engage in any fraud, cheating or
misrepresentation, whether through himself or through an employee, while soliciting or peddling
in the City.
5
Sec. 19-9. Altering information in application.
If, while any application is pending, or during the term of any license granted thereon,
there is any change in information given in the application, the applicant shall notify the City
Clerk in writing thereof within 24 hours after such change.
Sec. 19-10. Solicitor not to enter or remain on premises of another after notice.
(a) No solicitor shall enter upon the land, or any part thereof, of another after receiving
notice, prior to such entry, from the owner, occupant or person entitled to possession of the
premises, that there are to be no solicitors or remain upon the land of another, after receiving such
notice.
(b) A solicitor shall be deemed to have received notice from the owner, occupant or
person entitled to possession of the premises, within the meaning of this Section, when he has
been notified personally, either orally or in writing, or if a printed or written notice stating "No
Solicitors" has been conspicuously posted or exhibited at the main entrance to the land or
premises.
(c) It is hereby declared to be unlawful and shall constitute a nuisance for any person to go
upon any premises and ring the doorbell upon or near any door, or create any sound in any other
manner calculated to attract the attention of the occupant of any premises, for the purpose of
securing an audience with the occupant thereof and engage in soliciting in defiance of the notice
exhibited at any premises in accordance with the provisions of this Section.
(d) Any solicitor who has gained entrance to any residence, whether invited or not, shall
immediately and peacefully depart from the premises when requested to do so by the occupant.
Sec. 19-11. Hours of solicitation in residential areas.
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether
licensed pursuant to this Chapter,or not,to go upon any premises and ring the doorbell upon or
near any door of a residence located thereon, or rap or knock upon any door,or create any sound
in any other manner calculated to attract the attention of the occupant of such residence for the
purpose of securing an audience with the occupant thereof and engage in soliciting, prior to 9:00
a.m. or after 9:00 p.m. on any weekday, or any time on a Sunday or on a state or national holiday.
Sec. 19-12. Hours of Peddling.
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether
licensed pursuant to this Chapter, or not, to conduct peddling activities prior to 9:00 a.m. or after
9:00p.m. on any weekday or weekend.
Sec. 19-13. Appeal.
Any applicant for a solicitor's license or a peddler's license, whose application is denied by the
City Clerk, may seek review of the Clerk's denial within 15 days thereof before the City Council.
This review process must be exhausted before suit is filed to compel approval of the application.
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6
AGENDA SUPPLEMENT
TO: Community Development Committee
FROM: Joseph P.Napolitano,Community Development Director
FOR: October 17,2006,Community Development Committee Meeting
RE: Proposed Amendments to the Subdivision Control Ordinance and Municipal Code,
Application and Retained Personnel fees
STAFF RECOMMENDATION: To review the proposed fee amendments and offer comments for revision at a
future meeting.
Background
Community Development Staff has been working closely with the Finance Department to ensure that developers are
keeping positive balances in their retained personnel accounts and paying promptly when billed. The finance
department has had to frequently bill applicants because the initial deposits required by the City do not cover the
typical bill costs. To remedy this problem, Staff would propose amending the Subdivision Control Ordinance to
establish more realistic fees. Below is the existing fee structure established in the SCO.
3.4 Fees and Deposits.
A. Application Fees.
The following fee shall be paid upon filing a plat of subdivision with the City-
Preliminary Plat$250
Final Plat$250 for the first 2 acres;
plus$10 for each additional acre;plus a maintenance fee of$3,000 per cul-de-sac
B. Retained Personnel Fees and Expenses.
A subdivider or developer shall deposit,pay and reimburse the City for any and all administrative expenses and
costs,and for any and all fees, salaries or compensation incurred and charged to the City by retained personnel
in connection with planning,reviewing,evaluating,advising,approving,recording,inspecting or accepting any
development,preliminary or final plat,engineering plans, or subdivision improvements.
1.The following amount shall be deposited into a specified account with the City upon filing an application for a
development permit,preliminary plat,or final plat,which shall be used toward administrative and retained
personnel expenses and costs:
- Less than 1 acre$500.00
- 1 to 5 acres$400.00 per acre or fraction thereof,but not less than$1,000.00
- 5 to 10 acres$300.00 per acre or fraction thereof,but not less than$2,000.00
-Over 10 acres$200.00 per acre or fraction thereof,but not less than$3,000.00
Below are several examples of developments in the City and the expenses they have incurred.
Project Name Project Type Initial Fees Required To Date Billed Amount
Liberty Trails Subdivision $12,900 $80,000
Shamrock Legend Lake Subdivision $120,000 $297,000
Shops @ Fox River Development $8,000 $79,000
Oakrid a Commercial Development $960 $3,562
Pappas Zoning $960 $1,734
Goy Zoning $960 $1,000
Staff Analysis
The fees for large subdivisions or complex zoning cases are not covered by the initial retained personnel deposit.
Staff believes this gives the applicants a false sense of the expenses they will incur for a project. Retained Personnel
accounts cover legal bills, recording, engineering reviews and engineering construction observation. Due to
inflation, the cost of engineering services has increased. The City is also asking our current contract engineers to
perform more duties than previously required. Both of these factors have led to higher engineering bills and this is
where most of the applicant's expenses are. Increasing the initial retained personnel deposit will give applicants a
better idea of expenses they can expect to incur and will lessen the impacts on the Finance Department.
Staff also looked at application fees. Application fees go into the General Fund and help cover staff's costs.
Currently the Municipal Code requires a $360 application fee and $100 sign fee totaling $460 for staffs expenses.
The Subdivision Code requires a $250 application fee for Preliminary and Final Plats. There is no application fee
required for Developments or Variation requests.
Staff proposes amending the fees as follows:
Request App. fee/RP fee New App. fee/RP fee
Minor Variance $175/$250 $175/$250
Rezoning/CUP/ $460/$500 ($960) $450/$500 ($950)
Variance/ If multiple zoning requests are
made i.e.rezoning and CUP
then the RP fee shall double to
$1000 ($1450)
Preliminary Plat $250/ < lacre=$500 $450/ 0-4 acres=$900/ac
1-5 acres= $400/ac 5-9 acres=$700/ac
5-10 acres= $300/ac 10+acres=$500/ac
10+acres=$200/ac
Final Plat $250/ < lacre=$500 $450/ 0-4 acres=$900/ac
1-5 acres=$400/ac 5-9 acres=$700/ac
5-10 acres=$300/ac 10+acres=$500/ac
10+acres=$200/ac
Developments(site plan) $0/ < lacre=$500 $450/ 0-4 acres=$900/ac
This may also be in 1-5 acres=$400/ac 5-9 acres=$700/ac
conjunction with a 5-10 acres=$300/ac 10+acres=$500/ac
zoning request 10+acres=$200/ac
Variation from SCO $0/$0 $450/$500 ($950)
Based on the proposed fees above, the aforementioned projects would have been required to pay the following
Retained Personnel deposits.
Project Name Project Type Initial Fees Required New Fee Required To Date Billed Amount
Liberty Trails Subdivision $12,900 $50.000(100ac) $80,000
Shamrock Legend Lake Subdivision $120,000 5300,000(600ac) $297,000
Shops @ Fox River Development $8,000 518,450 (36ac) $133,000
Oakrid a Commercial Develo ment/Zon. $960 53,160(1.4ac) $3,562
Pappas Zoning $960 51.450(2 a s.) $1,734
Goy Zoning $960 5950 $1,000
Staff does not want to make the fee so high as to discourage development,or to hold onto the applicant's money for
years and years, but we do want to try to come closer to what actual costs will be. It has been difficult for Finance
staff to continually bill and wait for payments for projects. This also puts the City is a bad situation with us having
to pay the bills then wait for the reimbursement by applicants. Staff feels the proposed fees are reasonable and will
affect larger scale developers who understand that these costs are a part of doing business.
AGENDA SUPPLEMENT
TO: Community Development Committee
FROM: Joseph P.Napolitano,Community Development Director
FOR: October 17,2006,Community Development Committee Meeting
RE: Code Enforcement Procedures
ATTACInIENTS: 1) Ord r-.nce Violatinn Notice
2) Ticket
3) Chapter 1-12 of the Municipal Code, Settlement of Offenses
STAFF RECOMMENDATION: To direct Staff to prepare a proposed text amendment for the next committee
meeting.
Background
Another goal this year for the Community Development Committee was to discuss code enforcement procedures.
Code enforcement issues are one of the most visible in a community and have the biggest impact on property values
and the condition of neighborhoods.
The Community Development Department currently has one full-time Code Compliance Inspector. A portion of the
duties of the Inspector I are also devoted to code enforcement activities. From May 2005 to May 2006, the
department investigated 654 complaints, such as tall grass/weeds, no building permit, inoperable vehicles,
overcrowding, signs in the right-of-way, etc. The majority of these complaints were resolved in one to 30 days,
depending on the magnitude of the complaint. During that same time period, 12 property owners were sent through
the Administrative Adjudication process because they would not comply within the parameters established by Staff.
These violators were levied heavier fines and all were resolved.
The process Staff follows when investigating a complaint is:
1. Document the violation by taking photographs.
2. The inspector will either leave a door knocker at the site, or will send a form letter to the property owner,
specifying what the violation is and how long the person has to correct the violation.
3. A follow up inspection is made and if the violation is corrected,the case is closed.
4. If the violation still exists,an ordinance violation notice is sent out again specifying the violation and how
long the person has to correct the violation.
5. If the violation is still not corrected,a ticket is issued.
6. The fine doubles if the violation is still not corrected.
7. Ultimately, a hearing is scheduled before the Administrative Adjudication Officer.
Generally,within 4 weeks of receiving a compliant,it is either resolved or a hearing date has been established.
Staff Analysis
Staff is interested in hearing comments from the Committee on current procedures described above and the forms
currently in use. One of the things Staff would like the Committee to consider is to increase the fines associated with
code compliance violations. Currently, the department can issue a ticket for code violations. The fine is$25 for most
offenses ($50 for others) if the complaint is resolved within 7 days, and doubles to $50 (or $100)if the complaint is
resolved in 8 to 14 days. This procedure was established in 1994 and has not been changed since then.
Unfortunately, a $25 fine is not much of a deterrent. Staff would like to see the fines start at $50 and increase to
$100. Staff believes that increasing the fine would make the offenders take notice and promptly correct their
violation.
Staff will incorporate the above change and any other changes recommended by the Committee into an ordinance for
discussion at the next Committee meeting.
city Of McHenry
16, V
McHenry,Illinois 60050-5495
t r
333 South Green Street x.
ORDINANCE VIOLATION NOTICE
State of If 1vlcHenry )
is
County o
City of McHenry )
DEVLLOPMENT DIRECTOR for
The undersigned JOSEPH P.first oath d and says:
CO
the City of McHenry, being , McHenry, II-•
1) That he inspected the premises commonly known as
2) That the OWNER (S) of the aforesaid premise is '
McHenry, II.60050
3).That he found the following violation/s of City Ordinance/s:
a)
MUNICIPAL CODE Chapter 27, Section 27-2, Inoperable vehicle hereby declared
nuisance' Section 11-184' No occupant of a dwelling unit
b) MUNICIPAL CODE, Chapter 11, metal or other materials,
rubbish scrap of a recreational vehicle
shall accumulate trash, ' ter VII,B.8, Parking
c) ZONING ORDINANCE, surface is not allowed.
(snowmobile) on an unapp
4) That in order to bring these premises into compliance, the following shall be done:
a) The inoperable vehicle must be removed from the premises.. ded.
b) The trash in the bed mpovk- tpo a paved surfack must be e or int the garage.
c) The snowmobile must
You are hereby notified that the above violations must be corrected WITHIN 7 DAYS or further
legal action will be initiated to compel compliance.
Dated at McHenry, Illinois this 191 day of August at 2:30 P.M.
Community Development Director
I, JOSEPH P. NAPOLITANO, served a copy of the notice on August 1, 2005 by mailing to:
McHenry,
Signed and sworn to before me this ls' day of August 2005.
Notary Public
Cc Community Development Director Public works Police
u , Parks and
Cler�qb�if�l�nd P Recreation (Non-Emergency)
Administration Community Development 815 363-2200
(815)363-2100 (815)363-2170 (815)363-2160 Fax(g15)363-2149
Fax(815)363-_119
Fax(815)363-2173 Fax(815)363-3196
www.ci.mchenry.il.us
ATE OF ILLINOIS IN THE 19 JUDICIAL DISTRICT OF THE CIRCUIT COURT OF MoHENRY COUNTY,IWNOIS. .. l
' ;..vTML NTY OF McHENRY CITY OF WHENRY BZ O B 3 5 3.7: .
COMPLAINANT A.Municw Corporation:
' NOTICE TO APPEAR DUE DATE WASt
'TO THE DEFENDANT HEREINAFTER NAMED: MONTH DATE YEAR
- You are hereby notified to appear before the Circuit Court of McHenry County at the address and at the data and
time shown at right,to respond to the charge described in the following Complaint i9
YOUR FINAL NOTICE DATE WAS
COMPLAINT MONTH DATE YEAR
V< The Complainant named above by its Agent,on oath states that: 19 1
defendant herein COURT
j :;;L' l DAY tAON1N DATE YEAR did violate Section MONTH DATE YEAR f
,H,` ---—-----------------------------------------------------
m 19 on 19 t
_._... — HOUR HOUR ---__---.of the local orcWrertoe
f �.. d 'AM PM ---------------------------------------------------------- of M In the courtroom t
at
r 333_S.GREEN ST.
In said Municipality by(described act)
1
., WHENRY,IL 60050
MAKE COLOR LICENSE NUMBER STATE and YEAR VEHICLE TAO WO. MUNICIPALITY and YEAR
.�:....
--- ---- `rid further states that he has reasonable greteds to believe the defendant guilty as charged
THE CITY.OF WHENRY .
333 S.GREEN'ST. i
brthe above named Munk*w ty by: Its Agent
9bscdbed and swum WHENRY,IL 60050
b before me We day of 19
rPptMy Notall
for this viotation If it had bow Penalty'for this violation If It had been
3, rd violation corrected BEFORE twe Data, $ 00 and violation corrected BEFORE Fl Notloe Date $ .00
• r
roved she shall note on the margin of the section or sections amended that such amendment
be ade,with a reference to the place in the amendment book,hereinafter described,w e
amen may be found; and in the case of an addition,she shall mark in the appro place a
notation th ch addition has been made, with a similar reference to the rementioned
amendment boo .
The City Clerk shall also a separate book containing every ent or addition passed to
thi Code, with a reference on each of such amendment or ad ' as to the place in the record o
or nances where the original ordinance be found.
The above mentioned records shall be kep ion to the record of ordinances which the Ci
Cl k is required to keep by statatz.
S 1-10. Distribution of Code.
All of the printed copies s Code belonging to the City shall osited with the City Cler
S shall deliver one copy t of to each member of the Council, and copies ch other persons as
C cil may direct.
S . 1-11. Cb for Code.
easonable charge to defer the cost of printing and handling may be made to any person w
d co ie o not entitled to a copy under Section 1-10,and such sum shall be collected b
er .
See. 1-12, Settlement of Offenses (MC-94-608)
A. Payments Any ofthe following described offenses arising under the ordinances of the City may
be settled and compromised by the offender in the following manner: when settlement payment is made
within seven days of the time a notice is delivered to the offender,settlement payment shall be those figures
listed in Column A;when settlement payment is made between the 8th and 14th day of the time a notice is
delivered to the offender, settlement payment shall be those figures listed in Column B.
SECTION OFFENSE COLUMN A COLUMN B
3-1 Posting signs, ROW $ 25.00 $ 50.00
6-2 Keeping animals 25.00 50.00
6-5 Noisy animals 25.00 50.00
6-9 Removal of animal excrement 25.00 50.00
7-2 No building permits 50.00 100.00
7-5 Duration of permit 25.00 50.00
7-7 Occupancy certificate required 50.00 100.00
7-8 Compliance with regulations 25.00 50.00
7-14 Street use restricted 25.00 50.00
7-16 Construction safeguards 25.00 50.00
7-21 Garage required 25.00 50.00
-5-
SECTION OFFENSE COLUMN A COLUMN B
7-24 Burning construction waste 50.00 100.00
7-25 Waste material storage 25.00 50.00
7-38 Rough-In Inspection 25.00 50.00
7-93 Substandard structures 25.00 50.00
7-112 Fence Permit Required 25.00 50.00
7-113 Fence Standards 25.00 50.00
7-114 Residential fences 25.00 50.00
7-115 Non-residential fences 25.00 50.00
7-116 Dangerous, encroaching fences 25.00 50.00
7-145 Portable sign permit 25.00 50.00
7-153 Parabolic Dish-residential 25.00 50.00
7-155 Parabolic Dish-non-residential 25.00 50.00
7-225 Int'l Prop. Maintenance Code 25.00 50.00
10-18 Burning rubbish 25.00 50.00
10-19 Burning leaves 25.00 50.00
10-20 Burning at night 25.00 50.00
10-21 Paper fire conditions 25.00 50.00
11-79 Refuse containers 25.00 50.00
11-85 Refuse disposal in streams 25.00 50.00
11-86 Refuse collection, frequency 25.00 50.00
11-89 Storage of garbage containers 25.00 50.00
11-90 Accumulation of garbage 25.00 50.00
11-179 Storage/disposal of rubbish 25.00 50.00
11-181 Refuse containers capacity 25.00 50.00
11-182 Landlord provide refuse cont 25.00 50.00
11-183 Extermination required 25.00 50.00
11-184 Accumulation of rubbish, etc. 25.00 50.00
11-185 Rodent harborage 25.00 50.00
11-187 Minimum heat requirements 25.00 50.00
11-191 Kitchen required 25.00 50.00
11-192 Water closet required 25.00 50.00
11-193 Lavatory sink required 25.00 50.00
11-194 Bathtub required 25.00 50.00
11-201 Dwelling unit,keep/good repair 25.00 50.00
11-202 Gutters, good condition 25.00 50.00
11-203 Units/premises rodent-free 25.00 50.00
11-205 Accessory struct., good repair 25.00 50.00
11-206 Plumb pipes/fixt, good repair 25.00 50.00
11-207 Bathroom firs impervious/water 25.00 50.00
11-208 Utility services maintained 25.00 50.00
11-209 Negligent housing management 25.00 50.00
14-8 (G) Construction hours 25.00 50.00
14-22 Ice boxes, air tight cont 25.00 50.00
21-7 Obstruction of street,etc. 50.00 100.00
21-8 Street repair barricades 50.00 100.00
21-10 Public land use 50.00 100.00
6
SECTION OFFENSE COLUMN A COLUMN B
21-11 Obstruct open ditches, drains 50.00 100.00
21-16 Deposits on streets 50.00 100.00
21-17 Deposits on sidewalks 50.00 100.00
21-18 Removal of sidewalk deposits 50.00 100.00
21-19 Burning on public streets 50.00 100.00
21-23 Unlawful curb cut 50.00 100.00
21-32 Permit, street excavation 50.00 100.00
21-39 Restore street surface 50.00 100.00
21-58 Driveway specifications 50.00 100.00
22-3 Swim pool permit 25.00 50.00
22-8 Swim pool location 25.00 50.00
22-15 Swim pool electr requirements 25.00 50.00
22-20 Swim pool fence requirements 25.00 50.00
2 -26 � ceds, nuisance z- 50.00
24-27 Parkway maintenance 25.00 50.00
26-20 Water meter required 25.00 50.00
26-35 Private water wells prohib 25.00 50.00
26-36 Water connection required 25.00 50.00
26-73 Sewer connection required 25.00 50.00
26-89 Septic system approval 25.00 50.00
27-2 Inoperable vehicle $ 25.00 $ 50.00
28-5 Site development permit 25.00 50.00
Zoning Ordinance 86-382:
IV.A(1) Home Occupations 25.00 50.00
VII.A(7) Motor vehicle storage/repair 25.00 50.00
VII.A(10) Parking area maintenance 25.00 50.00
VII.B(4) Parking area surfacing 25.00 50.00
VII.B(8) Parking, RV 25.00 50.00
VU.B(9) Parking, commercial vehicle 25.00 50.00
IX.B(4) Sign,prohibited 25.00 50.00
IX.B(6) Sign,non-conforming 25.00 50.00
IX.B(7) Sign,maintenance &repair 25.00 50.00
IX.C(1) (d) Sign,removal, abandoned 25.00 50.00
IX.D Sign standards 25.00 50.00
X Table 19,yard obstructions 25.00 50.00
X Table 20, accessory structure 25.00 50.00
B. Settlements: Settlement payments shall be made to the City Building and Zoning Department,who shall
provide the alleged offender with a receipt in the amount of such payment. As a condition precedent to the right of
an offender to settle under this section, the offender shall be required to first correct the violating offense (e.g.
nuisance removed, appropriate license or permit purchased, etc.)
C. Disposition of Payments: The amounts paid to the City Building and Zoning Department in settlement
of the foregoing claims shall be promptly deposited by the City Building and Zoning Department with the City
Clerk. Upon receipt by the City Treasurer the amounts shall be credited to the General Fund.
7
D. Prosecution: If settlement payment is not received and the offense is not corrected pursuant to Section
1-12-B,the City may have a sworn complaint issued and prosecute the matter in the Circuit Court.
-8-
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