Committee of the Whole

COMMITTEE OF THE WHOLE Monday, July 22, 2013 Immediately Following Special City Council at 7pm City Hall Council Chambers 109 James Street Geneva, IL 60134 AGENDA 1. Call to Order 2. Consider Consent Agenda *3. Approve Committee of the Whole Minutes from July 8, 2013 4. Items of Business a. Recommend Approval of Request by Geneva Lions for Use of Parking Spaces September 9-10, 2013 for Hearing Screen Bus Event. b. Recommend Approval of Request by Knights of Columbus for Use of Right-of-Ways for Donation Solicitation September 20-22, 2013. c. Recommend Draft Resolution Authorizing Execution of Illinois Dept. of Commerce & Economic Opportunity Solar Grant in the Amount of $246,184.00. d. Recommend Draft Ordinance Amending Nicolaou PUD Postponing Demolition and Reduced Parking Spaces at Me & Dad’s Toys – 700 & 720 E. State Street. e. Recommend Draft Ordinance Amending Title 12 (Subdivision Ordinance) Related to Application Fees and Deposit Requirements for Plan Commission Reviews. f. Recommend Amendment to Liquor Code (Title 4, Chapter 2), Related to Fencing Requirements. g. Operations Update on Prairie State Energy Campus. 5. New Business 6. Upcoming Meetings: Committee of the Whole: August 12, 2013 7. Adjournment  COMMITTEE OF THE WHOLE MINUTES JULY 8, 2013 Present: Mayor Burns, Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer Absent: Ald. Vogelsberg Also Present: McKittrick, Dawkins, Divita, Buffington, VanGyseghem, Dahl 1. Call to Order Chairman Bruno called the meeting to order at 7:00pm noting that Ald. Vogelsberg was absent. 2. Consider Consent Agenda Moved by Ald. Brown, second by Ald. Flanagan V/V: 9-0 Motion carried. *3. Approve Minutes from June 24, 2013 Approved on Consent Agenda 4. Items of Business a. Recommend Approval of Request for City Services and City Right-of-Ways by Geneva Chamber of Commerce for Festival of the Vine September 6-8, 2013. Moved by Ald. Cummings, Jr., second by Ald. Flanagan Chamber President Jean Gaines reviewed their application noting that nothing was changed from the previous year and that they were still seeking volunteers to help with the event, in particular the wristband application process at the wine tent. V/V: 9-0 Motion carried. b. Recommend Approval of Class E-3 Special Event Liquor License and Waiving of Associated Fee for Geneva Chamber of Commerce Festival of the Vine September 6-8, 2013. Moved by Ald. Kilburg, second by Ald. Marks V/V: 9-0 Motion carried. c. Recommend Draft Ordinance Amending Title 4, Chapter 2 (Liquor Control) Establishing Class C-6 Liquor License for Onsite Brewery and Tasting Room. Moved by Ald. Cummings, Jr., second by Ald. Brown Eric Hobbs, representing Penrose Brewery, was present to answer questions. Discussion on the fee structure was heard. Aldermen wished the applicant success on their new venture. V/V: 9-0 Motion carried. Committee of the Whole Minutes – July 8, 2013 Page 1 d. Recommend Draft Resolution Authorizing Execution of First Amendment to AEP Master Power Purchase and Sale Agreement. Moved by Ald. Flanagan, second by Ald. Marks Supt. Buffington provided an overview of the agreement and the process on power purchasing. V/V: 9-0 Motion carried. e. Recommend Draft Resolution Authorizing Easement Agreement for Underground Cable Replacement at 703 E. State Street. Moved by Ald. Marks, second by Ald. Cummings, Jr. V/V: 9-0 Motion carried. f. Recommend Draft Resolution Authorizing Extending Contract with Insituform Technologies USA, LLC in the Amount of $76,622.20 for Additional Sewer Lining for 2013 CIPP Project. Moved by Ald. Maladra, second by Ald. Simonian Supt. VanGyseghem provided information on the need for additional lining in this year’s contract. V/V: 9-0 Motion carried. g. Recommend Draft Resolution Approving FY2012-13 Budget Amendments. Moved by Ald. Marks, second by Ald. Cummings, Jr. V/V: 9-0 Motion carried. h. Recommend Draft Resolution Approving FY2013-14 Budget Amendments. Moved by Ald. Marks, second by Ald. Maladra V/V: 9-0 Motion carried. i. Recommend Draft Ordinance Establishing Prevailing Wages. Moved by Ald. Kilburg, second by Ald. Maladra V/V: 9-0 Motion carried. 5. New Business Ald. Singer congratulated Ald. Flanagan on her upcoming wedding anniversary. 6. Adjournment On a motion by Ald. Marks, second by Ald. Flanagan, the meeting was adjourned by unanimous voice vote at 7:28pm. Committee of the Whole Minutes – July 8, 2013 Page 2  AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Geneva Lions Hearing Screening Van at Third & James, Sept. 10, 2013 Presenter & Title: Ellen Divita, Director of Economic Development Date: July 15, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: Budgeted? X NO If NO, please explain how the item will be funded: Executive Summary: The Geneva Lions Club has requested permission to park the “Hearing Screening bus on James, at the southwest corner of 3rd and James (easily described as "where Santa parks his house)." The bus will be parked on James Street and is 35 feet long, 8 feet wide, and 12 feet high. The Lions Club requests 1) the parking spaces be blocked off by Geneva Police on late Monday night September 9, 2013 / early Tuesday September 10, 2013 to ensure no early birds park in the spaces on Tuesday morning, and 2) that the Public Works Department provide electrical power in the form of an electrical hookup of 220 volts with 50 amps service, non-gfi. The bus has a 100 foot extension cord. An aerial of the block is attached with the bus location marked. It is requested that 7 parking spaces be barricaded off the evening prior, once the bus is parked, that amount will be reduced to 5 or 6 spaces. The Police Department does not have concerns over the blocked parking spaces. The bus will arrive early Tuesday evening. The City will be named on an insurance waiver, which is forthcoming. The electric utility is prepared to connect the electric. The Lion’s Club has been advised that the City may need to charge to cover the cost of City resources in next and future years. Attachments: (please list)  Event Application  Location map Recommendation / Suggested Action: (briefly explain) Approve the Geneva Lions Club request to block parking spaces on City right-of-way at James and Third Street, as so noted on the attached map from Monday evening September 9, 2013 through Tuesday evening September 10, 2013. Hearing Screening in the Lion’s Hearing Bus will occur during the day on Tuesday September 10, 2013.  AGENDA I TEM E XECUTIVE SUMMARY Agenda Item: Knights of Columbus Intellectual Disabilities Fund Drive Sept. 20-22, 2013 Presenter & Title: Ellen Divita, Director of Economic Development Date: July 17, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: Budgeted? X NO If NO, please explain how the item will be funded: Executive Summary: The Knights of Columbus Columbian Council #2191 (Batavia/Geneva, IL) has requested permission to hold their annual Knights of Columbus Fundraiser to benefit people with intellectual disabilities through local charities such as Marklund, Associated Individual Developmental House, Valley Sheltered Workshop, Special Camps for Special Citizens, and the local Northwest Valley Special Olympics. The Knights will give out Tootsie Rolls to all donors and have stated that 90% of the funds raised will stay in the local community. The Knights of Columbus is a non-profit organization of the Catholic Church; they have provided documentation that they are currently registered with the Attorney General’s Charitable Trust and Solicitations. In summary, the Knights of Columbus have indicated they wish to have members at the following right-of-way locations on September 20-22, 2013: • Starbucks on State Street at 3rd Street, 6AM – 6PM • Post office 7AM – 6PM Organizer Kevin Callahan has talked with owners of these businesses and received permission to solicit on private property: • Steve Davison, owner of the West State Street Geneva 7-11, 6AM – 6PM • Ace Hardware Store at 617 W. State, 7AM – 6PM • METRA and the Shodeen Companies for the Geneva Train Station (Friday 5:30-8AM) No City services are requested. An Insurance Certificate is forthcoming. The attached special event application has been routed to all Departments and none have expressed concern. Attachments: (please list) • Event Application Recommendation / Suggested Action: (briefly explain) Approve the Knights of Columbus Columbian Council #2191 request to collect charitable donations at the places noted above on September 20-22, 2013 from the hours of 5:30 – 8 AM at the METRA station on Friday, and varying hours of 6 AM to 7 PM Friday through Sunday as noted on the event application.  City of Geneva, Illinois Special Event/Festival Application _________________________________________________________________________ Kevin Callahan 630-235-6456 A. Name of Applicant______________________________________________Phone_______________________ Callahan@Reliablelabel.com Email:________________________________________________________________________________________ P.O. Box 25 Batavia IL 60510 Address______________________________________City________________State_____Zip_________________ X Are you conducting the activity on behalf of an organization? Yes________ No________ Knights of Columbus for Batavia / Geneva Name of Organization____________________________________________________________________________ P.O. Box 25 Batavia IL 60510 Address________________________________________City_______________State____Zip__________________ 630-235-6456 Phone_________________________________________ 630-620-8125 Fax____________________________________________ Social Security/Federal ID No.:____________________________________________________________________ B. Description of the proposed event: The Knights of Columbus conduct their annual fund raiser to collect donations for the mentally handicapped within our community. In return for a donation we distribute Tootsie Roll Candies. This is annual event that is coordinated and conducted state wide on the same weekend through out the entire state of Illinois. Geneva Train Station, Ace Hardware, Starbucks Coffee, Post Office, Seven Eleven C. Site of Proposed Event:___________________________________________________________________________ __________________________________________________________________________________________________ September 20th - 22nd D. Date(s) of proposed event__________________________________________________________________________ 6 am - 7 pm. E. Time(s) of proposed event_________________________________________________________________________ 50 F. Estimated maximum number of persons expected at the event each day:__________________________________ No Alcohol G. Is alcohol going to be served or provided? YES| NO | MAYBE License applied for?______________________ H. Submit in writing a detailed explanation, including drawings, site plan, and diagrams where applicable, of your plans to provide for the following – 1. Police/Security and Fire Protection 2. Food, water and electrical supply facilities 3. Health and sanitation facilities (supply copy of health department paperwork) 4. Medical facilities and services, including emergency vehicles and equipment (if required) 5. Vehicle access and parking facilities 6. Camping and trailer facilities, if overnight stays are anticipated 7. Illumination facilities 8. Communications facilities 9. Facilities for clean up and waste disposal 10. Noise control and abatement 11. Insurance and bonding arrangements (please attach Certificate of Insurance naming City of Geneva as additional insured. 12. Clean up procedure July 7, 2013 Date:________________________Signature of applicant__________________________________________ Kevin M. Callahan  AGENDA ITEM EXECUTIVE SUMMARY Consider Draft Resolution Authorizing City Administrator to Agenda Item: Accept and Execute a Solar Grant from Illinois Department of Commerce and Economic Opportunity in the amount of $246,184. Dan Dinges, Director of Public Works Presenter & Title: Mike Buffington, Electric Superintendent Date: July 20, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: $369,276.00 YES Budgeted? X NO If NO, please explain how the item will be funded: This solar project is slated for the 2014-15 Budget year. Estimated total project costs are $615,460, State Grant is for $246,184 and Geneva’s match is $369,276. Executive Summary: The Geneva Staff is always looking for ways to leverage the capital budget vs. benefits to the community. Grants are an opportunity to do this. As in any other project, whether it is leveraged by a grant or other outside funding, the project must meet the needs and wants of the Geneva. Staff applied for and received a grant from the Illinois Department of Commerce and Economic Opportunity. The memo contains cost vs. benefit analysis. Attachments: (please list) Resolution Memo Notice of Grant Award Recommendation / Suggested Action: (briefly explain) That the City Council authorize the City Administrator to Accept and Execute a grant from Illinois Department of Commerce and Economic Opportunity in the amount of $246,184 for installation of 120 kw solar array.  RESOLUTION NO. 2013-__ RESOLUTION AUTHORIZING EXECUTION OF SOLAR GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Administrator is to be authorized to execute, on behalf of the City of Geneva, a grant from Illinois Department of Commerce and Economic Opportunity in the amount of $246,184 for installation of 120 kW solar array. This is in relationship to the purchase and sale of energy. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 5th day of August, 2013. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this 5th day of August, 2013. Mayor ATTEST: City Clerk  PUBLIC WORKS DEPARTMENT MEMORANDUM July 15, 2013 Memo To: Mayor Burns and Committee of the Whole From: Dan Dinges, Director of Public Works Michael J. Buffington, Superintendent of Electrical Services Re: Draft Resolution Authorizing City Administrator to Accept and Execute a Solar Grant from Illinois Department of Commerce and Economic Opportunity in the amount of $246,184. The Geneva Staff is always looking for ways to leverage the capital budget vs. benefits to the community. Grants are an opportunity to do this. As in any other project, whether it is leveraged by a grant or other outside funding, the project must meet the needs and wants of the Geneva. Staff applied for and received a grant from the Illinois Department of Commerce and Economic Opportunity. The following is cost/project comparison, to the various power contracts and the Geneva Generation Facility. Current Power Costs vs. Solar with Grant $/KWh Payback Years WMRE 2014 contract $0.031 84 NextEra 2014 contract $0.040 30 GGF July 15, 2013 - market bid $0.056 26 Total Power Costs 2014 $0.070 23 Solar est. 20 yr avg $0.085 Note; 1. The NextEra 2014 contract is for energy only. 2. Total Power Costs include the current all-in estimated power costs, including debt service. The solar project will produce 142,000 kWh of electricity per year, .04% of Geneva energy requirements and will avoid an estimated 103 tons of C02, the equivalent of nearly 50 acres of trees. The solar system will be tied to a robust and customizable web based monitoring system, allowing the residents of Geneva to view the performance and effectiveness of the solar generation. Staff Recommendations; That the City Council authorize the City Administrator to Accept and Execute a grant from Illinois Department of Commerce and Economic Opportunity in the amount of $246,184 for installation of 120 kw solar array. Cc: Mary McKittrick, City Administrator Stephanie Dawkins, Asst. City Administrator Jennifer Hilkemann, Manager of Distribution Construction and Maintenance Hal Wright, Manager of Electric Operations  AGENDA ITEM EXECUTIVE SUMMARY Review and Consideration of Amendments to the Nicolaou Planned Unit Development approved by Ordinances 2009-31 and 2010-13 to: 1) Enclose the Agenda Item: outdoor seating deck of the Riganato restaurant; 2) Postpone the demolition of the Me & Dad’s Toys building until March of 2017; and 3) Reduce the required number of parking spaces from 26 to 22 at the end of Phase 2. Dick Untch, Community Development Director Presenter & Title: David DeGroot, City Planner Date: July 22, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: $0 Budgeted? NO Executive Summary: In November of 2009 the City Council approved a special use for a preliminary/final planned unit development (PUD) for the property located at 700 & 720 E. State Street, now known as the Nicolaou PUD. The PUD facilitated the redevelopment of the former Rib House Restaurant into what is now the Riganato Restaurant. The PUD includes the restaurant building as well as the one-story Me and Dad’s Toys retail building. The approved PUD included substantial renovation of the restaurant building, demolition of the one-story retail building, reduction of the number access drives to the property, and total reconstruction of the parking lot that combines the area that comprised the parking for the former Rib House and Me & Dad’s Toys into one unified parking lot design. The property has been improved in accordance with the approved plans, with the exception of the demolition of the Me & Dad’s Toys building and completion of the parking lot (which are required to be completed by March of 2015). Nick Nicolaou, the property owner, would like to enclose the outdoor seating deck located on the south side of the building so that it can be used year-round and postpone demolition of the Me & Dad’s Toys building until March of 2017. The applicant’s request requires amendments to the approved development plans to enclose the outdoor seating deck, to postpone the demolition of the Me & Dad’s Toys building, and to reduce the total number of parking spaces required for the restaurant use. Please see the attached staff report for more details. Attachments: (please list) Staff Report Draft Ordinance Project Narrative Development Plans Recommendation / Suggested Action: (briefly explain) At its meeting on July 11, 2013 the Plan Commission recommended approval of the applicant’s request to amend the approved Nicolaou PUD to: 1) enclose the first floor outdoor seating deck; 2) postpone the demolition of the Me & Dad’s Toys building until March of 2017; and 3) reduce the number of parking spaces required from 26 to 22 spaces at the end of Phase 2. The recommendation for approval was unanimous on items 1 and 3. Commissioners Mead and Erickson voted against the request to postpone the demolition of the Me & Dad’s Toys building. As shown at Exhibit “B” of the attached draft ordinance, the Plan Commission made findings of fact on each of the nine (9) special use standards set forth in Section 11-14-4(F) of the Zoning Ordinance. Community Development Department Report GENEVA COMMITTEE OF THE WHOLE PUD AMENDMENTS JULY 22, 2013 NICOLAOU PUD (RIGANATO) 700 E. STATE STREET Applicant & Property Owner Nick Nicolaou Location 700 E. State Street Requests Amendments to the Nicolaou PUD to: 1) enclose the 1st floor outdoor seating deck; 2) postpone demolition of the Me & Dad’s Toys building until March of 2017; and 3) reduce the required number of parking spaces to 22 spaces at the end of Phase 2. Recommendation At its meeting on July 11, 2013 the Plan Commission Figure 1. Location Map. Prepared by Geneva Planning Division, June 2013. recommended approval of the applicant’s requests BACKGROUND In November of 2009 the City Council approved a special use for a Staff Liaison preliminary/final planned unit development (PUD) for the property David DeGroot located at 700 & 720 E. State Street, now known as the Nicolaou City Planner PUD. The PUD was established to facilitate the redevelopment of Phone: (630) 232-0814 the property for a restaurant use. It was formerly the site of the Rib Email: ddegroot@geneva.il.us House Restaurant and is now the Riganato Restaurant. The restaurant is located in the converted two-story house on the west half of the property. The property is also improved with a second, one-story retail building (Me & Dad’s Toys). The approved PUD included substantial renovation of the restaurant building, demolition of the one-story retail building, reduction of the number access drives to the property, and total reconstruction of the parking  Page 2 of 5 Nicolaou PUD Amendments lot that combines the area that comprised the parking for the former Rib House and Me & Dad’s Toys into one unified parking lot design. The approved PUD is conditioned to a specific set of development plans. The approved PUD plans were amended in 2010 to include a lighting photometric plan, a lighting fixture spec sheet, and a revised site plan including additional fencing. The property has Figure 2. Riganato Restaurant, 700 E. State St.. June 2013. been improved in accordance with the approved plans, with the exception of the demolition of the Me & Dad’s Toys building and completion of the parking lot. The approved development plans included a phasing schedule for the demolition of the Me & Dad’s Toys building. The building is to be demolished within 3 years of the date of occupancy for the Riganato restaurant. The demolition of the building would make way for 4 additional parking spaces to be provided on site for the restaurant. The Riganato received occupancy in March of 2012, therefore the demolition of the Me & Dad’s Toys building and the completion of the parking lot is required by March of 2015. Nick Nicolaou, the property and restaurant owner, would like to enclose the outdoor seating deck located on the south side of the building so that it can be used year-round, rather than just during the warm weather months. Doing so would allow him to generate additional income to help pay down the loan taken out for the original redevelopment. Mr. Nicolaou would also like to postpone demolition of the Me & Dad’s Toys building in order to maintain the rental income from that property, which he hopes to use to pay the costs necessary to enclose the deck area. Mr. Nicolaou’s proposal requires amendments to the approved development plans to enclose the outdoor seating deck and to postpone the demolition of the Me & Dad’s Toys building. It also requires an amendment to the PUD to reduce the total number of parking spaces required for the restaurant use. The required parking for the original PUD approval was calculated for Phase 1(restaurant & toy store) and Phase 2 (restaurant only). The required parking for Phase 1 is 28 spaces. The approved PUD allowed for 18 onsite parking spaces during Phase 1, provided the owner maintain an offsite parking agreement to accommodate any unmet parking needs on the restaurant site. The required parking for Phase 2 is 22 spaces. The approved PUD satisfied the required parking by providing 22 onsite parking spaces at the end of Phase 2. The required parking calculation did not include the outdoor seating deck because it cannot be used year round. The enclosure of the outdoor seating deck increases the parking required for the restaurant to 26 spaces, which would leave a shortfall of 4 spaces at the end of Phase 2 when 22 spaces are provided on site. Please see Table 1 on the following page for a comparison of the parking requirements for the approved PUD and for the proposed amendments to the PUD. REQUESTS Request to amend the Nicolaou Planned Unit Development (approved by Ordinances 2009-31 & 2010- 13) to: 1. Enclose the 1st floor outdoor seating deck.  Page 3 of 5 Nicolaou PUD Amendments 2. Postpone the demolition of the Me & Dad’s Toys building until March of 2017. 3. Reduce the required number of parking spaces from 26 to 22 spaces at the end of Phase 2. Table 1. Parking requirement comparison of the approved Nicolaou PUD and the proposed PUD amendments. APPROVED PUD PROPOSED PUD AMENDMENTS Phase 1 Number of parking spaces required 28 32 Number of parking spaces provide on site 18 18 Number of parking spaces provided off site 12 16 (through temporary parking lot rental agreements) Phase 2 Number of parking spaces required 22 26 Number of parking spaces provided on site 22 22 Number of parking spaces provided off site 0 0 (through temporary parking lot rental agreements) PROPERTY INFORMATION As shown in Figure 1, the subject property is located at the southeast corner of E. State Street and Sandholm Street. It has a lot area of approximately 20,919 square feet and is improved with 2 buildings, a one-story retail building (Me & Dad’s Toys) with an area of 1,444 square feet located at the east edge of the property, and a two-story restaurant building (Riganato) with an area of 2.929 square feet on the western half of the property. There are currently 18 parking spaces on the property that are shared between the 2 buildings. The site has 2 full access points, one on Sandholm Street and one on E. State Street. The property is located in the B4 Business District and is designated “Neighborhood/Corridor Commercial” in the City’s adopted Comprehensive Plan. Please see Table 2 below and Figures 3 and 4 for surrounding property information including existing zoning, existing land uses, and future land use designations. Table 2. Surrounding Property Information. Prepared by Geneva Planning Division, July 2013. LOCATION ZONING DISTRICT LAND USE COMPREHENSIVE PLAN Subject Property B4 Business District Commercial Retail Neighborhood/Corridor Commercial North B4 Business District Commercial Retail Neighborhood/Corridor Commercial South B4 Business District Single-Family Residence Single-Family Residential East B4 Business District Commercial Retail Neighborhood/Corridor Commercial West B4 Business District Single-Family Residence Neighborhood/Corridor Commercial Page 4 of 5 Nicolaou PUD Amendments Figure 3. Zoning Map of the Subject Property and Surrounding Area. Prepared by Geneva Planning Division, July 2013. Niiicccooolllaaaooouuu N N PPPU UUD DD Figure 4. Future Land Use Designation of the Subject Property and Surrounding Area, based on the 2003 Comprehensive Plan.  Page 5 of 5 Nicolaou PUD Amendments REVIEW COMMENTS Special Use – Findings of Fact Staff evaluated the proposed amendments to the Nicolaou PUD in relation to the nine (9) special use standards the Plan Commission uses in formulating it findings of fact, as set forth in Section 11-14-4(F) of the Zoning Ordinance. The analysis incorporates the findings of fact made by the Plan Commission and adopted by the City Council as part of the original PUD approval. After reviewing the information and documents provided by the applicant and hearing testimony at the public hearing the Plan Commission adopted staff’s analysis of the nine (9) special use standards as their findings of fact, as shown in Exhibit “B” of the attached draft ordinance. PLAN COMMISSION RECOMMENDATION At its meeting on July 11, 2013 the Plan Commission recommended approval of the applicant’s request to amend the Nicolaou Planned Unit Development approved by Ordinances 2009-31 & 2010-13 to: 1) enclose the first floor outdoor seating deck; 2) postpone the demolition of the Me & Dad’s Toys building until March of 2017; and 3) reduce the number of parking spaces required from 26 to 22 spaces at the end of Phase 2. The recommendation for approval was unanimous on items 1 and 3. Commissioners Mead and Erickson voted against the requested amendment to postpone the demolition of the Me & Dad’s Toys building. As shown at Exhibit “B” of the attached draft ordinance, the Plan Commission made findings of fact on each of the nine (9) special use standards set forth in Section 11-14-4(F) of the Zoning Ordinance. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. August 5, 2013 – City Council consideration of request *This timeline is provided for informational purposes only, exact dates are subject to change. ATTACHMENTS Draft Ordinance Project Description & Response to Special Use Standards Off-site Parking Agreement & Support from Adjoining Property Owners Demolition Plan, Architectural Elevations, Foundation & First Floor Plans, Electrical Plan A copy of the minutes and transcripts from the Plan Commission meeting will be forwarded for your review under separate cover.  ORDINANCE 2013-XX AN ORDINANCE AMENDING THE NICOLAOU PLANNED UNIT DEVELOPMENT APPROVED BY ORDINANCES 2009-31 AND 2010-13 TO: 1) ENCLOSE THE OUTDOOR SEATING DECK; 2) POSTPONE DEMOLITION OF THE ME & DAD’S TOYS BUILDING UNTIL MARCH OF 2017; AND 3) REDUCED THE NUMBER OF REQUIRED ONSITE PARKING SPACES AT THE END OF PHASE 2 FROM 26 TO 22 WHEREAS, an application was duly filed on the 16th day of May 2013, by Nick Nicolaou, as owner of the real property described at Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as “SUBJECT REALTY”) with the Plan Commission of the City of Geneva requesting amendments to the Nicolaou Planned Unit Development to 1) enclose the outdoor seating deck; 2) postpone demolition of the Me & Dad’s Toys building until March of 2017; and 3) reduced the number of required onsite parking spaces at the end of Phase 2 from 26 to 22; and WHEREAS, according to Ordinances 2009-31 and 2010-13 a Special Use for a preliminary/final Planned Unit Development has been granted by the City; and WHEREAS, in the manner and form provided with respect to Planned Unit Development changes under Title 11 of the Geneva City Code (Zoning Ordinance) as amended, a public hearing was held by the Plan Commission on Thursday, July 11, 2013 at 7:00 p.m. in the City Hall Council Chambers located at 109 James Street, Geneva, Illinois; and WHEREAS, the application was presented to the Plan Commission at the public hearing and the Plan Commission, at the public hearing, received testimony; and WHEREAS, after due deliberation, the Plan Commission recommended approval of the application and adopted the findings of fact which are attached hereto and made a part hereof as Exhibit “B”; and WHEREAS, the Committee of the Whole of the City Council has received the entire record of the Plan Commission’s public hearing, the Plan Commission’s findings of fact, and the Plan Commission’s recommendation for approval and considered the same on July 22, 2013, and made a recommendation for approval of the application; and WHEREAS, the City Council of the City of Geneva considered the entire record, the Plan Commission’s findings of fact, and the recommendations of the Plan Commission and the Committee of the Whole on August 5, 2013; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: AMENDMENTS TO THE NICOLAOU PLANNED UNIT DEVELOPMENT A. Section 3(Preliminary and Final Development Plan Approval) of the Nicolaou Planned Unit Development (Ordinances 2009-31 and 2010-13) is hereby amended by adding subsection G as follows: “G.” Restaurant Deck Modification (Roof & Siding Addition), prepared by RDE & Associates. Ordinance 2013-XX 1  B. Group Exhibit “C” (Detailed Site Plan, Preliminary/Final Landscape Plans, Restaurant Renovation & First Floor Plans, Civil Engineer Plan) of the Nicolaou Planned Unit Development (Ordinances 2009-31 and 2010-13) is hereby amended by adding the Restaurant Deck Modification (Roof & Side Addition) plan set prepared by RDE & Associates, attached hereto at Exhibit “C”. C. The phasing schedule shown on the Detailed Site Plan adopted by Ordinance 2009-31 shall be amended to postpone demolition of the Me & Dad’s Toys building until March of 2017. D. Section 4 (Deviations from the Zoning Ordinance Granted) of the of the Nicolaou Planned Unit Development (Ordinances 2009-31 and 2010-13)is hereby amended by adding subsection H as follows: “H.” A deviation from Section 11-11A-6 to allow a total of 22 parking spaces to be provided onsite at the end of Phase 2 instead of the required 26 parking spaces. SECTION 2: CONVEYANCES Nothing contained in this Ordinance shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the SUBJECT REALTY, whether improved or unimproved, and to transfer or assign any or all of their respective rights and duties under this Ordinance, provided such sale, conveyance, transfer and assignment is subject to the provisions of this Ordinance. SECTION 3: PREAMBLES AND EXHIBITS The preambles set forth at the beginning of this Ordinance, and the exhibits attached hereto, are incorporated herein by reference and shall constitute substantive provisions of this Ordinance. SECTION 4: EFFECTIVE DATE PASSED by the City Council of the City of Geneva, Kane County, Illinois, this _____ day of _________, 2013. AYES: _____ NAYS: _____ ABSENT: _____ ABSTAINING: _____ HOLDING OFFICE: _____ APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this _____ day of __________, 2013. ______________________________ Mayor ATTEST: ______________________________ City Clerk Ordinance 2013-XX 2  EXHIBIT A LEGAL DESCRIPTION PARCEL ONE (720 E. STATE STREET): THAT PART OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 1.92 CHAINS; THENCE NORTH 5 1/2 DEGREES EAST, 7.75 CHAINS; THENCE NORTH 5 1/2 DEGREES EAST 331.30 FEET FOR A POINT OF BEGINNING; THENCE NORTH 5 1/2 DEGREES EAST 170.30 FEET TO THE CENTER LINE OF STATE STREET ROAD; THENCE NORTH 72 DEGREES, 0 MINUTES, 0 SECONDS EAST ALONG SAID CENTER LINE 95.48 FEET; THENCE SOUTH 5 1/2 DEGREES WEST 208.37 FEET; THENCE NORTH 84 DEGREES, 30 MINUTES, 0 SECONDS WEST 87.56 FEET TO THE POINT OF BEGINNING, IN THE CITY OF GENEVA, KANE COUNTY, ILLINOIS. PARCEL TWO (700 E. STATE STREET): THAT PART OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER 1.92 CHAINS; THENCE NORTH 5 DEGREES 30 MINUTES EAST 1013.1 FEET TO THE CENTER LINE OF STATE STREET; THENCE NORTH 72 DEGREES EAST ALONG SAID CENTER LINE 95.48 FEET FOR A POINT OF BEGINNING; THENCE NORTH 72 DEGREES EAST ALONG SAID CENTER LINE 54.52 FEET; THENCE SOUTH 5 DEGREES 30 MINUTES WEST 230.11 FEET; THENCE NORTH 84 DEGREES 30 MINUTES WEST 50 FEET; THENCE NORTH 5 DEGREES 30 MINUTES EAST 208.37 FEET TO THE POINT OF BEGINNING, IN THE CITY OF GENEVA, KANE COUNTY, ILLINOIS. Ordinance 2013-XX 3  EXHIBIT B FINDINGS OF FACT 1. The proposed use at the specified location is consistent with the comprehensive plan. The City of Geneva Comprehensive Land-Use Plan designates the subject property and the properties to the north, east, and west as “Neighborhood/Corridor Commercial”, which are areas along E. State Street planned for redevelopment aimed towards strengthening the commercial nature of the Corridor and serving the surrounding neighborhood and community. Planned uses for the area include retail, commercial service, and office uses. The proposed use and development of the subject property is consistent with the Comprehensive Land-Use Plan for the subject property and surrounding area. 2. The proposed building or use will not diminish the value of adjacent and nearby properties. The proposed planned unit development amendments would make significant improvements to the existing restaurant building. Under the current PUD a substandard parking area has been replaced with a paved and striped parking lot, additional landscaping has been provided, and public sidewalks along E. State Street and Sandholm Street have been installed. The proposed building improvements would be a further upgrade to the subject property. The building improvements and proposed parking management would not diminish the value of adjacent and nearby properties. 3. The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use. The existing planned unit development has reestablished a restaurant use in the existing two-story building. The PUD plans also show removal of the existing one-story retail building, thereby reducing the parking demand that previously existed for the property. The applicant has replaced a substandard parking area with a paved and striped parking lot. The PUD plans provide for a total of 18 spaces initially (22 spaces ultimately). The Geneva Zoning Ordinance requires 15 parking spaces per 1,000 square feet of floor area for restaurant uses. When applied to the development, a total of 28 parking spaces initially (22 ultimately) are required. In order to address the potential shortfall of 10 parking spaces initially, the applicant entered into a parking lot rental agreement with the owner of the property located at 830 E. State Street which provides an additional 12 parking spaces. The Plan Commission recommended a condition of approval requiring the applicant to maintain an overflow parking area (by written agreement) in close proximity to the restaurant until Phase 2 of the development is complete. Under the approved PUD plans completion of Phase 2 of the site development would bring the site into conformance with the City’s parking space requirements. The applicant has reduced the number of access points to the property from 4 to 2. The reduced parking demand, the additional on-site parking provided, the overflow parking provided, and the reduced number of access points have improved traffic flow and parking conditions on the site. The calculation for the amount of parking required for the original PUD approval did not include the outdoor seating deck because it cannot be used year round. The enclosure of the outdoor seating deck would increase the required parking for Phase 1 (restaurant & toy store) to 32 spaces, a Ordinance 2013-XX 4  shortfall of 14 spaces during the course of Phase 1. The approved PUD includes a condition requiring the applicant to maintain a Parking Lot Rental Agreement for offsite parking until Phase 2 of the development is complete. The condition also states that if such agreement is not maintained or if parking demand from the subject property results in parking along local residential streets in the vicinity of the subject property, the special use for a planned unit development shall be subject to revocation. The applicant has provided a copy of an agreement with the owner of the property located at 830 E. State Street, which authorizes the use of 8 spaces for overflow parking from the restaurant. The applicant has also provided a copy of an agreement with the property located at 637 E. State Street for an additional 8 spaces. The 16 off-site parking spaces should provide adequate overflow parking until Phase 2 of the development is complete. Although the enclosure of the outdoor seating deck would not increase the seating capacity of the restaurant, it would increase the required parking for the restaurant based on the City’s Zoning Ordinance regulations. Outdoor seating areas are not included when calculating parking demand because they are not used year round. The enclosure of the outdoor seating deck would increase the required parking for Phase 2 (restaurant only) to 26 spaces, which would leave a permanent shortfall of 4 spaces at the end of Phase 2 when 22 spaces are provided on site. Riganato has been open for 15 months and the City has not noticed nor received complaints regarding a lack of available parking or parking overflowing onto nearby residential streets. The applicant has submitted a petition with signatures of surrounding property owners stating that they have not witnessed a parking problem. As stated in the applicant’s project narrative, the restaurant would have a total of 15 tables. There is an average of 3.5 customers per table, and most customers are coming together in one car as a family. At that rate, if all of the tables were full a total of 15 parking spaces would be needed for customers. The restaurant employs a maximum of 7 people at one time. At full capacity, the 22 onsite parking spaces that would be available at the end of Phase 2 should adequately serve the restaurant’s needs. Therefore, the proposed amendments to the Nicolaou PUD should not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity. 4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. The property had four substandard access points, two off E. State Street and two off Sandholm Street. The applicant has removed one access point on each street which greatly reduced the potential for vehicle conflicts and congestion on public streets. In addition, the two remaining access points have been improved to full access points, which have provided adequate ingress and egress to the site. 5. The proposed building or use will not adversely affect or change the character of the area in which it is located. The existing restaurant use is located in a converted residential structure, which was previously operated as a restaurant use. The improvements the applicant has made to the exterior of the building retain its residential appearance. The completed parking lot, landscaping, and lighting improvements are consistent with the City’s East State Street Design Guidelines and recent Ordinance 2013-XX 5  developments along the East State Street Corridor. The proposed building addition is compatible with the character of the existing restaurant building and surrounding buildings. Therefore, the proposed PUD amendments would not adversely affect or change the character of the area. 6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties. The improvements the applicant has made have reduced the number of access points along both E. State Street and Sandholm Street, provided public sidewalks along both street frontages, and provided landscape buffers between adjacent commercial and residential uses. The proposed PUD amendments will not adversely affect the use or development of adjacent properties. The adjacent properties are currently developed without additional improvements contemplated at this time. The building modifications will not appreciably change the restaurant building’s overall height or size. 7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties. The site improvements plans made by the applicant have been reviewed and approved by the City’s Public Works Department and by the City’s stormwater review consultants, WBK Associates. The improvements replaced a substandard parking area with a paved and striped parking lot which maximizes the number of parking stalls possible at the site. The plans also reduced the total impervious area on the site by reducing the number of access points and providing landscape setbacks. Enclosing the outdoor seating deck will require the new and existing portions of the building to be have a fire sprinkler system installed, which will require a new water service to the building. The applicant understands this requirement and will submit civil engineering plans for the new water service if the PUD amendments are approved. Please see Standard 3 regarding the adequacy of parking. 8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use. The development does not comply with all of the minimum requirements applicable to such uses under the City’s regulations. Specifically, the applicant was granted a deviation to temporarily allow two buildings on one zoning lot and deviations in relation to parking lot setbacks, interior parking lot landscaping, perimeter yard landscaping, transition yard landscaping requirements. As set forth in Section 11-9-9 of the Geneva Zoning Ordinance, relief from such requirements may be granted for a planned unit development if it is found that the requested relief serves the purpose of promoting an integrated site plan no less beneficial to the neighboring property. The granted relief facilitated improvements to the site, particularly to the parking area, that could not have been accomplished under the bulk regulations of the Zoning Ordinance. The deviations were the minimum that were required. The redevelopment of the property was a substantial improvement to the subject property and is more beneficial to the neighboring properties than the previous condition. Ordinance 2013-XX 6  Conversion of the existing, legal non-conforming porch to a full enclosed addition will require the building to be brought up to current Fire Code including the installation of a fire sprinkler system throughout the new and existing portions of the building. This will require a new water service to the building. The applicant understands these requirements and will construct the addition accordingly if the PUD amendments are approved. The enclosure does increase the required parking for the property by 4 spaces, which are not being provided for. Please see Standard 3 regarding parking adequacy. 9. That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood. The restaurant is located in a converted residential structure, which is consistent with several buildings along the E. State Street Corridor and is compatible with adjacent residential uses. The proposed enclosure of the outdoor seating deck is consistent with the existing building and will not substantially alter the structure’s appearance or architectural appeal. Therefore, the proposed PUD amendments should not cause depreciation in property values in the neighborhood. Ordinance 2013-XX 7  EXHIBIT C RESTAURANT DECK MODIFICATION PLAN SET Ordinance 2013-XX 8  AGENDA ITEM EXECUTIVE SUMMARY Review and consideration of increasing application fees and deposit requirements for Plan Commission reviews pertaining to Title 12 (Subdivision Ordinance): Including amendments Section 12-5-3 (Fees for Subdivisions and Annexations) of Agenda Item: Title 12 to eliminate explicit fee references and to instead state that the subdivision and annexation requests be “accompanied by a nonrefundable fee established from time to time by the City Council”. Dick Untch, Community Development Director Presenter & Title: David DeGroot, City Planner Date: July 22, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: $0 Budgeted? NO Executive Summary: On May 28, 2013, staff made a recommendation to the Committee of the Whole to raise the application fee for Plan Commission reviews from $250 to $500. The $500 fee would cover 2 staff plan reviews and an additional $100 fee would be required for each subsequent review. Staff also recommended requiring a $500 deposit to cover third party costs incurred by the City for applications involving a public hearing, such as the publication of legal notices and the preparation of public hearing transcripts. The Committee of the Whole recommended approval of the proposed changes to the fee structure for Plan Commission applications. On June 3, 2013, the City Council approved the changes for Special Use, Text Amendment, Map Amendment, Site Plan Review, Sign Variation, and Planned Unit Development requests. The City Council was able to approve the fee changes to these application types without a Plan Commission public hearing because the procedures for each application type are found in Title 11 (Zoning Ordinance) of the City Code which states that such applications “shall be accompanied by a nonrefundable application fee established from time to time by the City Council.” Fees for Subdivision and Annexation requests are explicitly stated in Title 12 (Subdivision Ordinance) of the City Code and therefore require a public hearing to amend. Staff recommended text amendments to the Subdivision Ordinance which would eliminate the explicit fee references and instead state that subdivision and annexation requests shall be “accompanied by a nonrefundable application fee established from time by the City Council”, thereby allowing the City Council to establish fees for subdivisions and annexations without text amendments and a public hearing. Attachments: (please list) Staff Report Draft Ordinance Recommendation / Suggested Action: (briefly explain) Staff recommends raising the application fee for reviews pertaining to the Title 12 to $500, and establishing an additional $500 deposit. The $500 fee would cover two staff reviews, with an additional $100 fee to be charged for each subsequent review (if necessary). The $500 deposit is to cover the cost of third party services for applications that require a public hearing. At its July 11, 2013 public hearing the Plan Commission recommended approval of text amendments to Section 12-5-3 of the Subdivision Ordinance to eliminate explicit fee references and allow the City Council to establish a fee for subdivisions and annexations without future text amendments. Community Development Department Report GENEVA COMMITTEE OF THE WHOLE SUBDIVISION ORDINANCE JULY 22, 2013 TEXT AMENDMENTS PLAN COMMISSION FEES Applicant City of Geneva BACKGROUND Request Application fees for Plan Commission reviews were last updated in 1990. Planning Division staff worked with City Administrator’s Office Amendments to Section 12-5- and the Administrative Services Department to review the City’s Plan 3 (Fees for Subdivisions and Commission application fees and ensure that the City is able to Annexations) of the recoup the costs incurred during the review of each application. On Subdivision Ordinance to May 28, 2013, staff presented its findings to the Committee of the eliminate explicit fee Whole and recommended changes to the fee structure. Staff references and to instead recommended raising the application fee from $250 to $500. The state that subdivision and $500 fee would cover 2 staff plan reviews and an additional $100 fee annexation requests be would be required for each subsequent review, if necessary. Staff “accompanied by a also recommended requiring a $500 deposit to cover third party nonrefundable fee established costs incurred by the City for applications involving a public hearing, from time to time by the City such as the publication of legal notices and the preparation of public Council.” hearing transcripts. Recommendation The Committee of the Whole recommended approval of the At its meeting on July 11, proposed changes to the fee structure for Plan Commission 2013 the Plan Commission applications. On June 3, 2013, the City Council approved the recommended approval of the changes for Special Use, Text Amendment, Map Amendment, Site proposed text amendments. Plan Review, Sign Variation, and Planned Unit Development requests. The City Council was able to approve the fee changes to Staff Liaisons these application types without a Plan Commission public hearing David DeGroot, City Planner because the procedures for each application type are found in Title Phone: (630) 232-0814 11 (Zoning Ordinance) of the City Code. The Zoning Ordinance states Email: ddegroot@geneva.il.us that such applications “shall be accompanied by a nonrefundable application fee established from time to time by the City Council.” Fees for Subdivision and Annexation requests are explicitly stated in Title 12 (Subdivision Ordinance) of the City Code and therefore require a public hearing to amend. Staff is proposing text amendments to the Subdivision Ordinance which would eliminate the explicit fee references and instead state that subdivision and  Page 2 of 5 Text Amendments – Plan Commission Fees annexation requests shall be “accompanied by a nonrefundable application fee established from time by the City Council”. SUMMARY OF COST AND FEE ANALYSIS Existing Fees Fees had been set at $250 for most development proposals requiring Plan Commission review since 1990. Exceptions included Preliminary Subdivisions and Planned Unit Developments ($250 plus $1 per acre), Final Subdivisions and Planned Unit Developments ($100 plus $1 per lot or dwelling unit), and Site Plan Review ($0). Staff Costs Staff analyzed expenses related to Plan Commission requests to determine if the fees were sufficient to cover the costs associated with each request. Staff provides a plan review by the 14-member Development Staff team (which consists of representatives from the Police, Fire, Public Works, Planning, Building, Economic Development, and Administrative Services departments). A summary of the tasks performed by staff is provided below. Pre-application o Pre-application meeting to discuss the request and process with applicant(s) in detail Development Staff Review o Distribution of application, narrative, and plans to Development Staff o Updating of the monthly Plan Commission report o Adding the request to the Plan Commission application map on City’s website, which includes a brief description, photograph, and Google Maps link o Inclusion of the request on the Development Staff Meeting agenda o Discussion of the request during the Development Staff Meeting o Compilation of staff comments, which are then sent to the applicant for review o Two Development Staff reviews are typical for most requests Plan Commission o Prepare public hearing notice and send to newspaper for publication o Prepare notification letter and mail to property owners within 250 feet of subject site o Place a public hearing sign on subject property o Create and post Plan Commission meeting agenda, which are also forwarded to media, City Staff, and other units of government o Develop staff report and recommendation to the Plan Commission o Prepare PowerPoint presentation for Plan Commission meeting, if necessary o Attend meeting to provide staff support Committee of the Whole and City Council o Modify staff report and recommendation to include the recommendation of the Plan Commission and highlight important discussion from Plan Commission meeting o Prepare draft ordinance or resolution, including any findings of fact made by the Plan Commission and necessary exhibits o Prepare agenda item executive summary cover sheet for the Committee of the Whole packet o Attend meetings to provide staff support o Finalize ordinance or resolution by making any revisions suggested by the City Attorney or the Committee of the Whole prior to the City Council meeting  Page 3 of 5 Text Amendments – Plan Commission Fees After City Council o Obtain a certified copy of the ordinance and record with Kane County, if necessary The estimated cost for staff time is $48 per hour, which includes wages, benefits, and overhead. The $250 application fee would be exhausted by staff costs alone in about 5 hours. The services provided by staff and the review by the 14-member Development Staff team results in much more than 5 hours of staff time per application. Third Party Costs In addition to costs incurred through staff time and department resources, Plan Commission requests may also result in additional expenditures for third party services. Third party costs for review of stormwater applications and for legal services are already covered by requiring applicants to submit a deposit. Costs associated with public hearings for drafting meeting minutes, transcript preparation, and the publication of legal notices were not covered by deposits. As seen in Table 1, third party costs for requests that do not require a public hearing were small, averaging only $65. However third party costs for requests that do require a public hearing are substantial, averaging $494. Table 2 provides a breakdown of total and average third party costs by the type of service (minutes, transcripts, or legal notices) since FY 2010-2011. As shown, the $250 application fee is not sufficient to cover the average cost of these services. Table 1. Summary of total third-party costs for Plan Commission applications per case. Fiscal Year Application Type Average Public Hearing Required $643.93 2010-2011 No Public Hearing $50.67 Public Hearing Required $389.40 2011-2012 No Public Hearing $71.25 Public Hearing Required $462.31 2012-2013 No Public Hearing NA Public Hearing Required $494.02 TOTAL No Public Hearing $65.37 Table 2. Third party costs for Plan Commission applications (requiring a public hearing) by third party type. Average Per Case Average FY 10-11 FY 11-12 FY 12-13 (2010 - 2013) Meeting Minutes $75.74 $51.57 $61.29 $62.67 Transcripts $374.91 $256.70 $290.37 $305.21 Public Notices $193.29 $81.13 $110.66 $126.15 Total Third Party $643.93 $389.40 $462.31 $494.02 Comparison of Fees to Other Communities  Page 4 of 5 Text Amendments – Plan Commission Fees Staff also researched the Plan Commission application fees for 16 other municipalities in the area. For each application type, the average fee was greater than the fee for the City of Geneva. Geneva’s fees were usually the lowest or one of the lowest for each application type. For example: Geneva’s Map Amendment fee of $250 was the second lowest, and the average Map Amendment fee was $501. Several of the municipalities had additional fees or deposit requirements in place to defray third party costs. PLAN COMMISSION RECOMMENDATION On May 28, 2013 the Committee of the Whole recommended raising all Plan Commission application fees to $500 to cover the cost of the first 2 staff reviews, with an additional $100 to be charged for subsequent staff reviews. The Committee of the Whole also recommended that the City institute a $500 deposit requirement for Plan Commission applications that require a public hearing to cover the cost of third party services (minutes, transcripts, legal notices). On June 3, 2013, the City Council approved the changes for each of the Plan Commission application types found in the Zoning Ordinance. The City Council was able to change the fees for applications found in the Zoning Ordinance because it states that such applications “shall be accompanied by a nonrefundable application fee established from time to time by the City Council.” Fees for Subdivision and Annexation requests are explicitly stated in Subdivision Ordinance and therefore require a public hearing to amend. At its meeting on July 11, 2013 the Plan Commission recommended text amendments to the Subdivision Ordinance which would eliminate the explicit fee references and instead state that subdivision and annexation requests shall be “accompanied by a nonrefundable application fee established from time by the City Council”. The recommended text amendments would allow the City Council to set fees for Subdivision and Annexations requests without a public hearing for an amendment to the text of the Subdivision Ordinance. The specific amendments to Section 12-5-3 (Fees for Subdivisions and Annexations) of the Subdivision Ordinance are shown below. Deletions are struck through (delete) and additions are shown in bold font (addition). 12-5-3: Fees A. Preliminary Plat Review Fee: 1. The fee for review and consideration of the preliminary plat by the plan commission and the staff of the city shall be two hundred fifty dollars ($250.00), plus one dollar ($1.00) per acre or part thereof included in the territory included in the preliminary plat. The owner of the property, or a duly authorized representative of the owner, shall file an application for review and consideration of the preliminary plat with the Community Development Department. It shall be accompanied by a nonrefundable fee established from time to time by the City Council. Said fee shall be paid at the time of application for public hearing on the preliminary plat. B. Final Plat Review Fee:  Page 5 of 5 Text Amendments – Plan Commission Fees 1. The fee for review of a final plat by the staff of the city shall be one hundred dollars ($100.00) plus one dollar ($1.00) per lot or dwelling unit included in the territory platted. The owner of the property, or a duly authorized representative of the owner, shall file an application for review and consideration of the final plat with the Community Development Department. It shall be accompanied by a nonrefundable fee established from time to time by the City Council. Said fees shall be paid at the time of application for final plat approval. C. Annexation Fee: 1. Annexations Without An Annexation Agreement: The fee for review and consideration of an annexation by the city shall be two hundred fifty dollars ($250.00). The owner of the property, or a duly authorized representative of the owner, shall file an application for review and consideration of an annexation with the Community Development Department. It shall be accompanied by a nonrefundable fee established from time to time by the City Council. Said fee shall be paid at the time of petition on said annexation. 2. Annexation With An Annexation Agreement: The application fee for review and consideration of an annexation agreement shall be one thousand dollars ($1,000.00). In addition, petitioner(s) by submitting a petition for an annexation agreement, agrees to pay all reasonable costs incurred by the city for the review negotiation, processing and preparation of documents related to the proposed annexation, including, but not limited to: legal notice requirements, hearings and staff time. The method of payment shall be established by binding agreement at the time of application. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. August 5, 2013 – City Council consideration of request *This timeline is provided for informational purposes only, exact dates are subject to change. ATTACHMENTS Draft Ordinance A copy of the minutes and transcripts from the Plan Commission meeting will be forwarded for your review under separate cover.  ORDINANCE 2013-XX AN ORDINANCE ESTABLISHING APPLICATION FEES FOR PLAN COMMISSION REVIEWS PERTAINING TO TITLE 12 (SUBDIVISION ORDINANCE) OF THE GENEVA CITY CODE AND AMENDING SECTION 12-5-3 OF TITLE 12 TO ELIMINATE EXPLICIT FEE REFERENCES WHEREAS, the application fees for Plan Commission reviews pertaining to Title 12 of the Geneva City Code (Subdivision Ordinance) have not updated since 1975; and WHEREAS, Title 12, Section 12-5-3 establishes explicit fee requirements for annexation and subdivision applications; and WHEREAS, a change to the application fees set forth in Section 12-5-3 of Title 12 requires a text amendment and public hearing before the Geneva Plan Commission; and WHEREAS, the Geneva Plan Commission conducted a public hearing on July 11, 2013 in the City Hall Council Chambers located at 109 James Street, Geneva, Illinois, and unanimously recommended approval of text amendments to Title 12, Section 12-5-3, to eliminate the explicit fee references for subdivision and annexation applications and to instead state that subdivision and annexation requests be “accompanied by a nonrefundable fee established from time to time by the City Council”; and WHEREAS, City staff conducted an analysis of the City’s application fees for Plan Commission reviews and presented the analysis to the Committee of the Whole of the City Council on May 28, 2013; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: Title 12 of the Geneva City Code (Subdivision Ordinance), Section 12-5-3 (Fees), is hereby deleted in its entirety and replaced with the following language: 12-5-3: Fees A. Preliminary Plat Review Fee: 1. The owner of the property, or a duly authorized representative of the owner, shall file an application for review and consideration of the preliminary plat with the Community Development Department. It shall be accompanied by a nonrefundable fee established from time to time by the City Council. Said fee shall be paid at the time of application for public hearing on the preliminary plat. B. Final Plat Review Fee: 1. The owner of the property, or a duly authorized representative of the owner, shall file an application for review and consideration of the final plat with the Community Development Department. It shall be accompanied by a nonrefundable fee established from time to time by the City Council. Said fees shall be paid at the time of application for final plat approval. Ordinance 2013-XX Page 1 of 2  C. Annexation Fee: 1. The owner of the property, or a duly authorized representative of the owner, shall file an application for review and consideration of an annexation with the Community Development Department. It shall be accompanied by a nonrefundable fee established from time to time by the City Council. Said fee shall be paid at the time of petition on said annexation. SECTION 2: Annexation, preliminary and final plat of subdivision application fees for Plan Commission review are set as follows: Request Nonrefundable fee Deposit Annexation $500 for 2 reviews, $100 for $500 each additional review Subdivision – Preliminary $500 for 2 plan reviews, $100 $500 for each additional review Subdivision – Final $500 for 2 plan reviews, $100 - for each additional review Requests that require legal review - $1,000 Requests that require stormwater review $50 $2500 SECTION 3: The above application fees shall go into effect upon approval by the Geneva City Council. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of _______ 2013. AYES:______NAYS:______ABSENT:______ABSTAINING:_____HOLDING OFFICE:_____ APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this _____ day of _______ 2013. ___________________________________________ Mayor ATTEST: ______________________________________ City Clerk Ordinance 2013-XX Page 2 of 2  AGENDA ITEM EXECUTIVE SUMMARY Title 4, Business and License Regulations, Chapter 2, Liquor Agenda Item: Control, Sections 4-2-1 and 4-2-12 Code Amendment Presenter & Title: Mary McKittrick, City Administrator Date: July 17, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: YES Budgeted? N/A NO If NO, please explain how the item will be funded: N/A Executive Summary: The following proposed text changes to the Liquor Code are a matter of housekeeping. Staff suggests clarifying language as it relates to the details of the outdoor seating licenses (for liquor establishments) and related required fencing. In an effort to clarify acceptable fencing requirements, staff is suggesting that we amend the Code as follows: 4-2-1: Definitions: Fencing: A structure which encloses real property, wholly or partially, to control entry and exit to the licensed premises which much be a minimum of three (3) feet tall and a maximum of six (6) feet tall. Where required in this Code, such fencing may shall be permanent or semi-permanent or temporary, subject to the following criteria: 1. Permanent fencing-Wrought iron fencing, wood fencing, stone, chain link, steel or wire or plastic panels anchored in the ground on a permanent continuous basis or other materials or styles as approved by the City. 2. Semi-permanent fencing-Plastic fencing or panels constructed of Wrought iron fencing, wood fencing, stone, chain link, steel, wire, or plastic panels anchored with sandbags in bases weighing no less than thirty pounds (30 lbs) each or temporarily anchored in the ground, or other materials or styles as approved by the City. 3. Temporary fencing-Plastic construction fence, snow fencing, or other materials or styles as approved by the City (allowed for special events only). 4-2-12: Outdoor Seating License:  A. Notwithstanding any other provision of this Code, it shall be unlawful for any retail liquor licensee to serve alcoholic liquor at an outdoor seating area without first obtaining a license, as provided herein. B. An "outside seating area" means a privately owned outdoor location within the property licensed for consumption on the premises, excluding any private parking area, where alcoholic liquor may be sold and consumed subject to the provisions governing outdoor seating licenses herein. 1. Such outdoor seating area may be allowed within a certain Class B, C, or D licensed premises, as defined in this chapter, subject to the following conditions: Any outdoor area where alcohol is sold or consumed shall be enclosed or cordoned off by use of a fence which shall be not less than three (3) feet in height nor more than six (6) feet in height, and provided with required, unobstructed exits as prescribed by the fire prevention code. Such outdoor seating area shall be clearly designated with a permanent or semi-permanent fence and/or barrier consistent with the existing zoning and building ordinances of the City Code. Attachments: (please list) Ordinance will be provided for formal City Council approval. Recommendation / Suggested Action: (briefly explain) Staff recommends amending Title 4, Business and License Regulations, Chapter 2, Liquor Control, Sections 4-2-1 and 4-2-12 of the City Code of Ordinances as presented.