Committee of the Whole

COMMITTEE OF THE WHOLE Monday, August 26, 2013 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 August 12, 2013 4. Items of Business a. Proclaim September 2013 as Hunger Action Month in the City of Geneva, IL. b. RTA Travel Training Program Presentation – Kristen Salkas, RTA Representative c. Recommend Draft Resolution Authorizing Purchase of One (1) 2013 Ford Interceptor Police Car from Morrow Brothers Ford in the Amount of $32,300.00 d. Recommend Draft Resolution Authorizing Purchase of One (1) Utility Truck from Bob Ridings Fleet Sales in the Amount of $92,944.00. e. Recommend Draft Resolution Declaring Surplus Property 1999 Utility Truck and Place on iBid Auction Site. f. Recommend Draft Ordinance Amending Title 9, Ch. 2 (Water & Sewer Rates) to Set Customer Charge for Temporary Water Connection and Consumption. g. Recommend Updates to City’s Special Event Application Process and Cost Recovery Policy. h. Recommend Plan Commission Public Hearing on City Code Amendments for Consolidation of Zoning Board of Appeals and Plan Commission to Establish “Planning and Zoning Commission.” 5. New Business *6. Upcoming Meetings: Committee of the Whole: September 9, 2013 7. Closed Session on the Purchase or Lease of Real Property for the Use of the Public Body. 8. Adjournment  COMMITTEE OF THE WHOLE MINUTES AUGUST 12, 2013 Present: Mayor Burns, Ald. Brown, Bruno, Cummings, Jr., Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Vogelsberg Also Present: McKittrick, Dawkins, Buffington, Evans, Koster 1. Call to Order Chairperson Vogelsberg called the meeting to order at 7:00pm noting that all council members were present. 2. Consider Consent Agenda Moved by Ald. Singer, second by Ald. Brown V/V: 10-0 Motion carried. *3. Approve Committee of the Whole Minutes from July 22, 2013 Approved on Consent Agenda 6. Closed Session on Probable Litigation Closed session on probable litigation was moved up on the agenda at 7:02pm – moved by Ald. Maladra, second by Ald. Singer. V/V: 10-0 The council returned to open session at 7:31pm on a motion by Ald. Brown, second by Ald. Cummings, Jr. V/V: 10-0 4. Items of Business At the request of the applicant, Item H. was removed from the agenda on a motion by Ald. Marks, second by Ald. Flanagan. V/V: 10-0 Motion carried. a. Recommend Approval of Request by Zellmer Childhood Disease Foundation to Use Public Rights of Way September 28-29, 2013 for “Pumpkins for a Cure” event. Moved by Ald. Cummings, Jr., second by Ald. Brown V/V: 9-0-1 (Bruno recused) Motion carried. b. Recommend Approval of Request by Zellmer Childhood Disease Foundation to Use Public Rights of Way, Street Closures and Police Services September 28, 2013 for “Trick or Trot” 10K Run. Moved by Ald. Brown, second by Ald. Cummings, Jr. V/V: 9-0-1 (Bruno recused) Motion carried. Committee of the Whole Page 1 c. Recommend Approval of Request by Kiwanis Club to Use Public Rights of Way September 27-28, 2013 to Solicit “Peanut Day” Donations. Moved by Ald. Flanagan, second by Ald. Marks Discussion on locations and request by Zellmer group to make sure Kiwanis solicitors stay clear of their event. Mayor Burns stated that they would be contacted on that request. V/V: 10-0 Motion carried. d. Recommend Approval for Use of Public Property August 31, 2013 for Outdoor Music Pre-Folk Event. Moved by Ald. Maladra, second by Ald. Marks V/V: 10-0 Motion carried. e. Recommend Approval of Request by Geneva Park District and Fox Valley Folklore Society for Use of City Parking Lot and Electric Service September 1-2, 2013 for “Fox Valley Folk Fest” Moved by Ald. Brown, second by Ald. Maladra V/V: 10-0 Motion carried. f. Consider Request by Geneva Concours d’Elegance for Additional Street Closure and Tents August 25, 2013. Moved by Ald. Flanagan, second by Ald. Cummings, Jr. Patt Barrett was on hand to answer questions on the additional approvals. V/V: 10-0 Motion carried. g. Recommend Approval of Request by Cystic Fibrosis Foundation to Use Police Services September 7, 2013 for “Cycle for Life” Event. Moved by Ald. Maladra, second by Ald. Bruno V/V: 10-0 Motion carried. h. Consider Waiver of Surety Bond and Cash Deposit Requirement for Must Love Dogs as Part of Itinerant Vendor License for Hot Dog Cart at 477 S. Third Street. (removed from the agenda) i. Recommend Approval of Special Event Liquor Licenses During Festival of the Vine September 6-8, 2013. Moved by Ald. Marks, second by Ald. Simonian V/V: 10-0 Motion carried. j. Recommend Approval of Draft Resolution Authorizing Bid Award and Execution of Labor Contract with Intren for 2013-14 Hamilton Street Overhead Wire Replacement Contract in the Amount of $161,788.23. Committee of the Whole Page 2 Moved by Ald. Cummings, Jr., second by Ald. Marks V/V: 10-0 Motion carried. k. Recommend Draft Resolution Awarding Bid and Contract to Kelso-Burnett co in the Amount of $315,064.00 for Geneva Business Park Two Substation Relay Upgrade. Moved by Ald. Flanagan, second by Ald. Bruno V/V: 10-0 Motion carried. l. Recommend Draft Resolution Rejecting All Bids for Fire Station #2 HVAC Replacement Project and Authorize Rebid Process. Moved by Ald. Marks, second by Ald. Cummings, Jr. V/V: 10-0 Motion carried. m. Consider Authorization to Conduct Plan Commission Public Hearing on City-Initiated Text Amendment to Geneva Zoning Ordinance Related to the Definition of the Term “Family”. Moved by Ald. Brown, second by Ald. Maladra Dir. Untch reviewed the item with the council, stating that the definition of ‘family’ as it relates to zoning was in need of review and possible updating. Tonight’s action would allow that process to begin by scheduling a plan commission hearing on the matter. V/V: 10-0 Motion carried. 5. New Business *7. Upcoming Meetings: Committee of the Whole: August 26, 2013 8. Adjournment On a motion by Ald. Marks, second by Ald. Bruno, the meeting was adjourned by unanimous voice vote at 7:54pm. Committee of the Whole Page 3  AGENDA I TEM E XECUTIVE SUMMARY Agenda Item: Request to Purchase One (1) 2013 Ford Interceptor Police Car Presenter & Title: Commander Eric M. Passarelli Date: August 26th, 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 - X YES Estimated Cost: $32,300 Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The FY2013-2014 budget includes approved expenditures of $32,300 for the purchase of a new Police Department vehicle plus all associated conversion costs. This new squad car will replace one (1) 2008 Chevrolet Impala currently in our fleet. This budgeted purchase will allow us to maintain a rotation system within our fleet of vehicles and allow us to remove a five (5) year old Chevrolet Impala with over 100,000 miles from day to day use. The 2008 Chevrolet Impala will then be rotated into an administrative vehicle role and will eventually replace a 2003 Ford Crown Victoria with over 150,000 miles. I will be bringing forward a surplus declaration request at a later time once it is determined which vehicles will be most eligible for this declaration. We currently have one (1) Ford Interceptor in the fleet and are very satisfied with its performance. The Ford Interceptor is a state bid vehicle and the vendor (Morrow Brothers Ford in Greenfield Illinois) is the winner of the State contract. Attachments: (please list) • Recommendation / Suggested Action: (briefly explain) We respectfully request that the council consider and approve the purchase of a 2013 Ford Interceptor in the amount of $25,049 and additional conversion costs.  RESOLUTION NO. 2013-__ RESOLUTION AUTHORIZING THE PURCHASE OF A POLICE SQUAD VEHICLE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of the City of Geneva, the purchase of a 2013 Ford Interceptor to be used by the City of Geneva Police Department as a squad vehicle. 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 ___ day of__________, 2013. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this ___ day of__________, 2013. Mayor ATTEST: City Clerk  AGENDA ITEM EXECUTIVE SUMMARY Consider Draft Resolution Authorizing the Mayor to Award Agenda Item: through State of Illinois Joint Purchase Program, Replacement of one Utility Truck Presenter & Title: Michael J. Buffington, Superintendent of Electrical Services Date: August 21, 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: $93,000 X YES Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: Truck G114 is a utility truck with a crane. The truck chassis was purchased in 1999 and the city reused the body & crane from a 1989 truck. This truck is used daily for system maintenance & outages. Staff is proposing to purchase the truck utilizing the State of Illinois Joint Purchase program, using the statewide competitive bidding, the low bidder is Bob Ridings Fleet Sales, Taylorville, Illinois. The price of the truck is $92,944, coming in on budget, includes the cab and chassis, body, crane and delivery to the Geneva PW. It will be expensed under line item 620.90.95.95-825. Attachments: (please list) Resolution State Contract Proposal Capital Request Recommendation / Suggested Action: (briefly explain) Approval to award this purchase contract, utilizing the State of Illinois Joint Purchase program, to Bob Ridings Fleet Sales, Taylorville, Illinois for the amount of $92,944.00 coming in on budget.  RESOLUTION NO. 2013-__ RESOLUTION AUTHORIZING Awarding Replacement of a Utility Truck BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor is hereby authorized to award on behalf of the City of Geneva, through State of Illinois Joint Purchase Program, the purchase of a Utility Truck as recommended by Staff, relating to the construction and maintenance of the electric distribution system. 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, and this 3rd day of September, 2013. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this 3rd day of September, 2013. . Mayor ATTEST: City Clerk  Bob Ridings Fleet Sales Todd Crews, Fleet Sales Mgr. 931 Springfield Rd Taylorville IL 62568 Ph. 217-824-2207 Email toddfleet@aol.com Fax 217-824-4252 Thursday, August 08,2013 KIRK LANDBERG CITY OF GENEVA 1800 SOUTH ST GENEVA, IL 60134 Dear Kirk: Thank you for your inquiry about our Fleet Sales Program, note this proposal is in association with our State of Illinois contract # 4017340. We are pleased you are considering us for your new truck and we can order it as follows. Note delivery is estimated in 120 days+ after your order. 1 2014 Ford F550 Regular Cab 4x4 Chassis ONLY Includes All Standard Pkg Equipment 18,000 Min GVWR 6.8 Litre V10 wl5spd Automatic Air Conditioning Tilt Wheel AM/FM Upfitter Switch Panel BASE COST $29,610.00 USE 84" CA, 165" Wheelbase $165.00 NOTE CRUISE CONTROL & Power Windows/Locks/Mirrors NOT Ordered ADD USE MANUAL HUBS wN10 4.88 Limited Slip Axle $310.00 Snowplow Prep Pkg $75.00 TGB All Terrain Tires $210.00 NO Spare Tire Built in Factory Trailer Brake $195.00 High Capacity Trailer Pkg $325.00 PTO Provision $250.00 F550 PAYLOAD UPGRADE Pkg $1095.00 19,500 GVWR (1) Extra Programmed Key $25.00 Factory Black Running Boards $300.00 Delivery to your Location $225.00 New Municipal Lie & Title $155.00 Subtotal $32,940.00 White Ext, Steel Gray VINYL 40/20/40 Split Seat, Full Vinyl Floor Covering ASTORIA 11ft FIBERGLASS Service Body Pkg w/ALTEC Tiger 3215 Crane & Related Altec Quote 175426-2 $60,054.00 YOUR COST, PIO # Pending $92,994.00 NOTE if this outline is incorrect in any way please call me IMMEDIATELY to correct it. Please contact me with any questions and thanks for your business! Sincerely, Todd Crews Fleet Sales Manager  FY 2013-14 CAPITAL REQUESTS Department: Public Works Department Priority Ranking: #1 Fund Number: 620.90.95 Submitted By: Michael J. Buffington Account Number: 825 Date: 08/21/2013 Use this form to request capital expenditures if the item has a value of at least $5,000 and a useful life over one year. Complete a separate form for each item or group of identical items. If the requested expenditure is replacing an existing item, complete the Replaced Item section below. Use actual cost data where possible. The net cost should reflect the gross cost less trade-in value. Prioritize each item with the highest priority as #1, the next as #2, and no lower than #3. Purchase Item Requested Quantity Date Net Cost $ 93,000 Utility Truck with Crane, F450, 4W 1 1999 Justification For Request (Attach separate sheet if necessary): Replaces a 1999 Utility Truck , FORD F450 4W Mileage 49,495 – recommendation 50,000 Chassis 164 months in service – recommendation 120 months of service Body & Crane 284 months in service Need $5,000 in repairs Vehicle is used daily, system maintenance & outages Decrease maintenance, labor costs & outside repairs Estimated operating budget annual dollar: (Check one) $5,000 Increase Decrease Increase X No impact (Fill in positive/negative dollar amount when applicable.) Check One New Item: or Replaced Item: X Replaced Item: Disposition of Replaced Item (Check all that apply) Description: Utility Truck , Use by Another Department: FORD F450 4W crane Fixed Asset Number: Cost Control Center: Vehicle Number: G-114 Use by Another Agency: Serial Number: Which Agency: 1FDXF47F6XEF00431 Age: 14 yrs Trade In: Year 1999 Trade In Value: $2,000 Mileage: 49,495 Auction: X Estimated Value: $0 Which Auction: Ibid  AGENDA ITEM EXECUTIVE SUMMARY Consider Draft Resolution Authorizing the Mayor to Declare the Agenda Item: 1999 Utility Truck Surplus. Presenter & Title: Michael J. Buffington, Superintendent of Electrical Services Date: August 21, 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: With the recommendation of replacement of 1999 Utility Truck, the staff is requesting that the 1999 Utility Truck currently in the City’s fleet be declared surplus. Attachments: (please list) Resolution Recommendation / Suggested Action: (briefly explain) Approval to declare the 1999 Utility Truck surplus and put on Ibid.  RESOLUTION NO. 2013-__ RESOLUTION AUTHORIZING DECLARATION OF 1999 UTILITY TRUCK AS SURPLUS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor is hereby authorized to declare 1999 utility truck as surplus, as recommended by Staff, relating to the construction and maintenance of the electric distribution system. 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 3rd day of September, 2013. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this 3rd day of September, 2013. Mayor ATTEST: City Clerk  AGENDA ITEM EXECUTIVE SUMMARY Amendment to Title 9 MUNICIPAL Utilities, Chapter 2 WATER and Agenda Item: SEWER to set a customer charge for temporary water connection and consumption. Presenter & Title: Ellen Divita, Director of Economic Development Date: August 26, 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: N/A Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: Currently no fees are charged for the use of public property or the administrative costs of approving special events. In November 2011 the Council adopted a formal policy to recover costs related to provision of electric service during temporary events. A similar formal policy for recovering costs related to water service during temporary events is recommended here. Attachments: (please list)  Memorandum  Proposed Ordinance Recommendation / Suggested Action: (briefly explain) It is recommended the Committee of the Whole consider and act on this recommendation to amend Title 9 MUNICIPAL UTILITIES, CHAPTER 2 WATER AND SEWER of the City Code to set a customer service charge for temporary water consumption.  City of Geneva Economic Development Department 22 S. First Street Geneva, Illinois 60134 (630) 232-7449 Direct (630) 232-1494 Fax Memorandum August 26, 2013 TO: Mayor Burns and Committee of the Whole FROM: Members of the Special Event Process Improvement work team: Bob Van Gyseghem Jennifer Hilkemann Dick Untch Mike Frieders Dustin Schultze Jeanne Fornari Steve Olson Paul Evans Steve Mexin Ellen Divita Mary McKittrick Dan Dinges Eric Passarelli Stephanie Dawkins Jerry Koster RE: Recommendation to modify the City Code charges to recover costs for temporary water use during Special Events. (via a hydrant/meter connection). Since 2007 an intradepartmental work team has monitored, reviewed, and recommended approval of Special Events in the City, as it relates to request to use the Public Right of Way, and requests for City assistance. Currently no fees are charged for the use of public property or the administrative costs of approving special events. Whenever possible, activities which provide assistance for special events are programmed into normal during normal work hours, avoiding overtime. Overtime costs incurred by Police, Fire, and all Public Works Divisions (Streets, Electric, Water) are currently billed to the applicant. If overtime is required, event organizers are billed directly for the actual costs, except for the Chamber Festivals which the City assists at no extra charge. For most events, the City is not reimbursed for the full cost of assistance and it is noted that even with work done during regular shift hours, costs are incurred and staff time is taken away from other core City functions. In November 2011 the Council adopted a formal policy to recover costs related to provision of electric service during temporary events. A similar formal policy for recovering costs related to water service during temporary events is recommended here. City water connections are requested for two on-going events: Swedish Days and Festival of the Vine. In the past a water connection was needed for the City of Geneva Cultural Arts Commission Sno-Sculpting. The City Water Utility is able to install meters and backflow prevention during normal work hours for each of the two Chamber Festivals. The Chamber is not charged for the connection for the water used; 1 usage is minimal. The City does, however, charge the private company which runs the carnival during Swedish Days. Of three events named above, water use has been greatest for the CAC Sno Sculpting event. When the event was last run in 2011, the usage was 7,550 cu/ft and would have cost $443.92 in water and sewer fees; the Council waived water connection and water costs for the event. In comparison, Swedish Days averages 100 cu/ft and the average household uses 700 cu/ft per month (which equates to $1.50 per day for water and sewer). (The conversion rate is 1 cu/ft = 7.48 gallons.) The team felt the City should seek to recover costs incurred in the Enterprise funds when delivering services to all for-profit organizers and for out of town non-profit organizers. The cost of labor to make connections for all three utilities is higher than the actual cost of the commodity. Requests for electricity are common, requests for water are rare. Recommendation: Amend Title 9 MUNICIPAL UTILITIES, CHAPTER 2 WATER AND SEWER of the City Code to set a customer service charge for temporary water consumption. 2  ORDINANCE NO. 2013-XX AN ORDINANCE AMENDING TITLE 9, CHAPTER 1, ARTICLE 1A (MUNICIPAL UTILITIES; MUNICIPAL WATER AND SEWERS) OF THE GENEVA CITY CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, that the following sections of the Geneva City Code be amended as follows: SECTION ONE: That Article 1A of Chapter 1 of Title 9 of the Geneva City Code is hereby amended by adding the following subsection 9-1A-20 (Temporary Water Requests; City-sponsored festivals/special events): 9-1A-20: - TEMPORARY WATER FOR CUSTOMERS PARTICIPATING IN CITY SPONSORED FESTIVALS AND SPECIAL EVENTS AND SPECIAL REQUESTS: A. Temporary Water service to Not-For-Profit Customers: Subject to the conditions and requirements set forth below, the City of Geneva ("city") shall make available, upon request, temporary water services to City of Geneva-based not-for-profit entities that are registered to participate in a City-sponsored festival or special event. Temporary water service shall be used solely for food booths, or such other purpose which is authorized, in writing, by the City Administrator, or designee, during the time period of the City-sponsored festival, or special event. Such service will be provided only through connections established by the City’s Public Works Department at locations which are approved by the Superintendent of Water & Sewer services, or his designee. Temporary water service charges shall include a monthly customer service charge based on meter size and a consumption charge based on the reading from the meter. In no event will the City install new water lines or other facilities solely for the purposes of providing water service for food booths or other special event facilities. At the City's sole discretion, fees for providing temporary water services may be waived on a festival or special event basis; otherwise, temporary water service charges shall include a monthly customer service charge based on meter size and a consumption charge based on the reading from the meter. Consumption will be billed at 150% of the tier one (1) rate under this title. There will be a minimum charge of $50 and all charges shall be payable within thirty (30) days of the date of invoice from the city. B. Temporary Water service to For-Profit Customers: Subject to the conditions and requirements set forth below, the City of Geneva ("city") shall make available, upon request, temporary water services to for-profit entities that are registered to participate in a City-sponsored festival, or special event. Temporary water service shall be used solely for food booths, or such other purpose which is authorized, in writing, by the City Administrator, or designee, during the time period of the City-sponsored festival, 3 or special event. Temporary water services will not be provided to itinerant vendors or transient merchants for food carts or other vehicles. In no event will the city install new water lines or other facilities solely for the purposes of providing water service for food booths or other special event facilities. Temporary water service charges shall include a monthly customer service charge based on meter size and a consumption charge based on the reading from the meter. Consumption will be billed at one and a half (1.5) times of the tier one (1) rate under this title. All fees and charges shall be payable within thirty (30) days of the date of invoice from the city. There will be a minimum charge of $50 and all charges shall be payable within thirty (30) days of the date of invoice from the city. 4  AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Recommended changes to City special events policy and process Presenter & Title: Ellen Divita, Director of Economic Development Date: August 26, 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: N/A Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The City averages over 60 requests a year for use of public rights- of-way and/or City services in conjunction with a special event staged in the City. At the request of the City Administrator an intra-departmental work team reviewed the process, procedures, and costs involved in providing these services. The attached memorandum outlines recommendations from the team. The work team goals were to develop uniform policies and procedures, create systematic communication between departments, identify efficiencies, shorten the review time for applicants, assist with service delivery, and increase public safety during special events. Tonight the Council is asked to consider and act on these recommended changes to the special event application process and cost recovery policy:  Modify City Code to allow for administrative approval of low impact events with no threat to public safety.  Limit low impact walk/run events to a pre-set list. The four pre-approved routes and two existing events on alternative routes would be administratively approved. Moderate impact walk/runs on alternate routes would be reviewed, based on available resources and applicant’s agreement to pay costs.  Increase the length of time a street closure can be authorized by the City Administrative Staff from the twelve hours currently allowed by Code, to twenty-four hours.  Minor clean up of City Code in Title 4, 6, and 8 to update positional titles for consistency and to reflect current City position titles. In total, as described in the memo, the benefit of these changes will be reduced paperwork and time for applicant and staff; less demand on Public Works and Police Department services; less disruption in the community with street closures; a decreased number of applications before Council; reduced review times and a quicker response for the applicant; and consistent language in the City Code. With recommendation from the Committee of the Whole, the recommendations required will be brought to City Council in ordinance format. The operative changes are detailed in the Exhibit to the memorandum. The City Attorney has reviewed the revised code sections. Attachments: (please list)  Memorandum detailing the 4 recommendations  Exhibit identifying Recommended changes to Geneva Municipal Code: o Title 4, Chapter 4 Business and License Regulations o Title 6, Chapter 7 Parades o Title 8, Chapter 1 Streets, Sidewalks, and Public Property Recommendation / Suggested Action: (briefly explain) It is recommended the Committee of the Whole consider and act on these changes to the special event application process and cost recovery policy.  City of Geneva Economic Development Department 22 S. First Street Geneva, Illinois 60134 (630) 232-7449 Direct (630) 232-1494 Fax Memorandum August 26, 2013 TO: Mayor Burns and Committee of the Whole FROM: Members of the Special Event Process Improvement work team: Bob Van Gyseghem Jennifer Hilkemann Dick Untch Mike Frieders Dustin Schultze Jeanne Fornari Steve Olson Paul Evans Steve Mexin Ellen Divita Mary McKittrick Dan Dinges Eric Passarelli Stephanie Dawkins Jerry Koster RE: Recommended changes to City special events policy and process Prior to 2007 there was not a consistent process to review and approve requests to use of City right-of- way (ROW) and/or City services for Special Event and Fundraising activities. At the request of the City Administrator, from November 2009 through 2010 a work team comprised of representatives from each department met and systematically reviewed the process, procedures, policy, application form, and costs involved in providing these services. The work team goals were to:  develop uniform policies and procedures  create systematic communication between departments  identify efficiencies and shorten the review time for applicants  assist with service delivery/ increase public safety during special events  ensure the City is covered by insurance during the event (risk management) Different events require/request different levels of City resources/public services, have different impact on neighboring properties and parking, and create different public safety concerns. The more complex the event, the more City Departments are involved in application review and providing services. The level of impact is derived from the length of the event, day of week, number of attendees, and whether the event occurs on private or public property. From most intensive to least intensive, event categories can be sorted into four general categories: 1. High Impact. The five (5) City sponsored and designated festivals (Swedish Days, Fine Arts Show, Concours d’Elegance, Festival of the Vine, and Christmas Walk) are the most intensive events because they are multi-day, involve multiple street closures that significantly 1  impact traffic flow, require multiple City services, have high pedestrian/traffic volume, and/or include food/beverage. 2. Medium Impact. This includes events like Gardenology, Pumpkins for a Cure, bike races, and Parades. Walk/runs involve physical activity and have the potential to create automobile/pedestrian conflicts or a need for medical care. Accordingly, these events may require manpower to ensure safety. Some walk/runs bring medium impact because they cross state routes and/or come through downtown. The routes used for the Viking Sunset 5k and the Multi-Sport Triathlon are medium impact. 3. Low Impact. Sidewalk sales; use of parking spaces for hearing or vision screening services, etc.; and requests to solicit via tag, or “candy days” on the corner. Walk/runs which do not involve significant closures of intersections are low impact – these are held on the Fox River Bike Path, at the Government Center, at Peck Farm, and at Viking Drive. Our Police and Fire Departments are skilled in overseeing these events. Routes other than these six identified here can be problematic due to staffing requirements. Low impact events typically occur without incident, and do not detract from public parking or public safety. At the September 26, 2011 policy discussion meeting, the Committee of the Whole appeared comfortable with administrative review of these low impact events. 4. Private Property Events. Events on private property can impact surrounding streets, property owners, neighboring businesses, and public safety (blocking fire or police access to a building). Organizers complete an event application as a formal mechanism to identify any public safety concerns and to alert all departments to the event. Insurance is not required as the event is on private property. The City Code does not require City Council approval. Recommendations Based on review and monitoring over the past few years, the work team believes several policy and code changes are needed. Staff is recommending that Council consider and act on these changes to the special event application process and cost recovery policy: Recommendation #1. Modify City Code to allow for administrative approval of low impact events with no threat to public safety. Recommended changes to 8-1-6-1.C as found in Exhibit A. Approval of low impact “events,” would be by the City Administrator, or his/her designee. An event application would be submitted and routed to all Departments, including a request for an insurance certificate naming the City of Geneva as an additional insured, and Council would be advised of the request/approval. Benefit – reduced paperwork and time for applicant and staff. Recommendation #2. Limit low impact walk/run events to a pre-set list and allow administrative approval of same. Review moderate impact walk/runs on alternate routes, based on available resources and applicant’s agreement to pay costs. Walk/runs as fundraisers continue to increase in popularity. The City approved eleven (11) walk/run events in 2012. Races along the bike path, at the Government Center, Peck Farm, and on Viking Drive are known routes and easy for Geneva Police/Fire and Public Works to provide assistance. Races at other courses have proven problematic because alternate routes usually cross state routes, and/or cut through 2 the downtown business district; require multiple street/intersection closures; and necessitate multiple planning meetings. The manpower for alternative routes can cost over $1000 with expenses paid by the event sponsor. The Police Department recommends the City only allow pre-set routes as a means to minimize both planning time and personnel costs:  Fox River Bike Trail Path (subject to County /Forest Preserve and Park District approval). Due to capacity of the trail, events along the Fox River Bike Trail are now limited to one per weekend day by the overseeing agencies.  Kane County Government Center (subject to County / Forest Preserve approval)  Peck Farm (subject to Park District approval on their property)  Geneva Middle School/Viking Drive (subject to School District approval)  The Multi-sport Madness event on the Cadence Hospital Delnor campus to be grandfathered in for administrative approval.  The Viking Sunset 5K on the Geneva High School route to be grandfathered in for administrative approval. Walk/runs are not specifically called out in the City Code and nothing in the Code precludes a pre- designated list of course routes. Title 8, Public Streets and Sidewalks oversees use of for display and sale of merchandise, and Title 6 Police Regulations provides administrative approval to authorize use of the public right way for parades, marches, assemblages or gathering other than funeral processions. (Included in Exhibit A). As housekeeping, Title 6, Chapter 7 should be amended to include “walk/race” in the definition of an “event.” The four pre-approved routes and two existing events on alternative routes would be administratively approved. Requests for races on alternate routes would be evaluated on a case-by-case basis and could also be approved administratively, pending available resources and the applicant’s consent to pay for labor costs. Benefit – reduced paperwork and time for applicant and staff; less demand on Public Works and Police Department services, less disruption in the community with street closures, and reduced review time. Recommendation #3. Increase the length of time a street closure can be authorized by the City Administrative Staff from the twelve hours currently allowed by Code, to twenty-four hours. The City Code allows authority to the City Administrator and Police Chief (Code is inconsistent) to approve temporary use of City streets and rights-of-way: parades, non-commercial gatherings, including political rallies, and short term street closures. The Police Department approves requests for block parties and car washes. Public Works provides “low suds” soap which creates less impact at the Wastewater Treatment plant. The work team observed:  The need to post street closure or no parking signs (for example to place the Lions Club Hearing Van) requests are usually made for 24 hours to ensure the parking spaces will be vacant.  Parades are often requested with a short notice, as in the case of a sports championship or to recognize a community member returning from military duty. However, these activities require City resources. 3   Requests are usually for a few more spaces than is needed to ensure that vehicles or tents can be placed within the requested space; the Code allows for authorization of 2 spaces to be used. The recommendation is to increase the length of time for which the City Administrator can authorize a street closure up to twenty-four hours, from the current duration of twelve hours. There have been no issues with these closures and extending the time frame would reduce paperwork and shorten approval time. See proposed change to 8-1-6-1.C, found in Exhibit A. Benefit – decreases the number of applications before Council without compromising public safety, and allows a quicker response for the applicant. Recommendation #4. Minor clean up of City Code updating positional titles for consistency and to reflect current City staffing. Proposed changes to the City Code are found in Exhibit A. Changes includes minor “housekeeping” to correct inconsistent use of positional titles to which authority is delegated, generally amending authority to City Administrator or designee for consistency. The “Building Commissioner” is added to 4-4-4-2: GENERAL REGULATIONS. Benefit – consistent language in the City Code. 4 EXHIBIT A – Current City Code noting proposed changes with strike-out and use of “bold” for additions. Title 4 BUSINESS AND LICENSE REGULATIONS CHAPTER 4, BUSINESS AND LICENSE REGULATIONS Currently: o Requires City Council approval for use of streets, sidewalks and public places for amusements. o Requires the Chief of Police and Fire Chief to inspect all amusements. Makes it unlawful for amusements or shows to cause a riot or disturbance. (1975 Code § 5-6) Propose (in Bold Below): o Housekeeping item – include Building Commissioner as inspector. 4-4-4-2: GENERAL REGULATIONS: A. Use Of Streets, Sidewalks And Public Places: No permit shall be granted or given for any exhibition, show or other amusement to be given on any public street or sidewalk or in such place that the only main accommodation for the public or the audience will be in a public place, except on order of the city council. (1975 Code § 5-2) B. Inspection Of Facilities: It shall be the duty of the Chief of Police, Fire Chief, and Building Commissioner, or their designees to see that every exhibition, amusement, theatrical or other public show or amusement is inspected by a member of the police, and fire departments and building division, and to ensure conformity with the provisions concerning such amusements. (1975 Code § 5-4) C. Amusements Or Shows Causing Riots Or Disturbances: It shall be unlawful to present any public amusement or show of any kind which tends to or is calculated to cause or promote any riot or disturbance. (1975 Code § 5-5) D. Compliance Required: It shall be unlawful to operate or permit the operation of any amusement licensed in this chapter unless the premises in which such amusement is operated or permitted to be operated conforms with all the provisions or requirements in this Code or other ordinances of the city relating to public buildings and public gatherings. (1975 Code § 5-6) E. Fees: A. The fee per each Special Event license required by this section shall be fifty dollars ($50.00) for each table. B. A minimum fee of $50 for use of City barricades plus direct cost of labor to provide C. Cost of refuse collection to be billed directly 5 EXHIBIT A – Current City Code noting proposed changes with strike-out and use of “bold” for additions. Title 6 POLICE REGULATIONS TITLE 6, CHAPTER 7 PARADES Currently: o allows the City Administrator administrative approval to authorize a person, group or organization to conduct, sponsor, or take part in any parade, march, assemblage or gathering, other than a funeral procession, on any public street, alley or other public way through a permit process as provided in Chapter 7. o The word “event” is used within the chapter to refer to any parade, march, assemblage or gathering regulated by the chapter. Approval or denial is to occur within five (days) after receipt of the permit so this clearly provides authority for administrative review and approval of parades and non-commercial gatherings. Ten day advance notice may be waived upon decision of City Administrator. o The definition of “event” does not address walk/runs. These are not addressed anywhere in the City Code; the only regulation on use of public right of way is for sale/display of merchandise (in Title 8). Propose: o For consistency add the wording “or designee” in addition to City Administrator. o Include “walk/runs” in the definition of “event.” 6-7-1: PERMIT REQUIREMENTS: A. Permit Required: It shall be unlawful for any person, group or organization to conduct, sponsor or take part in any parade, march, assemblage or gathering, other than a funeral procession, on any public street, alley or other public way without first obtaining a permit as provided in this chapter. The word "event" is used hereafter to refer to any parade, march, walk/runs, assemblage or gathering regulated by this chapter. B. Application: Application for a permit under this chapter shall be made in writing to the City Administrator or designee not less than ten (10) nor more than thirty (30) days prior to the date upon which the event is to be held. Each application shall state the name, address and phone number of the person, group, or organization holding the event; the purpose of the event; the number of participants, vehicles and floats; the proposed route or location; the date and hours for which the permit is desired and such other pertinent data as would assist the city in making plans to conduct the event. Where good cause is shown therefor, the city administrator shall have the authority to consider any application hereunder which is filed less than ten (10) days before the date such event is proposed to be held. C. Issuance, Denial, Alternative Permits: The city administrator or designee shall act upon the application within five (5) days after its receipt: 1. If approved, the city administrator or designee shall issue a permit which specifies the date of the event, its time of inception and duration, its route or location, and such other information as he shall find necessary to the enforcement of this chapter. 6  2. If the application is denied, the city administrator or designee shall immediately notify the applicant by mail, stating the reasons for the denial of the permit. 3. The city administrator or designee, in denying an application for a permit, shall be empowered to authorize the conduct of the event on a date, at a time, over a route, or at a location different from that named by the applicant. An alternate permit shall conform to the requirements of this chapter. D. Appeal Procedure: Any applicant aggrieved by the action of the city administrator or designee, shall have the right to appeal the denial of the permit to the city council within ten (10) days after receiving written notice of this appeal. E. Revocation Of Permit: The city administrator or designee shall have the authority to revoke a parade permit issued hereunder upon violation of the standards for issuance as herein set forth. (2003 Code) 6-7-2: STANDARDS FOR PERMIT ISSUANCE: The city administrator, or designee, shall issue a permit when he finds: A. That the proposed route or location has not been reserved for other use on the date and hours requested in the application; B. That the conduct of the event will not substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic at or contiguous to the place where the same is conducted or held; C. That the conduct of the event will not prevent or unduly interfere with normal fire and police protection in the city; D. That the event is for a lawful purpose and is not intended to cause a public disturbance or breach of the peace; E. That the event is not held purely for the private profit of the person, group, or organization conducting or holding the event, or for the sole purpose of advertising any product or goods of such person, group or organization. (2003 Code) 6-7-3: NOTICE TO CITY OFFICIALS: Immediately upon issuance of a parade permit, the city administrator or designee shall send a copy thereof to the chief of police and the fire chief. (2003 Code) 6-7-4: PROHIBITED ACTS AND CONDITIONS: The following acts and conditions are hereby prohibited in the conduct of any event permitted under the provisions of this chapter: A. It shall be unlawful for any person, group or organization to disturb, interfere with, or obstruct any event permitted under this chapter. 7  B. The City Administrator or designee shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a public street or highway which constitutes a part of the route or location of an event. Signs shall be posted to such effect, and it shall be unlawful to park or leave unattended any vehicle in violation thereof. No person shall be liable under this subsection for parking on a street or public highway unless signs are posted thereon. (2003 Code) 6-7-5: AUTHORITY OF CITY OFFICIALS: The City Administrator and the Police Department of the city are hereby authorized and empowered to take such lawful action as may be necessary to carry out the regulations and requirements of this chapter, ensure an orderly event, to prevent obstruction to and ensure the full flow of traffic, and to prevent riots and disorder. (2003 Code) 8 EXHIBIT A – Current City Code noting proposed changes with strike-out and use of “bold” for additions. Title 8 PUBLIC WAYS AND PROPERTY CHAPTER 1, STREETS, SIDEWALKS, AND PUBLIC PROPERTY Currently: o Requires City Council approval to use the streets, sidewalks, and public spaces (8-1-6-1, 2003, 2004). o Delegates authority to the Chief of Police, or designee to review and approve temporary street closings for a period of less than 12 consecutive hours within any 24 hours. (8-1- 6-1.C) Propose: o Recommend an amendment to allow the City Administrator, or his/her designee, to administratively approve requests to use the Public ROW for special events which require little or no city services and do not pose a threat to public safety. o Housekeeping item - Authorize City Administrator, or designee, as recipient of insurance certificates and to approve temporary street closing. o Recommend an amendment to allow the City Administrator or his/her designees to authorize administrative approval of street closures up to twenty-four hours (increased from twelve). This would provide flexibility, for example, in the case of the Lion’s Hearing Van which asks for use of parking spaces for up to a 24-hour period (blocked off the evening before the bus arrives, and then throughout the day). o Recommend deleting reference to “use of more than 2 parking spaces,” as more are typically requested, and notate that parking spaces can be used “with prior approval.” o Insert language reinforcing no use of stakes or posts driven into public right-of-way without approval by City Public Works Director or designee, and a JULIE locate, as discussed by the Council in April 2013. 8-1-6-1: DISPLAY AND SALE OF MERCHANDISE: A. Application For Approval: It shall be unlawful for any person to use any street, sidewalk or other public place as space for the display of goods or merchandise for sale without the prior approval of the city council City Administrator or designee. All applications for approval shall be in writing and filed with the city administrator not later than thirty (30) days prior to the date requested for such display of goods or merchandise. Such applications shall specify the exact location of the space to be utilized for the display, the duration of the sale and the applicant's expressed agreement to indemnify and hold the city harmless for any and all injuries and property damage arising out of the use of said space. B. Restrictions On Use: It shall be unlawful for any person granted permission to use the space for display of goods or merchandise for sale upon any street, sidewalk or other public place: 1. To locate such space closer than fifteen feet (15') from any street intersection; or 2. To operate any flashing lights or other illumination which, in the opinion of the chief of police, constitutes a traffic hazard; or 3. To serve customers from locations which would cause such customers to be situated upon the paved portion of any public street; 9  4. To sell, dispense or serve any beverages in or from bottles, cups or other containers made of glass. (1975 Code § 21-8) 5. No goods or merchandise shall be displayed on a sidewalk which causes less than a five foot (5') unobstructed pedestrian walkway. (2003 Code) C. Temporary Street Closings: It shall be unlawful for any person to close or cause to be closed to the free flow of motor vehicle traffic any public street within the city without first obtaining the prior approval of the city council. All applications for street closings and sidewalk closings shall be made not later than thirty (30) days prior to the proposed street closing to the, City Administrator, or designee, which application shall specify the exact area of any street to be closed, the duration of the proposed closure and the purpose for the street closing. The city council hereby delegates to the chief of police City Administrator, or designee, the authority to review and determine such applications based upon traffic control and public health and safety considerations, which applications request the closing of a public street for a period of less than twelve (12) consecutive hours within any up to twenty four (24) hours. D. Writing Or Marking On Pavement Prohibited: It shall be unlawful for any person to write or mark any signs or advertisements on any pavements constituting a part of any public street, sidewalk or other public place within the city. (1975 Code § 21-8) E. City Festivals: and Special Events 1. For any person, group or organization granted permission by the city to use a space for display or sale of goods, merchandise, food or beverages upon any street, sidewalk or other public place, it shall be unlawful: a. To have such display or booth extend from the edge of the curb more than fourteen feet (14') into the street; or b. To operate such display or booth in violation of the city's electric code; or c. To locate such display or booth in such manner to occupy more than two (2) public parking spaces without prior approval; or d. To occupy more than one parking space for a support vehicle, trailer, or any other equipment or vehicle used in conjunction with the operation of a display or booth; or e. To operate any display or booth other than between the hours of ten o'clock (10:00) A.M. and ten o'clock (10:00) P.M. Monday through Saturday, and ten o'clock (10:00) A.M. and eight o'clock (8:00) P.M. Sunday, or as otherwise approved by the city council. f. To operate any display or booth prior to tendering to the City Administrator, or designee, a certificate of insurance from an Illinois licensed casualty insurance company naming the city of Geneva as an additional insured for any and all claims of personal injury, death or property damage occurring during the time of the closure of the street. The minimum amount of the insurance for liability shall be one million dollars ($1,000,000.00). (Ord. 2004-37, 4-5-2004) g. It is unlawful for stakes or posts to be driven into the City Right- of-Way without approval by the Public Works Director, or designee, and a utility locate. 10  AGENDA I TEM E XECUTIVE SUMMARY Request permission to conduct a Plan Commission public hearing on proposed City-initiated code amendments Agenda Item: consolidating the functions of the Zoning Board of Appeals and Plan Commission to form a Planning and Zoning Commission Presenter & Title: Dick Untch, Director of Community Development Date: August 21, 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: N/A Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: Prior to May of this year, the Zoning Board of Appeals went for a period of 2-1/2 years without a meeting because no variation petitions were submitted for its review. On average over the past five years, the ZBA has reviewed 2 variation petitions per year. The inactivity makes it more difficult for ZBA members (particularly newer members) to stay familiar with hearing procedures and the standards used for evaluating variation petitions. On some proposed construction projects, the complexity of the review process requiring ZBA action, along with Plan Commission, Historic Preservation Commission, Committee of the Whole, and City Council reviews, creates a lengthy review process, extensive coaching of applicants by staff, and sometimes a confused applicant. The proposed consolidation would shift ZBA review authority to the Plan Commission, and the Plan Commission would be re-named as a Planning and Zoning Commission. This change would streamline project review, improve the quality of service provided to variation applicants, conduct variation hearings by a renamed Plan Commission that already routinely conducts hearings each month on other types of petitions, and save on public hearing transcription costs. Attachments: (please list) • Staff memorandum Recommendation / Suggested Action: (briefly explain) Authorize the Plan Commission to conduct a public hearing on the city code amendments necessary to achieve consolidation of the Zoning Board of Appeals and Plan Commission functions, and establish a Planning and Zoning Commission.  City of Geneva Community Development Department Memorandum To: Mayor Kevin Burns and members of the City Council From: Dick Untch, Director of Community Development Date: August 21, 2013 Meeting: August 26, 2013 Committee-of-the-Whole Meeting Subject: Request permission to conduct a Plan Commission public hearing on proposed City-initiated code amendments consolidating the functions of the Zoning Board of Appeals and Plan Commission to form a Planning and Zoning Commission REASONS FOR THE PROPOSED CONSOLIDATION Small number of submitted zoning variation petitions Prior to May of this year, the Zoning Board of Appeals went for a period of 2-1/2 years without meeting because no variation petitions were submitted for review. Over the past 5 years the Zoning Board of Appeals has reviewed 10 applications, and over the past 10 years 46 applications have been reviewed. The causes for the reduction in applications are likely due several factors including to the depressed real estate market and the slowed growth in the economy since 2008, amendments to zoning regulations that have made them less restrictive, and day-to-day coaching of property owners by Community Development Department staff on how to design their contemplated construction projects to conform to zoning regulations so they don’t need zoning variations. Problems posed by Zoning Board of Appeals inactivity With the Zoning Board of Appeals meeting so infrequently, it’s more difficult for individual board members to stay familiar with review procedures and variation standards. This makes it more difficult for the board to apply standards consistently from case to case. With two relatively new members on the board (along with one current vacancy that needs to be filled), newer members don’t have the opportunity to build expertise in the role for which they have volunteered to serve. The infrequent Zoning Board of Appeals meetings also makes it more difficult for members to stay informed on zoning and development activity taking place in the city. Zoning Board of Appeals members desire to make a civic contribution to the city by volunteering to serve. Being appointed to a board that seldom meets doesn’t fulfill their desire to serve in a meaningful way. Members have to reserve prospective meeting dates in their personal schedules, yet are seldom called to meet.  2 Review process inefficiency/complexity and property owner confusion Review of proposed development plans, zoning map amendments, and special use requests typically involve review by the Plan Commission, and sometimes developers apply for zoning variations as well. This means the city has two review bodies that deal with zoning matters; the Plan Commission and the Zoning Board of Appeals. This can be a source of applicant/property owner confusion and frustration. If a proposed development is located within the Geneva Historic District, plans are reviewed by the Historic Preservation Commission. Under current regulations, a proposed development could require separate reviews by the Plan Commission, Historic Preservation Commission, Zoning Board of Appeals, Committee-of-the-Whole and City Council. Staff is engaged in multiple conversations with applicants on all of the document submittal requirements, review processes, meeting schedules for each review body. The dialog needed between staff and applicants to ensure applicants understand requirements consumes large amounts of staff time. Cost impacts Plan Commission public hearings on zoning amendment petitions, and Zoning Board of Appeals public hearings on variation petitions require preparation of verbatum transcripts. A separate “attendance fee” of $175.00 is charged by the court reporter for each PC or ZBA meeting they attend. A separate per page transcribed costs is charged as well. WHAT OTHER MUNICIPALITIES ARE DOING Department staff reached out to other suburban municipalities in the Chicago region to find out how they conduct Zoning Board of Appeals variation petition review functions. Of the 20 municipalities surveyed, 9 have consolidated Plan Commission and Zoning Board of Appeals review functions (created a single review body for review and consideration of all zoning matters). These Planning and Zoning Commissions review proposed development plans and conduct public hearings on (proposed subdivision plats, zoning map amendments, special use requests, etc.), and conduct public hearings on zoning variation petitions and appeals. Staff also received the results of a recent survey completed by the Village of Gurnee, Illinois. The results showed that 21 of 30 Illinois municipalities surveyed had consolidated Plan Commission and Zoning Board of Appeals review functions. All of the municipalities staff spoke to said consolidation worked well. ADVANTAGES OF CONSOLIDATION Illinois law allows a municipality to establish one commission (review body) to serve as a recommending body for review of proposed development plans and rezoning/special use petitions (typical Plan Commission review matters), and as a quasi-judicial decision- making body for determinations on zoning variation petitions and appeal petitions. The Plan Commission could be reorganized to function (and be renamed) as a Planning and Zoning Commission, thereby eliminating the Zoning Board of Appeals. Shifting Zoning Board of Appeals variation/appeal decision-making authority to the Plan Commission (consolidation) would offer the following benefits:  3 1. Simplicity – Would make the review plan/development process less confusing and more simplified for projects that currently require review by both the Plan Commission and the Zoning Board of Appeals 2. Organizational Efficiency - Streamlines city government and the development review process by having one review body consider all requests/applications pertaining to zoning regulations 3. Regularly scheduled hearings - On average the Plan Commission meets once each month, and is accustomed to conducting one or more public hearings each month 4. Improved service to citizens - The Plan Commission has two meetings per month incorporated into its meeting calendar, while the Zoning Board of Appeals schedules only one meeting per month 5. Manageable workload - The Plan Commission development review case load has moderated over the years because the city is nearing full build out if its planning area, and therefore has the capacity to review/consider zoning variation petitions while not unreasonably extending the length of meetings 6. Experience in considering other zoning relief requests - The Plan Commission already considers zoning relief requests when it reviews proposed Planned Unit Developments and subdivision plats. Additionally, the Plan Commission reviews all sign variation applications. 7. Expands citizen advisory commission volunteer pool – Currently seated Zoning Board of Appeals members could be given priority consideration when vacancies occur on a new Planning and Zoning Commission. 8. Reduced costs – A separate (base) attendance fee of $175.00 is charged by the court reporter for each public hearing meeting to they attend. Consolidation would eliminate the attendance fee charged at current Zoning Board of Appeals hearings. RECOMMENDATION Authorize the Plan Commission to conduct a public hearing on city code amendments necessary to achieve consolidation of the functions of the Zoning Board of Appeals and Plan Commission and establish a Planning And Zoning Commission