Committee of the Whole

COMMITTEE OF THE WHOLE Monday, November 25, 2013 at 7pm City Hall Council Chambers 109 James Street AGENDA 1. Call to Order 2. Consider Consent Agenda *3. Approve Special Committee of the Whole Minutes from October 9, 2013 and Regular Committee of the Whole Minutes from November 11, 2013. 4. Items of Business a. Recommend Draft Ordinance Granting a Sign Variation in the B3 Business District to Allow Three (3) Freestanding Signs on a Zoning Lot – 200 S. Third Street and 310 Campbell Street. b. Recommend Draft Resolution Authorizing Execution of Plat of Abrogation and Release of Easement at 327 Second Street. c. Recommend Draft Resolution Authorizing Execution of PACE Subsidy Agreement as Presented: Effective January 1, 2014 through December 31, 2014 Subject to FY 2014-15 Budget Approval. d. Recommend Approval of Temporary Use (Hot Dog Cart) December 6-7, 2013 at 426 S. Third Street. 5. New Business *6. Upcoming Meetings: Committee of the Whole: December 9, 2013. 7. Adjournment  SPECIAL COMMITTEE OF THE WHOLE MINUTES JOINT MEETING OF GENEVA HOUSING TASK FORCE AND COMMITTEE OF THE WHOLE OCTOBER 9, 2013 AT 7PM CITY HALL COUNCIL CHAMBERS 109 JAMES STREET HOUSING TASK FORCE MEMBERS PRESENT: Geneva Housing Task Force Members Miles, Mahaffey, Martin, Rice HOUSING TASK FORCE MEMBERS ABSENT: Benning, Fry, McKeough COW MEMBERS PRESENT: Brown, Bruno, Burns, Cummings, Kilburg, Maladra, Singer, Vogelsberg COW MEMBERS ABSENT: Flanagan, Marks, Simonian Also attending: Kane County Development Department Staff: E. Johnson, B. Hanlon CMAP Staff: K. Harris, N. Firfer, D. Williams-Clark City of Geneva Staff: McKittrick, Divita, Untch The meeting was called to order at 7:05pm. 1. Introduction Dir. Untch introduced all those in attendance and thanked everyone for their interest in future housing in Geneva and the region. CMAP rep Harris urged attendees to use this as a tool to decide what Geneva wants for the future, urging all to be proactive. 2. – 4. Project Background/National Regional Trends/Geneva Analysis Brett Hanlon and Ellen Johnson provided an overview of the “Homes for a Changing Region” information and then also gave data on current Geneva housing trends. CMAP rep King Harris also provided input on the best ways to go about planning for affordable housing in Geneva. 5. Q&A Discussion on law vs. forecasting was heard. Home rule issues were also discussed as they apply to how Geneva could go about planning for the types of housing in future years. City staff indicated that the evening’s presentation materials would be available on the city’s website at www.geneva.il.us. 6. Adjournment On a motion by Ald. Vogelsberg, second by Ald. Singer. Meeting adjourned at 9:05pm.  COMMITTEE OF THE WHOLE MINUTES NOVEMBER 11, 2013 PRESENT: Mayor Burns, Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Vogelsberg (arrived at 8:51pm) ABSENT: none Also Present: McKittrick, Dawkins, Dinges, Buffington, Untch 1. Call to Order Chairman Kilburg called the meeting to order at 7:02pm noting that Ald. Vogelsberg would be arriving later in the evening. Kilburg recognized the recent commemoration of Veteran’s Day, mentioned those in the area that served our country. Kilburg asked Korean War veteran and 4th Ward Alderman Ron Singer to lead the council in the Pledge of Allegiance. 2. Consider Consent Agenda *3. Approve Special Committee of the Whole Minutes from August 17, 2013 and September 30, 2013; and Regular Committee of the Whole Minutes from October 28, 2013. Moved by Ald. Marks, second by Ald. Cummings V/V: 9-0 Motion carried. 4. Items of Business a. Review and Consider Community Solar Opportunity (Convergence Energy, LLC) Steve Johnson and John Kivlin with Convergence Energy LLC presented information on a solar power opportunity with the City. Johnson provided background on their company, who they service and why they are interested in collaborating with Geneva on the solar project. Johnson stated that the proposal would bear no capital investment to the city and had a private investor on board. Convergence would be able to offer residents investment opportunities as well. Johnson stated they would charge customers 13 cents per kilowatt-hour for the green energy. Johnson also stated that the Illinois Dept. of Commerce and Economic Opportunity would provide some assistance with a grant. Residents Carol Cummings and Linda Grobe asked questions on maintenance of the land where the solar panels would be installed, and also expressed the opinion (Grobe) that the amount of energy generated was overly optimistic. On a motion by Ald. Brown, second by Ald. Cummings, council members asked staff to further investigate the opportunity and bring back more information to the council for consideration at a later date. Roll Call: Ayes: 9 Nays: 0 Motion carried. Committee of the Whole Minutes – Nov. 11, 2013 Page 1 b. Recommend Draft Ordinance Authorizing Zoning Map Amendments of 102, 120, 132 & 210 S. Bennett St. and 228 Crissey Ave. from R1Low Density Single-Family Residential District (Residential Area No. 1) to R1 Low Density Single-Family Residential District (Residential Area No. 2). Moved by Ald. Marks, second by Ald. Cummings Dir. Untch explained the reason why this item was before the council. Residents were concerned that the current setbacks would discourage sales in the area. The new setback requirement would be a minimum of a 25 ft. setback. Residents were accepting of the revised requirements. Roll Call: Ayes: 9 Nays: 0 Motion carried. c. Recommend Draft Ordinance Authorizing Amendments to the Land Use Plan and Illustrative Development Concept for Opportunity Site 6 in Downtown/Station Area Master Plan (part of city’s Comprehensive Plan). Moved by Ald. Marks, second by Ald. Maladra Dir. Untch stated that after many meetings with the affected residents, it was the city staff and Plan Commission’s recommendation to amend the Downtown Master Plan to not include this area in the plans as originally authored and approved by council. The residents felt that they had not been adequately notified of the plans’ intent. Ald. Bruno stated that while he understood the concerns of the residents, he would not support the amendment and stated that it was merely a plan for the future. Fifth ward aldermen, Tom Simonian and Craig Maladra, supported the amendment noting that they had met with the residents many times in the last year in an effort to understand their concerns and work with staff to work towards a solution. Residents Brian Dunick, Linda Grobe, John and Christine Kefer, Ken Hartman, and John Stoffa all expressed their concern over the plan’s current language and urged the council to amend the plan and keep their properties out of the Opportunity Site 6 section. Ald. Kilburg, while supporting the amendment, urged the residents to be more involved in knowing what is happening in their community. Kilburg cited a general malaise when it came to voter turnout in local elections, and in long-range planning processes that the city involves residents in. Mayor Burns expressed his disappointment that the residents did not become involved in the process from the beginning. Roll Call: Ayes: 8 Nays: 2 (Bruno, Singer) Motion carried. 5. New Business *6. Upcoming Meetings: Committee of the Whole: November 25, 2013 7. Adjournment On a motion by Ald. Marks, second by Ald. Simonian, the meeting was adjourned by unanimous voice vote at 9:30pm. Committee of the Whole Minutes – Nov. 11, 2013 Page 2  AGENDA ITEM EXECUTIVE SUMMARY Consideration of a Sign Variation for 200 S. Third Street – Request to allow Agenda Item: three (3) freestanding signs on a single zoning lot. Dick Untch, Community Development Director Presenter & Title: David DeGroot, City Planner Date: November 25, 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: The buildings located at 200 S. Third Street and 310 Campbell Street were combined with an enclosed throughway in 2006. The result of the combination is a multi-tenant building with five tenant spaces located on a single zoning lot. Past Basket and Middleton Dickinson are located in the 200 S. Third Street portion of the building. Floral Wonders, RJA Design, and the former Jobella’s space are located in the 310 Campbell Street portion of the building. The City’s sign regulations only allow for one freestanding sign on a zoning lot. When the buildings were combined, the property had three freestanding signs. The applicant and property owner, Dave McFadden, prepared a comprehensive sign package for the property that was reviewed and approved by the Historic Preservation Commission and the Commercial Sign Committee in May of 2009. The sign package reduced the number of freestanding signs on the property down to two signs. In October of 2011 the applicant was granted a sign variation to allow for the two existing freestanding signs on the property, one identifying the entrance for Past Basket and Middleton Dickson on Third Street and one identifying the entrance for the Floral Wonders, Jobella’s, and RJA Design on Campbell Street. The applicant is planning changes to the building in 2014 that would create a sixth tenant space. The space currently occupied by Past Basket will be divided into two tenant spaces. Past Basket will occupy one of the spaces, which will be accessed from the deck on the south side of the building. The existing freestanding Past Basket sign would be moved to the deck stairs to identify the new entrance. The new tenant space would use the existing access off of Third Street (Past Basket’s current entrance). Although a tenant has not been identified, the applicant would like to secure the right for a tenant to place a freestanding sign at the entrance, in the same location as the existing Past Basket sign. A Sign Variation is required to allow for a third freestanding sign. Attachments: (please list) Staff Report Sign Plan Draft Ordinance Recommendation / Suggested Action: (briefly explain) At its meeting on November 14, 2013 the Plan Commission unanimously recommended approval of the applicant’s requested Sign Variation to allow three (3) freestanding signs on a single zoning lot. The Plan Commission adopted findings of fact on each of the five (5) Sign Variation standards set forth in Section 11-14-5A(G) of the Zoning Ordinance, as shown at Exhibit “B” of the attached draft ordinance. Community Development Department Report GENEVA COMMITTEE OF THE WHOLE SIGN VARIATION NOVEMBER 14, 2013 200 S. THIRD STREET Applicant & Property Owner Dave McFadden Location 200 S. Third Street Request Sign variation to allow three (3) freestanding signs on a single zoning lot Recommendation At its meeting on November 14, 2013 the Plan Commission unanimously recommended approval of the requested Sign Variation Staff Liaison David DeGroot City Planner Figure 1. Location Map. Prepared by Geneva Planning Division, November 2013. Phone: (630) 232-0814 Email: ddegroot@geneva.il.us BACKGROUND/PROPERTY INFORMATION The buildings located at 200 S. Third Street and 310 Campbell Street were combined with an enclosed throughway in 2006. The result of the combination is a multi-tenant building with five tenant spaces located on a single zoning lot. Past Basket and Middleton Dickinson are located in the 200 S. Third Street portion of the building. Floral Wonders, RJA Design, and the former Jobella’s space are located in the 310 Campbell Street portion of the building. The City’s sign regulations only allow for one freestanding sign on a zoning lot. When the buildings were combined, the property had three existing freestanding signs. The applicant and property owner, Dave McFadden, prepared a comprehensive sign package for the property that was reviewed and approved by the Historic Preservation  Sign Variation Page 2 of 4 200 S. Third Street Commission and the Commercial Sign Committee in May of 2009. The sign package reduced the number of freestanding signs on the property down to two signs. In October of 2011 the City adopted revised sign regulations, which included a new provision for downtown directional signs. A downtown directional sign is a wall, freestanding, or projecting sign listing the name and location of one or more business establishments located on the same block face as the Figure 2. 310 Campbell Street, freestanding sign on property on which the sign is located. Downtown Campbell Street. directional signs are intended to serve the purpose of providing directions and are not intended to serve solely as off-premise advertisement. The City’s sign regulations limit the size of downtown directional signs to a total of 10 square feet. In October of 2012 the applicant was granted a Sign Variation by the City Council to install a 20 square foot downtown directional sign at the corner identifying Floral Wonders, RJA Design, Jobella’s, and Country Naturals (316 Campbell Street). The applicant was also granted a sign variation to allow for the two existing freestanding signs on the property, one identifying the entrance for Past Basket and Middleton Dickson on Third Street and one identifying the entrance for the Floral Wonders, Jobella’s, and RJA Design on Campbell Street. The applicant is planning changes to the building in 2014 that would create a sixth tenant space. The space currently occupied by Past Basket will be divided into two tenant spaces. Past Basket will occupy one of the spaces, which will be accessed from the deck on the south side of the building. The existing freestanding Past Basket sign would be moved to the deck stairs to identify the new entrance. The new tenant space would use the existing access off of Third Street (Past Basket’s current entrance). Although a tenant has not been identified, the applicant would like to secure the right for a tenant to place a freestanding sign at the entrance, in the same location as the existing Past Basket sign. A Sign Variation is required to allow for a third freestanding sign. The Sign Variation granted by the City Council in October of 2012 limited the total number of freestanding signs for the property to two. LOCATION ZONING DISTRICT LAND USE COMPREHENSIVE PLAN Subject Property B3 Business District Retail Residentially Scaled Commercial North B6 Business District Kane County Courthouse Public/Semi-Public Planned Unit Development South B3 Business District Retail Residentially Scaled Commercial East B3 Business District Restaurant/Retail Residentially Scaled Commercial West B3 Business District Retail Residentially Scaled Commercial Table 1. Surrounding Property Information. Prepared by Geneva Planning Division, November 2013.  Sign Variation Page 3 of 4 200 S. Third Street REQUEST Request for a Sign Variation, in accordance with Section 11-14-5A of the Geneva Zoning Ordinance, to allow three (3) freestanding signs on a single zoning lot. REVIEW COMMENTS Total Sign Area As shown in Table 2, the City’s sign regulations allow the subject property to have one freestanding sign and one downtown directional sign. The freestanding sign is allowed to be up to 40 square feet in area and the downtown directional sign is allowed to be up to 10 square feet in area, a combined total of 50 square feet. The applicant is proposing to keep the two existing freestanding signs with areas of 7.5 square feet and 11.25 square feet and add a third freestanding sign with an area of 7.5 square feet, a combined total of 26.25 square feet. The applicant is also proposing to keep the existing downtown directional sign with an area of 20 square feet. Combined, the applicant’s proposal totals 46.25 square feet, which is 3.75 square feet less than the total area allowed under the City’s sign regulations. Although the applicant’s proposal would add an additional sign, the total sign area is consistent with the intent of the City’s sign regulations. Additionally, the applicant has indicated that the tenants will not use A-Frame signs as permitted under the City’s sign regulations. SIGN TYPE NUMBER NUMBER AREA PERMITTED AREA PROPOSED PERMITTED PROPOSED Freestanding Sign 1 3 40 square feet 7.5 square feet + 7.5 square feet + 11.25 square feet Downtown Directional Sign 1 1 10 square feet 20 square feet Totals 2 4 50 square feet 46.25 square feet Table 2. Freestanding Signs & Downtown Directional Signs, permitted compared to proposed. 200 S. Third Street. Prepared by Geneva Planning Division, November 2013. Sign Variation Standards – Findings of Fact Staff has evaluated the requested Sign Variation in relation to the five (5) sign variation standards the Plan Commission uses in formulating it findings of fact, as set forth in Section 11-14-5A(G) of the Zoning Ordinance. At its meeting on November 14, 2013 the Plan Commission adopted the staff analysis as its findings of fact, as shown at Exhibit “B” of the attached draft ordinance. PLAN COMMISSION RECOMMENDATION At its meeting on November 14, 2013 the Plan Commission unanimously recommended approval of the applicant’s requested Sign Variation to allow three (3) freestanding signs on a single zoning lot. The Plan Commission adopted findings of fact on each of the five (5) Sign Variation standards set forth in Section 11-14-5A(G) of the Zoning Ordinance, as shown at Exhibit “B” of the attached draft ordinance.  Sign Variation Page 4 of 4 200 S. Third Street REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. December 2, 2013 – City Council consideration of request *This timeline is provided for informational purposes only, exact dates are subject to change. ATTACHMENTS Draft Ordinance Proposed Sign Plan A copy of the minutes and transcripts from the Plan Commission meetings will be forwarded for your review under separate cover. Audio files of the Plan Commission meetings are available upon request.  ORDINANCE NUMBER 2013-?? AN ORDINANCE GRANTING A SIGN VARIATION IN THE B3 BUSINESS DISTRICT TO ALLOW THREE (3) FREESTANDING SIGNS ON A ZONING LOT – 200 S. THIRD STREET & 310 CAMPBELL STREET WHEREAS, an application was duly filed with the Geneva Plan Commission on the 2nd day of October 2013 by Dave McFadden requesting Sign Variations in the B3 Business District to allow three (3) freestanding signs on a zoning lot, for property located at 200 S. Third Street and 310 Campbell Street, legally described at Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as the “SUBJECT REALTY”); and WHEREAS, a Notice of Public Hearing on the application was duly published on October 30, 2013 in the Daily Herald, a newspaper of general circulation in the City of Geneva, and the Public Hearing was held by the Plan Commission on November 14, 2013 in the manner and form as provided with respect to Sign Variations under Chapter 14-5A of Title 11 of the Geneva City Code (Zoning Ordinance) as amended; and WHEREAS, the application was presented to the Plan Commission at the Public Hearing, who received exhibits and testimony from the applicant and City staff; and WHEREAS, after 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 of the City of Geneva received the entire record of the Plan Commission public hearing, the Plan Commission’s findings of fact, the Plan Commission’s recommendation, and considered the same on November 25, 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 December 2, 2013; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: ADOPTION OF RECITALS The recitals set forth above are hereby adopted by reference as if fully set forth in this Section 1. SECTION 2: SIGN VARIATION FOR 200 S. THIRD STREET & 310 CAMPBELL STREET Ordinance 2013-?? Page 1 of 5 A. A sign variation is herby granted for the SUBJECT REALTY to allow three (3) freestanding signs on a zoning lot. SECTION 3: PREAMBLES AND EXHIBITS The preambles set forth at the beginning of this Ordinance, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Ordinance. SECTION 4: EFFECTIVE DATE That this Ordinance shall become effective from and after its passage and approval 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: 10 APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this ____ day of __________, 2013. Mayor ATTEST: City Clerk Ordinance 2013-?? Page 2 of 5  EXHIBIT “A” LEGAL DESCRIPTION PART OF LOTS 1 & 2 IN BLOCK 68 OF THE ORIGINAL TOWN OF GENEVA, GENEVA, KANE COUNTY, ILLINOIS Ordinance 2013-?? Page 3 of 5  EXHIBIT “B” SIGN VARIATIONS – FINDINGS OF FACT 1. General Standard: Carrying out the strict letter of the regulations set forth in chapter 12 (Signs) would create a particular hardship or a practical difficulty not caused by an act or omission of the applicant. The proposed division of the existing Past Basket space into two tenant spaces and the location of the proposed Past Basket entrance make it difficult to identify the separate entrances without using multiple freestanding signs. Without a third freestanding sign the new tenant space would have to rely on window signs to identify the business. 2. Unusual Physical Limitations: The subject property or the structure on which the sign is proposed to be located is burdened with an unusual physical limitation, such as an irregular shape, unusual geographic location, exceptional topographical feature, or other extraordinary physical condition, that is particular to the subject property and that is more than merely an inconvenience or cost consideration to the applicant. The property is unique because it includes two (2) buildings that were combined with an enclosed throughway, thereby making the property one (1) zoning lot. The property is a corner lot it and each of the tenants within the building have separate entrances. The proposed division of the existing Past Basket space into two tenant spaces and the proposed location of the Past Basket entrance on the south side of the building make it difficult to identify the individual entrance locations and direct customers without using multiple freestanding signs. 3. Adverse Impacts: The variation, if granted, would have no adverse impact on any abutting or adjacent property and no adverse impact on the essential character of any part of or all the neighborhood of the subject property. The sign variation would have no adverse impact on the charm of the neighborhood, since the total area of the freestanding signs and downtown directional sign would be less than what is permitted for one freestanding sign and one directional sign. The applicant has indicated that tenants will not use A-frame signs to direct customers to their locations. If the requested variance is granted there would be no need to use the A-frame signs. 4. Public Health And Safety: The variation, if granted, would have no adverse impact on, and would not endanger, the public health or safety. The requested sign variations would not have an impact on, or endanger the public health and safety. Ordinance 2013-?? Page 4 of 5 5. Minimum Variation: The variation requested is the minimum variation necessary for the reasonable use of the land. The requested sign variation is the minimum necessary to identify the three main building entrances. Ordinance 2013-?? Page 5 of 5  AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Plat of Abrogation and Release of Easement @ 327 Second Street Dan Dinges, Director of Public Works Presenter & Title: Brian Schiber, City Engineer/Asst. Director of PW Date: November 18, 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 - X YES Estimated Cost: $10 Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The owner of this currently vacant lot wants to construct a new house with a detached garage and with the existing 10’ easement along the property line he doesn’t have enough room to do a full width garage. So they are requesting a partial easement abrogation to reduce the easement width down to 5’. Staff has reviewed the existing conditions at this vacant lot and we are agreeable to the easement reduction. Attachments: (please list) • Plat of Abrogation and Release of Easement • Resolution Recommendation / Suggested Action: (briefly explain) Staff recommends that City Council authorize the City Clerk to execute the Plat of Abrogation and Release of Easement and record said plat.  RESOLUTION NO. 2013-__ RESOLUTION AUTHORIZING EXECUTION OF PLAT OF ABROGATION AND RELEASE OF EASEMENT AT 327 SECOND STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Clerk is hereby authorized to execute, on behalf of the City of Geneva, the Plat of Abrogation and Release of Easement with Terry Richards at 327 Second Street a copy of which is attached hereto. 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 2nd day of December, 2013. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this ____ day of __________, 2013. Mayor ATTEST: City Clerk  AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Ride In Kane PACE Subsidy Agreement Presenter & Title: Mary L. McKittrick, City Administrator Date: November 24, 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 Ride in Kane Program was implemented in February 2008 and provides community access for senior citizens 65 years or older and persons with disabilities. Ride in Kane replaced the St. Charles/Geneva Dial a Ride program which was limited to day time service and rides only within St. Charles and Geneva. Under the Ride in Kane Program, riders have the opportunity to access locations anywhere in the County and are also able to obtain door-to-door transportation service in the evenings and on weekends. Through a centralized call center, Ride in Kane dispatches taxis, Pace lift- equipped buses, and other service providers’ vehicles for demand-response, curb-to- curb transportation. This Program was made possible by federal grants from the New Freedom Initiative (NFI) and Job Access Reverse Commute (JARC) awarded from the Regional Transportation Authority (RTA), as well as contributions from participating agencies. The attached agreement provides subsidies by PACE to this Program. The grant funding helps fund City of Geneva riders in an amount not to exceed $13,321 provided by Pace subsidies. The City pays the balance up to the annual budgeted amount ($35,000 in FY 2013-14). Attachments: (please list)  Resolution  PACE Subsidy Agreement Recommendation / Suggested Action: (briefly explain) Approve the Resolution to authorize the City Administrator to execute the PACE Subsidy Agreement as presented, effective January 1, 2014 through December 31, 2014, subject to FY 2014-15 budget approval.  RESOLUTION NO. 2013-XX RESOLUTION AUTHORIZING EXECUTION OF RIDE IN KANE PACE SUBSIDY AGREEMENT 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 RIDE IN KANE PACE SUBSIDY AGREEMENT in the form attached hereto as Exhibit “A”. 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 2nd day of December, 2013. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this 2nd day of December, 2013. Mayor ATTEST: City Clerk 4.00  AGENDA I TEM E XECUTIVE SUMMARY Authorize, on a temporary basis, Heaven Lee Hot Dogs sales at 426 South Agenda Item: Third Street and waive surety bond requirement Presenter & Title: Paul Evans, Business Development Specialist Date: November 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 - YES Estimated Cost: $0 Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The Economic Development Department received a request from Joe Snellgrove to operate his hotdog cart, Heaven Lee Hot Dogs, on private property in front of 426 S. Third Street. Mr. Snellgrove will locate his hotdog cart on private property on the west side of South Third Street just west of the sidewalk. His wife, Marcia, operates a consignment store called Accents By Marcia on this property owned by Dr. Kevin Haddle, who has approved this use on his property. Mr. Snellgrove has operated his hotdog cart in DuPage County for years. Upon approval from the City of Geneva, Mr. Snellgrove will be required to fulfill the Kane County Health Department requirements and obtain an itinerant vendor license from the City. The cart does not need any electricity or water and will be taken in daily. Mr. Snellgrove is requesting Council approval because the proposed location is located in the B-3 Zoning District which currently does not allow for temporary outdoor sales. Staff is currently working on an ordinance that will address the specifics of temporary outdoor sales and the concerns of the City, its business owners, and its residents. Council approval is sought to allow the Building Commissioner to authorize this specific request is for one vendor for temporary outdoor sales on private property at 426 S. Third Street from December 6th 2013 to December 7th 2013. Heaven Lee Hot Dogs has also requested that the City waive the Surety Bond requirement. Staff feels this is a reasonable request given the limited time and nature of this sale. Attachments: (please list) • Itinerant Vendor application and site plan • Photo of hot dog cart Recommendation / Suggested Action: (briefly explain) Approval of a request from Heaven Lee Hot Dogs to establish temporary outdoor sales on private property at 426 South Third Street from December 6th 2013 to December 7th 2013 and waiver of the surety bond requirement.