Committee of the Whole

COMMITTEE OF THE WHOLE Monday, July 27, 2015 at 7:00pm City Hall Council Chamber 109 James Street Geneva, IL 60134 Ald. Dean Kilburg, Chair AGENDA 1. CALL TO ORDER 2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM JUNE 29, 2015, JULY 6, 2015, and JULY 13, 2015. 3. ITEMS OF BUSINESS a. Recommend Approval of Special Event Application for Trick or Trot 10K Run September 26, 2015. b. Recommend Draft Ordinance Granting a Special Use in the OR Office Research District to Allow a Preschool/Daycare Center on the Property Located at 2423 Fargo Boulevard – Come Grow With Us Preschool/Childcare. c. Recommend Draft Ordinance Amending Title 7 (Motor Vehicles and Traffic), Section 7-4-8B Scheduel VII (Limited Parking Zones) of the Geneva City Code. d. Recommend Draft Ordinance Amending Title 6 (Police Regulations) Chapter 2 (Miscellaneous), Section 5 (Weapons) of the Geneva City Code. e. Recommend Draft Resolution Authorizing Declaration of Surplus Property – Police Vehicles and Other Miscellaneous Items. f. Recommend Approval of Memorandum of Understanding Authorizing the Appointment of Alternate Board Members Representing the City of Geneva on the Tri City Ambulance Board of Directors. g. Recommend Draft Resolution Authorizing Declaration of Surplus Property for 1984 Pierce, Dash Pumper and 1999 Plymouth Voyager. 4. NEW BUSINESS 5. UPCOMING MEETINGS: Committee of the Whole – August 10, 2015 at 7pm. 6. CLOSED SESSION ON THE PURCHASE OR LEASE OF REAL PROPERTY FOR THE USE OF THE PUBLIC BODY. 7. ADJOURN 2 SPECIAL COMMITTEE OF THE WHOLE POLICY DISCUSSION MEETING MINUTES Monday, June 29, 2015 Present: Mayor Burns, Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Radecki, Simonian, Singer Staff Present: Dawkins, Babica, Tymoszenko, DeGroot, Van Gyseghem 1. CALL TO ORDER Mayor Burns called the meeting to order in City Hall Council Chamber at 7:02pm noting that Ald. Marks and Seno were absent. On a motion by Ald. Cummings, second by Ald. Bruno, Roberts Rules of Order were waived by unanimous voice vote. 2. DISCUSSION ITEMS a. Garage Sale Frequency Ald. Singer referenced a recent complaint from a resident in his ward regarding the frequency of garage/estate sales at a specific property and asked if there should be regulations as to the number of sales per year at a specific property. Discussion ensued on number of days allowed, charging a fee, registering, limits per calendar year. Mayor Burns referenced a recently passed ordinance in Arlington Heights that would limit sales to 3 per year. Ald. Kilburg asked if setting dates similar to brush and leaf pickup would work. Ald. Burghart cautioned that too much regulation would be burdensome. Burghart questioned staff as to the total number of complaints they had received to date and Dir. DeGroot knew of two. Consensus was reached for staff to bring language to the Plan Commission for regulating the number per residence to three per calendar year. b. Storm Sewer Long Range Plan Supt. Van Gyseghem provided information on a recent EPA violation notice the City received and was seeking consensus among the council as to the process going forward in determining where the sump pump violations are occurring. Van Gyseghem stated that a study had been done in 2003 that identified potential areas where sump lines were being illegally discharged and wanted to pursue the areas within this study first and also use flow monitoring for additional areas. The Water Division would be sending out a mailing to addresses where potential violations were suspected. VanGyseghem stated that staff would work with the homeowners to facilitate inspections and identify problem areas. Additional discussion on different ways to identify problem areas was heard. Council directed staff to begin the process of notification and supported enforcement for inspections if needed. 3 Dir. Babica then presented information regarding storm water drainage issues in Ward 5, noting the areas along Route 31 and Fargo, as well as Woodward and School streets. These areas drain into the river and the infrastructure is not sufficient for proper draining during storm events. Babica asked and received consensus to bring this item to the Strategic Planning workshop later this year with cost estimates on upgrading the system. c. Multifamily Siting and Zoning Dir. DeGroot provided information on the additional siting to be identified. Council approved staff study on additional multifamily affordable housing sites within the City. d. Utility Connection and Required Annexation Dir. DeGroot relayed a homeowner request to annex the city’s water service at 1927 Western Avenue. Discussion on whether annexation would be required was heard and determined that it was not required. Staff stated they would draft a resolution for this specific request and bring it to council in July. 3. NEW BUSINESS Asst. Dir. Dawkins announced a special joint SPAC/City Council meeting on Monday, August 31, 2015 to present the prioritization of goals in advance of the November council workshop. Ald. Kilburg noted the recent news coverage of the County’s study on the Settler’s Hill track feasibility and urged the Mayor to send a letter of support to the county. Mayor Burns stated that a letter reaffirming the City’s support of the track went to the county chairman and all board members. 4. UPCOMING MEETINGS • Regular Committee of the Whole on Monday, July 13, 2015 at 7pm 5. ADJOURN Moved by Ald. Simonian, second by Ald. Singer, the meeting was adjourned by unanimous voice vote at 9:50pm.  SPECIAL COMMITTEE OF THE WHOLE MINUTES July 6, 2015 PRESENT: Mayor Burns, Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer ALSO PRESENT: McKittrick, Dawkins, Radovich, Babica 1. CALL TO ORDER Mayor Burns called the special meeting in City Hall Council Chamber to order at 7:00pm noting all aldermen were present. 2. SPECIAL ITEMS a. Geneva Beautification “Tour des Fleurs” Fundraiser Presentation Sherri Weitl, Dorothy Flanagan and Debbie Reitz were present to provide information on their new fundraiser and urged all to participate. b. 2015 City of Geneva Ornament Unveiling Mayor Burns presented Nancy Luyten, owner of The Patten House Restaurant, with the City’s annual holiday ornament which features the property. Ms. Luyten accepted and also introduced other members of her restaurant team and was thrilled to be featured. 3. ITEMS OF BUSINESS a. Recommend Ordinance No. 2015-18 Amending Title 4, Ch. 2 (Liquor Control) Adding One (1) Class A-5 Liquor License to the Geneva City Code (Hache Brasserie at 524 W. State). Moved by Ald. Bruno, second by Ald. Singer Peter Youngren, with Hache Brasserie, was present to answer questions and give a brief overview on the new restaurant due to open within the next two months. V/V: 10-0 Motion carried. 4. NEW BUSINESS COMMITTEE OF THE WHOLE MINUTES – JULY 6, 2015 1 5. UPCOMING MEETINGS • Regular Committee of the Whole on Monday, July 13, 2015 at 7pm 6. ADJOURN On a motion by Ald. Bruno, second by Ald. Marks, the meeting was adjourned by unanimous voice vote at 7:20pm. -submitted by Recording Secretary Fornari COMMITTEE OF THE WHOLE MINUTES – JULY 6, 2015 2 6 COMMITTEE OF THE WHOLE MINUTES JULY 13, 2015 PRESENT: Mayor Burns, Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Simonian, Seno, Singer Staff Present: McKittrick, Dawkins, Babica, DeGroot, Lambert, Dahl, Pierce CALL TO ORDER Mayor Burns called the meeting to order at 7 pm noting all aldermen were present. SPECIAL ITEMS Recognition of Special Olympian Michelle Thompson Mayor Burns asked Ms. Thompson to lead those present in the Pledge of Allegiance. He then explained that Ms. Thompson will be participating in the Los Angeles Summer Special Olympics in rhythmic gymnastics. Mayor Burns presented a certificate of recognition as well as several City of Geneva items to Ms. Thompson. She received a standing ovation. Cultural Arts Commission Presentation on 2015 RiverPark Concert Series & Shakespeare in the Park. Cultural Arts Commissioner Vic Portincaso provided information on the RiverPark concert series and Shakespeare in the Park. He encouraged everyone to attend. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM JUNE 15, 2015 AND JUNE 22, 2015 Moved by Ald. Bruno, second by Ald. Seno V/V: 10-0 Motion carried. ITEMS OF BUSINESS a. Recommend Resolution No. 2015-82 Authorizing Execution of Fiscal Year 2014- 2015 Budget Amendments As Presented Moved by Ald. Marks, second by Ald. Simonian V/V: 10-0 Motion carried. b. Recommend Ordinance No. 2015-19 Amending Title 9, Ch. 1, Section 9-1-2 (Billing Procedures) of the Geneva City Code Moved by Ald. Marks, second by Ald. Bruno V/V: 10-0 Motion carried. c. Recommend Resolution No. 2015-83 Approving the Furnishing of Municipal Water Serve to a Residential Property Outside of the Corporate Limits of the City Without Requiring Annexation at 1927 Western Avenue Moved by Ald. Cummings, second by Ald. Maladra V/V: 10-0 Motion carried. 7 d. Recommend Resolution No. 2015-84 Authorizing Acceptance of Material Bid for the 2015 Underground Cable Replacement Project Moved by Ald. Marks, second by Ald. Kilburg V/V: 10-0 Motion carried. e. Reject Underground Cable Replacement Labor Bids and Authorize Staff to Initiate Re-bidding of Same Moved by Ald. Seno, second by Ald. Simonian V/V: 10-0 Motion carried. f. Recommend Resolution No. 2015-85 Authorizing IDOT Right-of-Way Maintenance Agreement with the State of Illinois Moved by Ald. Marks, second by Ald. Simonian V/V: 10-0 Motion carried. g. Recommend Ordinance No. 2015-20 Granting an Amendment to the Pepper Valley Planned Unit Development to Allow Sit-Down/Drive-Through Restaurants as a Special Use and a Special Use to Allow a Dunkin Donuts Sit-Down/Drive-Through Restaurant on the Property Located at 2401 Kaneville Road, Unite 12 Moved by Ald. Marks, second by Ald. Maladra. Dir. DeGroot provided background on the property, noting that the PUD includes a list of permitted and special uses, but not a sit-down or drive-through restaurant. He further noted that the applicant is proposing to upgrade the landscaping and new signage. Neighbors have expressed concern over traffic, hours and noise, resulting in the Plan Commission placing restrictions that address these issues and others. Ald. Singer expressed concerns, saying he felt that, as a courtesy, the applicant should have met with the fourth ward aldermen. He was concerned with the hours, noise at the order box, illuminated signage, and additional traffic problems. Ald. Radecki also stated concerns. Citing the original PUD, he said that the site is not suitable for the proposed use. He concurred with Ald. Singer’s comments, saying the proposed drive- through route is intended to be used as a service alley. Dir. DeGroot addressed the aldermen’s concerns. Elaine Knight, 322 Cambridge Dr., said she lives next to the location and fears that the illuminated sign would shine into her bedroom. She said that traffic is already heavy and fast on Cambridge and is a safety issue. Ben Carter, 2336 Danbury Ct., was concerned about the increased traffic, especially cars going from Cambridge onto Kaneville Rd. and the possible backup from the drive-through onto Cambridge during peak hours. He called for a more sophisticated traffic study than that taken. He also expressed concern with the potentially loud music from cars waiting in the drive- through lane. 8 Cynthia Albright, 219 S. Cambridge Dr., also was concerned about the amount of traffic during the facility’s peak hours. She questioned using the rear drive area as the drive-through lane. She did compliment the owner for the improved landscaping. Julius Spognardi, 2332 Danbury Ct., felt that the traffic would create a safety issue, especially with the proximity of schools in the area. Representing the applicants were Karim Khoja and Tom Theim, the franchisees, both from Northfield, Ill., and Steven Kolber, architect from Evanston, Ill. Mr. Khoja said that he has about 70 Dunkin Donuts franchises in the Chicago area and the typical time at one of his franchises for a drive-through customer from placing the order to receiving it is 140 seconds. He said that traffic concerns already exist and should not be blamed on his Dunkin Donuts store. He asked for a chance to meet with city officials to resolve the issues and if the issues cannot be resolved he will step away from the project. Several Council members expressed their concerns and asked questions concerning a Dunkin Donuts on that site, again focusing on traffic, hours, signage and lighting, the drive-through configuration and the overall suitability of the site for a Dunkin Donuts operation as proposed. Joe Jankovsky, owner of the property on which the Dunkin Donuts would be located, addressed the issues of traffic, lighting and noise regulation, saying he also would work with the City to address the issues of concern. Referring to the cars waiting in the drive-through line, Rebecca Carter, 2336 Danbury Ct., said she has asthma and is affected by car fumes. She also objected to the dumpster location. Ald. Simonian suggested a more scientific traffic study at the applicant’s expense. Ald. Marks called for commitment to install the porkchop intersection at Cambridge and Kaneville before he could vote in favor of this proposal. On a question from Ald. Cummings, Mr. Khoja said he cannot solve the already-existing traffic congestion at the location, but would discuss other issues with the City. He added, however, that he was not willing to invest money in the start-up only to risk being shut down in 90 days. At the request of Mayor Burns, Ald. Marks and Ald. Maladra, withdrew the original motion and moved to remand this matter back to city staff and the developer to be considered again at a later date. Roll Call: Ayes: 6 Nays: 4 Motion carried h. Recommend Resolution No. 2015-86 Amending the City’s Comprehensive Plan and Downtown Station-Area Master Plan to Change the Future Land Use Designation for the Subject Realty from “Single Family Residential” and “Single Family Attached/Row House” to “Parking” Moved by Ald. Simonian, second by Ald. Marks Elizabeth Fieweger, 502 South St., asked for landscaping on the west side of the proposed parking lot, saying that when the trees there lose their leaves in the fall, lights and activity at 9 the Metra station as well as the new parking lot will be visible from her house and the houses of others. She suggested planting evergreen trees for screening. Dir. DeGroot answered that the landscaping on the west side of the parking lot is yet to be determined. Other nearby residents calling for landscape screening were Ed Verkuilen, 502 South St., and Patricia Cameron, 428 South St. Questions and comments also were heard from Ald. Bruno, Cummings and Kilburg. V/V: 10-0 Motion carried. i. Recommend Ordinance No. 2015-21 Rezoning (Zoning Map Amendment) the Subject Realty from the R1 Low Density Single-Family Residential District and the R3 Medium to High Density Single-Family Residential District to the B3 Business District Moved by Ald. Marks, second by Ald. Seno V/V: 10-0 Motion carried. j. Recommend Ordinance No. 2015-22 Granting a Special Use for a Preliminary/Final Planned Unit Development – Corner of South Fourth and Crescent Place Moved by Ald. Singer, second by Ald. Marks V/V: 10-0 Motion carried. k. Recommend Ordinance No. 2015-23 Proposing Establishment of Special Servicea Area No. 32 and Providing for a Public Hearing and Procedures in Connection Therewith (On Brentwood Pond Subdivision) Moved by Ald. Marks, second by Ald. Cummings Dir. DeGroot explained the process underway up to this point. V/V: 10-0 Motion carried. UNFINISHED BUSINESS a. Consider Draft Ordinance Related to City-Initiated Text Amendments to the Geneva Historic Preservation Ordinance Regarding Formatting, Procedural, and Regulatory Changes to Title 3, Chapter 3 and Title 10, Chapter 6 of the Geneva City Code Mayor Burns stated that tonight’s discussion will focus on the opt in/opt out clause of the ordinance. He requested that Dir. DeGroot review previous discussion on this subject. Dir. DeGroot said that the 51 percent opt in/opt out proposal was rejected by the Council in favor of the zoning requirements per state statute, which require a two-thirds (supermajority) Council vote to rezone if 20 percent of the property owners object. Referring to the previous discussion regarding application requirements, Ald. Marks asks if a definition of “economic interest” had been developed. Dir. DeGroot said that in the proposed ordinance “economic interest” is defined as the applicant having to be a resident of Geneva, a property owner in Geneva, a group of residents or an association with resident membership in Geneva, or it can be initiated by the HPC with consent and authorization of the City Council. Admin. McKittrick clarified that bringing a historic district proposal to the Council before taking it to the HPC is considered a courtesy and is not in the code. 10 Discussion followed as to whether the 20 percent owner objection should stand or be lowered in order to require a supermajority approval vote. Ald. Cummings questioned if by using a lower percentage, might not a large majority of owners favoring a district be overruled by only a small number of owners. Mary Goodfellow, 1010 S. Batavia Ave., said that the homeowner should be the first and most important voice in approving or objecting to an historic application. Ald. Maladra said that it appears that the Council wants the language in the historic preservation ordinance to mirror the language of the state in establishing any other zoning district in that a 20 percent objection by property owners would require a two-thirds majority of the Council to approve. As such, Ald. Maladra stated his motion to read that the City’s historic preservation ordinance treat a historic district as any other zoning district and follow state law for the establishment thereof. Moved by Ald. Maladra, second by Ald. Bruno. Ald. Marks asked how the definition of “economic interest” as referred to in the zoning laws squares with the definition in the historic preservation ordinance if the zoning laws become the standard used in the historic preservation ordinance. Discussion then followed regarding if someone who claims an economic interest must own property in the district and, further, must live on that property. Several audience members also contributed to the discussion: Colin Campbell, 18 S. Sixth St., doubted that any “outsider” would propose a historic district in the city. He favored following the language in the zoning ordinance. Jeff James, 825 S. Batavia Ave., read from a letter from City Atty. Radovich to Council members stating that in the 1980 amendments to the National Historic Preservation Act it states that any owner(s) of private property can have that property excluded from the district through objection. Margaret Eagan, 402 Campbell St., asked how Mr. James obtained the letter from which he read. She also asked how the Historic Preservation Commission fits into the process, saying it sounds as if the HPC is not wanted. Elizabeth Safanda, 1013 Dunstan Rd., requested a copy of the letter from which Mr. James read. Mayor Burns said that he would provide her with a copy. Ald. Marks said that he supplied the letter to Mr. James but did not see any indication that the letter was confidential. John Laukaitis, 728 Richards St., supported using the zoning requirements as the historical preservation standard in terms of the 20 percent objection and the definition of economic interest. Ald. Simonian supported the use of zoning standards being applied to the historic preservation ordinance. He suggested allowing Staff to develop a definition for “economic interest.” He also wished to codify the courtesy Council review mentioned earlier by Admin. McKittrick, who then suggested having the city attorney review the code in respect to any due process violation. Ald. 11 Radecki questioned the need to codify this aspect. Ald. Maladra pointed out that the degree of economic interest is determined not by the Council but earlier on by Staff or the HPC. Ald. Burghart questioned why “economic interest” needed to be tightly defined, saying whomever proposes a historic district will have to work with the residents within that district. After additional discussion on a definition and application of economic interest, a vote was taken on the previous motion by Ald. Maladra to treat a historic district as any other zoning district and follow state law for the establishment thereof. Roll Call: Ayes: 10 Nays: 0 Motion carried. NEW BUSINESS Discussion on Historic Preservation Commission With suspension of the rules, Mayor Burns asked for discussion regarding any concerns relative to the Historic Preservation Commission. Ald. Radecki said in his opinion the makeup of the HPC is not consistent with the ordinance and that it should have a more diverse membership. He said the perception is that the HPC is made up of only preservationists. Ald. Simonian said the HPC members themselves have cited a need to work on their perception, adding that in his opinion they have made it worse. He gave examples to support that opinion. He said that it is his perception that the HPC displays a no-compromise, “us vs. them” attitude. Ald. Maladra was troubled by the idea that Staff is undermining the Council when it seeks outside opinions if Staff feels that clarification or correction is needed. He also felt that discussion concerning the HPC should address its role and function and should not involve individuals. He saw the HPC as part of the facilitation process in that it provides the Council with recommendations. Ald. Singer said he was very upset when a member of the HPC was recently critical of a Council member. Elizabeth Safanda, 1013 Dunstan Rd., said she attends most of the HPC meetings and frequently sees dissent among the members, leading her to believe there already is member diversity. She complimented the HPC on it efforts. Ald. Bruno also saw a perception problem with HPC. He felt that it would be beneficial to broadcast HPC meetings and possibly those of the other boards and commissions. Discussion followed regarding the perception of the HPC and the appointment process to the various boards and commissions. Report on Triad Senior Citizens Picnic Ald. Singer reported that the Triad organization held its annual senior citizens picnic last Saturday with an attendance of approximately 115 seniors. He thanked Joe Stanton, who was in charge of food preparation. 12 ADJOURN On a motion by Ald. Singer, second by Ald. Marks, the meeting was adjourned by unanimous voice vote at 11:33 pm. Submitted by Lynn P. Landberg, City Clerk 13 AGENDA ITEM EXECUTIVE SUMMARY U Agenda Items: Request For Use of Public Rights of Way, Street Closures and Police Services for Trick or Trot 10K Run on September 26, 2015 Presenter & Title: Jamie Heflin, Business Development Specialist Date: July 27, 2015 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: Budgeted? ____________YES ______X______ NO If NO, please explain how the item will be funded: Police services to be paid by event organizer. Executive Summary: The Zellmer Childhood Disease Foundation has submitted a special event application for their 4th annual Trick or Trot Run. The run is planned for Saturday, September 26, 2015 from 7:00 am to 10:00 am in downtown Geneva and along the Fox River Trail. A map of the route is attached. Event organizers are requesting police services to post road closure signs and to provide traffic control. The Zellmer Childhood Disease Foundation is aware they will be invoiced for the Police Department services. Police would provide a detour for traffic while Rt. 31 is closed intermittently at Campbell Street between 7:30-9:00 am. The following street closures are requested:  Campbell Street from 6th Street to River Lane  Franklin Street from 6th Street to River Lane  6th Street from Campbell Street to Franklin Street  5th Street from Campbell Street to Franklin Street  4th Street from Campbell Street to Franklin Street  3rd Street from James Street to Franklin Street  2nd Street from Campbell Street to Franklin Street  River Street from Campbell Street to South Street The race will start and finish in front of the Kane County Courthouse. There will some small tents, a platform stage and some registration tables along 3rd Street. Three parking spaces will be used on Campbell for an Ambulance and Port-A-Johns. The Zellmers’ have visited the surrounding businesses and residents to be affected by the race and will also send them out an informational sheet. The event application has been circulated to review staff and no outstanding issues remain. A certificate of insurance will be submitted prior to the event date. Attachments: (please list)  Special Event Application with maps Recommendation / Suggested Action: (briefly explain) Approval of the Trick or Trot Run for street closures and use of city personnel and services as presented in application materials. 14 15 16 17 18 19 20 21 22 23  24 ET JAMES 3RD STR STREET E SOUTH 4-10x10 TENTS 28 FT. CLE AR 4x8 PLATFOR GARBAG REGISTR M TOTES E ATION fistnaisrth TABLES O N SIDEWAL CAMPB K 4-10x10 ELL STR TENTS EET 4TH STR 4 TOILE TS EET Ambula nce Campbell and 3rd STREET CLOSED SOUTH FROM 6:30 AM SEPTEMBER 26 TO 10:00 AM SEPTEMBER 26 Trick or Trot Site Map Kane County Court House September 26th 2015 25 26 27 28 AGENDA ITEM EXECUTIVE SUMMARY Review and Consideration of a Special Use in the OR Office Research Agenda Item: District to allow a Preschool and Daycare Center on the property located at 2423 Fargo Boulevard. David DeGroot, Community Development Director Presenter & Title: Paul Evans, City Planner Date: July 27, 2015 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 - Estimated Cost: N/A Budgeted? YES If NO, please explain how the item will be funded: NO Executive Summary: The applicant, Lubina Sultana, would like to operate a preschool/daycare center in the former La Petite Academy building located at 2423 Fargo Boulevard. The property is located in the Randall Center Planned Unit Development (PUD) and is zoned OR Office Research District. The PUD does not establish a specific list of permitted and special uses, but rather relies on the permitted and special uses of the underlying zoning district. Preschools/daycares require a Special Use in the OR District. A Special Use was granted to La Petite Academy for a child care center in the subject property in November of 1990 under Ordinance No. 90-63 (attached for your review). Section 3 of that ordinance stated, “That this Special Use for a child care center is granted jointly and severally to La Petite Academy, Inc. and shall terminate upon the sale of the subject property.” Therefore, the applicant is requesting a new Special Use to allow their Come Grow With Us preschool/ daycare center to operate at 2423 Fargo Boulevard. The Special Use for La Petite Academy limited the number of employees to 15 and the number of children enrolled in the child care center to 130. Come Grow With Us has confirmed that they would be able to abide by the same standard. As part of the project, Come Grow With Us is proposing to upgrade the landscaping on the site, renovate the interior of the building, and install new signage. Please see the attached development plans for more detail. Attachments: (please list) Community Development Department Report Draft Ordinance Development Plans Recommendation / Suggested Action: (briefly explain) At its meeting on July 9, 2015 the Plan Commission unanimously voted to approve the requested Special Use, as presented in the attached draft ordinance. 29 Community Development Department Report GENEVA COMMITTEE OF THE WHOLE COME GROW WITH US JULY 27, 2015 PRESCHOOL & DAYCARE Applicant SPECIAL USE Lubina Sultana, Come Grow With Us Preschool/Childcare Location 2423 Fargo Boulevard Request Special Use in the OR Office Research District to allow a Preschool and Daycare Center on the property located at 2423 Fargo Boulevard Recommendation At its meeting on July 9, 2015 the Plan Commission unanimously recommended approval of the applicant’s request. Staff Liaison Paul Evans Figure 1. Location Map. Prepared by Geneva Planning Division, July 2015. City Planner Phone: (630) 845-9654 BACKGROUND Email: pevans@geneva.il.us The applicant would like to operate a preschool/daycare center in the former La Petite Academy building located at 2423 Fargo Boulevard. The property is located in the Randall Center Planned Unit Development (PUD) and is zoned OR Office Research District. The PUD does not establish a specific list of permitted and special uses, but rather relies on the permitted and special uses of the underlying zoning district. Preschools/daycares require a Special Use in the OR District. A Special Use was granted to La Petite Academy for a child care center in November of 1990 under Ordinance No. 90- 63 (attached for your review). Section 3 of that ordinance stated, “That this Special Use for a child care center is granted jointly and severally to La Petite Academy, Inc. and shall terminate upon the 30 sale of the subject property.” Therefore, the applicant is requesting a new Special Use to allow the Come Grow With Us preschool/daycare center to operate at 2423 Fargo Boulevard. The Special Use for La Petite Academy limited the number of employees to 15 and the number of children enrolled in the child care center to 130. Come Grow With Us has confirmed that they would be able to abide by the same standard. As part of the project, Come Grow With Us is proposing to upgrade the landscaping on the site, renovate the interior of the building, and install new signage. Please see the attached development plans for more detail. REQUEST Come Grow With Us requests a Special Use in the OR Office Research District to allow a Preschool and Daycare Center on the property located at 2423 Fargo Boulevard PROPERTY INFORMATION The property is located at 2324 Fargo Boulevard and has an area of approximately 1.04 acres. The existing one-story 7,500 square foot building has 24 parking spaces and was constructed in 1991. The property is zoned OR Office Research and is designated as “Commercial: Retail, Service, Office” in the City’s adopted Comprehensive Plan. Please see Table 2 below and Figures 2 and 3 on the following page for surrounding property information including existing zoning, existing land uses, and future land use designations. Table 2. Surrounding Property Information. Prepared by Geneva Planning Division, July 2015. LOCATION ZONING DISTRICT LAND USE COMPREHENSIVE PLAN Subject Property OR Office Research Vacant Daycare Center Commercial: Retail, Service, Randall Center PUD Office North OR Office Research TriCity Family Services Commercial: Retail, Service, Randall Center PUD Office South B5 Business District Stormwater Detention Pond Open Space Randall Square PUD East OR Office Research Randall Center Multi-tenant Commercial: Retail, Service, Randall Center PUD Commercial Building Office West OR Office Research Fox Valley Family Physicians Commercial: Retail, Service, Randall Center PUD Office 31 Figure 2. Zoning Map of the Subject Property and Surrounding Area. Prepared by Geneva Planning Division, July 2015. Figure 3. Future Land Use Designation of the Subject Property and Surrounding Area, based on the 2003 Comprehensive Plan. Prepared by Geneva Planning Division, July 2015. 32 REVIEW COMMENTS/STAFF ANALYSIS Staff has evaluated the requested Special Use in relation to the nine (9) special use standards the Plan Commission uses in formulating it findings of fact, as set forth in Section 11-14-4(F) of the Zoning Ordinance. At its meeting on July 9, 2015, the Plan Commission adopted the staff analysis as their findings of fact (also shown as Exhibit B of the attached draft ordinance). 1. The proposed use at the specified location is consistent with the comprehensive plan. The property is designated for “Commercial: Retail, Service, Office” uses in the City’s adopted Comprehensive Plan. The proposed use as a preschool/daycare center is consistent with the Comprehensive Plan. 2. The proposed building or use will not diminish the value of adjacent and nearby properties. The proposed Come Grow With Us preschool/daycare center would occupy the space previously occupied by La Petite Academy. The proposed use is consistent with existing uses on the property and in the surrounding area. The property is currently vacant and has been vacant since 2008. There has not been any indication that the previous use diminished the value of adjacent and/or nearby properties. The proposed development and use is not expected to diminish the value of adjacent and nearby properties. 3. The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use. The proposed Come Grow With Us preschool/daycare center is expected to increase traffic to the site and turns to and from Fargo Boulevard to Randall Road. Come Grow With Us will have set times for parent drop-off and pick-up so the traffic will be staggered and not all of the caregivers will need to be present. The parking demand and amount of traffic generated by the proposed preschool/daycare center is not expected to create traffic congestion or unduly increase traffic. 4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. The proposed development would use the existing access points off of Randall Court. As was the case for La Petite Academy, Come Grow With Us customers would use Randall Court to access the establishment. Because the Fargo Boulevard and Randall Court intersection has a 3-way stop, traffic will move in an efficient manner. The preschool/daycare will have 24 parking spaces and 15 employees, leaving a minimum of 9 spaces free for parents during drop off/pick up times. The proposed use has been designed to provide adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. 5. The proposed building or use will not adversely affect or change the character of the area in which it is located. The property is located on the west side of Randall Road which is a major arterial road servicing Geneva and the Fox River Valley. The building has remained largely unchanged because it has been 33 vacant for seven years. The applicant is not proposing to change the exterior of the building except for signage, replacing and enhancing the landscaping and maintaining the building and play equipment. Most of the interior of the building will be substantially remodeled. This proposed use is consistent with other commercial uses along Randall Road. The proposed redevelopment would not adversely affect or change the character of the area. 6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties. The proposed preschool/daycare center would not adversely affect the use and development of adjacent and nearby properties. Come Grow With Us will offer preschool and daycare for employers in Geneva and the surrounding area. The property is conveniently located near Randall Road and the Northwest Medicine Hospital. The daycare will operate Monday through Friday from 6:00 am to 6:00 pm. and there will be very limited night time use, primarily for graduations. Therefore, the proposed use will not adversely affect the use and development of adjacent and nearby properties. 7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties. The applicant is not making any changes to the parking lot or existing drainage pattern. Adequate utility, drainage, parking and other necessary facilities to service the proposed use are available and the use will not affect the use, development and value of adjacent and nearby properties. 8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use. The applicant is planning few changes to the existing site other than landscaping and site signage. The project will be required to comply with all of the applicable regulations, conditions, and requirements of the City prior to building permit issuance by the City. 9. That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood. The exterior architecture of the building and site will remain largely unchanged. The applicant is proposing to redo the landscaping that is overgrown and provide routine maintenance on the building. The only other exterior change will be the replacement of the existing ground sign. The architectural appeal and function of the proposed development will not be at variance with the exterior architectural appeal and functional plan of the structures in the immediate neighborhood and will not cause a depreciation in property values in the neighborhood. 34 RECOMMENDATION At its meeting on July 9, 2015, the Plan Commission unanimously recommended approval of the applicant’s request, subject to the following conditions of the approval: 1. The number of employees on-site shall not exceed 15 employees and the number of children enrolled in the preschool and daycare shall not exceed 130. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. August 3, 2015 – City Council consideration of request *This timeline is provided for informational purposes only, exact dates are subject to change. ATTACHMENTS Project Narrative Site Plan Landscape Plan Photometric Report Building Photos & Signage Ordinance No. 90-63 35 ORDINANCE 2015-?? AN ORDINANCE GRANTING A SPECIAL USE IN THE OR OFFICE RESEARCH DISTRICT TO ALLOW A PRESCHOOL/DAYCARE CENTER ON THE PROPERTY LOCATED AT 2423 FARGO BOULEVARD – COME GROW WITH US PRESCHOOL/CHILDCARE WHEREAS, an application was duly filed with the Plan Commission of the City of Geneva on the 28th day of May, 2015, by Lubina Sultana on behalf of Come Grow With Us Preschool/Childcare, requesting a Special Use in the OR Office Research District to allow preschool/daycare center on the property located at 2423 Fargo Boulevard, 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 for review of said request was duly published on June 24, 2015 in the Daily Herald, a newspaper of general circulation in the City of Geneva, and such Public Hearing was held by the Plan Commission on July 9, 2015 in the manner and form as provided with respect to Special Uses under Title 11 of the Geneva City Code (Zoning Ordinance) as amended; and WHEREAS, said application was presented to the Plan Commission at the Public Hearing, who received exhibits and testimony from the applicant, and City Staff; and WHEREAS, at its meeting on July 9th, 2015, after deliberation, the Plan Commission recommended approval of the application and adopted the Findings of Fact which are attached hereto and made a part 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 finding of fact and the Plan Commission’s recommendation and considered the same on July 27, 2015 and recommended approval of the application; and WHEREAS, the City Council of the City of Geneva considered the entire record, the findings of fact, and the recommendations of the Plan Commission and the Committee of the Whole on August 3, 2015. 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: SPECIAL USE FOR A PRESCHOOL/DAYCARE CENTER Subject to the satisfaction of the conditions set forth in Section 3 below, a Special Use is hereby granted to allow a preschool/daycare center on the SUBJECT REALTY, pursuant to Chapter 14-4 of the Zoning Ordinance. The Findings of Fact set forth in Exhibit “B” are attached hereto are hereby adopted by 36 reference. The Approved Plans, attached hereto are made a part hereof as Group Exhibit "C", are hereby approved. SECTION 3: CONDITIONS OF APPROVAL A. The number of employees on-site shall not exceed 15 employees and the number of children enrolled in the preschool and daycare shall not exceed 130. SECTION 4: APPLICABILITY OF CODES Except as otherwise specifically provided herein, applicant shall comply in all respects with the applicable provisions of the Geneva City Code and other City ordinances pertaining to the development in effect at the time the applicant makes application to the City for a building permit or permits in connection with the construction of buildings or structures on the SUBJECT REALTY, whether or not any of such ordinances are amended after the date hereof. SECTION 5: CONVEYANCES Nothing contained in this Ordinance shall be construed to restrict or limit the right of the applicant to sell or convey all or any portion of the SUBJECT REALTY, whether improved or unimproved, and to transfer or assign any or all of their respective rights and duties under this Ordinance, provided such sale, conveyance, transfer and assignment is subject to the provisions of this Ordinance. SECTION 6: 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 7: 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 3rd day of August, 2015 37 AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me as Mayor of the City of Geneva, Kane County, Illinois this ___ day of ________, 2015. ______________________________ Mayor ATTEST: ______________________________ City Clerk 38 EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 39 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT INTERSECTION OF A LINE DRAWN PARALLEL WITH AND 100.0 FEET WESTERLY OF THE CENTER LINR OF RANDALL ROAD (MEASURED AT RIGHT ANGLES THERETO) WITH THE SOUTHERLY LINE OF FARGO BOULEVARD; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 970.0 FEET FOR A POINT OF BEGINNING: THENCE EASTERLY ALONG THE LAST DESCRIBED COURSE 220.0 FEET TO THE WEST LINE OF A TRACT OF LAND OF A TRACT SAID SOUTHERLY LINE 220.0 FEET: TO THE WEST LINE OF A TRACT OF LAND CONVEYED TO WESTWAY CONSTRUCTION CORPORATION BY DOCUMENT 90K 20337; THENCE SOUTHERLY ALONG SAID WEST LINE 198.0 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTHERLY LINE 220.0 FEET; THENCE NORTHERLY PARALLEL WITH SAID WEST LINE 198.0 FEET TO THE PONT OF BEGINNING, IN THE CITY OF GENEVA, KANE COOK COUNTY, ILLINOIS. TOTAL NET AREA: 45,295 SQ.FT. = 1.040 ACRE COMMONLY KNOWN AS: 2423 FARGO COURT, GENEVA, IL 60134 PIN: 12-08-276-005 . 39 EXHIBIT "B" SPECIAL USE STANDARDS 1. The proposed use at the specified location is consistent with the comprehensive plan. The property is designated for “Commercial: Retail, Service, Office” uses in the City’s adopted Comprehensive Plan. The proposed use as a preschool/daycare center is consistent with the Comprehensive Plan. 2. The proposed building or use will not diminish the value of adjacent and nearby properties. The proposed Come Grow With Us preschool/daycare center would occupy the space previously occupied by La Petite Academy. The proposed use is consistent with existing uses on the property and in the surrounding area. The property is currently vacant and has been vacant since 2008. There has not been any indication that the previous use diminished the value of adjacent and/or nearby properties. The proposed development and use is not expected to diminish the value of adjacent and nearby properties. 3. The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use. The proposed Come Grow With Us preschool/daycare center is expected to increase traffic to the site and turns to and from Fargo Boulevard to Randall Road. Come Grow With Us will have set times for parent drop-off and pick-up so the traffic will be staggered and not all of the caregivers will need to be present. The parking demand and amount of traffic generated by the proposed preschool/daycare center is not expected to create traffic congestion or unduly increase traffic. 4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. The proposed development would use the existing access points off of Randall Court. As was the case for La Petite Academy, Come Grow With Us customers would use Randall Court to access the establishment. Because the Fargo Boulevard and Randall Court intersection has a 3-way stop, traffic will move in an efficient manner. The preschool/daycare will have 24 parking spaces and 15 employees, leaving a minimum of 9 spaces free for parents during drop off/pick up times. The proposed use has been designed to provide adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. 5. The proposed building or use will not adversely affect or change the character of the area in which it is located. The property is located on the west side of Randall Road which is a major arterial road servicing Geneva and the Fox River Valley. The building has remained largely unchanged because it has been vacant for seven years. The applicant is not proposing to change the exterior of the building except for signage, replacing and enhancing the landscaping and maintaining the building and play equipment. Most of the interior of the building will be substantially remodeled. This proposed use is consistent with other commercial uses along Randall Road. The proposed redevelopment would not adversely affect or change the character of the area. 40 6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties. The proposed preschool/daycare center would not adversely affect the use and development of adjacent and nearby properties. Come Grow With Us will offer preschool and daycare for employers in Geneva and the surrounding area. The property is conveniently located near Randall Road and the Northwest Medicine Hospital. The daycare will operate Monday through Friday from 6:00 am to 6:00 pm. and there will be very limited night time use, primarily for graduations. Therefore, the proposed use will not adversely affect the use and development of adjacent and nearby properties. 7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties. The applicant is not making any changes to the parking lot or existing drainage pattern. Adequate utility, drainage, parking and other necessary facilities to service the proposed use are available and the use will not affect the use, development and value of adjacent and nearby properties. 8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use. The applicant is planning few changes to the existing site other than landscaping and site signage. The project will be required to comply with all of the applicable regulations, conditions, and requirements of the City prior to building permit issuance by the City. 9. That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood. The exterior architecture of the building and site will remain largely unchanged. The applicant is proposing to redo the landscaping that is overgrown and provide routine maintenance on the building. The only other exterior change will be the replacement of the existing ground sign. The architectural appeal and function of the proposed development will not be at variance with the exterior architectural appeal and functional plan of the structures in the immediate neighborhood and will not cause a depreciation in property values in the neighborhood. 41 GROUP EXHIBIT "C" APPROVED PLANS 42 This is a request for Special Use Permit for Come Grow With Us Preschool with City of Geneva. The applicant seeks approval for one story childcare center. The design calls for 7500 sq. feet childcare center with adjacent playground. The site for the Special Use Permit is located at 2423 Fargo Road with drive access on Randall Court. The applicant, Come Grow With Us Pre School & Childcare submits the following information as evidence that it meets the standards for Special Use Permit. Standard 1: The proposed use at the specified location is consistent with the comprehensive plan. The existing building was previously occupied by La Petite Childcare center. The site plan is consistent with the previous use. Standard 2: The proposed building or use will not diminish the value of adjacent and nearby properties. Even before its opening, Come Grow With Us Preschool will start having positive fiscal impact on the community. The piece of property which has been vacant for years will now be developed into a beautiful commercial building increasing the value of properties in surrounding neighborhood. Standard 3: The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use. There are two driveway entrances to the building which will make entering and exiting easy. The building will meet or exceed the parking demand. Standard 4: The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. The project is located in a cul-de-sac with two entrances to the driveways which will make entering and exiting easy. Standard 5: The proposed building or use will not adversely affect or change the character of the area in which it is located. No changes are being made to the existing structure of the building as such there will be no change to the character of the area. 43 Standard 6: The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties. No changes are being made to the existing structure of the building as such there will be no adverse effect to the use and development of adjacent and nearby properties. Standard 7: Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties. All utilities are currently on or adjacent to the property. The project has plans which will meet the requirements set forth by the City of Geneva. The electricity will be provided by Comed. Standard 8: The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use. The project will meet or exceed any and all regulations, conditions or requirements of the city. Standard 9: That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood. No changes are being made to the existing structure of the building as such the exterior architectural appeal will not be at variance. Also, since the building was previously occupied as a childcare center the function will also remain the same. 44 Bode Preschool and Childcare Center ____________________________________________________________________________________________________________________________________________________________________________ 946 Bode Road Schaumburg, IL 60194 (847) 885-1256 Dear Mr. Evans, Thank you for reviewing our request for Special Use for the childcare center. Below are the responses to the review comments: 1. a. What proposed changes will be made to the building and site, i.e. signage, landscaping, play area, etc. No changes will be made to the existing building and site. The play area is already fenced in and all the play equipment needed already exists. b. Previous use of the building and how long the building has been vacant. The building was previously used as a childcare center and was occupied La Petite Childcare center. The building has been vacant since 2008. c. Description of preschool/childcare i.e. number of children and care takers, hours and days of operation, and will there be any night time use? The preschool/childcare center will operate Monday through Friday from 6:00 am till 6:00 pm. The center will approximately have 130 children and 15 staff members. There will be no night time use. 2. Please designate and label on the site plan the location of the proposed ground sign. If the sign is lit, please include any proposed lighting for the sign. The location of the proposed ground sign is marked on the attached site plan. The sign is not lit. 45 3. Please include the address on the ground sign per Section 11-12-6A(6) The address has been added to the proposed ground sign. 4. If a wall sign is desired, please submit details of that signage or it may be applied later as a part of the building permit. Currently no wall sign will be displayed. 5. The lighting plan by RAB Lighting is close to what the City is seeking, as it shows the site plan and the illumination levels. However, according to the submitted topographical survey, staff is unable to confirm the illumination levels along east side of the property as there is no illumination level provided at the lot line. RAB Lighting is working to show the illumination levels along the east side of the property as required. Once again, thank you for cooperation and help. Thank you, Lubina Sultana 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 AGENDA ITEM EXECUTIVE SUMMARY Ordinance Amending Title 7 (Motor Vehicles and Traffic), Ch. 4 (Traffic Schedules), Section 7-4-8B, Schedule VIII (Limited Agenda Item: Parking Zones – 15 minute parking) by eliminating two 15 minute parking spaces. Presenter & Title: Steve Mexin, Chief of Police Date: July 27, 2015 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: There are two parking spaces located immediately to the north of the commercial building commonly known as 7 West State Street that are currently designated as 15 minute parking spaces. These two spaces were designated as limited parking years ago to benefit the businesses that formerly occupied the adjacent building. New businesses have since moved in and there is no longer a need to 15 minute spaces and making these spaces consistent with the other longer term parking spaces in the lot would be more beneficial to the existing businesses. The businesses in the area were contacted and none of them were opposed to eliminating the 15 minute time limit on these two spaces. Attachments: (please list) • Draft ordinance Recommendation / Suggested Action: (briefly explain) Staff respectfully recommends the approval of the ordinance amendment referenced above. 63 ORDINANCE NO. 2015-__ AN ORDINANCE AMENDING TITLE 7 (MOTOR VEHICLES AND TRAFFIC), CHAPTER 4 (TRAFFIC SCHEDULES), SECTION 7-4-8B, SCHEDULE VIII (LIMITED PARKING ZONES) (FIFTEEN MINUTE PARKING) OF THE GENEVA CITY CODE _______________________________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That Section 7-4-8(B): Schedule VIII, Limited Parking Zones, of Chapter 4, Title 7 of the Geneva City Code be and the same is hereby amended by deleting the following two (2) parking spaces therefrom: Municipal parking lot at 2 parking spaces within the public parking lot located immediately to River Lane and Hamilton the north of the commercial building commonly known as 7 West Street State Street which will be designated by signage SECTION 2: That Title 7 of the Geneva City Code as heretofore and herein above amended shall otherwise remain in full force and effect. SECTION 3: This Ordinance shall become effective from and after its passage as in accordance with law. Publication of this Ordinance is hereby approved to be in pamphlet form. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of ___________, 2015. AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: 10 APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this _____ day of __________, 2015. ____________________________ Mayor ATTEST: ________________________________ City Clerk 64 AGENDA ITEM EXECUTIVE SUMMARY Ordinance Amending Title 6 (Police Regulations), Ch. 2 Agenda Item: (Miscellaneous), Section 5 (Weapons) by adding two new subsections (6-2-5A4 and 6-2-5C). Presenter & Title: Steve Mexin, Chief of Police Date: July 27, 2015 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: Two amendments to Title 6, Chapter 2, Section 5 of Geneva’s Municipal Code are being recommended. The first amendment would be to add wording in subsection A4 that recognizes the existence of the Illinois Firearms Concealed Carry Act and the exemption that creates for people who are found to be legally carrying a concealed weapon per that Act. The second amendment would be to add Subsection C that expressly prohibits the discharge of a firearm within the City. Attachments: (please list) • Draft ordinance Recommendation / Suggested Action: (briefly explain) Staff respectfully recommends the approval of the ordinance amendments referenced above. 65 ORDINANCE NO. 2015- __ AN ORDINANCE AMENDING TITLE 6 (POLICE REGULATIONS), CHAPTER 2 (MISCELLANEOUS), SECTION 5 (WEAPONS) OF THE GENEVA CITY CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That Sections 5 (Weapons) of Chapter 2 (Miscellaneous) of Title 6 (Police Regulations ) of the Geneva City Code be amended by modifying subparagraph 6-2-5A 4 and adding 6-2-5C as set forth below:: “Section 6-2-5A 4. Carries concealed in any vehicle or concealed on or about his person (unless licensed under the Illinois Firearm Concealed Carry Act [430 ILCS 66/]), except when on his land or in his own abode or fixed place of business, any pistol, revolver or other firearm.” “Section 6-2-5C. Discharge of Firearms Prohibited. It shall be unlawful to discharge firearms or airguns in the City; provided, that this subsection shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty, nor any person to discharge a firearm when lawfully defending his person or property, nor any person from discharging a firearm using blanks when discharged pursuant to a City approved special event.” SECTION 2: That said Title 6 of the Geneva City Code, as heretofore and hereinabove amended shall remain in full force and effect. SECTION 3: This Ordinance shall become effective from and after its passage as in accordance with law. Publication of this Ordinance is hereby approved to be in pamphlet form. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of ____________, 2015. AYES:___ NAYS:___ ABSENT:___ ABSTAINING:___ HOLDING OFFICE: 10 APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this _____ day of ____________, 2015 ATTEST: ____________________________________ City Clerk 66 AGENDA ITEM EXECUTIVE SUMMARY Consider Resolution authorizing numerous items of City property to be Agenda Item: declared surplus property. Presenter & Title: Stephen E. Mexin, Chief of Police Date: July 27th, 2015 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: None Budgeted? NO If NO, please explain how the item will be funded: No funding necessary Executive Summary: Staff is requesting that the following City owned items be declared surplus property:  Green, 2000 Ford Taurus, VIN: 1FAFP5324YG275279 with 105,500 miles, previously assigned to Investigations  Gold, 2000 Ford Taurus, VIN: 1FAFP5322YG275281 with 91,300 miles, previously assigned to Investigations  Black, 2003 Ford Crown Victoria, VIN: 2FAFP71W53X192495 with 135,000 miles, previously assigned as a school/training car  Three (3) Cannondale F500 Mountain Bikes, Model Year 1996 (two (2) size 17.5” and one (1) size 19.5”)  One (1) Pro-guard prisoner partition  One (1) 3PX-treme plastic prisoner transport (rear seat)  37 Motorola HT1000 radios  Four (4) Motorola HT 1000 radio battery chargers (6 battery capacity)  Two (2) Motorola HT220 radios (serial #’s: R11D8T and S69D62)  Two (2) Motorola HT220 radio battery chargers (Unit #’s: GES1031 and GES1032)  One (1) Motorola Visar radio (serial #720TCJ0689Z)  Three (3) Motorola Model AA16742 radio battery chargers (2 battery capacity)  One (1) Motorola Model BC6LMVIR01 radio battery charger (2 battery capacity)  Four (4) Motorola VRM850 Vehicular Radio Modems (serial #’s: 508SEY0685, 508SFJ0938, 508SFJ0943, and 736SDQ1103)  One (1) Motorola VRM650 Vehicular Radio Modem (serial #508SZW1011)  One (1) Regency Electronics Model ACT-R-106 radio receiver (serial #417-002312) 67 The aforementioned items will be sold. Proceeds will be returned to the City General Fund. Attachments: (please list)  Resolution Recommendation / Suggested Action: (briefly explain) Respectfully, we request the preceding items be declared as surplus so they can be sold with the proceeds returned to the City General Fund. 68 RESOLUTION NO. 2015-__ RESOLUTION AUTHORIZING THE SURPLUS OF POLICE VEHICLES AND OTHER DEPARTMENTAL PROPERTY 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, a resolution declaring three (3) police squad cars (two (2) Ford Taurus vehicle and one (1) Ford Crown Victoria vehicle), one (1) prisoner partition, one (1) prisoner transport seat, three (3) Cannondale police bicycles (two (2) size 17.5” and one (1) size 19.5”), 40 Motorola police radios, 10 Motorola police radio battery chargers, five (5) Motorola vehicle radio modems, and one (1) Regency radio receiver as surplus, which shall be sold with proceeds being returned to the City General Fund. 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__________, 2015. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this ___ day of__________, 2015. City Administrator ATTEST: City Clerk 69 AGENDA ITEM EXECUTIVE SUMMARY Consider approval of a Memorandum of Understanding authorizing Agenda Item: the appointment of alternate board members representing the City of Geneva on the Tri City Ambulance Board of Directors. Presenter & Title: Chief Steve Olson Date: July 27, 2015 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 - DNA YES Estimated Cost: -0- Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: Attached, you will find a proposed Memorandum of Understanding (MOU) that has been recommended by the Tri City Ambulance Board of Directors. If approved by the individual partner agencies it permits the appointment of an alternate representative to the Board in the event the primary representatives are unable to attend a scheduled meeting of the Board. This was developed at the recommendation of the Boards legal counsel to address instances of cancelled meetings due to a lack of a quorum. Rather than open the intergovernmental agreement (IGA) to address what is an occasional issue it was felt the MOU would be a more efficient approach. The MOU has been approved by St. Charles and Batavia and name their fire chief as the alternate representative. The proposed MOU will appoint Chief Steve Olson as the alternate representative to the TCA Board. By way of reminder Tri City Ambulance is an intergovernmental program that provides advanced life support (ALS) treatment and transport for the residents and visitors in Batavia, Geneva, St. Charles, Geneva Township and the Batavia Countryside Fire Protection District. It maintains five frontline and three reserve ALS ambulances. The staffing is provided through a contract with Paramedic Services of Illinois and the medics assigned to the unit in Geneva are cross-trained as certified firefighters. Originally based in Community and Delnor hospitals, it has been quartered in the fire departments since 1982.  Memorandum of Understanding, Draft resolution, TCA resolution recommending approval Recommendation / Suggested Action: (briefly explain) Consideration for authorizing the Mayor to sign the Memorandum of Understanding as recommended by the Tri City Board of Directors. 70 July 22, 2015 To: Mayor Burns City Council members From: Chief Steve Olson Re: Draft memorandum of understanding with Tri City Ambulance partner agencies. Attached, you will find a proposed Memorandum of Understanding (MOU) that has been recommended by the Tri City Ambulance Board of Directors. If approved by the individual partner agencies it permits the appointment of an alternate representative to the Board in the event the primary representatives are unable to attend a scheduled meeting of the Board. This was developed at the recommendation of the Boards legal counsel to address instances of cancelled meetings due to a lack of a quorum. Rather than open the intergovernmental agreement (IGA) to address what is an occasional issue it was felt the MOU would be a more efficient approach. The MOU has been approved by St. Charles and Batavia and name their fire chief as the alternate representative. By way of reminder Tri City Ambulance is an intergovernmental program that provides advanced life support (ALS) treatment and transport for the residents and visitors in Batavia, Geneva, St. Charles, Geneva Township and the Batavia Countryside Fire Protection District. It maintains five frontline and three reserve ALS ambulances. The staffing is provided through a contract with Paramedic Services of Illinois and the medics assigned to the unit in Geneva are cross‐trained as certified firefighters. Originally based in Community and Delnor hospitals, it has been quartered in the fire departments since 1982. 71 Memorandum of Understanding Tri-City Ambulance Service WHEREAS, the City of St. Charles, the City of Geneva, the City of Batavia, Batavia Township and Countryside Fire Protection District, and Geneva Township entered into a certain Intergovernmental Agreement dated May 14, 1985 creating an association by the name of “Tri- City Ambulance Service” (hereinafter known as “TCA”); WHEREAS, on January 23, 2012, an Amended Intergovernmental Agreement was entered into by and between the City of St. Charles, the City of Geneva, the City of Batavia, Batavia Township and Countryside Fire Protection District, and Geneva Township; WHEREAS, the purpose of TCA is to provide an association to provide for funding, administration, management, maintenance and operation of Paramedics and Ambulance Advanced Life Support Services for the area described in said amended Agreement; WHEREAS, the Amended Intergovernmental Agreement provides that TCA shall be governed by a Board of Directors which shall be comprised of two members of the corporate authorities of each of the cities, one trustee of Batavia Township and Countryside Fire Protection District and one supervisor of the Geneva Township. The Mayor, with the advice and consent of the City Council of each city, appoints the representatives for the city. Batavia Township and Countryside Fire Protection District and Geneva Township determine their own manner of selection of board members; WHEREAS, pursuant to the Amended Intergovernmental Agreement, regular meetings of the Board of Directors are held in accordance with the written schedule or the call of the board from time to time. In addition, special meetings may be held upon call of the Chairman or any two members in accordance with the notice requirements of the Amended Intergovernmental Agreement. The TCA and the Amended Intergovernmental Agreement do not provide for an alternate director representative to attend board meetings; WHEREAS, the parties have determined that it is in their respective best interests that an alternative board member be designated to attend regular meetings and special meetings of the board in the event that the designated board member cannot attend. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, it is agreed that the parties may designate an alternative board member who shall have the same privileges and responsibility as the board members at meetings of the board in the absence of the appointed board member. The parties may each designate an alternative board member by executing a copy of the Memorandum of Understanding in the same manner as its appointment is made to the board of TCA. 72 IN WITNESS WHEREOF, Chief Steve Olson hereby designated as the alternative board member: CITY OF GENEVA, an Illinois Municipal Corporation By: Mayor ATTEST: City Clerk 73 74 AGENDA ITEM EXECUTIVE SUMMARY Consideration for declaring 1984 Pierce Pumper and 1999 Agenda Item: Plymouth Voyager van surplus Presenter & Title: Chief Steve Olson Date: July 27, 2015 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 - DNA YES Estimated Cost: -0- Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: Pursuant to the delivery of the 2015 Pierce Enforcer pumper the 1984 Pierce Dash pumper can be declared surplus by the City Council. Staff has received information indicating the vehicle may have a value of $2,500 or less. Staff will follow city procedures to solicit offers via Ebay and Ibay. The 1999 Plymouth van is no longer drivable and has significant deterioration in the unibody frame. It is recommended that, if declared surplus, the vehicle be used for extrication training by the fire department recruits. The remains would be sent to a scrapper for recycling. 6  Memo, resolution Recommendation / Suggested Action: (briefly explain) Consideration for declaring the 1984 Pierce Pumper and 1999 Plymouth Voyager van surplus. 75 July 21, 2015 To: Mayor Burns City Council Members From: Chief Steve Olson Re: Recommendation to declare the 1984 Pierce Pumper and 1999 Plymouth Voyager van surplus Delivery of the 2015 Pierce Enforcer pumper was taken in the 1st week of July. It currently is having the loose equipment installed as well as operational training by the members. The target for placing the unit in‐service is the first week of August. With the delivery, the city is now in a position to declare the 1984 Dash pumper surplus. It no longer meets accepted standards for contemporary fire apparatus and as such may have a value of less than $2,500. Staff will follow city procedures for the sale of surplus equipment. The 1999 Plymouth Voyager is no longer drivable with a substantial amount of corrosion in the body frame. The vehicle Maintenance Division has inspected the vehicle and concurs that it warrants no further investment of city resources. It was previously used for emergency response and code enforcement activities. The Bureau is now using a retired squad car to meet day‐to‐day needs. It is suggested that if the City Council approves, the vehicle be used for extrication training by the recruit firefighters. The debris would be removed by a scrapper for recycling. 76 RESOLUTION NO. 2015-__ RESOLUTION AUTHORIZING DECLARATION OF SURPLUS PROPERTY – ONE 1984 PIERCE, DASH PUMPER & ONE 1999 PLYMOUTH VOYAGER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Council hereby declares as surplus property One (1) 1984 Pierce, Dash pumper and one (1) 1999 Plymouth Voyager van on behalf of the City of Geneva 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 _________, 2015 AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this ____ day of __________, 2015. Mayor ATTEST: City Clerk Ayes _____ Nays _____ Absent ___