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Economic Development Packet 2013 10-01-13
` ,D CITY a= United City of Yorkville ' 800 Game Farm Road ESL , 1836 Yorkville Illinois 60560 o ICI Telephone: 630-553-4350 =o Fax: 630-553-7575 ALE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, October 1, 2013 7:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: August 5, 2013 New Business: 1. EDC 2013-32 Building Permit Report for August 2013 2. EDC 2013-33 Building Inspection Report for August 2013 3. EDC 2013-34 Beekeeping within City Limits Old Business: 1. EDC 2013-28 Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area (Imperial Investments, LLC) 2. EDC 2013-22 Disconnection of a Portion of the Hoover Forest Preserve Additional Business: 2013/2014 City Council Goals—Economic Development Committee Goal Priority Staff "Economic development(tourism, commercial development, other 3.5 Krysti Barksdale-Noble&Bart Olson people's money)" "Downtown improvement(public &private; downtown property 4 Krysti Barksdale-Noble&Bart Olson cleanup)" "Stricter code enforcement on all property maintenance" 5 Pete Ratos&Krysti Barksdale-Noble "Public riverfront improvement(bridges to river islands)" 9 Krysti Barksdale-Noble "Tourism" 10 Krysti Barksdale-Noble "Metra extension(Oswego&Yorkville)" 10 Krysti Barksdale-Noble&Bart Olson UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, October 1, 2013 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. August 5, 2013 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2013-32 Building Permit Report for August 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2013-33 Building Inspection Report for August 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2013-34 Beekeeping within City Limits ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2013-28 Fourth Amendment to the Imperial Investments Downtown Redevelopment Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2013-29 Midland Bank— Special use for Bank with Drive-Through Facilities ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 0 CIT, Reviewed By: Agenda Item Number a J w T Legal ❑❑ Minutes Finance EST " 1836 Engineer ❑ ~ = City Administrator ❑ Tracking Number y Human Resources ❑ a Community Development ❑ �► Police ❑ cLE �►�" Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the Economic Development Committee—August 5, 2013 Meeting and Date: EDC—October 1, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Monday, August 5, 2013, 7:00pm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members Chairman Ken Koch Alderman Carlo Colosimo Alderman Joel Frieders Other City Officials City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble Code Official Peter Ratos Other Guests: Tony Scott,Kendall County Record Pete Occhipinti Kelly Kramer,Attorney Nick Isaacson-Faegre, Baker, Daniels (for Raintree) Ken Spaeth, Midland State Bank The meeting was called to order by Chairman Ken Koch at 7pm. Citizen Comments None Previous Meeting Minutes June 4, 2013 The minutes were approved as read. New Business 1. EDC 2013-26 Building Permit Report for June &July 2013 No comments. 2. EDC 2013-27 Building Inspection Reports for June &July 2013 No comments. Page 1 of 4 3. EDC 2013-28 Fourth Amendment to the RedevelopmentAgreement for the Downtown Yorkville R edevelopm en t Project A rea (Imperial Investments, LL Bart Olson said this is a new agreement and the funding of the electric line undergrounding will be contingent upon having TIF funds. The guarantee is only on the upfront amount of$130,000. Alderman Colosimo commented that the agreement is not as specific as he hoped and if there is a lack of funds, the City is burying the lines for the developer. Alderman Frieders said he "agreed and disagreed". He further stated that the east side of the street is also in need of improvements and he sees value in taking that risk. Mr. Colosimo said burying the lines on the east side is to the City's advantage. He said there are 2 issues with the west side: 1) the lines are being buried for the developers and 2)the front end expense is guaranteed, but the rest is not. Administrator Olson said the City can always say no to the entire project. While there is not much money in the TIF at this time, he projected that in 5-10 years money will be generated to pay for these improvements. Alderman Koch asked if there is a mechanism in place for recapture possibilities if another person bought the property to the west. There would not be recapture according to Mr. Olson, however, it could possibly be negotiated with that property owner. While the City has committed to the study, it has not begun yet and it may or may not be started at the end of the year. Com Ed has said they are busy with the Rt. 47 project at this time. This will move forward to the regular Council agenda for further discussion. 4. EDC 2013-29 Midland Bank—Special Use for Bank with Drive-Through Facilities Ms. Barksdale-Noble provided the background for this item. The existing structure is at 38 W. Countryside Parkway and needs drive-in lanes as part of the bank remodeling. The ordinance requires any bank in the B-2 district to have a special use for the drive through lanes (3 are being requested). Mr. Ken Spaeth of Midland State Bank said the bank will offer full service. Attorney Kelly Kramer added that this particular property suited their needs and is not located on the main highways,but rather on frontage roads. She said that banks locating on the main roads had been an issue in the past. Possible stormwater issues were questioned by Alderman Frieders, however, there is an existing detention area. All committee members were OK with this request and it will move forward to the Council agenda. 5. EDC 2013-30 1100 McHugh Road—Annexation and Zoning Ms. Barksdale-Noble said this petition is for a single lot that is located in the County, but is adjacent to the City on 2 sides. The petitioner is asking for R-4 zoning, but has no specific plan at this time. The lot is just under an acre and would allow for 8 dwelling units as multi-family. She said the trend in this area is for multi-family. This request will go to Plan Commission on August 14`h Density is an issue said Alderman Colosimo and there is an abundance of unoccupied multi-family already. He objected to having dense zoning backing up to the single-family homes in an existing area. He said he will be interested to hear the Plan Commission's opinion. Page 2 of 4 Chairman Koch asked if all nearby residents have been notified(they have). He then asked what the benefits are with no plan in place. It would expand the City's tax base and utilities could be expanded in this area. Alderman Frieders said the corner is a blind spot for traffic and asked if some of the brush could be cleared. To help remedy this problem, the City would ask for an easement in that area and have property maintenance standards. Mr. Colosimo said there are a total of 10 single family homes in this area and he believes the other owners would not approve of a forced annexation of all the homes. He would like to hear comments from the surrounding property owners. The petitioner, Mr. Occhipinti said he currently rents out this home and he is trying to remove the current tenant as the property is in total disrepair. This request will go to Plan Commission on August 14th. No further action at this time. 6 PC 2013-11 Raintree Village Subdivision —Annexation and PUD Agreement Amendment Mr. Olson said the actual agreement was added after this item was before the Council. The only remaining item is the EOPC (Engineer's Estimate of Probable Construction Costs). He said there is a small gap between the SSA funds and the EOPC. Nick Isaacson was present on behalf of Raintree and said there would not be a gap. Alderman Colosimo said he is OK with this amendment, however, he wants the gap to be zero and wants it covered by SSA funds rather than tax dollars. He said this was discussed with the Raintree HOA. The rest of the committee agreed with Mr. Colosimo. A vote will be taken on August 13th 7. CC 2013-53 Ad Hoc Downtown Business Information Committee Alderman Teeling had originally suggested the ad hoc committee. Alderman Frieders said this should be extended beyond the downtown since many businesses are being affected by the Rt. 47 project. It was noted at this time, that the phone wires were cut during the past weekend at Parfection Park south of town. For the record, Mr. Olson noted that the proper utility must be called for these situations. Mr. Colosimo said he does not think it is the city's job to post agendas etc. He said that is the reason the YEDC and Chamber exist and a committee would be redundant. However, he did state that the City should support such a group. Mr. Koch agreed with this opinion and asked what generated this idea and who is involved. Mr. Olson said this item was brought forward as a result of the East Hydraulic closure and subsequent effect on the businesses there. Alderman Koch added that the Van Emmon closing has also exacerbated this. Businesses are now receiving updates from IDOT when the City receives them according to Krysti Noble. Information is also being put on the website immediately and emergency phone numbers will be included on the website as well. Mr. Olson said he is OK with notifying the individual businesses such as on E. Hydraulic. Mr. Frieders asked if the southside businesses are aware that they can be included on the IDOT emails and Ms. Noble will research this. Page 3 of 4 Alderman Frieders noted that people are still attending downtown events in spite of the closures. Alderman Koch added that there previously was an organization for the downtown, however, some people have left. Old Business: None Additional Business: None There was no further business and the meeting was adjourned at 7:42pm. Minutes respectfully submitted by Marlys Young Page 4 of 4 �, P q ►T . Reviewed By: Agenda Item Number Q a E]Finance Legal E] NB #1 EST. 1836 Engineer E]-=� City Administrator El Tracking Number 4 4 4 ®1 �' Human Resources E]❑'A Community Development EDC 2013-32 Police ❑ Public Works Parks and Recreation ❑ Agenda Item Summary Memo Title: Building Permit Report for August 2013 Meeting and Date: EDC—October 1, 2013 Synopsis: All permits issued in August, 2013. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Informational Council Action Requested: None Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: =`,\EU C1Tr0 I. UNITED CITY OF YORKVILLE W.. ion BUILDING PERMIT REPORT �y Who AUGUST 2013 [(E \\\ TYPES OF PERMITS Number SFD B.U.LL.D SFA Multi- Commercial Industrial Miso. Construction Permit of Single Family Single Famly Single Fantdy Family Includes all Permits Cost Fees Permits Detached Detached Attached Issuedfor Commercial Apartments Condominiums A•ogram Begins ! Use ISSUeCl Condominiums (///2012 August 2013 59 3 4 0 0 10 0 42 2,465,389.00 96,581.04 Calendar Year 438 28 42 0 0 86 0 282 14,982,038.00 939,114.55 2013 Fiscal Year 2013 274 15 22 0 0 42 0 195 8,482,947.00 473,725.17 August 2012 82 3 0 0 0 12 0 67 11039,091.00 30,518.19 Calendar Year 421 23 24 0 0 78 0 296 13,045,875.00 589,881.25 2012 Fiscal Year 2012 287 12 13 0 0 53 0 222 7,793,203.00 306,257.12 August 2011 49 2 0 0 11 0 36 792,370.00 23,227.84 Calendar Year 403 22 0 0 78 0 303 9,554,039.00 252,505.03 2011 Fiscal Year 2011 274 16 0 0 53 0 205 8,108,121.00 177,897.35 i August 2010 69 3 0 0 10 0 56 1,902.443.00 30,265.78 Calendar Year 449 28 6 0 77 0 338 17,928,826.00 373,178.94 2010 Fiscal Year 2010 273 12 6 0 45 0 210 554215686.00 218.994.94 P:\Building Dept REPOR"rS\Building Permit Reports\Building Permit Reports 2013\Bldg Permit Report Aug 2013.doe Prepared by: D Weinert �, P q ►T . Reviewed By: Agenda Item Number Q a E]Finance Legal E] NB #2 EST. 1836 Engineer E]-=� City Administrator El Tracking Number 4 4 4 ®1 �' Human Resources E]❑'A Community Development EDC 2013-33 Police ❑ Public Works Parks and Recreation ❑ Agenda Item Summary Memo Title: Building Inspection Report for August 2013 Meeting and Date: EDC—October 1, 2013 Synopsis: All inspections scheduled in August, 2013. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Informational Council Action Requested: None Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 016-FIN FINAL INSPECTION 20110456 2266 LAVENDER WAY 59 08 / 05 / 2013 PR 017 -PLF PLUMBING - FINAL 08 / 05 / 2013 PWK _____ 018 -EFL ENGINEERING - FINAL INSPE 08 / 02 / 2013 Commentsl : SHOE ONLY PR 019-FIN FINAL INSPECTION 20110481 2507 EMERALD LN 121 08 / 15 / 2013 PR 020-PLF PLUMBING - FINAL 08 / 15 / 2013 PWK 021-EFL ENGINEERING - FINAL INSPE 08 / 15 /2013 PR _ 001 - FIN FINAL INSPECTION 20120232 1604 N BRIDGE ST 08 / 01 / 2013 _ Com_mentsl : GREASE TRAP PR ____ 006-RFR ROUGH FRAMING 20120593 1505 N BRIDGE ST 08 / 09 / 2013 Commentsl : 3 STAGES OF INSPECTIONS PR 007 -RFR ROUGH FRAMING 08 / 29 / 2013 PR _ _ 008 -REL ROUGH ELECTRICAL 08 / 29 / 2013 Commentsl : ELECTRIC PANEL INTERIOR PWK 018 -EFL ENGINEERING - FINAL INSPE 20130007 2255 LAVENDER WAY 70 08 / 01 / 2013 PWK 020-EFL ENGINEERING - FINAL INSPE 20130023 2256 LAVENDER WAY 60 08 / 01 / 2013 PR _____ 002-OCC OCCUPANCY INSPECTION 20130050 1559 SYCAMORE RD 08 / 08 / 2013 Commentsl : FIRE MARSHAL APPROVAL FOR OCCUPANCY 8 -8 - Comments2 : 13 PR 013- FIN FINAL INSPECTION 20130075 708 - 710 N BRIDGE ST 2 08 / 01 / 2013 PR 014 - PLF PLUMBING - FINAL 08 / 01 / 2013 PR _ 002 - FIN FINAL INSPECTION 20130093 1022 WHITE PLAINS LN 56 08 / 02 / 2013 Commentsl : ACCESSORY STRUCTURE PR 007 -REL ROUGH ELECTRICAL 20130096 102 E VAN EMMON ST 08 / 05 /2013 PR 008 -RFR ROUGH FRAMING 08 / 05 /2013 PR 009- PLR PLUMBING - ROUGH 08 / 05 /2013 PR _ 010- FIN FINAL INSPECTION 08 / 14 / 2013 PR 006 -REL ROUGH ELECTRICAL 20130109 2832 CRYDER WAY 450 06 / 07 / 2013 I, DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A0000 . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . �'I TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 009-RFR ROUGH FRAMING 08 / 07 / 2013 PR 010-RMC ROUGH MECHANICAL 08 / 07 / 2013 PR 011-INS INSULATION 08 / 13 / 2013 PR 016-EPW ENGINEERING- PUBLIC WALK 20130110 956 CARLY CIR S 103 08 / 05 / 2013 PWK 012 -EFL ENGINEERING - FINAL INSPE 20130114 2311 PRAIRIE GRASS IN 298 08 / 02 / 2013 Commentsl : BBOX PR 013- FIN FINAL INSPECTION 08 / 09 / 2013 PR 014 - PLF PLUMBING - FINAL 08 / 13 / 2013 PWK 011-EFL ENGINEERING - FINAL INSPE 20130115 2211 PRAIRIE GRASS LN 295 08 / 02 / 2013 Commentsl : BBOX ONLY PR 012 - FIN FINAL INSPECTION 08 / 13 / 2013 PR 013- PLF PLUMBING - FINAL 08 / 13 / 2013 PWK _ 014 -EFL ENGINEERING - FINAL INSPE 08 / 12 / 2013 Commentsl : REINSPECT FOR BBOX , B-BOX OPERABLE $ 5000 Comments2 : SEC GUARANTEE PWK _ 011-EFL ENGINEERING - FINAL INSPE 20130116 2388 AUTUMN CREEK BLVD 262 08 / 02 /2013 Commentsl : BBOX ONLY PR 012 - PLF PLUMBING - FINAL 08 / 07 /2013 PR 013 - FIN FINAL INSPECTION 08 / 07 /2013 PWK _____ 014 -EFL ENGINEERING - FINAL INSPE 08 / 07 /2013 Commentsl : BBOX OPERABLE PR 008 -RFR ROUGH FRAMING 20130135 1568 SIENNA DR 73 08 / 19 / 2013 PR 009 -REL ROUGH ELECTRICAL 08 / 19 / 2013 PR 010 -RMC ROUGH MECHANICAL 08 / 19 / 2013 PR ___ 011 - PLR PLUMBING - ROUGH 08 / 19 / 2013 i PR 012-INS INSULATION 08 / 21 / 2013 PR 013- SUM SUMP 08 / 20 / 2013 DATE : 09 /25 /2013 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 /2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 009-ESW ENGINEERING - SEWER / WAT 20130149 1512 CRIMSON LN 701 08 / 06/ 2013 PR 014 -EPW ENGINEERING- PUBLIC WALK 20130150 2432 SAGE CT 2901 08 / 08 / 2013 PR 015 -PWK PRIVATE WALKS 08 / 08 / 2013 PWK 016-EFL ENGINEERING - FINAL INSPE 08 / 16 /2013 Commentsl : BBOX OPERABLE PR 017 -FIN FINAL INSPECTION 08 / 22 /2013 PR 018 -PLF PLUMBING - FINAL 08 / 22 /2013 PR 013-EPW ENGINEERING- PUBLIC WALK 20130151 2310 TITUS DR 232 08 / 02 /2013 PR 014 -PWK PRIVATE WALKS 08 / 02 /2013 PWK _____ 015 -EFL ENGINEERING - FINAL INSPE 08 / 16 /2013 Commentsl : BBOX OPERABLE PR 016-SUM SUMP 08 / 20 / 2013 PR 009 -INS INSULATION 20130152 2141 PRAIRIE GRASS LN 293 08 / 01 /2013 PR 010 -EPW ENGINEERING- PUBLIC WALK 08 / 15 / 2013 PR 011 - PWK PRIVATE WALKS 08 / 15 / 2013 PR 012 -SUM SUMP 08 / 20 /2013 PR 012 -PWK PRIVATE WALKS 20130153 2438 SAGE CT 2801 08 / 08 /2013 PR 013 -EPW ENGINEERING- PUBLIC WALK 08 / 08 /2013 PR _____ 014 -EFL ENGINEERING - FINAL INSPE 08 / 16 /2013 Commentsl : BBOX OPERABLE PR 015 -SUM SUMP 08 / 20 /2013 PR _ _ 001 -PH POST HOLES / PILES 20130180 1201 N BRIDGE ST 08 / 06 /2013 Commentsl : SIGN PR 007 -REL ROUGH ELECTRICAL 20130202 1221 PATRICK CT 16 08 / 23 /2013 PR 008 -RFR ROUGH FRAMING 08 / 23 /2013 PR 009-RMC ROUGH MECHANICAL 08 / 23 /2013 DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE -- - ----------- ---- --------- - --- ------ --- -- ----- -- - --- - -- ----- -- -- - -- -- ----- -- - -- -- ------ -- --------------- -- -- ------ - ---- -- - -- - ---- -- PR 010- PLR PLUMBING - ROUGH 08 /23 / 2013 PR 001-FIN FINAL INSPECTION 20130209 418 E SOMONAUK ST 31 08 / 06 / 2013 Co=entsl : SHED PR 002 - FIN FINAL INSPECTION 20130227 2005 CONEFLOWER CT 154 08 / 02 / 2013 PR 007 -REL ROUGH ELECTRICAL 20130234 1132 MIDNIGHT PL 305 08 / 21 / 2013 PR 008 -RFR ROUGH FRAMING 08 / 21 / 2013 PR 009-RMC ROUGH MECHANICAL 08 / 21 / 2013 PR 010-PLR PLUMBING - ROUGH 08 / 21 / 2013 PR 011-INS INSULATION 08 / 23 / 2013 PR 012 -SUM SUMP 08 / 20 / 2013 PR 007 -REL ROUGH ELECTRICAL 20130235 2531 EMERALD IN 124 08 / 07 / 2013 PR 008 -RFR ROUGH FRAMING 08 / 07 / 2013 PR 009-RMC ROUGH MECHANICAL 08 / 07 / 2013 PR 010 - PLR PLUMBING - ROUGH 08 / 07 / 2013 PR 011-INS INSULATION 08 / 12 /2013 PR 012 -PHD POST HOLE - DECK 08 / 15 /2013 PR 013 - PWK PRIVATE WALKS 08 / 16 / 2013 PR 014 -EPW ENGINEERING- PUBLIC WALK 08 / 16/2013 PR 015 -SUM SUMP 08 / 20 / 2013 PR 007 -INS INSULATION 20130236 2111 PRAIRIE GRASS LN 292 08 / 07 / 2013 PR 008 -REL ROUGH ELECTRICAL 08 / 05 / 2013 PR 009-RFR ROUGH FRAMING 08 / 05 /2013 PR 010-RMC ROUGH MECHANICAL 08 / 05 / 2013 PR 011- PLR PLUMBING - ROUGH 08 / 05 / 2013 PR __ 012 - PWK PRIVATE WALKS 08 / 15 /2013 DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 i INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE _ -- -- ---- - -- - -- -- - -- ---- - --- ----- -- - ----- --------- --- PR 013 -EPW ENGINEERING- PUBLIC WALK 08 / 15 /2013 PR 014 -SUM SUMP 08 / 20 /2013 PR 007 -RFR ROUGH FRAMING 20130237 1102 MIDNIGHT PL 307 08 / 09 /2013 PR 008 -REL ROUGH ELECTRICAL 08 / 09 / 2013 PR 009-RMC ROUGH MECHANICAL 08 / 09 / 2013 PR 010- PLR PLUMBING - ROUGH 08 / 09 / 2013 PR 011-INS INSULATION 08 / 13 / 2013 PR 012-SUM SUMP 08 / 20 / 2013 PR 013 - PWK PRIVATE WALKS 08 / 23 / 2013 PR 014 -EPW ENGINEERING- PUBLIC WALK 08 / 23 / 2013 PR 015 -EPW ENGINEERING- PUBLIC WALK 08 / 26/2013 PR 016- PWK PRIVATE WALKS 08 / 26/ 2013 PR 007 -RFR ROUGH FRAMING 20130238 1488 CRIMSON LN 10- 1 08 / 15 /2013 PR 008 -REL ROUGH ELECTRICAL 08 / 15 /2013 PR 009-RMC ROUGH MECHANICAL 08 / 15 /2013 PR 010 - PLR PLUMBING - ROUGH 08 / 15 / 2013 PR 011- INS INSULATION 08 / 19 / 2013 ! PR 012 -SUM SUMP 08 /20 / 2013 PR 002 - PLR PLUMBING - ROUGH 20130239 728 E VETERANS PKWY STE 1 08 / 01 / 2013 PR 003-REL ROUGH ELECTRICAL 08 / 01 / 2013 PR 004 -RFR ROUGH FRAMING 08 / 01 / 2013 PR ___ _ 005 - INS INSULATION 20130250 1203 PATRICK CT 19 08 /29 / 2013 Commentsl : BLACKBERRY WOODS PR 004 - PLU PLUMBING - UNDERSLAB 20130267 1362 SPRING ST 220 08 / 02 / 2013 PR 005 -BSM BASEMENT FLOOR 08 / 05 / 2013 DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4AOOOO . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 006-RFR ROUGH FRAMING 08 / 15 / 2013 PR 007 -REL ROUGH ELECTRICAL 08 / 15 / 2013 PR 008 -RMC ROUGH MECHANICAL 08 / 15 / 2013 PR 009- PLR PLUMBING - ROUGH 08 / 15 / 2013 PR 010- INS INSULATION 08 / 21 / 2013 PR 001-PLU PLUMBING - UNDERSLAB 20130277 1246 N BRIGS ST 08 / 13 / 2013 PWK _____ 002-EDA ENGINEERING - DRIVEWAY AP 08 /20 / 2013 Commentsl : CURBS-cancelled PR 003 -REL ROUGH ELECTRICAL 08 /21 /2013 PR 004 -RFR ROUGH FRAMING 08 /21 /2013 PR 005 -RMC ROUGH MECHANICAL 08 /21 /2013 PR 006- PLR PLUMBING - ROUGH 08 /21 /2013 PR 007 -EPW ENGINEERING- PUBLIC WALK 08 /22 /2013 PR _____ 008 -EDA ENGINEERING - DRIVEWAY AP 08 /22 /2013 Commentsl : CURBS PR __ 002 -FIN FINAL INSPECTION 20130295 4511 HARRISON ST 1126 08 / 08 /2013 _ Co_mmentsl : FENCE PR 007 -RFR ROUGH FRAMING 20130302 1142 MIDNIGHT PL 304 08 /28 /2013 PR 008 -REL ROUGH ELECTRICAL 08 /28 /2013 PR 009 -RMC ROUGH MECHANICAL 08 /28 /2013 PR 010 - PLR PLUMBING - ROUGH 08 /28 /2013 PR __ 012 -REI REINSPECTION 08 /29 /2013 _ Co_mmentsl : ROUGH PLUMBING - AUTUMN CREEK PR 007 -REL ROUGH ELECTRICAL 20130303 2181 PRAIRIE GRASS IN 294 08 /23 /2013 PR 008 -RFR ROUGH FRAMING 08 /23 /2013 PR 009-RMC ROUGH MECHANICAL 08 /23 /2013 i DATE : 09 /25 /2013 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT9AOOOO . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 20131, INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 010-PLR PLUMBING - ROUGH 08 / 23 / 2013 PR 011-INS INSULATION 08 / 27 / 2013 PR 012 -SUM SUMP 08 / 20 / 2013 PR 002-FIN FINAL INSPECTION 20130321 659 HEARTLAND DR 178 08 / 07 / 2013 Commentsl : FIREPLACE CHASE PR 006-ESW ENGINEERING - SEWER / WAT 20130323 2908 SAGE CT 33- 1 08 / 09 / 2013 Commentsl : WATER ONLY PR 007 - PLU PLUMBING - UNDERSLAB 08 / 16 / 2013 PR 008 - PPS PRE-POUR, SLAB ON GRADE 08 / 20 / 2013 PR 009-GAR GARAGE FLOOR 08 / 20/ 2013 PR 008 -ESW ENGINEERING - SEWER / WAT 20130325 2289 OLIVE LN 278 08 / 06/2013 PR 001- PHF POST HOLE - FENCE 20130327 2763 CROOKER DR 59 08 / 05 /2013 BC 002 - PPS PRE- POUR, SLAB ON GRADE 08 /21 /2013 PR 002 -RFR ROUGH FRAMING 20130335 1636 WALSH DR 23 08 / 16/2013 PR _____ 003- FIN FINAL INSPECTION 08 /30 /2013 Commentsl : DECK - GREEN BRIAR PR 002 -ESW ENGINEERING - SEWER / WAT 20130393 2281 PRAIRIE GRASS LN 297 08 / 07 /2013 PR 003- SUM SUMP 08 / 07 /2013 PR 009 -BKF BACKFILL 08 / 06 /2013 PR 005-PLU PLUMBING - UNDERSLAB 08 / 19 /2013 PR 006-BSM BASEMENT FLOOR 08 / 19 / 2013 -- I PR 007 -GAR GARAGE FLOOR 08 / 19 /2013 I PR _ 002 -ESW ENGINEERING - SEWER / WAT 20130399 1162 MIDNIGHT PL 300 08 / 19 /2013 PR 003-SUM SUMP 08 / 19 /2013 PR 009 -BKF BACKFILL 08 / 08 /2013 PR 005 - PLU PLUMBING - UNDERSLAB 08 / 19 /2013 i DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 006-BSM BASEMENT FLOOR 08 / 14 / 2013 PR 007 -GAR GARAGE FLOOR 08 / 14 / 2013 PR 002 -ESW ENGINEERING - SEWER / WAT 20130345 1101 MIDNIGHT PL 277 08 / 07 / 2013 PR 003-SUM SUMP 08 / 07 / 2013 PR 004 -BKF BACKFILL 08 / 08 / 2013 PR 005 -PLU PLUMBING - UNDERSLAB 08 / 14 / 2013 PR 006-BSM BASEMENT FLOOR 08 / 14 / 2013 PR 007 -GAR GARAGE FLOOR 08 / 14 / 2013 PR 001-FTG FOOTING 20130353 1082 GRACE DR 96 08 / 05 / 2013 PR 002 -BKF BACKFILL 08 / 13 /2013 PR 003 -PLU PLUMBING - UNDERSLAB 08 / 15 /2013 PR _ 001-PPS PRE- POUR, SLAB ON GRADE 20130359 658 ANDREA CT 10 08 / 06/ 2013 Commentsl : DRIVEWAY PR 001 - FTG FOOTING 20130360 2441 SAGE CT 24 - 01 08 / 16/2013 PR 002 -ESW ENGINEERING - SEWER / WAT 08 / 27 /2013 PR ___ 003 -SUM SUMP 08 /22 / 2013 Commentsl : CANCELLED BC 001-PHF POST HOLE - FENCE 20130361 4602 PLYMOUTH AVE 997 08 / 20 /2013 PR 002-FIN FINAL INSPECTION 08 / 27 / 2013 Commentsl : FENCE PR 001-PHD POST HOLE - DECK 20130362 1148 GRACE DR 105 08 / 20 / 2013 PR 001-PHF POST HOLE - FENCE 20130363 2311 TITUS DR 258 08 / 05 / 2013 PR _____ 002- FIN FINAL INSPECTION 08 / 12 / 2013 Commentsl : FENCE PR 002 - FIN FINAL INSPECTION 20130367 1535 CRIMSON LN 18 08 / 15 / 2013 PR 001 -FTG FOOTING 20130368 224 BURNETT ST 1230 08 / 13 / 2013 DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 /2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR _ 001- PH POST HOLES / PILES 20130370 2878 MCLELLAN BLVD 460 08 / 01 / 2013 Commentsl : PERGOLA PR 001- PHF POST HOLE - FENCE 20130373 1476 WOOD SAGE AVE 26 08 / 15 /2013 PR 001-RFR ROUGH FRAMING 20130374 1100 W VETERANS PKWY 08 / 22 / 2013 PR 002 -REL ROUGH ELECTRICAL 08 / 22 / 2013 PR 003-RMC ROUGH MECHANICAL 08 / 22 /2013 PR 004 -PLR PLUMBING - ROUGH 08 / 22 /2013 PR 002 - PWK PRIVATE WALKS 20130375 2385 IROQUOIS LN 8 08 / 05 /2013 PR 001- PHF POST HOLE - FENCE 20130377 207 W MAIN ST 5 08 / 01 /2013 PR 001-ESW ENGINEERING - SEWER / WAT 20130378 502 BIRCHWOOD DR 159 08 / 06/2013 PR 002 -FTG FOOTING 08 / 08 /2013 PR 003-BKF BACKFILL 08 / 20 /2013 PR 004 -PLU PLUMBING - UNDERSLAB 08 / 30 /2013 Commentsl : HEARTLAND CIRCLE BC 001- PPS PRE- POUR, SLAB ON GRADE 20130384 4527 GARRITANO UNIT 2 379 08 / 20 /2013 PR 001- FTG FOOTING 20130387 1162 MIDNIGHT PL 302 08 / 16/2013 PR 002 -ESW ENGINEERING - SEWER / WAT 08 / 27 /2013 PR 003-SUM SUMP 08 / 27 / 2013 PR 004 -BKF BACKFILL 08 /26/2013 PR 001- FTG FOOTING 20130388 1172 MIDNIGHT PL 301 08 / 16 / 2013 PR 002 -ESW ENGINEERING - SEWER / WAT 08 /27 / 2013 PR __ _ 003-SUM SUMP 08 / 22 /2013 Co_mmentsl : CANCELLED PR 004 -BKF BACKFILL 08 /26 / 2013 PR 001- PHF POST HOLE - FENCE 20130389 422 TWINLEAF TR 144 08 / 14 / 2013 PR 001- PHF POST HOLE - FENCE 20130391 2305 TITUS DR 259 08 / 12 / 2013 I DATE : 09 / 25 / 2013 - UNITED CITY OF YORKVILLE PAGE : 10 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 001-PHF POST HOLE - FENCE 20130392 357 PENSACOLA ST 1146 08 / 13 /2013 PR _____ 001 -FIN FINAL INSPECTION 20130393 447 NORWAY CIR 84 08 / 19 /2013 Commentsl : ROOF PR _ 001 -FIN FINAL INSPECTION 20130396 305 E SOMONAUK ST 08 / 05 /2013 Commentsl : ROOF i PR 001 - PHF POST HOLE - FENCE 20130397 2878 MCLELLAN BLVD 460 08 /21 /2013 j PR _____ 002 - FIN FINAL INSPECTION 08 /28 /2013 Commentsl : FENCE PR 001 - PHF POST HOLE - FENCE 20130398 2081 DEERPOINT LN 167 08 / 14 /2013 PR 001- PHD POST HOLE - DECK 20130399 2311 TITUS DR 258 08 / 01 / 2013 PR _ 001- FIN FINAL INSPECTION 20130401 452 E BARBERRY CIR 136 08 /22 /2013 _ Com_mentsl : ROOF PR 001-ROF ROOF UNDERLAYMENT ICE & W 20130402 601 TERI IN 08 / 01 / 2013 BC 001 - PPS PRE- POUR, SLAB ON GRADE 20130404 SEE FILE 08 /20 / 2013 PR 001 - PHF POST HOLE - FENCE 20130405 2324 TITUS DR 234 08 / 15 / 2013 PR 001 - PHF POST HOLE - FENCE 20130406 2552 LYMAN LOOP 70 08 / 12 / 2013 PR _____ 002 -FIN FINAL INSPECTION 08 / 14 / 2013 Commentsl FENCE PR 001 - PLR PLUMBING - ROUGH 20130410 803 ADRIAN ST 08 / 06/2013 PR _____ 001 -RFR ROUGH FRAMING 20130411 105 E ORANGE ST 9 08 / 09 /2013 Commentsl : RAISING GARAGE , SECURE TO CHIDING PR 001 - PPS PRE-POUR, SLAB ON GRADE 20130412 1092 CARLY DR 30 08 /27 /2013 BC PM 001- PHF POST HOLE - FENCE 20130413 498 SUNFLOWER CT 5 08 /22 /2013 PR _ _ 002 - FIN FINAL INSPECTION 08 /29 /2013 Commentsl : FENCE PR 001 - PPS PRE-POUR, SLAB ON GRADE 20130414 2075 MARKETVIEW DR 08 / 15 /2013 BC 001- PPS PRE- POUR, SLAB ON GRADE 20130415 625 WHITE OAK WAY 51 08 /22 /2013 PR 001 -ROF ROOF UNDERLAYMENT ICE & W 20130416 561 BARBERRY CIR 48 08 / 14 /2013 DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ______ _____ _ __ __ __ __ _ __ _ __ ___ __ _ __________________ __ __ ___ ___ __ ___ __ _ __ _ _ ____ _ _ BC 001 - FIN FINAL INSPECTION 20130419 2548 EMERALD LN 4 08 / 29 / 2013 Commentsl : PAVERS PR 001 - FTG FOOTING 20130422 651 KENTSHIRE DR 126 08 / 19 / 2013 PR 001 - FIN FINAL INSPECTION 20130423 312 WALTER ST 9 08 / 26 / 2013 Commentsl : SHED PR 001- FTG FOOTING 20130425 2226 LAVENDER WAY 63 08 / 28 / 2013 PR 001- FTG FOOTING 20130426 2206 LAVENDER WAY 64 08 / 28 / 2013 BC 001- PHF POST HOLE - FENCE 20130427 208 W ELIZABETH ST 08 / 23 / 2013 PR 002 -FIN FINAL INSPECTION 08 / 28 / 2013 Commentsl : FENCE PR __C___ 001-RFR ROUGH FRAMING 20130429 1362 SPRING ST 220 08 / 30 / 2013 ommentsl : BASEMENT FINISH - HEARTLAND CIRCLE PR 002-REL ROUGH ELECTRICAL 08 / 30 / 2013 PR 003-RMC ROUGH MECHANICAL 08 / 30 / 2013 PR 004 -PLR PLUMBING - ROUGH 08 / 30 /2013 PR 001- PHD POST HOLE - DECK 20130432 821 GREENFIELD TURN 52 08 / 21 / 2013 BC __ 001-PHF POST HOLE - FENCE 20130440 2402 SAGE CT 34 08 /29 /2013 _ Co_mmentsl : AUTUMN CREEK CANCELLED BC _____ 002 -PHF POST HOLE - FENCE 08 / 30 /2013 Commentsl : AUTUMN CREEK PR ____ 001-PLR PLUMBING - ROUGH 20130448 645 WHITE OAK WAY 12 08 / 29 /2013 Commentsl : BATHROOM REMODEL - WHTE OAK WAY DATE : 09 / 25 / 2013 UNITED CITY OF YORKVILLE PAGE : 12I TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08 / 01 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - --- -- -- - ------- -- -- - -- ----- -- ----- -- - ---- --____ --- -- --- -- -_ __ ___ PERMIT TYPE SUMMARY : ADD ADDITION I AGP ABOVE-GROUND POOL 1 EDO COMMERCIAL BUILD-OUT 4 HIP BUILD INCENTIVE PROGRAM SFD 83 BSM BASEMENT REMODEL 5 CON COMMERCIAL BUILDING 3 CRM COMMERCIAL REMODEL 17 DOD DECK 6 DRV DRIVEWAY 1 ESN ELECTRIC SIGN 1 FNC FENCE 22 GAR GARAGE 1 MIS MISCELLANEOUS 2 PLG PLUMBING I PRO PERGOLA 2 PTO PATIO / PAVERS 6 REM REMODEL 5 REP REPAIR I ROF ROOFING 5 SDW SIDEWALK 2 SFD SINGLE-FAMILY DETACHED 66 SHD SHED/ACCESSORY BUILDING 3 INSPECTION SUMMARY : BKF BACKFILL 7 BSM BASEMENT FLOOR 4 FDA ENGINEERING - DRIVEWAY APRON 2 EFL ENGINEERING - FINAL INSPECTION 12 EPW ENGINEERING- PUBLIC WALK 10 ESW ENGINEERING - SEWER / WATER 10 FIN FINAL INSPECTION 27 FTG FOOTING 9 GAR GARAGE FLOOR 4 INS INSULATION 11 OCC OCCUPANCY INSPECTION 1 PH POST HOLES / PILES 2 PER) POST HOLE - DECK 4 PHF POST HOLE - FENCE 16 PLF PLUMBING - FINAL 7 PLR PLUMBING - ROUGH 17 PLU PLUMBING - UNDERSLAB 8 PPS PRE- POURt SLAB ON GRADE 8 PWK PRIVATE WALKS 9 REI REINSPECTION 1 REL ROUGH ELECTRICAL 17 RFR ROUGH FRAMING 20 RMC ROUGH MECHANICAL 14 ROF ROOF UNDERLAYMENT ICE & WATER 2 DATE : 09 / 25 /2013 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 11 : 08 : 28 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 08101 / 2013 TO 08 / 31 / 2013 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE _ ___ __ __________ __ __ _____ ____ _______ __ _ SUM SUMP 16 INSPECTOR SUMMARY : BC BOB CREADEUR 10 PR PETER RATOS 216 PWK PUBLIC WORKS 12 STATUS SUMMARY : C BC 4 C PR 63 C PWK 4 I BC 6 I PR 138 T PR 15 T PWK 8 I REPORT SUMMARY : 238 �, P q ►T . Reviewed By: Agenda Item Number ill Q ❑ Z) a 6� � Finance ❑ NB #3 EST. 1836 Engineer E]-=� City Administrator ■ Tracking Number 4 j� ®1 � Human Resources ❑ ❑'A Community Development ■ EDC 2013-34 . �� . Police F-1❑ Public Works Agenda Item Summary Memo Title: Beekeeping within City Limits Meeting and Date: EDC/October 1, 2013 Synopsis: Discussion of proposed ordinance to permit beekeeping within City limits. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Discussion Council Action Requested: Direction Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See memorandum. 10 CST y s 0 It 00 Memorandum EST. isas To: Economic Development Committee y From: Krysti J. Barksdale-Noble, Community Development Director �dA �© CC: Bart Olson, City Administrator <LE Date: September 24, 2013 Subject: Beekeeping within City Limits Staff was asked to research criteria for permitting residential beekeeping within Yorkville's City limits. The practice of keeping bees for their honey is referred to as an "apiarian use". Currently, this zoning ordinance allows this use only as part of the A-1 Agricultural District. However, the domestic breeding of honey bees on residentially zoned, and even commercially zoned, properties has become a popular movement towards sustainability as bees help to increase the number and quality of flowers, fruits and vegetables through pollination. Through our research of other communities in Illinois and other states, as well as from reliable sources on the topic of beekeeping such as the Illinois Department of Agriculture and the Illinois State Beekeepers Association, we have found the following areas typically regulated by local municipalities which permit residential beekeeping. Staff recommendations are also provided should the EDC consider an ordinance allowing residential apiaries: • Zoning Requirements — Zoning for non-agriculturally zoned apiaries are handled in a variety of ways in differing communities. Some communities which allow beekeeping as an outright use in residentially and commercially zoned districts require only a permit, while other communities identify apiaries as special uses requiring notification of surrounding property owners, a public hearing and formal board/council approval. o Staff is not opposed to either zoning classification for residential apiaries/beekeeping as an outright permitted use or special use; however, we do see merit to the notification of surrounding property owners and a public hearing process, if for the public education benefit. Conversely, having residential apiaries as a permitted use would also be acceptable through the building permitting process, as they are already sufficiently regulated by the State through registration and inspections (see "Hive Registration" and "General Maintenance" below). Both the building permitting process and Special Use permit approval can provide specific regulations and conditions for authorization of a residential apiary. Below are such regulation and/or conditions which should be considered when approving such a use: ■ Setbacks and Fencing— Setbacks for beekeeping colonies vary from as little as five (5) feet from any adjacent property line to as much as twenty five (25) feet, measured from the nearest point on the hive to the property line. There are also specific requirements for the installation of a "flyway barrier" made of at least six (6) foot high solid fencing or dense vegetation and a minimum of eight (8) feet in length to ensure clearance of adjacent properties during bee arrivals and departures from the colonies. • Signag_e— The requirement of prominent signage warning of the presence of a hive and bees is also typically required by other communities which permit residential beekeeping. • Availability of Water — It is also needed as part of an apiary that a convenient source of non-stagnant water is made available at all times to the bees in the colony to reduce the congregation of bees at other sources of standing water commonly located in residential areas such as swimming pools, pet water bowls, birdbaths,retention basins, etc. • Colony Densities — The general recommendation for the number of colonies on a tract of land less than one-acre within a residential zoning district is a maximum of two (2) colonies and no more than eight(8) colonies for a tract of land greater than one (1) acre. Each colony shall be no larger than a standard 9 5/8" depth 10-frame hive consisting of bees, comb,honey,pollen and brood as illustrated below. 4t c 1 r 13 EWU X91 1'.t4P m;,cc ESa+s9-1;0"°1 lliv!µirk • Hive Registration—According to the Bees and Apiaries Act of the Illinois State Statues (5 10 ILCS 20/2) every person keeping one or more colonies of bees must register with the Illinois Department of Agriculture annually or within ten (10) days after acquiring ownership or possession of bees. The registration is free with the State and a registration number will be issued to the beekeeper for prominent display in the apiary or the hive itself. o Staff suggests requiring proof of registration with the State prior to issuance of approval from the City for any existing apiary and within sixty (60) days of obtaining a new application for beekeeping. The sixty (60) day timeframe is suggested as it takes approximately that amount of time to obtain the required State registration. • Permitting/Licensing — Unlike hive registration, the permitting or licensure is specific to the beekeeper and not necessarily the colonies. Typically, communities require the beekeeper to apply for a permit through the building or health department for a nominal fee. The application is required for new permits and annual renewals and assists in keeping track of beekeepers contact information as well as colony locations. General information required on permits/licenses includes: operators name(s) and contact information; physical address of apiary; and site map illustrating number, location, height and distance to adjacent property lines of colonies on the property. o Staff recommends a permit be required for all beekeepers with an annual renewal requirement. A fee of$50.00 is also suggested for new beekeeper applications and$25.00 for renewal. Permits would be non-transferrable and would require a new application if ownership of colonies changes or beekeeper relocates to another property within the City. • General Maintenance — The maintenance of bee colonies is an important aspect of the apiary operation, as it is critical to health of the bees and the general safety of the public. Maintenance requirements usually states the beekeeper must ensure that no bee comb or other materials that might encourage robbing (or scavenging by other animals) are left on the ground of the apiary site. All discarded material from the colonies will need to be promptly disposed of in a sealed container or within a bee-proof enclosure. • Inspections—Although the State oflllinois regularly inspect apiaries, staff recommends in on order to ensure maintenance requirements are adhered to, inspections by the building department be conducted as part of the initial permit and annually with the permit renewal. Staff also suggests the working with the Kendall County Health Department to determine if they would need to inspect the apiaries as well. • Compliance/Violations —It is staff's recommendation that if an apiary within the City is not being properly maintained, operating without proper permits/licensure or is in violation of any other area of compliance, that a written notice or citation can be issued by the Building Department's Code Enforcement Inspector and processes as any other property maintenance complaint through administrative adjudication. Attached are various sources of information gathered from other beekeeping permitted communities such as Evanston, Illinois and Milwaukee, Wisconsin. Staff is looking for general feedback from the Economic Development Committee whether an ordinance for residential beekeeping is appropriate for our City, and if so, direction regarding specific regulations as presented in this memorandum for permitting such a use. Should it be the committee be favorable to exploring permitting beekeeping within the city, staff and the City Attorney will prepare a draft ordinance for consideration at an upcoming City Council meeting. Staff will be available at Tuesday night's meeting to answer any questions the Committee may have regarding this agenda item. 510 ILCS 20/ Bees and Apiaries Act. Page 1 of 6 Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law. ANIMALS (510 ILCS 20/) Bees and Apiaries Act. (510 ILCS 20/1) (from Ch. 8, par. 123) Sec. 1. This Act shall be known and may be cited as the "Bees and Apiaries Act". (Source: P.A. 82-722. ) (510 ILCS 20/1a) (from Ch. 8, par. 123a) Sec. la. Definitions. As used in this Act, unless the context otherwise requires: "Abate" means the destruction or disinfection of bees, colonies, or items of bee equipment by burning or by treatment specified by the Department. "Apiary" means a place where one or more hives or colonies of bees are kept. "Bee diseases" means any infectious or contagious diseases of bees as specified by the Department, including but not limited to American foulbrood. "Bee equipment" means hives, supers, frames, or any other devices used in beekeeping. "Bee parasites" means any parasite of bees as specified by the Department. "Beekeeper" means a person who keeps bees. "Beekeeping" means the raising or producing of bees, beeswax, honey, and by-products and the transporting of bees, colonies or items of bee equipment. "Bees" means the common honey bee, Apis mellifera (L) in any stage of its life cycle. "Colony" means the entire honey bee family or social unit living together. "Compliance agreement" means a written agreement between a registrant or other person handling or moving bees, colonies or items of bee equipment and the Department, in which the former agrees to specified conditions or requirements so as to remain in compliance with the terms of this Act. "Department" means the Illinois Department of Agriculture. "Director" means the Director of the Illinois Department of Agriculture or his or her authorized agent. "Exotic strain of bees" means any developed strain of bees not known to be present ordinarily in the State as specified by the Department. "Hive" means a frame hive, box hive, box, barrel, log gum, skep or any other receptacle or container, natural or artificial, or any part thereof, which is used or employed as a domicile for bees. "Inspection certificate" means an official record stating that the bees, colonies, or items of bee equipment have been http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1707&ChapterID=41&Print=True 9/9/2013 510 ILCS 20/ Bees and Apiaries Act. Page 2 of 6 inspected by an inspector of apiaries or other officer charged with similar duties from this State or other states for bee diseases, bee parasites or other nuisances and found to be in compliance with this Act or Illinois entry requirements. "Nuisance" means bees, colonies, or items of bee equipment where bee diseases, bee parasites or exotic strains of bees exist; or hives that cannot be readily inspected; or colonies that are not registered. "Packages" means bees with or without food supply in special containers for their transportation. "Permit" means a statement of authorization to allow bees, colonies, or items of bee equipment to enter the State or to move within the State whether or not an inspection certificate is available. "Person" means any individual, firm, partnership, association, corporation, or other organized group of persons whether incorporated or not. "Registrant" means the person applying for registration of the apiary or apiaries and the colonies of bees. "Registration" means the recording of the registrant's name, address, apiary location and any other pertinent information on a printed form prescribed by the Department. (Source: P.A. 88-138. ) (510 ILCS 20/2) (from Ch. 8, par. 124) Sec. 2. (a) Every person keeping one or more colonies of bees shall register with the Department annually. (b) Every person keeping one or more colonies of bees may be required to post his or her registration number in a prominent place within each apiary under his or her control. (Source: P.A. 88-138. ) (510 ILCS 20/2-1) Sec. 2-1. Nuisances. All bees, colonies, or items of bee equipment, where bee diseases, bee parasites or exotic strains of bees exist; or hives that cannot be readily inspected; or colonies that are not registered, are declared to be nuisances to be regulated as prescribed by the Department. If the Department finds by inspection that any person is maintaining a nuisance as described in this Section, it shall proceed to regulate the nuisance by methods or procedures deemed necessary for control in accordance with rules and regulations of the Department. If the owner or beekeeper cannot be found or will not consent to the terms for regulation of the nuisance, the Department shall notify in writing the owner or beekeeper, disclose the fact that nuisance exits and prescribe the method by which the nuisance may be abated. The notice declaring that a nuisance exists and ordering its abatement shall include: (1) a statement of conditions constituting the nuisance; (2) establishment of the time period within which the nuisance is to be abated; (3) directions, written or printed, pointing out the methods that shall be employed to abate the nuisance; (4) a statement of the consequences should the owner or beekeeper fail to comply. The notice may be served personally or by certified mail with a return receipt requested. The directions for abatement of a nuisance may consist of a printed circular, bulletin or h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1707&ChapterID=41&Print=True 9/9/2013 510 ILCS 20/ Bees and Apiaries Act. Page 3 of 6 report of the Department, the United States Department of Agriculture or others, or an extract from such document. If the person so notified refuses or fails to abate the nuisance in the manner and in the time prescribed in the notice, the Department may cause the nuisance to be abated. The Department shall certify, to the owner or beekeeper, the cost of the abatement. The owner or beekeeper shall pay to the Department any costs of that action, within 60 days after certification that the nuisance has been abated. If the costs of abatement are not remitted, the Department may recover the costs before any court in the State having competent jurisdiction. (Source: P.A. 88-138. ) (510 ILCS 20/2-2) Sec. 2-2. Indemnity. If State funds are available for paying indemnity, the Department shall pay to the registrant of the bees an indemnity of $25 for each colony destroyed by the Department. (Source: P.A. 88-138. ) (510 ILCS 20/2-3) Sec. 2-3. (Repealed) . (Source: P.A. 88-138. Repealed by P.A. 89-154, eff. 1-1-96. ) (510 ILCS 20/2-4) Sec. 2-4. Right of entry. The Department shall have the power to inspect or cause to be inspected from time to time any bees, colonies, items of bee equipment or apiary. For the purpose of inspection, the Director is authorized during reasonable business hours to enter into or upon any property used for the purpose of beekeeping. (Source: P.A. 88-138. ) (510 ILCS 20/2a) (from Ch. 8, par. 124a) Sec. 2a. Intrastate transportation. (a) No person shall transport a colony of bees or items of used bee equipment between counties within this State without a permit or compliance agreement which shall be issued based upon an inspection certificate from the Department. (b) A colony of bees or items of used bee equipment transported in violation of this Section may be held and inspected by the Department, ordered returned to the place of origin, or abated. (Source: P.A. 88-138. ) (510 ILCS 20/2b) (from Ch. 8, par. 124b) Sec. 2b. Import. (a) No person shall transport a colony of bees or items of used bee equipment into this State from another State or country having an inspector of apiaries or other officer charged with similar duties, without a permit or compliance agreement which shall be issued based upon an inspection certificate. Such colony or items of used bee equipment may be subject to inspection by the Director upon entry into the State. (b) No person shall transport a colony of bees or items of used bee equipment into this State from another State or country not having an inspector of apiaries or other officer charged with similar duties, unless the shipper or consignee h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1707&ChapterID=41&Print=True 9/9/2013 510 ILCS 20/ Bees and Apiaries Act. Page 4 of 6 has obtained from the Department a permit or compliance agreement for the shipment into the State. Such colonies or items of used bee equipment may be inspected by the Director after arrival in the State. A colony of bees or items of used bee equipment found to be infected with bee diseases or infested with bee parasites, or exotic strains of bees shall be ordered returned to the place of origin or abated. (c) A colony or item of used bee equipment transported in violation of this Section may be held and inspected by the Department, ordered returned to the place of origin, or abated. (Source: P.A. 88-138. ) (510 ILCS 20/2b-1) Sec. 2b-1. Transportation of packaged bees. (a) No person shall transport packaged bees for sale between counties within this State without an inspection certificate. (b) No person shall transport packaged bees for sale into this State from another State or country without an inspection certificate. (Source: P.A. 88-138. ) (510 ILCS 20/2b-2) Sec. 2b-2. Inspection of bee colonies for sale or trade. The Department may require colonies of bees or items of used bee equipment being given, sold, leased, traded, or offered for sale in Illinois to be inspected. (Source: P.A. 88-138. ) (510 ILCS 20/2c) (from Ch. 8, par. 124c) Sec. 2c. Upon a finding that there exist in this State, or in any other state, territory, district, province or country bee diseases, bee parasites, or exotic strains of bees, the Director may impose and enforce a quarantine restricting the transportation of bees, colonies, or items of used bee equipment capable of carrying bee diseases, bee parasites or exotic strains of bees into, within or throughout the State. In carrying out the provisions of this Section or any quarantine, the Director may, at the expense of the owner, when an infestation, infection or nuisance is located, seize or abate bees, colonies, or items of used bee equipment. When the Director finds that there exist in any other state, territory, district, province or country bee diseases, bee parasites or exotic strains of bees, with respect to which the United States Secretary of Agriculture has not established a quarantine, and that the bee diseases, bee parasites or exotic strains of bees coming therefrom into this State are likely to convey such diseases, infestations or nuisances, the Director shall report such fact to the Governor. The Governor may thereupon, by proclamation, prohibit the transportation into this State of such bees, colonies, or items of used bee equipment except under such regulations as may be prescribed by the Department. (Source: P.A. 91-357, eff. 7-29-99. ) (510 ILCS 20/3) (from Ch. 8, par. 125) Sec. 3. The Department shall, each July, make a report to the Governor and also to the Illinois State Beekeepers' Association, stating the number of apiaries visited, the http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1707&ChapterID=41&Print=True 9/9/2013 510 ILCS 20/ Bees and Apiaries Act. Page 5 of 6 number of those diseased and treated, and the number of colonies of bees abated. (Source: P.A. 88-138. ) (510 ILCS 20/3a) (from Ch. 8, par. 125a) Sec. 3a. The Director may cooperate with any other agency of this State or its subdivisions or with any agency of any other state or of the federal government for the purposes of carrying out the provisions of this Act and of securing uniformity of regulations. (Source: P.A. 82-722. ) (510 ILCS 20/4) (from Ch. 8, par. 126) Sec. 4 . (Repealed) . (Source: Repealed by P.A. 88-138. ) (510 ILCS 20/4a) Sec. 4a. (Repealed) . (Source: P.A. 88-138. Repealed by P.A. 89-154, eff. 1-1-96. ) (510 ILLS 20/5) (from Ch. 8, par. 126.1) Sec. 5. The Director is authorized to promulgate rules and regulations for the enforcement and administration of this Act. (Source: P.A. 82-722. ) (510 ILCS 20/6) Sec. 6. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act and the Department of Agriculture administrative hearing rules shall apply to this Act. (Source: P.A. 89-154, eff. 1-1-96. ) (510 ILCS 20/7) Sec. 7. Administrative hearings and penalties. When an administrative hearing is held, the hearing officer, upon determination of a violation of this Act or rules or regulations promulgated under it, may levy the following administrative monetary penalties: (1) $50 for failure to register annually with the Department. (2) $50 for failure to post registration number in the apiary. (3) $50 for transporting bees intrastate without a permit. (4) $100 for maintaining hives that cannot be readily inspected. (5) $100 for transporting bees interstate without a permit. (6) $500 for failure to abate colonies infected with bee diseases or exotic strains of bees. (7) $500 for violation of a quarantine. (8) $100 for any other violation of this Act. In the case of a second or subsequent violation within 3 years of the first offense, the penalty shall be doubled. (Source: P.A. 89-154, eff. 1-1-96. ) (510 ILCS 20/8) Sec. 8. Investigation of applicants and registrants; h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1707&ChapterID=41&Print=True 9/9/2013 510 ILCS 20/ Bees and Apiaries Act. Page 6 of 6 notification of hearing; subpoenas. (a) The Department may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts, investigate the actions of any applicant, registrant or any person who may be in violation of this Act. At least 10 days prior to the date set for hearing the Department shall notify in writing the person, hereinafter called the respondent, that on the date designated a hearing will be held to determine whether the respondent is in violation of the Act, and shall afford the respondent an opportunity to be heard in person or by counsel. Written notice shall be served personally on the respondent, or by certified mail, return receipt requested, sent to the respondent's business address as shown in his or her latest notification to the Department. (b) The Department, over the signature of the Director, may subpoena any persons in this State and take testimony orally, by deposition, or by exhibit, in the same manner and with the same fees and mileage as prescribed in judicial proceedings in civil cases. (Source: P.A. 89-154, eff. 1-1-96. ) (510 ILCS 20/9) Sec. 9. Administrative review. All final administrative decisions of the Department are subject to judicial review under Article III of the Code of Civil Procedure. The term "administrative decision" has the meaning ascribed to that term in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of any county permitted by Section 3-104 of the Code of Civil Procedure. (Source: P.A. 89-154, eff. 1-1-96. ) h"://v ww.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1707&ChapterID=41&Print=True 9/9/2013 THE ILLINOIS BEES AND APIARIES PROGRAM Page I of 2 Robert F. Flider Pat Quinn ' Director Governor THE ILLINOIS BEES AND APIARIES PROGRAM IL Bees&Apiaries Act IL Bees&Apiaries Rules IDA Apiary Inspectors, F; Map of Inspector's Reqions, Beekeeper Reqistration Form, Photos, Homepaqe i 1 APIARY INSPECTIONS The Department is currently without a full Apiary Inspection Programs and Services Team. If you need an inspection and there is no Apiary Inspector Environmental Issues available in your area, please contact Steve Chard at 217/782- 6297 for assistance. APIARY NEWS IN ILLINOIS COLONY COLLAPSE DISORDER Korse Racing 7 , REDUCING POTENTIAL BEE EXPOSURE TO PESTICIDES The Illinois Department of Agriculture, in cooperation with the y Grants Illinois State Beekeepers Association, has undertaken this project to assist in the possible reduction of honeybee exposure toq. Fairs various pesticides (herbicides, insecticides, fungicides, etc.). Links There have been some instances where honeybees have been exposed to these materials, at times with catastrophic impacts. In Site Map an effort to limit these exposures, the IDA is hoping to increase communication between the pesticide user community and the state's beekeepers. Pesticide applicators can now gain contact and Iocational information related to Illinois' beekeepers as well various pesticide-sensitive crops.An Illinois-specific internet site has been constructed and a link"button" (http://illinois.agriculture.purdue.edu/index.html) has been added on the right margin of the Department of Agriculture's home page which is accessible at http://www.agr.state.i1.us/. The new Illinois DriftWatchTM internet site includes two main portals, one for pesticide-sensitive crop producers (including beekeepers)and another for pesticide applicators. The producer portal allows producers to register the types and locations of their pesticide-sensitive crops so that they can be viewed by potential pesticide applicators. The pesticide applicator portal allows applicators to register their service area which, in turn, will allow them to receive automatic notifications when pesticide- sensitive crop locations are added to the areas in which they work. The Department has already added the locations of many apiaries registered with the Department to the database and is promoting the use of the internet site to pesticide applicators at our Pesticide Safety Education Program clinics being held throughout the state from December through May. We are also working with our marketing bureau to help promote the use of the program by pesticide-sensitive crop producers. DESCRIPTION OF ILLINOIS BEES AND APIARIES POGRAM The Illinois Bees and Apiaries Program is designed to assist beekeepers throughout Illinois with the management and protection of honeybee colonies. The domestic honeybee plays a vital role in today's society. Due to the extensive problems caused by various diseases and pests of the honeybee, many feral or wild honeybees have been eliminated, which has had a significant negative impact on the pollination of flowering plants. Honeybees pollinate many of the plants which produce the food consumed by humankind. Examples of plants pollinated by honeybees include almonds, apples, blueberries, cucumbers, melons, and pumpkins. A lack of feral honeybees over the last several years has greatly increased the need for domestic honeybees to be used for the pollination of plants. Under the Illinois Bees and Apiaries Act, the Illinois Department of Agriculture (IDA) inspects http://www.agr.state.il.us/programs/bees/ 9/9/2013 THE ILLINOIS BEES AND APIARIES PROGRAM Page 2 of 2 honeybee colonies as a service to the beekeeping industry. The purpose of the inspections is to determine the general health of honeybee colonies. During the course of an inspection, IDA Apiary Inspectors closely examine beehives to detect diseases and pests and to provide advice on needed treatments. Inspections are provided free of charge to beekeepers around the state. The Act also requires beekeepers to register their colonies with the IDA. Registration is as simple as completing a brief one-page form and mailing it to the IDA. A registration certificate is provided to beekeepers who register with the IDA. There is also no charge for registering honeybee colonies with the IDA. A new invasive species, the small hive beetle (SHB), entered Illinois in 2001 and has the potential to adversely impact the honeybee industry. The SHB originated in Africa and the first beehive infestation in the United States was discovered in Florida in 1998. It has since expanded its territory into many states, including Illinois. Damage from the SHB occurs in the honeybee hive and in the surplus honey that beekeepers harvest. Currently, the SHB is present at isolated locations in Bureau, Cook, Effingham, Grundy, Henry, Jackson, Kankakee, Lake, Livingston, Logan, McHenry, McLean, Sangamon, St. Clair, Vermilion, Will, Whiteside, Counties. Beekeepers are urged to monitor their hives closely for the SHB and to contact the IDA if they suspect the SHB in their colonies. For information regarding the Bees and Apiaries Program, feel free to contact the Illinois Department of Agriculture at 217/782-6297. Questions or comments. Copyright©2001 State of Illinois Department of Agriculture P.O.Box 19281,State Fairgrounds Springfield,IL 62794-9281 (217)782-2172 (217)524-6858 TTY This page was updated on 09-Sep-13 http://www.agr.state.il.us/programs/bees/ 9/9/2013 Setting Up Your Apiary w anyplace where one or more colonies of bees are kept a by Carl Wenning Heart of Illinois Beekeepers' Association Copyright 1999,2012 Carl J.Wenning What to Look For There are several things to look for as you attempt to locate the ideal apiary site: sources of nectar, pollen. and water. Even in town nectar and pollen are relatively abundant. Many flowers, fruits, vegetables, trees,bushes, and weeds provide abundant sources of pollen and nectar, and bees will forage from areas in excess of 10 square miles around the hive to obtain them. If no natural source of water is available, set out water for your bees so they don't pester your neighbors' watering tanks, swimming pools, bird baths, or leaky faucets. A pan of water filled with gravel to keep the bees from drowning works well. Additionally,your chosen location should have a wind break to protect the bees from the cold prevailing winds of winter. Wind breaks also can shelter your apiary from view. You don't want broadcast the location of your hives to the general public. Even though many people are afraid to approach bee hives, many others are not. Unfortunately, theft of a whole group of hives and massive vandalism are not unheard of among beekeepers. Situate your hives in hidden-away locations. No need to advertise for trouble. A good mixture of sunlight and shade to protect the colonies from the intense heat of the late afternoon summer sun is also helpful. Colonies that receive either too much or too little sunlight under produce those with a nice mixture. When setting out your hives, avoid low spots where moisture and cold can accumulate. What to Look Out For You may generally choose to set up your hives either in the town or country. Most cities and towns permit beekeeping, but check on your local ordinances to be certain. If beekeeping is permitted in town, be careful to avoid having your bees declared a public nuisance. If this should occur,you will be forced to move your apiary. Before you go to the trouble of setting up your apiary, talk with the neighbors if they are reasonably near. Getting answers to questions before you set up your hives can save a lot of headaches. Do the neighbors have young children who might inadvertently approach the hive? Are any of your neighbors allergic to insect stings?Are your bees likely to be attracted to your neighbors' properties for any reason in particular? Are there any penned or chained animals nearby? If answers to these questions don't make beekeeping in town look enticing, then consider places in the countryside -- in wastelands, pastures, truck farms, and orchards. Many people would love to have bees available to pollinate their crops, and a well-placed phone call could win you a ideal site to place your apiary. Watch Out! Diseases and pests,unfortunately, are not the only things that a beekeeper needs to worry about. Add to the list insecticides. Insecticides, if improperly applied(broadcast while bees are foraging, or allowed to run off into the bees' water supply, for instance) can lead to the death of forgers or an entire colony. Some insecticides leave residues that can be active for days after application and can either contact the bees directly or via mixing with nectar. Other insecticides are mistaken by bees for pollen, are gathered up, and delivered to the hive where they are fed to the brood. The end result is an insecticide kill. If you will place your apiary in an area where widespread use of insecticides can be expected(fields, gardens, and orchards), check with those likely to apply them. High toxicity insecticides should not be sprayed on bee-pollinated plants during bloom. If this is to occur, be prepared to protect your bees by screening their entrance on the day of insecticide application. Provide additional protection from the sun so that the bees don't overheat and die from prostration. Beekeepers have certain rights under the law that will help protect both bees and beekeepers. Nonetheless, it is much wiser to be proactive than reactive when it comes to insecticides. Setting Up and Arranging Your Apiary: Elevate your hives by placing them atop bricks or wooden beams treated with preservatives to avoid termites and prevent rotting. When setting out your hives, tilt them so that rain won't come in through the entrance. Provide a ventilation hole near the ton so that moisture doesn't accumulate within the hive. Damp hives leave colonies disease prone. Orient the hives so that their entrances face southeast or south, or any direction in between. Avoid placing a number of hives in a row as returning bees often become confused and drift back to the wrong hive. Drifting can be responsible for spreading diseases in an apiary, and will build up colony populations in the end hives at the expense of those more centrally located. Stagger the arrangement of your hives, or place them in a semicircle. Alternatively, place the hives among objects such as trees and bushes that can serve as landmarks. Some beekeepers who are forced to arrange their hives in rows Paint the hives using` varying light shades, or mark the entrances with different Patterns, to help the bees distinguish one hive from another. Cut g`around entrances. Registration Requirements: In compliance with the Rules and Regulations of the State of Illinois, all apiaries in the state must be re isg tered during November each year or within ten (10) days after acquiring ownership or possession of bees. Complete an Application for Apiary Registration form obtained from the Illinois Department of Agriculture, Division of Animal Industries, Apiary Inspection Section, P. O. Box 19281 - Fairgrounds, Springfield, IL 62794-9281. Registration is free of charge. If you have never filed a registration form before, a beekeepers' registration number will be provided to you. This registration number must be Prominently displayed in the apiary, and many beekeepers place this number on each hive as a sign of ownership. Inspections: The State of Illinois maintains a number of bee inspectors who regularly inspect a i� aries in search of diseases. By law they are permitted to inspect any hives and colonies they find. Even though your apiary will be inspected from time to time, you should constantly keep an eye open for diseases and pests yourself. If and when serious diseases are found-- especially American foulbrood and European foulbrood--you should respond quickly and appropriately. Remember, by protecting your own colonies, you also protect those of your fellow beekeepers. Evanston, Illinois Beekeeping Ordinance—Beesource Beekeeping Page 1 of 5 BEE SUE SerVutg Elnt l�tk[r_�'`"��.G79RdFiiirli�l�sine '9�'�r� • Home • Beekeeping Forums • Beekeeping News • Contact Us Beesource Beekeeping Community Like 9,043 people like Beesource Beekeeping Community. ,Kom ONE • How to Start Beekeeper • Bees & Supplies • Point of View • Build It Yourself • Resources • Online Community • Elements of Beekeeper • Beekeeping Glossary • Honey Soda Made the Easy Way • Laws Related to Bees and Beekeeping • Laws Relative to Bees and Beekeeping • Court Cases and Legal Precedents Related to Bees • The Federal Insecticide, Fungicide, and Rodenticide Act as Amended FIFRA • Illinois Bees and Apiaries Act with Rules • Aurora, Colorado Beekeeping Ordinance • Salt Lake City, Utah Beekeeping Ordinance • Ypsilanti, Michigan Beekeeping Ordinance • Evanston, Illinois Beekeeping Ordinance • ZipLock Baggie Feeder • All About Beeswax • Alternative Hive Designs • Feral Bee Hives • Success with Heated Hives over Winter http://www.bee source.com/resources/elements-of-beekeeping/laws-related-to-bees-and-bee... 9/9/2013 Evanston, Illinois Beekeeping Ordinance—Beesource Beekeeping Page 2 of 5 • Beekeeping Articles Worth Reading • Raising Queen Cells Without Grafting - Cut Cell Method • Milling Wax Foundation • Frame Wiring and Embedding • USDA • Boy Scouts of America - Beekeeping Merit Badge Resources Search Beesource.com Search Maka A Donation MDO-IT-HERSELF LOOKS Fr�'Shipping on$50&Free Returns i SHOP hl€]Vk' Beesource Beekeeping>Resources >Elements of Beekeeping>Laws Related to Bees and Beekeeper>Evanston, Illinois Beekeeping Ordinance Evanston, Illinois Beekeeping Ordinance AN ORDINANCE Amending Title 9, Chapter 4, of the City Code of the City of Evanston Establishing Regulations for the Keeping of Bees WHEREAS,the City Council of the City of Evanston has found that honeybees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed; and WHEREAS, honeybees are of benefit to mankind by providing agricultural, fruit, and garden pollination services, and by furnishing honey, wax and other useful products; and WHEREAS,passage of this ordinance is in the interests of the health, safety and welfare of the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 9, Chapter 4, Section 19 as amended,be, and is hereby further amended, by renumbering and amending Section 9-4-19 to become Section 9-4-20, and enacting a new Section 9-4 -19, as follows: 9-4-19: BEEKEEPING: http://www.beesource.com/resources/elements-of-beekeeping/laws-related-to-bees-and-bee... 9/9/2013 Evanston, Illinois Beekeeping Ordinance—Beesource Beekeeping Page 3 of 5 (A)As used in this Section, the following words, terms and phrases shall have the meanings ascribed to them in this section: 1. "Apiary" shall mean a place where bee colonies are kept. 2. "Bee" shall mean any stage of the common domestic honey bee,Apis Mellifera Species. 3. "Colony" shall mean a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. 4. "Hive" shall mean a structure intended for the housing of a bee colony. (B) Hives. All bee colonies shall be kept in inspectable-type hives with removable combs, which shall be kept in sound and usable condition. (C)Annual Licensing. Beekeepers shall apply for a City Beekeeping License upon bringing any colony into the city. For bee colonies existing within the city prior to the effective date of this section, beekeepers shall have two (2)weeks from the date this section goes into effect to apply for a City Beekeeping License. Applications shall be submitted to the City of Evanston Public Health Director. At the time of application for a City Beekeeping License, the applicant shall: 1. Submit proof of registration of the colonies with the State of Illinois Department of Agriculture; and 2. Be in compliance with the other requirements of this section; and 3. Pay a twenty-five dollar($25.00)non-refundable application fee. The City Beekeeping License shall be renewed each year by submitting a renewal application to the City of Evanston Public Health Director no more than two (2) weeks prior to the one (1)year anniversary date of the then current City Beekeeping License. At the time of applying for a renewal City Beekeeping License, the applicant shall submit the same documents, comply with the same requirements, and pay the same fee set forth in this subsection(C) and required for the initial City Beekeeping License application. (D) Fencing, Gates, and Signage. All hives shall be enclosed by fencing with a secure gate and prominent signage warning of the presence of a hive. (E)Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet water bowls, birdbaths or other water sources where they may cause human, bird, or domestic pet contact. The water shall be maintained so as not to become stagnant. (F) Maintenance. Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure. http://www.beesource.com/resources/elements-of-beekeeping/laws-related-to-bees-and-bee... 9/9/2013 Evanston, Illinois Beekeeping Ordinance—Beesource Beekeeping Page 4 of 5 (G) Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to re-queen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics. (H) Colony Densities. 1. There shall be no more than eight(8) apiary sites in each ward in Evanston. 2. For each two (2) colonies, there may be maintained one (1)nucleus colony in a hive structure not exceeding one (1) standard nine and five-eighths-inch(9-5/8") depth ten(10) -frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days after the date it is acquired. (I) Prohibited. The keeping by any person of bee colonies in the city not in compliance with this section is prohibited. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful. 9-4-20: VIOLATION; FINE: (A) Any person violating the provisions of this chapter, except for 9-4-19 Beekeeping, shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed upon each and every day such violation continues. (B) For violations of 9-4-19 Beekeeping, any person not in strict compliance with this section shall be fined not less than five-hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed upon each and every day such violation continues. Additionally, any City Beekeeping License shall be mandatorily revoked and no new City Beekeeping License shall be issued to that person, or to any person living on the property where the apiary from which the violation(s) arose was located, for a minimum of one (1)year. (C) In the event a person is found guilty of a violation of Section 9-4-14 of this Chapter, his permit to own, keep or harbor or have custody of animals shall be mandatorily revoked, and no new permit shall be issued to that person for a minimum of one (1) year. ViewCllok the dambad huNan X ia 2)This vA ix ra you b mur web papa PDF 3,t EEp-dud Download http://www.beesource.com/resources/elements-of-beekeeping/laws-related-to-bees-and-bee... 9/9/2013 Evanston, Illinois Beekeeping Ordinance—Beesource Beekeeping Page 5 of 5 http://www.beesource.com/resources/elements-of-beekeeping/laws-related-to-bees-and-bee... 9/9/2013 BEEKEEPER LICENSE APPLICATION INITIAL OR RENEWAL f Evanston Health Department z 2100 Ridge Avenue Evanston, IL 60201 City of PHONE 847.866.2947 Evanston" FAX 847.448.8134 First-Time Application Is this a first-time or renewal application? HRenewal Application Beekeeper's Name Beekeeper's Address Address of the Apiary Beekeeper's Contact Phone Numbers: Home Work Cell Number of colonies/hives at the apiary address Ward number where apiary is located IL Dept of Agriculture Apiary Registration Number* ------ Please enclose the $25 application fee with this completed application and return it to the Evanston Health Department, Room G100, 2100 Ridge Avenue, Evanston, IL 60201. A Health inspector will call you to schedule an inspection. Signature of Beekeeper Date Evanston City Code Title 9 Chapter 4 Section 19 Beekeeping IL Dept of Agriculture Bees&Apiaries Program http://www.agr.state.il.us/programs/beeslindex.html Print Story Page 1 of 2 couriernews He's abuzz: Uville lifts beekeeping ban By Erin Sauder For The Courier-News Last Modified: Jul 5, 2013 06:0 1AM CARPENTERSVILLE Local resident Art Hickman was a teenager when he first got into beekeeping. At the time, he was living in Southern California. "I kept bees for years,"he said. "I was also the go-to person for about nine of the different police departments. Whenever there was a bee swarm, they called me. I would go out and, if there were a bunch of them in the trees, I came and got them." Recently, Hickman, 63, decided he'd like to pursue the hobby again. But when he asked Carpentersville officials about keeping honeybees,he learned it was prohibited in the village. "I never really pushed them. I just said, `I want to do this.' When they wrote me back and said it's prohibited, I said, 'OK,"'Hickman said. He was surprised to learn that officials decided to then bring his request to a village board meeting for discussion. And two weeks ago, the ban was lifted. Now residents can raise honeybees in their backyards as a hobby. Jim Hock, community development director for the village, said officials surveyed several other communities and found quite a few allow beekeeping. "We bounced the concept off of board members, and they said they'd be receptive to it,"Hock said. There are some guidelines, however. No more than one colony is allowed per property, and a 6-foot barrier must be in place if the colony is less than 25 feet from the nearest property line. Water must be provided on-site to prevent bees from looking for water in other area yards. `Poisonous animal' Initially, officials outlawed beekeeping because the village ordinance said it is unlawful to keep or harbor any poisonous animal, insect or spider. But the village board also noted honeybees can be maintained without causing a nuisance if they are properly located and managed. Hickman said many people aren't aware of just how important honeybees are to the environment. "Quite a few crops wouldn't grow without them, including some of the nut trees and a lot of the fruit http://couriemews.suntimes.com/news/20321680-418/hes-abuzz-that-carpentersville-lifted-... 9/9/2013 Print Story Page 2 of 2 trees," he said. "Without bees pollinating them, we wouldn't get anywhere near the amount of fruit or nuts." In his own backyard, he has both a cherry and apple tree. "There are no bees in my neighborhood, so (the trees) don't produce as well as they should,"he said. "I'm hoping the bees help with that." He plans to start his hobby up again in 2014. "It's too late at this point I've missed all the spring blossoms," he said. "I thought I'd wait until next year. If I'm lucky, I might get a couple of quarts of honey out of it every year,which is just enough to keep my family in honey. It's going to be fun." Hickman lauds village officials for pursuing his request. "I was really impressed with Carpentersville and the fact that they were willing to consider something like that,"he said. "A lot of times, cities just blow everything off. If the wheel's not squeaking, there's no reason to deal with it. I give those guys a lot of credit for being willing to consider it." Copyright C 2013 —Sun-Times Media, LLC http://couriernews.suntimes.com/news/20321680-418/hes-abuzz-that-carpentersville-lifted-... 9/9/2013 City of Springfield to spell out beekeeping requirements - Springfield, IL - The State Jour... Page 1 of 3 MW SJmRsCOM ng Illimis City of Springfield to spell out beekeeping requirements By CHRIS YOUNG(chris.young(a)sj-r.com) The State Journal-Register Posted Jun 10,2012 @ 10:45 PM The Springfield City Council will consider an ordinance this week to legalize hobby be Business News The draft ordinance sets up a framework of requirements that limit the number of hiv The Deal:No CFIUS Strings can maintain at once and requires them to be placed a sufficient distance from neighb Attached to Smithfield Deal sidewalks. Stocks Surge on Signs of Asian Sangamon County Board member Tim Moore,also a beekeeper,worked with the city Growth ordinance. The Deal:Exchanges Seek "The business of beekeeping—or apiculture—is a form of agriculture just like raising Partners for New Trading horses,"Moore said."It's not real clear whether or not hobby beekeeping is legal(in S not." Suggested Stories Hobby beekeepers raise bees that produce honey for the beekeepers,their families any profit. Ex-SIU doctor stripped of license after felony... "So with this ordinance,(hobby beekeepers)don't have to worry about being fined or One killed,one injured in crash Rich Ramsey of Rochester,vice-president of the Illinois State Beekeeping Associ near... allowing hobbyists to maintain a few hives helps promote good relations between bee] community. Retail mix secures White Oaks Mall's position as... After all,it's a local beekeeper who gets the call when a swarm of bees takes up tempo] public place and needs to be removed. From the Web Beekeepers can put their names on a list to be called if the Sangamon County sheriff's 19-year-old kills himself after the presence of a swarm. police post joke...Daily Dot For their trouble,beekeepers get free bees and queens for their hives,and the public g Man Kills Himself in Hospital Room After wife...First to Moore maintains hives on his farm near Loami and one hive in his backyard in Spring Know "It's tucked back in a corner of my yard,and my neighbors don't generally see it or go Soccer Player Gets Death Threats said. After Injuring...Sports Illustrated Most beehives are like Moore's—out of sight and out of mind-but an ordinance spell everyone's protection. Sponsored content What's this? For example,the ordinance requires hives to be at least five feet from the property line sidewalk,unless a proper fence keeps the hive separate. Only a fool would put his bees near a sidewalk,"Ramsey said. Moore said to be in compliance,he would move his bees a few feet in from the property line and plant a hedge along separating his yard from the alley. http://www.sj-r.com/top-stories/x465792206/City-to-spell-out-beekeeping-requirements 9/9/2013 City of Springfield to spell out beekeeping requirements - Springfield, IL - The State Jour... Page 2 of 3 Before he opens up his hives,Moore smokes the hives to calm the bees. He shows where honey is produced and where his"bee babies"mature in brood chambers. He wears a net over his head,face and arms,but says he isn't worried about being stung. "They're just doing their thing,"Moore said."They aren't paying a whole lot of attention to us,even when we are hol to look at them." Moore estimates there are about dozen beekeepers in Springfield. New people have inquired about becoming involved,but are unsure about the legality. "The(present)ordinance was pretty vague,and it was keeping people from keeping bees,"he said. The ordinance will go before the full city council June i9,Moore said. Bee swarms Getting along with honeybees is fairly simple. "If you leave them alone,they will leave you alone,"said Rich Ramsey,vice-president of the Illinois State Beekeeper Even large swarms of bees that temporarily possess tree cavities,sign posts,door jams,or other public places are nc treated with respect. "Right now the city is full of bees,"Ramsey said."There are hollow trees all over town." Bee swarms normally are not aggressive,he said. "We probably got 20 calls for swarms this spring,and there were no stinging incidents to my knowledge,"Ramsey& going to attack a person like you see in the movies." Bees swarm when the older queen leaves the hive to a new queen. The older queen usually takes about half of the colony with her to start over in a new location. "People who have a bee swarm call 911,but that's not really a 911 emergency,"Ramsey said."Call the non-emergenc Sheriffs Dept.at 753-6666,and they will get a hold of a beekeeper." Draft ordinance on hobby beekeeping *Requires hives to be registered with the Illinois Department of Agriculture. *Colonies must be maintained in movable-frame hives. *Proper bee handling techniques must be used to avoid possibility of"unprovoked stinging"io or more feet away. *No more than four hives on lots of less than io,000 square feet. *Hives must not be located within five feet of a property line,street,sidewalk or alley unless protected by a solid or link fence or hedge four feet in height.The fence must extend at least four feet beyond the hive in both directions or enclose the hives. *Colonies of honeybees—or any other stinging insects—not maintained in compliance with the ordinance may be d nuisance.Wild occurring bees,such as those residing in hollow trees whose honey is not harvested are not consider violation. Chris Young can be reached at 788-1528. Comment or view comments» http://www.sj-r.com/top-stories/x465792206/City-to-spell-out-beekeeping-requirements 9/9/2013 City of Springfield to spell out beekeeping requirements - Springfield, IL - The State Jour... Page 3 of 3 Sp( Bad Credit Credit Cards Finaerhut Credit Program New Car Pricing Secured credit cards for bad credit. Find Need Credit? Better than a card, Find out our Lowest Possible the best card www.Fingerhut.com New Vehicle CreditCards.com www.CarPriceSecrets.com Comments(o) L M LOW AT Woo Contact us I Privacy Policy I Terms of Service The State Journal-Register I Springfield, IL 62701 Copyright©2006-2013 GateHouse Media, Inc. Some Rights Reserved. Original content available for non-commercial use under a Creative Commons license, except where noted. RadarFrog Merchant Directory I Internet Marketing by Propel Marketing I More Content Now I RadarFrog http://www.sj-r.com/top-stories/x465792206/City-to-spell-out-beekeeping-requirements 9/9/2013 Lake County beekeepers seek change in zoning regulation - DailyHerald.com Page 1 of 2 This copy is for personal, non-commercial use.To order presentation-ready D&HeWd copies for distribution you can: 1) Use the"Reprint"button found on the top and bottom of every article,2)Visit reprints.theygsgroup.com/dailyheraid.asp for Big E'icture . I.ocal Focus samples and additional information or 3)Order a reprint of this article now. Article updated: 1/9/2012 3:44 PM Lake County beekeepers seek change in zoning regulation By Mick Zawislak Beekeepers are buzzing about what they say is an antiquated county regulation that doesn't apply to a growing practice. The Lake County Beekeepers Association also says it wants to dispel myths about honeybees, as the benefits of keeping them are getting more attention. "I think in Lake County there is a strong interest in sustainability and green activity. We've had a surge in hobby beekeepers," said David Bergman, who heads the local group. On Tuesday, Bergman will make his case to the county's planning, building and zoning committee to reduce the requirement that beekeeping be limited to five-acre sites in unincorporated areas. Through the years, club members have gone about their business unencumbered, though county regulations require beekeeping to occur on properties of 200,000 square feet or more. "This came up about a year ago, when one of our members was approached about the hives on his two-acre property. We were surprised," said Bergman, a resident of Third Lake. "I've never had five acres for bees, nor is it really needed. That's what's required for horses." When a second club member was notified of the requirement, the beekeepers decided to see what could be done. "The change we're requesting is to remove the five-acre requirement and allow something more reasonable," Bergman said. "Two or three hives in a back yard is not a big deal. It's more of a neighbor to neighbor issue." The requirement applies only to unincorporated areas covered by county zoning rules. David Husemoller, a senior planner for Lake County, said times are changing and more people are pursuing beekeeping as a hobby. In a recent report accepted by the county board regarding sustainable building and development practices, beekeeping is listed as one way to increase access to local food sources. "A lot of these zoning regulations that we're starting to look at now, especially related to food and farming practices, came about in the '50s," Husemoller said. "We can still use zoning in a way that allows it, but allow it in a way it's not a nuisance." According to the report, efforts to promote safe and secure local food sources go beyond gardens, and regulations are being relaxed even in urban areas to allow beekeeping. http://www.dailyherald.com/article/20120109/news/701099812/print/ 9/9/2013 Lake County beekeepers seek change in zoning regulation - DailyHerald.com Page 2 of 2 In an overview written last summer, Bergman notes Lake County had 102 registered beekeepers in 2010—the fourth largest number in Illinois. Beekeepers also are seen as "critical partners" in the survival of the nation's honey bees in light of the mysterious and well documented Colony Collapse Disorder. Five years ago, there may have been 35 members in the Lake County Beekeepers Association but there now are more than 80, he said, adding meetings have become more interesting. "You normally get 15 die-harders who want to talk about their hobby," Bergman said. "Suddenly, 65 people show up." He also notes bees contribute to local food production and pollinate crops and garden flowers. Honey bees are able, but rarely sting, and die if they do. They are feared, Bergman contends, because they are often mistaken for the yellow jacket wasp that is aggressive and can sting multiple times without paying the ultimate price. "You just don't want people walking in front of their(hive) entrance," according to Bergman. Copyright©2013 Paddock Publications, Inc.All rights reserved. http://www.dailyherald.com/article/20120109/news/701099812/print/ 9/9/2013 Beekeeping Ordinance �►iB In 2010,the City of Milwaukee passed an ordinance r (Chapter 78-6 Milwaukee Code of Ordinances) V allowing people to keep up to two colonies of honeybees on private property within the City limits. An annual permit and inspection is required.Permit 1 applications may be obtained from the Department of Neighborhood Services Environmental Section at the address listed in this brochure. A simple map of the apiary and surrounding area with dimensions must be provided.Neighbors within 200 �i feet will be notified and given an opportunity to voice g pP ty Atypical frame of bees inside a beehive, showing worker A worker honeybee gathers pollen from clover any concerns they may have. You might also be bees drawing out wax cells and filling them with honey. growing on a City boulevard. required to get written permission from your Keeping beekeeping immediate neighbors,should your hives be within 50 Your Responsibilities safe in the feet of their dwellings or certain structures.Proof of If you plan to keep honeybees in the City of beekeeping competency must be provided. Milwaukee,it is best to talk to your neighbors ahead City of Milwaukee of time, and explain the behavior and benefits of beekeeping.Be prepared to address their concerns,as Importance of your neighbors will have a voice in the permit Honeybees approval process. The honeybee (apis mellifera) is a critical pollinator for flowers, fruits and vegetables. This is of great ;+ Beekeeping in the city should utilize best practices to benefit in the city where pollinating insect populations avoid creating problems for your neighbors. With are usually significantly smaller than in rural areas. some planning,beehives can be safely located in close Managed colonies of bees help to increase the yields proximity to homes,gardens and other places where and the quality of a large variety of plants found in 4L people spend recreational time. backyard gardens,municipal parks,and flowerbeds. You will be responsible for monitoring your bees on a regular basis for the health of the hive and to ensure Hives of honeybees are currently established in most that you have not created a nuisance to others. every major city in the United States. Beehives are Honeybee Behavior Honeybees are naturally gentle and non-aggressive. successfully kept in small back yards,on balconies Limit your beekeeping activities to times when it will and rooftops in congested urban environments with They may sting they perceive a threat to their not interfere with your neighbors' activities and little,if any,impact to adjacent property owners. colony,but only as a last resort as the bee will die enjoyment of their property. shortly after depositing its stinger. While foraging for honeybees In addition to the benefits of plant pollination, the nectar and pollen away from the colony, Resources for the Bee- honey,beeswax,pollen and other hive products are are completely docile and only concerned with the keeper and the Curious tasks they set out to do.In most cases,people living high in nutritional value and are a local,renewable in close proximity of beehives will never know that The state of Wisconsin Department of Agriculture and sustainable resource. the honeybees are around. provides a great,free hive inspection service in the Spring and Fall,through Craig Petros, State Apiary Inspector. Call 262-968-5391. (continued on back panel) I 1 Additional see keeping r Resources - There are also local beekeeping associations and The beekeeper is installing a colony of honeybees in a new hive. classes available to provide the training,mentoring and ' resources necessary for the new beekeeper: Permit and General University of Wisconsin Cooperative Extension information: Beekeeping offers a Certified Beekeeper Course Milwaukee Department of 414-256-4600 in the http://milwaukee.uwex.edu Neighborhood Services 4001 South 6th Street,2nd Floor City of Milwaukee Milwaukee Waukesha Beekeeping Association Milwaukee,WI 53221 www.mwbeekeepers.org Meets monthly and Milwaukee, • provides workshops,mentoring,networking,a lending Information on keeping library and other helpful resources. hives Wasps A Hornets http://mwbal.tripod.com websites: . Application lication for Wasps,hornets and yellow jackets are normally bright approval yellow and black,and are normally aggressive.They http://mwbeekeepers.org are often mistaken for honeybees. They nest in the www.honeyxom • Tips on keeping bees ground,or above in a grey paper structure.They will sting without provocation, and can sting repeatedly. www•IappsbeeSUpply.COm Wasps and hornets can be eliminated with common www.dadantxom • Resources for beekeepers wasp sprays,and the use of soapy water in a spray or www.beeculture.com drench.The City does NOT remove these nests.For ifel�fuLTa f�ovwth� problem infestations, contact your local pest wwwxity.milwaukee.gov City of Milwaukee management firm. Department of o QO Q Department p p tment of Neighborhood Neighborhood Services 841 N.Broadway Room 104 Services Milwaukee WI 53202 (414)286-2268 DNS-309 Bee Brochure V 1B TNW 7/20/10 City of Milwaukee Department of Beekeeping/Apiary Application Neighborhood Services $81.12 permit fee* Environmental Section 4001 S 6'St.,2nd fl.,Milwaukee,WI 53221 (414)286-3280 Address of Apiary: OPERATOR NAME: HOME PHONE NUMBER ADDRESS: CELL PHONE NUMBER ( )OWNER AUTHORIZATION MUST BE ATTACHED OR YOU MUST BE THE PROPERTY OWNER ( )SITE MAP MUST BE ATTACHED ( )PROOF OF BEE KEEPING COMPETENCY MUST BE ATTACHED The undersigned agrees to inform the Department of Neighborhood Services within ten days of any substantial changes in the information supplied in this application. I have a knowledge of the City Ordinances currently regulating the permit applied for herein and being duly sworn under oath,depose and say that I am the person named above and that all statements made in the foregoing application are true and correct. I also certify that the honey bees used in this apiary are limited to Eastern European races of Apismelifera in accordance with Milwaukee Code of Ordinances 78-6-3b. *All fees include a 1.4%training and technology surcharge. (Individual/Registered Agent/Corporate Officer/Partner) RETURN WITH APPROPRIATE FEE TO: DEPARTMENT OF NEIGHBORHOOD SERVICES 4001S6 th St., 2nd floor MILWAUKEE, WI 53221 DO NOT WRITE BELOW THIS LINE Clerical Date Issued Bee Permit# Date of Notice #of notices sent #of objections #in support Request for hearing? Y N Hearing date Result of hearing? Approve Deny City of Milwaukee Department of Neighborhood Services Department of Beekeeping/Apiary Sketch Sheet Neighborhood Services Environmental Section Name (print) Phone # Apiary Address Number of hives 1. Distance of hives to front property line and all other property lines 2. Distance of hives to other habitable areas of adjoining properties 3. Height of flyway barriers 4. Height of hives off the ground Use the area below to sketch apiary site. Include distances from lot lines, structures, fences/ barriers, and include fresh water source. Indicate Direction Bee Keeping In Milwaukee Page 1 of 2 Home I Calendar I Do Business I Live&Work I Play I Departments I Services I Payments i Printable Version Inspectional Services&S-tiMonosT 11WIronmental Health and Nuisance control ee Keeping"n ,wau ee New Fees Coming in 2013 Keeping Beekeeping Safe in the City of Milwaukee Effective January 1st,2013: Department of Certain DNS fees will increase& Neighborhood Services ,4 many of the fees will also include a DNS Property Data ' +rig 1.4%Training&Technology surcharge. DNS Programs DNS Forms and Applications Electrical Fees Complaint Process Fire Prevention Permits Garage Deconstruction Project Environmental Fees Inspectional services§ions Importance of Honeybees Administration The honeybee(apis mellifera)is a critical pollinator for flowers,fruits and vegetables.This is of great benefit Boiler in the city where pollinating insect populations are usually significantly smaller than in rural areas.Managed Plumbing Fees Commercial colonies of bees help to increase the yields and the quality of a large variety of plants found in backyard Condemnation gardens,municipal parks,and flowerbeds. Property Recording Fees Construction Hives of honeybees are currently established in most every major city in the United States.Beehives are DNS Inspections successfully kept in small back yards,on balconies and rooftops in congested urban environments with little, Electrical and Elevator if any,impact to adjacent property owners. Last update 12/27/2012 Enforcement Environmental Health and In addition to the benefits of plant pollination,the honey,beeswax,pollen and other hive products are high Nuisance Control in nutritional value and are a local,renewable and sustainable resource. Animal License Fees Beekeeping Ordinance Chronic Nuisance In 2010,the City of Milwaukee passed an ordinance(Chapter 78-6 Milwaukee Code of Ordinances)allowing Environmental Services people to keep up to two colonies of honeybees on private property within the City limits.A permit and Noise Complaints inspection is required.Permit applications may be obtained from the Department of Neighborhood Services Noise Variances Environmental Section at the address listed in this brochure.A simple map of the apiary and surrounding Pools area with dimensions must be provided.Neighbors within 200 feet will be notified and given an opportunity BEDBUGS to voice any concerns they may have.You might also be required to get written permission from your Bee Keeping In Milwaukee immediate neighbors,should your hives be within 50 feet of their dwellings or certain structures.Proof of Chickens Information Page beekeeping competency must be provided. Neighborhood Improvement Program Occupancy Permits Plan Exam and Permits - Plumbing Public Information Residential Code Enforcement Program Special Enforcement Section Honeybee Behavior Permit Process Honeybees are naturally gentle and non-aggressive.They may sting if they perceive a threat to their colony, Phone Directory but only as a last resort as the bee will die shortly after depositing its stinger.While foraging for nectar and Fun Stuff pollen away from the colony,honeybees are completely docile and only concerned with the tasks they set out to do.In most cases,people living in close proximity of beehives will never know that the honeybees are How to Disconnect Downspouts around. Your Responsibilities If you plan to keep honeybees in the City of Milwaukee,it is best to talk to your neighbors ahead of time, and explain the behavior and benefits of beekeeping.Be prepared to address their concerns,as your neighbors will have a voice in the permit approval process.Beekeeping in the city should utilize best practices to avoid creating problems for your neighbors.With some planning,beehives can be safely located in close proximity to homes,gardens and other places where people spend recreational time.You will be responsible for monitoring your bees on a regular basis for the health of the hive and to ensure that you have not created a nuisance to others.Limit your beekeeping activities to times when it will not interfere with your neighbors'activities and enjoyment of their property. http://city.milwaukee.gov/Env/Bee-Keeping-In-Milwaukee.htm 9/9/2013 Bee Keeping In Milwaukee Page 2 of 2 Resources for the Beekeeper and the Curious The state of Wisconsin Department of Agriculture provides a great,free hive inspection service in the Spring and Fall,through Craig Petros,State Apiary Inspector. Call 262-968-5391. There are also local beekeeping associations and classes available to provide the training,mentoring and resources necessary for the new beekeeper: University of Wisconsin Cooperative Extension offers a Certified Beekeeper Course 414-256-4600 http://milwaukee.uwex.edu Milwaukee Waukesha Beekeeping Association www.mwbeekeepers.org Meets monthly and provides workshops,mentoring,networking,a lending library and other helpful resources. VqM Wasps&Hornets Wasps,hornets and yellow jackets are normally bright yellow and black,and are normally aggressive.They are often mistaken for honeybees.They nest in the ground,or above in a grey paper structure.They will sting without provocation,and can sting repeatedly.Wasps and hornets can be eliminated with common wasp sprays,and the use of soapy water in a spray or drench.The City does NOT remove these nests.For problem infestations,contact your local pest management firm. Permit and General Information: Bee Keeping/Apiary Application This is the application that must be completed and brought to the DNS offices to apply for a permit to keep bees. Site Plan Please complete a site plan,and submit it with check or money order to Milwaukee Department of Neighborhood Services 4001 South 6th Street,2nd Floor Milwaukee,WI 53221414-286-3280 Websites: http://mwbal.tripod.com http://mwbeekeepers.org www.honey.com www.lappsbeesupply.com www.dadant.com www.beeculture.com www.city.milwaukee.gov For a brochure of this information click Here-->Bee Brochure Last Update 6/13/2013 Common Council:::Office of Mayor Tom Barrett:::Web&Email Policies:::Contact Us This site is powered by the Northwoods Titan Content Management System http://city.milwaukee.gov/Env/Bee-Keeping-In-Milwaukee.htm 9/9/2013 r Model Beekeeping �,. • Ordinance f or Louisiana Local and Municipal Governments fi This publication is intended to help local and municipal governments address potential concerns or problems between the public ��s.�� and beekeepers. It was adopted from the 00.1• • �4�••W4• •1 � •4" 4•' • �444"'N•• !• Texas beekeeping ordinance and modified !- '�• •!4•N41 �� •di e� •.�..� • • ! w•! !•� by the Louisiana Beekeepers Association,the •• •s ee�r- . teems •� !!••l�;, 1••�44!`4E�U►_ •�N1�4®N1 !! •!!!� Louisiana Department of Agriculture and i••4�4ii !•l44tlt••yi•0!!•44!• Forestry DAF the USDA/ARS Hone Bee �••4i•4•��►!!®`''• 4444444!••!&; Y ( ) Y '•••4.44.44A•4�►!®•44••444!4 Breeding Genetic and Physiology Lab and the �4.4.44�►44••�1�®�!! 444.4!••4 ��+�4.441 44!!•1 4w�!®•®4A•��••4A�4ljl4sjl44j4jr44�l.� Louisiana Cooperative Extension Service. ��44•!��•elt•!4•!A®M94�•i!)!le9ldlAli��l4+l14,4�s14•=j j j� Because the honeybee industry is vital to il4.4 44.4l,��9 ®®4•l4N444l4444� �•4f• ••!•®®�®®47�44444.44N� Louisiana agriculture,the four organizations �4s4�IND�l�e�lS®!G®t®n®A®AA�s�a�®® , �•,•_4_4_!_4� are willing to assist any local, municipal state government in the use or implementation of this program. LMS Research & Extension Proposed Model Beekeeping Ordinance for Louisiana Local and Municipal Governments Whereas, honeybees are of benefit to mankind,and to Louisiana in particular,by providing agriculture, fruit and garden pollination services and by furnishing honey,wax and other useful products;and Whereas, Louisiana is among the leading states in honey production and agricultural byproducts associated with beekeeping throughout the United States;and Whereas,domestic strains of honeybees have been selectively bred for desirable traits,including gentleness, honey production,tendency not to swarm and nonaggressive behavior,characteristics that are desirable to foster and maintain;and Whereas, gentle strains of honeybees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed and maintained; Now,Therefore,Be It Ordained and Enacted By (Insert name of governmental entity) Section 1. That the findings contained in the preamble of this ordinance are hereby adopted as a part of this ordinance. Section 2. That Chapter No. (Health) of the Code of Ordinances, (city), (state), is hereby amended by adding a new article No.,which reads as follows: Definitions church,park,school or governmental facilities or other structures or improvements intended for As used in this article,the following words and terms human use occupancy and the grounds maintained in shall have the meanings ascribed in this section unless the association therewith.The term shall be deemed to context of their usage clearly indicates another meaning: include property developed exclusively as a street or I. "Apiary" means the assembly of one or more highway or property used for commercial agricultural colonies of bees at a single location. purposes. 2. "Beekeeper" means a person who owns or has charge of one or more colonies of bees. Certain Conduct 3. "Beekeeping equipment" means anything used in the Declared Unlawful operation of an apiary,such as hive bodies,supers, frames,top and bottom boards and extractors. (a) The purpose of this article is to establish certain 4. "Colony" or"hive" means an aggregate of bees requirements of sound beekeeping practice that are consisting principally of workers,but having,when intended to avoid problems that may otherwise be associated with the keeping of bees in populated perfect,one queen and at times many drones, including brood,combs,honey and the receptacle areas. inhabited by the bees. (b) Notwithstanding compliance with the various 5. "Honeybee" means all life stages of the common requirements of this article,it shall be unlawful for domestic honey bee,Apis mellifera species. any beekeeper to Keep any colony or colonies in 6. "Tract" means a contiguous parcel of land under such a manner or of such disposition as to cause any unhealthy condition,interfere with the normal use common ownership. and enjoyment of human or animal life of others or 7. "Undeveloped property" means any idle land that interfere with the normal use and enjoyment of any is not improved or actually in the process of being public property or property of others. improved with residential,commercial,industrial, Hive Registration another marked queen.Queens shall be selected from European stock bred for gentleness and nonswarming All honey bee colonies shall be registered annually characteristics. with the Louisiana Department of Agriculture and Forestry.IT IS THE LAW! Colony Densities Hive Type (a) It shall be unlawful to keep more than the following number of colonies on any tract within the city,based All honey bee colonies shall be kept in Langstroth- upon the size or configuration of the tract on which type hives with removable frames,which shall be kept in the apiary is situated: sound and usable condition. 1. One-quarter acre or less tract size—two colonies. 2. More than one-quarter acre but less than one-half acre tract size—four colonies. Fencing of Flyways 3. More than one-half acre but less than I acre tract In each instance in which any colony is situated size—six colonies. within 25 feet of a public or private property line of the 4. One acre or larger tract size—eight colonies. tract upon which the apiary is situated,as measured from 5. Regardless of tract size,where all hives are the nearest point on the hive to the property line,the situated at least 200 feet in any direction from all beekeeper shall establish and maintain a flyway barrier at property lines of the tract on which the apiary is least 6 feet in height consisting of a solid wall,fence,dense situated,there shall be no limit to the number of vegetation or combination thereof that is parallel to the colonies. property line and extends 10 feet beyond the colony 6. Regardless of tract size,so long as all property in each direction so that all bees are forced to fly at an other than the tract upon which the hives are elevation of at least 6 feet above ground level over the situated —that is,within a radius of at least property lines in the vicinity of the apiary.It is a defense 200 feet from any hive— remains undeveloped against prosecution under this section that the property property,there shall be no limit to the number of colonies. adjoining the apiary tract in the vicinity of the apiary is (b) For each two colonies authorized under Colony undeveloped property for a distance of at least 25 feet Densities [subsection (a)] there may be maintained from the property line of the apiary tract. upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 inch Water . depth 10-frame hive body with no supers attached as required from time to time for management of Each beekeeper shall ensure that a convenient swarms.Each such nucleus colony shall be disposed source of water is available to the bees at all times during of or combined with an authorized colony within 30 the year so that the bees will not congregate at swimming days after the date is acquired. pools,bibcocks,pet watering bowls,bird baths or other water sources where they may cause human,bird or Marking Hives, domestic pet contact. Presumption of Beekeeping General Maintenance (a) In apiaries the beekeeper shall conspicuously post a sign setting forth his name and telephone number.In Each beekeeper shall ensure that no bee comb addition,the beekeeper's registration yard marker, or other materials that might encourage robbing are provided by the LDAF,shall be posted on a sign left upon the grounds of the apiary site.Upon their within the apiary.It is a defense against prosecution removal from the hive,all such materials shall promptly under this subsection that a colony is kept upon the be disposed of in a sealed container or placed within a same tract upon which the owner resides. building or other bee-proof enclosure. (b) Unless marked in accordance with subsection (a) it shall be presumed for purposes of this article that the beekeeper is the person or persons who own Queens or otherwise have the present right of possession and control of the tract upon which a hive or hives All colonies shall be maintained with marked are situated.The presumption may be rebutted by queens.In any instance in which a colony exhibits unusual a written agreement authorizing another person aggressive characteristics by stinging or attempting to to maintain the colony or colonies upon the tract sting without due provocation or exhibits an unusual setting forth the name,address and telephone disposition toward swarming,it shall be the duty of number of the other person who is acting as the the beekeeper to promptly re-queen the colony with beekeeper. Inspection (d) The decision of the hearing officer may be appealed in accordance with the provision of Rule No. of the The health officer shall have the right to inspect any city council's rules and procedures by filing a notice apiary between 8 a.m.and 5 p.m.Where practicable,prior of appeal with the city secretary within 10 days notice shall be given to the beekeeper if he resides at the following the date that the hearing officer announces apiary or if his name is marked on the hives. his decision,or if the decision is not announced at the conclusion of the hearing,within 15 days following at the date the hearing officer places written notice of Compliance his decision in the mail to the beekeeper.An appeal (a) Upon receipt of information that any colony situated shall not stay in the hearing officer's decision,and within the city is not being kept in compliance with it shall not be the responsibility of the beekeeper this article,the director shall initiate an investigation. to remove the bees from the city pending the If he finds grounds to believe that one or more determination of the appeal. violations have occurred,he will have a written notice \(e) The provisions of this section shall not be of a hearing issued to the beekeeper. construed to require the conduct of a hearing for (b) The notice of a hearing shall set forth: the destruction of(1) any bee colony not residing 1. The date,time and place at which the hearing will in a hive structure intended for beekeeping or (2) be conducted. any swarm of bees or (3) any colony residing in a 2. The violation(s) alleged. standard or man-made hive,which by virtue of its condition,has obviously been abandoned by the 3. That the beekeeper may appear in person or beekeeper through counsel,present evidence,cross-examine witnesses and request a court reporter as Section 3.If any provisions,section,subsection, provided by Rule No. of the city council's sentence,clause or phrase of this ordinance or the rules of procedure. application of same to any person or set of circumstances 4. That the bees may be ordered destroyed or is for any reason held to be unconstitutional,void or removed from the city if the hearing officer finds invalid,the validity of the remaining portions of this that they have been kept in violation of this article. ordinance or their application to other persons or sets of Notices shall be given by certified U.S.mail or circumstances shall not be affected thereby,it being the personal delivery.If the health officer is unable intent of the city council in adopting this ordinance that to locate the beekeeper,however,the notice may no portion hereof or provision or regulation contained be given by publication one time in a newspaper herein shall become inoperative or fail by reason of any of general circulation at least five days before the unconstitutionality,voidness or invalidity of any other date of the hearing. portion hereof,and all provisions of this ordinance are (c) The hearing shall be conducted by the director or a declared to be servable for the purpose. designated health officer.The burden shall be on the Section 4.This ordinance shall become effective at city to demonstrate by a preponderance of credible evidence that the colony or colonies have in fact been (hour) on (date). kept in violation of this article.If the hearing officer Section S.There exists a public emergency finds that the colony or colonies have been kept in requiring that this ordinance be passed finally on the date violation of this article,he may order that the bees be of its introduction as requested in writing by the mayor; destroyed or removed from the city,not to exceed therefore,this ordinance shall be passed finally on such 20 days and that bees not thereafter be kept upon date and shall take effect as provided in Section 4,above. the tract for a period of two years. In instances where the hearing officer finds that Passed and approved this the violations were not intentional and that the day of 20 beekeeper has taken corrective actions to cure the alleged violations,he may issue a warning in lieu of ordering the bees destroyed or removed. (Mayor) Upon failure of the beekeeper to comply with the order,the health officer may cause the bees to be Author: Dale K.Pollet,Specialist (Entomology) destroyed and the hive structures to be removed.In Visit out Web site: www.isuagcenter.com each instance in which a bee colony is destroyed,all Louisiana State University Agricultural Center usable components of the hive structure that are not William B.Richardson,Chancellor damaged or rendered unhealthy by the destruction Louisiana Agricultural Experiment Station of the bees shall upon the beekeeper's request David J.Boethel,vice Chancellor and Director Louisiana Cooperative Extension Service be returned to the beekeeper,provided that the Paul D.Coreil,vice Chancellor and Director beekeeper agrees to bear all transportation expenses Pub.2524 (online only) 9/09 Rev. for their return. The LSU AgCenter provides equal opportunities in programs and employment. "P Reviewed Reviewed By: Agenda Item Number 0 J ;6� �► Legal ❑ OB #1 Finance ❑ EST. 1836 Engineer ❑ Tracking Number City Administrator ■ Human Resources ❑ Community Development ❑ EDC 2013-28 E Police ❑ Public Works ❑ Agenda Item Summary Memo Title: Fourth amendment to the Imperial Investments TIF agreement Meeting and Date: EDC—October 1, 2013 Synopsis: Review of a fourth amendment to the Imperial Investments TIF agreement, related to the undergrounding of electric infrastructure Council Action Previously Taken: Date of Action: CC 9/10/13 Action Taken: Tabled Item Number: EDC 2013-28 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: September 5, 2013 Subject: Imperial Investments TIF agreement fourth amendment LJILL E�% Summary Consideration of a fourth amendment to the Imperial Investments TIF agreement for the funding of the utility underground construction project. Background This item was last discussed at the August 27th City Council meeting,where it was tabled to the September 10th City Council meeting. At the time of the August 27th City Council meeting, staff had not yet spoken with the developer about the City Council request for both the upfront and back-end payments to be non-guaranteed. Since then, we have had a chance to speak with the developer, and they have indicated the City Council request would be acceptable. I have included the draft agreement with the changes requested by City Council. Recommendation Staff recommends approval of the fourth amended TIF agreement with Imperial Investments. FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLC) THIS FOURTH AMENDMENT (the "Fourth Amendment") to the Redevelopment Agreement for the Downtown Yorkville Project Area dated April 23, 2012, as amended January 8, 2013, April 9, 2013 and July 18, 2013, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and Imperial Investments, LLC, an Illinois limited liability company (hereafter the "Developer"), is dated this day of 2013. WITNESSETH: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities"), the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City constituting a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" (the "Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the"Act"); and, WHEREAS, as authorized by the TIF Act, on April 23, 2013, pursuant to Ordinance No. 2012-06, the Corporate Authorities entered into the Redevelopment Agreement for the Downtown Yorkville Project Area (the "Original Agreement") with the Developer in order to 1 induce the development and redevelopment of certain properties within the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, pursuant to the Original Agreement, the City agreed to reimburse the Developer for Redevelopment Project Costs as specifically identified therein for the following four(4) Projects: 1. Cobblestone Bakery, Project No. 1; 2. Follies Theater, Project No. 2; 3. Follies Box Office, Project No. 3; and, 4. Van Emmon Apartments, Project No. 4; and, WHEREAS, on January 8, 2013, the Original Agreement was amended to add the following additional redevelopment projects (the "Additional Projects") and provide additional incentives as set forth in the First Amendment to the Original Agreement: 1. 209 South Bridge Street; 2. The parking lot immediately to the north of 209 Bridge Street; 3. 213 South Bridge Street; and, 4. An expansion of the Cobblestone Bakery Project No. 1; and, WHEREAS, on April 9, 2013, the Original Agreement was again amended to include new redevelopment projects at 102 E. Van Emmon Street (the "Bank Property") and a parking lot located at the northeast corner of West Van Emmon Street and the west alley (the "Parking Lot'); and on July 18, 2013, was again amended to further enhance the Yorkville Downtown Redevelopment Project Area by undertaking the demolition of a portion of a utility station 2 owned by the City and replacing the fagade on the portion remaining and creating a pedestrian walkway; and, WHEREAS, once again the Developer has submitted a proposal to the City to undertake additional improvements Downtown Yorkville Redevelopment Project Area to remove the unsightly cable, electrical and telephone lines now located between the west alley at the corner of West Van Emmon Street and 101 West Van Emmon, as depicted on Exhibit A attached hereto and locating these lines underground(the "Utility Line Relocation Project"); and, WHEREAS, in order to induce the Developer to continue with The Projects approved in the Original Agreement, the Additional Projects, the Third Redevelopment Phase, the Fourth Redevelopment Phase, and the Utility Line Restoration Project (collectively, "The Projects"), the City designated a portion of the commercial area of the Yorkville Downtown Redevelopment Project Area as a "Business District" in accordance with the Business District Development and Redevelopment Act (65 ILCS 5/11-74.3 et seq.) (the "Business District Act"), on January 8, 2013; and, WHEREAS, pursuant to the Business District Act, once a business district is designated, the Corporate Authorities may impose a retailers' occupation tax, service occupation tax, and a hotel operators' occupation tax in an amount not to exceed one percent (1%) to pay costs to be incurred in connection with the planning, execution and implementation of the goals and objectives as set forth in the business district plan, and the Corporate Authorities have, in fact, imposed a retailers' occupation tax and a service occupation tax of one percent (1%) in the business district; and, 3 WHEREAS, the City desires the Developer to proceed with The Projects as stated in the Original Agreement, the Additional Projects, the Third Redevelopment Phase and the Fourth Redevelopment Phase and the Utility Line Relocation Project and is, therefore, willing to commit additional incentives available pursuant to the Act and the Business District Act in order to induce the Developer to proceed, all as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth,the parties agree as follows: Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Fourth Amendment and are hereby incorporated into and made a part of this Fourth Amendment as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. The Imperial Investment Utility Line Relocation Project Feasibility Study. A. The Developer has undertaken a study to determine if it is financially feasible as well as practical, to relocate the unsightly electrical, cable and telephone lines located between the west alley at the northeast corner of W. Van Emmon Street and 101 W. Van Emmon, as depicted on Exhibit A hereto to an underground location (the "Feasibility Study"). The Developer has submitted said Feasibility Study to the City and is consulting with the City on the economic viability of proceeding with the Utility Line Relocation Project. B. The Developer has advanced all necessary funds required to complete the Feasibility Study, the cost of which is a Redevelopment Project Cost which shall be reimbursable as provided in Section 4 below. 4 Section 3. Developer's Obligations as a Condition Precedent to the City's Commitment. A. In the event the Utility Line Relocation Project is determined to be feasible by both the City and the Developer after joint review, discussion and consultation, the Developer agrees to undertake the Utility Line Relocation Project on or before December 31, 2015, in a good and workmanlike manner and in accordance with all permits and approvals. B. The Developer shall not be eligible for reimbursement for any of the costs incurred in connection with the Utility Line Relocation Project unless and until said project is completed in accordance with all permits and approvals. Section 4. Obligations and Commitments of the City. A. So long as no notice pursuant to Section 20 of the Original Agreement has been issued and remains outstanding, the City shall reimburse the Developer for "Redevelopment Project Costs" as follows: 1. Upon completion of the Utility Line Relocation Project by the Developer and approval thereof by the City Engineer, the Developer shall submit to the City a Request for Reimbursement, as provided in the Original Agreement. The City shall reimburse the Developer in an amount equal to the lesser of(i) fifty percent (50%) of the cost of the Utility Line Relocation Project; or, (ii) $130,000. Said amount shall be immediately due and payable to the Developer upon acceptance by the City of said Utility Line Relocation Project from that portion of the STAF (as defined within the Original Agreement) not otherwise obligated to the Developer. If sufficient funds are not available in the STAF, reimbursement shall be made to the Developer from future deposits into the STAF. 5 2. It is the intent of the City to ultimately reimburse the Developer for eighty percent (80%) of the total cost of the Utility Line Relocation Project. The City agrees to reimburse the Developer the difference between the total cost of the Utility Line Relocation and the amount paid to the Developer pursuant to 2 above (the "Additional Reimbursement"), said Additional Reimbursement to be payable in ten (10) equal annual installments from that portion of the STAF (as defined in the Original Agreement) not otherwise obligated to the Developer_ If sufficient funds are not available in the STAF, reimbursement shall be made to the Developer from future deposits into the STAF. inefemental Twies generated from all pr-epeAies owned by the Developef. Section S. Undertakings on the Part of Developer. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed with regard to any of its business operations in the City including all real estate taxes assessed against the Imperial Investment Projects, the Additional Projects, the Third Redevelopment Phase, the Fourth Redevelopment Phase or any other location owned or controlled by the Developer. Section 6. Term. Section 7 of the Original Agreement is understood to have been amended to state that unless earlier terminated pursuant to Section 20 of the Original Agreement, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31, 2029, regarding the City's obligation to deposit Incremental Taxes into the Imperial Sub-Account and December 31, 2036, with regard to the City's obligation to deposit BD Taxes, into the Imperial Investment Sub-Account. 6 Section 7. All other provisions of the Original Agreement; as amended January 8, 2013, April 9, 2013 and July 18, 2013, by this Fourth Amendment one hereby affirmed as in full force and effect. Section 8. Counterparts. This Fourth Amendment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 7 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to the Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk IMPERIAL INVESTMENTS, LLC, an Illinois liability company By: President Attest: Secretary 8 ExhibitA 9 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2013- AN ORDINANCE APPROVING A FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLC) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 10th day of September,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on '2013. Ordinance No. 2013- AN ORDINANCE APPROVING THE FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLC) WHEREAS, pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the "TIF Act"), the Mayor and City Council of the United City of Yorkville (collectively, the "Corporate Authorities") entered into an Redevelopment Agreement for the Downtown Yorkville Project Area (the "Original Agreement") with Imperial Investments, LLC (the "Developer") in order to induce the development and redevelopment of certain properties within the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, on January 8, 2013, the Original Agreement was amended by a First Amendment to add additional projects and provide additional incentives; and, WHEREAS, on April 9, 2013 the Amended Agreement was further amended by a Second Amendment to include the Developer's proposal to redevelop, rehabilitate and renovate the Bank Property and the Parking Lot and the City agreed to commit additional incentives; and, WHEREAS, on July 18, 2013, the Amended Agreement was again amended to further enhance the Yorkville Downtown Redevelopment Project Area by undertaking the partial demolition of a utility station owned by the City and replacing the fagade on the portion remaining and constructing a pedestrian walkway; and, WHEREAS, in order to assist with the Additional Projects, the Corporate Authorities by Ordinance No. 2013-01 designated a portion of the commercial area of the Yorkville Downtown Redevelopment Project Area as a"Business District" in accordance Ordinance No.2013- Page 2 with the Business District Development and Redevelopment Law (65 ILCS 5/11-74.3 et seq.) (the "Business District Act") and imposed a one percent (1%) retailers' occupation tax and a service occupation tax as permitted by the Business District Act (the "BD Taxes") in order to pay redevelopment project costs; and, WHEREAS, once again the Developer has submitted a proposal to the City to undertake additional improvements Downtown Yorkville Redevelopment Project Area to remove the unsightly cable, electrical and telephone lines now located between the west alley at the corner of West Van Emmon Street and 101 West Van Emmon, as depicted on Exhibit A attached hereto and locating these lines underground (the "Utility Line Relocation Project"); and, WHEREAS, once again the Developer has submitted a proposal to the City to undertake additional improvements Downtown Yorkville Redevelopment Project Area the unsightly cable, electrical and telephone lines now located between the west alley at the corner of West Van Emmon Street and 101 West Van Emmon, and to relocate these lines underground; and, WHEREAS, the City desires the Developer to continue to undertake improvements to the Downtown Yorkville Redevelopment Project Area including the relocation of unsightly cable, electric and telephone lines, in accordance with the terms and conditions as set forth in the Fourth Amendment to the Original Agreement in the form attached hereto and made a part hereof. Ordinance No.2013- Page 3 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance as though fully set forth in this section. Section 2. That the FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLQ, attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute said agreement on behalf of the United City of Yorkville. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 92013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 4 FOURTH AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLC) THIS FOURTH AMENDMENT (the "Fourth Amendment") to the Redevelopment Agreement for the Downtown Yorkville Project Area dated April 23, 2012, as amended January 8, 2013, April 9, 2013 and July 18, 2013, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and Imperial Investments, LLC, an Illinois limited liability company (hereafter the "Developer"), is dated this day of 2013. WITNESSETH: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities"), the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City constituting a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" (the "Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, as authorized by the TIF Act, on April 23, 2013,pursuant to Ordinance No. 2012-06, the Corporate Authorities entered into the Redevelopment Agreement for the Downtown Yorkville Project Area (the "Original Agreement") with the Developer in order to 1 induce the development and redevelopment of certain properties within the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, pursuant to the Original Agreement, the City agreed to reimburse the Developer for Redevelopment Project Costs as specifically identified therein for the following four(4) Projects: 1. Cobblestone Bakery, Project No. l; 2. Follies Theater, Project No. 2; 3. Follies Box Office, Project No. 3; and, 4. Van Emmon Apartments, Project No. 4; and, WHEREAS, on January 8, 2013, the Original Agreement was amended to add the following additional redevelopment projects (the "Additional Projects") and provide additional incentives as set forth in the First Amendment to the Original Agreement: 1. 209 South Bridge Street; 2. The parking lot immediately to the north of 209 Bridge Street; 3. 213 South Bridge Street; and, 4. An expansion of the Cobblestone Bakery Project No. 1; and, WHEREAS, on April 9, 2013, the Original Agreement was again amended to include new redevelopment projects at 102 E. Van Emmon Street (the "Bank Property") and a parking lot located at the northeast corner of West Van Emmon Street and the west alley (the "Parking Lot"); and on July 18, 2013, was again amended to further enhance the Yorkville Downtown Redevelopment Project Area by undertaking the demolition of a portion of a utility station 2 owned by the City and replacing the fagade on the portion remaining and creating a pedestrian walkway; and, WHEREAS, once again the Developer has submitted a proposal to the City to undertake additional improvements Downtown Yorkville Redevelopment Project Area to remove the unsightly cable, electrical and telephone lines now located between the west alley at the corner of West Van Emmon Street and 101 West Van Emmon, as depicted on Exhibit A attached hereto and locating these lines underground(the "Utility Line Relocation Project"); and, WHEREAS, in order to induce the Developer to continue with The Projects approved in the Original Agreement, the Additional Projects, the Third Redevelopment Phase, the Fourth Redevelopment Phase, and the Utility Line Restoration Project (collectively, "The Projects"), the City designated a portion of the commercial area of the Yorkville Downtown Redevelopment Project Area as a "Business District" in accordance with the Business District Development and Redevelopment Act (65 ILCS 5/11-74.3 et seq.) (the "Business District Act"), on January 8, 2013; and, WHEREAS, pursuant to the Business District Act, once a business district is designated, the Corporate Authorities may impose a retailers' occupation tax, service occupation tax, and a hotel operators' occupation tax in an amount not to exceed one percent (1%) to pay costs to be incurred in connection with the planning, execution and implementation of the goals and objectives as set forth in the business district plan, and the Corporate Authorities have, in fact, imposed a retailers' occupation tax and a service occupation tax of one percent (1%) in the business district; and, 3 WHEREAS, the City desires the Developer to proceed with The Projects as stated in the Original Agreement, the Additional Projects, the Third Redevelopment Phase and the Fourth Redevelopment Phase and the Utility Line Relocation Project and is, therefore, willing to commit additional incentives available pursuant to the Act and the Business District Act in order to induce the Developer to proceed, all as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Fourth Amendment and are hereby incorporated into and made a part of this Fourth Amendment as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. The Imperial Investment Utility Line Relocation Project Feasibility Study. A. The Developer has undertaken a study to determine if it is financially feasible as well as practical, to relocate the unsightly electrical, cable and telephone lines located between the west alley at the northeast corner of W. Van Emmon Street and 101 W. Van Emmon, as depicted on Exhibit A hereto to an underground location (the "Feasibility Study"). The Developer has submitted said Feasibility Study to the City and is consulting with the City on the economic viability of proceeding with the Utility Line Relocation Project. B. The Developer has advanced all necessary funds required to complete the Feasibility Study, the cost of which is a Redevelopment Project Cost which shall be reimbursable as provided in Section 4 below. 4 Section 3. Developer's Obligations as a Condition Precedent to the City's Commitment. A. In the event the Utility Line Relocation Project is determined to be feasible by both the City and the Developer after joint review, discussion and consultation, the Developer agrees to undertake the Utility Line Relocation Project on or before December 31, 2015, in a good and workmanlike manner and in accordance with all permits and approvals. B. The Developer shall not be eligible for reimbursement for any of the costs incurred in connection with the Utility Line Relocation Project unless and until said project is completed in accordance with all permits and approvals. Section 4. Obligations and Commitments of the City. A. So long as no notice pursuant to Section 20 of the Original Agreement has been issued and remains outstanding, the City shall reimburse the Developer for "Redevelopment Project Costs" as follows: 1. Upon completion of the Utility Line Relocation Project by the Developer and approval thereof by the City Engineer, the Developer shall submit to the City a Request for Reimbursement, as provided in the Original Agreement. The City shall reimburse the Developer in an amount equal to the lesser of(i) fifty percent(50%) of the cost of the Utility Line Relocation Project; or, (ii) $130,000. Said amount shall be immediately due and payable to the Developer upon acceptance by the City of said Utility Line Relocation Project from that portion of the STAF (as defined within the Original Agreement) not otherwise obligated to the Developer. If sufficient funds are not available in the STAF, reimbursement shall be made to the Developer from future deposits into the STAF. 5 2. It is the intent of the City to ultimately reimburse the Developer for eighty percent (80%) of the total cost of the Utility Line Relocation Project. The City agrees to reimburse the Developer the difference between the total cost of the Utility Line Relocation and the amount paid to the Developer pursuant to 2 above (the "Additional Reimbursement"), said Additional Reimbursement to be payable in ten (10) equal annual installments from that portion of the STAY (as defined in the Original Agreement) not otherwise obligated to the Developer. If sufficient funds are not available in the STAF, reimbursement shall be made to the Developer from future deposits into the STAF. Section S. Undertakings on the Part of Developer. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed with regard to any of its business operations in the City including all real estate taxes assessed against the Imperial Investment Projects, the Additional Projects, the Third Redevelopment Phase, the Fourth Redevelopment Phase or any other location owned or controlled by the Developer. Section 6. Term. Section 7 of the Original Agreement is understood to have been amended to state that unless earlier terminated pursuant to Section 20 of the Original Agreement, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31, 2029, regarding the City's obligation to deposit Incremental Taxes into the Imperial Sub-Account and December 31, 2036, with regard to the City's obligation to deposit BD Taxes, into the Imperial Investment Sub-Account. 6 Section 7. All other provisions of the Original Agreement; as amended January 8, 2013, April 9, 2013 and July 18, 2013, by this Fourth Amendment one hereby affirmed as in full force and effect. Section 8. Counterparts. This Fourth Amendment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 7 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to the Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk IMPERIAL INVESTMENTS, LLC, an Illinois liability company By: President Attest: Secretary 8 Exhibit A 9 PROPOSED COMED DIAGRAM TO REMOVE UTILITY POLES AND REINSTALL COMED,ATT and COMCAST LINES BELOW GROUND � y 3 r 4 'Y 11 _ _ b_ KEY • 1 thru 6 represents existing Utility Poles and lines to be removed. 0 Dark Blue Dashed Line Represents new subsurface utility lines to be run from North side of West Alley and Hydraulic to South sided of West Alley and Van Emmon. Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator CC: Date: July 30, 2013 Subject: Imperial Investments TIF agreement fourth amendment LJILL E�% Summary Consideration of a fourth amendment to the Imperial Investments TIF agreement for the funding of the utility underground construction project. Background This item was last discussed at the June Economic Development Committee meeting. At that meeting, the committee reviewed a third amended TIF agreement that contemplated utility undergrounding,pump-house fagade improvements, and a partial tear-down of the pump-house. The committee members had some concern with the large upfront payment for the undergrounding project, and requested the construction of and payment for the underground utilities be isolated in its own agreement with further language indicating that the upfront payment would only be made by the City if TIF funds are available. This fourth agreement isolates the underground utility construction project, and contains language in Section 4A1 that states if no funds are available in the downtown TIF fund, that the payment will be made at a later date when TIF funds are available. Of note, the discussion at the June EDC meeting was that the upfront payment should not be guaranteed; the annual payments thereafter are currently drafted as guaranteed, due to their minor nature. The City and Imperial Investments expect that the final cost to underground all of the aboveground utilities in the area will cost between $200,000 and $260,000. However, this number is our own estimate. ComEd owns the poles that the electric, telephone, and cable wires are installed upon, and they can not give us a better cost estimate until our concept plan design is finished by ComEd. Imperial Investments authorized this concept plan and they are waiting to hear back from ComEd on a study schedule. The funding for the concept plan is addressed in the third amended TIF agreement with Imperial Investments. Around 80% of the cost to underground the aboveground utilities is for"public" infrastructure or private infrastructure not applicable to Imperial Investments properties. The public infrastructure would be the poles, feeder electric lines, and other electric, cable and telephone equipment used to bring the services into the immediate area. The private infrastructure would be the individual service lines into each property. Thus, only 20% of the total aboveground infrastructure cost is applicable to undergrounding the private electric lines for Imperial Investments' properties. Accordingly, we have proposed the following: 1) Once the due diligence study is completed, the City and Imperial Investments will review the study results, and decide whether to proceed forward with the undergrounding. Either party can decline to proceed with the undergrounding. 2) If both parties agree to proceed forward with the undergrounding of the construction, Imperial Investments will coordinate and complete the project with whatever payment system ComEd requires. Imperial Investments will send the City an invoice for 50% of the undergrounding cost, up to a maximum of$130,000. If TIF funds are not available to make this payment, the City will defer payment until TIF funds are available. a. If the total project is $200,000, the City cuts a check to Imperial Investments for $100,000. b. If the total project is $500,000, the City cuts a check to Imperial Investments for $130,000. 3) After the undergrounding is complete, the City will pay the increment from whatever amount is paid to Imperial Investments in#3 up to 80% of the total undergrounding project cost over a 10 year period. The City will make these payments whether TIF funds are available or not. a. In Scenario 3a above, Imperial Investments will send the City an invoice for the increment of$60,000, and the City pays that$60,000 off over 10 years at $6,000 per year. 80%x $200,000 = $160,000 $160,000 - $100,000= $60,000 b. In Scenario 3B above, Imperial Investments will send the City an invoice for the increment of$270,000 and the City pays that $270,000 off over 10 years at $27,000 per year. 80%x $500,000= $400,000 $400,000 - $130,000= $270,000 4) The remaining 20% of the entire undergrounding project paid for by Imperial Investments is considered a TIF eligible and Business District Eligible Cost, available for reimbursement pursuant to those agreements. Recommendation Staff recommends approval of the fourth amended TIF agreement with Imperial Investments. �, P q ►T . Reviewed By: Agenda Item Number Q Z) a 6� -1% Legal ❑ OB #1 Finance EST. 1836 Engineer ❑ -=� City Administrator Tracking Number 4 j� ®1 � Human Resources ❑ ❑'A Community Development EDC 2013-22 . �� . Police F-1❑ Public Works Parks and Recreation ❑ Agenda Item Summary Memo Title: Disconnection of a Portion of the Hoover Forest Preserve Meeting and Date: EDC—October 1, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: EDC 6/4/13 Action Taken: Tabled Item Number: EDC 2013-22 Type of Vote Required: Majority Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum LI To: City Council EST — isss From: Bart Olson, City Administrator CC: Date: September 26, 2013 Subject: Petition for Hoover Disconnection LLE�% Summary Consideration of an ordinance to deannex a portion of the Hoover Forest Preserve property, at the request of the Forest Preserve District. Background The Economic Development Committee last reviewed this agenda item at their June meeting. At that meeting, the Committee decided not to move forward with the item on account of concerns over land-use issues (noise) and liquor control issues. The item was added to the agenda at the request of the Forest Preserve District, via Mayor Golinski. Representatives from the Forest Preserve District will be at the meeting to address the committee. At the June Committee meeting, my analysis memo stated that the Forest Preserve District must abide by the City's zoning, building code and liquor laws. After the meeting, we did learn that the Forest Preserve District has the statutory authority to pass their own ordinance and opt out of the City's building codes. As far as we know, they have not yet passed an ordinance. The statutory authority is intended to give them control over the construction and alteration of all buildings and structures and parts and appurtenances thereof. The City's authority over zoning(including noise complaints) and liquor licensing would remain, if left in City limits. PETITION FOR DISCONNECTION OF LAND FROM THE UNITED CITY OF YORKVILLE 1. The Kendall County Forest Preserve District is the legal owner of record for the following described property, which is presently located in the jurisdiction of the United City of Yorkville, Kendall County, Illinois: That part of the South Half of Section 31, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast Corner of Lot 10 in "Fox Glen, Kendall Township, Kendall County, Illinois"; thence North 21°41'02" West, along the northerly extension of the Easterly Line of said Lot 10, a distance of 100.78 feet to the North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61'10'23" East, along said North Line, 770.11 feet for the point of beginning; thence North 17°30'25" West, 469.13 feet; thence South 61°10'23" West, 704 feet; thence South 28°49'37" East, 460 feet to said North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61'10'23" East, along said North Line, 611.92 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois, and containing 6.9481 acres. (See Exhibit A attached). 2. As owner of record, The Kendall County Forest Preserve District hereby petitions the corporate authorities of the United City of Yorkville to allow for the disconnection of the above described property pursuant to 65 ILCS 5/7-3-4, which allows any territory within a municipality, which is upon the border but within the boundaries of the municipality, to be disconnected from the municipality, in the discretion of its corporate authorities, upon petition by the property's owner of record. 3. In requesting this disconnection, the Kendall County Forest Preserve District attaches to this Petition a certificate from the Kendall County Clerk, which demonstrates that no city taxes or assessments are due and owing at this time. (See Exhibit B attached). 4. The above described property meets all of the statutory requirements for disconnection under 65 ILCS 5/7-3-4 as it is currently within the boundaries of the United City of Page 1 of 2 Yorkville, while on the border of the municipality, and it has no city taxes or assessments due and owing. 5. Petitioner requests that following no less than 30 days after filing of this Petition, the City Council pass an Ordinance in which said property described above is disconnected from the municipality and its jurisdiction pursuant to 65 ILCS 5/7-3-4. KENDALL COUNTY FOREST PRESERVE By: Jeff Wehrli Title: President, Kendall County Forest Preserve District Date: Page 2 of 2 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE DISCONNECTING CERTAIN TERRITORY FROM THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of ,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on 32013. Ordinance No. 2013- AN ORDINANCE DISCONNECTING CERTAIN TERRITORY FROM THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the owners of record of the property described below and in Exhibit A have filed with the City a Petition to Disconnect (the "Petition") such property pursuant to 65 ILCS 5/7-3-4; and WHEREAS,the subject property to this Petition is described as follows: That part of the South Half of Section 31, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast Corner of Lot 10 in "Fox Glen, Kendall Township, Kendall County, Illinois"; thence North 21°41'02" West, along the northerly extension of the Easterly Line of said Lot 10, a distance of 100.78 feet to the North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61'10'23" East, along said North Line, 770.11 feet for the point of beginning; thence North 17°30'25" West, 469.13 feet; thence South 61'10'23" West, 704 feet; thence South 28°49'37" East, 460 feet to said North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61'10'23" East, along said North Line, 611.92 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois, and containing 6.9481 acres (See Exhibit A attached); and WHEREAS, 65 ILCS 5/7-3-4 grants the City authority to disconnect territory from the municipality, in its discretion, following the presentment of a petition requesting disconnection; and WHEREAS, said Petition was filed with the City Clerk on May , 2013, being more than thirty(30) days prior to the date of this ordinance coming for consideration; and WHEREAS, the property that is subject to said Petition lies on the border of the City, and is presently within the boundaries of the City; and Ordinance No.2013- Page 2 WHEREAS, the Petition was accompanied by a certificate from the Kendall County Clerk, which demonstrated that there are no City taxes or assessments due up to the time of presentment of the Petition. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Corporate Authorities of the City find that the statements in the preamble of this Ordinance are true and accurate, and the same are incorporated into this section of the Ordinance by reference as though fully restated herein. Section 2. The Corporate Authorities of the City, in their own discretion and pursuant to the Petition to Disconnect, hereby disconnect the property described above and in Exhibit A from the United City of Yorkville and its jurisdiction, effective July 1, 2013. Section 3. A copy of this Ordinance, duly certified by the City Clerk, shall be filed with the Recorder of Kendall County within ninety(90) days after the effective date. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Ordinance No.2013- Page 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2013. MAYOR Ordinance No.2013- Page 4 CERTIFICATION I, Debbie Gillette, the Kendall County Clerk and Recorder, hereby certify that the following property which is located within Parcel Number 02-31-300-012, in the United City of Yorkville, Kendall County, Illinois, currently has no city taxes or assessments due or owing at the time of the filing of its Petition to Disconnect on or about May , 2013: That part of the South Half of Section 31, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast Corner of Lot 10 in "Fox Glen, Kendall Township, Kendall County, Illinois"; thence North 21°41'02" West, along the northerly extension of the Easterly Line of said Lot 10, a distance of 100.78 feet to the North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61'10'23" East, along said North Line, 770.11 feet for the point of beginning; thence North 17°30'25" West, 469.13 feet; thence South 61°10'23" West, 704 feet; thence South 28°49'37" East, 460 feet to said North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61'10'23" East, along said North Line, 611.92 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois, and containing 6.9481 acres FURTHER, Affiant sayeth not. Debbie Gillette SUBSCRIBED and SWORN To before me this day of December, 2013. NOTARY PUBLIC