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Economic Development Packet 2020 07-07-20AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, July 7, 2020 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: March 3, 2020 New Business: 1. EDC 2020-27 Building Permit Reports for February, March, April, and May 2020 2. EDC 2020-28 Building Inspection Reports for February, March, April, and May 2020 3. EDC 2020-29 Property Maintenance Reports for February, March, April, and May 2020 4. EDC 2020-30 Economic Development Reports for March, April, May, and June 2020 5. EDC 2020-31 1907 W. Veterans Parkway – CMP Properties – Repeal of Variance 6. EDC 2020-32 Urban Chickens Old Business: Additional Business: 2019/2020 City Council Goals – Economic Development Committee Goal Priority Staff Southside Development” 4 Bart Olson, Krysti Barksdale-Noble & Lynn Dubajic Downtown and Riverfront Development” 5 Bart Olson, Tim Evans & Krysti Barksdale-Noble Metra Extension” 7 Bart Olson, Rob Fredrickson, Eric Dhuse, Krysti Barksdale-Noble & Erin Willrett Manufacturing and Industrial Development” 8 (tie) Bart Olson, Krysti Barksdale-Noble, Erin Willrett, Lynn Dubajic, Eric Dhuse & Brad Sanderson Expand Economic Development Efforts” 10 Krysti Barksdale-Noble & Lynn Dubajic Revenue Growth” 13 Rob Fredrickson, Krysti Barksdale-Noble & Lynn Dubajic Entrance Signage” 17 Krysti Barksdale-Noble & Erin Willrett United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, July 7, 2020 6:00 PM CITY HALL CONFERENCE ROOM CITIZEN COMMENTS: MINUTES FOR CORRECTION/APPROVAL: 1. March 3, 2020 Approved __________ As presented With corrections NEW BUSINESS: 1. EDC 2020-27 Building Permit Report for February, March, April, and May 2020 Informational Item Notes ___________________________________________________________________________ 2. EDC 2020-28 Building Inspection Report for February, March, April, and May 2020 Informational Item Notes ___________________________________________________________________________ 3. EDC 2020-29 Property Maintenance Report for February, March, April, and May 2020 Informational Item Notes ___________________________________________________________________________ 4. EDC 2020-30 Economic Development Report for March, April, May, and June 2020 Informational Item Notes ___________________________________________________________________________ 5. EDC 2020-31 1907 W. Veterans Parkway – CMP Properties – Repeal of Variance Moved forward to CC __________ Approved by Committee __________ Bring back to Committee __________ Informational Item Notes ___________________________________________________________________________ 6. EDC 2020-32 Urban Chickens Moved forward to CC __________ Approved by Committee __________ Bring back to Committee __________ Informational Item Notes ___________________________________________________________________________ ADDITIONAL BUSINESS: Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Economic Development Committee – March 3, 2020 Economic Development Committee – July 7, 2020 Majority Committee Approval Minute Taker Name Department Page 1 of 2 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, March 3, 2020, 6:00pm City Conference Room In Attendance: Committee Members Chairman Jackie Milschewski Alderman Ken Koch Alderman Joel Frieders Alderman Jason Peterson (arr. 6:01pm) Other City Officials City Administrator Bart Olson (arr. 6:09pm) Assistant City Administrator Erin Willrett Community Development Director Krysti Barksdale-Noble Senior Planner Jason Engberg Code Official Pete Ratos Other Guests None The meeting was called to order at 6:00pm by Chairman Jackie Milschewski. Citizen Comments: None Minutes for Correction/Approval: February 4, 2020 The minutes were approved as presented. New Business 1. EDC 2020-15 Building Permit Report for January 2020 Mr. Ratos reported 58 permits issued in January including five single-family detached and five single-family attached homes. 2. EDC 2020-16 Building Inspection Report for January 2020 A total of 276 inspections were done in January and Mr. Ratos said the roof inspections have increased now due to improving weather. 3. EDC 2020-17 Property Maintenance Report for January 2020 Four cases were heard which were all dismissed due to becoming compliant. A torn- down vehicle parked on Heustis will continue to be monitored for violations. 4. EDC 2020-18 Economic Development Report for February 2020 City Consultant Lynn Dubajic was unable to attend the meeting and there was no further discussion on the report she had submitted. Page 2 of 2 5. EDC 2020-19 Text Amendment for Wind Energy Systems Ms. Noble said that since Wrigley had recently been approved for their signage graphics, this amendment will insure all businesses have the opportunity for similar requests. This is a special use that will go through the PZC process. She provided examples of what might be allowed and said final recommendations will be considered by the City Council on a case-by-case basis. She said Yorkville is the first community in the area to allow this kind of signage. This amendment will go to PZC on March 11th for a Public Hearing and then to the Council. It was noted the current Wrigley sign is now down for repair. 6. EDC 2020-20 AARP Grant Proposal Mr. Engberg said downtown improvements have been discussed recently and funding is needed before proceeding. Currently, AARP has grant opportunities for such projects to increase community vibrancy and civic engagement. He said the average grant is about 10,000 with no matching grant needed. The application deadline is April 1 and the award notifications will be made by the end of May. Projects need to be completed by the end of November. This will move to City Council next week for authorization to move forward. Old Business None Additional Business Alderman Frieders opened a discussion regarding the townhomes being built on Blackberry Shore behind the former Dick's Sporting Goods. Alderman Funkhouser had given Mr. Frieders illustrations showing the backs of the apartments facing single family homes across the street. Mr. Frieders asked if this orientation had been an issue when the project first began. Ms. Noble said the project had been approved without issue some time ago and that orientation had already been determined. Mr. Olson added that the City would not dictate building orientation when the project was underway. Mr. Frieders wondered if the City has a responsibility to inform the single family homeowners of the proposed orientation. The townhomes and single-family homes are part of the same PUD, said Ms. Noble. She added that if the orientation is changed, there would be other houses looking at the back of some of the townhomes. Circulation would also have to be looked at and underground utilities would have to be altered. With the extra costs a builder could abandon the project. Mr. Ratos mentioned a comparable example near Cottonwood Trail and John St. The exterior colors were also discussed and Ms. Noble said two colors are used on each building. Mr. Engberg also said that the plans show extra landscaping and screening. A land cash reduction is being requested and an appraisal is being provided by the builder. Mr. Engberg added that only Phase 1 will have the backs facing the homes and Phase 2 will have the side yards partially facing the single family homes. Alderman Frieders also mentioned the difficult parking in this area. Alderman Koch asked if there is a specific land cash reduction number and wondered if it might differ in another situation. Another situation could be different, according to Mr. Olson. There was no further business and the meeting adjourned at 6:34pm Minutes respectfully submitted by Marlys Young, Minute Taker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #1 Tracking Number EDC 2020-27 Building Permit Report for February, March, April, and May 2020 Economic Development Committee – July 7, 2020 N/A N/A N/A Informational None All permits issued in February, March, April, and May 2020 D. Weinert Community Development Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number EDC 2020-28 Building Inspection Report for February, March, April, and May 2020 Economic Development Committee – July 7, 2020 N/A N/A N/A Informational None All inspections scheduled in February, March, April, and May 2020 D. Weinert Community Development Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #3 Tracking Number EDC 2020-29 Property Maintenance Report for February, March, April, and May 2020 Economic Development Committee – July 7, 2020 Informational None Pete Ratos Community Development Name Department Page | 1 Property Maintenance Report February 2020 Adjudication: 7 Property Maintenance Cases heard in February 2/10/2020 N 4071 838 Greenfield Turn Motor Vehicles Dismissed N 4073 1311-1447 Cannonball Tr Screenings Liable $300 N 4074 983 S Carly Cir Nuisance Liable $750 N 4075 1023 S Carly Cir Junk Trash Liable $750 N 4226 1032 S Carly Cir Junk Trash Liable $750 N 4227 2754 Alan Dale Ln Fencing Dismissed 2/24/2020 N 4228 1945 Marketview Dr Permit for Signs Liable $150 Memorandum To: Economic Development Committee From: Pete Ratos, Code Official CC: Bart Olson, Krysti Barksdale-Noble, Lisa Pickering Date: February 26, 2020 Subject: February Property Maintenance Page | 1 Property Maintenance Report March 2020 Adjudication: 5 Property Maintenance Cases heard in March 3/09/2020 N 4229 209 E Fox St Corner Clearance Liable $100 N 4230 307 Illini Dr Roofs/Drainage Liable$200 Continued N 4231 2765 Cranston Cir Motor Vehicles Dismissed N 4232 206-4 River Rd Motor Vehicles Dismissed N 4233 202 Church St Motor Vehicles Liable $200 Memorandum To: Economic Development Committee From: Pete Ratos, Code Official CC: Bart Olson, Krysti Barksdale-Noble, Lisa Pickering Date: April 1, 2020 Subject: March Property Maintenance Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #4 Tracking Number EDC 2020-30 Economic Development Report for March, April, May, and June 2020 Economic Development Committee – July 7, 2020 N/A See attached. Bart Olson Administration Name Department 651 Prairie Pointe Drive, Suite 102 • Yorkville, Illinois 60560 Phone 630-553-0843 • FAX 630-553-0889 Monthly Report – for April 2020 EDC Meeting of the United City of Yorkville March 2020 Activity COVID-19: Since we have been dealing with extremely unusual circumstances, I wanted to provide you a glimpse into things that I have been working on to assist Yorkville’s business community, and the City. The report is formatted a little differently than what you normally see. Continuously working with the Small Business Development Center (SBDC), the State of Illinois (DCEO), the State of Illinois Treasurer’s Office, and the Small Business Administration (SBA); to collect information for the business community on loans, grants and other programs of assistance. All information is then shared with the City and the Chamber. Collection of information is the first step, then I have been learning the programs, working on getting answers for questions on these programs, and working with individual business owners in understanding what programs can assist them. Working with our local banks to determine which programs they will participate in. Every program is different, some work through banks, while others are completed through the State or Federal government directly. Worked with SBA Illinois District office to assist local banks that were not SBA Approved Lenders, to receive this designation. Ultimately, this will assist our business community have greater access to the very important PPP Loan Program of the CARES Act. Work with the Chamber to drive information about and to the “Yorkville to Go” and “Yorkville Connects” pages on Facebook. Locate other grant programs through associations and other organizations, that may assist employees of certain business, and assist in getting information out to these businesses and their employees. Personally, contacted the retail operations managers of the stores in Yorkville that are “Essential Businesses”. Verified information as needed by City Administrator. Personally, spoke with other businesses owners to collect data to assist in City of Yorkville for planning purposes, as requested. Assisted local Child Care businesses with being added to the State of Illinois website, as providing emergency childcare for children of essential workers. Participate in weekly tele-conferences with my colleagues from the SBDC, other municipalities of our County, and Kendall County representative to discuss programs, challenges, best practices, and general information. Identified, promoted and participated in a variety of Webinars that provided information on various assistance programs, at all levels. New Development: Kendall Marketplace: Verizon…Developer has closed, and preparation for construction continues. Kendall Marketplace: Smoothie King… Owner has closed, and preparation for construction continues. Kendall Marketplace: Signature Fitness…Owner remains committed to Yorkville location. Yorkville Crossing: Popeye’s…Closing is set for mid-April, and preparation for construction continues. Gas N Wash: Construction continues. Raging Waves Waterpark: Construction continues on new attraction, opening date is planned for Saturday, June 6th. FYI… that is the date that was planned prior to the Covid-19 crisis. Owners had decided on that date because of weather and average temperatures in past years, and opening of new attraction. Fountain Village: The new restaurant in the former Subway space is still planning on opening, after the Covid-19 crisis is over. The name of the restaurant has been changed to Cocina Madre (which means Mom’s Kitchen). Name change was necessary because original name was already being used. Yorkville Marketplace: Owner of Pro Shack remains committed to the restaurant location in Yorkville. Industrial Development: Working with “Fox Valley Sandblasting & Powder Coating” as they begin at looking at a new location in the Fox Industrial Park. This business began in 1987, and moved to Yorkville in 1992. They currently occupy approximately 15,000 square feet of space in two buildings in the Fox Industrial Park. They are completing due diligence on a single building that is 34,000 square feet in size, in the Fox Industrial Park. Owner, Jim Schwebke, is eager to move into the larger space, and grow his business and number of employees. Jim is hopeful that closing will take place in late April. Working with another small industrial business, who is working on purchasing a building in Yorkville. I am not able to share other details at this time. I can say that the business will be relocating from another community, it is family owned, and has been in operation since 1950. Lynn Dubajic 651 Prairie Pointe Drive, Suite 102 Yorkville, IL 60560 lynn@dlkllc.com 630-209-7151 cell 651 Prairie Pointe Drive, Suite 102 • Yorkville, Illinois 60560 Phone 630-553-0843 • FAX 630-553-0889 Monthly Report – for June 2020 EDC Meeting of the United City of Yorkville April & May 2020 Activity COVID-19: Continuously working with the Small Business Development Center (SBDC), the State of Illinois (DCEO), the State of Illinois Treasurer’s Office, and the Small Business Administration (SBA); to collect information for the business community on loans, grants and other programs of assistance. All information is then shared with the City and the Chamber. The Downstate Small Business Stabilization Program (DSBSP) has offered a unique opportunity to our business community through the State of Illinois. That application, and overall process is quite lengthy. We have a total of 28 businesses who have moved forward in applying for this grant, which could result in up to $25,000 for the awardee. Phase 3 of reopening Illinois, allows our restaurants to open with outdoor seating. With a total of nearly 60 establishments in Yorkville, I have worked personally with each owner/manager to help identify resources that the restaurant may borrow from the City (such as picnic tables or barricades), and ways the City can assist to help this group pivot to next step of returning back to serving their customers. The PPP Program is now moving into the “Loan Forgiveness” application. This process is even more complex that the application process was. I am working with individuals from government, banks, and other resources to assist businesses begin to complete the next application. Continue to work with the Yorkville Chamber to drive information about our local business and the Phase 3 opening of outdoor seating for restaurants. Locate other grant programs through associations and other organizations, that may assist employees of certain business, and assist in getting information out to these businesses and their employees. Personally, contacted the retail operations managers of the stores in Yorkville that are “Essential Businesses”. Verified information as needed by City Administrator. Personally, spoke with other businesses owners to collect data to assist in City of Yorkville for planning purposes, as requested. Participate in weekly tele-conferences with my colleagues from the SBDC, other municipalities of our County, and Kendall County representative to discuss programs, challenges, best practices, and general information. Identified, promoted and participated in a variety of Webinars that provided information on various assistance programs, at all levels. New Development: Kendall Marketplace: Verizon… Construction underway. Kendall Marketplace: Smoothie King… Owner has closed, and preparation for construction continues, groundbreaking to take place in June 2020. Kendall Marketplace: Signature Fitness…Owner remains committed to Yorkville location. Yorkville Crossing: Popeye’s…Construction underway. Gas N Wash: Construction continues…Opening planned for some time in July 2020 Raging Waves Waterpark: Working very closely with Raging Waves and the State of Illinois to continuously communicate on park’s plan to open, and the State of Illinois requirements during Covid-19. Park is unable to open during Phase 3. Fountain Village: The new restaurant in the former Subway space is still planning on opening, after the Covid-19 crisis is over. The name of the restaurant has been changed to Cocina Madre (which means Mom’s Kitchen). Name change was necessary because original name was already being used. Yorkville Marketplace: Owner of Pro Shack remains committed to the restaurant location in Yorkville. Industrial Development: Fox Valley Sandblasting & Powder Coating” has officially purchased 207 Beaver street. Owner, Jim Schwebke, is eager to move into the larger space, and grow his business and number of employees Building at 210 Beaver Street has also been sold. Name of business will be released shortly. I can say that the business will be relocating from another community, it is family owned, and has been in operation since 1950. Lynn Dubajic 651 Prairie Pointe Drive, Suite 102 Yorkville, IL 60560 lynn@dlkllc.com 630-209-7151 cell 651 Prairie Pointe Drive, Suite 102 • Yorkville, Illinois 60560 Phone 630-553-0843 • FAX 630-553-0889 Monthly Report – for July 2020 EDC Meeting of the United City of Yorkville June 2020 Activity COVID-19: Continuously working with the Small Business Development Center (SBDC), the State of Illinois (DCEO), the State of Illinois Treasurer’s Office, and the Small Business Administration (SBA); to collect information for the business community on loans, grants and other programs of assistance. The new programs this month are the State of IL BIG Grant program, and the Childcare Restoration Credit Program. Since these programs focuses on very specific businesses, I have personally reached out to all eligible businesses to provide links and info. The Downstate Small Business Stabilization Program (DSBSP) has offered a unique opportunity to our business community through the State of Illinois. That application, and overall process is quite lengthy. We have a total of 28 businesses who have moved forward in applying for this grant, which could result in up to $25,000 for the awardee. We are waiting to learn how our businesses have done. At the time of this writing, we do NOT have any results on awards for our businesses from the State of Illinois. Phase 4 of reopening Illinois, allows our restaurants to open with both indoor and outdoor seating. Continue to work with all of our local restaurants and businesses as they pivot, to open under current guidelines. The PPP Program is now moving into the “Loan Forgiveness” application. This process is even more complex that the application process was. Also, the rules of the program have changed significantly. I am working with individuals from government, banks, and other resources to assist businesses begin to complete the next application. Continue to work with the Yorkville Chamber to drive information about our local business and the Phase 4 opening of businesses. Locate other grant programs through associations and other organizations, that may assist employees of certain business, and assist in getting information out to these businesses and their employees. Personally, spoke with other businesses owners to collect data to assist in City of Yorkville for planning purposes, as requested. Participate in weekly tele-conferences with my colleagues from the SBDC, other municipalities of our County, and Kendall County representative to discuss programs, challenges, best practices, and general information. Identified, promoted and participated in a variety of Webinars that provided information on various assistance programs, at all levels. New Development: Kendall Marketplace: Verizon… Construction underway, building will be turned over to Verizon around Labor Day, for final preparation. Kendall Marketplace: Smoothie King… Owner has closed on property, and preparation for construction continues, groundbreaking to take place in July 2020. Kendall Marketplace: Signature Fitness…Owner remains committed to Yorkville location. Opening will take place in late fall/early winter 2020. Yorkville Crossing: Popeye’s…Construction well underway. Will open in early fall. Gas N Wash: Construction continues…Opening planned for around July 17th. Hiring at this time. Raging Waves Waterpark: Worked very closely with Raging Waves and the State of Illinois to continuously communicate on park’s plan to open, and the State of Illinois requirements during Covid-19. Park is now able to open in Phase 4, and plans to open as soon as possible. When they open, the first 2 days it will open to season pass holders only, and then will be open to public. Fountain Village: The new restaurant called Cocina Madre (which means Mom’s kitchen) in the former Subway space is planning on opening within the next two weeks. Fountain Village: Jay Demarco owner of Kennedy Pointe, Yorkville Pinz, and Roadhouse Rte 47, is preparing to open DeMarco’s Pizza & Pasta in the center in the early winter 2020. It will be located immediately north of TC Liquors in 1,700 square feet, and will offer pickup and delivery options, only. Yorkville Marketplace: Owner of Pho Shack, TJ Nguyen, remains committed to the restaurant location in Yorkville. Opening will take place within the next two weeks. Downtown Yorkville: Mandrake – Small Plates & Libations, is ready to open on July 1st. This new concept from the owners of the former Bella Donna, will offer seasonally inspired small plates, handcrafted cocktails, an exceptional wine. Lynn Dubajic 651 Prairie Pointe Drive, Suite 102 Yorkville, IL 60560 lynn@dlkllc.com 630-209-7151 cell Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number EDC 2020-31 1907 W Veterans Parkway (Ordinance Repeal) Economic Development Committee – July 7, 2020 Details proposed repeal of ordinances 2008-121 and 2012-43 for the property at 1907 W Veterans Parkway Jason Engberg Community Development Name Department SUMMARY: The property at 1907 W Veteran’s Parkway was annexed in 2003 and zoned B-3 General Business District. The property contains a residential house and accessory pole barn building which was originally used for a business. In 2006, the property was purchased by CMP Properties & Development LLC with the intent to use the entire lot for a business use but was unsuccessful and the property remained vacant for 2 years. In 2008, the property owner sought to utilize the buildings as a residence again. Due to the extended period of vacancy, the residential use was no longer permitted within the business district and a variance was requested by the owner. The City granted a variance in 2008 for a period of 4 years. In 2012, the owner sought an extension to that original variance for an additional 8 years to operate the residential use in the business district. It has always been the intent of the current owner to eventually use the property for business as it is currently zoned but would like to utilize the residential building until the property is redeveloped. Since the City revised and adopted a new zoning ordinance in 2014, it established the current residential use as legally non-conforming in that business district. Upon being contacted by the owner seeking an extension, the city attorney has recommended a repeal of the 2012 ordinance which will document the property as a legally non-conforming use. This will also establish that the owner no longer needs to continue to seek variances as long as they maintain the current residential land use. PROPERTY BACKGROUND: Memorandum To: Economic Development Committee From: Jason Engberg, Senior Planner CC: Krysti Barksdale-Noble, Community Development Director Bart Olson, City Administrator Date: May 28, 2020 Subject: 1907 W Veterans Parkway (Ordinance Repeal) PROPERTY LOCATION MAP The approximately 2.92-acre property is located east of Eldamain Road and North of Veteran’s Parkway. It is on the west side of town just north of the Fox Hill subdivision. The current address of the property is 1907 W Veterans Parkway but in previous documents the address was 11925 N Route 34. For purposes of this request, the 1907 W Veterans Parkway address will be used since that is its current mailing address. The parcel is currently zoned as B-3 General Business District and has been zoned as such since it was annexed into the city in 2003 (Ord.2003-75). Currently, the property has both a residential structure and a pole barn once used to house a printing business. In 2006, CMP Properties & Development LLC purchased the property from the original owners and attempted to rent both structures for business uses as permitted in the B-3 zoning district but were unsuccessful and the property remained vacant. In 2008, CMP Properties & Development LLC received inquiries from potential renters seeking to use the property for residential and business purposes, as it originally had been used. However, the residential use was now considered non-conforming under the existing B-3 zoning, since it had not been used as a residence for over twelve (12) months and would be required to conform to the regulations of the current business zoning district per Section 10-2-B of the Yorkville Municipal Code. Being notified of this in a letter by the City dated September 11, 2008, CMP Properties requested relief from the zoning regulations and was granted a variance to allow the residential use to remain on the property for a period of 48 months which was set to expire December 9, 2012. In 2012, an amendment to that ordinance was approved to allow an extension of the variance until December 9, 2020. The property owner contacted staff at the end of April 2020 to determine if he will need to go through the process again. The area has still not redeveloped and he wanted to continue to use the property as a residential use. STAFF RECOMMENDATION: Community Development staff as well as the City Attorney reviewed the previous documents and the current zoning ordinance to determine the process moving forward. Since the City adopted a new and updated zoning ordinance in November 2014, it established a new starting date for all legally non- conforming uses. A legally non-conforming use is a use that is not permitted within that zoning district but was existing at the time of adoption. Therefore, the land use may continue until it becomes vacant (the original reason for the variance) or redevelopment occurs. All regulations regarding these uses may be found in the zoning code in Section 10-15. The owner was made aware that due to the status as a legally non-conforming use, the property no longer requires a variance and in turn an extension period. Staff is recommending to officially repeal the 2012 ordinance to avoid confusion on restrictions tied to the property. Adopting an ordinance repealing this ordinance will also verify that it is currently a legally non-conforming use. It should also be noted that the original 2008 variance does not need to be repealed as the time period for that ordinance has expired. The proposed request does not need Planning and Zoning Commission review and therefore will go straight to City Council after Economic Development Committee Review. It is currently scheduled for the June 23, 2020 City Council agenda. Staff is seeking input from the Economic Development Committee on this request. ATTACHMENTS: 1. Draft Ordinance to Repeal 2. October 30, 2012 EDC Materials 3. Ordinance 2012-43 Ordinance No. 2020-____ Page 1 Ordinance No. 2020-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, REPEALING ORDINANCE 2012-43 PERTAINING TO A VARIATION GRANTED FOR THE PROPERTY LOCATED AT 11925 ROUTE 34 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 City adopted Ordinance 2012-43 entitled AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, EXTENDING A VARIANCE FOR CMP PROPERTIES AND DEVELOPMENT, LLC AT 11925 ROUTE 34, YORKVILLE on November 12, 2012, said property being legally described on Exhibit A attached hereto (the “Property”) and, WHEREAS, in 2014, the City revised its zoning ordinance thereby re- designating the Property as a legal non-conforming use eliminating the need for any variance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Ordinance 2012-43 adopted November 15, 2012, be and is hereby repealed and the Property is hereby deemed to be a legal non-conforming use subject to the provisions of Section 10-15-2 of Title 10, Chapter 5 of the City’s Zoning Code. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ______ day of _______________, 2020. CityClerk KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of _______________, 2020. Mayor Attest: City Clerk Exhibit A Legal Description of the Property Petitioner’s Request The Petitioner is seeking to amend Ordinance 2008-121 which granted the subject property a variance from Section 10-10-2B of the Zoning Ordinance allowing for the reinstatement of a non- conforming residential use on a parcel zoned within a business district. The requested amendment would extend the expiration of the variance an additional eight (8) years, or until December 9, 2020. Property Background The approximately 2.92-acre property located at 1907 W. Veterans Parkway (formerly 11935 Rte. 34) just east of the intersection of US 34 and Eldamain Road was annexed into the city in 2003 via Ordinance 2003-75 and is zoned B-3 Service Business District. Currently, the property has both a residential structure and a pole barn once used to house a printing business. In 2006, CMP Properties & Development LLC purchased the property from the original owners and attempted to rent both structures for business uses as permitted in the B -3 zoning district but were unsuccessful and the property remained vacant. In 2008, CMP Properties & Development LLC received inquiries from potential renters seeking to use the property for residential and business purposes, as it originally had been used. However, the residential use was now considered non-conforming under the existing B-3 zoning, since had not been used as a residence for over twelve (12) months and would be required to conform to the regulations of the current business zoning district per Section 10-2-B of the Yorkville Municipal Code. Being notified of this in a letter by the City dated September 11, 2008 (see attached), CMP Properties requested relief from the zoning regulations and was granted a variance via Ordinance 2008-121 to allow the residential use to remain on the property for a period of 48 months which is set to expire December 9, 2012. An extension of the current variance is being requested as the economy has yet to fully recover and the continued use the residential structure as a residence continues to be the most viable option for the property until redevelopment occurs. Staff Recommendation Staff is supportive of the Petitioner’s request for time extension. Additionally, staff and the City Attorney have reviewed the procedural aspects of this matter since the original request was heard by the Zoning Board of Appeals prior to receiving City Council approval , and we are comfortable with recommending an amended ordinance approved by the City Council to extend the expiration date. Should the Economic Development Committee be favorable to the request, this item will be placed on an upcoming City Council meeting agenda and a draft ordinance will be provided. Representatives from CMP Properties & Development LLC, as well as staff, will be available at Monday night’s meeting to address questions from the committee . Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: October 30, 2012 Subject: CMP Properties – 1907 W. Veterans Parkway Requested Amendment to Extend Variance Ordinance 2008-121 119311907W Veterans Pkwy tu34 5UnitedCityofYorkvilleGIS Parcel Data and Aerial Photography Provided By Kendall County GIS The Data is provided without warranty or any representation of accuracy, timeliness, or completeness. It is the responsibility of the Requester” to determine accuracy, timeliness, completeness, and appropriateness of its use. The United City of Yorkville makes no warranties, expressed or implied, to the use of the Data. STATE OF ILLINOIS ss. COUNTY OF KENDALL Ordinance No. 2008 -1t AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A VARIANCE FOR CMP PROPERTIES AND DEVELOPMENT, LLC AT 11925 ROUTE 34, YORKVILLE 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, under Section 11 -13 -5 of the Illinois Municipal Code (65 ILCS 5/1 -1 -1 et seq.), the Mayor and City Council, (the "Corporate Authorities ") are authorized to vary the zoning regulations as applicable to properties within a zoning district; and, WHEREAS, pursuant to the Zoning Code, the property at 11925 Route 34, Yorkville, Illinois the "Subject Property "), legally described in Exhibit A, attached and made a part of, is located in a Service Business (B -3) Zoning District; and, WHEREAS, the Corporate Authorities have received an application for a variance for the Subject Property to reinstate a residential use of the property after non -use as a residence for at least 12 months contrary to the requirements of Section 10 -10 -2B of the Zoning Code; and, WHEREAS, a legal notice was published announcing a public hearing before the Zoning Board of Appeals in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the date set for the public hearing; and, WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property identified for the variance was delivered by certified mail; and, WHEREAS, the Zoning Board of Appeals reviewed the standards for a variance as set forth in Section 10- 14 -5(C) which provide that: 1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out; 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are, not applicable, generally, to other property within the same zoning classification; 3. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and, 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood; and, WHEREAS, upon conclusion of its public hearing, the Zoning Board of Appeals found that the standards in Section 10- 14 -5(C) of the Zoning Code had been met and recommended approval of the variance with a condition that the variance approval expire within 48 months. 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. Section 2. The Corporate Authorities hereby approve the application for a variance for the property located at 11925 Route 34, Yorkville, Illinois, to reinstate the residential use for a period not to exceed 48 months. Section 3. 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 7)ECE -M bEIP- A.D. 2008. Y ERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER r WALLY WERDERICH GARY GOLINSKI T MARTY MUNNS T ROSE SPEARS T BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of l)E 1L !M 6Ek 2008. MAYOR 2 Exhibit A Legal Description of Subiect Property THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE WEST LINE OF SAID SECTION 19 AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID CENTER LINE, 503.76 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID CENTER LINE, 134.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 38197.20 FEET; THENCE EASTERLY ALONG SAID CENTER LINE CURVE, A DISTANCE OF 275.36 FEET TO A POINT WHOSE CHORD BEARS SOUTH 84 DEGREES 23 MINUTES 16 SECONDS EAST, 275.36 FEET; THENCE NORTH 02 DEGREES 38 MINUTES 07 SECONDS EAST, 388.32 FEET; THENCE NORTH 87 DEGREES 21 MINUTES 53 SECONDS WEST, 404.14 FEET; THENCE SOUTH 03 DEGREES 02 MINUTES 53 SECONDS WEST, 317.64 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 05 DEGREES 23 MINUTES 28 SECONDS WEST, 50.00 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, EXCEPT THAT PART CONVEYED FOR HIGHWAY PURPOSES IN DOCUMENT 96- 12792, KENDALL COUNTY, ILLINOIS. 3 LE--1 fa a 7 a 22.11 D i -& 7C E E L 4 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2012-43 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING ORDINANCE 2008-121 BY EXTENDING THE EXPIRATION DATE OF THE VARIATION GRANTED BY SAID ORDINANCE FOR THE PROPERTY LOCATED AT 11925 ROUTE 34 Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 13t"day of November, 2012 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on November 20, 2012. Ordinance No. 2012- J43 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING ORDINANCE 2008-121 BY EXTENDING THE EXPIRATION DATE OF THE VARIATION GRANTED BY SAID ORDINANCE FOR THE PROPERTY LOCATED AT 11925 ROUTE 34 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 City adopted Ordinance 2008-121 entitled AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A VARIANCE FOR CMP PROPERTIES AND DEVELOPMENT, LLC AT 11925 ROUTE 34, YORKVILLE on December 9, 2008 for the property legally described on Exhibit A attached hereto and made a part hereof by reference (the "Property"); and, WHEREAS, said variance reinstated a nonconforming residential use of the Property after abandonment of the residential use for more than 12 months and conditioned approval of the variance that the variance would expire within 48 months of its approval; and, WHEREAS, CMP Properties and Development LLC have used said Property for a residential use and have requested that said condition of expiration be extended for an additional 8 years until December 9, 2020; and, WHEREAS, The Mayor and City Council have reviewed said request and have determined that based on the type and pace of development of the Property that continuation of the variance allowing the existing residential use to continue will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the Property is located. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Ordinance 2008-121 adopted December 9, 2008 be and is hereby amended by amending Section 2 to read as follows: The Corporate Authorities hereby approve the application for a variance for the property located at 11925 Route 34, Yorkville, Illinois to reinstate the nonconforming residential use for a period of time not to exceed December 9, 2020." Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No. 2012J4 Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 15 day of t oVEI BE'e.. A.D. 2012. bEPuT"y CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH V JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER V LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this /57 day of hloyam gZ.P, 2012. M R Ordinance No. 2012-q3 Page 3 EXHIBIT A Legal Description of the Property THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE WEST LINE OF SAID SECTION 19 AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID CENTER LINE, 503.76 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST ALONG SAID CENTER LINE, 134.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 38197.20 FEET; THENCE EASTERLY ALONG SAID CENTER LINE CURVE, A DISTANCE OF 275.36 FEET TO A POINT WHOSE CHORD BEARS SOUTH 84 DEGREES 23 MINUTES 16 SECONDS EAST, 275.36 FEET, THENCE NORTH 87 DEGREES 21 MINUTES 53 SECONDS WEST, 404.14 FEET; THENCE SOUTH 03 DEGREES 02 MINUTES 53 SECONDS WEST, 317.64 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 05 DEGREES 23 MINUTES 28 SECONDS WEST, 50.00 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, ECEPT THAT PART CONVEYED FOR HIGHWAY PURPOSES IN DOCUMENT 96-12792, KENDALL COUNTY, ILLINOIS. Ordinance No. 2012-4:6 Page 4 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #6 Tracking Number EDC 2020-32 Urban Chickens Economic Development Committee – July 7, 2020 Bart Olson Administration Name Department A discussion will take place at the meeting. Background: Over the past few months, the Building Department has fielded several complaint calls regarding chickens and/or ducks being kept on residentially zoned property within the City of Yorkville. The City’s current interpretation of City Code is that “fowls” are permitted on residential properties as they are considered “Domestic Animals” defined as “[d]ogs, cats and any other types of animals or fowl normally maintained as a household pet or guardian” in Section 5-2-1 of the Municipal Code. The Wikipedia definition of “fowl” states that “fowl is a word for birds in general, but usually refers to birds belonging to one of two biological orders, namely the gamefowl or landfowl (galiformes) and waterfowl (anseriformes). Galiformes are further defined as “an order of heavy-bodied ground feeding birds, containing turkey, grouse, chicken, New and Old World quail…” Thus, a chicken can be considered a fowl, being part of the galiformes order, and is thus allowable as a pet within City limits. However, the animal code further defines “agricultural animals” as “livestock, poultry, and other farm animals, and restricts the keeping of “agricultural animals” to A -1 agricultural zoning districts only (Title 10, Chapter 9 of the zoning code). Poultry is defined by Wikipedia as “a category of domesticated birds kept by humans for the purpose of collecting their eggs, or killing their meat and/or feathers.” The difference between the definitions of “fowl” and “poultry” and the restrictions of each in the City Code leads us to interpret that chickens as pets in residential districts are acceptable, but they may not be used for collecting eggs, feathers, or for their meat. The simplified policy questions for the City Council is 1) whether chickens and ducks may be kept as domestic pets in residential areas, and 2) whether chickens may be used for agricultural purposes in residential districts, as described below. Research & Analysis: Urban Chickens”, as they are referred to, are defined as chickens which residents keep in backyard or home zoned for residential purposes as a pet or for the purpose of laying eggs for consumption. They are often times viewed by the owners as a means of sustainability and an alternative to buying eggs. With the growth of the urban chicken movement throughout the state a number of cities have decided to adopt various laws either for or against urban chickens. In our analysis staff identified thirty-three (33) such municipalities of similar size and located within our region (refer to attached chart). In summation, 13 of these cities do not have a specific ordinance related to urban chickens and 13 have a direct ban on any chickens in a residentially zoned area. The remaining seven (7) have Memorandum To: Committee of the Whole From: Jeff Weckbach, Administrative Intern Krysti J. Barksdale-Noble, Community Development Director Bart Olson, City Administrator Date: August 1, 2012 Subject: Urban Chickens Committee of the Whole Packet - August 14, 2012 EDC 2012-38 specific requirements in relation to how many, the distance the chickens must be kept from other buildings, and the size of the property in order for chickens to be allowed. In the City Council’s consideration of whether an ordinance permitting the possession of chickens on residential property for agricultural purposes is appropriate, staff has prepared the following analysis of the surveyed communities’ regulations which can be used as a basis for discussion: Number of chickens: 1 allows for a maximum of 10 per lot (but requires a minimum lot size of 5 acres) 2 allow them for a maximum of 8 chickens per lot 2 allow them for a maximum of 4 chickens per lot 2 did not have a maximum limit on the chickens other than the overall limit on animals Distance from next residence: 1 listed the a minimum of 200 feet from the nearest parcel of land or street 1 listed the a minimum of 30 feet from the nearest parcel of land or street Summary: Staff is seeking formal direction from the Committee of the Whole if an amendment to our current ordinance is needed to further define, permit and regulate urban chickens within the city, or if they are already permissible under our current regulations. If it is the concurrence of the Committee that an amendment is necessary, staff and the City Attorney will prepare the appropriate ordinance language per your direction and present it at a future City Council meeting for approval. Chapter 2 ANIMALS 5-2-1: DEFINITIONS: As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section: AGRICULTURAL ANIMAL: Livestock, poultry, and other farm animals. AT LARGE: Any animal shall be deemed to be at large when it is off the property of its owner and not under the control of a responsible person, or on the property of his owner and neither under the control of a responsible person nor under restraint. DANGEROUS DOMESTIC ANIMAL: Any domestic animal when unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal in a public place. DANGEROUS/EXOTIC ANIMAL: A lion, tiger, leopard, ocelot, cougar, jaguar, panther, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, bison, hyena, wolf, coyote, jackal, wild dog, any poisonous or life threatening reptile, monkey, gorilla, chimpanzee, or other nonhuman primate, any rodent weighing more than one pound with the exception of guinea pigs, any noncanine animal not native to North America and which can attain a weight of two hundred (200) pounds, or any feline animal which can attain a weight in excess of forty (40) pounds. DOG: All members of the canine family. DOMESTIC ANIMAL: Dogs, cats, and any other types of animals or fowl normally maintained as a household pet or guardian. IMPOUND: To take into the custody of the city police department or animal control officer. INOCULATION AGAINST RABIES: The injection, subcutaneously or otherwise, of antirabic vaccine as approved by the department of agriculture of the state of Illinois. OWNER: Any person who has a right of property in an animal, or who keeps or harbors an animal, or who has an animal in his/her care, or who acts as custodian of an animal, or who knowingly permits an animal to remain on or about any premises occupied by him/her. PERSON: Any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, or any municipal corporation or political subdivision of the city. RESPONSIBLE PERSON: A person who is familiar with the animal and has the size and Page 1 of8SterlingCodifiers, Inc. 2/23/2012http://www.sterlingcodifiers.com/codebook/printnow.php AGRICULTURAL ANIMAL: Livestock,poultry, and other farm animals. experience to be able to keep the animal under complete control at all times. RESTRAINT: An animal is under restraint if it is confined by a fence of sufficient height and security (which may be an electronic invisible fence system) to prevent it from leaving the encompassed area, on a leash under the control of a responsible person, or on a leash securely fastened to an inanimate object and of a length which prevents it from leaving the property of its owner or keeper. SERIOUS INJURY: Any physical injury that results in broken bones, lacerations, wounds, or skin punctures that require medical treatment. VICIOUS DOMESTIC ANIMAL: Any domestic animal that, without justification, attacks a person and causes serious physical injury or death or any individual animal that has been found to be a "dangerous domestic animal" upon three (3) separate occasions. (Ord. 2009- 08, 2-10-2009; amd. Ord. 2009-25, 4-28-2009) 5-2-2: ANIMAL CONTROL OFFICER: The mayor, with the advice and consent of the city council, shall have the authority to appoint an animal control officer and an assistant animal control officer whose duties shall be the enforcement of this chapter. Any reference to the animal control officer in this chapter shall also mean the assistant animal control officer. (Ord. 2009-08, 2-10-2009) 5-2-3: DANGEROUS/EXOTIC ANIMALS: A. No person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his possession any dangerous/exotic animal within the corporate limits of the city. B. This section shall not apply to a properly maintained zoological park, federally licensed exhibit, circus, scientific or educational institution, research laboratory, veterinary hospital, kennels, pounds, or animal refuge in an escape proof enclosure. C. It is no defense to a violation of this section that the violator has attempted to domesticate the dangerous/exotic animal. Page 2 of8SterlingCodifiers, Inc. 2/23/2012http://www.sterlingcodifiers.com/codebook/printnow.php D. If there appears to be imminent danger to the public, any dangerous/exotic animal found not in compliance with the provisions of this section shall be impounded and may immediately be placed in an approved facility. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. E. Upon the conviction of a person for a violation of this section, the animal with regard to which the conviction was obtained shall be impounded and placed in an approved facility, with the owner thereof to be responsible for all costs connected with the seizure and confiscation of such animal. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. (Ord. 2009-08, 2-10-2009) 5-2-4: DOMESTIC ANIMALS: A. Rabies Inoculation1: Any domestic animal, which the Illinois department of agriculture requires to be inoculated against rabies, must be inoculated against rabies in order to be owned or maintained in the city. B. Collar And Tags: Any dog within the corporate limits of the city shall wear a collar or harness with a suitable tag bearing the inscription of the name, address and phone number, if any, of the owner. C. Running At Large: No domestic animal shall be permitted to run at large, with or without a tag fastened to its collar, within the corporate limits of the city. Any domestic animal found upon any public street, sidewalk, alley or any unenclosed place shall be deemed running at large unless the domestic animal is firmly held on a leash or is in an enclosed vehicle. D. Dangerous Domestic Animals Or Vicious Domestic Animals: 1. The city police department or animal control officer is authorized to investigate any report of a dangerous or vicious domestic animal and make a determination, as to whether such animal is dangerous or vicious. Within five (5) days of such determination, a notice of ordinance violation must be issued to the owner in accordance with title 1, chapter 14 of this code. 2. Any domestic animal which exhibits any of the following behaviors shall be deemed dangerous: Page 3 of8SterlingCodifiers, Inc. 2/23/2012http://www.sterlingcodifiers.com/codebook/printnow.php Running At Large: No domestic animal shall be permitted to run at large, with or without aggpg, tag fastened to its collar, within the corporate limits of the city. Any domesticanimalg,p yy found upon any public street, sidewalk, alley or any unenclosed place shall bedeemedpyp , ,yyp running at large unless the domestic animal is firmly held on a leash or is in an enclosedg vehicle. a. Causing an injury to a person or animal that is less severe than a serious injury; b. Without provocation, chasing or menacing a person or animal in an aggressive manner; c. Running at large and impounded or owner receiving notices of ordinance violations two (2) or more times within any twelve (12) month period; d. Acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape; or e. Attempts to attack any person or animal if it is restrained by a leash, fence, or other means and it is clear that only the presence of the leash, fence, or other means of restraint is preventing the domestic animal from immediate attack. 3. No domestic animal shall be declared dangerous or vicious if: a. The animal was used by a law enforcement official for legitimate law enforcement purposes; b. The threat, injury, or damage was sustained by a person: 1) Who was committing, at the time, a wilful trespass or other tort upon the premises lawfully occupied by the owner of the animal; 2) Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown or have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or 3) Who was committing or attempting to commit a crime. c. The animal was: 1) Responding to pain or injury, or was protecting itself, its offspring; or 2) Protecting or defending a person within the immediate vicinity of the animal from an attack or assault. 4. If a domestic animal is deemed dangerous or vicious, the city police department or animal control officer may require: a. Special security or care requirements; b. Impoundment until satisfied that the owner will maintain the dangerous or vicious domestic animal on the owner's property except for medical treatment or examination; post a clearly visible written warning that there is a dangerous or vicious domestic animal on the premises (visible from a distance of 50 feet); or c. Order humane dispatch of the dangerous or vicious domestic animal, pursuant to the humane euthanasia in animal shelters act2, upon a finding that the owner has failed to abide by the established conditions of security. Page 4 of8SterlingCodifiers, Inc. 2/23/2012http://www.sterlingcodifiers.com/codebook/printnow.php 5. In the event of impoundment of a dangerous or vicious domestic animal, the animal shall not be released until satisfaction of the following: a. The owner of the dangerous or vicious domestic animal proves that the owner is a responsible person; b. The dangerous or vicious domestic animal has a current rabies vaccination, where applicable; c. The owner has a proper enclosure to prevent the entry of any person or animal and the escape of said dangerous or vicious domestic animal; d. The dangerous or vicious domestic animal has been spayed or neutered; e. The dangerous or vicious domestic animal has been implanted with a microchip containing owner identification information. The microchip information must be registered with the animal control authority of the jurisdiction; and f. The dangerous or vicious domestic animal owner shall enter the animal in a socialization and/or behavior program approved by the city. 6. It shall be unlawful for an owner of a dangerous or vicious domestic animal to: a. Permit the animal to be outside a proper enclosure unless under the control of a responsible person, muzzled, and restrained by a lead not exceeding four feet (4') in length; the muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal; b. Fail to maintain a dangerous or vicious domestic animal exclusively on the owner's property, except as required for medical treatment or examination. When removed from the owner's property for medical treatment or examination, the dangerous or vicious domestic animal shall be caged or under the control of a responsible person, muzzled and restrained with a lead not exceeding four feet (4') in length, and having a tensile strength of at least two hundred (200) pounds. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal; c. Fail to notify the city police department: 1) immediately upon escape if a dangerous or vicious domestic animal is on the loose, is unconfined, has attacked another domestic animal, has attacked a human being, 2) within two (2) business days if the animal has died, and 3) within twenty four (24) hours if the animal has been sold or has been given away. If the dangerous or vicious domestic animal has been sold or given away, the owner shall also provide the city police department with the name, address, and telephone number of the new owner of the dangerous or vicious domestic animal; d. Fail to surrender a dangerous or vicious domestic animal for safe confinement pending a hearing when there is a reason to believe that the dangerous or vicious domestic animal poses an imminent threat to public safety; or Page 5 of8SterlingCodifiers, Inc. 2/23/2012http://www.sterlingcodifiers.com/codebook/printnow.php e. Fail to comply with any special security or care requirements for a dangerous or vicious domestic animal determined by the city police department or animal control officer. 7. Any dangerous or vicious domestic animal running at large in the streets or public places of the city or upon private premises of any other person not the owner, shall be impounded in the manner provided by this chapter; provided, however, that if a dangerous or vicious domestic animal found at large cannot be safely impounded, that animal may be slain by any city police officer. E. Disturbing The Peace; Nuisance: 1. Any domestic animal within the corporate limits of the city which is continuously barking, howling, or whining, or making other distressing or loud or unusual noise on a consistent basis, or in any other manner disturbing the peace or quiet of any place, neighborhood, family, or person within the corporate limits of the city, may hereby be declared a nuisance. 2. Upon complaint being made to the animal control officer or city police department, or upon a citizen of the city signing a written complaint with the city police department, said animal control officer or the city police department shall thereafter notify the owner or person having possession of such domestic animal, or the owner or occupant of the premises on which such domestic animal may be kept, that a complaint has been made. The person so notified shall immediately upon receipt of such notice abate the nuisance. F. Animal Waste: It shall be unlawful for any owner to allow a domestic animal to defecate on private property, without permission of the property owner, or any public street, sidewalk or park without properly disposing of such waste in a trash receptacle. G. Impoundment And Redemption Procedures: 1. Impoundment: Any domestic animal found upon any public street or highway within the corporate limits of the city running at large shall be impounded and shall be boarded at any existing or available animal control facility. If such domestic animal shall not have been redeemed within five (5) days after being impounded, it shall be humanely dispatched in the manner prescribed in this section. 2. Notice Of Impoundment: Upon impoundment, the animal control officer or the city police department shall notify the owner, if known, by telephone or mail, of such impoundment, and shall cite the owner of the domestic animal to answer charges of violation of this chapter. 3. Registry: The city police department or animal control officer shall immediately upon impounding any dangerous or vicious domestic animal make a complete registry thereof, entering the breed, color and sex of such animal and whether licensed, if Page 6 of8SterlingCodifiers, Inc. 2/23/2012http://www.sterlingcodifiers.com/codebook/printnow.php known; and if licensed, shall enter the name and address of the owner or keeper and the number of the license tag, if known, and if bearing an inoculation tag the number of such tag shall be recorded. 4. Adoption And Redemption Of Domestic Animals; Fees: If the owner of any domestic animal impounded hereunder is unknown, such domestic animal shall be boarded for a period of five (5) days, and thereafter, if no claim has been made for such domestic animal, shall be humanely dispatched in accordance with this section; or released to any person desiring to adopt said domestic animal upon payment of a fee to be specified by the animal control officer, city police department, or the Kendall County animal control department; said fees to be paid during normal business hours at the city police department or the Kendall County animal control department. 5. Unclaimed Domestic Animals: Efforts shall be made hereunder to find suitable homes for any unclaimed domestic animals or domestic animals whose owners are unknown, either directly by the animal control officer or with the assistance of the animal welfare league. 6. Method Of Humane Dispatch: Whenever it shall become necessary to humanely dispatch a domestic animal, the method of humane dispatch shall be pursuant to the humane euthanasia in animal shelters act3. 7. Fees: The owner shall pay all fees charged for the impoundment of any animal under the provisions of this chapter. 8. Redemption Of Domestic Animal Not Inoculated Against Rabies: Any impounded domestic animal which has not been inoculated against rabies as required under this chapter, shall not be released to its owner until the animal is properly inoculated. 9. Humane Dispatch When Rabies Suspected: In the event an authorized health officer determines that there is or exists the danger of rabies, any impounded animal so endangered may be destroyed after a period of twenty four (24) hours of impoundment. (Ord. 2009-08, 2-10-2009) 5-2-5: AGRICULTURAL ANIMALS: A. Agricultural animals are prohibited within the corporate limits of the city, unless they are confined within an enclosure on land zoned A-1 agricultural zoning district, in accordance with title 10, chapter 9 of this code. (Ord. 2009-08, 2-10-2009) 5-2-6: RESISTING OR INTERFERING WITH OFFICERS: It shall be unlawful for any person to molest, resist, interfere with, hinder or prevent any city Page 7 of8SterlingCodifiers, Inc. 2/23/2012http://www.sterlingcodifiers.com/codebook/printnow.php Agricultural animals are prohibited within the corporate limits of the city, unless they aregppy, y confined within an enclosure on land zoned A-1 agricultural zoning district, inaccordanceg with title 10, chapter 9 of this code. (Ord. 2009-08, 2-10-2009) police officer or animal control officer, or person in the discharge of the duties or powers conferred upon them by this chapter. (Ord. 2009-08, 2-10-2009) Page 8 of8SterlingCodifiers, Inc. 2/23/2012http://www.sterlingcodifiers.com/codebook/printnow.php MINUTES OF THE COMMITTEE OF THE WHOLE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,AUGUST 14, 2012, 7PM Mayor Golinski called the meeting to order at 7:00pm and led the attendees in the Pledge of Allegiance. ROLL CALL Ward I Vacant Absent Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present City officials present: Mayor Gary Golinski, City Administrator Bart Olson, City Attorney Kathleen Orr, Public Works Director Eric Dhuse, Community Development Director Krysti Barksdale-Noble, Director of Finance Rob Fredrickson, Director of Parks and Recreation Laura Schraw, Chief of Police Rich Hart, Deputy Chief Don Schwartzkopf, Code Official Peter Ratos, EEI Engineer Brad Sanderson, Administrative Intern Jeff Weckbach Other Guests: Lynn Dubajic-YEDC, Steve Lord-Beacon News, Tony Scott-Kendall County Record, Jillian Duchnowski-Yorkville Patch. See also guest lists. PRESENTATIONS: 1. Ribs on the River Winners Mayor Golinski presented plaques to the winners of the Ribs on the River contest and he reported positive feedback from this contest. 2. Knights of Columbus Recreation Scholarship Marty Reynolds of the Knights of Columbus was presented a certificate of appreciation for a Special Recreation Fund scholarship for disabled children in Yorkville. Mr. Reynolds also presented a $500 check to assist disabled children in the City. 3. RFP Opening for 201 W. Hydraulic (Old Post Office) One bid package was received and Mr. Olson read it aloud during the meeting. The letter was from 3 Angels Brewing and was not an actual bid. No further action. Minutes of the Committee of the Whole–August 14, 2012–Page 2 of 8 4. City Services Survey The results of this survey were compiled and presented by Administrative Intern Jeff Weckbach. He noted there were 530 responses and 900 comments and he highlighted some of the statistics: 1. 50% of the respondents were over 50 years of age 2. 75% of respondents were in their first 10 years in the City 3. 67% had lived in a different western suburb 4. Traffic flow, street maintenance and property maintenance were of most concern along with communication with elected officials. Maintenance of streets was of great concern with negative comments about snowplows moving too fast and hitting mailboxes. 5. Rated best services were quality of police department, police response time garbage service 6. More police and improved snow removal were most desired 7. The major sources of news are Kendall County Record, utility bills and City newsletter(newsletter discontinued at this time, might be brought back). 8. Shoppers were asked what type of businesses they would like to see with 1/3 answering they wanted restaurants, grocers, specialty shops and other major businesses. 9. Improvement suggestions were: lower taxes, development, vibrant downtown S. Aurora Area Convention and Visitors Bureau Mr. Chris Hamilton, Executive Director of the Bureau gave a presentation and asked the Council to commit to a 5-year agreement. The Bureau is funded by transient room taxes and serves 5 counties. He said the Visitor's Guide has a half page ad for Yorkville this year and will be increasing the size to a full page. While the Bureau still does print ads, web ads are very important and recent promo ads listed several Yorkville events. Social media plays a large part in their tourism efforts as well. Kiosks will be built in various locations including the Aurora Transportation Center and he will work with the City to determine locations in Yorkville. He noted that Alderman Chris Funkhouser is the Yorkville representative. CITIZEN COMMENTS: None MINUTES FOR APPROVAL: 1. July 9, 2012 Adhoc Committee for Recreation Facility Alternatives Alderman Kot said there were 2 comments attributed to him that he didn't think he had made. He asked that the minutes be returned to the minute taker for review and revision. 2. July 10, 2012 Committee of the Whole Alderman Spears noted on page 2, 2nd paragraph from the bottom—Ashley Flint does not support. Minutes of the Committee of the Whole—August 14, 2012—Page 3 of 8 Also on page 3, 2nd paragraph, Terry Hancock was the Naperville Humane Society representative. Alderman Colosimo referred to the bottom of page 3--he wants it made clear in minutes that he was in favor of doing more research into exotic pets. He also wanted it made clear in the minutes, the Aldermen who were for or against more research and how the committee decided not to proceed with the research. He asked that the minutes be revised and brought back for another review. ECONOMIC DEVELOPMENT COMMITTEE ITEMS: New Business: 1. EDC 2012-33 Aurora Area Convention and Visitors Bureau (AACVB)Agreement It was noted that Yorkville has been a member of the AACVB since 1990. Alderman Colosimo expressed some reservations saying that after 5 years with the Bureau, he feels the City is getting no return on the investment. He said the website coverage of Yorkville was very minimal and he would not vote for a 5-year agreement. The contract length is too long commented Alderman Munns and he would like a shorter commitment. Alderman Milschewski asked where the tourism booklets are found and that$45,000 is too much. The booklets are currently found in lodging in the City, at the Chamber and YEDC to name a few. Grant opportunities were questioned by Alderman Teeling. The Bureau would assist the City with this and it was noted they helped with the grant for the old jail. She also noted the City receives about $51,000 in hotel tax. Alderman Funkhouser said he is the Board liaison with the Visitor's Bureau and stated that he has seen improvement since Mr. Hamilton became the Director. He asked the committee to consider a 2-3 year contract and said that the City can't get the same reach without AACVB. He said other communities are looking at shorter terms also. Alderman Kot said 5 years is too long and suggested a 2-year contract. Mr. Hamilton said his Board of Directors would have to decide if they would accept that. Mr. Kot noted the City had been with the Bureau for 20 years. Another concern was voiced by Alderman Spears. She said Yorkville contributes a large share of the money but only has one representative on the Board. She would not support more than a 2-year contract. A breakdown of contributions from each community or a ranking by community was requested by Alderman Milschewski. Mr. Hamilton said Yorkville and Sandwich are the largest contributors next to Aurora. Minutes of the Committee of the Whole—August 14, 2012—Page 4 of 8 Alderman Munns asked why other towns have more than one representative,but Yorkville only has one. Hamilton said each town has 1 rep and other Board members come from the Chambers of Commerce. He said the Board is in the process of re- structuring the by-laws that govern this. Munns said Yorkville pays the 2nd highest amount but, the City has the same voting privileges as someone who contributes less. He also questioned why Forest Preserve/County Board members are AACVB Board members when they have no revenue-producers. Munns said he would not support a 5- year contract. Mayor Golinski said AACVB provides a good service, but questioned if the City could do better internally. He has been approached by a local business that said the City is under-represented and they could do a better job. The Mayor will meet with them next week. He asked Mr. Hamilton to advise the AACVB that the Council is not in favor of a 5-year contract. Ms. Milschewki suggested talking with Oswego who uses a private firm for their tourism. Alderman Colosimo asked if tourism money can be rolled over from year to year if the entire amount is not spent that year. Attorney Orr will research the legality. In summary, Mr. Hamilton will ask his Board about a shorter contract for the City. The Mayor will meet with the other media firm next week and the item will move forward, however, there will be more discussion. 2. EDC 2012-3 Swanson Lane Estates—Plat of Vacation This item is to vacate the final plats and reduce the Letters of Credit. Mr. Colosimo commented this could help promote a possible sale. This will move to the consent agenda. 3. EDC 2012-35 Existing Home Sales Incentive Program After an extension of the B.U.I.L.D. program, it was discussed how the City could possibly help with foreclosed homes. Other parts of the country are using some loan programs to help promote sales. Alderman Munns said the City should not be in the banking business, but lowering fees is a way the City helps. Administrator Olson said if the committee was in favor of such assistance, the City would have to budget for this. One city that does offer assistance does not use City money, but uses grants, etc. 4. EDC 2012-36 Kendallwood Estates Development Agreement Amendment Alderman Spears noted that in the past, there had been flooding on the north side of Van Emmon and said that property owners there be notified of the proposed amendment. Mr. Olson said the City could do that and said that the affected homes are in the floodway. Carlo Colosimo agreed with Ms. Spears and said this is part of the process of communication the City needed to do. Approximately 12 residents will be notified. This item will come back for discussion in 2 weeks. Minutes of the Committee of the Whole—August 14, 2012— Page 5 of 8 S. EDC 2012-37 Downtown Brownfields Study Phases 1 and 2 were completed in the past on the former F. S.property. There are new owners at this time and they want phase 3 completed. The environmental cleanup is TIF eligible. Mayor Golinski said the City should move forward due to the TIF funds. Alderman Colosimo said he has gotten comments from residents who think the City is paying for the phase 3 cleanup. He said 2 of the 3 property owners are benefiting even though they did not contribute. Mayor Golinski commented that overall the City wants to move forward with downtown development. Mr. Olson said the proposals received have to be reviewed by Attorney Orr and will be available at the next meeting. Mr. Kot verified that the entire amount the City is spending would come from the TIF funds. This item moves to the next City Council meeting regular agenda in 2 weeks. 6 EDC 2012-38 Urban Chicken Regulations Alderman Colosimo said he had been approached by residents wondering if chickens are legal in the City. His interpretation of the ordinance is that they are not legal. Mr. Olson said about 6 homes have pet chickens. After a brief discussion, the Aldermen said they were not in favor in allowing them in the City. Ms. Milschewski commented there is a fine line between a pet and farm animal. Mr. Olson said inspections had been done by the City and half the chickens were indoor pets. Ms. Orr suggested no further action unless it becomes a problem. 7. EDC 2012-39 Old Post Office Property RFP No discussion was held since there were no bids. PUBLIC SAFETY COMMITTEE ITEMS: New Business 1. PS 2012-19 Disposal of Property Chief Hart submitted a list of outdated and old police equipment including light bars, old computers and radios. It was noted that hard drives will be removed. Mayor Golinski asked how the equipment would be disposed of. Auctioneers will be contacted, ads could be placed and some items may be scrapped. It was also suggested that citizens could bid on some of the items. It was noted that City employees could bid on property at open auctions. Mr. Olson said City Council authorization would be needed to dispose of the property. This will move forward to the City Council. 2. PS 2012-20 Golf Carts in Subdivisions Alderman Colosimo said this item came from citizens from his Ward, who were unable to attend this meeting. He asked to pull this item from the agenda and move it to the next Public Safety committee meeting. Minutes of the Committee of the Whole—August 14,2012— Page 6 of 8 Old Business 1. PS 2012-16 L igh to ing Detectors for City Parks Laura Schraw contacted other companies for bids and reported only 7 companies in the nation sell detectors, but not all deal with municipalities. ThorGuard was the least expensive company with a bid of$38,860. There is currently $52,000 in the lightning detector fund that has to be spent within a certain time. Ms. Schraw said the schools would like to help fund the purchase. Aldermen Kot and Colosimo recommended moving ahead quickly with this purchase. This item will move to the consent agenda. PUBLIC WORKS COMMITTEE ITEMS: New Business: None Old Business: 1. PW 2012-35 Recommendation of Awardfor the 2012 MFT Maintenance Program Mayor Golinski said the bids came back very favorable and$20,000 less than the engineering estimate. There was no discussion and this item moves to the City Council consent agenda. ADMINISTRATION COMMITTEE ITEMS: New Business 1. ADM 2012-44 Appointment of FOIA Officer—Jeff Weckbach Mr. Weckbach has taken the training and will be a backup for FOIA requests. This will move to the Council consent agenda. Old Business: None MAYOR'S REPORT: New Business: 1. COW 2012-02 Kendall County 911 Referendum Mayor Golinski received a call from Oswego Village President LeClerq stating he asked the County Board to delay a vote in light of the tax decrease referendum. County Administrator Wilkins asked Mayor Golinski about Yorkville's position on this matter. The City supports a delay in the vote and Alderman Spears said a letter detailing Yorkville's position should be sent. Alderman Colosimo added that it is a moot point, since no referendum to raise taxes would pass. Mayor Golinski also noted that there will be a new County Board in a few months PARK BOARD: New Business: 1. COW 2012-03 Land Cash Recommendation Mayor Golinski said an appraisal had been done and was quite low at $30,000 an acre, down from the current amount of$101,000. The amount can be reduced, however, if the Minutes of the Committee of the Whole—August 14, 2012—Page 7 of 8 Council sees fit. Or the City could take no action now and consider on a case-by-case basis. Colosimo commented that if the city does case-by-case, a developer would be responsible for an appraisal thus allowing for negotiations. Mayor Golinski said the Park Board had discussed this matter and how it would affect annexation agreements in regards to parks. Alderman Teeling asked how many annexation agreements the City currently has. Ms. Schraw referred to a chart with that information and also the number of Letters of Credit. It was noted that the agreements could be re-negotiated. It was the Mayor's opinion that the City has had good press with the B.U.I.L.D. program and any changes should be done on an individual basis. Alderman Funkhouser said $30,000 is too low for what the City needs but, the City is finally moving forward with new development. A correction may be needed in a couple of years. Mr. Munns agreed with Funkhouser and said to leave it the same and see what happens in the next development. If the amount is left as is, Alderman Colosimo said the City would gain leverage and sends a message that the City Council listens. Ms. Spears favored staying with the Park Board recommendation.. In conclusion, it was decided to keep the recommended amount and re-visit this at a later time. ITEMS RECOMMENDED FOR CONSENT AGENDA: 1. PW 2012-46 Water Department Reports for May and June 2012 2. ADM 2012-45 Banking RFP 3. ADM 2012-46 Treasurer's Report for July 2012 4. PS 2012-21 Code Amendments Regarding Disorderly Conduct&Possession of Drug Paraphernalia 5. COW 2012-04 Ordinance Indemnifying Administrative Hearing Officers There was no discussion on any of the items and they will move forward to the next consent agenda. INFORMATIONAL ITEMS: 1. EDC 2012-40 Building Permit Report for July 2012 2. EDC 2012-41 Building Inspection Report Summary for July 2012 3. EDC 2012-42 Property Maintenance Reports for July 2012 4. PS 2012-22 Monthly Police Reports for July 2012 5. PW 2012-47 Road Maintenance Study Update 6. PW 2012-48 River Road Bridge Update 7. ADM 2012-47 Monthly Budget Report for July 2012 8. ADM 2012-48 Mon th ly Cash Statem en t R eportfor Ju ly 2012 No discussion on any of the items. Minutes of the Committee of the Whole—August 14, 2012—Page 8 of 8 ADDITIONAL BUSINESS: Alderman Munns had previously inquired about the poor condition of the pavement between the Moose and BP Amoco. Pete Ratos reported the Moose will have a solution within a month since the pavement will need to re-done, not just repaired. They will be cited if no action is taken. Alderman Kot had some concerns about the parking around Town Square Park. Chief Hart explained the restrictions of the parking and said the department spoke with the person in violation. Mr. Colosimo said he had asked to have the old jail RFP item on the agenda. If the City sells the building, some money will need to be refunded. Alderman Milschewski asked about the nearby parking if the building was sold. This will be discussed in the Executive Session. Mayor Golinski said he had received 4 applications for the vacant aldermanic seat and he intends to name Ken Koch as the replacement. Mr. Koch has served on the Park Board for 12 years. A vote will be taken in an upcoming meeting. At 8:45pm the committee adjourned the regular meeting to enter into Executive Session. Respectfully submitted by Marlys Young, Minute Taker PLEASE SIGN IN MEETING: DATE: NAME BUSINESS NAME OR PLEASE PRINT) SUBDIVISION NAME n L PLEASE SIGN IN MEETING : DATE . NAME BUSINESS NAME OR PLEASE PRINT)SUBDIVISION NAME