COMMITTEE OF THE WHOLE. Tuesday, May 28, :00 p.m. City Hall Council Chambers 109 James Street Geneva, IL AGENDA

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COMMITTEE OF THE WHOLE Tuesday, May 28, 2013 7:00 p.m. City Hall Council Chambers 109 James Street Geneva, IL 60134 AGENDA 1. Call to Order 2. Consider Consent Agenda *3. Approve Committee of the Whole Minutes from May 13, 2013 4. Items of Business a. Recommend Approval of Request by Geneva Running Outfitters Fox Valley Marathon Test Runs Use of Public Parking Lot at Hamilton and Second Street July 20 and August 18, 2013. b. Recommend Approval of Request for Use of Fulton Street Parking Lot by St. Marks Church Car Wash - June 15, 2013. c. Recommend Approval of Request by Geneva Chamber of Commerce for Battle of the Bands Event and Use of Third Street June 17, 2013. d. Recommend Approval of Request by Geneva Public Library Digital Bookmobile to Close Portion of Second Street for Bookmobile Event July 22, 2013. e. Recommend Approval of Special Event Class E Liquor Licenses for Swedish Days June 18 23, 2013. f. Recommend Draft Resolution Granting Easement from The Shodeen Family Property Company, LLC for Utilities at Dodson Townhomes. g. Recommend Draft Resolution Awarding Bid Authorizing Execution of Contract with BG Concrete Inc. in the Amount Not to Exceed $50,000.00 for 2013 Sidewalk and Curb Maintenance Program. h. Recommend Draft Resolution Granting Easement at 810 E. State Street (Valley Animal Hospital) as Part of 2013 Underground Cable Replacement Project. i. Recommend Approval of Certificate of Completion Geneva Bank and Trust. j. Recommend Approvals of Certificates of Acceptance: Fox Valley Institute of Medicine, Dodson 8, Roquette, Living Well Cancer Center and Millard Refrigerated.

COMMITTEE OF THE WHOLE MAY 28, 2013 k. Recommend Draft Resolution Awarding Bid and Authorizing Execution of Contract with DeMar Tree & Landscaping Service Inc. for 2013-14 Tree Trimming. l. Recommend Drat Resolution Awarding Bid and Authorize Purchase of 2013 Replacement Computers from EDC in the Amount of $30,286.00. m. Recommend Draft Ordinance Establishing Application Fees for Plan Commission Hearings Relating to Title 11 (Zoning). n. Recommend Draft Ordinance Allowing A Special Use at 227 East Side Drive to Allow for Continued Use and Expansion of Church in R2 Medium Density Single-Family Residential District. 5. New Business 6. Upcoming Meetings: City Council: June 3, 2013 Committee of the Whole: June 10, 2013 7. Adjournment

COMMITTEE OF THE WHOLE MINUTES MAY 13, 2013 Present: Absent: Also Present: Mayor Burns, Ald. Bruno, Cummings, Jr., Flanagan, Kilburg, Maladra, Marks, Singer, Vogelsberg Ald. Brown McKittrick, Dawkins, VanGyseghem, Mexin, Buffington, Dinges, Untch 1. Call to Order Chairperson Cummings, Jr. called the meeting to order at 7:00pm noting that Ald. Brown was absent. On a motion by Ald. Vogelsberg, second by Ald. Flanagan, Item 7 (Closed Session) was removed from the agenda by unanimous voice vote. 2. Consider Consent Agenda Moved by Ald. Marks, second by Ald. Maladra V/V: 8-0 Motion carried. *3. Approve Committee of the Whole Minutes from April 22, 2013 and Special Committee of the Whole Minutes from April 29, 2013. (Approved on Consent Agenda) 4. Special Items and Presentations a. Recognize Geneva High School Skills USA Participants Geneva High School teacher Ms. Jankovic was present with four of her students who recently participated in the State of Illinois Skills USA competition. Student Olivia Block won 1 st place in her culinary division and will head to the National competition in June. The Mayor congratulated all the students and presented Ms. Block with a city sign that will mark the entrances of town for the next year, noting her recent accomplishment. Jankovic thanked the council for their support. b. Recognize CASA Kane County s 25 th Anniversary Moved by Ald. Vogelsberg, second by Ald. Marks V/V: 8-0 Motion carried. Ms. Hewitt, Dir. of Development at CASA, proudly accepted the proclamation and thanked the city for their ongoing support of their services to the community. c. Recognize Geneva Beautification Committee Volunteers Moved by Ald. Flanagan, second by Ald. Singer V/V: 8-0 Motion carried. Committee of the Whole Minutes May 13, 2013 Page 1

Committee co-chairs Dorothy Flanagan and Sherri Weitl thanked all of their volunteers over the years that have given their time and talent to beautify downtown Geneva. Mayor Burns thanked the committee and the volunteers for their hard work and dedication. d. Presentation on City s Overhead Sewer Grant Program Supt. VanGyseghem provided an overview on the grant opportunities for residents who wish to install an overhead sewer system in their homes. VanGyseghem noted the advantages to homeowners of having this system installed, especially in light of the recent floods. Van Gyseghem urged interested residents to visit the city s web page to download an application and get additional information at: http://www.geneva.il.us/departments/publicworks/construction%20projects/water_projects/overhead_s ewer_project.htm 5. Items of Business a. Recommend Draft Resolution Authorizing Bid Award and Contract to Insituform Technologies USA LLC in the Amount of $113,785.00 for 2013 CIPP Sanitary Sewer Lining. Moved by Ald. Flanagan, second by Ald. Singer V/V: 8-0 Motion carried. b. Recommend Draft Resolution Authorizing Execution of One-Year Contract with A.I.D. for Victim Services Assistance. Moved by Ald. Vogelsberg, second by Ald. Marks Chief Mexin explained the purpose of the program and the associated costs. Mexin stated that having this assistance will help the PD in responding to these types of incidences. AID representative Joanne Furnas was also present to answer questions. V/V: 8-0 Motion carried. c. Recommend Draft Resolution Authorizing Bid Award and Contracts for Annual Purchase of Transformers and Switchgear Moved by Ald. Flanagan, second by Ald. Marks V/V: 8-0 Motion carried. d. Recommend Draft Resolution Authorizing Bid Award and Contracts for Annual Purchase of Cable Moved by Ald. Marks, second by Ald. Singer V/V: 8-0 Motion carried. e. Recommend Draft Resolution Rejecting the January 31, 2013 Bids for Third Level of Commuter Parking Facility. Moved by Ald. Singer, second by Ald. Vogelsberg Admin. McKittrick noted that a new bid opening would take place later this summer. V/V: 8-0 Motion carried. Committee of the Whole Minutes May 13, 2013 Page 2

f. Recommend Approval of Request by Multisport Madness Kids, Inc. for Triathalon May 26, 2013. Moved by Ald. Kilburg, second by Ald. Marks V/V: 8-0 Motion carried. g. Recommend Approval of Request by Tour de Cure for Use of Four (4) Water Street Public Parking Spaces June 9, 2013. Moved by Ald. Flanagan, second by Ald. Singer V/V: 8-0 Motion carried. h. Recommend Draft Resolution Supporting CMAP Assistance for Planning Regarding Multi- Community Housing Plan and Authorize Execution of Memorandum of Understanding Between the City of Geneva and CMAP for Planning Assistance. Moved by Ald. Vogelsberg, second by Ald. Maladra Ald. Singer commended the city for working on this project. V/V: 8-0 Motion carried. 6. New Business Volunteer representatives from RiverPark were present to urge residents to visit the park on June 8 th as part of the Go Day festivities. More information could be found on their website at www.riverparkofgeneva.com. 7. Upcoming Meetings: City Council: May 20, 2013 Committee of the Whole: May 28, 2013 8. Adjournment On a motion by Ald. Marks, second by Ald. Bruno, the meeting was adjourned by unanimous voice vote at 8:34pm. Committee of the Whole Minutes May 13, 2013 Page 3

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: Geneva Running Outfitters Fox Valley Marathon Test Runs permission to use City Parking Lot to stage run Ellen Divita, Director of Economic Development Date: May 20, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: Budgeted? X NO If NO, please explain how the item will be funded: Executive Summary: Geneva Running Outfitters (GRO) is excited to coordinate three sanctioned test runs for the Fox Valley Marathon and request use of a portion of the parking lot to the north of their store (immediately east of Great Harvest Bread) to host 150-175 runners on 3 separate days this summer (Sunday 6/23/13, Saturday 7/20/13, and Sunday 8/18/13). The area is marked in Orange on the attached map. They request this orange area to be blocked off with barricades for 2 hours. As a condition of receiving sanction status they will provide dedicated meeting space and bathrooms. GRO owner, Eric Ott, will involve neighboring businesses in welcoming the runners (for example with snacks after they run). Eric has talked talk to each of his neighboring businesses and the Churches. Because the first day requested, Sunday June 23, 2013, is the day of the Swedish Days Parade both Police manpower and barricades are already dedicated to the Parade. Mr. Ott has been advised we are unable to close the lot for him that day and he has worked with his neighbors to accommodate the runners on private property; the scheduled run is early enough that no concerns are expected. Staff is able to recommend the Council grant the request for use of the lot on Saturday July 2, 2013 and Sunday, August 18, 2013. It is further recommended we acknowledge the Test Run on 6/23/13 but do not provide services in the form of securing the parking lot. The City is named as additional insured on a certificate of insurance. Attachments: (please list) Event Application and Map Recommendation / Suggested Action: (briefly explain) Approve the Geneva Running Outfitters request to use a portion of the City Parking lot at Hamilton and 2 nd Street from 6:00 AM until 10:00 AM to a Fox Valley Marathon Test-Run on Saturday July 20, 2013 and on Sunday, August 18, 2013.

Agenda Items: AGENDA ITEM EXECUTIVE SUMMARY Request For Use of Fulton Street Parking Lot by St. Mark s for a Car Wash on June 15, 2013 Presenter & Title: Paul Evans, Business Development Specialist Date: May 21, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: Budgeted? YES NO If NO, please explain how the item will be funded: Executive Summary: St. Mark s Church on Franklin and Fourth Street has requested the use of the Fulton Street parking lot on Saturday, June 15 for a car wash to benefit their Youth Group. The City s lease of the parking lot from St. Mark s allows them exclusive use of the parking lot on two Sundays a year (see attached lease). Because this car wash is on a Saturday, it requires City Council approval. St. Mark s has requested to use public parking spaces in the Fulton Street Parking Lot from 7 am to 2 pm for their car wash. The only request they have from staff is for Public Works to drop off barricades on the Friday before the event. Staff will recommend that the car wash use the City s low suds soap to minimize the use of water. The City Departments have reviewed the request and have no other comments. Staff has confirmed with St. Mark s that the approval of the Saturday, June 15 car wash will count as one of their Sundays under the lease. St. Mark s has supplied the City with a certificate of insurance for the event which names the City as an additional insured. Attachments: (please list) Special Event Application Maps of Project Area Fulton Street Parking Lot Lease Recommendation / Suggested Action: (briefly explain) Economic Development staff recommends to the Mayor and City Council to approve the use of the Fulton Street public parking lot on Saturday, June 15, 2013 from 7 am to 2 pm, by St. Mark s for a car wash pursuant to the conditions outlined in the staff report.

Fulton Street Parking Lot - St. Mark's Car Wash ulton S 1 inch = 67 Ffeet t St 3rd St 4th St Frankl in

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: Battle of the Bands Swedish Days 2013 Request from the Geneva Park District Neal Reeves, Economic Development Intern Date: May 27, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: If NO, please explain how the item will be funded: Budgeted? X YES NO Executive Summary: The annual Swedish Days event is planned for Tuesday, June 18, 2013 Sunday, June 23, 2013. Preparation activities begin on Sunday June 16 th. The Geneva Park District is again requesting permission for the Monday night Battle of the Bands event. The main stage will be set on Third Street early in the morning as requested by the Chamber of Commerce. The Park District request that the use of electricity be available for that afternoon. The Building Department will inspect the Electric connections afterward. Eight bands will compete on the main Swedish Days stage for a chance to move to the regional competition and perform during Swedish Days. Bands are comprised of teens 12-19 years old. The competition will take place on Monday, June 17, 2013 beginning at 4:00 PM. The Police Department will provide security and road closure for the event from 3pm-10pm. It is noted that barricades will only be used at James and Campbell on Third and there will be no obstructions on the street. A certificate of insurance is forthcoming. Attachments: (please list) Letter of request from the Geneva Park District Special Event Application from the Geneva Park District Insurance Certificate(forthcoming) Recommendation / Suggested Action: (briefly explain) Approve the Geneva Park District 2013 Battle of the Bands at Swedish Days Requests as presented.

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: Geneva Public Library Digital Bookmobile Road Closure Request Paul Evans, Business Development Specialist Date: May 21, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: Budgeted? X NO If NO, please explain how the item will be funded: Applicant requests that the Police Department: 1) Place no parking signs up the day of the event; 2) Remove the no parking signs after the event; 3) Library to control traffic at the intersections as determined by the Police Department; 4) Public Works to drop off barricades the day before. Fire Department to inspect the location of Bookmobile on July 22. Executive Summary: The Geneva Public Library is requesting to close a portion of South Second Street between the 2 nd Street alley to James Street on Monday, July 22, 2013 from 10:00-6:00 p.m. for a Digital Bookmobile. The Overdrive Digital Bookmobile will promote digital books and the opportunity for residents to learn more about how to access the ebook collection the Library purchases. Barricades will be put up at the James Street intersection so cars cannot go north and barricades will be put up south of the Geneva Dry Cleaners so customers can access those services and the Geneva Diner but cannot enter the event area. The event is expected to draw a crowd of 250 people over the 8 hour period (see attached detailed map). The Fire Department will inspect the location of the bookmobile and the seating will be moved from the street to the parkway and sidewalk. The Geneva Public Library will supply a certificate of insurance and will provide the clean-up after the event. Staff has reviewed the event and has no other concerns with this event. Attachments: (please list) Special Event Application Map of Event and Digital Bookmobile Certificate of Insurance Recommendation / Suggested Action: (briefly explain) Committee of the Whole is asked to approve the following motion: Staff recommends the Mayor and Committee of the Whole recommend approval to the City Council for the use of City Right-of-Way and Police Services for the Geneva Public Library Overdrive Digital Bookmobile on Monday, July 22, 2013 from 10 a.m. to 6:00 p.m.

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: Consider Approval of Special Event Liquor Licenses for Swedish Days June 18-23, 2013 Mary McKittrick, City Administrator Date: May 28, 2013 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: n/a If NO, please explain how the item will be funded: Budgeted? YES NO Executive Summary: Applications for special event liquor licenses have been received from the following establishments: *Class E-3/American Legion Post 75 at 22 S. Second St. (June 18, 19, 20, 21, 22, 23) *Class E-4/Gratto Italian Tapas at 207 S. Third St. (June 21, 22) *Class E-4/Sergio s Cantina at 30 W. State (June 20, 21, 22) *Class E-4/Chianti s at 220 Campbell St. (June 17, 19, 20, 21, 22, 23) *Class E-4/Fiora s at 317 S. Third St. (June 19, 20, 21, 22) Building, Police & Fire Depts. will inspect each site prior to license issuance to ensure full compliance of the City Code as it relates to the special event liquor license (including noise restrictions for outdoor amplified music for all locations except for the Legion Post). Attachments: (please list) (none) Recommendation / Suggested Action: (briefly explain) City Administrator recommends that Liquor Commissioner issue licenses after inspections are approved on the above listed dates.

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: Grant of Easements from The Shodeen Family Property Company, LLC for Utilities at Dodson Townhomes in the City of Geneva Dan Dinges, Director of Public Works Date: May 21, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: N/A If NO, please explain how the item will be funded: Budgeted? YES NO Executive Summary: The Shodeen Family Property Company, LLC. is constructing townhomes at the southeast corner of South St. and Second St. The project includes construction of public utilities that require easements for electric and sanitary sewer. Attachments: (please list) Grant of Easements Resolution Recommendation / Suggested Action: (briefly explain) Staff recommends that City Council authorize the Mayor and Clerk to execute the Grant of Easements from The Shodeen Family Property Company, LLC. for public utilities at Dodson Townhomes in the City of Geneva.

RESOLUTION NO. 2013- RESOLUTION AUTHORIZING EXECUTION OF Grant of Easements with The Shodeen Family Property Company, LLC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Geneva, Easement Agreement with The Shodeen Family Property Company, LLC., in the form attached hereto at Exhibit A, relating to the authorization of City to access public utilities at Dodson Townhomes. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this day of, 2013 AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: Approved by me this day of, 2013. ATTEST: Mayor City Clerk

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: 2013 Sidewalk and Curb Maintenance Project Dan Dinges, P.E. Date: May 21, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other Administrator Approval Estimated Cost: $30,932.50.00 If NO, please explain how the item will be funded: Budgeted? X YES NO Executive Summary: This project involves removing and replacing various sidewalks and curb located throughout the City that meets our removal criteria. The list consists primarily of repairs that have come to our attention during the 1 st half of the year. The City received 3 bids that are summarized on the attached form. The bid submitted by BG Concrete Inc. of $29,490.50 is well under the amount budgeted for this project. BG Concrete Inc. has performed concrete repair work many times before in Geneva and their work has been good. We typically receive additional requests during the remainder of the construction season and request that the City Council allow us to use BG Concrete to complete those items in an amount not to exceed the budgeted amount of $50,000. Attachments: (please list) Bid Tabulation Resolution Recommendation / Suggested Action: (briefly explain) Respectfully recommend that the City Council award the contract to BG Concrete Inc. in the amount not to exceed $50,000.

City of Geneva 2013 Sidewalk and Curb Maintenance Project BID TAB Description Plan Engineer's Estimate BG Concrete Discipio Enterptises Digioia Brothers Construction Co. Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total PCC SIDEWALK REMOVAL AND REPLACEMENT, 5" SQ FT 4,200.0 $6.00 $ 25,200.00 $ 5.99 $ 25,158.00 $ 7.75 $ 32,550.00 $ 7.85 $ 32,970.00 PCC SIDEWALK REMOVAL AND REPLACEMENT, 7" SQ FT 125.0 $6.50 $ 812.50 $ 6.50 $ 812.50 $ 8.90 $ 1,112.50 $ 9.00 $ 1,125.00 MISCELLANEOUS PCC FLAT WORK, 7" SQ FT 20.00 $6.50 $ 130.0000 $ 650 6.50 $ 130.0000 $ 890 8.90 $ 178.00 $ 900 9.00 $ 180.0000 DETECTABLE WARNINGS SQ FT 8.0 $25.00 $ 200.00 $ 30.00 $ 240.00 $ 22.00 $ 176.00 $ 20.00 $ 160.00 PCC CURB REMOVAL AND REPLACEMENT FEET 80.0 $20.00 $ 1,600.00 $ 20.00 $ 1,600.00 $ 39.00 $ 3,120.00 $ 32.00 $ 2,560.00 PCC CURB & GUTTER REMOVAL AND REPLACEMENT, B-6.11 FEET 30.0 $23.00 $ 690.00 $ 25.00 $ 750.00 $ 49.00 $ 1,470.00 $ 48.00 $ 1,440.00 MOBILIZATION L SUM 1.0 $800.00 $ 800.00 $ 300.00 $ 300.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 TRAFFIC CONTROL AND PROTECTION L SUM 1.0 $1,500.00 $ 1,500.00 $ 500.00 $ 500.00 $ 660.00 $ 660.00 $ 1,500.00 $ 1,500.00 TOTALS $30,932.50 $29,490.50 $41,766.50 $42,435.00

RESOLUTION NO. 2013- RESOLUTION AUTHORIZING EXECUTION OF Construction Contract with BG Concrete, Inc. for the 2013 Sidewalk and Curb Maintenance Project BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Geneva, a Construction Contract with BG Concrete Inc., in the form attached hereto as Exhibit A, relating to the repair of concrete sidewalk and curb throughout the City of Geneva (Construction). SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this day of, 2013 AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: Approved by me this day of, 2013. ATTEST: Mayor City Clerk

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: Easement for Valley Animal Hospital Mike Buffington, Superintendent of Electrical Services Date: May 20, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: $10 per easement If NO, please explain how the item will be funded: Budgeted? X YES NO Executive Summary: The attached easement the City requested of the property owner. Work will be done as part of the 2013-14 Underground Cable Replacement Budget. Attachments: (please list) The following easement document was received and is attached: 810 E State Street. Recommendation / Suggested Action: (briefly explain) Recommend to City Council to approve resolution to sign and record easements.

RESOLUTION NO. 2013- RESOLUTION AUTHORIZING EXECUTION OF Easements for Electric Distribution at 810 E State Street WHEREAS, it is necessary to replace certain underground electric cables; and WHEREAS, the burying of electric cables requires the procurement of an underground electric utility easement from 7166 Properties, LLC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Geneva, one (1) easement from 7166 Properties, LLC at 810 E State Street a copy of which is attached hereto. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 3rd day of June, 2013. AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: Approved by me this day of, 2013. ATTEST: Mayor City Clerk

This instrument prepared by and return the recorded document to: Charles A. Radovich City Attorney City of Geneva 312 West State Street Geneva, Illinois 60134 Telephone: (630) 232-4515 GRANT OF EASEMENT WHEREAS, 7166 PROPERTIES, LLC, an Illinois limited liability company, is fee title owner of the real property commonly known as 810 East State Street, in the City of Geneva, Kane County, Illinois and is legally described at Exhibit A which is attached hereto: WITNESSETH that, in consideration of Ten and No/100ths ($10.00) Dollars and other valuable consideration, the receipt of which is hereby acknowledged, Grantor, 7166 PROPERTIES, LLC, an Illinois limited liability company, grants and conveys to Grantee, CITY OF GENEVA, a municipal corporation of the State of Illinois, in the County of Kane, its successors, franchisees and assigns, an easement on, over, above, across, and under the real property in the County of Kane, State of Illinois, more particularly described as follows: See Easement Exhibit attached hereto and made a part hereof as Exhibit B for the purposes of installing, maintaining, repair and replacing electrical power transmission and distribution lines, cable television lines, fiber optic cable, transformers, switches, poles and other appurtenances thereto for each of the foregoing utilities. Any future, new installation of electrical power transmission or distribution lines shall be underground only; Grantee is permitted to maintain, repair and replace overhead lines, cable, poles and appurtenances which exist upon the servient estate as of the date of this Grant of Easement. Grantee will restore the easement area on the Easement Plat to its original condition after each and every installation, reconstruction, operation, maintenance, inspection, replacement, repair, or any other use of the easement area by Grantee. This easement shall include the right of access to the easement upon and through the real 1

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Certificate of Completion for Geneva Bank & Trust Presenter & Title: Mike Buffington, Superintendent of Electrical Services Date: May 20, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: n/a If NO, please explain how the item will be funded: Budgeted? YES NO Executive Summary: Staff has inspected the electrical installation at Geneva Bank & Trust and found it to be satisfactory. Issuance of the Certificate of Completion allows the developer to reduce his Letter of Credit down to 15% of the amount for a one-year maintenance period. The date on the Certificate of Completion starts the one year period. Attachments: (please list) Certificate of Completion Recommendation / Suggested Action: (briefly explain) Recommend acceptance of the Certificate of Completion at the June 3, 2013 City Council Meeting

CITY OF GENEVA CERTIFICATE OF COMPLETION RESOLUTION Whereas, Geneva Bank & Trust, Developer Of Geneva Bank & Trust has entered into a contract for the construction of specific utilities, and Whereas, Associated Electric, the Contractor, has Completed the following construction within the subdivision: a. Electric Distribution System b. c. d. e. f. and, whereas, the above listed construction has been inspected by the City of Geneva, and found to be satisfactory. Now, Therefore, Be It Resolved by the City Council of the City of Geneva, Illinois, that said construction is considered complete as of the date of passage of this resolution, subject to the following excluding: It being understood that the normal period of maintenance and liability of the contractor commences this date as heretofore agreed. Attest: Passed this 3rd day of June, 2013 City Clerk Mayor

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: Certificate of Acceptance for Fox Valley Institute of Medicine, Dodson 8, Roquette, Living Well Cancer Center and Millard Refrigerated Services (Oncor) Mike Buffington, Superintendent of Electrical Services Date: May 20, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: n/a If NO, please explain how the item will be funded: Budgeted? YES NO Executive Summary: Staff has inspected the electrical installation at these five facilities and found them to be satisfactory. Issuance of the Certificate of Acceptance finalizes the one-year maintenance period and transfers the maintenance responsibility to the City. Attachments: (please list) Certificate of Acceptance for Fox Valley Institute of Medicine Certificate of Acceptance for Dodson 8 Certificate of Acceptance for Roquette Certificate of Acceptance for Living Well Cancer Center Certificate of Acceptance for Millard Refrigerated Services Recommendation / Suggested Action: (briefly explain) Recommend acceptance of the Certificate of Completion at the June 3, 2013 City Council Meeting

CITY OF GENEVA CERTIFICATE OF ACCEPTANCE RESOLUTION Whereas, TAB Construction, Developer of Fox Valley Institute of Medicine has entered into a contract for the construction of specific utilities, and Whereas, Magun Electric, the Contractor, has completed the following construction and a Certificate of Completion has been issued: a. Electric Distribution System Certificate of Completion issued 2-2-2009 b. Certificate of Completion issued Whereas the normal or specified period of maintenance and liability of the Contractor expired on February 2, 2010 as heretofore agreed, and Whereas the above listed construction has been inspected by the City of Geneva, and found to be acceptable. Now, Therefore, Be It Resolved by the City Council of the City of Geneva, Illinois, that said construction is accepted by the City of Geneva as of the dated of passage of this Resolution. Passed this 3rd day of June, 2013 Attest: City Clerk Mayor

CITY OF GENEVA CERTIFICATE OF ACCEPTANCE RESOLUTION Whereas, Shodeen Inc, Developer of Dodson 8 has entered into a contract for the construction of specific utilities, and Whereas, RJC Quality Electric, the Contractor, has completed the following construction and a Certificate of Completion has been issued: a. Electric Distribution System Certificate of Completion issued 2-2-2009 b. Certificate of Completion issued Whereas the normal or specified period of maintenance and liability of the Contractor expired on February 2, 2010 as heretofore agreed, and Whereas the above listed construction has been inspected by the City of Geneva, and found to be acceptable. Now, Therefore, Be It Resolved by the City Council of the City of Geneva, Illinois, that said construction is accepted by the City of Geneva as of the dated of passage of this Resolution. Passed this 3rd day of June, 2013 Attest: City Clerk Mayor

CITY OF GENEVA CERTIFICATE OF ACCEPTANCE RESOLUTION Whereas, Roquette of America, Developer of Roquette has entered into a contract for the construction of specific utilities, and Whereas, Connelly Electric, the Contractor, has completed the following construction and a Certificate of Completion has been issued: a. Electric Distribution System Certificate of Completion issued 5-16-2011 b. Certificate of Completion issued Whereas the normal or specified period of maintenance and liability of the Contractor expired on May 16, 2012 as heretofore agreed, and Whereas the above listed construction has been inspected by the City of Geneva, and found to be acceptable. Now, Therefore, Be It Resolved by the City Council of the City of Geneva, Illinois, that said construction is accepted by the City of Geneva as of the dated of passage of this Resolution. Passed this 3rd day of June, 2013 Attest: City Clerk Mayor

CITY OF GENEVA CERTIFICATE OF ACCEPTANCE RESOLUTION Whereas, Nancy Vance, Developer of Living Well Cancer Center has entered into a contract for the construction of specific utilities, and Whereas, Mascal Electric, the Contractor, has completed the following construction and a Certificate of Completion has been issued: a. Electric Distribution System Certificate of Completion issued 3-19-12 b. Certificate of Completion issued Whereas the normal or specified period of maintenance and liability of the Contractor expired on March 19, 2013 as heretofore agreed, and Whereas the above listed construction has been inspected by the City of Geneva, and found to be acceptable. Now, Therefore, Be It Resolved by the City Council of the City of Geneva, Illinois, that said construction is accepted by the City of Geneva as of the dated of passage of this Resolution. Passed this 3rd day of June, 2013 Attest: City Clerk Mayor

CITY OF GENEVA CERTIFICATE OF ACCEPTANCE RESOLUTION Whereas, Millard Refrigerated Services, Developer of Oncor has entered into a contract for the construction of specific utilities, and Whereas, Millard Refrigerated Services, the Contractor, has completed the following construction and a Certificate of Completion has been issued: a. Electric Distribution System Certificate of Completion issued 3-19-12 b. Certificate of Completion issued Whereas the normal or specified period of maintenance and liability of the Contractor expired on March 19, 2013 as heretofore agreed, and Whereas the above listed construction has been inspected by the City of Geneva, and found to be acceptable. Now, Therefore, Be It Resolved by the City Council of the City of Geneva, Illinois, that said construction is accepted by the City of Geneva as of the dated of passage of this Resolution. Passed this 3rd day of June, 2013 Attest: City Clerk Mayor

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: Consider Draft Resolution Authorizing awarding 2013-14 Tree Trimming Contract Michael J. Buffington, Superintendent of Electrical Services Date: May 28, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: $97,965.00 If NO, please explain how the item will be funded: Budgeted? X YES NO Executive Summary: Bids were opened on April 15, 2013 for the Annual Tree Trimming Contract FY 2013-2014. Ten bid packages were sent with two respondents. The contract is being awarded to the lowest bidder and expensed under FY 2013-2014 line item 620.90.95.25-531.25. Attachments: (please list) Resolution Memo Map Recommendation / Suggested Action: (briefly explain) Award the Tree Trimming Contract to the lowest bidder DeMar Tree & Landscaping Service Inc. Authorize the Mayor and City Clerk to execute, on behalf of the City of Geneva the Tree Trimming Contract with DeMar Tree & Landscaping Service Inc.

RESOLUTION NO. 2013- RESOLUTION AUTHORIZING EXECUTION OF the Tree Trimming Contract 2013-14 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Geneva, the Tree Trimming Contract with DeMar Tree & Landscaping Service Inc., relating to the tree trimming of the electric distribution system. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. of June, 2013. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 3 rd day AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: Approved by me this 3 rd day of June, 2013. ATTEST: Mayor City Clerk

PUBLIC WORKS DEPARTMENT MEMORANDUM May 15, 2013 Memo To: From: Mayor Burns and Committee of the Whole Michael Buffington, Superintendent of Electric Re: Annual Tree Trimming Contract FY 2013-14 Bids were opened on April 15, 2013 for the Annual Tree Trimming Contract FY 2013-14. Ten bid packages were sent with two respondents. The bid received for crew costs are listed below. This contract is a 12 month contract with an option to extend for a second and third year. This will be expensed under line item 620.90.95.23-531.25 a budget of $ 97,965.00. Price per Hour Year1 Year 2 Year 3 DeMar $125.00 $141.00 $147.00 Asplundh $141.78 $150.29 $159.32 Recommendation: After careful and thorough review of the bid for the Annual Tree Trimming Contract, staff recommends to COW, that COW approves and recommends to City Council award of the Tree Trimming Contract to the lowest bidder DeMar Tree & Landscaping Service Inc. Authorize the Mayor and City Clerk to execute, on behalf of the City of Geneva Annual Tree Trimming Contract. Cc: Mary McKittrick, City Administrator Stephanie Dawkins, Asst. City Administrator Dan Dinges, Director of Public Works Hal Wright, Manager of Operations Kirk Landberg, Purchasing & Inventory Coordinator Tree Trim Recommendation FY2013-14 Page1 5/15/2013

RESOLUTION NO. 2013- RESOLUTION AUTHORIZING EXECUTION OF FY 2013-2014 Computer Replacements with EDC Systems, Inc. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor is hereby authorized to execute, on behalf of the City of Geneva, FY 2013-2014 Computer Replacements for the City of Geneva with EDC Systems, Inc. in the amount of $30,286, in the form attached hereto at Exhibit A. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. June, 2013 PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 3rd day of AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: Approved by me this day of, 200_. ATTEST: Mayor City Clerk

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: FY 2013-2014 Computer Replacements Peter Collins I.T. Manager, Justin Chiappetta I.T. Analyst Date: 05/21/2013 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: $30,286.00 If NO, please explain how the item will be funded: Budgeted? X YES NO Executive Summary: Attachments: (please list) Memo to Council Submitted RFP from EDC Recommendation / Suggested Action: (briefly explain) Recommend that the Geneva City Council approve the purchase of replacement computers from EDC in the amount of $30,286.00

City of Geneva Information Systems Memo To: Mary McKittrick, City Administrator From: Peter I. Collins, Information Systems Manager CC: Mayor Burns and Geneva City Council Date: 05/21/2013 Re: Replacement of computers across departments citywide As allowed for in Geneva s 2012-2013 Fiscal Year Budget, Information Technologies staff solicited bids for replacement of 30 computers across departments citywide. Bid documents were posted to the City website and sent via email to approximately 30 vendors. After receiving returned bids on March 19, 2013, and review of proposed bids, it was determined that the best responsible bidder was EDC Systems. As part of legalese of our bid submission packet, a selected vendor is expected to provide machines of the same specifications and cost for a period of one year. With that in mind, we would ask that Council allow I.T. staff to procure additional computer replacements for FY 2013-2014 from EDC Systems under the same bid dated March 19, 2013 used for FY 2012-2013 (see attached memo of 04/03/13) in the total amount of $30,286.00. This purchase will be funded from the Capital Projects budget, as well the budgets of the Electric & Water Divisions of Public Works. STAFF RECOMMENDATION: In consideration of the above information and after careful review of the submitted bid proposals, I would request and respectfully recommend that the Geneva City Council approve the purchase of replacement computers from EDC in the amount of $30,286.00 cc: Mary McKittrick, City Administrator Justin Chiappetta, Information Technologies Technician 1

AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Presenter & Title: FY 2012-2013 Computer Replacements Peter Collins I.T. Manager, Justin Chiappetta I.T. Analyst Date: 04/04/2013 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - Estimated Cost: $40,070.00 If NO, please explain how the item will be funded: Budgeted? X YES NO Executive Summary: Attachments: (please list) Memo to Council Bid Tabulation Submitted RFP from EDC Recommendation / Suggested Action: (briefly explain) Recommend that the Geneva City Council approve the purchase of replacement computers from EDC in the amount of $40,070.00

City of Geneva Information Systems Memo To: Mary McKittrick, City Administrator From: Peter I. Collins, Information Systems Manager CC: Mayor Burns and Geneva City Council Date: 04/03/2013 Re: Replacement of computers across departments citywide As allowed for in Geneva s 2012-2013 Fiscal Year Budget, Information Technologies staff solicited bids for replacement of total of 30 computers across departments citywide. Bid documents were posted to the City website and sent via email to approximately 30 vendors. After receiving returned bids and review of proposed bids, it was determined that funding would be available for the purchase of 30 computers. Based on responses from the vendors submitting bids, see below the following subtotal amounts: Insight - $42,949.65 Saberex - $45,469.11 ITS - $35,338.40 EDC - $40,070.00 Dell Marketing, LLP - $40,726.58 ITS later asked to withdraw its bid due to configuration errors which resulted in pricing increases. This purchase will be funded from the Capital Projects budget, as well the budgets of the Electric & Water Divisions of Public Works. STAFF RECOMMENDATION: In consideration of the above information and after careful review of the submitted bid proposals, I would request and respectfully recommend that the Geneva City Council approve the purchase of replacement computers from EDC in the amount of $40,070.00 cc: Mary McKittrick, City Administrator Justin Chiappetta, Information Technologies Technician 1

City of Geneva Summary of Bids Name of Project: 2012-2013 Computer Replacement Opened By: Thomas Dahl, Finance Manager Recorded By: Peter Collins, I.T. Manager Date/Time: 04/03/2013-11:00 A.M. Approved Engineer Estimate/ Budget : CONTRACTOR NAME Model - Dell Optiplex 7010 Qty Item Subtotal Model - Dell Latitude E6430 Qty Item Subtotal Model - Dell Latitude E6430 ATG Qty Item Subtotal Bid Subtotal INSIGHT $1,314.60 26 $34,179.60 $1,808.24 3 $5,424.72 $3,345.33 1 $3,345.33 $42,949.65 SABEREX $1,377.35 26 $35,811.10 $2,124.74 3 $6,374.22 $3,283.79 1 $3,283.79 $45,469.11 ITS $1,069.98 26 $27,819.48 $1,889.98 3 $5,669.94 $1,848.98 1 $1,848.98 $35,338.40 EDC $1,249.00 26 $32,474.00 $1,630.00 3 $4,890.00 $2,706.00 1 $2,706.00 $40,070.00 DELL DIRECT $1,231.27 26 $32,013.02 $1,824.28 3 $5,472.84 $3,240.72 1 $3,240.72 $40,726.58 Page of

AGENDA ITEM EXECUTIVE SUMMARY Plan Commission Application Fees - Consideration of increasing the Agenda Item: application fee and deposit requirements for Plan Commission reviews and request for authorization to conduct a Plan Commission public hearing on City-initiated amendments to the Geneva City Code Dick Untch, Community Development Director Presenter & Title: David DeGroot, City Planner Mark Herman, Community Development Intern Date: May 28, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: $0 Budgeted? NO Executive Summary: Planning Division staff has reviewed the City s Plan Commission application fees to ensure that the City is able to recoup the costs incurred during each application. The current application fee is $250 for most proposals requiring Plan Commission review. This $250 is used by the City to cover the cost of staff time and third party services. Staff costs (estimated at $48 per hour) would exhaust the entire $250 application fee in about 5 hours. The services provided by staff and the review of the request by the 14-member Development Staff team result in more than 5 hours of staff time per application. A review of the third party costs for minutes, transcripts, and legal notices for Plan Commission applications indicate that on average the City spends $494.65 on third party costs for applications that require a public hearing. Revenues generated from all Plan Commission applications fees since FY 2010 totaled $6,692; while total expenditures for third party services have been $11,466.20. This represents a loss of $4,774.20 since FY 2010. Staff also researched the Plan Commission application fees for other communities in the area. Geneva s fees were usually the lowest or one of the lowest for each application type. For example, Geneva s Map Amendment fee of $250 was the second lowest and the average Map Amendment fee is $501. Fees for subdivisions and annexations are specifically set in Title 12 (Subdivisions) of the City Code and would require a public hearing before the Plan Commission to amend. Other plan commission requests are found in Title 11 (Zoning) and allow the City Council to establish a fee without a text amendment. Attachments: (please list) Memorandum Draft Ordinance Recommendation / Suggested Action: (briefly explain) Staff recommends raising the application fee for reviews pertaining to the Title 11 to $500, and establishing an additional $500 deposit. The $500 fee would cover two staff reviews, with an additional $100 fee to be charged for each subsequent review (if necessary). The $500 deposit is to cover the cost of third party services for applications that require a public hearing. In addition, staff is requesting authorization to conduct a public hearing to amend Title 12 of the Geneva City Code to eliminate explicit fee references and allow the City Council to establish a fee for subdivisions and annexations without future text amendments.

City of Geneva Community Development Department Memorandum To: From: Mayor Burns and Members of the Committee of the Whole Dick Untch, Director of Community Development David DeGroot, City Planner Mark Herman, Community Development Intern Date: May 28, 2013 Subject: Plan Commission Application Fees PURPOSE AND BACKGROUND Planning Division staff has reviewed the City s Plan Commission application fees to ensure that the City is able to recoup the costs incurred during each application. The purpose of this memorandum is to provide information on staff and third party costs associated with Plan Commission applications. In addition, this analysis includes a comparison of how Geneva s application fees relate to those of other communities. Currently the City has an application fee of $250 for most development proposals requiring Plan Commission review. This $250 is used by the City to cover the cost of staff time, department resources, and third party services. Staff proposes to raise the application fee to $500 for all applications to cover the cost of the first two staff reviews, with an additional $100 fee to be charged for each subsequent staff review (if necessary). In addition, staff also proposes that the City institute a $500 deposit requirement to cover the cost of third party services for Plan Commission applications that require a public hearing. STAFF COSTS The estimated cost for staff time is $48 per hour, which includes wages, benefits, and overhead. Staff spends time providing a number of services on each application, including plan reviews by the 14 member Development Staff team which consists of representatives from the Police, Fire, Public Works, Planning, Building, Economic Development, and Administrative Services departments. A summary of the tasks performed by staff is provided below. Staff Costs and Department Resources: Pre-application Pre-application meeting to discuss the request and process with applicant(s) in detail Development Staff Review Distribution of application, narrative, and plan to Development Staff Updating of the monthly Plan Commission report Adding the request to the Plan Commission application map on City s website, which includes a brief description, photograph, and Google Maps link Inclusion of the request on the Development Staff Meeting agenda

Plan Commission Application Fees Page 2 of 6 Discussion of the request during the Development Staff Meeting Compilation of staff comments, which are then sent under a cover letter to the applicant for review Two Development Staff reviews are typical for most requests Plan Commission Prepare public hearing notice and send to newspaper for publication Prepare notification letter and mail to property owners within 250 feet of subject site Request Public Works staff place public hearing sign on subject property Create and post Plan Commission meeting agenda, which are also forwarded to media, City Staff, and other units of government Develop staff report and recommendation to the Plan Commission Prepare PowerPoint presentation for Plan Commission meeting, if necessary Attend meeting to provide staff support Committee of the Whole and City Council Modify staff report and recommendation to include the recommendation of the Plan Commission and highlight important discussion from Plan Commission meeting Prepare draft ordinance or resolution, including any findings of fact made by the Plan Commission and necessary exhibits Prepare agenda item executive summary cover sheet for the Committee of the Whole packet Attend meetings to provide staff support Finalize ordinance or resolution by making any revisions suggested by the City Attorney or the Committee of the Whole prior to the City Council meeting After City Council Obtain a certified copy of the ordinance and record with Kane County, if necessary THIRD PARTY COSTS In addition to costs incurred through staff time and department resources, Plan Commission requests may also result in additional expenditures for third party services. Third party costs may include: Celeste Weilandt for preparation of Plan Commission meeting minutes Sonntag Reporting Service for the public hearing court reporter and transcript preparation Daily Herald or Kane County Chronicle for the publication of legal notices Wills Burke Kelsey for review of stormwater applications Charles Radovich for legal services Recordation of documents with the Kane County Recorder and/or Kane County Clerk The City currently collects a $2,500 deposit for applications requiring stormwater review and a $1,000 deposit for applications requiring review by the City Attorney. However, the City does not require a deposit to cover the cost of minutes, transcripts, and legal notices. This memorandum will demonstrate that these costs are not covered by the current $250 application fee.

Plan Commission Application Fees Page 3 of 6 City staff conducted a review of the third party costs for minutes, transcripts, and legal notices for Plan Commission applications dating back to the beginning of the 2010-2011 fiscal year. The complete result of this review is attached as Exhibit A. Table 1 is a summary of the total third party costs for Plan Commission cases during this time period. On average the City spends $494.65 on third party costs for applications that require a public hearing. During this time period the maximum amount for third party costs for cases requiring a public hearing was $1,547.87, and the minimum was $182.21. Cases that do not require a public hearing (site plans, final PUDs, final plats of subdivision) do not require the use of a third party for transcripts or legal notices, resulting in the lower average cost per applicant of $65.37. During this time period the maximum amount for third party costs for cases not requiring a public hearing was $114.00, and the minimum was $28.50. This analysis does not include Plan Commission cases in which the City is the applicant. Table 1. Summary of total third-party costs for Plan Commission applications per case. Fiscal Year Application Type Average 2010-2011 2011-2012 Public Hearing Required Public Hearing Required $643.93 $389.40 No Public Hearing No Public Hearing $50.67 $71.25 2012-2013 Public Hearing Required $460.42 (as of 4/1/13) No Public Hearing NA TOTAL Public Hearing Required $494.65 No Public Hearing $65.37 Table 2. Third party costs for Plan Commission applications (requiring a public hearing) by third party type. Average Per Case FY 12-13 FY 10-11 FY 11-12 (as of 3/1/13) Average (2010-2013) Meeting Minutes $75.74 $51.57 $62.82 $63.33 Transcripts $374.91 $256.70 $288.19 $305.00 Public Notices $193.29 $81.13 $109.41 $126.33 Total Third Party $643.93 $389.40 $460.42 $494.65 Table 2 provides a breakdown of total and average third party costs by the type of service (minutes, transcripts, or legal notices) since FY 2010-2011. As shown, the $250 application fee is not sufficient to cover the average cost of these services. ANALYSIS Staff Costs and Department Resources The City currently does not track the amount of staff time spent on each Plan Commission request. The amount of additional time and effort needed for each of the 14 members of the Development Staff team to track the amount of time spent per applicant would be inefficient. However, given the

Plan Commission Application Fees Page 4 of 6 estimated staff cost of $48 per hour, staff costs would exhaust the entire $250 application fee in about 5 hours. The services provided by staff, as previously outlined, and the review of the request by the 14-member Development Staff team results in more than 5 hours of staff time per application. Third Party Costs Currently, Plan Commission application fees do not generate enough revenue to cover third party costs for minutes, transcripts and legal notices. The average Plan Commission application generates $230.76 in fees, but costs the City $395.39 for third party services, resulting in a loss of $164.63 per case (see Table 3). Total revenues generated from all Plan Commission applications fees (see Table 3) since FY 2010 are $6,692; while total expenditures for third party services have been $11,466.20. This represents a loss of $4,774.20 since FY 2010. Table 3. Summary of total application revenues, third party expenditures, and losses. FY 10-11 FY 11-12 FY 12-13 (as of 3/1/13) Total Revenues (from application fees) $1,985.00 $2,105.00 $2,852.00 $6,942.00 Expenditures (third party costs) $4,608.87 $3,082.03 $4,143.75 $11,834.65 Profit (or loss) -$2,623.87 -$977.03 -$1,291.75 -$4,892.65 Comparison of Fees to Other Communities City staff also researched the Plan Commission application fees for other communities in the area. The complete results of the survey are attached as Exhibit B. A total of 16 municipalities were surveyed, including: Aurora, Batavia, Carol Stream, Carpentersville, Downers Grove, Elmhurst, Lombard, Naperville, North Aurora, Palatine, South Elgin, St. Charles, Sugar Grove, West Chicago, Wheaton and Woodridge. For each Plan Commission application type the average fee was greater than the current fee for the City of Geneva. The City of Geneva s fees were usually the lowest or one of the lowest for each application type. For example: Geneva s Map Amendment fee of $250 was the second lowest (Sugar Grove s fee is $150), and the average Map Amendment fee is $501. In addition, several communities have additional fees or deposits in order to defray third party costs. Batavia, Lombard, Naperville, North Aurora, St. Charles, and Woodridge use additional fees or deposits to cover the costs of the public hearing notice. Lombard, North Aurora, St. Charles, Wheaton, and Woodridge use additional fees or deposits to cover costs for the court reporter and transcripts. A complete breakdown of the most common additional fees or deposits is attached as Exhibit C. The City of Geneva s Plan Commission application fees were set at their current levels in 1990. Since that time costs to the City for Plan Commission requests have risen as staff and third-party costs have increased. According to the CPI Inflation Calculator from the Bureau of Labor Statistics $250 in 1990 is equivalent to $444.08 in 2013. The City has chosen to not increase application fees in order to keep costs low for local businesses and to encourage new development within the City.

Plan Commission Application Fees Page 5 of 6 Geneva City Code Application fees for Plan Commission hearings are established in two different titles of the Geneva City Code. Title 11 (Zoning) establishes application procedures for special use, text amendment, map amendment, site plan review, sign variations, and Planned Unit Development requests. For these requests, the City Code states that applications are to be accompanied by a nonrefundable fee established from time to time by the city council. Procedures for subdivision and annexation requests are found in Title 12 (Subdivisions) of the Geneva City Code. Fees for these requests are explicitly set in the City Code and require a public hearing before the Plan Commission to amend. RECOMMENDATION City staff recommends raising the base Plan Commission application fee to $500 for all applications, as shown on Table 4. This would include the removing the addition $1 per acre or lot fees currently in place for PUD and Subdivision applications. This $500 application fee will be used to cover the costs for staff time. The current plan review process is designed to allow two staff reviews for each application. Staff recommends that the $500 fee would only allow applicants two staff reviews. If a request were to require additional staff reviews, then the application would be placed on hold until an additional fee of $100 per staff review is paid. Table 4. Current and proposed Plan Commission application fees and deposits by request type. Proposed Fee Current Fee Request (2 plan reviews*) Annexation $150 $500; $500 deposit Comprehensive Plan Amendment $250 $500; $500 deposit Map Amendment $250 $500; $500 deposit PUD Preliminary $250 plus $1 per acre $500; $500 deposit Final $100 plus $1 per lot or dwelling unit $500 Sign Variation $250 $500; $500 deposit Site Plan Review $0 $500 Special Use $250 $500; $500 deposit Subdivisions Preliminary $250 plus $1 per acre $500; $500 deposit Final $100 plus $1 per lot or dwelling unit $500 Text Amendment $250 $500; $500 deposit Plus $2,500 deposit for stormwater review (if applicable) and $1,000 deposit for City Attorney (if applicable). * Additional $100 fee to be paid for each additional review beyond the initial 2 reviews. Additional deposit required if initial $500 deposit is insufficent to cover third-party costs. Staff also recommends requiring a $500 deposit for all Plan Commission applications that require a public hearing. The deposit would be used to cover the cost of third party services for meeting minutes, transcripts, and legal notice publication. The average cost for these services over the last three years was $494.65. In addition, it has been the experience of staff that applicants may not record necessary documents with the county. Staff is considering taking the responsibility to record all documents with the County, and the deposit could be used to cover the cost for recordation. In the event that the deposit was not enough to cover the costs of the third party services, the application would be placed on hold until all fees were paid or the deposit was replenished. This recommended fee

Plan Commission Application Fees Page 6 of 6 and deposit structure will more adequately cover staff and third party costs, is comparable to surrounding communities, and will still be low enough to not discourage future development. Finally, staff is requesting permission to have a public hearing before the Plan Commission in order to amend the text of Title 12 (Subdivisions) of the Geneva City Code. Currently the text of Title 12 explicitly sets fees for subdivisions and annexations and would require a public hearing before the Plan Commission to amend. Staff proposes amending the text of Title 12 to replace any explicit mention of fees in the code, and insert language stating that applications shall be accompanied by a nonrefundable fee established from time to time by the city council. Attachments Exhibit A. Plan Commission Third Party Costs, and Fees, by Case Exhibit B. Plan Commission Application Fee Comparison Survey Exhibit C. Additional Fees or Deposits Required by Other Municipalities

Exhibit A. Plan Commission Third Party Costs, and Fees, by Case. March 1, 2013) Fiscal Year Case Type PC Meeting(s) Public Hearing(s) Transcript Length Minutes Transcipts Legal Notice TOTAL EXPENDITURES Fees Peacock Engineering Sign Variation 2/14/2013 2/14/2013 12 $ 38.00 $ 235.00 $ 95.45 $ 368.45 $ 250.00 Faith Lutheran Church Text Amendment 12/13/2012 12/13/2012 33 $ 66.60 $ 340.00 $ 63.25 $ 469.85 $ 250.00 Past Basket Sign Variation 9/13/2012 9/13/2012 11 $ 25.33 $ 78.48 $ 78.40 $ 182.21 $ 250.00 2012-2013 2011-2012 2010-2011 Roquette Properties Ross Dress For Less St. Charles Bank Peacock Engineering Multiple (Annexation, Annex. Agreement, Map Amendment) PUD Amendment Multiple (Special Use, Text Amendment) Multiple (Site Plan, Final Plat, PUD Amendment) 9/13/2012 9/13/2012 12 $ 25.33 $ 85.61 $ 185.20 $ 296.14 $ 150.00 8/9/2012, 9/13/2012 8/9/2012, 9/13/2012 59 $ 76.00 $ 395.91 8/9/2012 8/9/2012 60 $ 50.67 $ 385.83 $ 137.20 $ 573.70 $ 500.00 8/9/2012 8/9/2012 30 $ 50.67 $ 192.92 $ 136.00 $ 379.58 $ 202.00 Graham's 318 Special Use 7/12/2012 7/12/2012 25 $ 38.00 $ 300.00 $ 77.20 $ 415.20 $ 250.00 Multiple (Comp Plan 6/28/2012 Malone Funeral Home Amend, Map Amend, 6/14/2012 85 $ 194.75 $ 579.95 $ 139.60 $ 914.30 $ 750.00 6/14/2012 Special Use) Delnor Cancer Center Multiple (Site Plan, PUD update) 4/12/2012 $ 47.50 $ 47.50 Carlson's Sign Variation Sign Variation 3/8/2012 3/8/2012 48 $ 76.00 $ 415.00 $ 77.05 $ 568.05 $ 250.00 Tom and Eddies Final PUD 3/8/2012 $ 76.00 $ 76.00 $ 250.00 Animal Care Clinic PUD Amendment 2/9/2012 2/9/2012 32 $ 57.00 $ 272.00 $ 81.65 $ 410.65 $ 250.00 Well Polished Nail Special Use 12/8/2011 12/8/2011 17 $ 90.25 $ 260.00 $ 124.20 $ 474.45 $ 250.00 Dodson Townhomes Final PUD 12/8/2011 $ 90.25 $ 90.25 $ 105.00 Well Polished Nail Concept Review 10/13/2011 $ 114.00 $ 114.00 Keating I1 Text Amend Text Amendment 9/8/2011 9/8/2011 27 $ 33.25 $ 244.88 $ 54.00 $ 332.13 $ 250.00 Massage Therapy Text Amendment 8/11/2011 8/11/2011 11 $ 47.50 $ 230.00 $ 61.00 $ 338.50 $ 250.00 Living Well Cancer Center Site Plan 6/9/2011 $ 28.50 $ 28.50 B3 Offices Text Amendment 6/9/2011 6/9/2011 10 $ 28.50 $ 93.75 $ 65.00 $ 187.25 $ 250.00 Chef James Special Use 6/9/2011 6/9/2011 30 $ 28.50 $ 281.25 $ 105.00 $ 414.75 $ 250.00 B3 Salons Text Amendment 4/7/2011 4/7/2011 14 $ 38.00 $ 245.00 $ 123.00 $ 406.00 $ 250.00 109 Peyton Street Multiple (Text 1/13/2001, 1/13/2001, amendment, Special 2/10/2011, 2/10/2011 Use) 3/10/2011 189 $ 237.25 $ 1,245.62 $ 65.00 $ 1,547.87 $ 250.00 206 Wall Street Map Amendment 12/9/2010 12/9/2010 34 $ 61.75 $ 233.75 $ 750.00 $ 1,045.50 $ 250.00 Northern Illinois Foodbank Site Plan 7/8/2010 $ 44.33 $ 44.33 Brundige Green Business Center Preliminary/Final Plat 7/8/2010 7/8/2010 27 $ 44.33 $ 229.50 $ 133.00 $ 406.83 $ 380.00 B3 Secondhand Shops Text Amendment 7/8/2010 7/8/2010 23 $ 44.33 $ 195.50 $ 57.00 $ 296.83 $ 250.00 Prana Yoga Center Text Amendment 6/10/2010 6/10/2010 12 $ 47.50 $ 235.00 $ 58.00 $ 340.50 $ 250.00 Eakins (1N711 Brundidge Rd) Preliminary/Final Plat 5/13/2010 5/13/2010 13 $ 57.00 $ 240.00 $ 167.00 $ 464.00 $ 355.00 Martin Farm Holdings Site Plan 5/13/2010 $ 57.00 $ 57.00 $ 72.40 $ 544.31 $ 250.00 Public Hearing No Public Hearing Average $ 494.65 Max $ 1,547.87 Min $ 182.21 Average $ 65.37 Max $ 114.00 Min $ 28.50

Map Amendment Comprehensive Plan Amendment Special Use Aurora $800 * Batavia $500 Aurora $800 * Batavia $700 Geneva $250 Batavia $500 Carol Stream $640 West Chicago $500 Carol Stream $800 * Carpentersville $500 Woodridge $500 Carpentersville $500 *** Downers Grove $450 Average $438 Downers Grove $662 ** Geneva $250 Elmhurst $750 Lombard $500 Geneva $250 Naperville $443 ** Lombard $600 * North Aurora $300 ** Naperville $443 ** Palatine $537 North Aurora $300 South Elgin $150 ** Palatine $797 St. Charles $500 ** South Elgin $150 ** Sugar Grove $750 St. Charles $750 West Chicago $500 Sugar Grove $750 Wheaton $500 *** West Chicago $700 * *** Woodridge $500 Wheaton $500 Average $501 Woodridge $500 Average $574 Text Amendment Variances Batavia $500 Aurora $475 ** Carol Stream $640 Batavia $475 ** Downers Grove $450 Carol Stream $640 Geneva $250 Carpentersville $325 ** Lombard $600 Downers Grove $412 ** Palatine $338 ** Elmhurst $500 St. Charles $500 Geneva Sugar Grove $750 Lombard $378 ** West Chicago $600 *** Naperville $325 Wheaton $500 North Aurora $200 Woodridge $500 Palatine $500 ** Average $512 South Elgin $150 ** St. Charles $300 Sugar Grove $500 West Chicago $500 ** *** Wheaton $150 ** Woodridge $100 ** Average $371 * Base fee only. ** Average of multiple rates. *** Plus deposit. Exhibit B. Plan Commission Application Fee Comparison Survey Fees for Annexations, PUDs and Subdivisions not included due to use of different formulas to determine fees.

Exhibit C. Additional Fees or Deposits Required by Other Municipalities Municipality Fee Batavia Public hearing notice and recordation Bill for cost Lombard Newspaper publication fee $200 Court reporter appearance $35 Public hearing signs for conditional use and map amendment $100 Naperville Publication of legal notice $80 minimum or bill for cost North Aurora Professional services fee (legal notices, court reporter, village attorney, etc.) Bill for cost Palatine Preliminary plat plan review fee 150% of the rate per hour of personnel participating in review process Final plat document processing fee $154 South Elgin Reimbursement of staff review time $500-$2500 deposit to reimburse for project related expenses St. Charles Reimbursement of fees for professional services (includes attorneys, engineers, court reporter, notices, recordation, and consultants) Deposit ranges from $1000 to $10000 depending on project West Chicago Additional deposit required for third party costs $500 to $1000 Wheaton Court reporter and transcript fee Woodridge Reimbursement of fees for professional services (includes attorneys, engineers, court reporter, notices, recordation, and consultants) Bill for cost Deposit ranges from $1000 to $10000 depending on project

ORDINANCE 2013-XX AN ORDINANCE ESTABLISHING APPLICATION FEES FOR PLAN COMMISSION HEARINGS PERTAINING TO TITLE 11 (ZONING) OF THE GENEVA CITY CODE WHEREAS, the application fees for Plan Commission hearings pertaining to the Title 11 of the Geneva City Code (Zoning Ordinance) has not updated since 1990; and WHEREAS, Title 11, Section 11-14-6 establishes application procedures for zoning ordinance text amendments, zoning map amendments, sign variations, and special use permit; and states that the owner, contract purchaser or others having an economic interest shall file an application with the Community Development Department, accompanied by a nonrefundable fee established from time to time by the city council ; and WHEREAS, Title 11, Section 11-14A-5 establishes application procedures for site plan reviews; and states that the owner of the property, or a duly authorized representative of the owner shall file an application with the Community Development Department, accompanied by a nonrefundable fee established from time to time by the city council ; and WHEREAS, Title 11, Section 11-9-4 establishes application procedures for preliminary and final Planned Unit Developments; and states that the owner shall file an application with the Community Development Department, accompanied by a nonrefundable fee established from time to time by the city council; and WHEREAS, City staff conducted an analysis of the City s application fees for Plan Commission hearings and presented the analysis to the Committee of the Whole of the City Council on May 28, 2013; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: Zoning ordinance text amendment, zoning map amendment, special use permit, site plan review, and preliminary and final Planned Unit Development application fees for a Plan Commission hearing are set as follows: Request Nonrefundable fee Deposit Comprehensive Plan Amendment $500 for 2 plan reviews, $100 $500 for each additional review Planned Unit Development Preliminary $500 for 2 plan reviews, $100 for each additional review Planned Unit Development Final $500 for 2 plan reviews, $100 for each additional review $500 - Ordinance 2013-XX Page 1 of 2

Sign Variation $500 for 2 plan reviews, $100 for each additional review Site Plan Review $500 for 2 plan reviews, $100 for each additional review Special Use $500 for 2 plan reviews, $100 for each additional review Zoning Ordinance Text Amendment $500 for 2 plan reviews, $100 for each additional review Zoning Map Amendment $500 for 2 plan reviews, $100 for each additional review $500 - $500 $500 $500 Requests that require legal review - $1,000 Requests that require stormwater review $50 $2500 SECTION 2: The above application fees shall go into effect upon approval by the Geneva City Council. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this day of 2013. AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this day of 2013. Mayor ATTEST: City Clerk Ordinance 2013-XX Page 2 of 2

Agenda Item: AGENDA ITEM EXECUTIVE SUMMARY Consideration of a Special Use for property located at 227 East Side Drive To allow the continued use and expansion of a church in the R2 Medium Density Single-Family Residential District. Presenter & Title: Dick Untch, Community Development Director David DeGroot, City Planner Date: May 28, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: $0 Budgeted? NO Executive Summary: The Fox Valley Presbyterian Church (FVPC) has been located at 227 East Side Drive since 1956. Over the past fifty-seven years FVPC has added onto their facility three times (1960 s, 1979, and 1992) to accommodate their growing congregation. Today, FVPC would like to update their facility to better serve their congregation and community. The proposed design calls for the demolition of their 6,280 square foot, 1-story, education area and the construction of a 10,480 square foot, 1-story addition, in its place. The new addition (a net gain of 4,200 square feet) would include space for religious education, preschool education, and food preparation. The proposed addition would not increase the seating capacity of the sanctuary. Please see the attached development plans. FVPC is located in the R2 Medium Density Single-Family Residential District. Religious institutions are allowed by Special Use in the R2 District. The existing church does not have the required special use and is therefore a nonconforming use. The nonconforming provisions in the Zoning Ordinance (adopted in 1995, after the most recent 1992 building addition) do not allow for the expansion of a nonconforming use. Therefore, the applicant is requesting a Special Use to bring the existing church into use conformity and to allow for expansion of the existing facility. Attachments: (please list) Staff Report Draft Ordinance Development Plans Recommendation / Suggested Action: (briefly explain) At its meeting on April 11, 2013 the Plan Commission recommended approval of the requested Special Use in the R2 Medium Density Single-Family Residential District to allow the continued use and expansion of the Fox Valley Presbyterian Church located at 227 East Side Drive. As shown at Exhibit B of the attached draft ordinance, the Plan Commission made findings of fact on each of the nine (9) special use standards set forth in Section 11-14-4(F) of the Zoning Ordinance.

Community Development Department Report GENEVA COMMITTEE OF THE WHOLE MAY 28, 2013 Applicant & Property Owner SPECIAL USE FOX VALLEY PRESBYTERIAN CHURCH 227 EAST SIDE DRIVE Fox Valley Presbyterian Church Location 227 East Side Drive Request Special use to allow the continued use and expansion of a church in the R2 Medium Density Single-Family Residential District Recommendation At its meeting on April 11, 2013 the Plan Commission recommended approval of a Special Use to allow the continued use and expansion of Fox Valley Presbyterian Church Staff Liaison David DeGroot City Planner Phone: (630) 232-0814 Email: ddegroot@geneva.il.us Figure 1. Location Map. Prepared by Geneva Planning Division, April 2013. BACKGROUND The Fox Valley Presbyterian Church (FVPC) has been located at 227 East Side Drive since 1956. Over the past fifty-seven years FVPC has added onto their facility three times (1960 s, 1979, and 1992) to accommodate their growing congregation. Today, FVPC would like to update their facility to better serve their congregation and community. The proposed design calls for the demolition of their 6,280 square foot, 1-story, education area and the construction of a 10,480 square foot, 1-story addition, in its place. The new addition (a net gain of 4,200 square feet) would include space for religious education, preschool education, and food preparation. The proposed addition would not increase the seating capacity of the sanctuary. Please see the attached development plans. FVPC is located in the R2 Medium Density Single-Family Residential District.

Page 2 of 4 Geneva Committee of the Whole Special Use: 227 East Side Drive Religious institutions are allowed by Special Use in the R2 District. The existing church does not have the required special use and is therefore a nonconforming use. The nonconforming provisions in the Zoning Ordinance (adopted in 1995, after the most recent 1992 building addition) do not allow for the expansion of a nonconforming use. Therefore, the applicant is requesting a Special Use to bring the existing church into use conformity and to allow for expansion of the existing facility. REQUEST A request, pursuant to Sections 11-5D-3 and 11-14-4 of the Geneva Zoning Ordinance, for a special use to allow the continued use and expansion of a church in the R2 Medium Density Single-Family Residential District. PROPERTY INFORMATION As shown in Figure 1, the subject property is located on East Side Drive, directly north of ALDI and the Safanda Law Firm offices. The property is approximately 5 acres in size and has 237 feet of frontage on East Side Drive. The property is currently improved with a 1-story, 21,196 square foot church with a 406-seat sanctuary, and a 156 stall parking lot. Fox Valley Presbyterian Church is located in the R2 Medium Density Single-Family District. The property is designated for Public/Institutional use in the City s adopted Comprehensive Plan. Please see Table 1 below and Figures 3 and 4 on the following page for surrounding property information including existing zoning, existing land uses, and future land use designations. Figure 2. Fox Valley Presbyterian Church, 227 East Side Drive. April 2013. Table 1. Surrounding Property Information. Prepared by Geneva Planning Division, April 2013. LOCATION ZONING DISTRICT LAND USE COMPREHENSIVE PLAN Subject Property North R2 Medium Density Single-Family Residential District R2 Medium Density Single-Family Residential District Fox Valley Presbyterian Church Single-Family Residences South B4 Business District ALDI, Orlando s Pizza, Safanda Law Firm Public/Institutional Single-Family Residential Neighborhood/Corridor Commercial East R7 Multiple-Family Apartment Buildings Multiple-Family Residential District Residential West B4 Business District Geneva Fire Station Public/Institutional

Page 3 of 4 Geneva Committee of the Whole Special Use: 227 East Side Drive Figure 3. Zoning Map of the Subject Property and Surrounding Area. Prepared by Geneva Planning Division, April 2013. Fox Valley Presbyterian Church Figure 4. Future Land Use Designation of the Subject Property and Surrounding Area, based on the 2003 Comprehensive Plan. Prepared by Geneva Planning Division, April 2013.

Page 4 of 4 Geneva Committee of the Whole Special Use: 227 East Side Drive REVIEW COMMENTS Special Use Standards Findings of Fact Staff has evaluated the proposed Special Use in relation to the nine (9) special use standards the Plan Commission uses in formulating it findings of fact, as set forth in Section 11-14-4(F) of the Zoning Ordinance. After reviewing the information and documents provided by the applicant and hearing testimony provided at the public hearing; the Plan Commission adopted staff s analysis of the nine (9) special use standards as their findings of fact. The adopted findings of fact are shown in Exhibit B of the attached draft ordinance. PLAN COMMISSION RECOMMENDATION At its meeting on April 11, 2013 the Plan Commission recommended approval of the requested Special Use in the R2 Medium Density Single-Family Residential District to allow the continued use and expansion of the Fox Valley Presbyterian Church located at 227 East Side Drive. As shown at Exhibit B of the attached draft ordinance, the Plan Commission made findings of fact on each of the nine (9) special use standards set forth in Section 11-14-4(F) of the Zoning Ordinance. A copy of the minutes and transcripts from the Plan Commission meeting will be forwarded for your review under separate cover. REVIEW/APPROVAL PROCESS: NEXT STEPS* 1. June 3, 2013 City Council consideration of request *This timeline is provided for informational purposes only, exact dates are subject to change. ATTACHMENTS Draft Ordinance Development Plans (Site Plan, Floor Plan, Building Elevations, Landscape Plan, Preliminary Engineering Plans) A copy of the minutes and transcripts from the Plan Commission meetings will be forwarded for your review under separate cover. Audio files of the Plan Commission meetings are available upon request.

ORDINANCE NUMBER 2013 - XX AN ORDINANCE GRANTING A SPECIAL USE IN THE R2 MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO ALLOW THE CONTINUED USE AND EXPANSION OF THE FOX VALLEY PRESBYTERIAN CHURCH LOCATED AT 227 EAST SIDE DRIVE WHEREAS, an application was duly filed with the Geneva Plan Commission on the 19 th day of February, by Fox Valley Presbyterian Church, requesting a Special Use in the R2 Medium Density Single- Family Residential District to allow the continued use and expansion of a church located at 227 East Side Drive, legally described in Exhibit A attached hereto and made a part hereof (hereinafter referred to as the SUBJECT REALTY ); and WHEREAS, a Notice of Public Hearing on the application was duly published on March 27, 2013, in the Daily Herald, a newspaper of general circulation in the City of Geneva, and the Public Hearing was held by the Plan Commission on April 11, 2013 in the manner and form as provided with respect to the Special Use under Chapter 14-4 of Title 11 of the Geneva City Code (Zoning Ordinance) as amended; and WHEREAS, the application was presented to the Plan Commission at the Public Hearing, who received exhibits and testimony from the applicant and City Staff; and WHEREAS, after deliberation, the Plan Commission recommended approval of the application and adopted the findings of fact which are attached hereto and made a part hereof as Exhibit B ; and WHEREAS, the Committee-of-the-Whole of the City Council of the City of Geneva received the entire record of the Plan Commission public hearing, the Plan Commission s findings of fact and the Plan Commission s recommendation and considered same on May 28, 2013; and WHEREAS, the City Council of the City of Geneva considered the entire record, the Plan Commission s findings of fact, and the recommendations of the Plan Commission and the Committee of the Whole on June 3, 2013; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: ADOPTION OF RECITALS. The recitals set forth above are hereby adopted by reference as if fully set forth in this Section 1. SECTION 2: SPECIAL USE FOR CHURCH Subject to the satisfaction of the conditions set forth at Section 3 below, Title 11 (Zoning Ordinance) of the City of Geneva City Code is hereby amended by granting a Special Use to allow the continued use Ordinance 2013- Page 1 of 6

and expansion of a church located at 227 East Side Drive, pursuant to Chapter 14-4 of the Zoning Ordinance. The findings of fact set forth at Exhibit B attached hereto are hereby adopted by reference. SECTION 3: CONDITIONS OF APPROVAL A. The City s Engineering Division shall approve the Final Engineering Plans prior to Building Permit issuance. SECTION 4: PREAMBLES AND EXHIBITS The preambles set forth at the beginning of this Ordinance, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Ordinance. SECTION 5: EFFECTIVE DATE That this Ordinance shall become effective from and after its passage and approval in accordance with law. 2013. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this day of, AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: 9 2013. APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this day of, Mayor ATTEST: City Clerk Ordinance 2013- Page 2 of 6

EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 43 45' WEST 3.18 CHAINS; THENCE NORTH 5 EAST 26.10 CHAINS TO THE NORTHERLY LINE EXTENDED WESTERLY OF A TRACT OF LAND CONVEYED TO ZANDER BOWMAN; THENCE SOUTH 73 25' EAST ALONG THE NORTHERLY LINE EXTENDED OF SAID BOWMAN TRACT 9.29 CHAINS TO THE CENTER LINE OF EAST SIDE DRIVE FOR THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID CENTER LINE 230.51 FEET TO THE SOUTHWEST CORNER OF GREEN WILLOWS, UNIT NO. 1; THENCE EASTERLY ALONG A SOUTHERLY LINE OF SAID UNIT 729.32 FEET TO AN ANGLE IN SAID SOUTHERLY LINE; THENCE SOUTHERLY ALONG A WESTERLY LINE OF SAID UNIT 385.10 FEET TO THE NORTHERLY LINE EXTENDED OF SAID BOWMAN TRACT; THENCE WESTERLY ALONG SAID NORTHERLY LINE EXTENDED AND SAID NORTHERLY LINE 779.68 FEET TO THE POINT OF BEGINNING, IN THE CITY OF GENEVA, KANE COUNTY, ILLINOIS. Ordinance 2013- Page 3 of 6

EXHIBIT "B" FINDINGS OF FACT 1. The proposed use at the specified location is consistent with the comprehensive plan. The requested Special Use to allow the continued use and expansion of the Fox Valley Presbyterian Church located at 227 East Side Drive is consistent with City s adopted Comprehensive Plan. The property is designated as Public/Institutional use in the Comprehensive Plan which calls for continued maintenance and use of existing public/institutional facilities in the East State Street subarea. 2. The proposed building or use will not diminish the value of adjacent and nearby properties. The requested Special Use to allow the continued use and expansion of the Fox Valley Presbyterian Church should not diminish the value of adjacent and nearby properties. FVPC has operated at this location since 1956. Development has occurred around the church since that time, including the Green Willow subdivision to the north and east in 1963, and more recently redevelopment of properties along East Side Drive and East State Street including CVS in 2001, the Geneva Fire Station in 2002, and ALDI in 2006. The proposed addition represents a significant investment in the property, which would increase the ability of the property to be used for a public/institutional use in the future. The proposed improvements would provide additional and more functional space for religious education, preschool education and food preparation. The seating capacity of the church would not be increased nor is an increase in preschool enrollment expected, therefore the proposed changes should not generate more traffic to the site. Additionally, the proposed improvements comply with the bulk regulations (setbacks, lot coverage, building height, etc.) of the underlying R2 zoning and are therefore compatible with the single family properties to the north. 3. The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use. The requested Special Use to allow the continued use and expansion of the Fox Valley Presbyterian Church should not substantially or unduly increase traffic, traffic congestion, and on-street parking demand in the immediate vicinity. Per the Geneva Zoning Ordinance, a church is required to provide 1 parking space for every 6 seats in the sanctuary. There are 406 fixed seats in FVPC s sanctuary, which requires that 68 parking spaces be provided on the site. There are currently 156 parking spaces on the property. As the proposed improvements would not increase the seating capacity of the sanctuary and are not expected to generate more traffic to the site, no changes to the existing parking lot are proposed. Ordinance 2013- Page 4 of 6

4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets. The requested Special Use to allow for the continued use and expansion of FVPC has adequate ingress and egress to minimize vehicle conflicts and congestion in the public streets. FVPC currently has 1 full access curb cut on East Side Drive. As the proposed addition is not expected to generate additional traffic to the site, no changes are proposed to the existing access. 5. The proposed building or use will not adversely affect or change the character of the area in which it is located. The requested Special Use to allow the continued use and expansion of FVPC should not adversely affect or change the character of the area in which it is located. FVPC has operated at this location since 1956. Development has occurred around the church since that time, including the Green Willow subdivision to the north and east in 1963, and more recently redevelopment of properties along East Side Drive and East State Street including CVS in 2001, the Geneva Fire Station in 2002, and ALDI in 2006. The proposed improvements would provide additional and more functional space for religious education, preschool education and food preparation. The seating capacity of the church would not be increased; therefore the proposed changes should not generate more traffic to the site. Additionally, the proposed improvements comply with the bulk regulations (setbacks, lot coverage, building height, etc.) of the underlying R2 zoning and are therefore compatible with the single family properties to the north. 6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties. The requested Special Use to allow the continued use and expansion of FVPC should not have any adverse affect on the use and development of adjacent and nearby properties. FVPC has operated at this location since 1956. Development has occurred around the church since that time, including the Green Willow subdivision to the north and east in 1963, and more recently redevelopment of properties along East Side Drive and East State Street including CVS in 2001, the Geneva Fire Station in 2002, and ALDI in 2006. The proposed improvements comply with the bulk regulations (setbacks, lot coverage, building height, etc.) of the underlying R2 zoning and are therefore compatible with the single family properties to the north. The proposed improvements would provide additional and more functional space for religious education, preschool education and food preparation. The seating capacity of the church would not be increased; therefore the proposed changes should not generate more traffic to the site. Ordinance 2013- Page 5 of 6

7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties. City staff has confirmed that adequate utility, drainage, parking and other necessary facilities are available to serve the existing church and the proposed expansion of the building. The requested Special Use should not adversely affect the use, development, or value of adjacent and nearby properties. 8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use. The requested Special Use would bring the existing use of the property into compliance with the Special Use requirement set forth in the Geneva Zoning Ordinance. The Special Use would also allow for the proposed expansion of the building and use. The proposed improvements comply with the bulk regulations (setbacks, lot coverage, building height, etc.) of the underlying R2 zoning. The building addition will be required to comply with all applicable Building Code and Fire Code requirements. 9. That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood. The fenestration of the proposed building addition will be similar to the fenestration on the existing structures to the east and west of the proposed addition. Therefore, the new building addition will not cause a substantial depreciation in property values in the neighborhood. Ordinance 2013- Page 6 of 6