Agenda - Tuesday, May 19, 2015

Transcription

KANE COUNTY
KOJZAREK, Barreiro, Davoust, Haimann, Martin, Pollock, Smith & ex-officio
Frasz and Kenyon
COUNTY DEVELOPMENT COMMITTEE
TUESDAY, MAY 19, 2015
County Board Room
Agenda
10:30 AM
Kane County Government Center, 719 S. Batavia Ave., Bldg. A, Geneva, IL 60134
1.
Call to Order
2.
Approval of Minutes: April 21, 2015
3.
Monthly Financials
A.
Development Committee Financial Reports (attached)
4.
Public Comment
5.
Building & Zoning Division
A.
Monthly Report (attached)
B.
Zoning Petitions
Petition # 4345
Petitioner:
Petition # 4346
Petitioner:
Petition # 4347
Petitioner:
Petition # 4348
Petitioner:
ST. CHARLES TOWNSHIP
Nicholas Casiello, et ux
GENEVA TOWNSHIP
Jack Rada Trust
Clesen Brothers, Inc.
C. Resolution: Amending an Intergovernmental Agreement with the Village of Wayne
Regarding Zoning Petitions Nos. 4345 and 4346
6.
Planning & Special Projects
A.
7.
May Planning Division Staff Report
Subdivision
A.
Approve Minor Adjustment Request MC-15-56 Mill Creek PUD, Neighborhood M-21
Section 7, Geneva Township (attached)
8.
Environmental Resources
9.
Water Resources
A.
Cost Share 2015-001 - Hazelwood Ravine Stabilization
B.
Ordinance: Amending Appendix A of Ordinance #05-310 Administrative Adjudication
of Ordinance Violations
10. Office of Community Reinvestment
11. Settler's Hill End Use Update
12. New Business
13. Reports Placed On File
Kane County
Page 1
Agenda
County Development Committee
May 19, 2015
14. Executive Session (If Needed)
15. Adjournment
Kane County
Page 2
Development Committee Revenue Report - Summary
Through April 30, 2015 (41.7% YTD)
670 Environmental Management
420 Stormwater Management
650 Enterprise Surcharge
651 Enterprise General
690 Development
001 General Fund
400 Economic Development
401 Community Dev Block Program
402 HOME Program
403 Unincorporated Stormwater Mgmt
404 Homeless Management Info Systems
405 Cost Share Drainage
406 OCR & Recovery Act Programs
407 Quality of Kane Grants
408 Neighborhood Stabilization Progr
409 Continuum of Care Planning Grant
435 Growing for Kane
521 Bowes Creek Special Service Area
5300 Sunvale SBA SW 37
5301 Middle Creek SBA SW38
5302 Shirewood Farm SSA SW39
5303 Ogden Gardens SBA SW40
5304 Wildwood West SBA SW41
5305 Savanna Lakes SBA SW42
5306 Cheval DeSelle Venetian SBA SW43
5308 Plank Road Estates SBA SW45
5310 Exposition View SBA SW47
5311 Pasadena Drive SBA SW48
5312 Tamara Dittman SBA SW 50
Grand Total
Current
Month
Transactions
28,141
2,043
15,474
10,625
Total
YTD Actual
Total %
Amended
Transactions Received
Budget
2,816,567
292,253
10.38%
508,179
107,856
21.22%
2,288,388
169,776
7.42%
20,000
14,621
73.11%
140,149
30,097
475
101,064
0
182
6,868
1,408
0
11
0
0
12
2
3
2
0
10
15
0
0
0
0
0
0
5,390,825
1,076,400
228,977
1,390,101
975,615
0
159,259
583,500
415,921
0
497,154
26,526
0
0
988
1,950
2,349
2,540
9,752
2,825
5,009
3,350
4,110
2,959
1,540
2,220,291
374,305
884
989,232
436,994
337
47,217
287,870
76,364
21
0
1,974
5,037
2
5
2
0
19
28
0
0
0
0
0
0
41.19%
34.77%
0.39%
71.16%
44.79%
0
29.65%
49.34%
18.36%
0
0.00%
7.44%
0
0
0.55%
0.12%
0.00%
0.73%
0.29%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
168,290
8,207,392
2,512,544
30.61%
Packet Pg. 3
Development Committee Expenditure Report - Summary
Through April, 2015 (41.7% YTD, 42.31% Payroll)
690 Development
001 General Fund
402 HOME Program
Grand Total
Current
Month
Transactions
66,710
3,086
63,624
0
Total
YTD Actual
YTD
Amended
Transactions Encumbrances
Budget
2,816,567
548,680
102,959
508,179
75,314
28,983
2,288,388
473,366
73,976
20,000
0
0
Total %
Used
23.14%
20.52%
23.92%
0.00%
203,537
100,067
0
69,226
3,194
6,869
0
19,688
0
4,160
0
334
0
0
0
0
0
0
0
0
0
0
0
5,814,121
1,499,696
228,977
1,390,101
975,615
159,259
583,500
415,921
0
497,154
26,526
0
988
1,950
2,349
2,540
9,752
2,825
5,009
3,350
4,110
2,959
1,540
2,179,328
576,532
0
994,538
376,245
47,217
48,251
94,414
832
14,477
1,974
10,334
0
0
0
0
0
2,825
4,893
3,240
3,555
0
0
72,569
1,344
0
19,597
0
0
51,628
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
38.73%
38.53%
0.00%
72.95%
38.56%
29.65%
17.12%
22.70%
0
2.91%
7.44%
0
0.00%
0.00%
0.00%
0.00%
0.00%
100.00%
97.68%
96.72%
86.50%
0.00%
0.00%
270,247
8,630,688
2,728,008
175,529
33.64%
Packet Pg. 4
Development Committee Expenditure Report - Detail
Through April 30, 2015 (41.7% YTD, 42.31% Payroll)
Personnel Services- Salaries & Wages
Personnel Services- Employee Benefits
Contractual Services
Commodities
Current
Month
Transactions
66,710
3,086
2,408
677
0
0
Commodities
Capital
Transfers Out
63,624
13,616
3,712
13,692
316
32,287
0
2,288,388
170,932
66,547
1,709,097
18,400
32,287
291,125
473,366
74,972
19,817
49,278
5,887
32,287
291,125
73,976
0
0
72,856
1,121
0
0
23.92%
43.86%
29.78%
7.15%
38.08%
100.00%
100.00%
0
0
20,000
20,000
0
0
0
0
0.00%
0.00%
690 Development
001 General Fund
Commodities
203,537
100,067
84,556
12,582
2,193
736
5,814,121
1,499,696
1,134,379
195,508
138,429
31,380
2,179,328
576,532
479,282
70,069
22,987
4,195
72,569
1,344
0
0
654
690
38.73%
38.53%
42.25%
35.84%
17.08%
15.57%
Commodities
0
0
0
0
0
228,977
132,492
43,867
52,218
400
0
0
0
0
0
0
0
0
0
0
0.00%
0.00%
0.00%
0.00%
0.00%
Commodities
Capital
69,226
10,176
3,114
55,936
0
0
1,390,101
118,992
38,593
1,208,466
2,150
21,900
994,538
54,672
16,132
923,682
52
0
19,597
0
0
0
0
19,597
72.95%
45.95%
41.80%
76.43%
2.42%
89.48%
402 HOME Program
Commodities
Capital
3,194
2,521
599
74
0
0
975,615
48,366
11,217
914,482
1,050
500
376,245
13,480
3,107
359,631
26
0
0
0
0
0
0
0
38.56%
27.87%
27.70%
39.33%
2.48%
0.00%
Commodities
Capital
6,869
0
0
6,869
0
0
159,259
31,950
18,299
86,310
200
22,500
47,217
0
0
47,217
0
0
0
0
0
0
0
0
29.65%
0.00%
0.00%
54.71%
0.00%
0.00%
Contingency and Other
Total
YTD Actual
YTD
Amended
Budget
2,816,567
548,680
102,959
508,179
75,314
28,983
29,038
13,327
0
8,533
3,622
0
469,408
58,358
28,983
1,200
8
0
Total %
Used
23.14%
20.52%
45.89%
42.44%
18.61%
0.63%
Packet Pg. 5
Capital
Commodities
Current
Month
Transactions
0
0
0
Total
YTD Actual
YTD
Amended
Budget
583,500
48,251
51,628
240,000
2,950
40,176
343,500
45,301
11,452
Total %
Used
17.12%
17.97%
16.52%
19,688
5,041
2,110
12,538
0
415,921
75,233
34,865
304,023
1,800
94,414
29,209
11,491
53,671
43
0
0
0
0
0
22.70%
38.82%
32.96%
17.65%
2.40%
0
0
0
0
832
832
0
0
0
0
4,160
3,284
876
0
497,154
42,044
9,927
445,183
14,477
8,965
2,386
3,126
0
0
0
0
2.91%
21.32%
24.04%
0.70%
0
0
0
0
0
26,526
11,706
6,414
8,331
75
1,974
0
0
1,974
0
0
0
0
0
0
7.44%
0.00%
0.00%
23.69%
0.00%
334
334
0
0
10,334
10,334
0
0
0
0
Transfers Out
0
0
0
988
500
488
0
0
0
0
0
0
0.00%
0.00%
0.00%
Transfers Out
0
0
0
1,950
200
1,750
0
0
0
0
0
0
0.00%
0.00%
0.00%
Transfers Out
0
0
2,349
2,349
0
0
0
0
0.00%
0.00%
Transfers Out
0
0
2,540
2,540
0
0
0
0
0.00%
0.00%
Transfers Out
0
0
0
9,752
1,000
8,752
0
0
0
0
0
0
0.00%
0.00%
0.00%
Transfers Out
0
0
2,825
2,825
2,825
2,825
0
0
100.00%
100.00%
Transfers Out
0
0
0
5,009
116
4,893
4,893
0
4,893
0
0
0
97.68%
0.00%
100.00%
Transfers Out
0
0
0
3,350
110
3,240
3,240
0
3,240
0
0
0
96.72%
0.00%
100.00%
Packet Pg. 6
Current
Month
Transactions
Total
Amended
Budget
YTD Actual
YTD
Total %
Used
Transfers Out
0
0
0
0
4,110
504
51
3,555
3,555
0
0
3,555
0
0
0
0
86.50%
0.00%
0.00%
100.00%
Transfers Out
0
0
0
0
2,959
575
33
2,351
0
0
0
0
0
0
0
0
0.00%
0.00%
0.00%
0.00%
Transfers Out
0
0
1,540
1,540
0
0
0
0
0.00%
0.00%
270,247
8,630,688
2,728,008
175,529
33.64%
Grand Total
Packet Pg. 7
Development Accounts Payable by GL
Distribution
Payment Date Range 04/01/15 - 04/30/15
Vendor
Invoice No.
Invoice Description
Fund 001 - General Fund
Department 690 - Development
Sub-Department 690 - County Development
Account 50150 - Contractual/Consulting Services
1248 - Kinnally Flaherty Krentz & Loran PC CR2093-01/31 Duplicate payment
2517 - Village of Big Rock
2015- 1Q
3426 - Village of Kaneville
2015/1Q
Account 53070 - Legal Printing
2697 - Chicago Tribune
001847599
Quarterly Building
Permit Fees
Quarterly Building
Permit Fees
Zoning Petitions Legal
Ads 218360/368/365
Status
Held Reason
Invoice Date
Due Date
Paid by Check
12/11/2014 03/23/2015
# 344507
Paid by EFT #
04/10/2015 04/14/2015
27919
Paid by Check
04/10/2015 04/14/2015
# 344895
Account 50150 - Contractual/Consulting Services Totals
Paid by Check
# 344397
02/28/2015
03/30/2015
Account 53070 - Legal Printing Totals
Account 53100 - Conferences and Meetings
4504 - Karen Ann Miller
30515
Conference, Mileage
4504 - Karen Ann Miller
33015
Conference
9802 - Matthew Tansley
32515
Conference
Account 53120 - Employee Mileage Expense
4815 - Gerald D. Regan
32615
Mileage - 3/06/15,
3/09/15, 3/11/15
Account 60000 - Office Supplies
9977 - Christie Duffy
32515
3578 - Warehouse Direct Office Products
2624288-0
Name Badges
Office Supplies Calendar refills
1024 - Ice Mountain Direct
15C810594178
8
Run by Finance Reports on 05/04/2015 02:44:54 PM
Invoice Amount
03/23/2015
04/06/2015
(570.00)
04/14/2015
04/20/2015
30.00
04/14/2015
04/20/2015
147.80
Invoice Transactions 3
03/30/2015
04/06/2015
($392.20)
575.00
$575.00
04/02/2015
04/20/2015
31.19
04/02/2015
04/20/2015
473.19
04/02/2015
04/20/2015
7.60
Paid by Check
03/26/2015 03/20/2015
# 344562
Account 53120 - Employee Mileage Expense Totals
03/20/2015
Paid by Check
# 344692
Paid by EFT #
27922
04/06/2015
$511.98
72.46
$72.46
03/25/2015
04/02/2015
04/02/2015
04/20/2015
3.88
03/04/2015
04/14/2015
04/14/2015
04/20/2015
12.80
Toner - Hp DesignJet
Paid by EFT #
03/26/2015 03/30/2015
Cyan
27494
Monthly water service - Paid by EFT #
04/02/2015 04/14/2015
bottle/jugs
27793
Account 60010 - Operating Supplies Totals
Account 60050 - Books and Subscriptions
3235 - The Journal of Light Construction
2015-00000750 2 year subscription Dave Soderquist
Received Date Payment Date
Paid by EFT #
03/05/2015 04/02/2015
27843
Paid by EFT #
03/30/2015 04/02/2015
27843
Paid by Check
03/25/2015 04/02/2015
# 344878
Account 53100 - Conferences and Meetings Totals
Account 60000 - Office Supplies Totals
Account 60010 - Operating Supplies
8878 - AEC Technology, Inc.
6410
G/L Date
Paid by Check
03/13/2015 04/14/2015
# 344880
Account 60050 - Books and Subscriptions Totals
Sub-Department 690 - County Development Totals
$16.68
03/30/2015
04/06/2015
139.99
04/14/2015
04/20/2015
42.75
04/14/2015
04/20/2015
$182.74
64.95
$64.95
$1,031.61
Page 1 of 5
Packet Pg. 8
Distribution
Vendor
Invoice No.
Invoice Description
Sub-Department 691 - Administrative Adjudication Prog
2477 - Camic, Johnson, Ltd
03122015
Administrative
Adjudication Hearings
3/12/2015
Status
Paid by Check
# 344389
Held Reason
Invoice Date
Due Date
G/L Date
03/12/2015
03/30/2015
03/30/2015
Sub-Department 691 - Administrative Adjudication Prog
Totals
Totals
Totals
Totals
Fund 401 - Community Dev Block Program
Sub-Department 711 - Community Developmt Block Grant
Account 55000 - Miscellaneous Contractual Exp
3476 - Community Contacts, Inc.
2013-02-A-06
Housing Rehabilitaiton
Program
3415 - Lazarus House
2014-08-03
Emergency Shelter
Services
8023 - Housing Continuum Inc
2014-02-05
Foreclosure
Redevelopment
8930 - Impact Networking, LLC
475988
Konica Minolta Monthly
Charge KC07
Paid by Check
03/23/2015 03/31/2015
# 344441
Paid by Check
03/10/2015 03/31/2015
# 344515
Paid by EFT #
04/06/2015 04/13/2015
27790
Paid by EFT #
03/16/2015 04/13/2015
27798
Account 55000 - Miscellaneous Contractual Exp Totals
Sub-Department 711 - Community Developmt Block Grant Totals
Department 690 - Development Totals
Fund 401 - Community Dev Block Program Totals
Fund 402 - HOME Program
Sub-Department 712 - HOME Program
Account 53070 - Legal Printing
1226 - Shaw Media
491734
Legal Notice
Paid by Check
# 344570
03/17/2015
03/31/2015
Account 53070 - Legal Printing Totals
Account 55000 - Miscellaneous Contractual Exp
8545 - Spillane and Sons Ltd.
2014-12-A-05
Foreclosure
Redevelopment
Paid by EFT #
03/19/2015 03/31/2015
27652
Account 55000 - Miscellaneous Contractual Exp Totals
Sub-Department 712 - HOME Program Totals
Department 690 - Development Totals
Fund 402 - HOME Program Totals
Invoice
Invoice
Invoice
Invoice
04/06/2015
400.00
1
1
14
14
$400.00
$400.00
$1,431.61
$1,431.61
03/31/2015
04/06/2015
24,054.00
03/31/2015
04/06/2015
9,540.00
04/13/2015
04/20/2015
55,735.00
04/13/2015
04/20/2015
18.00
Invoice
Invoice
Invoice
Invoice
Transactions
Transactions
Transactions
Transactions
Invoice Amount
Transactions
Transactions
Transactions
Transactions
03/31/2015
4
4
4
4
04/06/2015
03/31/2015
Invoice
Invoice
Invoice
Invoice
04/06/2015
Transactions
Transactions
Transactions
Transactions
1
2
2
2
$89,347.00
$89,347.00
$89,347.00
$89,347.00
133.80
$133.80
40,500.00
$40,500.00
$40,633.80
$40,633.80
$40,633.80
Page 2 of 5
Packet Pg. 9
Distribution
Vendor
Invoice No.
Invoice Description
Fund 405 - Cost Share Drainage
Sub-Department 715 - Cost Share Drainage
1196 - Huddleston McBride Drainage Co.
12515
KANELAND ESTATES
DRAINAGE PROJECT
INV 12515
Status
Paid by EFT #
27581
Held Reason
Invoice Date
Due Date
G/L Date
03/26/2015
03/31/2015
03/31/2015
Account 73500 - Other Construction
1556 - Campton Construction Inc
1986
9945 - Springfield Plastics, Inc.
10093161
Country Life Dr Project
Inv 1986
PINETREE/KUIPER
PROJECT INV
10093161
Paid by EFT #
27516
Paid by EFT #
27653
5164 - Innerspace Environmental Asmt, Inc 15-077
Lead Hazard Control
Program
Lead Hazard Control
Program
Lead Clearance Test
Lead Risk Assessment
Lead Clearance Test
Lead Clearance Test
8913 - Arcos Environmental Services, Inc.
15-017
Paid by EFT #
27501
Paid by EFT #
27501
Paid by Check
# 344498
Paid by Check
# 344498
Paid by Check
# 344498
Paid by Check
# 344498
Paid by Check
# 344498
Paid by Check
# 344498
Paid by Check
# 344498
Paid by Check
# 344760
Paid by Check
# 344760
04/06/2015
Invoice Amount
990.00
$990.00
03/18/2015
03/20/2015
03/20/2015
04/06/2015
3,010.00
01/31/2015
03/20/2015
03/20/2015
04/06/2015
9,553.40
Account 73500 - Other Construction
Sub-Department 715 - Cost Share Drainage
Fund 405 - Cost Share Drainage
Fund 406 - OCR & Recovery Act Programs
Sub-Department 722 - LHCP
Account 55050 - Grant Expense
8913 - Arcos Environmental Services, Inc. 15-016
Totals
Totals
Totals
Totals
Invoice
Invoice
Invoice
Invoice
Transactions
Transactions
Transactions
Transactions
2
3
3
3
$12,563.40
$13,553.40
$13,553.40
$13,553.40
03/23/2015
03/31/2015
03/31/2015
04/06/2015
6,785.00
03/27/2015
03/31/2015
03/31/2015
04/06/2015
8,025.00
03/24/2015
03/31/2015
03/31/2015
04/06/2015
275.00
03/24/2015
03/31/2015
03/31/2015
04/06/2015
505.00
03/24/2015
03/31/2015
03/31/2015
04/06/2015
275.00
03/29/2015
03/31/2015
03/31/2015
04/06/2015
505.00
03/29/2015
03/31/2015
03/31/2015
04/06/2015
515.00
03/29/2015
03/31/2015
03/31/2015
04/06/2015
505.00
03/29/2015
03/31/2015
03/31/2015
04/06/2015
515.00
04/07/2015
04/13/2015
04/13/2015
04/20/2015
505.00
04/07/2015
04/13/2015
04/13/2015
04/20/2015
275.00
Page 3 of 5
Packet Pg. 10
Distribution
Vendor
Invoice No.
9659 - K & A Environmental Services, Inc. 1085
9931 - Radon Rescue Corporation
15-0001
Invoice Description
Status
Lead Hazard Control
Program
Radon Mitigation
System
Paid by EFT #
27813
Paid by EFT #
27874
Held Reason
Invoice Date
Due Date
G/L Date
03/19/2015
04/13/2015
04/13/2015
04/20/2015
6,330.00
04/07/2015
04/13/2015
04/13/2015
04/20/2015
2,135.00
Fund 420 - Stormwater Management
Department 670 - Environmental Management
Sub-Department 680 - Stormwater Management
Account 55030 - Grant Pass Thru
1226 - Shaw Media
Ref. #1044123
JC Invasive Plant Mgmt Paid by Check
- Legal notice
# 344570
03/30/2015
Totals
Totals
Totals
Totals
03/30/2015
Account 55030 - Grant Pass Thru
Sub-Department 680 - Stormwater Management
Fund 420 - Stormwater Management
Totals
Totals
Totals
Totals
Fund 650 - Enterprise Surcharge
Sub-Department 670 - Enterprise Surcharge
8375 - CD LLC (dba Carbon Day
2135
2 year Pre-Paid
Paid by EFT #
03/31/2015 03/31/2015
Automotive)
Extended Data Plan
27520
7318 - Hoving Pit Stop
105119
Porta Pot - March 13,
Paid by Check
03/19/2015 03/30/2015
2015 Recycling Event
# 344484
9955 - Vons Electric, Inc.
8687
inspect and certify car Paid by EFT #
03/24/2015 03/30/2015
charger was properly
27675
installed - 3rd st.
9955 - Vons Electric, Inc.
8711
Charging station install Paid by EFT #
03/26/2015 03/30/2015
- 3rd street
27675
1297 - WM Curbside LLC (DBA At Your
0000103-2960- Kane County HHW pick Paid by Check
04/01/2015 04/14/2015
Door)
5
up service - Res. #13- # 344902
26
Account 50650 - Blighted Structure Demolition
9702 - Fidelity National Title Company, LLC KA15003426
Blighted Demo
Paid by EFT #
02/27/2015 04/14/2015
Structure/ 1565
27765
Dearborn Ave Aurora,
IL
Invoice
Invoice
Invoice
Invoice
Transactions
Transactions
Transactions
Transactions
03/30/2015
Invoice
Invoice
Invoice
Invoice
13
13
13
13
04/06/2015
Transactions
Transactions
Transactions
Transactions
1
1
1
1
Invoice Amount
$27,150.00
$27,150.00
$27,150.00
$27,150.00
54.60
$54.60
$54.60
$54.60
$54.60
03/31/2015
04/06/2015
1,000.00
03/30/2015
04/06/2015
100.00
03/30/2015
04/06/2015
480.00
03/30/2015
04/06/2015
450.00
04/14/2015
04/20/2015
1,179.00
04/14/2015
04/20/2015
$3,209.00
200.00
Page 4 of 5
Packet Pg. 11
Distribution
Vendor
Invoice No.
Invoice Description
Account 50650 - Blighted Structure Demolition
Blighted Demo
Structure / 1341
Ridgeway Ave Aurora,
IL
Blighted Demo
Structure / 427 Roberts
Lane Batavia, IL
Blighted Demo
Structure / 12
Sunnyside Park
Batavia, IL
Blighted Demo
Structure / 815
Whitlock Ave Aurora,IL
Status
Held Reason
Invoice Date
Due Date
G/L Date
Paid by EFT #
27765
02/27/2015
04/14/2015
04/14/2015
04/20/2015
250.00
Paid by EFT #
27765
02/27/2015
04/14/2015
04/14/2015
04/20/2015
250.00
Paid by EFT #
27765
02/27/2015
04/14/2015
04/14/2015
04/20/2015
250.00
Paid by EFT #
27765
02/27/2015
04/14/2015
04/14/2015
04/20/2015
250.00
Account 50650 - Blighted Structure Demolition Totals
Account 60010 - Operating Supplies
2252 - Battery Solutions LLC
A035999
9141 - Busch Systems Int'l, Inc.
IN15-00756
1024 - Ice Mountain Direct
15C810625943
8
Battery Recycling Kit
Soil Saver Compost
Bins
bottled water delivery
service - Env.
Resources
Paid by EFT #
27509
Paid by Check
# 344387
Paid by EFT #
27793
New 2015 Chevrolet
Volt - White - Plug-In
Hybrid Electric
Paid by Check
# 344633
$1,200.00
03/30/2015
03/30/2015
04/06/2015
969.40
03/10/2015
03/30/2015
03/30/2015
04/06/2015
3,673.00
03/31/2015
04/14/2015
04/14/2015
04/20/2015
16.43
04/03/2015
04/14/2015
Account 70070 - Automotive Equipment
Grand
Invoice Amount
03/24/2015
Account 60010 - Operating Supplies Totals
Account 70070 - Automotive Equipment
5174 - Biggers Chevrolet - Isuzu
Deal #32909
Totals
Totals
Totals
Totals
Totals
04/14/2015
Invoice
Invoice
Invoice
Invoice
Invoice
04/20/2015
Transactions
Transactions
Transactions
Transactions
Transactions
1
14
14
14
51
$4,658.83
32,287.00
$32,287.00
$41,354.83
$41,354.83
$41,354.83
$213,525.24
Page 5 of 5
Packet Pg. 12
Kane County Purchasing Card Information
Development Committee
April 2015 Statement
690 COMMUNITY REINVESTMENT
Transaction Date
04/06/2015
Transaction Amount
74.25
Merchant Name
METRA GENEVA
Additional Information
GENEVA
04/15/2015
BEST BUY MHT 00003871
GENEVA
04/20/2015
CITY CAB OF ORL
ORLANDO
53.42
04/22/2015
SQ VERGNIAUD GUERR
ORLANDO
69.00
04/22/2015
ECONO YELLOW-BOOTH 1
CHICAGO
45.00
04/23/2015
DOUBLETREE
ORLANDO
258.76
04/23/2015
DOUBLETREE
ORLANDO
258.76
04/27/2015
GIFTCARDMALL COM VM
877-4262551
107.49
Department Total
690 DEVELOPMENT DEPARTMENT
Transaction Date
04/07/2015
407.94
1,274.62
Transaction Amount
10.00
Merchant Name
SPARKS ENGINEERING SER
Additional Information
GENEVA
04/07/2015
MANUFACTURERS' NEWS IN
EVANSTON
297.00
04/10/2015
EB 2015 KANE COUNTY L
8888102063
30.00
04/21/2015
8888102063
04/22/2015
FAIRMONT HOTELS
SEATTLE
04/23/2015
SUBWAY
GRAYSLAKE
17.12
04/23/2015
APA-MEMBERSHIP ONLINE
312-431-9100
483.00
04/24/2015
8888102063
180.00
04/27/2015
MYBADGES.COM
POINT ROBERTS
204.95
04/29/2015
CTC CONSTANTCONTACT.CO
855-2295506
5/5/2015
00056622
240.00
1,391.40
Department Total
43.01
2,896.48
Committee Total
4,171.10
PagePacket
1 ofPg.
1 13
Kane County Development & Community Services Department
Monthly Report to Development Committee
May 19, 2015
Building & Zoning Division
Building Permit & Inspection Activities
 Building Permits issued in April
 Building Permits issued during calendar year
 Permits issued for new single family homes in April
 Permits issued for new single family homes during calendar year
 Permits issued for non-residential uses during calendar year
 Certificates of Occupancy Issued in April
 Certificates of Occupancy Issued during calendar year
 Inspections conducted in April
 Inspections conducted during calendar year


Applications currently being processed
Applications for single family homes

Pending Permit Fees
Zoning Activities
 Zoning petitions/actions in process:
2014
6 petitions
2015
10 petitions
Code Enforcement Activities
 Total complaints during calendar year handled by Development Dept.
o Building:
o Zoning:
o Property Maintenance:
o Cases closed in April
o New complaints received in April
 Building:
 Zoning:
 Property Maintenance:
Number of Cases in Administrative Adjudication
.
o Current cases
(Building, Zoning, Property Maintenance, Well & Septic)
o Cases heard on April, 2015
o New hearing cases
Vacant Dwelling Registration Activities
o Vacant dwellings that have been registered since 2010 (total)
2014
178
365
14
40
15
42
153
393
1038
2015
438
182
5
24
54
51
141
323
1113
61
10
137
16
$25,592
$59,394
2014
92
18
17
57
16
2015
83
14
23
45
12
.
9
10
29
4
12
27
2014
2015
26
21
6
3
7
0
2014
240
2015
313
Packet Pg. 14
ZONING PETITION EXECUTIVE SUMMARY
PETITION NO. 4345: Petitioner - Nicholas Casiello, et ux (attached)
Committee Flow: County Development Committee, County Board
Contact: Keith Berkhout, 630.232.3495, Zoning Planner, Development
Department
Summary:
Petition # 4345
Petitioner:
Location:
Proposed:
2040 Plan:
Objectors:
Recommendations:
35W333 Riverside Drive, Section 10, St. Charles Township (09-10255-002)
Rezoning from F-District Farming to R-8 District – Two-family
residential with sideyard setback variance (.76’, 9.24’), sideyard
setback variance (9.62’, .38’) and lot size variance (15275’, 4725’
variance)
Rural Residential
None
Regional Planning Comm.:
Zoning Board: Approve
Development Committee:
Packet Pg. 15
Packet Pg. 16
Packet Pg. 17
PETITION NO. 4346: Petitioner Nicholas Casiello, et ux (attached)
Department
Summary:
Petition # 4346
Petitioner:
Location:
Proposed:
2040 Plan:
Objectors:
Recommendations:
35W337 Riverside Drive, Section 10, St. Charles Township (09-10276-024 & 09-10-276-020)
Rezone the property to bring the restaurant/bar into conformance
with the zoning ordinance. The rezoning would be from f-district
farming to b-4 – district business for the restaurant property itself.
Petitioners are also requesting special use for parking for an
adjacent business zoned property. This would apply to the existing
parking lot to the east of the restaurant. Variances being requested
are (11', 24' variance from right-of-way for a new deck), ('0, 35'
variance from right-of-way for a new detached sign), (.26', 9.74 side
yard setback variance for existing restaurant), (3.25', 6.75' rear yard
setback variance for existing restaurant)
Rural Residential
Neighboring property owners
Regional Planning Comm.:
Packet Pg. 18
Packet Pg. 19
Packet Pg. 20
Petition No. 4347 - Jack Rada Trust (attached)
Department
Summary:
Petition # 4347
Petitioner:
Location:
Proposed:
2040 Plan:
Objectors:
Recommendations:
GENEVA TOWNSHIP
Jack Rada Trust
North side of Reed Road, 300’ east of old Kirk Road, Section 12,
Geneva Township (33W740 Reed Road) (12-12-126-001)
Special Use in B-3 Business District to allow outdoor storage
Urban Neighborhood/Mixed Use Infill
None
Regional Planning Comm.: N/A
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Packet Pg. 22
STATE OF ILLINOIS }
}§
COUNTY OF KANE }
PETITION NO. 4347
ORDINANCE AMENDING THE
ZONING ORDINANCE OF KANE COUNTY, ILLINOIS
BE IT ORDAINED by the County Board of Kane County, Illinois, as follows:
1)
That a Special Use is hereby granted and allowed under the provisions of Article X, Section 10.42 (o) of the Zoning Ordinance of Kane County, Illinois, permitting outdoor storage within the
following described B-3 Business District zoned property:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 39 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 12 AND RUNNING THENCE SOUTH 88
DEGREES 55 MINUTES WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER,
1132.57 FEET TO THE CENTER LINE OF THE PUBLIC HIGHWAY KNOWN AS KIRK ROAD;
THENCE NORTH 07 DEGREES 58 MINUTES EAST ALONG SAID CENTER LINE 1924.68
FEET TO THE SOUTH LINE OF THE RIGHT OF WAY OF THE CHICAGO AND
NORTHWESTERN RAILWAY AS A MONUMENT; THENCE CONTINUING NORTH 07
DEGREES 58 MINUTES EAST ALONG THE CENTER LINE OF SAID KIRK ROAD 452.41
FEET; THENCE SOUTH 89 DEGREES 44 MINUTES WEST PARALLEL WITH THE SAID
RAILWAY RIGHT OF WAY, 308.17 FEET FOR A PLACE OF BEGINNING; THENCE
CONTINUING SOUTH 89 DEGREES 44 MINUTES WEST PARALLEL WITH SAID RIGHT OF
WAY, 250.58 FEET; THENCE NORTH 07 DEGREES 58 MINUTES EAST PARALLEL WITH
THE CENTER LINE OF SAID KIRK ROAD 358.81 FEET TO THE NORTH LINE OF SAID
SECTION 12; THENCE SOUTH 89 DEGREES 36 MINUTES 42 SECONDS EAST ALONG SAID
NORTH LINE 250.18 FEET; THENCE SOUTH 7 DEGREES 58 MINUTES WEST PARALLEL
WITH THE CENTER LINE OF KIRK ROAD 355.92 FEET TO THE PLACE OF BEGINNING, IN
THE TOWNSHIP OF GENEVA, KANE COUNTY, ILLINOIS. (33W740 Reed Road)
2)
That the Special Use be granted subject to the following stipulation:
1. Landscaping material/supplies or any debris brought back to the property must be stored
in the designated storage bins. The height of the piles may not exceed 15 feet.
3)
That the zoning maps of Kane County, Illinois, be amended accordingly.
Packet Pg. 23
4)
This ordinance shall be in full force and effect from and after its passage and approved as
provided by Law.
Passed by the Kane County Board on June 9, 2015.
John A. Cunningham
Clerk, County Board
Kane County, Illinois
Christopher J. Lauzen
Chairman, County Board
Vote:
Yes
No
Voice
Abstentions
15pt4347
Packet Pg. 24
Petition No. 4348 - Clesen Brothers, Inc. (attached)
Department
Summary:
Petition # 4348
Petitioner:
Location:
Proposed:
2040 Plan:
Objectors:
Recommendations:
Clesen Brothers, Inc.
1048 Center Road/34W240 South Drive, Section 2, St. Charles
Township (09-02-276-006 & 09-02-276-008)
Rezoning from F to F-2 to bring an existing landscaping business
into compliance
Urban Neighborhood/Mixed Use Infill
Neighboring property owners
Regional Planning Comm.: N/A
Zoning Board: Approve with the following stipulations:
1. Landscaping materials or any debris brought back to the
property must be stored in the designated storage bins.
The height of the piles may not exceed 10 feet.
2. The proposed landscape screening shall be installed
within 60 days of the granting of the rezoning.
3. A storm water permit shall be applied for within 15 days
of the granting of the rezoning.
Packet Pg. 25
Packet Pg. 26
STATE OF ILLINOIS }
}§
COUNTY OF KANE }
PETITION NO. 4348
ORDINANCE AMENDING THE
ZONING ORDINANCE OF KANE COUNTY, ILLINOIS
BE IT ORDAINED by the County Board of Kane County, Illinois, as follows:
1)
That the following described property is hereby rezoned and reclassified from F-District Farming
and F-1 District Rural Residential to F-2 District – Agricultural related sales, service, processing,
research, warehouse and marketing; Special Use for a landscaping business:
Parcel 1 That part of Island Park Farms, South Elgin, described as follows; Beginning at the
southwest corner of said Farm 9; thence Northerly along the west line of said farm 9, 360 ft;
thence easterly parallel with the south line of said farm, 346.9 ft to the southwesterly line of east
drive; thence Southeasterly along said southwesterly line 404.3 feet to the southeast corner of
said farm; thence west along the south line of said farm, 531.8 ft to the point of beginning,
(expecting the following described parcel: commencing at the southeast corner of said Farm 9,
said point also being on the southwesterly right-of-way line of East Dr.; thence north 27 deg 34
min 07 sec west along said southwesterly right of way line, 135.73 ft to the point of beginning;
thence south 89 deg 38 min 36” west, 124.13 ft; thence north 0 deg 21 min 24 sec west, 96.37 ft;
thence north 76 deg 04 min 42 sec east, 68.25 ft to the aforesaid southwesterly right of way line
of east drive; thence south 27 deg 34 min 07 sec east along said westerly right of way line,
126.36 ft to the point of beginning. ) Parcel 2 That part of Farm 19 of Island Lake Farms, South
Elgin, lying northerly of the following described line; beginning at a point on th west line of said
Farm 19, 288 feet south of the northwest corner thereof; thence easterly along a line that forms
an angle of 86 deg 53 min 15 sec measured from South to East from said west line, 333.40 ft to
the East line of said Farm 19, being the center line of East Drive, in the Twp of St. Charles , KCI,
(excepting the following described parcel: commencing at the northeast corner of said Farm 19,
said point also being on the southwesterly right of way line of East Drive; thence south 27 degree
34 minutes 07 sec East along said southwesterly right of way line, 74.15 ft for the point of
beginning; thence continuing south 27 deg 34 min 07 sec east along said southwesterly right of
way line, 42.92 ft, more or less, to a point of curvature; thence continuing along said right of way
line for 63.42 ft (record being 62.7 ft) along a 132 ft radius circular curve to the right with a chord
bearing south 13 deg 09 min 04 sec east, 62.81 ft; thence south 0 deg 29 min 09 sec east along
the westerly right of way line of East drive, 40.51 ft; thence North 87 deg 14 min 44 sec west,
148.77 ft; thence north 0 deg 21’ 29 sec west 59.31 ft; thence north 49 deg 42’ 00” east, 50.15 ft;
thence north 0 deg 21’ 29” west, 40.35 ft; thence North 89 deg 38’ 36” east, 76.48 feet to the
point of beginning.)
2)
That the rezoning be granted with the following recommended stipulations:
1. Landscaping materials or any debris brought back to the property must be stored in the
designated storage bins. The height of the piles may not exceed 10 feet.
2. The proposed landscape screening shall be installed within 60 days of the granting of the
rezoning.
3. A storm water permit shall be applied for within 15 days of the granting of the rezoning.
Packet Pg. 27
3)
That the zoning maps of Kane County, Illinois, be amended accordingly.
4)
This ordinance shall be in full force and effect from and after its passage and approved as
provided by Law.
John A. Cunningham
Clerk, County Board
Vote:
Yes
No
Voice
Abstentions
15pt4348
Packet Pg. 28
RESOLUTION/ORDINANCE EXECUTIVE SUMMARY
Resolution No.
Amending an Intergovernmental Agreement with the Village of Wayne
Regarding Zoning Petitions Nos. 4345 and 4346
Committee Flow: County Development Committee, Executive Committee,
County Board
Contact: Christie Duffy, 630.208.5116
Budget Information:
Was this item budgeted? N/A
If not budgeted, explain funding source:
Appropriation Amount:
Summary:
In 2008, Kane County entered into an Intergovernmental Agreement (IGA) for the Adoption of a
Joint Land Use Plan. This IGA identifies a Joint Land Use Area described in Exhibit 1 of the
IGA (attached). The parcels which are the subject of zoning petitions Nos. 4345 and 4346 are
in the Joint Land Use Area identified for single family residential uses, therefore an amendment
is required in conjunction with an affirmative vote for the petitions. The referenced zoning
petitions propose the continuation of existing land uses which had, until recently, been existing
non-confirming land uses in the F Farming zoning district.
Packet Pg. 29
STATE OF ILLINOIS
COUNTY OF KANE
RESOLUTION NO.
AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF WAYNE
REGARDING ZONING PETITIONS NOS. 4345 AND 4346
WHEREAS, the Kane County Board Entered into an Intergovernmental Agreement (IGA)
with the Village of Wayne on December 9, 2008, per Resolution 08-376; and
WHEREAS, the parcels which are the subject of zoning petitions Nos. 4345 and 4346 are in
the Joint Land Use Area described in Exhibit 1 of the IGA, an amendment is required in conjunction
with an affirmative vote; and
WHEREAS, the referenced zoning petitions propose the continuation of existing land uses
which had, until recently, been existing non-confirming land uses in the F Farming zoning district.
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that IGA with the Village
of Wayne be amended as stated in Exhibit A (attached).
________________________________
John A. Cunningham
Clerk, County Board
_____________________________
Vote:
15-06 Village of Wayne Zoning
Packet Pg. 30
Kane County Development & Community
Services Department
Planning & Special Projects Division
Division Monthly Report – May 2015
Kane County Leadership Summit
 A multi-departmental effort anchored staffing of the Kane County Leadership Summit on May 8th at
the Q-Center in St. Charles. The one-day workshop gathered over 175 civic and business leaders
across the region to address opportunities for intergovernmental cooperation and community
development resources.
American Planning Association National Conference
 Karen Miller attended this year’s APA National Conference in Seattle. She, along with Tom Rickert
and Heidi Files from KDOT accepted an Award of Excellence in the Best Practices category for the
Kane County Planning Cooperative from the APA County Planning Division and the National
Association of County Planners. Karen also participated in a panel discussion on Planning for
Agricultural Land Preservation.
Conservation Foundation Kane County Advisory Council
 On May 7th Karen Miller presented at the Conservation Foundation’s Kane County Advisory Council
on the National Park Service National Water Trails Program. The Fox River Ecosystem Partnership is
exploring the feasibility of pursuing technical assistance for a water trail along the Fox River and
possible designation into the National Water Trails Program.
ComEd Green Region Program
 At the request of Openlands, Karen Miller reviewed and scored applications for the ComEd Green
Region Program. The Program provides grants to improve and enhance open space in the ComEd
service region.
American Planning Association Chicago Metro Section
 Karen Miller led a committee to finalize a program including a panel discussion on the Value of Trees
scheduled for June 24th.
Conference Call with Food Hub Study Consultant
 Matt Tansley and Janice Hill participated in a weekly conference call with the Food Hub Study
consultant team on May 7th. The project team discussed the current volume of responses to the
grower and buyer surveys that had been released last month, as well as additional channels of
outreach. The team also discussed a draft agenda for a Grower / Buyer meeting to be held in early
June.
Packet Pg. 31
USDA Grants Workshop at Lake County U of I Extension Office
 Janice Hill and Matt Tansley attended a grant-writing workshop on April 23rd for prospective
applicants to the USDA’s Local Food Promotion Program or the Farmers Market Promotion Program
grants. The grant-writing workshop is provided to improve the quality applications submitted by local
candidates as well as provide continuing support to grant recipients.
Elgin Community College Sustainability Maker Faire
 On April 22nd, Matt Tansley and Chris Toth attended this event for Earth day. The goal of the event
was to educate the students, businesses and the communities that ECC serves, about sustainability.
The staff displayed county initiatives, engaged the public, and answered student questions.
Packet Pg. 32
COUNTY OF KANE
DIVISION OF ENVIRONMENTAL &
WATER RESOURCES
County Government Center
719 S. Batavia Avenue
Geneva, IL 60134
Kenneth N. Anderson, Jr., Director
www.co.kane.il.us
Subdivision/Environmental:
Fax:
(630) 208-5118
(630) 208-3837
STAFF RECOMMENDATION
To:
Kane County Development Committee
From: Kenneth N. Anderson, Jr.
Plat Officer
Date: May 19, 2015
Re:
Minor Adjustment Request MC-15-56 (Rear Yard Setback Adjustment from 20’ to 13’ for a
Swimming Pool) (0N097 Alexander Court)
Mill Creek PUD, Neighborhood M - Lot 21
Section 7, Geneva Township
Mr. & Mrs. John Schweiner, homeowners at 0N097 Alexander Court have submitted a request for a
minor adjustment to the Mill Creek Subdivision, Neighborhood M – Lot 21. The request is for an
adjustment to the rear yard setback line from 20 feet to 13 feet for the construction of a swimming pool.
The Subdivision Ordinance Article IV, Section 19-143(b)(1) Validity and Adjustments states “Minor
Adjustments are proposed changes regarding setback distances, the location of easements and the
physical layout and design of lots and parcel which do not increase the density of area or decrease the
open space of the area and do not affect more than ten percent (10%) of the lots in the phase or unit
affected as indicated on the approved development plan.”
As required by Section 19-143 of the Kane County Subdivision Regulations, all adjoining and adjacent
property owners were given written notice of the requested Minor Adjustment 15 days prior to today’s
meeting. No concerns were expressed by adjoining and adjacent property owners.
The Technical Staff has reviewed the requested Minor Adjustment and finds the following:
1. The owner has demonstrated by working with staff that the proposed adjustment will have
minimal impact to the building lot layout and drainage for the area.
2. The proposed adjustment will not increase the density of the P.U.D.
3. It will not decrease open space nor will it affect the physical layout and design of other lots in
the area.
4. There will be no impact to the public health, safety and general welfare.
RECOMMENDATION:
The Kane County Technical Staff recommends approval of this minor
adjustment request with the following stipulation:
1. During the construction process, the area surface drainage shall be preserved. Appropriate soil
erosion and sediment control measures shall be installed and maintained throughout construction.
C:\Users\ENVKNA\AppData\Local\Temp\MinuteTraq\KaneCountyIL@KaneCountyIL.IQM2.com\Work\Attachments\-1.docx
Packet Pg. 33
MILL CREEK PUD
MINOR ADJUSTMENT
(MC-15-56)
Neighborhood M Lot 21
0N097 Alexander Court
Section 7, Geneva Township
Rear Yard Setback Adjustment
from 20’ to 13’ for a Swimming
Pool
Packet Pg. 34
MILL CREEK PRELIMINARY PLAN
Packet Pg. 35
AIR PHOTO
Packet Pg. 36
MINOR ADJUSTMENT
Packet Pg. 37
FINDINGS & RECOMMENDATION
The Technical Staff has reviewed the requested minor adjustment and
finds the following:
1. The owner has demonstrated by working with staff that the proposed
adjustment will have minimal impact to the building lot layout and
drainage for the area.
2. The proposed adjustment will not increase the overall density of the P.U.D.
3. It will not decrease open space nor will it affect the physical layout and
design of other lots in the area.
4. There will be no impact to the public health, safety and general welfare.
RECOMMENDATION: The Kane County Technical Staff recommends
approval of this minor adjustment with the following condition.
1. During the construction process, the area surface drainage shall be
preserved. Appropriate soil erosion and sediment control measures shall
be installed and maintained throughout construction.
Packet Pg. 38
Kane County Water Resources
Cost-Share
Projects
Presented to
May 19, 2015
Packet Pg. 39
Hazelwood Ravine
Stabilization
Campton Township, Section 17
•
•
Severe Ravine Erosion
Headwaters of Ferson Ck
Packet Pg. 40
Culverts Upstream of Erosion
Packet Pg. 41
Project Plan
71 acres tributary
18” Culvert – Bliss
12” CMP outfall
Packet Pg. 42
Cost-Share
•
Total Construction Cost:
§
§
§
§
Kane County Cost-Share
Riverboat Grant
Kane County Forest Preserve
Village of Lily Lake
$80,816.00
$11,000
$47,500
$15,000
$7,316
13.5%
59%
18.5%
9%
§ Recommend approval of Hazelwood Ravine Stabilization project
Packet Pg. 43
COUNTY OF KANE
KANE COUNTY DIVISION OF
ENVIRONMENTAL & WATER
RESOURCES
County Government Center
719 Batavia Avenue
Geneva, IL 60134
Phone: (630) 232-3497
Fax: (630) 208-3837
e-mail: WollnikJodie@co.kane.il.us
website: http://www.co.kane.il.us
Kenneth N. Anderson, Jr
Director
Jodie L. Wollnik, P.E., CFM
Assistant Director
STAFF RECOMMENDATION
TO:
Kane County Board
FROM:
Jodie L. Wollnik, P.E.
Water Resources Division
DATE:
May 6, 2015
RE:
Cost-Share Drainage
Improvement Projects FY-2015
The following report is being submitted in accordance with the Policy and Guidelines for the Allocation and
Disbursement of Assistance Funds for Stormwater And Subsurface Drainage Improvements discussed by the
Development Committee on December 21, 1993:
1.
Project Number: 2015-001
2.
Project Location:
 Hazelwood Ravine Stabilization
 Campton Township – Section 17
 South of Empire Road, East of Anderson Road in the Village of Lily Lake
3.
Description of Improvements:
 Ravine Stabilization
4.
Cost:
Total Construction Cost:
 Kane County Water Resources Division
 Riverboat Grant to Lily Lake
 Kane County Forest Preserve
 Village of Lily Lake
5.
Start Date:
 July 1, 2015
6.
Type of Problem(s):
Severe ravine erosion within the stormwater outfall easement from the Hazelwood Subdivision in the
Village of Lily Lake. Contributing sediment that is damaging wetlands at the headwaters of Ferson
Creek. Stabilization is required to prevent further damage.
Total Project
$80,816
$11,000
$47,500
$15,000
$7,316
Percent Share
100%
13.5%
59%
18.5%
9%
Packet Pg. 44
RESOLUTION/ORDINANCE EXECUTIVE SUMMARY
Ordinance No.
Amending Appendix A of Ordinance #05-310 Administrative Adjudication
of Ordinance Violations
Committee Flow: County Development Committee, Executive Committee,
County Board
Contact: Jodie Wollnik, 630.232.3499
Budget Information:
Was this item budgeted? N/A
If not budgeted, explain funding source:
Appropriation Amount:
Summary:
The Ordinance revises Appendix A of the Adjudication process to include stormwater
management. This will enable the Water Resource Division to resolve stormwater violations
through the adjudication process. Currently, if a stormwater violation is not resolved by the
property owner, the State's Attorney's office pursues the issue through the court system which is
costly and time consuming. The Adjudication process will provide the property owner with a
structured forum to comply with the Ordinance.
Packet Pg. 45
STATE OF ILLINOIS
COUNTY OF KANE
ORDINANCE NO.
AMENDING APPENDIX A OF ORDINANCE #05-310 ADMINISTRATIVE ADJUDICATION OF
ORDINANCE VIOLATIONS
WHEREAS, on September 13, 2005 the Kane County Board approved Ordinance #05-310
Amending the Kane County Code to Add Administrative Adjudication of Ordinance Violations for
animal control, public nuisances, construction, sanitation and zoning; and
WHEREAS, Article 7 of the Kane County Stormwater Ordinance provides for fines and legal
action for Stormwater Ordinance violations, however an effective means of mediation is not
available; and
WHEREAS, the ultimate goal of all violations issued under the Stormwater Ordinance is
compliance; and
WHEREAS, the Adjudication process has proven to be an effective mediation method to
obtain compliance;
NOW, THEREFORE, BE IT RESOLVED that Appendix A of Ordinance #05-310
Administrative Adjudication of Ordinance Violations be amended to include violations issued under
Article 7 of the Kane County Stormwater Ordinance.
________________________________
John A. Cunningham
Clerk, County Board
_____________________________
Vote:
Amending Appendix A of Ordinance #05-310 Administrative Adjudication
Packet Pg. 46
EXHIBIT “A”
1-1:
Adoption of System of Administrative Adjudication
The COUNTY OF KANE (“County”) hereby adopts Division 5-41 of the Counties Code, as amended, 55
ILCS 5/5-41005 et seq. in its current form and as it may be amended from time to time for the adjudication
of violations of County ordinances regulating animal control; the definition, identification, and abatement
of public nuisances; the accumulation, disposal, and transportation of garbage, refuse, and other forms
of solid waste; the construction and maintenance of buildings and structures; sanitation practices;
stormwater management and zoning, to the extent permitted by the Illinois Constitution.
1-2:
Procedures not Exclusive
The adoption by the County of a system of administrative adjudications does not preclude the County
from using other methods to enforce county ordinances, including, but not limited to, relief in the Circuit
Court for the Sixteenth Judicial Circuit, Kane County, Illinois.
1-3
Definitions
In this Ordinance, unless the context requires otherwise:
“Code” means any County ordinance that pertains to or regulates any of the following: animal control; the
definition, identification, and abatement of public nuisances; the accumulation, disposal, and
transportation of garbage, refuse, and other forms of solid waste; the construction and maintenance of
buildings and structures; sanitation practices; stormwater management; and zoning.
“Code enforcement officer” means a county employee authorized to issue citations for county code
violations and to conduct inspections of public or private real property to determine whether code
violations exist. However, nothing shall be construed to allow for administrative adjudication of an
ordinance violation in the case where a State statute or administrative rule provides for a specific method
or procedure to be followed, other than administrative adjudication, in enforcing a county ordinance.
“Hearing Officer” means a person other than a code enforcement officer or law enforcement officer, who
is appointed by the Chairman of the County Board, with the consent of the Board, to preside over
administrative hearings. Every Hearing Officer must be an attorney licensed to practice law in the State
of Illinois for at least three years. Prior to conducting administrative adjudication proceedings, Hearing
Officers shall have successfully completed a formal training program which includes the following:
(1)
instruction on rules of procedure of the administrative hearings which they will conduct;
(2)
orientation to each subject area of the Code Violations they will adjudicate;
(3)
observation of administrative hearings; and
(4)
participation in hypothetical cases, including ruling on evidence and issuing final orders.
“Property owner” means the legal or beneficial owner of an improved or unimproved parcel of real estate.
“Respondent” means a property owner, waste hauler, or other person charged with liability for an alleged
code violation and the person to whom the notice of violation is directed.
“Solid Waste” means demolition materials, food and industrial processing wastes, garden trash, land
cleaning waste, mixed refuse, non-combustible refuse, and trash as defined in the Solid Waste Disposal
District Act. [70 ILCS 3105/1 et seq.].
“Waste hauler” means any person owning or controlling any vehicle used to carry or transport garbage,
refuse, or other forms of solid waste.
Packet Pg. 47
Page 2 of 5, Ord. #05 - 310
1-4:
Code Hearing Unit
(a) There is hereby established a Code Hearing Unit in the County government. The Code Hearing
Unit shall consist of a hearing officer, administrative assistant, and recording secretary. The
function of the Code Hearing Unit shall be to expedite the prosecution and correction of violations
of County ordinances (“code violation”) regulating animal control; the definition, identification, and
abatement of public nuisances; the accumulation, disposal, and transportation of garbage, refuse,
and other forms of solid waste; the construction and maintenance of buildings and structures;
sanitation practices; and zoning. Charges of code violations are to be heard and adjudicated by
a hearing officer appointed by the Kane County Board Chairman, with the consent of the County
Board..
(b) Hearing officers shall have the following powers and duties;
(1) To preside at an administrative hearing called to determine whether a code violation exists.
(2) To hear testimony and accept evidence from the code enforcement officer, the respondent,
and all interested parties relevant to the existence of a code violation.
(3) To preserve and authenticate the record of the hearing and all exhibits and evidence
introduced at the hearing.
(4) To issue and sign written findings and a decision and order stating whether a code violation
exists.
(5) To issue subpoenas as allowed by section
(6) To impose penalties consistent with applicable code provisions and to assess costs
reasonably related to instituting the proceedings upon finding the respondent liable for the
charged violation. In no event, however, shall the hearing officer have the authority to impose
a penalty of incarceration.
1-5
Procedure for Instituting Proceedings
(a)
When a code enforcement officer observes a code violation, the officer shall note, or in the
case of an animal control violation, the code enforcement officer may respond to the filing of
a formal complaint by noting the violation on a violation notice and report form, indicating the
following: the name and address of the respondent, if known; the name, address, and vehicle
registration number of the waste hauler who deposited the waste, if applicable; the type and
nature of the violation; the date and time the violation was observed; the names of witnesses
to the violation; and the address of the location or property where the violation is observed.
(b)
The violation notice and report form shall contain a file number and a hearing date noted by
the code enforcement officer in the spaces provided for that purpose on the form. The
violation notice and report form shall state that failure to appear at the hearing on the date
indicated may result in a determination of liability for the cited violation and the imposition of
fines and assessment of costs as provided by the applicable county ordinance. The violation
notice and report form shall also state that upon a determination of liability and the exhaustion
of or failure to exhaust procedures for judicial review, any unpaid fines or costs imposed will
constitute a debt due and owed to the County.
(c)
The code enforcement officer shall certify the correctness of the information required by
subsection (a) by signing his name to the violation notice and report form, and indicate the
date on which this was done. Failure to certify does not invalidate the violation notice, but will
not establish a prima facie case at trial.
(d)
A copy of the violation notice and report form shall be filed with the Code Hearing Unit and
served on the respondent either personally or by first class mail, postage prepaid, sent to the
address of the respondent. If the name of the respondent property owner cannot be
ascertained or if the service on the respondent cannot be made by mail, service may be made
Packet Pg. 48
Page 3 of 5, Ord. #05 - 310
on the respondent property owner by posting, not less than 20 days before the hearing is
scheduled, a copy of the violation notice and report form in a prominent place on the property
where the violation was found.
1-6
1-7
Notice of Hearing/ Subpoenas/ Default
(a)
The respondent shall have at least twenty days after service of the violation notice and
report form to prepare for the hearing, unless the violation is deemed by the code
enforcement officer to be an immediate threat to the public health, safety, or welfare,
at which time the hearing date may be expedited as necessary.
(b)
All administrative hearings shall be conducted on the date set for hearing. For good
cause shown, a continuance may be granted at the discretion of the hearing officer.
Lack of preparation shall not be grounds for a continuance. Continuances shall not
exceed 28 days.
(c)
At any time prior to the hearing date, at the request of the code enforcement officer,
the attorney for the county, the respondent, or the attorney for the respondent, the
hearing officer assigned to hear the case may issue subpoenas directing witnesses to
appear and give testimony at the hearing.
(d)
If, at the time set for hearing, the respondent or his attorney fails to appear, the hearing
officer shall proceed with the hearing and accept evidence relating to the existence of
a code violation. At the close of the hearing, upon sufficient evidence of a violation,
the hearing officer may enter a default judgment of liability against the respondent and
impose fines and assess costs. A copy of the order of default shall be served promptly
in any manner for service of a notice of violation permitted by this ordinance and
applicable to the violation. A copy of the default judgment, which is a final
determination, shall apprise the respondent of the procedure for setting aside the
default judgment and also shall apprise the respondent of the availability of an appeal
of the default judgment to the Circuit Court of Kane County.
(e)
A respondent against whom a default judgment has been entered may file a motion
with the code enforcement unit to set aside the default judgment and for a new hearing.
A motion to set aside a default judgment may be filed within 28 days of entry of the
default judgment. A motion to set aside a default judgment shall set forth the reason(s)
the respondent failed to appear on the original hearing date. The motion will be heard
and ruled upon by the code hearing officer.
Representation at Hearings
The case for the County may be presented by the code enforcement officer or by the State’s Attorney.
In no event, however, may the case for the County be presented by an employee of the code hearing
unit. The case for the respondent may be presented by the respondent or the respondent’s attorney. If
the respondent is a corporation, it may appear through any officer, director, manager, or supervisor of
the corporation.
1-8
Conduct of Hearings
The hearing officer shall preside at the hearing, shall hear testimony, and shall accept any evidence
relevant to the existence or non-existence of a code violation on the property indicated. The code
enforcement officer’s signed violation notice and report form shall be prima facie evidence of the
existence of the code violation described in the form. The strict rules of evidence applicable to judicial
proceedings do not apply to hearings authorized under this ordinance. The burden of proof is a
Packet Pg. 49
Page 4 of 5, Ord. #05 - 310
preponderance of the evidence. Once a prima facie case is established by the County, the burden of
proof then shifts to the respondent.
1-9
Findings, Determination, and Order
At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the
evidence presented at the hearing as to whether a code violation exists. The determination shall be in
writing and shall be designated as the hearing officer’s findings, decision, and order. The findings,
decision, and order shall include the hearings officer’s findings of fact, a determination of whether a code
violation exists based on the findings of fact, and an order imposing a fine or other penalty, directing the
respondent to correct the violation, or dismissing the case if the violation is not proved. If the hearing
officer determines that the respondent is liable for the cited violation, the hearing officer shall enter an
order imposing sanctions that are provided in the Code for the violations proved, including the imposition
of fines and the recovery of the costs of the proceedings. Costs may be recovered in the same manner
as fines and penalties. A copy of the findings, decision, and order shall be served by personal service or
by any method provided for service of the violation notice and report form under paragraph 1-5.
1-10
Administrative Review
The findings, decision, and order of the hearing officer shall be subject to review in the Circuit Court of
Kane County. The Administrative Review Law [735 ILCS 5/3-101 et seq.] and the rules adopted pursuant
thereto shall apply to and govern every action for the judicial review of the final findings, decision, and
order of a hearing officer under this section.
1-11
Transfer or Conveyance of Property
The order to correct a code violation and the sanctions imposed by the County against a respondent
property owner as the result of a finding of a code violation under this Ordinance shall attach to the
property, subject to the interests of all lien holders of record, as well as to the owner of the property, so
that the owner cannot avoid the finding of a code violation against the owner by conveying or transferring
the property to another. Any subsequent transferee or owner of property takes the property subject to
the findings, decision, and order of a hearing officer under this Ordinance if a notice consisting of a copy
of the order to correct a code violation and imposing any sanctions and costs, if applicable, and a
description of the real estate affected that is sufficient to identify the real estate has been filed in the office
of the Kane County Recorder by the County prior to the transfer or conveyance to the subsequent
transferee or owner.
1-12
Collection of Unpaid Fines or Other Sanctions
(a) Any fine or other sanction or costs imposed, or any part of any fine or other sanction or costs
imposed, remaining unpaid after the exhaustion of or failure to exhaust procedures for judicial
review under the Administrative Review Law [735 ILCS 5/3-101 et seq.] is a debt due and owed
to Kane County and, as such, may be collected in accordance with applicable law. Any
subsequent owner or transferee of property takes subject to this debt if a notice has been filed
pursuant to section 1-11.
(b) After expiration of the period within which judicial review under the Administrative Review Law
may be sought for a final determination of the code violation, the County may commence a
proceeding in the Circuit Court of Kane County for purposes of obtaining a judgment on the
hearing officer’s findings, decision, and order, by filing a petition. Nothing in this Ordinance
prevents the County from consolidating multiple findings, decisions, and orders against a person
or property in such a proceeding.
(c) Upon commencement of the action, the County shall file a certified copy of the findings, decision,
and order, which shall be accompanied by a certification that recites facts sufficient to show that
Packet Pg. 50
Page 5 of 5, Ord. #05 - 310
the findings, decision, and order were issued in accordance with this Ordinance and 55 ILCS 5/541 et seq.. Service of the summons and a copy of the petition may be by any method provided
by Section 2-203 of the Code of Civil Procedure [735 ILCS 5/2-203] or by certified mail, return
receipt requested, provided that the total amount of fines or other sanctions and costs imposed
by the findings, decision, and order does not exceed $5,000.
(d) If the court is satisfied that the findings, decision, and order were entered within the requirements
of 55 ILCS 5/5-41 et seq. and this ordinance, and that the respondent had an opportunity for a
hearing under and for judicial review as provided in 55 ILCS 5/5-41 et seq.:
1-13
(1)
The court shall render judgment in favor of the County and against the respondent for
the amount indicated in the findings, decision, and order plus court costs. The judgment
has the same effect and may be enforced in the same manner as other judgments for
the recovery of money.
(2)
The court may issue other orders or injunctions, or both, requested by the County to
enforce the order of the hearing officer or to correct a code violation.
Severability
Should a court of competent jurisdiction determine that one or more sections or subsections of this
Ordinance is or are invalid, the remaining sections or subsections hereof shall remain in full force and
effect.
1-14
Effective Date
This Ordinance shall become effective ten days after passage and publication in pamphlet form if required
by law.
1-15
Hearing Costs
In the event of a determination that a violation has occurred, or if the complaint is dismissed or withdrawn
based upon compliance prior to the hearing date the hearing costs shall be recovered in the amount of
not less than $100 or the actual costs of the hearing, whichever shall be greater. The Hearing Officer,
may, in an appropriate case, and for good cause shown, waive or reduce costs. The County, by separate
ordinance or resolution may provide for additional or increased costs to be recovered.
Packet Pg. 51

Agenda - Tuesday, May 19, 2015

Transcription

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