Geneva Committee of the Whole considers zoning amendment

By Louie Torres

Jan 12, 2017

The city of Geneva Committee of the Whole met Nov. 28 to consider a zoning amendment.

Here is the meeting's agenda, as provided by the committee:

COMMITTEE OF THE WHOLE

Monday, November 28, 2016

at 7:00pm

City Hall Council Chamber

109 James Street

Geneva, IL 60134

AGENDA

1. CALL TO ORDER

2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM NOVEMBER 14, 2016

3. ITEMS OF BUSINESS

a. Consider Approval of Certificate of Acceptance for Lots 1-5, Block 66 and 5th and

Campbell Subdivision, Geneva, IL.

b. Consider Draft Resolution Authorizing Execution of an Electric Easement Agreement for

Distribution at Lots 186 and 187 Fox River Woodlands.

c. Consider Draft Ordinance Amending Title 11 (Zoning), Section 11-2-2 Related to the

Definition of the Term “Cosmetic Tattooing” and Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-

6E-2, 11-6F-2, 11-6G-2 and 11-7A-2 (Permitted Uses) to Expand the List of Permitted

Uses in the B1, B2, B3, B3E, B4, B5 Business Districts and OR Office Research District to

Include “Cosmetic Tattooing.”

d. Consider Draft Resolution Authorizing Execution of a PACE Subsidy Agreement Effective

January 1, 2017 through December 31, 2017 Subject to FY2017-18 Budget Approval.

4. NEW BUSINESS

5. ADJOURNMENT

COMMITTEE OF THE WHOLE MINUTES – NOV. 14, 2016 1

COMMITTEE OF THE WHOLE MINUTES

NOVEMBER 14, 2016

PRESENT: Mayor Burns, Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki,

Simonian, Seno, Singer

STAFF: Babica, Dawkins, DeGroot, Lambert, Tymoszenko, Wright

1. CALL TO ORDER

2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM OCTOBER 24, 2016

3. ITEMS OF BUSINESS

a. Consider Draft Ordinance Amending Title 4, Chapter 2 (Liquor Control), Section 4-2-10

(Restrictions on Issuance) of the Geneva City Code.

Ald. Kilburg moved to amend the motion (second by Ald. Burghart) to make the effective date of

the ordinance January 2018 to provide full transparency and not seem like the item was rushed

through for one or two specific individuals for the upcoming election cycle. Discussion on the

amendment commenced.

Roll Call on Amendment for Effective Date to be January 2018:

Ayes: 4 (Bruno, Burghart, Kilburg, Maladra)

Nays: 6 (Cummings, Marks, Radecki, Simonian, Seno, Singer)

Motion failed.

Motion by Ald. Marks, second by Ald. Cummings to approve the ordinance as presented:

Resident Sandra Ellis, 209 Peyton, stated her support for amending the ordinance.

Ayes: 6 (Cummings, Marks, Radecki, Simonian, Seno, Singer)

Nays: 4 (Bruno, Burghart, Kilburg, Maladra)

Motion carried.

The committee agreed by consensus to bring to the Dec. 5 City Council meeting for formal

approval.

COMMITTEE OF THE WHOLE MINUTES – NOV. 14, 2016 2

b. Recommend Approval of Historic Landmark Designation for the Property Known as the

Marshall-Judson Home, Located at 810 Dow Avenue, Geneva, IL.

Moved by Ald. Seno, second by Ald. Marks V/V: 10-0 Motion carried.

c. Recommend Draft Resolution Authorizing Execution of a Professional Services Agreement

with Stanley Consultants in an Amount Not to Exceed $40,993 for Arc Flash Study.

Moved by Ald. Marks, second by Ald. Seno V/V: 10-0 Motion carried.

d. Recommend Draft Resolution Authorizing Execution of an Easement Agreement for

Electric Distribution at 2123 S. Randall Road.

Moved by Ald. Marks, second by Ald. Bruno V/V: 10-0 Motion carried.

e. Recommend Draft Resolution Authorizing Execution of Amendment, Assignment and

Assumption Agreement with EnergyConnect Inc., Johnson Controls Inc., and Energywise Inc.,

d/b/a CPower.

Moved by Ald. Marks, second by Ald. Seno

f. Recommend Draft Resolution Amending the City’s Adopted Downtown Station-Area

Master Plan to Change Future Land Use Designation for the Subject Property from “Single-Family

Residential” to “Single-Family Attached/Row House” – Campbell Row/Midwest Custom Homes

and Redemption Holdings LLC.

Dir. DeGroot provided background on the process of the application including staff review, Plan

Commission review and now Committee review. Representatives of the builder were present to

comment on their project and thanked the committee for their consideration stating they were

excited to bring this development to the downtown region.

The following residents voiced their opposition to the plan:

Patricia McClachlan, 318 S. Fifth

Mike Kramer, 227 S. Fifth

Alan Huth, 315 S. Fifth

Mike Leoni, 528 Campbell

Bob Davidson, 202 Campbell Ct.

Megan Reno, 212 S. Fifth

COMMITTEE OF THE WHOLE MINUTES – NOV. 14, 2016 3

Resident Elizabeth Safanda, 1013 Dunstan Road, and Colin Campbell, 18 S. Sixth, stated their

support for the project.

Roll Call: Ayes: 8 Nays: 2 (Bruno, Burghart) Motion carried.

g. Recommend Draft Ordinance Amending Title 9 (Zoning), to Rezone the Subject Property

from the B3 Business District to the R7 Multiple-Family Residential District (Residential Area No.

2). – Campbell Row/Midwest Custom Homes and Redemption Holdings LLC.

Moved by Ald. Marks, second by Ald. Cummings

Roll Call: Ayes: 8 Nays: 2 (Bruno, Burghart) Motion carried.

h. Recommend Draft Ordinance Approving the Preliminary/Final Planned Unit Development

Plan Approval for the Conversion of the Existing Building Into a Mixed-Use Building Consisting of

Two Apartments and 2,525 Square Feet Office Space and the Construction of a New 5-Unit

Townhome Building. – Campbell Row/Midwest Custom Homes and Redemption Holdings LLC.

Moved by Ald. Simonian, second by Ald. Cummings

Roll Call: Ayes: 8 Nays: 2 (Bruno, Burghart) Motion carried.

i. Recommend Draft Resolution Authorizing Execution of Development Economic Incentive

Agreement By and Between the City of Geneva and Wauconda, L.L.C.

Moved by Ald. Marks, second by Ald. Bruno

Econ. Dev. Dir. Tymoszenko provided a summary of the proposed agreement. Crown

representatives, Mark Lambert and Linda Kost answered questions of the committee including

questions on their business plan to attract the tenants and construct the renovations. Ald.

Kilburg asked that more information regarding these issues be included in the agreement when

brought to council. Ald. Burghart voice opposition to the project with concerns about using the

taxpayer money for a ‘handout’ to a private entity.

Roll Call:

Ayes: 8 Nays: 2 Motion carried.

j. Discussion Regarding Opportunity Site 3 (7th & State) of the Downtown Station-Area

Master Plan Related to the Extension 7th Street, Development Parameters, and the Steps for

Consideration of Future Redevelopment Proposals. (No Action Required)

COMMITTEE OF THE WHOLE MINUTES – NOV. 14, 2016 4

Marquette representatives Jeff Prosapio and Darren Slonenger were present to receive input

from the committee on how to best move forward with a plan for the Cetron parcel. Several

residents were present to once again voice their concerns on the density of any development

noting they were not in favor of any buildings higher than three stories and also requested that

more green space be considered. Consensus was to have Marquette present a design charrette

to share with residents for initial input before going forward with any formal processes.

4. NEW BUSINESS

Ald. Radecki asked that the council consider a fourth leaf collection and the costs involved at the

Nov. 21st city council meeting. Dir. Babica stated he would provide them with the potential costs

for the meeting on the 21st.

Resident Tim Fallon, 226 S. River Lane, requested that the council allow the construction

company working on this street to use concrete to replace the apron of his driveway. Babica

stated what the cost would be and the committee granted Mr. Fallon this request.

5. ADJOURNMENT

In a motion by Ald. Marks, second by Ald. Seno, the meeting adjourned by unanimous voice vote

at 12:15 am (Nov. 15).

-Submitted by Recording Secretary Fornari

AGENDA ITEM EXECUTIVE SUMMARY

Agenda Item: Certificate of Acceptance – “Lots #1 thru 5, Block 66 @ 5th and

Campbell” Subdivision in Geneva, IL

Presenter & Title: Brian L. Schiber, P.E. City Engineer/Asst. Director of Public

Works

Date: November 16, 2016

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 -

Associated Strategic Plan Goal/Objective: N/A

Estimated Cost: $0.00

Budgeted? ____ Yes

___x_ No

Other ____ Yes

Funding? ____ No

If “Other Funding,” please explain how the item will be funded:

Executive Summary:

This is the Certificate of Acceptance for the site improvements associated with the “Lots

#1 thru 5, Block 66 @ 5th and Campbell” subdivision project completed by Avondale

Custom Homes. This LOC was reduced to $14,937.55 from the original amount of

$99,071.50 back in September of 2015. Upon Council approval, the Letter of Credit

#17399 for $14,937.55 will be returned to the owner, Avondale Custom Homes.

Attachments: (please list)

• Certificate of Acceptance Resolution

Recommendation / Suggested Action: (how item should be listed on agenda)

Staff recommends acceptance of the Certificate of Acceptance by the City Council at the

December 5, 2016 meeting.

CITY OF GENEVA CERTIFICATE

OF ACCEPTANCE RESOLUTION

Whereas, Avondale Custon Homes , Developer

of Lots #1 thru 5, Block 66 @5th and Campbell has

entered into a contract for the construction of specific site improvements, and

Whereas, Veruna Construction and Hanson Excavating , the Contractor, has completed the

following construction and a Certificate of Completion has been issued:

a. Water Main System Certificate of Completion issued 9-21-15

b. Storm Sewer System Certificate of Completion issued 9-21-15

c. Certificate of Completion issued

d. ____________________________ Certificate of Completion issued

e. Certificate of Completion issued

and,

Certificate of Completion issued

Whereas the normal or specified period of maintenance and liability of the Contractor expired on

September 21 , 2016 as heretofore agreed, and

Whereas the above listed construction has been inspected by Engineering

Resource Associates , the engineer for the developer, and the engineer and / or

representative for 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 date of

passage of this Resolution.

Passed this 5th day of December, 2016

Attest:

City Clerk Mayor

AGENDA ITEM EXECUTIVE SUMMARY

Agenda Item: Easement for Lots 186 & 187 of Fox River Woodlands, Geneva

Presenter & Title: Hal Wright, Superintendent of Electrical Services

Date: November 16, 2016

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 -

Associated Strategic Plan Goal/Objective: Vision 5, Manage City resources and assets to

effectively and efficiently deliver core services; provide for capital investment, and meet

community needs and desires. Goal B. Facility development of currently underutilized

property in the City.

Estimated Cost: $50.00

Budgeted? __X_ Yes

____ No

Other ____ Yes

Funding? ____ No

If “Other Funding,” please explain how the item will be funded:

Executive Summary:

The homeowner approached the City to grant an easement for existing utility poles on

two parcels that he currently owns. He is planning on selling off one parcel to build

another home and wanted to make sure there was utility access through easements to the

second parcel.

Attachments: (please list)

• Easement agreement

• Resolution 2016-__

Recommendation / Suggested Action: (how item should be listed on agenda)

Approve easement at the November 28, 2016 Committee of the Whole and the December

5, 2016 City Council so that it may be recorded.

RESOLUTION NO. 2016-__

RESOLUTION AUTHORIZING EXECUTION OF

Easement for Electric Distribution at Lots 186 & 187 Fox River Woodlands

WHEREAS, there are existing overhead utility lines and poles; and

WHEREAS, the existing overhead utility lines and poles cross over Lot 187 to a future home

site on Lot 186;

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE

COUNTY, ILLINOIS, as follows:

SECTION 1: That the Mayor hereby authorizes the City Clerk to execute, on behalf of

the City of Geneva, one (1) easement for Lots 186 & 187 of Fox River Woodlands, 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 5th day of

December, 2016.

AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __

Approved by me this 5th day of December, 2016.

Mayor

ATTEST:

City Clerk

AGENDA ITEM EXECUTIVE SUMMARY

Agenda Item:

Recommend approval of text amendments to the Geneva Zoning Ordinance–

Amending Section 11-2-2 (Definition of Words and Terms) related to the

definition of the term “Cosmetic Tattooing” and Sections 11-6B-2, 11-6C-2,

11-6D-2, 11-6E-2, 11-6F-2, 11-6G-2 and 11-7A-2 to expand the list of

permitted uses in the B1, B2, B3, B3E, B4, B5 Business Districts, and OR Office

Research District to include “Cosmetic Tattooing”

Presenter & Title: David DeGroot, Community Development Director

Paul Evans, City Planner

Date: November 28, 2016

Please Check Appropriate Box:

X Committee of the Whole Meeting Special Committee of the Whole Meeting

City Council Meeting Special City Council Meeting

Public Hearing Other -

Estimated Cost: $0 Budgeted? YES

Executive Summary:

Over the past several years, City staff have fielded calls from individuals desiring to perform cosmetic

tattooing/permanent makeup in Geneva. Staff has considered the use of “Cosmetic Tattooing” to be

accessory to a beauty parlor but now a business owner, Kelly Hemmerich of Permanent Makeup by

Kelly, is seeking to perform cosmetic tattooing as the primary use. Staff is recommending a definition

for “cosmetic tattooing” that would differentiate it from typical body art tattoos. Staff is also

recommending that “cosmetic tattooing” be allowed as permitted use in the City’s business and office

districts.

Cosmetic tattooing or permanent makeup is largely used by cancer survivors who have lost their hair

to chemotherapy and other drug treatments or have skin deformities. Cosmetic tattooing simulates

the appearance of common cosmetic applications for its clients such as eyeliner, lip liner, lip color and

eyebrow enhancements to restore or improve the appearance of damaged or disfigured skin. A public

hearing on the proposed amendments was held before the Plan Commission on November 16, 2016.

Attachments: (please list)

Draft Ordinance

Recommendation / Suggested Action: (briefly explain)

At its meeting on November 16, 2016, the Plan Commission unanimously recommended approval of

Zoning Ordinance text amendments to amend Section 11-2-2 (Definition of Words and Terms) related

to the definition of the term “Cosmetic Tattooing” and Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-6E-2,

11-6F-2, 11-6G-2 and 11-7A-2 to expand the list of permitted uses in the B1, B2, B3, B3E, B4, B5

Business Districts, and OR Office Research District to include “Cosmetic Tattooing”, as presented the

attached report and the attached draft ordinance.

BACKGROUND

Over the past several years, City staff have fielded calls from

individuals desiring to perform cosmetic tattooing/permanent

makeup in Geneva. Staff has considered the use of “Cosmetic

Tattooing” to be accessory to a beauty parlor but now a business

owner, Kelly Hemmerich of Permanent Makeup by Kelly, is seeking

to perform cosmetic tattooing as the primary use. Staff is

recommending a definition for “cosmetic tattooing” that would

differentiate it from typical body art tattoos. Staff is also

recommending that “cosmetic tattooing” be allowed as permitted

use in the City’s business and office districts.

Cosmetic tattooing or permanent makeup is largely used by cancer

survivors who have lost their hair to chemotherapy and other drug

treatments or have skin deformities. Cosmetic tattooing simulates

the appearance of common cosmetic applications for its clients such

as eyeliner, lip liner, lip color and eyebrow enhancements to restore

or improve the appearance of damaged or disfigured skin.

REQUEST

Zoning Ordinance Text Amendments to amend Section 11-2-2

(Definition of Words and Terms) related to the definition of the term

“Cosmetic Tattooing” and Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-6E-

2, 11-6F-2, 11-6G-2 and 11-7A-2 to expand the list of permitted uses

in the B1, B2, B3, B3E, B4, B5 Business Districts, and OR Office

Research District to include “Cosmetic Tattooing”.

REVIEW COMMENTS

Staff submitted an inquiry to the Planning Advisory Service (PAS)

provided by the American Planning Association regarding the

definition of “cosmetic tattooing”. The response from PAS included

several definitions for “cosmetic tattooing”. PAS also provided

examples from across the country regarding the definition of tattoos

or cosmetic tattooing. Most zoning ordinances seem to treat

“cosmetic tattooing” as “tattooing”. Yet some ordinances

GENEVA COMMITTEE OF THE WHOLE

Community Development Department Report

Applicant

Kelly Hemmerich, Permanent

Makeup by Kelly

Request

Zoning Ordinance Text

Amendments to Section 11-2-

2 (Definitions of Words and

Terms) related to the

definition of the term

“cosmetic tattooing” and

Sections 11-6B-2, 11-6C-2, 11-

6D-2, 11-6E-2, 11-6F-2, 11-6G-

2 and 11-7A-2 to expand the

list of permitted uses in the

B1, B2, B3, B3E, B4, B5

Business Districts, and OR

Office Research District to

include “Cosmetic Tattooing”.

Recommendation

At its November 16, 2016

meeting, the Plan Commission

unanimously recommended

approval of the zoning

ordinance text amendment,

as presented in this staff

report.

NOVEMBER 28, 2016 ZONING ORDINANCE

TEXT AMENDMENTS

COSMETIC TATTOOING

Page 2 of 3 Zoning Ordinance Text Amendments – Cosmetic Tattooing

differentiate “cosmetic tattooing” from “tattooing” by defining the use as a common cosmetic

application and not body art. Staff believes differentiating cosmetic tattooing from other ink tattoos is

appropriate for this proposed use because cosmetic tattooing is more a medical procedure than body

art.

Staff also evaluated the compatibility of this use with other zoning districts and recommend that

“Cosmetic Tattooing” be allowed as a permitted use in the B1, B2, B3, B3E, B4, and B5 Business Districts

and OR Office Research District. These districts allow nail salons, massage therapy, and office uses as

permitted uses, except in the B3 District which allows these uses above or below the ground floor as

permitted uses. Therefore, staff recommends limiting cosmetic tattooing in the B3 District to above or

below ground floor. Similarly, the parking requirements proposed for cosmetic tattooing are the same

as hair salons, nail salons, and professional offices at 4 parking spaces per 1,000 square feet of gross

floor area.

Proposed Zoning Ordinance Text Amendment – To define the term “cosmetic tattooing”

Staff recommends an amendment to Section 11-2-2 (Definition of Words and Terms) of the Geneva

Zoning Ordinance to add the definition of the term “Cosmetic Tattooing” as shown below:

COSMETIC TATTOOING: The practice commonly known as permanent makeup, in which

micropigmentation or intradermal cosmetics are applied to semi-permanently or permanently

simulate the appearance of common cosmetic applications such as eyelines, lip lines, eyebrow

enhancements and beauty marks or to otherwise semi-permanently or permanently restore or

improve the appearance of damaged or disfigured skin and outer bodily features to natural

coloration and condition.

Proposed Zoning Ordinance Text Amendment – To add the term “cosmetic tattooing” as a permitted use

to the following zoning districts: Sections 11-6B-2, 11-6C-2, 11-6D-2, 11-6E-2, 11-6F-2, 11-6G-2 and 11-

7A-2 to expand the list of permitted uses in the B1, B2, B3, B3E, B4, B5 Business Districts, and OR Office

Research District to include “Cosmetic Tattooing”. Proposed additions are shown in bold font.