Kendall County Planning, Building and Zoning Committee met February 13.
Here is the minutes provided by the Committee:
Call To Order:
The meeting was called to order by Chairman Bob Davidson at 6:31 p.m.
Roll Call:
Committee Members Present: Lynn Cullick, Bob Davidson (Chairman), Judy Gilmour (arrived at 6:32 p.m.), Scott Gryder, and Matt Kellogg (Vice Chairman) Committee Members Absent: None Also Present: Matt Asselmeier (Senior Planner), Scott Koeppel (County Administrator), Jim Williams, David Lombardo, Jerry Lizalek, John Millington, Michael King, and Patrick Dalseth
Approval Of Agenda:
Motion by Member Cullick, seconded by Member Gryder, to move the Approval of Amendments to Petition 17-28 Pertaining to Outdoor Target Practice and Shooting Zoning Regulations to between Petitions and New Business. With a voice vote of four ayes, the motion carried.
Member Gilmour arrived at this time (6:32 p.m.)
Approval Of Minutes:
Motion by Member Cullick, seconded by Member Kellogg, to approve the minutes of the January 8, 2018 meeting. With a voice vote of five ayes, the motion carried.
Motion by Member Cullick, seconded by Member Kellogg, to approve the minutes of the January 30, 2018 special meeting. With a voice vote of five ayes, the motion carried.
Expenditure Report:
The Committee reviewed the claims report. Motion by Member Kellogg, seconded by Member Cullick, to forward the claims to the Finance Committee. With a voice vote of five ayes, the motion carried.
Public Comment:
David Lombardo, Shorewood, provided his curriculum vitae. Mr. Lombardo expressed concerns regarding the requirements that backstops must be one hundred fifty feet (150’) for ranges for handguns and rifles with the same or less power than.22. He advised that the requirement be lowered to fifty feet (50’). He also expressed concerns regarding the backstop for rifles with more power than a.22 long rifle because of the financial costs to construct a range. Mr. Lombardo agreed to meet with Mr. Asselmeier to offer his suggestions. Mr. Asselmeier will bring Mr. Lombardo’s comments to the March committee meeting.
Jerry Lizalek, Channahon, echoed Mr. Lombardo’s comments regarding the distances from the firing line contained in the proposal. He recommended having short ranges because of safety reasons. He expressed concerns regarding the size of property needed to have the firing line one thousand fifteen hundred feet (1,500’) from the property lines of adjoining properties. Mr. Asselmeier stated that the current regulations are one thousand feet (1,000’) from existing dwellings and property lines of schools, daycares, places of worship, and airstrips. Mr. Lizalek requested that the phrase “public or private” after “ranges” in item “t”. He also requested that the phrase “open to the public” be added after “ranges” in item “u”. Lastly, he requested that word “yard” be replaced with “on your property” to the definition at the beginning of the proposal.
Chairman Davidson noted that the proposal will not be finalized until July at the earliest.
John Millington, Chicago, is a member of the Howell Shooting range. He asked if the State’s Attorney has the final say. Chairman Davidson said that the State’s Attorney provides legal advice, but the County Board has the final say on the proposal.
Michael King, Minooka, asked about the direct access requirement. Mr. Asselmeier noted that the State’s Attorney’s Office reviewed this requirement at the request of the Committee and the State’s Attorney’s Office questioned the public purpose related to this portion of the proposal. Mr. Asselmeier noted that this requirement was included because of concerns regarding changing a land use in a previous application. In that case, the property was formerly a house and was proposed to be a gun range. Some Committee members felt that the easement did not adequately protect the underlying property owner. Mr. King noted that the intent of public, perpetual easements are to provide access to property.
Petitions:
None
Old Business:
Approval of Amendments to Petition 17-28 Pertaining to Outdoor Target Practice and Shooting Zoning Regulations-
Discussion occurred regarding the distance of the firing line from dwellings. No decision was made on this portion of the proposal.
Motion by Member Gryder, seconded by Member Cullick, to bring this item back for the March meeting with Mr. Lombardo’s comments included in the proposal. With a voice vote of five ayes, the motion carried.
New Business:
Planning, Building and Zoning Staffing Issues-Discussion of Planning, Building and Zoning Director Position-
Member Kellogg asked about a job description for this position. Mr. Koeppel said that he did not believe the Department requires a full-time director. Member Gryder suggested making Mr. Asselmeier the Zoning Administrator and removing the Interim title from the County Administrator’s duties. The job descriptions for Planning, Building and Zoning Staff will be examined after completion of review of the job descriptions of employees in the Administrative Office. Mr. Koeppel will prepare proposed job descriptions and bring those job descriptions to the HR Committee for review. The proposed job description will then be sent back to the Planning, Building and Zoning Committee.
Planning, Building and Zoning Staffing Issues-Discussion of Part-Time and/or Intern Position-
Mr. Koeppel explained that the Department had a full-time position. The person holding that position left the position and the previous County Administrator felt hiring a part-time person and an intern was the best option financially. The current part-time position works from 8:00 a.m. until 1:00 p.m. Monday-Friday and is at capacity. The existing intern will graduate in May; his employment will end upon graduation. The existing internship is paid. There is money in the budget to cover the salary of a part-time person. The part-time position would not be eligible for healthcare, but would be eligible for IMRF; the person would work one thousand (1,000) hours per year. Mr. Koeppel would like to post the job in April. The consensus of the Committee was to hire a part-time person instead of an intern.
Discussion of Citation Writing Possibility-Committee Could Refer This Matter to the State’s Attorney’s Office-
Mr. Asselmeier read his memo on the subject. The Department already has the ability to issue notices. The question to the State’s Attorney’ Office is does the Department need additional authority to issue citations. Mr. Asselmeier also recommended that the Committee examine the fine schedule. Mr. Koeppel suggested that the fine schedule should be reviewed.
Jim Williams, Boulder Hill, reported a trailer parked on neighboring property and discussed additional complaints he previously filed.
The consensus of the Committee was to have Staff meet with the State’s Attorney’s Office to ensure the existing enforcement procedures allows for citation ability. If changes are required, a proposal will come back to the Planning, Building and Zoning to allow citations.
Discussion of Memo from Brian Holdiman to Planning, Building and Zoning Committee Pertaining to Property Maintenance Codes-
Mr. Asselmeier read Mr. Holdiman’s memo. The consensus of the Committee was to have Mr. Holdiman research the matter further and to propose specific changes to the ordinances to address issues.
Approval to Publish the Noxious Weed Annual Notice In a Newspaper of General Circulation in Kendall County At a Cost Not To Exceed $100; Related Invoice(s) Will Be Paid from the Planning, Building and Zoning Legal Publication Line Item (010-2-002-6209)-
Mr. Asselmeier read his memo on the subject. The State requires the County to publish the notice at least one (1) time per year. In the Noxious Weed Work Plan approved in 2017, the notice was to be published in first quarter of 2018.
Motion by Member Kellogg, seconded by Member Gryder, to recommend approval of publishing and paying for the notice as proposed.
Yeas (5): Cullick, Davidson, Gilmour, Gryder, and Kellogg
Nays (0): None
Abstain (0): None
Absent (0): None
The motion carried. This matter will go to the County Board on February 20th.
Approval of Intergovernmental Agreement with the United City of Yorkville for Building Inspection Services-
Mr. Asselmeier provided information on the proposal; there were no changes from the 2017 agreement.
Motion by Member Gryder, seconded by Member Cullick, to recommend approval of the intergovernmental agreement as presented.
Yeas (5): Cullick, Davidson, Gilmour, Gryder, and Kellogg
Nays (0): None
Abstain (0): None
Absent (0): None
The motion carried. This matter will go to the County Board on February 20th.
Approval of Resolution to Release All Claims on a Certificate of Deposit Owned by Vincent Domino at Old Second Bank in the Amount of $923.19-
Mr. Asselmeier read his memo on the request. Mr. Domino established this account at his own initiative; the County did not require the creation of the account. Mr. Domino placed a condition on the account that the account cannot be liquidated without “Yorkville’s approval”. The funds were to be used to cover the land cash costs for a four (4) bedroom house in the Rancho Real Subdivision. Mr. Domino no longer owns the property. If someone applied for a building permit on the property, the Planning, Building and Zoning Department would charge them the applicable land cash fee.
Motion by Member Kellogg, seconded by Member Cullick, to recommend approval of the resolution releasing all claims on a certificate of deposit owned by Vincent Domino at Old Second Bank in the amount of Nine Hundred Twenty-Three Dollars and Nineteen Cents ($923.19).
Yeas (5): Cullick, Davidson, Gilmour, Gryder, and Kellogg
Nays (0): None
Abstain (0): None
Absent (0): None
The motion carried. This matter will go to the County Board on February 20th.
Old Business:
Approval to Release Minutes of Meetings Lawfully Closed Under the Illinois Open Meetings Act (5 ILCS 120/2(c)(21))
Motion by Member Kellogg, seconded by Member Gryder, to approve the release of the executive session minutes from the following meetings:
June 9, 1997, August 11, 1997, May 8, 2000, February 13, 2001, February 7, 2005 B, April 11, 2005, May 2, 2005, May 9, 2005, October 5, 2006, February 5, 2007, and April 9, 2007.
Yeas (5): Cullick, Davidson, Gilmour, Gryder, and Kellogg
Page 4 of 8
Nays (0): None
Abstain (0): None
Absent (0): None
The motion carried.
Update on Trailer Parked in Front Yard/Driveway Complaint at 18 Ridgefield Road, Montgomery. Committee Could Refer the Matter to the State’s Attorney’s Office or Code Hearing Unit-
Mr. Asselmeier reported that the trailer parked in the driveway at 18 Ridgefield Road was removed.
Discussion of Solar Panel Regulations-Committee Could Initiate Text Amendments to the Zoning Ordinance on (a) and (b) below
(a)Proposed Regulations of Solar Panels Used for Onsite Consumption of Energy-
Mr. Asselmeier read his memo on the issue. Solar panels used for onsite consumption of energy up to one hundred twenty percent (120%) of the energy generated is a permitted use in all districts. Yorkville’s solar panel regulations were presented. The consensus of the Committee was not to make any changes at this time.
(b) Proposed Regulations of Solar Panels Used for Offsite Consumption of Energy-
Mr. Asselmeier presented a table comparing the solar panel regulations of Boone, DeKalb, Grundy, Kankakee, Tazewell, and Will Counties. Mr. Asselmeier noted that LaSalle County does not have specific conditions on special use permits for solar farms. Chairman Davidson suggested obtaining Chris Childress’ recommendations on a proposal. Mr. Asselmeier favored Grundy County’s regulations. Several members favored DeKalb County’s regulations with the inclusion of the field tile requirements.
Patrick Dalseth, employee of solar developer SunVest Solar Inc., was trying to get the pulse of Kendall County for solar development. The window of incentive availability was short. Applications must be submitted in June; securing the correct zoning must occur prior to application. There could be three (3) application opportunities by the end of the first quarter of 2019. Projects must be built in eighteen (18) months. Mr. Dalseth said that the City of Kankakee in the industrial was the easiest area to get permitted. He also likes DeKalb County’s regulation and Will County’s regulation without the landscaping provisions. Leases are twenty- five (25) years with a five (5) year option.
Mr. Asselmeier will obtain an updated copy of DeKalb County’s regulations. Any applications submitted under the current regulations would be evaluated on a case-by-case basis because the County could not adopt a solar panel regulation before the incentives from the State expire.
The consensus of the Committee was to bring this proposal back at the March meeting.
Review of Commercial Wind Farm Regulations-
Mr. Asselmeier presented his memo on the subject. The consensus of the Committee was not to make any changes at this time.
Update on Bridge Issue at 13360 McKanna Road, Minooka (Bridge Owned by Mark Antos)-
Mr. Asselmeier reported that neither the State’s Attorney’s Office nor the Planning, Building and Zoning Department received correspondence from Mr. Antos since Mr. Antos requested permission to complete the bridge by May 1st. The consensus of the Committee was to have the State’s Attorney’s Office ready to file paperwork in court if Mr. Antos fails to remove the low water crossing by May 1, 2018.
Request for Guidance RE: Conditional Use Permits-
Mr. Asselmeier read his memo on the subject. He divided each conditional use into permitted or special use based on potential negative impacts to neighborhoods. The consensus was to set seasonal festivals as a special use.
The consensus of the Committee was to review this proposal at the March meeting.
Review of Proposed Special Use Renewal Procedure-Committee Could Initiate Text Amendments to the Zoning Ordinance on This Matter-
Mr. Asselmeier read his memo on the subject.
Motion by Member Kellogg, seconded by Member Gryder, initiate a text amendment to the Zoning Ordinance establishing special use permit renewal procedures.
Yeas (5): Cullick, Davidson, Gilmour, Gryder, and Kellogg
Nays (0): None
Abstain (0): None
Absent (0): None
The motion carried.
Review Violation Report-
The Committee reviewed the Violation Report. Member Gryder asked about the violation at 14824 Millhurst Road. Mr. Asselmeier will provide Member Gryder the specifics of that case.
Review Non-Violation Report-
The Committee reviewed the Non-Violation Report.
Update For Historic Preservation Commission:
February 21, 2018-
Event Mr. Asselmeier reported that as of February 13th, twenty-seven (27) people have RSVP’d for the event.
Review Permit Report:
The Committee reviewed the permit report.
Review Revenue Report:
The Committee reviewed the revenue report.
Correspondence:
December 28, 2017 Email from Greg Stromberg to Brian Holdiman RE: 45 Cheyenne Court-
Mr. Asselmeier read the email on this matter.
January 9, 2018 Email from Matt Asselmeier to PBZ Committee RE: Follow-up from January PBZ Committee Meeting-
Mr. Asselmeier read the email on this matter.
January 9, 2018 Email from Matt Asselmeier to PBZ Committee RE: Questions from January PBZ Committee Meeting-
Mr. Asselmeier read the email on this matter.
January 18, 2018 Memo from Matt Asselmeier to PBZ Committee RE: 2017 Residential Building Permit Information-
Mr. Asselmeier read the memo on this matter.
February 3, 2018 Report to the Kendall County Regional Planning Commission Annual Meeting-
Mr. Asselmeier read the report on this matter.
Correspondence Related to Schaefer North Phase 3 Bond-
Mr. Asselmeier read the correspondence on this matter.
Memo from Brian Holdiman to Planning, Building and Zoning Committee RE: Building Permit Process-
Mr. Asselmeier read the memo on this matter.
January 25, 2018 Letter from Matt Asselmeier to Thomas Schnabel, Jr. RE: Bond for Appraisal of 9092 Ashley Road-
Mr. Asselmeier read the letter on this matter. If Mr. Schnabel does not act on the bond, the question of releasing the bond will be on the March Planning, Building and Zoning Committee agenda.
Correspondence Related to Drinking Water 1 2 3-
Mr. Asselmeier read the correspondence on this matter.
February 15th Yorkville Downtown Overlay District Meeting-
Mr. Asselmeier read the flyer on this matter.
Public Comment:
Jim Williams, Boulder Hill, discussed resolving issues with abandoned houses. Mr. Asselmeier stated the house that suffered a fire in Boulder Hill did not have visible code violations. Without a property maintenance code, the inspector can only resolve matters if the violations are visible. The suggestion was made to work with the Health Department to cite the property for health code violations.
Comments From The Press:
None
Executive Session:
None
Adjournment:
Member Kellogg motioned to adjourn, seconded by Member Gryder. With a voice vote of five ayes, Chairman Davidson adjourned the meeting at 8:34 p.m.
https://www.co.kendall.il.us/wp-content/uploads/PBZ-Committee-Minutes-2-13-18-Approved-Complete.pdf
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