City Council

GENEVA CITY COUNCIL MEETING AUGUST 4, 2014 CALL TO ORDER The August 4, 2014 meeting of the Geneva City Council was called to order at 7:00 p.m. in the Council Chambers of City Hall by Mayor Kevin Burns. Aldermen present: Chuck Brown, Mike Bruno, Don Cummings, Dorothy Flanagan, Dean Kilburg, Craig Maladra, Richard Marks, Mary Seno, Tom Simonian, Ron Singer. Aldermen absent: None. Also attending: City Atty. Charles Radovich, City Administrator Mary McKittrick, Asst. City Administrator/Dir. of Administrative Services Stephanie Dawkins, City Treasurer Pat McQueeny, Acting Public Works Director Brian Schiber, Economic Development Director Ellen Divita, Community Development Director Dick Untch, Fire Chief Steve Olson, Finance Manager Thomas Dahl, City Planner David DeGroot. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS Approve Mayor’s Appointments of Jennifer Abplanalp and Paul Zellmer and Reappointments of Carolyn Zinke, Zachary Craft, and Al Hiller to the Historic Preservation Commission Moved by Ald. Bruno, seconded by Ald. Marks to approve the Mayor’s appointments of Jennifer Abplanalp and Paul Zellmer and reappointments of Carolyn Zinke, Zachary Craft and Al Hiller to the Historic Preservation Commission. Carried unanimously by voice vote. MOTION CARRIED Ms. Abplanalp provided some information on her background in historical preservation. Mr. Zellmer was unable to attend. Summer 2014 Art on Fire Award Presentations Cultural Arts Commission chair Tim Vetang showed photos of the entries and presented gift certificates to the winners, those being Felicia Kraft (first place), Ellie Wood (second place), and Marie Kostecka and Sally Gaigalas (third place). The winners received a round of applause. Ald. Singer asked if photos of former winning hydrants could be displayed, with Mayor Burns saying former painted hydrants are displayed on the city’s website. Presentation by Joe McKeown, Ill. Dept. of Commerce and Economic Opportunity, on State Programs to Assist Illinois Businesses Mr. McKeown called attention to several programs to assist smaller Illinois businesses. Included were programs providing tax credits and assisting in arranging loans. He discussed the nature of the programs and how businesses could qualify. He called attention to state websites that further explain the programs and how to apply. Dir. Divita pointed out that local businesses that might be interested could call her and that the city’s website provides links to various state programs. AMENDMENTS TO AGENDA Mayor Burns wished to include item 11b(1) that would cover the bond purchase agreement with Robert W. Baird & Co. Moved by Ald. Marks, seconded by Ald. Singer to amend the agenda as presented. Roll call: AYES: 10 (Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED 1328 Geneva City Council Meeting August 4, 2014 OMNIBUS AGENDA All items listed on the Omnibus Agenda are considered to be routine by the Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member or citizen so requests in which event the item will be removed from the Omnibus (Consent) Agenda and considered in its normal sequence on the Agenda. Moved by Ald. Bruno, seconded by Ald. Flanagan to approve the Omnibus Agenda as presented. Roll call: AYES: 10 (Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED APPROVE MINUTES OF THE LAST REGULAR MEETING HELD JULY 21, 2014 AND SPECIAL MEETING HELD JULY 28, 2014 Moved by Ald. Bruno, seconded by Ald. Flanagan to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED APPROVE REPORTS Moved by Ald. Bruno, seconded by Ald. Flanagan to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED COUNCIL COMMITTEES Committee of the Whole August 11, 2014 at 7:00 p.m. OTHER ITEMS AND CORRESPONDENCE Policy Discussion on Corner Lot Fences in Street Yards and Fence Height Requirements Ald. Maladra said that the issue with the current city code originated when a resident complained that a neighbor on a corner lot installed a fence that obstructed the appearance along the frontage on the block. Ald. Singer added that a constituent desires to install a 48” high fence in his back yard, but was informed that because he lives on a corner lot, the fence on the street side can be no higher than 42”. The owner wants a uniform fence on all sides, and, in addition, is having difficulty finding a suitable manufactured 42” fence. City Planner DeGroot then gave background information on corner lot fences in street yards and fence height requirements, including current regulations, reasons for fences in the street yard, and concerns with current regulations. Discussion then followed. Ald. Singer felt that a 48” fence would not hurt the aesthetics of the street yard. Ald. Maladra felt that street yard fences should be lower, calling higher fences “wall-like fences.” He said street space should be kept clear. Ald. Bruno agreed. Ald. Brown noted that in many parts of town, street yards on the side of a corner lot are located on blocks with no homes fronting on that street, adding that it becomes a question of the location of individual properties. After further discussion regarding current regulations, possible changes, the appeals process and attendant time and cost, consensus was to retain the current code. 1329 Geneva City Council Meeting August 4, 2014 Policy Discussion on Fencing Requirements for Outdoor Seating Liquor Licenses Admin. McKittrick related that Ald. Cummings informed her that the owners of Graham’s 318 were under the impression that they could not have an outdoor seating liquor license because they could not comply. Ald. Cummings added that both the owner of Villa Verone and Wildwood also felt that they needed a fence for outdoor seating. Ald. Cummings felt that there was confusion over what type of barrier is required for outdoor liquor sales service. He cited how Alexandria, Va. clearly spells out the barrier requirements and options for outdoor liquor sales and consumption, saying the city is similar to Geneva in aesthetics. Admin. McKittrick explained how barrier requirements were determined, citing weight requirements (30 lbs.) to keep the barrier in place. Patrick Neary, local restaurant owner, said that he was told that a fence was required and was not given an alternative. He cited the confusion among business owners over barriers (landscaping) vs. fencing. He saw a trend away from fencing required for outdoor seating. Ald. Brown said outdoor fencing requirements are contrary to the concept of a bistro- style setting. Admin. McKittrick pointed out that sidewalk café licenses where no liquor is being served are a separate category. Ald. Simonian felt that most establishments serving liquor outdoors would want some type of barrier to separate diners from passersby, but the business owners should decide as to the type of barrier. Mayor Burns brought up the question of delineating between festivals and standard business operations. Ald. Maladra felt that the word “barrier” should be omitted in favor of “delineation” between an establishment’s outdoor space and the public area. He said that, in the future, businesses should clearly understand what their options are in delineating their outdoor space. After some further discussion, Mayor Burns recommended forming a task force with a minimum of two aldermen to review the entire liquor code with consultation from local business owners, reporting back to the Council in three months with recommendations on how to improve or leave in place the current code. Ald. Maladra suggested concentrating on the delineation of outdoor areas. Council consensus was to form the task force. MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: General Fund $46,511.60 Cultural Arts Fund 1,195.60 Beautification Fund 20.00 Tourism Fund 1,706.92 Tri‐Com Fund 6,114.16 SSA #1 1,987.73 SSA #4 1,198.89 SSA #5 694.67 SSA #7 209.74 SSA #9 107.34 SSA #16 58,516.35 SSA #18 119.97 SSA #23 76.16 SSA #26 434.50 General Capital Projects 12,243.79 Infrastructure Capital Projects 29,967.15 Electric 51,745.02 Water/Wastewater 311,595.11 Refuse 18,024.32 Cemetery 2,966.58 1330 Commuter Parking 3,720.48 Geneva City Council Meeting August 4, 2014 Group Dental 2,990.60 Utility Refunds 5,151.03 __________ Total Funds $557,297.71 Moved by Ald. Brown, seconded by Ald. Flanagan that the bills be approved and vouchers prepared. Roll call: AYES: 10 (Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED COMMITTEE OF THE WHOLE ITEMS OF BUSINESS Approve Ordinance 2014-20 Amending Exhibit VII of Ord. 89-48 to Allow Animal Boarding as a Special Use; and Grant a Special Use to Allow a Veterinary Hospital with Animal Boarding for the Real Property Located at 1881 S. Randall Road – Animal Care Clinic of Geneva Moved by Ald. Marks, seconded by Ald. Bruno to approve Ord. 2014-20 as stated. Ald. Marks, who voted against this item at the July 28 Committee of the Whole meeting in order to further study the ordinance, said he has visited the animal care facility in South Elgin and was very impressed. Roll call: AYES: 10 (Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED Approve Ordinance 2014-21 Authorizing and Providing for the Issuance of Not to Exceed $2,000,000 General Obligation Refunding Bonds (Electric System Alternate Revenue Source), Series 2014, of the City of Geneva, Kane County, Illinois, for the Purpose of Refunding Certain Outstanding Electric System Alternate Revenue Bonds of the City and Providing for the Imposition of Taxes to Pay the Same Moved by Ald. Singer, seconded by Ald. Maladra to approve Ord. 2014-21 as stated. Finance Mgr. Dahl called on Speer Financial Vice Pres. Raphaliata McKenzie, who stated that Robert W. Baird & Co. has submitted a bid for the purchase of $1,815,000 in general obligation refunding bonds. She said that the sale will result in a gross savings of $89,447.22, or 4.607 percent of refunded principal. She further said that it is Speer’s opinion that the bid is favorable to the City and should be accepted. Ald. Simonian asked to see the comparisons on three dates of the negotiated vs. competitive bids. Ms. McKenzie provided Ald. Simonian with a copy as well as reading the comparisons aloud. Ald. Cummings felt that bond issues should go out for competitive bid, rather than negotiated bid. He pointed out that the purchase of equipment by the City, for instance, is bid competitively. He said that the City owes it to the taxpayers to bid bond issues competitively. Treasurer McQueeny stated that competitive bids generally achieve a better rate over time, but he supports moving forward in this case. Admin. McKittrick said that when the 1331 City is contacted by Speer, the City’s financial adviser, the City undertakes an analysis to determine potential savings, then moves forward as quickly as possible to capture the Geneva City Council Meeting August 4, 2014 savings if the market is conducive to achieving that savings, as was the case in this instance. Ald. Cummings said that he will continue to encourage competitive bidding regarding bond issues, saying he feels money will be saved over time. Roll call: AYES: 8 (Ald. Brown, Bruno, Flanagan, Maladra, Marks, Simonian, Singer, Mayor Burns) NAYS: 3 (Ald. Cumming, Kilburg, Seno) MOTION CARRIED Approve Bond Purchase Agreement with Robert W. Baird & Co. for the Amount Described in the Document presented by Speer Financial and Enlightened by Ms. McKenzie in Her Presentation Moved by Ald. Singer, seconded by Ald. Simonian to approve the bond purchase agreement with Robert W. Baird & Co. for the amount described in the document presented by Speer Financial and enlightened by Ms. McKenzie in her presentation. Roll call: AYES: 10 (Ald. Brown, Bruno, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer, Mayor Burns) NAYS: 1 (Ald. Cummings) MOTION CARRIED Approve Resolution 2014-61 Authorizing Execution of Restatement of Tri-City Police Records Intergovernmental Agreement Moved by Ald. Bruno, seconded by Ald. Flanagan to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2014-57 Declaring Three (3) Commuter Parking Deck Pay Stations as Surplus Property Moved by Ald. Bruno, seconded by Ald. Flanagan to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2014-58 Authorizing Execution of Easement Agreement for 810 Dow Avenue Moved by Ald. Bruno, seconded by Ald. Flanagan to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2014-59 Authorizing Execution of Easement Agreement for 834 Sunset Road Moved by Ald. Bruno, seconded by Ald. Flanagan to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Recommend Resolution 2014-60 Amending the Classification and Compensation Plan to Add the Positions of Battalion Chief and Fire Marshal Moved by Ald. Bruno, seconded by Ald. Flanagan to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED 1332 Geneva City Council Meeting August 4, 2014 Approve Ordinance 2014-22 Amending Title 9, Ch. 2 Related to Temporary Electric and Water Service Requests. Moved by Ald. Bruno, seconded by Ald. Flanagan to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED NEW BUSINESS Mayor Burns announced that former Geneva High School football player Pat Schiller has been signed by the St. Louis Rams. CLOSED SESSION ON PENDING LITIGATION Moved by Ald. Simonian, seconded by Ald. Marks that the Council adjourn to Closed Session. Carried by voice vote. The Council adjourned to Closed Session at 9:25 p.m. Moved by Ald. Flanagan, seconded by Ald. Bruno that the Council return to Open Session. Roll call: AYES: 10 (Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED The Council returned to Open Session at 9:36 p.m. OPEN SESSION TO RECOMMEND SETTLEMENT OF WORKERS COMPENSATION CLAIMS Moved by Ald. Brown, seconded by Ald.Marks to authorize a settlement in the amount of $44, 008.09 as full and final settlement in both claims for Michael O’Connor. Additionally, to authorize a settlement of $26,809.69 in full and final settlement for the claim of Fred Kriwanek. Roll call: AYES: 10 (Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED ADJOURNMENT There being no further business, moved by Ald. Flanagan, seconded by Ald. Simonian to adjourn the Geneva City Council meeting. Carried by voice vote. The meeting adjourned at 9:37 p.m. ________________________ Lynn P. Landberg, City Clerk 1333