City Council

GENEVA CITY COUNCIL MEETING SEPTEMBER 2, 2014 CALL TO ORDER The September 2, 2014 meeting of the Geneva City Council was called to order at 7:05 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, Acting Public Works Director Brian Schiber, City Planner David DeGroot. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS Approve Mayor’s Appointment of George Salomon to Historic Preservation Commission Moved by Ald. Brown, seconded by Ald. Marks to approve the Mayor’s appointment of George Salomon to the Historic Preservation Commission. Carried unanimously by voice vote. MOTION CARRIED Mr. Salomon introduced his family and, at the Mayor’s request, provided information on his business background. Approve Mayor’s Appointment of John Rittenhouse to the Zoning Board of Appeals Moved by Ald. Maladra, seconded by Ald. Marks to approve the Mayor’s appointment of John Rittenhouse to the Zoning Board of Appeals. Carried unanimously by voice vote. MOTION CARRIED ZBA Chair Art Kaindl said Mr. Rittenhouse is a solid-thinking citizen of Geneva and will help the ZBA in its deliberations. Mr. Rittenhouse was unable to attend. Geneva Park District Foundation Presentation on “Autumn Fair at Peck Farm” Saturday, Sept. 20, 2014 Park District Foundation board member Sam Hill announced that the “Autumn Fair at Peck Farm” will be held on Sat., Sept. 20, beginning at 11:00 a.m. He noted a number of family activities to be held. He also called attention to more than 20 raffle packages at $5 a ticket. 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. Simonian 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 AUGUST 18, 2014 Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED 1338 Geneva City Council Meeting September 2, 2014 APPROVE REPORTS Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED COUNCIL COMMITTEES Committee of the Whole September 8, 2014 at 7:00 p.m. MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: General Fund $71,853.29 Cultural Arts Fund 604.30 Tourism Fund 3,763.54 Tri‐Com Fund 5,647.51 Mental Health Fund 90.00 SSA #1 270.80 SSA #11 4,750.00 SSA #16 4,531.50 Debt Service Fund 74,303.13 General Capital Projects 15,598.29 Infrastructure Capital Projects 7,381.00 TIF #2 1,700.00 Electric 157,457.65 Water/Wastewater 92,902.98 Refuse 18,045.30 Commuter Parking 8,168.69 Group Dental 5,064.27 Workers Compensation 22.63 Utility Refunds 5,697.99 Restricted Police Fines 700.00 __________ Total Funds $478,552.87 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 Resolution 2014-63 Authorizing Water Div. Purchase of a Replacement One Ton Dump Truck/Plow Truck Through the Illinois Joint Purchase Program in the Amount of $39,145 Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2014-64 Declaring Water Div. Surplus Property – 2003 Ford F450 Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED 1339 Geneva City Council Meeting September 2, 2014 Approve Resolution 2014-65 Authorizing Water Div. Purchase of a Replacement Water and Sewer Utility Truck in the Amount of $39,230 Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2014-66 Declaring Water Div. Surplus Property – 2000 Ford F350 Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2014-67 Authorizing Contract with V3 Company in an Amount Not to Exceed $328,507.34 for Third Street Parking Deck Expansion Construction Management Services Subject to Metra Review and Approval Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2014-24 Amending Site Plan/Final Planned Unit Development Plan Approval Granted by Ordinances 1995-97A and 1996-28 Related to the Conversion of the Former Applebee’s Restaurant into a Panera Bread Drive-Through Restaurant at 1690 N. Randall Road – Chicago Bread LLC Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2014-23 Amending Title 11 (Zoning) of the Geneva City Code, Section 11-12-6D (Electronic Message Board Signs) to Increase Allowable Frequency of Messages from Twice Per Day to Once Every Five Minutes Moved by Ald. Bruno, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2014-25 Amending Section 2 (Residential Area Development Standards) Paragraph F (Setback Requirements/Building Envelopes) of Ordinance 1997- 24B (A Special Use as a Mixed Use Planned Unit Development for the North Riverfront Redevelopment Project)to Increase the Allowable Floor Area Ratio from 0.5 to 1.0 for Lots 4 Through 8 in the North Riverfront Planned Unit Development Moved by Ald. Singer, seconded by Ald. Simonian to approve Ord. 2014-25 as presented. Audience member Eric Weck, 100 N. River Ln., spoke in opposition to the amendment, objecting to the size of the proposed duplex, also saying that the floor area ratio was incorrectly stated, and that water drainage from the structure will adversely affect the condominium building at 100 N. River Ln. He stated that the condominium association generally feels that a smaller structure would be a better alternative, suggesting a single- family house. Anne Stagno, 100 N. River Ln., also spoke in opposition, objected to the size of the structure. She called attention to the amount of property taxes that the condominium owners pay. She emphasized the importance of this issue to the condo owners. Jack Hoelscher, 128 N. First St., asked what floor area ratio was considered by the Historic Preservation Commission when it approved the duplex. Ald,. Bruno answered that the HPC does not consider floor area ratio in its deliberations. On a question from Ald. Simonian, City Planner DeGroot said that the applicant has been working with the city’s engineering division regarding the drainage issue. Ald. Brown 1340 Geneva City Council Meeting September 2, 2014 opposed the motion, citing the original transition zone between the condominiums and Rte. 31. He felt the proposed structure is too massive for the site. There being no further discussion, roll call: AYES: 7 (Ald. Bruno, Flanagan, Kilburg, Maladra, Seno, Simonian, Singer) NAYS: 3 (Ald. Brown, Cummings, Marks) MOTION CARRIED Defeat Ordinance 2014-26 (1) Amending Exhibit VII (Permitted Uses for the Commercial Tract) of Ordinance 89-48 (A Special Use as a Mixed Use Planned Unit Development) to Allow “Tattoo Shops” as a Special Use; and (2) Granting a Special Use to Allow a Tattoo Shop for the Real Property Located at 1871 S. Randall Road, Unit E Moved by Ald. Marks, seconded by Ald. Simonian to approve Ord. 2014-26 as stated. Atty. Radovich stated that on Aug. 29 he received a copy of a Notice of Protest filed by two property owners in the Glen Eagle Condominium Project who are protesting this application based on a state statute that permits owners of adjoining property to object to property subject to a rezoning and, therefore, requiring the City Council to approve a project based on an extra-majority (2/3) vote. He said that he has examined the protest closely, concluding that the two property owners are unit owners in the condominium project and that condominiums by their nature and definition are a different form of real estate. It is Atty. Radovich’s opinion that this statute would have had to be filed by the condominium association, the land being owned by the association. He recommended that the Council action be that of a simple majority vote. Atty. Peter Storm, representing the owners of Unit C, disagreed, saying that the covenants and declarations in addition to giving the individual condominium owners rights in that association also give them an undivided interest in all of the common elements, which is the real estate (units) referred to. He added that there are potentially only three occupants of the units. Ald. Brown asked if the City Attorney would recommend dividing this motion into two parts when voting. City Planner DeGroot said that there are two parts to the application, those being (1) the amended PUD to allow “tattoo shops” as a special use, and (2) a special use for that specific location. Ald. Bruno felt that there seems to be a prejudice against tattoo parlors per se, but added that culturally, tattoos are not what they used to be. Ald. Maladra felt that prejudice has nothing to do with the issue, but rather that a minority interest in an owner-occupied property is requesting a change that the majority interest in the owner-occupied property opposes. He said that those majority interests bought the property with an understanding of the special use ordinance at the time, with no reason to believe that the special uses would change. Atty. John Cooney, representing Family Eye Care, said that his clients selected this location because they felt they were moving up to a better community, having reviewed the permitted uses. He called attention to the large size of the PUD, noting that not all property owners in the PUD were notified of the proposed change. He also said that his clients bought the property in February 2014 and spent a great deal of money purchasing and renovating the property, with a reasonable expectation that the stated uses would not change. Ald. Simonian said that he supported a tattoo parlor. He felt that Ramiro Guillen, owner of the proposed parlor, showed himself to be an asset to the community. But he did not feel that the location was appropriate due to the opposition by the other owners. Ald. Marks was uncomfortable with not having all of the business owners within the PUD appropriately notified of the proposed change to the PUD. Also expressing concern that 1341 Geneva City Council Meeting September 2, 2014 all businesses were not contacted were Ald. Simonian and Ald. Cummings. Discussion ensued regarding the proper procedure in bringing forward the PUD text amendment. Mayor Burns said an option is for the Council to remand this matter back to the initial application submission. Ald. Simonian said that the applicant should not be penalized for what appears to be an error by the City in not properly notifying all businesses in the PUD. Further discussion on procedural matters followed. Atty. Storm said the applicant filed the appropriate petition to request an amendment based on submitting a preliminary plat to amend the PUD. He went on to say that, subsequently, the procedure changed to a text amendment and a special use petition, and should not have gone beyond the Plan Commission due to procedural inconsistency. After additional discussion, roll call on part one of the motion: AYES: 2 (Ald. Brown, Bruno) NAYS: 8 (Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) MOTION FAILS CLOSED SESSION ON SEMI-ANNUAL REVIEW OF CLOSED SESSION MINUTES Moved by Ald. Maladra, seconded by Ald. Simonian that the Council adjourn to Closed Session. Roll call: AYES: 10 (Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED The Council adjourned to Closed Session at 8:36 p.m. Moved by Ald. Marks, seconded by Ald. Simonian 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 8:48 p.m. OPEN SESSION RECOMMENDING RELEASE OF CERTAIN CLOSED SESSION MINUTES Moved by Ald.Marks, seconded by Ald.Simonian to approve the full or partial release of the City Council Closed Session minutes as listed on the memo dated Sept. 2, 2014. Roll call: AYES: 10 (Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED 1342 Geneva City Council Meeting September 2, 2014 NEW BUSINESS Hunger Action Month, Northern Illinois Food Bank Volunteering Ald. Seno noted that September is Hunger Action Month, with Ald. Kilburg encouraging city employees and their families to volunteer for the Northern Illinois Food Bank on Oct. 4 from 9:00 a.m. to 11:30 a.m. Festival of the Vine Ald. Brown noted that the Festival of the Vine will be held on Friday, Sept. 5, through Sunday, Sept. 7. ADJOURNMENT There being no further business, moved by Ald. Marks, seconded by Ald. Cummings to adjourn the Geneva City Council meeting. Carried by voice vote. The meeting adjourned at 8:51 p.m. ________________________ Lynn P. Landberg, City Clerk 1343