City Council

GENEVA CITY COUNCIL MEETING FEBRUARY 17, 2015 CALL TO ORDER The February 17, 2015 meeting of the Geneva City Council was called to order at 8:48 p.m. in the Council Chambers of City Hall by Mayor Kevin Burns. Aldermen present: Chuck Brown, Mike Bruno, Dorothy Flanagan, Dean Kilburg, Craig Maladra, Richard Marks, Mary Seno, Tom Simonian, Ron Singer. Aldermen absent: Don Cummings. Also attending: City Atty. Charles Radovich, City Administrator Mary McKittrick, Asst. City Administrator/Dir. of Administrative Services Stephanie Dawkins, Public Works Director Richard Babica, Community Development Director David DeGroot. PLEDGE OF ALLEGIANCE 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. Marks, seconded by Ald. Simonian to approve the Omnibus Agenda as presented. Roll call: AYES: 9 (Ald. Brown, Bruno, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED APPROVE MINUTES OF THE LAST REGULAR MEETING HELD FEBRUARY 2, 2015 Moved by Ald. Marks, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED APPROVE REPORTS Moved by Ald. Marks, 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 February 23, 2015 at 7:00 p.m. MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: General Fund $174,107.12 Cultural Arts Fund 696.50 SPAC Fund 3.17 Tourism Fund 136,540.31 Tri‐Com Fund 1,230.00 Mental Health Fund 315.00 SSA #1 5,193.85 Electric 2,399,375.02 Water/Wastewater 188,950.25 Refuse 72.88 Cemetery 3,102.14 Commuter Parking 589,498.88 Group Dental 10,136.50 Workers Compensation 900.00 Utility Refunds 181.36 1302 Geneva City Council Meeting February 17, 2015 Restricted Police Fines 1,250.00 ____________ Total Funds $3,511,552.98 Admin. McKittrick requested that the invoice from Uni-Max Management (vendor 2302) in the amount of $3,650 be removed, reducing the aggregate bills for payment amount to $3,507,902.98. Moved by Ald. Brown, seconded by Ald. Flanagan that the bills minus the invoice mentioned be approved and vouchers prepared. Roll call: AYES: 9 (Ald. Brown, Bruno, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED COMMITTEE OF THE WHOLE ITEMS OF BUSINESS Approve Resolution 2015-10 Authorizing Purchase of Ford Transit Connect Vehicle from Zimmerman Ford in the Amount of $21,284.00 Moved by Ald. Marks, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2015-11 Declaring Surplus Property of 2004 Ford Ranger Vehicle Moved by Ald. Marks, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2015-12 Authorizing Bid Award and Contract to H.D. Supply in the Amount of $36,946.77 for 2015 Overhead Cable Replacement Project Moved by Ald. Marks, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Acceptance of FY2014-15 3rd Quarter Goals Status Report Moved by Ald. Marks, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Certificate of Completion Lincoln Square Subdivision – Pulte Group Moved by Ald. Marks, seconded by Ald. Simonian to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2015-09 for Authorization to Proceed – Ill. Route 31 Road Diet Feasibility Study Submittal to IDOT District 1 Mayor Burns noted that this resolution was amended in the special Committee of the Whole meeting held prior to tonight’s Council meeting. Moved by Ald.Simonian, seconded by Ald. Marks to approve Res. 2015-09 for authorization to proceed on the Ill. Route 31 road diet feasibility study submittal to IDOT District 1. Roll call: AYES: 9 (Ald. Brown, Bruno, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED 1303 Geneva City Council Meeting February 17, 2015 Approve Resolution 2015-13 Amending the City’s Downtown Station-Area Master Plan to Change the Future Land Use Designation for the Subject Realty from “Single Family Residential” to “Single-Family Residential, Attached” – Oak Creek Capital Partners Moved by Ald. Marks, seconded by Ald. Seno to approve Res. 2015-13 amending the City’s Downtown Station-Area Master Plan to change the future land use designation for the subject realty from “Single Family Residential” to “Single-Family Residential, Attached.” Referring to the development in general, Dir. DeGroot explained that since last week’s COW meeting, the developer met with surrounding property owners and made subsequent changes to the plan being considered. Per the owners’ requests, the developer has agreed to switch the six-unit and five-unit buildings on N. First St. and N. Second St., pushing the six-unit buildings closer to Wheeler Park and the five-unit buildings closer to Steven St. and the single-family homes. Property owners also requested that heights be reduced on the two N. Second St. buildings, which can be achieved by altering the grades and eliminating the front porches, resulting in heights of 35’ 9”, down from 38’ 2”. Dir. DeGroot said that the developer’s preference is to move forward with the elevations presented at the COW meeting, but is willing to make the changes if so desired by the Council. Roll call: AYES: 9 (Ald. Brown, Bruno, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED Approve Ordinance 2015-05 Rezoning (Zoning Map Amendment) the Subject Realty from the R6 Two- and Three-Family Residential District to the R7 Multiple-Family Residential District – Oak Creek Capital Partners Moved by Ald. Marks, seconded by Ald. Bruno to approve Ord. 2015-05 rezoning (Zoning Map Amendment) the subject realty from the R6 Two- and Three-Family Residential District to the R7 Multiple-Family Residential District. Ald. Bruno felt that the R7 zoning provides the opportunity to create a better streetscape. Roll call: AYES: 9 (Ald. Brown, Bruno, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED Approve Ordinance 2015-06 Granting a Special Use for a Preliminary/Final Planned Unit Development – Oak Creek Capital Partners Moved by Ald. Marks, seconded by Ald. Simonian to approve Ord. 2015-06 granting a Special Use for a Preliminary/Final Planned Unit Development. Ald. Kilburg requested that emails received from residents expressing their concerns be entered into the public record. The emails were placed into the minutes as Exhibit A. Brannon Anderson, 328 N. Second St., said that surrounding residents object to the density in terms of the lot coverage due to the proposed height and setback variances that fall under the PUD. She emphasized that residents contacted the City last summer regarding potential development of the site, but were given little information, being told to wait until the public hearing. She said that the alternate plan does not eliminate the 1304 Geneva City Council Meeting February 17, 2015 front porches, only the steps leading up to the porches. She said the involved residents have asked that utilities be buried and evergreens be planted in front to break up the mass of the buildings. She thanked the City and the developers for their time. Kurt Beier, 124 and 116 Stevens St., said residents are looking for lowered height or greater setback, not both. He requested that a large blue spruce tree on the corner be retained. Brendan Cassin, 2605 Fargo Blvd., said that attention should be given to the original plan as agreed on by the Plan Commission, adding that given the number of changes the developer has made, it is unfair to continue this process further and that the Council should now approve the ordinance changes. Lori Loehr, 516 Ford St., felt that the development was not in keeping with the character of the neighborhood. She opposed the height, setback and density. She sees the development as the Rte. 31 gateway into the city and the historic district. Mary Zaander, 121 Ford St., suggested showing the height of the proposed buildings compared to those of existing structures in the neighborhood, thus providing a better idea of the proposed structures’ heights. She questioned the need for two parking spaces in addition to the garage for each townhouse in the proposed development. Ald. Bruno emphasized that careful scrutiny of the various building projects has contributed to what makes Geneva a special community. He said that he is excited about developing this property, but is concerned about the unified comments of the neighbors and pushing the envelope with both height and setback, as well as not being able to see the project in context. He felt that in ten years this concept will not be part of the desired housing mix. At this point, he still expects to oppose the development. Ald. Maladra said that new electrical utilities at the site will be buried, but, due to cost, utilities outside of the site will remain as is. He also pointed out that evergreens are not approved because they crowd the sidewalk, limit visibility at intersections, are not tolerant of road salt and tend to interfere with underground utilities. He questioned if continued discussion would be productive, citing the mass of the development as being the core issue. Addressing the developer, he said that he needs to understand what Geneva gets from the variances. Developer John Luzinski answered that early on his firm had taken, analyzed and appreciated Geneva’s downtown master plan, adding that that his product and plans match the intent of the master plan. He compared his project favorably to The Mews townhouse development, which has been mentioned positively several times in this discussion. He noted that his project is within walking distance to downtown. He recounted his recent discussion with the neighbors and emphasized his willingness to meet their requests. Saying this development could look like a monolithic box, Ald. Maladra said The Mews consists of seven units, whereas this development will consist of up to 30 units. He felt that lowering the height of the units by a few feet would not be evident. Mr. Luzinski pointed out variations in the exterior appearance, which he called “movement.” Resident Brannon Anderson agreed with Ald. Maladra, saying regardless of how much movement is applied to the front of the buildings, they still will be “big-box residential.” She reiterated her objections to the project. Ald. Bruno asked if the building façade would be affected by the number of units sold in each size category, with Mr. Luzinski answering that the sales mix will be close to what is anticipated. Ald. Flanagan asked how building height and width would affect unit size. 1305 Geneva City Council Meeting February 17, 2015 Ald. Kilburg said that this development probably will become the standard for future R7 zoning. He also noted that no one has advocated for moving forward with this project. He cited the sincerity of those questioning the project. He anticipated greater community opposition to this type of in-fill development in the future. Ald. Brown did not feel that this development would unduly stand out in the neighborhood, noting smaller setbacks on some of the Stevens St. residences. He said that he felt that this project was as nice as or nicer than ones he previously voted to approve, and that it would benefit the downtown area. He supported the project. After brief further discussion and prior to voting on this item, at Dir. DeGroot’s request, Mayor Burns clarified that this item does not include the revisions to the buildings presented as an option by the developer this evening, adding that both the City’s profession staff and the developer prefer the raised porches. Ald. Maladra said the elimination of the raised porches was the result of the developer and the neighbors working together and should not be dismissed at this point. For clarification, Atty. Radovich stated that the motion on the floor reflects the set of plans that were recommended by the Committee of the Whole, adding if the modifications tendered tonight are to be incorporated into the ultimate vote, an amendment is required reflecting those changes and a vote then taken on that amendment. Dir. DeGroot clarified that the two revisions made since the COW’s recommendation last week are to switch the two buildings on N. Second St. with those on N. First St., the six- unit buildings pushed to the north and the five-unit buildings pushed to the south; further, the buildings on N. Second St. would be reduced to 35’ 9” in height by changing the grade and eliminating the raised front porches. While recognizing the cooperative discussions between the developer and the residents, Mayor Burns supported the inclusion of the raised porches, saying that, to him, they said “neighborhood.” Ald. Maladra said he was questioning the process, saying that the Geneva way is to discuss and reach a compromise, which now is what is being presented. Motion to amend original motion by Ald. Marks Moved by Ald. Maladra, seconded by Ald. Seno to amend the motion to include the switching of the buildings and elevation change to the N. Second St. buildings, achieved by eliminating the raised porches on those buildings. Roll call: AYES: 5 (Ald. Flanagan, Kilburg, Maladra, Seno, Singer) NAYS: 5 (Ald. Brown, Bruno, Marks, Simonian, Mayor Burns) MOTION DEFEATED Second motion to amend original motion by Ald. Marks Moved by Ald. Simonian, seconded by Ald. Seno to amend the original motion to include the switching of buildings on N. Second St. with the buildings on N. First St. Roll call: AYES: 9 (Ald. Brown, Bruno, Flanagan, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED Vote on original motion by Ald. Marks as amended (Ord. 2015-06) AYES: 6 (Ald. Brown, Flanagan, Marks, Seno, Simonian, Singer) NAYS: 3 (Ald. Bruno, Kilburg, Maladra) MOTION CARRIED 1306 Geneva City Council Meeting February 17, 2015 Approve Resolution 2015-14 Approving Cash Contributions to the Geneva Park District and Geneva School District in Lieu of Land – Oak Creek Capital Partners Moved by Ald. Maladra, seconded by Ald. Bruno to approve Res. 2015-14 approving cash contributions to the Geneva Park Dist. and Geneva School Dist. in lieu of land. Atty. Radovich explained that under the terms of the Subdivision Control Ordinance, for this motion to prevail it will require seven (2/3) affirmative votes of the aldermen holding office. Motion to table until Feb. 23, 2015 Ald. Simonian wished to table the motion until all Council members are present. Moved by Ald. Simonian, seconded by Seno to table the motion until Feb. 23, 2015. Roll call: AYES: 5 (Ald. Flanagan, Kilburg, Maladra, Seno, Simonian) NAYS: 5 (Ald. Brown, Bruno, Marks, Singer, Mayor Burns) MOTION DEFEATED Vote on original motion by Ald. Maladra ( Res. 2015-14) AYES: 8 (Ald. Brown, Bruno, Flanagan, Maladra, Marks, Seno, Simonian, Singer) NAYS: 1 (Ald. Kilburg) MOTION CARRIED NEW BUSINESS No New Business was presented. ADJOURNMENT There being no further business, moved by Ald., seconded by Ald. to adjourn the Geneva City Council meeting. Carried by voice vote. The meeting adjourned at 10:16 p.m. ________________________ Lynn P. Landberg, City Clerk 1307