City Council

GENEVA CITY COUNCIL MEETING AUGUST 3, 2015 CALL TO ORDER The August 3, 2015 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: Mike Bruno, Don Cummings, Craig Maladra, Richard Marks, Jim Radecki, Mary Seno, Ron Singer. Aldermen absent: Tara Burghart, Dean Kilburg, Tom Simonian. Also attending: City Atty. Charles Radovich, Asst. City Administrator/Dir. of Administrative Services Stephanie Dawkins, Community Development Director David DeGroot, Police Chief Steve Mexin. PLEDGE OF ALLEGIANCE Led by Boy Scout Sean Chalmers of Troop 36. PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS Proclaim August 3-9, 2015 as “Kiwanis International Week” in Honor of Its 100th Anniversary Kiwanis spokesman Richard Foster addressed the club’s community service commitment and introduced fellow Kiwanians who were present. Mayor Burns presented the group with a copy of the proclamation. Moved by Ald. Seno, seconded by Ald. Marks to proclaim August 3-9, 2015 as “Kiwanis International Week” in honor of its 100th anniversary. Carried unanimously by voice vote. MOTION CARRIED 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. Marks to approve the Omnibus Agenda as presented. Roll call: AYES: 7 (Ald. Bruno, Cummings, Maladra, Marks, Radecki, Seno, Singer) NAYS: 0 MOTION CARRIED APPROVE MINUTES OF THE LAST REGULAR MEETING HELD JULY 20, 2015 Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED APPROVE REPORTS Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED COUNCIL COMMITTEES Committee of the Whole August 10, 2015 at 7 p.m. 1363 Geneva City Council Meeting August 3, 2015 OTHER ITEMS AND CORRESPONDENCE Accept 1st Quarter FY2015-16 Goal Status Report as Presented Moved by Ald. Seno, seconded by Ald. Maladra to accept the first quarter FY2015-16 Goal Status Report as presented. Carried unanimously by voice vote. MOTION CARRIED MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: General Fund $65,065.36 Cultural Arts Fund 785.18 SPAC Fund 281.68 Tourism Fund 1,171.73 Restricted Police Fines 3,088.43 Tri‐Com Fund 1,782.60 PEG 485.03 SSA #1 30,953.04 SSA #11 7,875.00 General Capital Projects 11,517.00 Infrastructure Capital Projects 30,510.75 TIF #2 7,906.40 Electric 305,265.27 Water/Wastewater 333,642.10 Refuse 20,635.38 Commuter Parking 12,753.86 Group Dental 4,061.84 Utility Refunds 1,587.90 __________ Total Funds $839,368.55 Moved by Ald. Bruno, seconded by Ald. Marks that the bills be approved and vouchers prepared. Roll call: AYES: 7 (Ald. Bruno, Cummings, Maladra, Marks, Radecki, Seno, Singer) NAYS: 0 MOTION CARRIED COMMITTEE OF THE WHOLE ITEMS OF BUSINESS Table Ordinance 2015-26 Amending Title 6 (Police Regulations) Chapter 2 (Miscellaneous), Section 5 (Weapons) of the Geneva City Code Moved by Ald. Singer, seconded by Ald. Marks to approve Ord. 2015-26 amending Title 6 (Police Regulations) Chapter 2 (Miscellaneous), Section 5 (Weapons) of the Geneva City Code. Chief Mexin explained that, in order to clarify the definition, the wording of the ordinance has been changed slightly, replacing the term “air gun” with “air rifle” as defined in the Illinois Compiled Statutes. Ald. Seno sought clarification of the ordinance, saying that it appears to deal with both concealed carry and unlawful discharge of a firearm within the city. Chief Mexin said the new ordinance would specifically prohibit the use of air rifles within the city. He then provided the definition of “air rifle” as stated in the state statutes. Seeing it as 1364 Geneva City Council Meeting August 3, 2015 dealing with two separate issues, Ald. Seno felt that perhaps the ordinance should be bifurcated. Atty. Radovich suggested that Ald. Seno consider offering an amendment to delete, amend or modify that which has been proposed. Chief Mexin clarified that the proposed ordinance exceeds the state ordinance in that it is not unlawful to discharge an air rifle on private property by state law. He said that many Chicago suburbs have made it unlawful to discharge air rifles within their municipal boundaries. Ald. Maladra felt that it should be determined why so many municipalities feel that it is important to prohibit the use of air rifles, although he added that he is aware that some air rifles can cause damage and serious injury. He wondered if the prohibition of air rifles could be refined based on an accepted caliber and velocity. Chief Mexin said that it would be virtually impossible to enforce that type of prohibition, noting that weapons can be modified. Referring to a citizen’s letter, Ald. Maladra asked if there were options for parents who wish to teach their children the proper use of guns should the use of air rifles on private property be prohibited. Chief Mexin cited classes through gun clubs and gun stores. He also said that many of the air rifles look very realistic and can be mistaken for firearms. Ald. Maladra said that while he had qualms last week about this ordinance, he now feels he can support it. Ald. Seno felt that with proper parental supervision, use of an air rifle for target practice in the back yard is a positive learning process regarding proper firearms use. Ald. Bruno said that he heard from several constituents, who generally favor the new ordinance. He said that he tends to support the revised ordinance. Ald. Cummings hoped there might be a way to separate out the use of air rifles from other firearms and said that the proposed ordinance goes too far in prohibiting all air rifles. Motion to amend Ord. 2015-26 Moved by Ald. Seno, seconded by Ald. Cummings to amend Ord. 2015-26, Sec. 6-2-5C, by striking the reference to “air rifles” as defined by state statute. Atty. Radovich advised that the amendment could be refined to specifically state the types of air rifles to be allowed. Ald. Radecki said his concern was about safety, and he worried about the erratic individual that would use an air rifle in an unsafe manner. He also had concerns about air rifles that look like firearms. A vote was then taken on the amendment. Roll call: AYES: 4 (Ald. Cummings, Marks, Seno, Singer) NAYS: 3 (Ald. Bruno, Maladra, Radecki) MOTION DEFEATED Mayor Burns said the vote required a majority of aldermen holding office to pass. Motion to table Moved by Ald. Marks, seconded by Ald. Cummings to table discussion on this matter until the Aug. 10, 2015 Committee of the Whole meeting. Roll call: AYES: 7 (Ald. Bruno, Cummings, Maladra, Marks, Radecki, Seno, Singer) 1365 Geneva City Council Meeting August 3, 2015 NAYS: 0 MOTION CARRIED Approve Special Event Application for Trick or Trot 10K Run September 26, 2015 Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2015-24 Granting a Special Use in the OR Office Research District to Allow a Preschool/Daycare Center on the Property Located at 2423 Fargo Boulevard (Come Grow With Us Preschool/Childcare) Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2015-25 Amending Title 7 (Motor Vehicles and Traffic), Section 7- 4-8B Schedule VII (Limited Parking Zones) of the Geneva City Code Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2015-87 Declaring Miscellaneous Police Dept. Surplus Property Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2015-88 Authorizing Execution of a Memorandum of Understanding Authorizing the Appointment of Alternate Board Members Representing the City of Geneva on the Tri City Ambulance Board of Directors Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2015-89 Declaring Fire Dept. 1984 Pierce Dash Pumper and 1999 Plymouth Voyager as Surplus Property Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED NEW BUSINESS No New Business was presented. ADJOURNMENT There being no further business, moved by Ald. Marks, seconded by Ald. Singer to adjourn the Geneva City Council meeting. Carried by voice vote. The meeting adjourned at 7:41 p.m. ________________________ Lynn P. Landberg, City Clerk 1366