City Council

GENEVA CITY COUNCIL MEETING NOVEMBER 2, 2015 CALL TO ORDER The November 2, 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, Tara Burghart, Don Cummings, Dean Kilburg, Craig Maladra, Richard Marks, Jim Radecki, 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, Public Works Director Richard Babica, Economic Development Director Cathleen Tymoszenko, Community Development Director David DeGroot, Police Chief Steve Mexin, Police Commander Julie Nash, Electric Division Superintendent Hal Wright, Information Technologies Manager Peter Collins, Finance Manager Rita Kruse. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS Proclaim November 2015 as “Epilepsy Awareness Month” Geneva resident Denise Ugasti and her daughter, Jennifer, spoke of their own experience with epilepsy. Ms. Ugasti introduced Kurt Florian, president and CEO of the Epilepsy Foundation of Greater Chicago. She thanked Mayor Burns for helping her promote epilepsy awareness in Geneva. Jennifer also spoke of her own situation. Mayor Burns presented the Ugasti family with the proclamation. Moved by Ald. Seno, seconded by Ald. Marks to proclaim Nov. 2015 as “Epilepsy Awareness Month.” Carried unanimously by voice vote. MOTION CARRIED Welcome Chicago Steel Hockey Team Mayor Burns welcomed the Chicago Steel hockey team to Geneva and their new home at the Fox Valley Ice Arena. Representing the team this evening were Dan Lehv, president; Dan Muse, head coach; team members Marcel Godbout, captain; Marc Johnstone and Tanner Laczynski, alternate captains. Mayor Burns asked Mr. Lehv, Coach Muse and the players for information on the team and the individuals’ backgrounds. Welcome Illinois General Assembly District 65 Rep. Steve Andersson Mayor Burns introduced Geneva resident and Dist. 65 Rep. Steve Anderssen. Mayor Burns thanked Rep. Anderssen for accepting the City’s invitation to speak before the Council. Rep. Anderssen then spoke briefly about issues of particular interest to the City of Geneva and its residents. He addressed the Governor’s proposal to reduce or eliminate Local Government Distributive Funds (LGDF), saying he does not support reducing the LGDF funding; however, citing proposed funding cuts affecting other worthy groups, he said he would consider all groups and prioritize spending in considering funding cuts. In answering Council members’ questions, he went on to say that he favored eliminating unfunded mandates, applying more pressure to achieve a budget agreement and instituting structural reform. On the issue of freezing property taxes, Rep. Anderssen said that constituents contacting him overwhelmingly favor a tax freeze. Responding to a comment from Mayor Burns, he said that it is not a matter of those constituents thinking of the services they might lose but rather that they feel overburdened by the taxes they pay. He added, however, that he did not see the problem lying with municipal taxes and suggested that taxes for public safety be exempted from any freeze. He felt that during any tax freeze, the State should restructure how education is funded. Rep. Anderssen’s comments above were, in part, responses to questions and comments made by the Mayor and several Council members. Geneva City Council Meeting November 2, 2015 1361 Mayor Burns thanked Rep. Anderssen for his willingness to appearing before the Council and answer questions forthrightly, noting that Rep. Anderssen’s colleagues could learn in that respect. Administrative Services Department Presentation Technologies Mgr. Collins gave a presentation on how to use the City’s website to one’s advantage and convenience. He discussed how to pay utility bills online, read news on local issues and view City broadcasts such as Business Beat and Officially Speaking. He detailed how residents can notify the City online of particular city-related problems requiring attention by using the website’s Request Tracker. He noted that by using the Request Tracker, messages can be routed to the proper officials and tracked for follow- up. Admin. McKittrick said that it would be preferable if Council members used the tracker function to report constituents’ complaints, explaining that past similar complaints are retained and can be checked electronically. On a question from Ald. Simonian, Mgr. Collins said that the constituent can be copied as his or her complaint is processed. AMENDMENTS TO AGENDA None 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. Singer, seconded by Ald. Seno to approve the Omnibus Agenda as presented. Roll call: AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED APPROVE MINUTES OF THE LAST REGULAR MEETING HELD OCTOBER 19, 2015 Moved by Ald. Singer, seconded by Ald. Seno to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED APPROVE REPORTS Moved by Ald. Singer, seconded by Ald. Seno to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED COUNCIL COMMITTEES Committee of the Whole November 9, 2015 at 7 p.m. OTHER ITEMS AND CORRESPONDENCE Accept 2nd Quarter Fiscal Year 2015-16 Goals Status Report as Presented Moved by Ald. Maladra, seconded by Ald. Marks to accept the 2nd Quarter Fiscal Year 2015-16 Goals Status Report as presented. Carried unanimously by voice vote. MOTION CARRIED Geneva City Council Meeting November 2, 2015 1362 Approve 2015 Estimated Tax Levy Moved by Ald. Marks, seconded by Ald. Seno to approve the 2015 estimated tax levy. Roll call: AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: General Fund $47,190.94 Cultural Arts Fund 868.83 Tourism Fund 830.00 Tri‐Com Fund 189,112.46 Mental Health Fund 236.25 SSA #1 3,671.05 General Capital Projects 341.89 Infrastructure Capital Projects 27,794.28 Electric 161,337.16 Water/Wastewater 41,213.14 Refuse 27,913.90 Commuter Parking 2,855.33 Group Dental 5,469.60 Utility Refunds 440.46 __________ Total Funds $509,275.29 Moved by Ald. Bruno, seconded by Ald. Marks that the bills be approved and vouchers prepared. Roll call: AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED COMMITTEE OF THE WHOLE ITEMS OF BUSINESS Approve Ordinance 2015-33 Amending Title 6 (Police Regulations), Chapter 2 (Miscellaneous), Section 5 (Weapons) Adding Subsection 6-2-5C (Regulation of Air Rifles) to the Geneva City Code Mayor Burns noted that the draft ordinance has been amended to include the addition of “paintball or air soft pellets” under Section 2 (ii). Moved by Ald. Marks, seconded by Ald. Cummings to approve Ord. 2015-33 amending Title 6 (Police Regulations), Chapter 2 (Miscellaneous), Section 5 (Weapons) Adding Subsection 6-2-5C (Regulation of Air Rifles) to the Geneva City Code. Ald. Singer recused himself from further participation in this item. He then left the Council Chambers. Chief Mexin provided an overview of the ordinance as amended, covering the usage and transport of air rifles. He also corrected a statement being circulated that this ordinance, if passed, would be the most restrictive in the state. He pointed out that there are many municipalities in the Chicago area that prohibit the use of air rifles entirely. He said the ordinance in its current form is the result of input from both city officials and citizens. He said the revised ordinance has reasonable restrictions and is a good compromise. Geneva City Council Meeting November 2, 2015 1363 Ald. Cummins liked the direction the development of the ordinance has taken and the results. Ald. Simonian agreed, but asked how projectile velocity would be determined by a police officer in the field. Ald. Kilburg asked for an example of how this ordinance would benefit the community and the police in doing their job. Ald. Burghart asked if Chief Mexin was satisfied with the revised ordinance. Ald. Seno also agreed with Ald. Cummins, and hoped that parents will monitor their children so that they properly use their air rifles. Chief Mexin addressed the questions. Ald. Radecki reiterated his support of the original ordinance, which banned the use of air rifles within the city limits, citing his belief that a police officer cannot safely distinguish between a firearm and an air rifle and that discharging an air rifle in one’s backyard poses a risk to those nearby. Questions and comments were then taken from the audience. Kurt Koenig, 2009 Allen Dr., felt that the revised ordinance was well done. Referring to previous discussions on this issue, Mr. Koenig still felt that it should be required that all air rifles be marked with orange barrel tips to distinguished them from firearms. He also said he spoke with the Kane County State’s Attorney’s office and was told they have never had an incident where someone marked a real firearm with orange tape to make it look like an air rifle. He also spoke of children learning gun safety through the use of air rifles. Dave Meyer, a Mill Creek resident, said the ordinance turns a toy into a weapon and can make children criminals. He asked if the Police Dept. has offered youth programs in marksmanship or firearms training. Scott Carlson, 2059 Eldorado Dr., thanked those who responded to his emailed comments regarding the ordinance. He felt that no ordinance addressing air rifles is necessary given the existence of the state regulations. He also pointed out a scrivener’s error in the ordinance. Mayor Burns said the error would be corrected. Louis Pulio, 3298 Knollwood Cir., opposed the ordinance , saying it was a stepping stone to additional bans. He did not think it would make police officers any safer. Mike Weisman, a resident of unincorporated DuPage County and Illinois State Rifle Assn. board member, said there always have been realistic-looking air guns. He questioned the language referring to air rifle usage on one’s own property, asking if a renter has the same rights as the property owner. He said that it is the parents’ responsibility to teach children proper air rifle usage. He questioned other aspects of the ordinance, saying he felt the ordinance needed additional work. Several persons from other communities who were present for this issue spoke in opposition to the ordinance. Ald. Cummings and Ald. Simonian reiterated their support of the ordinance. Ald. Bruno also supported the ordinance, but indicated he preferred the original ordinance. Atty. Radovich requested the concurrence of Ald. Marks, who made the motion, and Ald. Cummings, the second, in correcting Sec.1 (C) (2) (iii) to read “subparagraph (iii)”, the lettering sequence in Sec. 1 C (2) (ii), and other scrivener’s errors that were brought to the Council’s attention. Concurrence given. There being no further discussion, roll call: AYES: 7 (Ald. Bruno, Cummings, Kilburg, Maladra, Marks, Seno, Simonian) NAYS: 2 (Ald. Burghart, Radecki) RECUSED: 1 (Ald. Singer) MOTION CARRIED Ald. Singer returned to Council Chambers. Approve Resolution 2015-110 Declaring Water Division GMC K-2500 as Surplus Property Moved by Ald. Singer, seconded by Ald. Seno to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Geneva City Council Meeting November 2, 2015 1364 Approve Ordinance 2015-34 Amending Title 4 (Business Licensing), Ch. 2 (Liquor Control), Sections 4-2-11 and 4-2-13 Amending Class D-7 Geneva Park District License Classification Moved by Ald. Singer, seconded by Ald. Seno to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED PRESENTATION OF ORDINANCES, PETITIONS, RESOLUTIONS, AND BID AWARDS Approve Ordinance 2015-32 Establishing Special Service Area #32 (On Brentwood’s Pond Residential Subdivision) Moved by Ald. Marks, seconded by Ald. Bruno to approve Ord. 2015-32 establishing Special Service Area #32. Roll call: AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED Approve Resolution 2015-111 Urging State Leaders to Release Non-General Fund Revenues Payable to Local Governments Moved by Ald. Maladra, seconded by Ald. Bruno to approve Res. 2015-111 urging state leaders to release non-general fund revenues payable to local governments. Carried by voice vote with Ald. Simonian voting against. MOTION CARRIED NEW BUSINESS Ald. Bruno thanked the public works staff for arranging the recent trip to the Prairie State Energy Campus. The three Council members attending were Ald. Burghart, Ald. Bruno and Ald. Seno. CLOSED SESSION ON PENDING LITIGATION Moved by Ald. Marks, seconded by Ald. Singer that the Council adjourn to Closed Session. Roll call: AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED The Council adjourned to Closed Session at 9:48 p.m. Moved by Ald. Marks, seconded by Ald. Seno that the Council return to Open Session. Carried unanimously by voice vote. MOTION CARRIED The Council returned to Open Session at 10:17 p.m. ADJOURNMENT There being no further business, moved by Ald. Simonian, seconded by Ald. Seno to adjourn the Geneva City Council meeting. Carried by voice vote. The meeting adjourned at 10:18 p.m. ________________________ Lynn P. Landberg, City Clerk Geneva City Council Meeting November 2, 2015 1365