City Council

GENEVA CITY COUNCIL MEETING JANUARY 4, 2016 CALL TO ORDER The January 4, 2016 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, Dean Kilburg (via teleconference), Craig Maladra, Richard Marks, Jim Radecki, Mary Seno, Tom Simonian, Ron Singer. Aldermen absent: Don Cummings, Mary Seno. 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. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS None 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. Marks, seconded by Ald. Bruno to approve the Omnibus Agenda as presented. Roll call: AYES: 8 (Ald. Bruno, Burghart, Kilburg, Maladra, Marks, Radecki, Simonian, Singer) NAYS: 0 MOTION CARRIED APPROVE MINUTES OF THE SPECIAL MEETING HELD DECEMBER 14, 2015 AND REGULAR MEETING HELD DECEMBER 21, 2015 Moved by Ald. Marks, seconded by Ald. Bruno to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED APPROVE REPORTS None COUNCIL COMMITTEES Committee of the Whole January 11, 2016 at 6:30 p.m. OTHER ITEMS AND CORRESPONDENCE None MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: General Fund $95,684.04 Cultural Arts Fund 1,675.12 SPAC Fund 234.21 Geneva City Council Meeting January 4, 2016 1384 Tourism Fund 550.00 Tri‐Com Fund 40,768.73 SSA #1 3,567.00 SSA #16 7,589.16 Infrastructure Capital Projects 221,107.00 Electric 162,602.92 Water/Wastewater 453,651.78 Refuse 66.45 Commuter Parking 5,644.67 Group Dental 2,416.40 Utility Refunds 249.41 __________ Total Funds $995,806.89 Moved by Ald. Bruno, seconded by Ald. Marks that the bills be approved and vouchers prepared. Roll call: AYES: 8 (Ald. Bruno, Burghart, Kilburg, Maladra, Marks, Radecki, Simonian, Singer) NAYS: 0 MOTION CARRIED COMMITTEE OF THE WHOLE ITEMS OF BUSINESS None PRESENTATION OF ORDINANCES, PETITIONS, RESOLUTIONS, AND BID AWARDS Approve Resolution 2016-01 Authorizing Execution of PACE/Ride In Kane JARC Agreement Effective January 2016 through January 2018 Subject to Budget Approval Moved by Ald. Bruno, seconded by Ald. Singer to approve Res. 2016-01 authorizing execution of the PACE/Ride In Kane JARC agreement effective January 2016 through January 2018 subject to budget approval. Roll call: AYES: 8 (Ald. Bruno, Burghart, Kilburg, Maladra, Marks, Radecki, Simonian, Singer) NAYS: 0 MOTION CARRIED NEW BUSINESS Discussion on Ill. Dept. of Public Health / Plumbing Code Dir. Babica explained that the now-completed First St. water main installation was temporarily shut down on Nov. 22 by an inspector from the Illinois Dept. of Public Health for lack of a certified licensed plumber on site to make or inspect the water taps where the service lines connected to the water main. Dir. Babica said that while it is generally accepted that city water distribution service extends to the buffalo box, the inspector insisted that the service line extends to and includes the tap into the city water main. The City is now seeking a clear definition from the IEPA as to what constitutes the water distribution line and what constitutes the service line. The IEPA deferred to the Dept. of Public Health, which supports its inspector’s actions. Dir. Babica further explained that, with the exception of the City of St. Charles, no other agency or engineering group contacted by the City accepts this definition of what constitutes a service line and a distribution line. He added that it would cost the City the prevailing wage of $75 per hour to have a plumber on site to certify the work. He asked that Council members contact local state representatives and work with his office to develop a clear definition of a service line and a distribution line. Ald. Maladra Geneva City Council Meeting January 4, 2016 1385 and Ald. Burghart wonder if this was simply one person’s interpretation of the regulations, or indicative of a shift in State policy toward local government. Further clarification was sought by the Council regarding specifics of the citation issued by the inspector. Admin. McKittrick characterized the possible requirement of having a licensed plumber on site as another unfunded mandate by the State at taxpayers’ expense. She noted that previously in dealing with statutory requirements, the City, sometimes through MetroWest, had worked with a state legislator in sponsoring amendments to legislation. She suggested possibly forming a task force to investigate the current situation and have a state legislator work with the City in writing an amendment to the state statute that would clarify the issue and remove any imposition on municipalities with regard to unfunded mandates. Ald. Simonian wondered if it was being premature to take action, given that this situation seems to be an isolated incident. Dir. Babica answered that this is why the City is seeking clarification in order to avoid future fines. Consensus was to draft a letter seeking clarification, signed by all of the Council members and directed to the appropriate parties. Mayor Burns wished it noted that, in a letter from residents, the City’s Elton Orozco, engineer overseeing the project, received accolades for his communications and project management. Discussion on Legislative Initiatives on East State Street Related to IDOT Capital Plan Dir. Babica explained that, over the past five or six years, the City has been pursuing the reconstruction of East State St. from the Fox River almost to Kirk Rd. Since the project is not part of IDOT’s long-term capital improvement plan, IDOT has told the City that to be added to the plan the project needs to be lucrative to IDOT as a funded project. He said the overall cost of the project is estimated at $19.2 million. The City has committed to funding the phase I conceptual design at just over $250,000 (completed and paid for), and committed to phase II actual design and specifications at just under $1 million. The City has secured grant funds totaling $8.25 million. In addition, he said that an additional $2 million from KKCOM is available but not awarded because the project is not included within the IDOT multi-year program. Dir. Babica requested that all Council members specifically contact four area state legislators (Rep. Anderson, Rep. Wheeler, Rep. Fortner, Sen. Oberweis), seeking their advocacy for this project. He emphasized that funding is time-sensitive. Admin. McKittrick noted that Sen. McConnaughay sits on the legislative transportation committee and also should be contacted. Mayor Burns felt the most effective way to gain the legislators’ attention was to visit them in person. Ald. Marks suggested dividing the Council into groups of two or three and visit each of the legislators mentioned. His suggestion was acceptable to the Council members, groups were formed and strategy discussed. Discussion on Internet Sales Tax Dir. Tymoszenko discussed the proposed E-Fairness legislation, which would require collection of taxes on internet sales. She said that internet sales impact local sales taxes and threaten local merchants who have to compete with online sales, adding that this is a topic that frequently comes up when talking to the merchants. She said the City should monitor the progress of legislative efforts regarding E-Fairness and look for opportunities to become involved. Recognizing that this matter will continue for some time into the future, Mayor Burns suggested having some Council members develop expertise in this area and keep the Council and others apprised of developments. Ald. Bruno and Ald. Maladra offered to look into the subject. Admin. McKittrick noted that the federal government will not take action until the states participate in the Streamlined Sales Tax Project. Geneva City Council Meeting January 4, 2016 1386 Discussion on Gov. Rauner’s Proposed Property Tax Freeze Legislation Admin. McKittrick said that Mayor Burns and others have met with Gov. Rauner and his staff, pointing out that a property tax freeze would have no effect on the state budget. The governor, however, continues to support a tax freeze. She called the governor’s position an issue of the State attempting to control local government, adding that local officials should make local taxing decisions. She felt that the governor’s position is aimed at school districts, but unfortunately encompasses municipal governments as well. Ald. Radecki mentioned the governor’s proposal to consolidate certain local levels of government. Ald. Maladra agreed, saying he feels that taxpayers do not object to paying a dollar in taxes when they see a dollar in value being returned, but the state is making it difficult to maintain fiscal responsibility at the local level. Ald. Radecki, however, felt that taxpayers see a statewide tax freeze as reining in school spending at the local level. Admin. McKittrick brought up the problematic issue of reduced state distributive funds coupled with a tax freeze. She also emphasized the need for constituents to understand this issue and that lack of tax revenue leads to reduced services. Discussion followed regarding state intervention into local government. ADJOURNMENT There being no further business, moved by Ald. Simonian, seconded by Ald. Marks to adjourn the Geneva City Council meeting. Carried unanimously by voice vote. The meeting adjourned at 8:36 p.m. ________________________ Lynn P. Landberg, City Clerk Geneva City Council Meeting January 4, 2016 1387