City Council

GENEVA CITY COUNCIL MEETING JANUARY 19, 2016 CALL TO ORDER The January 19, 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, 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, Public Works Director Richard Babica, Economic Development Director Cathleen Tymoszenko, Community Development Director David DeGroot, Preservation Planner Michael Lambert, Finance Manager Rita Kruse. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS Accept Geneva Chamber of Commerce Annual Report Chamber President Jean Gaines and Communications Director Laura Rush reported on the promotional and advertising activities of the Chamber over the past year, made possible in part from funds received from the hotel/motel tax. Ms. Gaines also mentioned tourism grants as a funding source. While receiving funds from the State in the past, she emphasized the loss of those funds due to the dysfunction of state government. She asked the Council to treat Geneva tourism as a priority when speaking with state legislators. She also emphasized that the Chamber works with the City to avoid overlapping the three percent of hotel/motel tax received by the Chamber with that of the Economic Development Dept. She called attention to the fund distribution chart included with the information supplied to the City Council. Moved by Ald. Marks, seconded by Ald. Seno to accept the Geneva Chamber of Commerce Report. Carried unanimously by voice vote. MOTION CARRIED AMENDMENTS TO AGENDA Transpose Ord. 2016-07 and Ord. 2016-01 on Agenda On a request by Mayor Burns, moved by Ald. Marks, seconded by Ald. Bruno to amend the agenda so as to consider Ord. 2016-07 before Ord. 2016-01. Carried unanimously by voice vote. MOTION CARRIED Recognize Public Works Dept. for Receiving APWA Award Mayor Burns noted that he, Dir. Babica, Asst. City Admin. Dawkins, City Engineer Schiber, and Staff Engineer Orozco attended the American Public Works Assn. luncheon last week, where the City of Geneva was awarded a plaque from the Fox Valley Branch of the APWA Chicago Metropolitan Chapter, recognizing the Third St. parking garage as the Project of the Year for structures of less than $5 million. Mayor Burns presented the plaque to Dir. Babica, who then said a few words about the project. 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. Marks to approve the Omnibus Agenda as presented. Roll call: AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) Geneva City Council Meeting January 19, 2016 1388 NAYS: 0 MOTION CARRIED Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED APPROVE MINUTES OF THE LAST REGULAR MEETING HELD JANUARY 4, 2016 Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED APPROVE REPORTS Moved by Ald. Singer, 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 January 25, 2016 at 7:00 p.m. OTHER ITEMS AND CORRESPONDENCE None MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: General Fund $196,284.63 Cultural Arts Fund 121.64 SPAC Fund 991.80 Tourism Fund 32.47 Tri‐Com Fund 66,842.59 SSA #1 3,194.59 Debt Service Fund 450.00 Infrastructure Capital Project 171,089.34 TIF #2 51.60 Electric 2,983,692.45 Water/Wastewater 253,500.55 Refuse 15,328.84 Cemetery 3,964.41 Commuter Parking 86.92 Group Dental 8,521.10 Workers Compensation 900.00 Utility Refunds 367.27 ____________ Total Funds $3,705,420.20 Moved by Ald. Bruno, seconded by Ald. Seno 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 Geneva City Council Meeting January 19, 2016 1389 COMMITTEE OF THE WHOLE ITEMS OF BUSINESS Approve Resolution 2016-02 Authorizing Waiving of Bidding Process and Execution of an Operation and Maintenance Agreement with Land and Water Resources, Inc. for Prairie Green Wetland Bank Operation Moved by Ald. Marks, seconded by Ald. Seno to approve Res. 2016-02 authorizing waiving of the bidding process and execution of an operation and maintenance agreement with Land and Water Resources, Inc. for the Prairie Green wetland bank operation. Roll call: AYES: 9 (Ald. Bruno, Burghart, Cummings, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 1 (Ald. Kilburg) MOTION CARRIED Approve Ordinance 2016-07 Providing for the Issue of $200,000 Unlimited Ad Valorem Tax Refunding Bonds, Series 2016, of Special Service Area #1 of the City, for the Purpose of Refunding Certain Outstanding Obligations, Providing for the Levy of Taxes to Pay Said Bonds, and Authorizing the Sale of Said Bonds to the Purchaser Thereof Moved by Ald. Marks, seconded by Ald. Cummings to approve Ord. 2016-07 providing for the issue of $200,000 unlimited ad valorem tax refunding bonds, series 2016, of Special Service Area #1 of the City, for the purpose of refunding certain outstanding obligations, providing for the levy of taxes to pay said bonds, and authorizing the sale of said bonds to the purchaser thereof. Roll call: AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED Approve Ordinance 2016-01 Amending Title 3, Chapter 3 (Boards and Commissions – Historic Preservation) and Title 10, Chapter 6 (Building Regulations – Historic Preservation) All Related to Formatting, Procedural, and Regulatory Changes to the City’s Historic Preservation Regulations Moved by Ald. Marks, seconded by Ald. Bruno to approve Ord. 2016-01 amending Title 3, Chapter 3 (Boards and Commissions – Historic Preservation) and Title 10, Chapter 6 (Building Regulations – Historic Preservation) all related to formatting, procedural, and regulatory changes to the City’s historic preservation regulations. Mayor Burns called for questions and comments. Mike Olesen, 202 N. Sixth St., sought clarification on the fees, if any, incurred by a property owner who objects to the landmarking of that property. Dir. DeGroot said there would be no expense to the owner unless that owner obtained legal counsel. Ald. Burghart read a letter submitted by Sandra Ellis, 209 Peyton St. into the record (Exhibit A), in which Ms. Ellis requests that the Council consider re-inserting text to “owner objection” (10-6-6A-10) regarding “eligible for designation” and adding a sentence to the code involving Council override of an owner objection. Ald. Simonian took exception to requiring a two-thirds vote of aldermen holding office to override a landmarking objection, preferring instead a three-fourths majority. He also addressed other issues as follows: (1) returning to the 50-year requirement for landmarking, up from the designated 30 years, (2) re-examine denial of a demolition permit rather than the two-thirds Council vote to override owner objection (tool of last resort), (3) problem with proving economic hardship in that the owner might be required to produce proprietary information such as bank statements or tax returns, (4) concern with timely owner notification when a non-owner landmarking application is in the Geneva City Council Meeting January 19, 2016 1390 offing, and (5) procedure for removal of a commission member who “crosses the line.” Ald. Simonian expressed his desire to offer each of his concerns as an amendment to the ordinance being considered, but said he would wait until his remarks are addressed by the Council and audience members. Ald. Maladra wished to address Ald. Simonian’s comments in order, first by saying that (1) the Council has set the 30-year rule so that age is no more important than any of the other criteria that make a property significant, (2) that telling an owner that he or she cannot demolish a structure still raises the issue of individual interest versus community interest and does not take into account any significant changes to the structure that diminish its historic character, (3) determining economic hardship is a difficult issue but needs to be determined through documentation, which should be defined, (4) timely notification is only one issue, and should not delay consideration of the entire ordinance, and (5) if anyone has an issue with the behavior of a commission member, that issue should be brought to the attention of the commission chair and the mayor before it is brought before the Council. Regarding proof of economic hardship, Ald. Marks asked if private documents become public record once submitted. He hoped there would be some way to maintain the privacy of those documents. Atty. Radovich answered that certain elements of the documents can be redacted because they have personal identifiers, and should remain confidential even under FOIA. Ald. Bruno agreed with much of what Ald. Maladra said, adding that the attachment of an age requirement before landmarking eligibility simply avoids frivolous and hasty landmarking. Regarding timely notification, he felt that the ordinance is about as tight as the Council can regulate and that Staff is conscientious in getting aldermen involved when issues arise. Ald. Burghart wondered how detailed interior drawings had to be. In the matter of owner consent, she was under the impression that the Council would get involved only if the structure was obviously of significant historic value, and that the City should do everything it could to notify owners as quickly as possible of any landmarking intent. Preservation Planner Lambert said that drawings are intended for HPC understanding and need not be detailed nor professionally drawn. Ald. Radecki supported the 50-year rule, agreeing with Ald. Simonian that reinstituting the 30-year rule reintroduces the concept of conservation districts in a different form. Calling the number arbitrary, he pointed out that it previously was the wish of the Council to have the 50-year designation. He said he would support returning to 50 years. He supported the current method of owner notification as appropriate. He felt that issues of commission member conduct should initially be addressed by the commission chair in conjunction with the mayor. Ald. Burghart said she did not feel that by voting for the 30-year rule she was trying to reinstate a conservation district, and that a designated age requirement for property does not lessen the other landmarking requirements. Planner Lambert addressed the concept of conservation districts. Ald. Cummings said he thinks of the historic preservation ordinance as preserving properties essentially because of their significance and he is, therefore, comfortable with the 30-year requirement. Referring to Ald. Maladra’s remarks regarding dismissal of a commission member, Ald. Simonian said that if the commission chair and the mayor fail to take action, then the Council should have the authority to take action. Regarding the 30-year versus 50-year discussion, he felt that any property of historic significance will be cited for that significance regardless of its age, but said that there is a perception that the HPC “wants to take ownership of your home.” He felt that by adhering to the federal guideline of 50 years, that perception could be dispelled while achieving the same results. Geneva City Council Meeting January 19, 2016 1391 He went on to say that his proposal to use demolition denial as a tool of last resort was aimed at stopping the renegade developer who wants to demolish the property, and that a property owner should have the right to keep his or her property from being landmarked. He called attention to federal guidelines that address the owner consent issue. He said he could not support the two-thirds Council vote to override owner objection, saying that one cannot determine the makeup of future Councils. Further, he felt that economic hardship should extend to the property owner having to make alterations to the extent that those alterations would exceed the value of the property or the owner’s ability to recoup the costs or profit from the sale of that property. Regarding hardship situations, Ald. Bruno drew a distinction between economic hardship and economic feasibility. Further addressing Ald. Simonian’s remarks, Ald. Maladra spoke to perception versus reality, saying that the issue needs to be addressed so that both perception and reality coincide. Regarding demolition, he said that it is better to stay focused on the significance of the property rather than who owns it. He also addressed the efficacy of differing from national standards. He said that one should trust future Councils as representing Geneva no differently as the current Council. Mayor Burns then called for questions or comments from the audience. Marty Smircich, 909 S. Batavia Ave., said he believes that the core of the code should be for preservation and that the code should be in line with perception, that the criteria by which property is judged to be historic should be very clear, such as that in the national standards. He did not trust the criteria to override a landmarking decision as set forth in the preservation ordinance under consideration. He supported the 50-year requirement. He felt that the removal of a commission member process should be included in the code. Charles Ellenbaum, 707 Shady Ln., felt that the removal process should include a third- party investigation as well as the submission of evidence. He said that the significance of a property should take precedence over its age. He also said not having faith in future councils means not having faith in representative democracy. Ann Murtaugh, 1348 Thoria Rd., Batavia, said that it is wrong to landmark someone’s property without notification. Mayor Burns pointed out that neither the proposed ordinance nor the existing ordinance allows the Council to “do what it wants.” He said he fears that she might have received some misinformation. Elizabeth Safanda, 1013 Dunstan Rd., thanked Mayor Burns for having all Council members present for discussions on this matter. She gave the Council credit for all of the time taken on this issue. Colin Campbell, 18 S. Sixth St., said that the Council has done more than the required due diligence on this issue, and that the Council has reached a reasonable compromise. Ald. Malaldra read a statement regarding the ordinance in general, citing previous issues where residents felt that a particular development would have an adverse effect on their quality of life and an impact on their property values and rights. But said in all cases, including this issue, the Council did its research and considered the interests of all Geneva stake holders. He noted that in discussing this ordinance everyone who spoke, including those opposing it, agreed that preservation is important. He said that even so, change cannot be stopped, and that exemptions and relief are granted and that not every property thought by someone to be important can or should be preserved. He mentioned the former controversies of a second historic district and the landmarking of the property on Sunset Rd., saying that neither was a failure in the process but a failure in the people and execution of that process, for which he took partial responsibility. He said that individual interests can be completely respected while taking action on a community interest. He said that the authority contained in the proposed ordinance is similar to what it is in the existing ordinance and, if anything, the new ordinance presence a greater challenge to authorizing preservation. In conclusion, he said he believes that the proposed ordinance enables change while providing the tools to preserve something significant to the Geneva brand. Geneva City Council Meeting January 19, 2016 1392 Ald. Bruno echoed Ald. Maladra’s comments, saying that the proposed ordinance is superior to the existing one and that the public has been heard more than could have been expected. After a question from Ald. Simonian concerning National Park Service override of the National Register Program, Ald. Kilburg now called the question, seconded by Ald. Bruno on Ord. 2016-01. There being no further discussion, roll call on the main motion recommending Ord. 2016-01: AYES: 7 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki) NAYS: 3 (Ald. Seno, Simonian, Singer) MOTION CARRIED Approve Ordinance 2016-02 Amending Title 8, Chapter 1, Section 8-1-6-2 Related to Mailbox Regulations Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2016-03 Awarding Bid and Contract to Kelso Burnett Co. in the Amount of $348,000 for East Side Drive Substation Relay Upgrade Project Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2016-03 Abating the Tax Levied for GO Refunding Bonds Series 2011 (Electric System Alternate Revenues) in the Amount of $1,638,688.00 Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2016-04 Abating the Tax Levied for GO Refunding Bonds Series 2012B (Waterworks and Sewerage Alternate Revenue Source) in the Amount of $187,325.00 Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2016-05 Abating the Tax Levied for GO Bonds Series 2013 (Electric System Alternate Revenue Source) in the Amount of $178,150.00 Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2016-06 Abating the Tax Levied For GO Bonds Series 2014 (Electric System Alternate Revenues) in the Amount of $285,100.00 Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2016-04 Authorizing FY2015-16 Budget Amendments as Presented Moved by Ald. Singer, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED PRESENTATION OF ORDINANCES, PETITIONS, RESOLUTIONS, AND BID AWARDS None Geneva City Council Meeting January 19, 2016 1393 NEW BUSINESS Clarification Sought Regarding Mayor’s Appointment Authority Referring to the earlier historic preservation discussion, resident Marty Smircich asked for clarification as to the Mayor’s appointment authority with the advice and consent of the Council. Mayor Burns said that he has requested the City Attorney to clarify the issue and that the City Attorney’s opinion will be read into the record at the Jan. 25 Committee of the Whole meeting. Meeting State Rep. Fortner Re: East State St. Reconstruction Ald. Simonian reported that he and Ald. Kilburg meet with State Rep. Mike Fortner today regarding the reconstruction of East State St. and that Rep. Fortner supports the project and assured them that he will work to have the project placed on IDOT’s five- year plan. ADJOURNMENT There being no further business, moved by Ald. Marks, seconded by Ald. Seno to adjourn the Geneva City Council meeting. Carried unanimously by voice vote. The meeting adjourned at 8:53 p.m. ________________________ Lynn P. Landberg, City Clerk Geneva City Council Meeting January 19, 2016 1394 EXHIBIT A Many citizens believe that owner consent should be required for landmarking and districts, except in extraordinary circumstances where the aldermen have the authority to override owner objection/s. This model mirrors that of the National Park Service, which has the authority to override owner objections to National Register designation under extraordinary circumstances. I have requested Alderman Burghart to ask the aldermen to consider the following motion: Please understand I have repeated the exact wording presented in the most current HPC draft of Item 10-Owner Objection. The only change is re-inserting text regarding “eligible for designation” and adding one sentence to the code. 10-6-6: Historic Landmark Designation A. Procedure 10. Owner Objection. Each Owner of Record, objecting to the proposed Historic Landmark designation of its property, shall make their written protest on forms provided by the Community Development Department; completed forms shall be notarized and filed with the City Clerk at any time but not later than thirty (30) calendar days following the final adjournment of the public hearing. When fifty-one percent (51%) or more of the Owners of Record of the real estate tax parcel upon which the proposed Historic Landmark is located, as recorded with the Kane County (Illinois) Recorder, properly file an objection to designation, then the property may be determined eligible for designation but shall not be designated as a Historic Landmark. The aldermen may override the owner’s objection if the property, (or in the case of Historic District properties), parallels the same National Park Service standards for override of the National Register program. Historic Landmark designation for the nominated property may be granted by the City Council but only upon an approval vote of not less than two-thirds (2/3) of the aldermen then holding office. Thanks for your consideration and presentation of this point of view. I think we all agree that it has been enlightening! Respectfully, Sandra Ellis 209 Peyton Street Geneva Cell: 630-330-4719