City Council

GENEVA CITY COUNCIL MEETING AUGUST 1, 2016 CALL TO ORDER The August 1, 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, Don Cummings, Dean Kilburg, Craig Maladra, Richard Marks, Jim Radecki, Mary Seno, Tom Simonian, Ron Singer. Aldermen absent: Tara Burghart. Also attending: City Atty. Charles Radovich, City Administrator Stephanie Dawkins, Human Resources Manager Lisa Jepson. PLEDGE OF ALLEGIANCE Led by Mike and Eileen Kanute, parents of Ben Kanute. PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS Recognize 2016 US Olympic Triathlete and Genevan Ben Kanute and Family Mayor Burns introduced Triathlete Ben Kanute’s parents, Ben being in Arizona training for the Olympics. Ben, however, was available via speaker phone. Mayor Burns provided background on Ben’s previous athletic accomplishments. The Mayor said that a City of Geneva flag will be signed by Geneva citizens and presented to Mr. and Mrs. Kanute, who will give it to their son at the Rio Olympics. Also, a commemorative street sign was unveiled. Ben spoke to those present from the championship MMTT Youth Triathlon Team. Ben was given several rounds of applause during the recognition. CLOSED SESSION ON PENDING LITIGATION Moved by Ald. Singer, seconded by Ald. Seno that the Council adjourn to Closed Session. Roll call: AYES: 9 (Ald. Bruno, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED The Council adjourned to Closed Session at 7:14 p.m. Moved by Ald. Marks, seconded by Ald. Seno that the Council return to Open Session. Roll call: AYES: 9 (Ald. Bruno, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED The Council returned to Open Session at 7:40 p.m. 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. Ald. Radecki requested that item 11f (Res. 2016-66) be removed for separate Geneva City Council Meeting August 1, 2016 1504 consideration. Moved by Ald. Bruno, seconded by Ald. Singer to approve the Omnibus Agenda as amended. Roll call: AYES: 9 (Ald. Bruno, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED APPROVE MINUTES OF THE LAST REGULAR MEETING HELD JULY 18, 2016 Moved by Ald. Bruno, seconded by Ald. Singer to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED APPROVE REPORTS Moved by Ald. Bruno, seconded by Ald. Singer to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED COUNCIL COMMITTEES Committee of the Whole August 8, 2016 at 7 p.m. OTHER ITEMS AND CORRESPONDENCE Accept FY2016-17 1st Quarter Goals Report Moved by Ald. Seno, seconded by Ald. Singer to accept the FY2016-17 1st Quarter Goals Report. Carried unanimously by voice vote. MOTION CARRIED MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: General Fund $47,648.05 Cultural Arts Fund 50.00 Tourism Fund 200.00 Tri‐Com Fund 68,842.44 Mental Health Fund 157.50 SSA #1 31,098.25 SSA #11 8,900.00 SSA #16 7,562.50 General Capital Projects 3,797.46 Infrastructure Capital Projects 210,709.77 Capital Equipment 21,998.00 Electric 75,056.88 Water/Wastewater 398,838.08 Refuse 20,910.13 Cemetery 2,450.00 Commuter Parking 3,985.10 Group Dental 10,866.50 Utility Refunds 243.65 __________ Total Funds $913,314.31 Moved by Ald. Bruno, seconded by Ald. Seno that the bills be approved and vouchers prepared. Roll call: AYES: 9 (Ald. Bruno, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Simonian, Singer) NAYS: 0 MOTION CARRIED Geneva City Council Meeting August 1, 2016 1505 COMMITTEE OF THE WHOLE ITEMS OF BUSINESS Approve Resolution 2016-65 Approving a Payment in Lieu of Required Parking for the Gia Mia Pizza Bar located at 13 N. 3rd Street Moved by Ald. Cummings, seconded by Ald. Marks to approve Res. 2016-65 approving a payment in lieu of required parking for the Gia Mia Pizza Bar located at 13 N. 3rd St. Noting that he voted against this resolution at the July 25 COW meeting, Ald. Simonian made a motion to amend Res. 2016-65, extending the $30,000 payment period from three years to five years with equal annual payments and requiring a personal guarantee by the owner, and if the business fails, the parking spaces occupied by the outdoor dining area would be returned to the City in their original condition. Amendment seconded by Ald. Singer. Ald. Simonian emphasized that he fully supported the proposal to install an outdoor dining area, but felt strongly that a personal guarantee was essential. Atty. Radovich clarified that the agreement with Gia Mia to make the $30,000 payment in lieu of parking spaces does not extend to any future business. Also, the payments to be made will be done so over two years since $10,000 will have been paid prior to issuance of the occupancy permit for the outdoor dining area. Discussion followed regarding the reclamation of the three parking spaces should the current owner default on the payments. Atty. Radovich said the new owner would have to pay off the $30,000 or restore the area to parking. Atty. Kate McCracken, representing the current owner, said that her client intends to fully cooperate with whatever the Council requires and that the City assumes no liability. Mayor Burns addressed the City’s desire to be business-friendly and help businesses grow. Ald. Simonian reiterated his support of business, but stated his desire to put in a safety net. Ald. Maladra did not see a downside for the City, but rather felt the outdoor patio area would be beneficial. Ald. Bruno saw the original agreement as being business friendly. Ald. Cummings felt there was little risk to the City with the original agreement, as did Ald. Kilburg. Ald. Simonian felt this resolution would set a precedent for future similar agreements. Atty. Radovich said that this is an expedited situation because of the seasonal nature of outside dining, but agreed that the code might need some adjustment. Vote on the amendment After further brief discussion, roll call on the amendment: AYES: 3 (Ald. Marks, Simonian, Singer) NAYS: 6 (Ald. Bruno, Cummings, Kilburg, Maladra, Radecki, Seno) MOTION FAILS Vote on the original motion AYES: 8 (Ald. Bruno, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Singer) NAYS: 1 (Ald. Simonian) MOTION CARRIED Approve Resolution 2016-64 Awarding Bid and Contract to SAK Construction, LLC in an Amount Not to Exceed $200,000 for Sanitary Sewer Lining Project Moved by Ald. Bruno, seconded by Ald. Singer to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Geneva City Council Meeting August 1, 2016 1506 Approve Ordinance 2016-31 Amending Title 4 (Business and License Regulation), Ch. 2 (Liquor Control) Section 4-2-13 (License Fees and Number) Adding One (1) Class C-1 Liquor License – The Grandstander at 507 S. Third St. Moved by Ald. Bruno, seconded by Ald. Singer to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2016-32 Amending Title 4 (Business and License Regulation), Ch. 2 (Liquor Control) Section 4-2-13 (License Fees and Number) Adding One (1) Class C-3 Liquor License – Caboose 64, Inc. at 300 Crescent Place Moved by Ald. Bruno, seconded by Ald. Singer to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Ordinance 2016-33 Amending Title 4 (Business and License Regulation) Ch. 2 (Liquor Control) Section 4-2-13 (License Fees and Number) Adding One (1) Class A-2 Liquor License – 7-Eleven at 1105 Randall Ct. Moved by Ald. Bruno, seconded by Ald. Singer to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2016-66 Recommending Preliminary/Final Plat of Subdivision Approval for Woodland Subdivision Located at the Southwest Corner of Ray Street and S. Batavia Avenue Having removed this item from the Omnibus Agenda, Ald. Radecki now recused himself. He left Council Chambers prior to any discussion or vote. Roll call: AYES: 8 (Ald. Bruno, Cummings, Kilburg, Maladra, Marks, Seno, Simonian, Singer) NAYS: 0 RECUSE: 1 (Ald. Radecki) MOTION CARRIED Approve Ordinance 2016-34 Amending the Fisher Farms Planned Unit Development (Ord. 96-27) to Allow Electronic Signage for the Geneva Commons Bell Tower – Mid America Asset Management Moved by Ald. Bruno, seconded by Ald. Singer to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED Approve Resolution 2016-67 Amending Final Planned Unit Development Plan Approval (Res. 2001-23) for a Portion of the Geneva Commons Shopping Center – Mid-America Asset Management Moved by Ald. Bruno, seconded by Ald. Singer to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED PRESENTATION OF ORDINANCES, PETITIONS, RESOLUTIONS, AND BID AWARDS None NEW BUSINESS None Geneva City Council Meeting August 1, 2016 1507 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 8:14 p.m. ________________________ Lynn P. Landberg, City Clerk Geneva City Council Meeting August 1, 2016 1508