Committee of the Whole

COMMITTEE OF THE WHOLE MINUTES JUNE 15, 2015 Present: Mayor Burns, Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Simonian, Seno, Singer Staff Present: McKittrick, DeGroot, Lambert 1. CALL TO ORDER Mayor Burns called the meeting to order at 7:57pm noting all aldermen were present. Burns requested the focus remain on owner consent and district opt in/out items. He then clarified remarks he made at the last meeting noting that the State and the Ill. Historic Preservation Assn. would not be able to interject legally in the city’s proceedings regarding the proposed amendments. 2. UNFINISHED BUSINESS a. Consider Draft Ordinance Related to City-Initiated Text Amendments to the Geneva Historic Preservation Ordinance Regarding Formatting, Procedural, and Regulatory Changes to Title 3, Chapter 3 and Title 10, Chapter 6 of the Geneva City Code. Ald. Radecki read a letter from resident Catherine Johnston aloud and requested it be entered into the minutes (see Exhibit A). Ald. Maladra made comment on the issue of 51% owner opt-in for districting and did not believe this was necessary or productive as the city doesn’t require this process for similar zoning, tree preservation and believed the council did a good job of consulting with citizens and gauging public concern on items. Maladra then commented on owner consent, noting how he could see both sides of the issue and felt the council’s 2/3 majority vote on landmarking would be sufficient. Ald. Bruno stated his support for non-owner consent noting that in the 32 years it has been part of the city’s code it was only utilized one time for Riverbank Lab property. Bruno reminded all that it was only a tool to be used as a last resort. Ald. Simonian suggested that a tool of last resort should be related to delaying a demolition permit. Simonion disagreed with the ordinance language of non-owner consent. Ald. Seno made a motion to amend the ordinance to require owner consent for landmarking properties in the City. Ald. Simonian seconded the motion. Discussion on the amendment commenced. Ald. Cummings supported adding the demolition delay aspect to the requirement noting that it would alleviate fears of historic properties being lost. Mayor Burns cautioned the council on adding the demolition language, noting that it would then be required for ALL properties, not just landmark designated. COMMITTEE OF THE WHOLE MINUTES – JUNE 15, 2015 1 Ald. Burghardt was satisfied with the current proposed language on non-owner consent stating that if there is the council super-majority requirement to overturn a landmark application and felt confident the council could make an informed decision and vote if that ever came to them for consideration. On a comment by Ald. Radecki, Burghardt questioned what good the owner consent language would be if that would circumvent any council decision. Ald. Kilburg noted the 30 year history of the current language of non-owner consent and asked if it were changed, would it be any different? Comments from the audience commenced. Liz Safanda, 1013 Dunstan Road, believed that the proposed language gave the council the ultimate decision making tools, and also noted that it provided owners with many layers of protection throughout the landmarking process. Safanda referenced the Riverbank Lab item in 1999 as proof that the current and proposed language worked. Colin Campbell, 18 S. Sixth, supported the ordinance as currently presented and urged the council to continue to use it as a tool. Campbell asked the council to use their best judgement and do what the residents elected them to do. Michael Oleson, 202 N. Sixth, suggested that applicants incur all costs of landmark status process and did not support capping limit of fees involved. Margaret Egan, 402 Campbell, asked all aldermen to provide their comment and opinions on the matter. Marty Smircich, 909 S. Batavia Ave. re-stated his support for owner consent. Sandra Ellis, 209 Peyton, referred to the city’s Historic Preservation Plan, noting the language of the goals of landmarking three properties per year and also was concerned with costs associated with the application process if the owner did not consent. Ald. Bruno stated that the demolition delay aspect had some merit, but was problematic on different levels of the zoning code if it had to be applied equally to all properties in the city. Bruno also stated that buildings could be lost without demolition mentioning room additions, partial teardowns that would compromise the historic integrity of the building. Ald. Burghart stated she did not believe there were groups out there waiting to landmark buildings and circumvent all of the requirements in the ordinance. She stated her support for the ordinance as presented. Roll Call on Amendment to Require Owner Consent for Landmarking Properties: Ayes: 7 Nays: 3 Motion carried. Ald. Bruno moved, with second by Ald. Maladra, to continue the meeting to June 22, 2015 due to the late meeting time. Ayes: 4 Nays: 6 Motion defeated. Discussion on the 51% district designation commenced. COMMITTEE OF THE WHOLE MINUTES – JUNE 15, 2015 2 Ald. Cummings suggested the language be changed to ‘opt-in’ instead of ‘opt-out’ for the district creation. Moved by Ald. Cummings, second by Ald. Marks, to amend the ordinance to allow ‘opt-in’ for district creation. Ald. Bruno voiced his concern with the 51% language whether it be opt in or opt out. Bruno believes this idea is zoning by referendum and would set a precedent. Bruno strongly believed this decision was one that the council should ultimately make, with due process and citizen input prior to the council’s decision. Additional discussion on how to go about creating a district around properties that had opted out was heard. Planner Lambert noted that a thematic district could be possible in these cases, not necessarily contiguous. Due to the lateness of the meeting time, Mayor Burns suggested the meeting be continued to June 22, 2015. Motion by Ald. Bruno, second by Ald. Simonian V/V: 10-0 Motion carried. 3. NEW BUSINESS 4. UPCOMING MEETINGS • Regular Committee of the Whole on Monday, June 22, 2015 at 7pm 5. ADJOURN On a motion by Ald. Marks, second by Ald. Simonian, the meeting was adjourned by unanimous voice vote at 10:04pm. COMMITTEE OF THE WHOLE MINUTES – JUNE 15, 2015 3