Committee of the Whole

COMMITTEE OF THE WHOLE MINUTES JULY 13, 2015 PRESENT: Mayor Burns, Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki, Simonian, Seno, Singer Staff Present: McKittrick, Dawkins, Babica, DeGroot, Lambert, Dahl, Pierce CALL TO ORDER Mayor Burns called the meeting to order at 7 pm noting all aldermen were present. SPECIAL ITEMS Recognition of Special Olympian Michelle Thompson Mayor Burns asked Ms. Thompson to lead those present in the Pledge of Allegiance. He then explained that Ms. Thompson will be participating in the Los Angeles Summer Special Olympics in rhythmic gymnastics. Mayor Burns presented a certificate of recognition as well as several City of Geneva items to Ms. Thompson. She received a standing ovation. Cultural Arts Commission Presentation on 2015 RiverPark Concert Series & Shakespeare in the Park. Cultural Arts Commissioner Vic Portincaso provided information on the RiverPark concert series and Shakespeare in the Park. He encouraged everyone to attend. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM JUNE 15, 2015 AND JUNE 22, 2015 Moved by Ald. Bruno, second by Ald. Seno V/V: 10-0 Motion carried. ITEMS OF BUSINESS a. Recommend Resolution No. 2015-82 Authorizing Execution of Fiscal Year 2014- 2015 Budget Amendments As Presented Moved by Ald. Marks, second by Ald. Simonian V/V: 10-0 Motion carried. b. Recommend Ordinance No. 2015-19 Amending Title 9, Ch. 1, Section 9-1-2 (Billing Procedures) of the Geneva City Code Moved by Ald. Marks, second by Ald. Bruno V/V: 10-0 Motion carried. c. Recommend Resolution No. 2015-83 Approving the Furnishing of Municipal Water Serve to a Residential Property Outside of the Corporate Limits of the City Without Requiring Annexation at 1927 Western Avenue Moved by Ald. Cummings, second by Ald. Maladra V/V: 10-0 Motion carried. 1 d. Recommend Resolution No. 2015-84 Authorizing Acceptance of Material Bid for the 2015 Underground Cable Replacement Project Moved by Ald. Marks, second by Ald. Kilburg V/V: 10-0 Motion carried. e. Reject Underground Cable Replacement Labor Bids and Authorize Staff to Initiate Re-bidding of Same Moved by Ald. Seno, second by Ald. Simonian V/V: 10-0 Motion carried. f. Recommend Resolution No. 2015-85 Authorizing IDOT Right-of-Way Maintenance Agreement with the State of Illinois Moved by Ald. Marks, second by Ald. Simonian V/V: 10-0 Motion carried. g. Recommend Ordinance No. 2015-20 Granting an Amendment to the Pepper Valley Planned Unit Development to Allow Sit-Down/Drive-Through Restaurants as a Special Use and a Special Use to Allow a Dunkin Donuts Sit-Down/Drive-Through Restaurant on the Property Located at 2401 Kaneville Road, Unite 12 Moved by Ald. Marks, second by Ald. Maladra. Dir. DeGroot provided background on the property, noting that the PUD includes a list of permitted and special uses, but not a sit-down or drive-through restaurant. He further noted that the applicant is proposing to upgrade the landscaping and new signage. Neighbors have expressed concern over traffic, hours and noise, resulting in the Plan Commission placing restrictions that address these issues and others. Ald. Singer expressed concerns, saying he felt that, as a courtesy, the applicant should have met with the fourth ward aldermen. He was concerned with the hours, noise at the order box, illuminated signage, and additional traffic problems. Ald. Radecki also stated concerns. Citing the original PUD, he said that the site is not suitable for the proposed use. He concurred with Ald. Singer’s comments, saying the proposed drive- through route is intended to be used as a service alley. Dir. DeGroot addressed the aldermen’s concerns. Elaine Knight, 322 Cambridge Dr., said she lives next to the location and fears that the illuminated sign would shine into her bedroom. She said that traffic is already heavy and fast on Cambridge and is a safety issue. Ben Carter, 2336 Danbury Ct., was concerned about the increased traffic, especially cars going from Cambridge onto Kaneville Rd. and the possible backup from the drive-through onto Cambridge during peak hours. He called for a more sophisticated traffic study than that taken. He also expressed concern with the potentially loud music from cars waiting in the drive- through lane. 2 Cynthia Albright, 219 S. Cambridge Dr., also was concerned about the amount of traffic during the facility’s peak hours. She questioned using the rear drive area as the drive-through lane. She did compliment the owner for the improved landscaping. Julius Spognardi, 2332 Danbury Ct., felt that the traffic would create a safety issue, especially with the proximity of schools in the area. Representing the applicants were Karim Khoja and Tom Theim, the franchisees, both from Northfield, Ill., and Steven Kolber, architect from Evanston, Ill. Mr. Khoja said that he has about 70 Dunkin Donuts franchises in the Chicago area and the typical time at one of his franchises for a drive-through customer from placing the order to receiving it is 140 seconds. He said that traffic concerns already exist and should not be blamed on his Dunkin Donuts store. He asked for a chance to meet with city officials to resolve the issues and if the issues cannot be resolved he will step away from the project. Several Council members expressed their concerns and asked questions concerning a Dunkin Donuts on that site, again focusing on traffic, hours, signage and lighting, the drive-through configuration and the overall suitability of the site for a Dunkin Donuts operation as proposed. Joe Jankovsky, owner of the property on which the Dunkin Donuts would be located, addressed the issues of traffic, lighting and noise regulation, saying he also would work with the City to address the issues of concern. Referring to the cars waiting in the drive-through line, Rebecca Carter, 2336 Danbury Ct., said she has asthma and is affected by car fumes. She also objected to the dumpster location. Ald. Simonian suggested a more scientific traffic study at the applicant’s expense. Ald. Marks called for commitment to install the porkchop intersection at Cambridge and Kaneville before he could vote in favor of this proposal. On a question from Ald. Cummings, Mr. Khoja said he cannot solve the already-existing traffic congestion at the location, but would discuss other issues with the City. He added, however, that he was not willing to invest money in the start-up only to risk being shut down in 90 days. At the request of Mayor Burns, Ald. Marks and Ald. Maladra, withdrew the original motion and moved to remand this matter back to city staff and the developer to be considered again at a later date. Roll Call: Ayes: 6 Nays: 4 Motion carried h. Recommend Resolution No. 2015-86 Amending the City’s Comprehensive Plan and Downtown Station-Area Master Plan to Change the Future Land Use Designation for the Subject Realty from “Single Family Residential” and “Single Family Attached/Row House” to “Parking” Moved by Ald. Simonian, second by Ald. Marks Elizabeth Fieweger, 502 South St., asked for landscaping on the west side of the proposed parking lot, saying that when the trees there lose their leaves in the fall, lights and activity at 3 the Metra station as well as the new parking lot will be visible from her house and the houses of others. She suggested planting evergreen trees for screening. Dir. DeGroot answered that the landscaping on the west side of the parking lot is yet to be determined. Other nearby residents calling for landscape screening were Ed Verkuilen, 502 South St., and Patricia Cameron, 428 South St. Questions and comments also were heard from Ald. Bruno, Cummings and Kilburg. V/V: 10-0 Motion carried. i. Recommend Ordinance No. 2015-21 Rezoning (Zoning Map Amendment) the Subject Realty from the R1 Low Density Single-Family Residential District and the R3 Medium to High Density Single-Family Residential District to the B3 Business District Moved by Ald. Marks, second by Ald. Seno V/V: 10-0 Motion carried. j. Recommend Ordinance No. 2015-22 Granting a Special Use for a Preliminary/Final Planned Unit Development – Corner of South Fourth and Crescent Place Moved by Ald. Singer, second by Ald. Marks V/V: 10-0 Motion carried. k. Recommend Ordinance No. 2015-23 Proposing Establishment of Special Servicea Area No. 32 and Providing for a Public Hearing and Procedures in Connection Therewith (On Brentwood Pond Subdivision) Moved by Ald. Marks, second by Ald. Cummings Dir. DeGroot explained the process underway up to this point. V/V: 10-0 Motion carried. 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 Mayor Burns stated that tonight’s discussion will focus on the opt in/opt out clause of the ordinance. He requested that Dir. DeGroot review previous discussion on this subject. Dir. DeGroot said that the 51 percent opt in/opt out proposal was rejected by the Council in favor of the zoning requirements per state statute, which require a two-thirds (supermajority) Council vote to rezone if 20 percent of the property owners object. Referring to the previous discussion regarding application requirements, Ald. Marks asks if a definition of “economic interest” had been developed. Dir. DeGroot said that in the proposed ordinance “economic interest” is defined as the applicant having to be a resident of Geneva, a property owner in Geneva, a group of residents or an association with resident membership in Geneva, or it can be initiated by the HPC with consent and authorization of the City Council. Admin. McKittrick clarified that bringing a historic district proposal to the Council before taking it to the HPC is considered a courtesy and is not in the code. 4 Discussion followed as to whether the 20 percent owner objection should stand or be lowered in order to require a supermajority approval vote. Ald. Cummings questioned if by using a lower percentage, might not a large majority of owners favoring a district be overruled by only a small number of owners. Mary Goodfellow, 1010 S. Batavia Ave., said that the homeowner should be the first and most important voice in approving or objecting to an historic application. Ald. Maladra said that it appears that the Council wants the language in the historic preservation ordinance to mirror the language of the state in establishing any other zoning district in that a 20 percent objection by property owners would require a two-thirds majority of the Council to approve. As such, Ald. Maladra stated his motion to read that the City’s historic preservation ordinance treat a historic district as any other zoning district and follow state law for the establishment thereof. Moved by Ald. Maladra, second by Ald. Bruno. Ald. Marks asked how the definition of “economic interest” as referred to in the zoning laws squares with the definition in the historic preservation ordinance if the zoning laws become the standard used in the historic preservation ordinance. Discussion then followed regarding if someone who claims an economic interest must own property in the district and, further, must live on that property. Several audience members also contributed to the discussion: Colin Campbell, 18 S. Sixth St., doubted that any “outsider” would propose a historic district in the city. He favored following the language in the zoning ordinance. Jeff James, 825 S. Batavia Ave., read from a letter from City Atty. Radovich to Council members stating that in the 1980 amendments to the National Historic Preservation Act it states that any owner(s) of private property can have that property excluded from the district through objection. Margaret Eagan, 402 Campbell St., asked how Mr. James obtained the letter from which he read. She also asked how the Historic Preservation Commission fits into the process, saying it sounds as if the HPC is not wanted. Elizabeth Safanda, 1013 Dunstan Rd., requested a copy of the letter from which Mr. James read. Mayor Burns said that he would provide her with a copy. Ald. Marks said that he supplied the letter to Mr. James but did not see any indication that the letter was confidential. John Laukaitis, 728 Richards St., supported using the zoning requirements as the historical preservation standard in terms of the 20 percent objection and the definition of economic interest. Ald. Simonian supported the use of zoning standards being applied to the historic preservation ordinance. He suggested allowing Staff to develop a definition for “economic interest.” He also wished to codify the courtesy Council review mentioned earlier by Admin. McKittrick, who then suggested having the city attorney review the code in respect to any due process violation. Ald. 5 Radecki questioned the need to codify this aspect. Ald. Maladra pointed out that the degree of economic interest is determined not by the Council but earlier on by Staff or the HPC. Ald. Burghart questioned why “economic interest” needed to be tightly defined, saying whomever proposes a historic district will have to work with the residents within that district. After additional discussion on a definition and application of economic interest, a vote was taken on the previous motion by Ald. Maladra to treat a historic district as any other zoning district and follow state law for the establishment thereof. Roll Call: Ayes: 10 Nays: 0 Motion carried. NEW BUSINESS Discussion on Historic Preservation Commission With suspension of the rules, Mayor Burns asked for discussion regarding any concerns relative to the Historic Preservation Commission. Ald. Radecki said in his opinion the makeup of the HPC is not consistent with the ordinance and that it should have a more diverse membership. He said the perception is that the HPC is made up of only preservationists. Ald. Simonian said the HPC members themselves have cited a need to work on their perception, adding that in his opinion they have made it worse. He gave examples to support that opinion. He said that it is his perception that the HPC displays a no-compromise, “us vs. them” attitude. Ald. Maladra was troubled by the idea that Staff is undermining the Council when it seeks outside opinions if Staff feels that clarification or correction is needed. He also felt that discussion concerning the HPC should address its role and function and should not involve individuals. He saw the HPC as part of the facilitation process in that it provides the Council with recommendations. Ald. Singer said he was very upset when a member of the HPC was recently critical of a Council member. Elizabeth Safanda, 1013 Dunstan Rd., said she attends most of the HPC meetings and frequently sees dissent among the members, leading her to believe there already is member diversity. She complimented the HPC on it efforts. Ald. Bruno also saw a perception problem with HPC. He felt that it would be beneficial to broadcast HPC meetings and possibly those of the other boards and commissions. Discussion followed regarding the perception of the HPC and the appointment process to the various boards and commissions. Report on Triad Senior Citizens Picnic Ald. Singer reported that the Triad organization held its annual senior citizens picnic last Saturday with an attendance of approximately 115 seniors. He thanked Joe Stanton, who was in charge of food preparation. 6 ADJOURN On a motion by Ald. Singer, second by Ald. Marks, the meeting was adjourned by unanimous voice vote at 11:33 pm. Submitted by Lynn P. Landberg, City Clerk 7