Committee of the Whole

1 COMMITTEE OF THE WHOLE Monday, October 26, 2015 at 7:00pm City Hall Council Chamber 109 James Street Geneva, IL 60134 Ald. Ron Singer, Chair AGENDA 1. CALL TO ORDER 2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM OCTOBER 12, 2015. 3. ITEMS OF BUSINESS a. Recommend Draft Ordinance Amending Title 6 (Police Regulations), Chapter 2 (Miscellaneous), Section 5 (Weapons) Adding Subsection 6-2-5C (Regulation of Air Rifles). b. Recommend Draft Resolution Declaring Water Division 2000 GMC K-2500 as Surplus Property. c. Recommend Draft Ordinance Amending Title 4, Chapter 2 (Liquor Control) Amending the Class D-7 (Geneva Park District) Liquor License. 4. NEW BUSINESS 5. ADJOURNMENT 2 COMMITTEE OF THE WHOLE Monday, October 12, 2015 Present: Mayor Burns, Ald. Bruno, Kilburg, Marks, Radecki, Seno, Simonian, Singer Absent: Ald. Burghart, Cummings, Maladra Staff present: Babica, Dawkins, Kruse, Mexin, VanGyseghem 1. CALL TO ORDER Ald. Seno chaired, calling the meeting to order at 7:00 p.m. 2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM SEPTEMBER 21, 2015 and SEPTEMBER 28, 2015 Moved by Ald. Marks, seconded by Ald. Kilburg V/V: 7-0 Motion carried. 3. ITEMS OF BUSINESS a. Proclaim November 2015 as “National Adoption Awareness Month” Moved by Ald. Marks, seconded by Ald. Singer Howard Clark and J. Brian Hill announced that a concert fundraiser for adoption awareness will be held Nov. 7 at Sanctuary Church in Batavia. Mayor Burns presented the proclamation. V/V: 7-0 Motion carried Table Draft Ordinance Amending Title 6 (Police Regulations), Chapter 2 (Miscellaneous), Section 5 (Weapons) Adding Subsection 6-2-5C (Regulation of Air Rifles) In deference to those specifically attending for this item, Ald. Seno requested that it be moved forward from the end of the agenda. She then asked that it be tabled since a number of residents apparently could not access the online information regarding the draft ordinance. Moved by Ald. Marks, seconded by Ald. Simonian to table discussion until the Oct. 26 COW meeting V/V: 7-0 Motion carried. b. Recommend Approval of “Ooh La La” Chocolate Run 5K Race November 8, 2015 Moved by Ald. Bruno, seconded by Ald. Singer 3 Paul Zellmer, Zellmer Wellness Foundation, explained the purpose of the foundation and took questions. V/V: 7-0 Motion carried c. Recommend Acceptance of FY2015 Comprehensive Annual Financial Report Moved by Ald. Singer, seconded by Ald. Marks Finance Mgr. Kruse introduced Fredrick Lantz, Sikich LLP, who presented information from the FY2015 audit, including background, procedures, findings and recommendations. Ald. Simonian had several questions, which were addressed by Mr. Lantz and Asst. Admin. Dawkins V/V: 7-0 Motion carried d. Recommend Draft Resolution Authorizing City Administrator, City Treasurer and Finance Manager to Conduct Transactions Related to United States Treasury Securities Held in the Name of the City of Geneva Moved by Ald. Bruno, seconded by Ald. Simonian Ald. Simonian asked as to the nature of custodial oversight pertaining to transactions. Ald. Marks felt the resolution should be amended to state a time certain period (two years) during which transaction authorization is granted. Mgr. Kruse addressed the concerns. Amendment accepted. V/V: 7-0 Motion carried e. Recommend Draft Resolution Authorizing an Agreement for Professional Engineering Services with V3 Companies in an Amount Not to Exceed $84,500.00 for the North Seventh Street Intersection Phase I Engineering Services Moved by Ald. Simonian, seconded by Ald. Marks Questions were taken from Ald. Bruno, Singer and Simonian regarding intersection improvements and scope as well as involvement of Seventh St. extended and adjoining property. Questions were addressed by Dir. Babica. V/V: 7-0 Motion carried f. Recommend Draft Resolution Authorizing an Agreement for Professional 4 Engineering Services with Wills Burke Kelsey Associates in the Amount Not to Exceed $114,000.00 for the Kautz Road Intersection Phase 1 Engineering Services Moved by Ald. Marks, seconded by Ald. Kilburg V/V: 7-0 Motion carried g. Recommend Draft Resolution Authorizing Bid Waiver and Contract for Design of Wastewater Treatment Plant Improvements to CDM Smith in an Amount Not to Exceed $698,413.00 Moved by Ald. Kilburg, seconded by Ald. Radecki Ald. Marks was uncomfortable with a no-bid contract of this amount. Dir. Babica said that CDM Smith has worked on this project to this point and to now put the latter part of the project out for bid would cause delays, adding that Staff feels CDM Smith is the logical choice to continue with the project. Supt. VanGyseghem also emphasized the need to avoid delays. Ald. Simonian called for using the bidding process moving forward. V/V: 6-1 (Marks) Motion carried h. Recommend Resolution 2015-103 Authorizing Bid Award and Contract to Bolder Contractors, Inc. in the Amount of $506,656.00 for the Route 31 Water Main Replacement Project Moved by Ald. Marks, seconded by Ald. Singer Ald. Simonian wished to have the resolution revised to read “not to exceed” before the dollar amount. Agreed to by Dir. Babica. Ald. Kilburg wondered why the project was being started so in the construction season. V/V: 7-0 Motion carried i. Recommend Draft Resolution Authorizing Bid Award and Contract to Michels Corporation in the Amount Not to Exceed $309,900.00 for 2015 Cured-In-Place- Pipe Sewer Lining Project Moved by Ald. Marks, seconded by Ald. Singer Ald. Simonian asked if it would be more cost-effective to do this type of work in-house. Dir. Babica said that the City lacks the staff to do this type of work. Ald. Bruno and Ald. Singer sought clarification on various aspects of the work. V/V: 7-0 Motion carried j. Recommend Draft Resolution Authorizing Bid Award and Contract to Nesco Sales for Purchase of a Rear Lot Pole Digger in the Amount of $159,950.00 5 Moved by Ald. Marks, seconded by Ald. Singer Ald. Simonian asked if consideration had been given to leasing or renting instead of purchasing this equipment. Explaining that this type of equipment usually is needed in a storm-related emergency situation, Dir. Babica said that he would be concerned about the rental availability of the equipment when it was needed, having properly trained and certified operators, and the safe condition of the rented equipment. He did say that renting out the equipment to sister agencies under a mutual-aid agreement might be viable. V/V: 7-0 Motion carried 4. NEW BUSINESS Ald. Simonian wished Joe Stanton well in his recovery following recent surgery. 5. ADJOURNMENT Moved by Ald. Simonian, seconded by Ald. Marks V/V: 7-0 Motion carried The meeting adjourned at 8:24 p.m. Submitted by City Clerk Landberg 6 AGENDA ITEM EXECUTIVE SUMMARY Ordinance Amending Title 6 (Police Regulations), Ch. 2 Agenda Item: (Miscellaneous), Section 5 (Weapons) by adding one new subsection (6-2-5C). Presenter & Title: Steve Mexin, Chief of Police Date: October 12th, 2015 - TABLED TO OCTOBER 26, 2015 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - N/A YES Estimated Cost: None Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: This amendment to Title 6, Chapter 2, Section 5 of Geneva’s Municipal Code is being recommended to provide reasonable regulations on the lawful possession and discharge of air rifles within the City of Geneva. See the attached draft ordinance for the regulations that would apply. Attachments: (please list) • Draft ordinance Recommendation / Suggested Action: (briefly explain) Staff respectfully recommends the approval of the ordinance amendment referenced above. 7 Ordinance No. 2015 _ An Ordinance Amending Title 6 (Police Regulations), Chapter 2 (Miscellaneous Offense), Section 5 (Weapons) of the Geneva City Code (Air Rifles) It is hereby ordained by the city council of the City of Geneva, Kane County, Illinois, as follows: Section 1. That the Geneva City Code, Title 6 (Police Regulations), Chapter 2 (Miscellaneous Offense), Section 5 (Weapons) is hereby modified by adding the following as Paragraph C thereof: “C. (1) Definitions: "Air rifle" means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm. "Indoor or outdoor rifle range" shall be defined as an area fully within the confines of a person’s real property, or on the real property of another person in which the permission of the property owner is obtained, where the shooting impact area is equipped with a suitable projectile trap and/or backdrop so as to prevent air rifle projectiles from leaving the real property or otherwise becoming a safety hazard to people or property. (2) It shall be unlawful for any person to discharge any air rifle within the corporate limits of the City of Geneva, provided, that: (i) a person may possess an air rifle within the structural confines of the person’s own residence or within the structural confines of another person’s residence with the property owner’s express consent, or (ii) a person may discharge an air rifle within the real property boundaries of the person’s personal residence or within the real property boundaries of another person’s residence with the property owner’s express consent, if the air rifle (a) expels a single BB, pellet or globular projectile that is less than 0.18 inch in diameter; (b) has a maximum muzzle velocity not exceeding seven hundred feet (700') per second; (c) is fired, discharged or operated in such a manner as not to endanger persons or property; and (d) is discharged in a manner that prevents its projectile from passing outside the boundary limits of the person’s personal residence, or 8 (iii) a person may possess an air rifle if he/she is a duly enrolled member of any school, club, team, society or government entity for educational purposes in which the discharge of the air rifle is solely for target practice and in connection with the activities of said school, club, team, society or governmental entity. Use of an air rifle under this subparagraph (ii) shall be conducted in an indoor or outdoor rifle range approved by the Geneva Police Department. (3) Carrying or Discharging On Public Streets: It shall be unlawful for any person to carry any loaded air rifle on the public streets, roads, highways, or public lands within the City; provided, however, a person may transport an air rifle (i) that is unloaded and in a carrying case on any public streets, roads, highways, or public lands within the city, or (ii) if the person possesses a valid Illinois concealed carry license in accordance with the Illinois Firearm Concealed Carry Act. (4) Carrying or storing in a motor vehicle: It shall be unlawful for a person to carry an air rifle in a motor vehicle unless (i) the air rifle is unloaded and broken down in a nonfunctioning state or (ii) the air rifle is unloaded and not immediately accessible or (iii) unloaded and enclosed in a case. This provision shall be interpreted in accordance with Paragraph 24-1(a)[Unlawful Use of weapons] of the Illinois Criminal Code of 2012 [720 Illinois Compiled Statutes 5/24-1(a) (2014)]. Section 2. The provisions of the Geneva City Code, except as amended by this Ordinance, shall remain in full force and effect. Section 3. This Ordinance shall become effective from and after its passage as in accordance with law. Publication of this Ordinance shall be made in pamphlet form. Passed by the City Council of the City of Geneva, Kane County, Illinois this __ day of October, 2015. Ayes: __ Nays: __ Absent:__ Abstaining:__ Holding office: 10 Approved by me as Mayor of the City of Geneva, Kane County, Illinois is ___ day of October, 2015. _________________________ Mayor Attest: _____________________________City Clerk 9 AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Declare 2000 GMC K-2500 as Surplus Presenter & Title: Rich Babica. Public Works Director Date: 10/16/15 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The Water Treatment Plant purchased a replacement for G-102 in 2012. The replaced vehicle was kept as a spare plow truck. Due to its condition staff needs the Geneva City Council to declare the 2000 GMC K-2500 as surplus so it can be sold. Attachments: (please list)  Resolution Recommendation / Suggested Action: (briefly explain) City Staff recommends the Geneva City Council declare the 2000 GMC K-2500 as surplus. 10 RESOLUTION NO. 2015_-__ RESOLUTION AUTHORIZING EXECUTION OF Declaration of a 2000 GMC K-2500 as surplus. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of the City of Geneva, the declaration of a 2000 GMC K-2500 as surplus. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of _________, 2015 AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this ____ day of __________, 2015. Mayor ATTEST: City Clerk 11 AGENDA ITEM EXECUTIVE SUMMARY Consider Draft Ordinance Amending Title 4, Ch. 2 (Liquor Control) Amending Section 4-2-11 (Classifications) and 4-2-13 Agenda Item: (Fees and Number of Licenses – Amend Geneva Park District Class D-7 Liquor License Presenter & Title: Mary McKittrick, City Administrator Date: October 21, 2015 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: n/a Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The Geneva Park District has requested an amendment to their liquor license classification to allow for sale and service of alcohol at Playhouse 38 located at 524 W. State Street. The amendment allows service/sale at a leased premises and incorporates a yearly license fee. Attachments: (please list) • Draft ordinance Recommendation / Suggested Action: (briefly explain) City Staff recommends approval of the draft ordinance as presented. 12 DRAFT ORDINANCE NO. 2015-XX AN ORDINANCE AMENDING TITLE 4 (BUSINESS & LICENSE REGULATIONS), CHAPTER 2 (LIQUOR CONTROL), SECTION 4-2-11 (Classifications) and 4-2-13 (Fees and Number of Licenses) OF THE GENEVA CITY CODE [AMEND THE PARK DISTRICT CLASS D-7 LIQUOR LICENSE] ______________________________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That Section 4-2-11 of Chapter 2 (Liquor Control) of Title 4 of the Geneva City Code be and the same is hereby amended by deleted Class D-7 Description and substituting therefor, instanter, the following Description: Class D-7 Park District license shall authorize the retail sale of alcoholic liquors for service and consumption of alcoholic beverages on all park district-owned premises within enclosed structures only, as well as in the leased premise at 524 W. State Street for the purposes of adult theater events only within that space. There is a fee of $700 required with the initial issuance of a Class D-7 and $500 annual renewal fee. The Class D-7 license shall entitle the Geneva Park District, as licensee, to serve alcoholic beverages for consumption on property by the licensee as follows: 1. The service and consumption of alcoholic beverages at park district-owned properties shall be on the premises only and shall be served and consumed within a fully enclosed structure. 2. The service and consumption of alcoholic beverages at park district-owned properties shall not be prior to noon, nor later than midnight, and service and consumption of said beverages shall be permitted only on Fridays, Saturdays and Sundays. 3. The service and consumption of alcoholic beverages at the 524 W. State Street location shall only take place on days when adult theater events are taking place on the licensed premises and from one (1) permanent location within the licensed premises. 13 SECTION 2: That Section 4-2-13 (License Fees and Number) of Chapter 2 of Title 4 the Geneva City Code be and the same is hereby amended by adding the following fees: Initial Renewal D-7 Geneva Park District 1 $700 $500 SECTION 3: That Chapter 4 of the Geneva Municipal Code as heretofore and hereinabove amended shall otherwise remain in full force and effect. SECTION 4: This Ordinance shall become effective from and after its passage as in accordance with law. Publication is approved to be in pamphlet form. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of _______________, 2015. AYES:___ NAYS:___ ABSENT:___ ABSTAINING:___ HOLDING OFFICE: 10 APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this ____ day of ____________________, 2015. ______________________________ Mayor ATTEST: ______________________________ City Clerk