Geneva City Council met Tuesday, Feb. 21.
Here are the minutes as provided by Geneva:
GENEVA CITY COUNCIL MEETING FEBRUARY 21, 2017
CALL TO ORDER
The February 21, 2017 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 (arr. 7:09), Tom Simonian, Ron Singer. Aldermen absent: None. Also attending: City Atty. Charles Radovich, City Administrator Stephanie Dawkins, Public Works Director Richard Babica, Economic Development Director Cathleen Tymoszenko, Community Development Director David DeGroot.
Recognition of Former City Employee’s Passing
Prior to beginning the meeting, Mayor Burns called attention to the recent passing of Kenneth Sandquist, retired city employee. The Mayor pointed out that Mr. Sandquist served 40 years in the water department, making him the City’s longest serving employee. He extended condolences to Mr. Sandquist’s family.
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS
Presentation by IN2@IMSA
Mayor Burns introduced Britta McKenna, chief innovations coordinator for the Illinois Mathematics and Science Academy (IMSA). Ms. McKenna acquainted the Council with the new innovation center (IN2) at IMSA, which will fully open at the end of March. She explained that IN2 is designed to link communities such as Geneva with Fox Valley, Chicago and international innovators and entrepreneurs through IMSA’s nearly 3,000 alumni. She detailed existing IN2 programs, some of which involved GHS students. Also, she issued an invitation to tour IMSA facilities. Question and comments were then taken from the Council.
Proclamation Celebrating 50th Anniversary of Fermilab
Mayor Burns introduced Katie Yurkewicz, Fermilab communications director, and Hema Ramamoorthi, Fermilab directorate chief of staff. Ms. Yurkewicz said that Fermilab will be celebrating its fiftieth anniversary throughout 2017, culminating on Sept. 23 with a large public open house. As a member of Fermilab’s community advisory board, Ald. Kilburg spoke of Fermilab as a resource to the surrounding area. He encouraged everyone to take advantage of the opportunities that Fermilab presents. Ald. Bruno stressed Fermilab’s economic benefits to the area.
Moved by Ald. Marks, seconded by Ald. Bruno to proclaim celebrating the fiftieth anniversary of Fermilab. Carried unanimously by voice vote. MOTION CARRIED
Mayor Burns presented a copy of the proclamation to Ms. Yurkewicz and Ms. Ramamoorthi.
Chamber of Commerce Annual Report Presentation
Jean Gaines, Chamber president, introduced Chamber staff, board members and Chamber members present. Several board members then presented aspects of the advertising and promotional efforts made possible with funds from the city’s hotel tax. Susan Huang, Fox Valley eValues and Deals, began the audio/visual presentation by discussing the impact of tourism dollars on Illinois communities, citing statewide statistics. She then applied the extended impact to Geneva. Continuing, she discussed the Chamber’s advertising efforts and how it brands Geneva as a tourism destination.Jesse Mercado, The Herrington Inn & Spa, addressed the Chamber’s promotional efforts as it applies to local restaurants and hotels. He detailed The Herrington’s participation in Restaurant Week, saying the event boosts Atwater’s sales by 25 to 30 percent. He also said that the various Chamber events and festivals increase hotel occupancy.
The Little Traveler’s Mike Simon covered Geneva’s festivals, saying he finds in his travels that awareness of these festivals is growing thanks to advertising. Finally, he cited the cooperation between the City and Chamber in staging successful festivals.
Lisa Nelson, Carlson’s Flooring, addressed co-op advertising with other community members of the Fox River Co-Op. She mentioned some of the larger advertising and promotional efforts made possible by combining advertising dollars with other tourism groups.
Jean Gaines summed up by noting the lack of State funding, forcing advertising cutbacks. She also said neighboring chambers receive more hotel tax funds than does the Geneva Chamber and mentioned ways the Geneva Chamber has had to adjust. She then took questions and comments.
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. Simonian requested that item 11j (Ord. 2017-03) be removed. Moved by Ald. Bruno, seconded by Ald. Marks to approve the Omnibus Agenda as amended. Roll call:
AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki,
Seno, Simonian, Singer)
NAYS: 0 MOTION CARRIED
APPROVE MINUTES OF THE LAST REGULAR MEETING HELD FEBRUARY 6, 2017
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED
APPROVE REPORTS
Moved by Ald. Bruno, 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 February 27, 2017 at 7 p.m.
OTHER ITEMS AND CORRESPONDENCE
Approve Acceptance of FY2017 3rd Quarter Goals Status Report
Moved by Ald. Marks, seconded by Ald. Seno to approve acceptance of FY2017 3rd Quarter Goals Status Report. Carried unanimously by voice vote MOTION CARRIED
MUNICIPAL BILLS FOR PAYMENT
The following bills were presented for payment:
General Fund $175,624.53 Cultural Arts Fund 247.12 SPAC Fund 106.95 Tourism Fund 3,000.00 Restricted Police Fines 113.02 Tri‐Com Fund 61,633.50 SSA #1 1,383.81 Debt Service Fund 922,000.00 Infrastructure Capital Projects 16,458.00 Capital Equipment 305.36 Electric 2,593,232.62 Water/Wastewater 172,071.38 Refuse 72.50 Cemetery 4,595.50 Commuter Parking 1,514.52 Group Dental 6,298.60 Workers Compensation 900.00 Utility Refunds 131.12 ____________ Total Funds $3,959,688.53
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
COMMITTEE OF THE WHOLE ITEMS OF BUSINESS
Approve Ordinance 2017-04 Authorizing Sixteenth Restatement of Ordinance 2003-33 for Construction of a 22,471 Sq. Ft. Family Residency Clinic Located at 298 S. Randall Road. (The Delnor – Community Planned Unit Development)
Ald. Seno wished to recuse herself from discussion or voting on this item. She then left the Council Chambers as required.
Moved by Ald. Singer, seconded by Ald. Marks to approve Ord. 2017-04 authorizing the sixteenth restatement of Ord. 2003-33 for the construction of a 22,471 sq. ft. family residency clinic located at 298 S. Randall Rd. in the Delnor – Community Planned Unit Development. Roll call:
AYES: 9 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki,
Simonian, Singer)
NAYS: 0
RECUSE: 1 (Ald. Seno) MOTION CARRIED
Following the vote, Ald. Seno returned to her seat on the Council.
Approve Resolution 2017-09 Approving Cash Contributions to the Geneva Park District and Geneva School District in Lieu of Land – Fargo Enterprises, LLC
Moved by Ald. Marks, seconded by Ald. Seno to approve Res. 2017-09 approving cash contributions to the Geneva Park Dist. and Geneva School Dist. in lieu of land for Fargo Enterprises, LLC.
Atty. Radovich stated per Sec. 12-4-5-5 of the City Code (Subdivision Regulations: Criteria for requiring cash contributions in lieu of land) that this item requires a two-thirds vote of the aldermen holding office (seven affirmative votes) for approval. Roll call:
AYES: 9 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki,
Seno, Singer)
NAYS: 0
ABSTAIN: 1 (Ald. Simonian) MOTION CARRIED
Approve Resolution 2017-10 Approving a Preliminary/Final Plat of Subdivision for Stanton Subdivision – Fargo Enterprises, LLC
Moved by Ald. Singer, seconded by Ald. Marks to approve Res. 2017-10 approving a preliminary/final Plat of Subdivision for Stanton Subdivision for Fargo Enterprises, LLC.
Ald. Simonian read a statement referencing the Feb. 13 COW meeting where he voted “present” once and abstained twice on items concerning the Stanton Subdivision. At the time, Mayor Burns stated that the votes would be counted with the majority. Subsequently, a newspaper article referenced Mayor Burns as saying Ald. Simonian committed and ethical breach by not recusing himself on the three items because of his business relationship with the developer.
Ald. Simonian took exception to the Mayor’s comments and read an opinion from his attorney stating that he did not commit an ethics violation by not recusing himself and that his votes should not count with the majority or minority. Ald. Simonian requested that his comments, his attorney’s opinion, and the newspaper article be entered into the record (Exhibit A).
Ald. Simonian also said he would abstain tonight on the two items pertaining to the Stanton Subdivision and requested that his COW votes be removed as votes with the majority and registered as a “present” vote and abstention votes. Further, he requested that his abstention votes this evening be listed as such and not with the majority. He also hoped that the Mayor would apologize and that the reporter would write a follow-up article stating that the Mayor’s allegations of an ethics violation was a mistake.
Ald. Bruno asked if it is accurate that the City has always required sidewalks in a subdivision. Dir. DeGroot was not sure if that was always the case but said that the current requirement is for sidewalks in all subdivision unless waived by the City Council.
Saying that a number of citizens have challenged his positive vote on this item at last week’s COW meeting, Ald. Singer read a statement defending his vote and requested that it be entered into the record (Exhibit B).
Daniel Bowring, 312 N. Fifth St., favored sidewalks as a matter of consistency in future subdivisions. Ald. Maladra said that his decision to not require sidewalks was based on the number of gaps in sidewalks already in that area and the unlikelihood that those gaps will ever be filled due to cost and logistics. Ald. Bruno supported having sidewalks and suggested looking into a creative way, such as a sidewalk bank, to fund filling in the gaps.
Jeanne McGowan, 227 N. Cambridge Dr., called for sidewalks along Kaneville and Burgess Rds. She also had questions concerning the placement of marked crosswalks along Kaneville Rd. She requested that a vote on this item be postponed pending further study.
Ald. Cummings, while recognizing the benefits of installing sidewalks, saw little benefit in installing “sidewalks to nowhere” and cited safety hazards. He supported a sidewalk bank, saying sidewalks raise the quality of life in the entire city and would allow the installation of sidewalks based on the priorities of safety and necessity. He said a sidewalk stub at the Stanton Subdivision site would be useless and called for a review of the current ordinance.
Mike Lencioni, currently living in Wheaton but soon to live in Geneva, noted that a sidewalk would benefit those confined to a wheelchair. Jill Johnson, 1607 Fairway Ct., asked why sidewalks were required at the Havlicek and Roth developments but are being waived in this case. Dr. DeGroot answered in both cases the developer did not request relief. Ms. Johnson called for a postponement to allow further consideration.
Ald. Burghart proffered that developers who sought relief from the sidewalk requirement contribute to a fund that could later be used to fill in between sidewalk sections. Dir. DeGroot said that while he or Staff are not necessarily opposed to a sidewalk bank, prioritizing the work, resident acceptance, cost and other issues arise. Admin. Dawkins said this could be a topic at a future policy discussion session. Ald. Marks also liked the idea of a sidewalk bank.
Addressing Ald. Simonian’s previous statement concerning his votes, Atty. Radovich cited a 1982 Illinois Supreme Court ruling that stated that every Council vote needs to be accounted for (Prosser Rule); thus, a present vote, an abstention or an alderman present but not voting in a situation where that vote is required for a concurrence of the Council will be counted with the majority of those voting. Further, he said that in the case where a two-thirds vote is required for passage, that vote will be counted with the negative side. Ald. Cummings cited a possible conflict with the 1982 court ruling and the Illinois State Officials and Employees Ethics Act as amended in 2014.
There being no further discussion, roll call on Res. 2017-10:
AYES: 8 (Ald. Bruno, Cummings, Kilburg, Maladra, Marks, Radecki, Seno, Singer)
NAYS: 1 (Ald. Burghart)
ABSTAIN: 1 (Ald. Simonian) MOTION CARRIED
d. Approve Resolution 2017-11 Authorizing a Payment in Lieu of Required Parking Graham’s 318 – 318 S. Third Street
Moved by Ald. Marks, seconded by Ald. Cummings to approve Res. 2017-11 authorizing a Payment in lieu of required parking Graham’s 318 at 318 S. Third St. Roll call:
AYES: 9 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki,
Seno, Singer)
NAYS: 1 (Ald. Simonian) MOTION CARRIED
Approve Resolution 2017-12 Authorizing Purchase of a 2017 Ford F-150 Through the State of Illinois Purchase Program/Wright Automotive in the Budgeted Amount of $23,615.00
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED
Approve Resolution 2017-13 Authorizing Purchase of Ford F450 Cab and Chassis from Landmark Ford in the Budgeted Amount of $33,047.00
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED
Approve Resolution 2017-14 Authorizing a Waiver of Bidding Process and Award of Contract to Sauber Manufacturing in the Amount of $25,650.00 to Refurbish and Remount Existing Utility Body and Apparatus on New Chassis Purchased Under Separate Contract
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED
Approve Resolution 2017-15 Authorizing a One (1)-Year Contract Extension with Hoving Clean Sweep for Calendar Year 2017
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED
Approve Resolution 2017-16 Authorizing IDOT Right-of-Way Maintenance Agreement
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED
Approve Ordinance 2017-03 Authorizing the Issuance of Waterworks and Sewerage Revenue Bonds IEPA Series 2017 in an Aggregate Amount Not to Exceed $12,500,000.00
Having requested removal of this item from the Omnibus Agenda, Ald. Simonian asked if the mandate requiring this action by the City changes, does the contract allow the City to cancel the project if it is no longer required. Dir. Babica said that it is his understanding that Illinois is one of the last states to adopt this federal EPA mandate and that surrounding states have more stringent standards than does Illinois; therefore, he does not see this mandate being lightened or rescinded in Illinois. He seriously doubted that the City could back out from the contract once the work starts, but warned that if the City does not meet the mandated time schedule it can be sanctioned by the IEPA for non- compliance. Roll call:
AYES: 10 (Ald. Bruno, Burghart, Cummings, Kilburg, Maladra, Marks, Radecki,
Seno, Simonian, Singer)
NAYS: 0 MOTION CARRIED
Approve Resolution 2017-17 Authorizing Execution of a Contract with Chapman and Cutler for Bond Counsel Services Regarding Waterworks and Sewerage System Revenue Bonds, IEPA Series 2017
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED
Approve Resolution 2017-18 Granting Conditional Sit Plan Approval or Graham’s 318 Within the B3 Business District (Robert Untiedt)
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). MOTION CARRIED
Approve Resolution 2017-19 Authorizing Execution of an Economic Incentive Agreement Between the City of Geneva and MyNosh, LLC
Moved by Ald. Bruno, 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
NEW BUSINESS
Leaf Pickup Rescheduled for March 13
Dir. Babica noted that the leaf pickup has been rescheduled to begin March 13 in zones A and C. Zone B was completed last fall before the program was suspended. He said the new dates will be publicized.
Birthday Wishes from Ald. Radecki
Ald. Radecki wished his deceased father a happy birthday, who would have turned 100 today.
ADJOURNMENT
There being no further business, moved by Ald. Simonian, seconded by Ald. Seno to adjourn the Geneva City Council meeting. Carried unanimously by voice vote.
The meeting adjourned at 9:11 p.m.
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