City of Geneva City Council met April 16.
Here is the minutes provided by the Council:
Call To Order:
The April 16, 2018 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, Craig Maladra, Robert Swanson, Becky Hruby, Richard Marks, Jim Radecki, Tara Burghart, Don Cummings, Jeanne McGowan Aldermen absent: Dean Kilburg
Also attending: City Atty. Ron Sandack, City Administrator Stephanie Dawkins, City Clerk Roger Godskesen, Community Development Director David DeGroot, Preservation Planner Michael Lambert
Pledge Of Allegiance:
Led by Steve Persinger
Public Hearings, Special Items And Presentations:
None
Amendments To Agenda:
None
Omnibus Agenda:
All Items listed on the Omnibus Agenda are considered to be routine by the City 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.
Moved by Ald. Bruno, seconded by Ald. Marks to approve the Omnibus Agenda as presented.
Roll call:
Ayes: 9 (Ald. Bruno, Burghart, Cummings, Hruby, Maladra, Marks, McGowan, Radecki, Swanson)
Nays: 0 Motion Carried
Approve Minutes from the Regular City Council Meeting on April 2, 2018-
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: April 23, 2018.
Moved by Ald. Bruno, seconded by Ald. Marks to approve motion as presented. Approved by unanimous roll call vote. (Omnibus Agenda). Motion Carried
Other Items And Correspondence:
None
Municipal Bills For Payment:
The following bills were presented for payment.
Bills Presented For Payment 4/16/2018
General Fund 45,584.15
SPAC Fund 22.46
Restricted Police Fines 1,158.00
Tri-Com Fund 16,885.27
Mental Health Fund 300.00
SSA # 1 5,110.77
SSA # 16 8,529.16
General Capital Projects 1,803.55
Infrastructure Capital Projects 5,909.35
Electric 2,325,769.27
Water/Wastewater 478,938.00
Refuse 5,356.66
Cemetery 2,550.00
Commuter Parking 14,058.70
Group Dental 5,548.40
Workers Compensation 900.00
Utility Refunds 538.27
____________
Total Funds $ 2,918,962.01
Moved by Ald. Bruno, seconded by Ald. Marks that the bills be approved and vouchers prepared. Roll Call:
Ayes: 9 (Ald. Bruno, Burghart, Cummings, Hruby, Maladra, Marks, McGowan, Radecki, Swanson)
Nays: 0 Motion Carried
Committee Of The Whole Items Of Business:
Approve Resolution No. 2018-26 Authorizing Acceptance of Proposal to Bind Coverage for Property, Commercial Liability, Excess Workers’ Compensation, Inland Marine, Crime, Cyber Liability and Excess Liability Insurance Coverage Effective May 1, 2018.-
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 No. 2018-27 Authorizing Waiver of Bidding Process and Purchase of Itron 100W ERT Water Meters from Midwest Meter Inc. at a Cost Per Unit of $73.00 as Approved in the FY19 Budget. (Requires a 2/3 majority vote)-
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 No. 2018-28 Proclaiming April 27, 2018 as National Arbor Day.-
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 No. 2018-29 Awarding Bid and Contract for Audio/Visual Update Project to Procom Inc. in the Amount of $38,527.79.-
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 No. 2018-08 Imposing a Non-Home Rule Municipal Retailers’ Occupation Tax and a Non-Home Rule Municipal Service Occupation Tax Effective July 1, 2018.-
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:
Approve Ordinance No. 2018-09 Designating the Property Located at 4 East State Street as a Historic Landmark. (Requires 2/3 majority vote)-
Mayor Burns introduced the measure and entertained a motion to open the item for discussion, noting that a 2/3 vote would be needed for the measure to pass.
Moved by Ald. Marks, seconded by Ald. Bruno that the motion be opened for discussion
Burns made a brief statement before the discussion began, reporting that he had granted City Attorney Sandack authority to ensure that all comments be limited to the matter at hand, which was simply to consider whether this body should either uphold or override the recommendation of the Historic Preservation Commission that the property be landmarked. Burns expressed his feeling that all present would agree this would ensure the integrity of the process.
Burns then introduced Michael Lambert, Preservation Planner for the City.
Lambert presented a history of the application process to date, including the public hearings and meetings held. He reported that the Historic Planning Commission had determined the property did meet the five criteria needed for preservation and therefore recommended the property be landmarked. Lambert noted that both the applicant and owner were present and would like to speak.
Mayor Burns invited Fred Zinke, 314 Euclid Ave, Geneva to the podium. Zinke gave a recap of his initiation of the landmarking application and some of the properties’ history and then presented the application for consideration. Zinke noted that due to health issues and his absence out of town, he had not kept up with the process and had turned it over to Colin Campbell. Zinke concluded by stating that his reason for initiating the application was to delay the demolition of the property.
Colin Campbell, 18 S. 6th Street, Geneva, distributed copies of a prepared statement and asked that his remarks be entered into the record. (EXHIBIT A – attached). Campbell then read his remarks to the Council. At approximately the 23-minute mark of Campbell’s presentation, City Attorney Sandack interrupted and noted that the next section of Campbells’ statement was not part of the record at the HPC and should not be read. Further, the Council’s purview was to stay within the record as it existed at the HPC. Campbell closed by reiterating that the reason for the application was to buy time to work with the owner of the property to find a way to restore or repurpose the building and yielded the floor.
City Attorney Sandack reminded the Council of its role tonight, which was to decide if the application as submitted fits the ordinance without advocating or considering what could or should happen with the property.
Mayor Burns then invited Kate McCracken, attorney for the owner to the podium. McKracken clarified that the Shodeen Foundation, which is a non-profit organization, is the owner of the property. McKracken delivered an approximate 27-minute report stating that the application and the process followed were flawed, did not meet the ordinance as defined and gave examples demonstrating this view. She added that, as stated by the applicants, the application was submitted to delay the demolition permit, and to buy time, rather than to landmark the building, and that this is not what the ordinance allows. McCracken then introduced David Patzelt, to represent the owner.
David Patzelt, 77 N. 1st street, Geneva gave his view of the process to date, clarified what was in the original contract and pointed out what he felt were errors, mistakes, mistruths and errors in statements made by the applicants. City Attorney Sandack asked Patzelt to limit his comments to what was already in the record, to which Patzelt agreed and concluded.
Mayor Burns then opened the discussion to the dais. An approximate 45-minute discussion followed, including input from the Aldermen present, Attorney Sandack, Community Development Director DeGroot, and Preservation Planner Lambert. Several Aldermen gave their views on the motion, Attorney Sandack answered questions and clarified notes on the application process and the limits of the current discussion.
Mayor Burns then opened the podium to input from the audience.
Adam Gibbon, Geneva explained that the limestone in the existing structure was likely quarried at different local sites at different times, which could account for varied colors and textures of the stone. He added his view that it would be nice to have a historic building on the East Side of the river, which is not part of the Historic District.
Bob McQuillen gave his reasons why he felt the property should not be landmarked. He also asked questions about the procedure for the demolition permit process. In answer to a question raised by McQuillen, Mayor Burns explained that all documents submitted to the city are public.
Tom Simonian, 921 S. Batavia Ave, Geneva, presented questions about the procedure followed granting the demolition permit. Development Director DeGroot responded to these questions.
Nancy Luyten spoke of refurbishing the Patton House and hoped the Shodeen Foundation would exercise the same level of care for this property.
A discussion by the Council followed regarding whether the absence of an alderman would affect the voting process, and whether the vote should be deferred.
A motion from Ald. Bruno to continue the discussion at another time was not seconded and was dropped. A motion from Ald. McGowan to reschedule the discussion was rescinded. After additional discussion and input from Attorney Sandack and Mayor Burns regarding the specific requirements needed to defer a vote, a motion was presented by Ald. Maladra, seconded by Ald. Bruno to defer voting on the measure until the May 7, 2018 City Council Meeting.
Roll call:
Ayes: 5 (Ald. Bruno, Hruby, Maladra, McGowan, Swanson)
Nays: 4 (Ald. Burghart, Cummings, Marks, Radecki) Motion Carried
Attorney Sandack requested of the Council that any additional information or input to the decision-making process be declined and that consideration be limited to what is currently on the record.
New Business:
Mayor Burns noted that at the May 7 City Council Meeting, the Geneva High School girls’ basketball team will be honored, and that a new Fire Department Battalion Chief will be sworn in.
Adjournment:
There being no further business, moved by Ald. Marks, seconded by Ald. Bruno to adjourn the Geneva City Council meeting. Carried unanimously by voice vote.
https://www.geneva.il.us/AgendaCenter/ViewFile/Minutes/_04162018-1171
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