Kane County Reporter

City of Geneva City Council met July 8.

Here is the minutes provided by the council:

CALL TO ORDER

The July 8, 2019 special meeting of the Geneva City Council was called to order at 7:00 p.m. in the Kane County Government Center, Building A-Board Room, 719 Batavia Avenue, Geneva, Illinois by Mayor Kevin Burns.

Aldermen present: Mike Bruno, Tara Burghart, Becky Hruby, Gabriel Kaven, Dean Kilburg, Craig Maladra, Jeanne McGowan, Richard Mark, Robert Swanson.

Attending by teleconference: Aldermen absent: Michael Clements,

Also attending: City Atty. Ron Sandack, City Administrator Stephanie Dawkins, City Clerk Roger Godskesen, Community Development Director David DeGroot, Preservation Planner Michael A. Lambert, City Outside Counsel Michael Rachlis, IT manager Pete Collins

PLEDGE OF ALLEGIANCE

Led by Mayor Burns

PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS

a. Approve Ordinance No. 2019-13 Designating An Area of the City of Geneva as the South Geneva Historic District.

Moved by Ald. Marks, seconded by Ald. Bruno to approve the ordinance as presented.

Mayor Burns opened the discussion by giving an overview of the measure, thanked Kane County for use of the room, and gave some protocol for the meeting. Burns added that the measure had been reviewed and recommended by the Historic Preservation Council.

Ald. Swanson voiced his support and noted that his former home had been included in the proposed historic district, but has been sold so he no longer has any financial interest in the measure. Swanson still felt he should recuse himself and left the meeting.

Mayor Burns read a statement from Mr. Peter Yi, who had emailed Burns that he may not be able to attend the meeting because the elevator was not functioning. Burns then invited the public to comment. The following individuals gave their opinion and some asked questions:

Gillian McNamara – in favor (applicant)

Mary Lou O’Halloran – in favor

Denise Ward – opposed

Anna Harmon – opposed

Jeff James – 825 S Batavia Avenue – opposed

Greg Cornwell – opposed – 816 Cheever

Angelo Dangles – 1010 Hawthorne Lane – opposed

Teresa Keenan – opposed

Steve Bertheau – opposed

Frank, 316 Elizabeth Place – in favor (applicant)

Webb Hemshrodt – opposed – 1010 S Batavia

Carr Davis – opposed

Orville Schutt – opposed

Anita Tyndall – 805 Forrest Ave – opposed

Teresa Muir – 1017 Hawthorne – opposed

Maureen Fisk – 705 Easton Avenue – opposed

Sarah and Jay Walkington – 728 Shady – opposed

Jennifer Beall – 712 Forrest Avenue – opposed

Gayle Ellenbaum – 707 Shady Avenue – opposed

Joe Degidio - 1280 Meadows Road – no position

Charles Baumann – 949 Batavia Avenue – no position

Bob McQuillan – Batavia resident – opposed

Sandy Ellis – asked about how many votes would be needed by the council to decide the measure, and whether fees were being paid and by whom. Ellis gave no position.

With no further comments or questions from the public, Mayor Burns invited the council to discuss the measure at 8:25 PM.

Ald. Maladra spoke of his thought process regarding the matter. Noted that the city has a unique setting, two existing historic districts which provide background for the downtown shopping and restaurant areas. The current districts have been a benefit to those who live in and near it, but the proposed district would not measurably increase visitors, or business since the area is not zoned for business. Maladra looked forward to hearing from other members of the council and particularly from homeowners within the proposed district.

Ald. Bruno spoke about whether the process had been followed and standards met and noted that the ordinance does not require homeowner consent. His opinion was that the HPC is professional and the process had been followed.

Ald. Kaven stated he was against the measure, since 75% of the homeowners had objected, that the notification process was not correctly followed and that existing building permit process do work to keep homes in good condition.

Ald. McGowan felt the original nomination had the best of intentions, noted that three of the homes in the proposed area were included in the Christmas Walk and of that event’s importance, and that historic preservation provided a vital benefit to the City.

Motion to Table the Discussion until July 15, 2019

Moved by Ald. Bruno, seconded by Ald. McGowan to table the discussion until a date certain of July 15, 2019.

Roll Call:

AYES 2 (Bruno, McGowan)

NAYS 6 (Burghart, Hruby, Kaven, Kilburg, Maladra, Marks)

RECUSED 1 (Swanson)

ABSENT: 1 (Clements) 

MOTION FAILED

The discussion continued at this point.

Ald. McGowan noted that homeowners may have the best of intentions to preserve their homes, but that life changes can happened which may lead to a home being sold later.

Ald. Bruno noted that some disinformation was going around regarding property values, but that studies had shown that historic districts actually improve those values.

Ald. Maladra noted that the council is here tonight to represent the community, that the potential benefit to the city is smaller than the proposed district as drawn, and that he does not see the benefit of this measure.

Ald. Kilburg called to question. Mayor Burns clarified what an Aye and Nay vote represented. There being no further questions or comments, the matter was put to a vote.

Roll Call:

AYES 3 (Bruno, Hruby, McGowan)

NAYS 5 (Burghart, Kaven, Kilburg, Maladra, Marks)

RECUSED 1 (Swanson)

ABSENT: 1 (Clements) 

MOTION FAILED

(The meeting went into recess at 9:02 PM and was called to order at 9:12 PM.)

b. Consider Resolution No. 2019-71 Reversing the October 16, 2018 Determination of the Historic Preservation Commission to Deny the Demolition of the Single-Family Residence and Detached Garage at 428 Ford Street.

Moved by Ald. McGowan, seconded by Ald. Marks to approve the resolution as presented.

Attorney Ryan Zaborowski (Attorney for appellant) spoke of the ordinances, financial hardship to his client and of the goals of the owners.

Annette Forslund - appellant and homeowner spoke of their prior experience of owning and restoring two homes, and how they had worked with an architect and the HPC to achieve their goal of renovating this home. The HPC would not approve their requested modifications, so their only recourse was to demolish the home and start over. She stated she felt that HPC had not followed the process and ordinances as written.

Ald. Bruno asked questions, to which the homeowners attorney responded adding his opinion that there were deficiencies on the part of the HPC.

George Stazin, of the HPC described how the commission had come to their 6-0 vote against, noting that they had trouble “connecting the dots” as to the homeowners estimated cost of renovation and that since they were under a time deadline, therefore voted against it.

Ald. Maladra noted that there appeared to be no alternative because the HPC said there was no alternative.

Bob Forslund, homeowner and appellant, referred to the ordinances and felt that if they had a deficiency in their application for demolition, they should have been informed by the HPC so they could correct it.

Ald. Swanson, Burghart and Kilburg asked about timing of certain inspections, and clarification on how the HPC determined the values of renovations.

Atty Zaborowski added that his clients were not given due process according to established procedures.

There being no further questions or comments, Mayor Burns clarified what an Aye or Nay vote stood for, and the matter was put to a vote.

Roll Call:

AYES: 1 (Kaven)

NAYS: 8 (Bruno, Burghart, Hruby, Kilburg, Maladra, Marks, McGowan, Swanson)

ABSENT: 1 (Clements) 

MOTION FAILED

ADJOURNMENT

There being no further business, moved by Ald. Marks to adjourn the Geneva City Council meeting. Carried unanimously by voice vote with one absence.

The meeting adjourned at 10:23 PM.

https://www.geneva.il.us/AgendaCenter/ViewFile/Minutes/_07082019-1451