City of Geneva City Council met Oct. 18.
Here are the minutes provided by the council:
All Employees, Elected Officials, and visitors are required to wear a face covering at all City facilities regardless of vaccination status. Meetings are livestreamed for those unable to attend in person the ability to contemporaneously hear all discussion, testimony and roll call votes of the open meeting in real time.
CALL TO ORDER
The Geneva City Council meeting was called to order by Mayor Kevin Burns at 7:02 p.m.
Aldermen present: Mike Bruno, Tara Burghart, Becky Hruby, Gabriel Kaven, Dean Kilburg, Brad Kosirog, Craig Maladra, Richard Marks, Amy Mayer, Robert Swanson,
Aldermen attending by video or teleconference:
Aldermen absent:
Others Present: City Administrator Stephanie Dawkins, City Clerk Roger Godskesen, City Atty. Scott Fintzen, Community Development Director David DeGroot, City Planner Chayton True, Economic Development Director Kathleen Tymoszenko
Attending by video or teleconference: City Atty. Ron Sandack
Pledge of allegiance led by Kristie Dienst
Mayor Burns reflected on the life and 27-year career of Geneva Fire Department Battalion Chief Gavin Hayes, who recently passed away. A moment of silence was observed in his memory.
3. PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS
3.a. Proclaim October 21, 2021 as “Geneva Community Chest Day”
Community Chest Chair Kristie Dienst introduced all 17 members of the board who were in attendance tonight, including Ald. Kilburg and Kosirog. She described the organizations’ 50 years of service to the community. Ald. Kilburg, Kosirog and Burghart added their commendations about the many positive contributions of the organization to our city. Dienst also described the upcoming anniversary dinner and fundraiser.
Moved by Ald. Swanson, seconded by Ald. Bruno to so proclaim.
MOTION CARRIED by unanimous voice vote 10/0.
3.b. Consider Approval of a Special Event Application from the Geneva Chamber of Commerce for 2021 Christmas Walk and Related Activities in December, 2021.
Moved by Ald. Kaven, seconded by Ald. Mayer to approve the measure as presented.
Chamber President Paula Schmidt described changes and additions to the event this year, some in response to the pandemic, and noted the popular and beloved Santa Claus house had been retired because of its age. It will be recreated and a substitute set up for this year’s activities. The parade, Christmas Walk, house tour, cocoa tent and merchant involvement were also mentioned. Ald. Burghart added that she had heard from many members of the public who were looking forward to the event.
MOTION CARRIED by unanimous voice vote 10/0.
3.c. Public Hearing Concerning the Intent of the City to Issue Not to Exceed $8,300,000 General Obligation Bonds (Alternate Revenue Source)
Moved by Ald. Marks, seconded by Ald. Kosirog to open the public hearing. MOTION CARRIED by unanimous voice vote 10/0.
No public questions or comments were noted.
Moved by Ald. Kosirog, seconded by Ald. Marks to close the public hearing. MOTION CARRIED by unanimous voice vote 10/0.
3.d. Public Hearing on the Execution of an Annexation Agreement (Continued from October 4, 2021)
Prior to opening the public hearing, Mayor Burns read a statement announcing that the tenant for the proposed warehouse facility had indicated they were no longer interested in pursuing the project. In a series of three communications received by the city at 4:34 PM, 5:17 PM and 6:27 PM this evening, both the proposed tenant and Crow Holdings confirmed they would not be pursuing the project.
Burns noted that the public hearing and the vote on the annexation would still need to be held as scheduled on the published agenda.
Ald. Hruby stated to the public that “your voices have been resoundingly heard” and lauded their hard work and dedication. She added that with that, nothing further needed to be raised on the issue, but that the council still needs to vote due to procedure.
Burns confirmed what Hruby had said, adding that it was in the best interest of the council and public to expedite the public hearing, and then move on to tonight’s other scheduled business. He clarified that the hearing was for the purpose of discussing the annexation, and for that purpose only.
Ald. Kilburg agreed, and had nothing further to add at this point.
Moved by Ald. Marks, seconded by Ald. Maladra to open the public hearing.
MOTION CARRIED by unanimous voice vote 10/0.
The public hearing began at 7:26 PM and Burns invited the public to speak.
Jerome Lietza asked for clarification on what would be voted on tonight, and about future annexation plans for the site. He also commented on his perception that certain city ordinances and performance and zoning standards were outdated. Mayor Burns clarified what tonight’s vote would cover, and what topics would not be relevant for tonight’s discussion.
Astor asked for clarification about tonight’s vote, and expressed concerns about the annexation agreement and PUD ordinances, adding her feeling that the public did not have access to all the information about the project. Mayor Burns and Atty. Sandack answered regarding what will be voted on, with an explanation where project information could be found, and how a vote on annexation would also affect the other aspects of the project. Astor also asked for a vote against the annexation.
Michelle Rathman, speaking online, thanked the Mayor, Council, Ald. Kilburg and Ald. Hruby and the public for their efforts, adding that this developer was not forthcoming but that the community banded together to research and learn what they intended and to resist them.
After a comment by one gentleman (name inaudible) at the podium, Mayor Burns reminded the gathering that while he understood the passions involved, he asked that everyone be respectful during the hearing.
Becky M. asked for clarification about the annexation and zoning, and if the annexation were to be approved tonight, what might be the result.
Joy Baez asked that if Geneva does not annex the property, whether another community could. Burns answered that no, they could not.
Henrik asked the council to vote no against the annexation and clear the path to another project. Sarah Reick, speaking online, asked the council to vote no on the annexation.
Matthew felt that everyone had spoken well on the issue, appreciates living in the city, and encouraged a no vote against the annexation largely due to the impact of increased truck traffic on public safety.
Carl B. speaking online, voiced concerns about possible costs to the city and timing of a proposed traffic signal in the plan, and opposed the annexation. Mayor Burns reminded the public that this project was only proposed, and should not be heard as a declarative statement that it would be done.
There being no further comment or questions:
Moved by Ald. Marks, seconded by Ald. Mayer to close the public hearing.
MOTION CARRIED by unanimous voice vote 10/0.
The public hearing closed at 7:58 PM
4. AMENDMENTS TO AGENDA
None
5. 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 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. Swanson, seconded by Ald. Bruno to approve the agenda as presented. Roll Call:
AYES: 10 (Ald. Bruno, Burghart, Hruby, Kaven, Kilburg, Kosirog, Maladra, Marks, Mayer, Swanson)
ABSENT: 0
NAYS: 0 MOTION CARRIED
*6. Approve Minutes of the Last Regular Meeting on October 4, 2021 (Clerk Recommends Approval)
Moved by Ald. Swanson, seconded by Ald. Bruno to approve the measure as presented. Approved by unanimous roll call vote 10/0. (Omnibus Agenda). MOTION CARRIED
*7. APPROVE REPORTS
a. July and August 2021 Financial Reports
b. Tax Revenue Report
Moved by Ald. Swanson, seconded by Ald. Bruno to approve the measure as presented. Approved by unanimous roll call vote 10/0. (Omnibus Agenda). MOTION CARRIED
8. COUNCIL COMMITTEES
Geneva City Council Meeting October 18, 2021 2108
None
9. OTHER ITEMS AND CORRESPONDENCE
None
10. MUNICIPAL BILLS FOR PAYMENT
City of Geneva Expenditures - 10/18/2021 $ 1,382,502.71
Manual Check(s) 3,682.41
Utility Billing Refund(s) 1,091.47
Misc. Refund(s) –
Sales Tax Abatement –
City of Geneva Payroll 726,218.37
Tri-Com Expenditures - 10/18/2021 74,374.36
Tri-Com Payroll 157,079.82
Total Expenditures $ 2,344,949.14
Moved by Ald. Bruno, seconded by Ald. Burghart to approve the bills as presented.
Roll Call:
AYES: 10 (Ald. Bruno, Burghart, Hruby, Kaven, Kilburg, Kosirog, Maladra, Marks, Mayer, Swanson)
ABSENT: 0
NAYS: 0 MOTION CARRIED
11. COMMITTEE OF THE WHOLE ITEMS OF BUSINESS
*a. Approve Resolution No. 2021-81 Authorizing Execution of a Contract with Insituform Technologies at a Cost of $493,477.00 with an Additional $49,347.70 in Change Orders for a Total Cost Not to Exceed $542,824.70 for 2021 Sanitary and Storm Sewer Lining Project.
Moved by Ald. Swanson, seconded by Ald. Bruno to approve the measure as presented. Approved by unanimous roll call vote 10/0. (Omnibus Agenda). MOTION CARRIED
*b. Approve Resolution No. 2021-82 Authorizing Execution of a Contract with Boulder Contractors, Inc. at a Cost of $126,900.00 with an Additional $12,690.00 in Change Orders for a Total Cost Not to exceed $139,590.00 for 2021 Sanitary Manhole Replacement Project.
Moved by Ald. Swanson, seconded by Ald. Bruno to approve the measure as presented. Approved by unanimous roll call vote 10/0. (Omnibus Agenda). MOTION CARRIED
*c. Approve Resolution No. 2021-83 Declaring Three Substation Transformers as Surplus Property.
Moved by Ald. Swanson, seconded by Ald. Bruno to approve the measure as presented. Approved by unanimous roll call vote 10/0. (Omnibus Agenda). MOTION CARRIED
*d. Approve Resolution No. 2021-84 Authorizing Execution of a Contract with Sebert Landscaping in the Amount of $208,256.00 for 2022 Citywide Landscape Maintenance Services.
Moved by Ald. Swanson, seconded by Ald. Bruno to approve the measure as presented. Approved by unanimous roll call vote 10/0. (Omnibus Agenda). MOTION CARRIED
*e. Approve Resolution No. 2021-85 Authorizing an Award to Extend a Snow Removal Contract with Accurate Edge Landscaping for the 2021-2022 Snow Season.
Moved by Ald. Swanson, seconded by Ald. Bruno to approve the measure as presented. Approved by unanimous roll call vote 10/0. (Omnibus Agenda). MOTION CARRIED
12. PRESENTATION OF ORDINANCES, PETITIONS, RESOLUTIONS, AND BID AWARDS
12.a. Consider Ordinance No. 2021-27 Authorizing the Execution of an Annexation Agreement By and Among CHI Acquisitions, L.P. and the City of Geneva
Moved by Ald. Marks, seconded by Ald. Kilburg to consider the measure as presented.
Ald. Bruno noted that while the votes tonight were largely moot, whether a vote against the annexation would affect potential impacts for future development on the site. Mayor Burns said that it would not. Atty Fintzen added that an annexation requires a 2/3 majority vote, while ordinances require a simple majority, and that we should put first things first.
Ald. Mayer asked if the council still needed to vote on each remaining agenda item, Burns and Fintzen felt that it would. Adm. Dawkins noted that we did still have the applicant present for the project, but not the end user this project was designed for. Burns then stated that upon consideration by the Chair, if agenda item 12.a was voted down, the recommendation was that the remaining agenda items would be moot and not relevant, and therefore not need to be voted upon.
Ald. Maladra asked that if the council were to approve items 12.a – the annexation, whether the applicant could then still build the facility as proposed in which case the city would have very little ability to control or change it. He added that the applicant could still bring another client and continue building this warehouse. Burns responded that since the facility design was specific to this client, it would be unlikely to be built on spec. Atty Fintzen also noted that this vote was only for this application, and if a different application comes before the council, it would need a new proposal and start over. Maladra concluded that the safest way to prevent the applicant from building anything on the location was to vote against the annexation.
Ald. Mayer asked if Crow holdings was still interested in this property, and whether any next project would be an entirely new proposal. Burns clarified it would be entirely new.
There being no further questions or comment, the matter was put to a vote. Mayor Burns clarified what an Aye or Nay vote would signify, and noted that a 2/3 majority would be needed, including himself.
Roll Call:
AYES: 0
ABSENT: 0
NAYS: 11 (Ald. Bruno, Burghart, Hruby, Kaven, Kilburg, Kosirog, Maladra, Marks, Mayer, Swanson, Burns)
MOTION FAILED
With the failure of agenda item 12.a, Mayor Burns asked for a motion to remove the remaining items from the agenda.
12.a.1 Motion to remove items 12.b, 12.c and 12.d from the agenda.
Moved by Ald. Mayer, seconded by Ald. Marks to approve the motion as presented.
MOTION CARRIED by unanimous voice vote 10/0.
12.b. Consider Ordinance No. 2021-28 Annexing Certain Territory (Parcel Nos. 12-01-100- 004 and 12-01-100-45) to the City of Geneva.
(REMOVED FROM AGENDA)
12.c. Consider Ordinance No. 2021-29 Granting a Zoning Map Amendment to Rezone Parcel Nos. 12-01-100-004 and 12-01-100-45 from the RR Rural Single-Family Residential District to I1 Light Industrial District Upon Annexation.
(REMOVED FROM AGENDA)
12.d. Consider Ordinance No. 2021-30 Granting a Preliminary/Final Plat of Planned Unit Development and Subdivision for the Development of a 278,000 sq. ft. Warehouse Distribution Facility.
(REMOVED FROM AGENDA)
13. NEW BUSINESS AND PUBLIC COMMENT
None in chambers.
City Administrator Dawkins reported that no one was waiting to comment via the online system.
14. ADJOURNMENT
There being no further business, moved by Ald. Kaven to adjourn the Geneva City Council meeting.
MOTION CARRIED by unanimous voice vote 10/0.
The meeting adjourned at 8:10 PM.
https://www.geneva.il.us/AgendaCenter/ViewFile/Minutes/_10182021-1847
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