Kane County Reporter

City of Geneva City Council met June 17

Here are the minutes provided by the council:

CALL TO ORDER

The Geneva City Council meeting was called to order by Mayor Kevin Burns at 7:00 p.m. in the City Hall Council Chambers.

Elected Officials present:

Alderpersons: Anaïs Bowring, Mike Bruno, Becky Hruby, Dean Kilburg, Brad

Kosirog, Craig Maladra, Richard Marks, Amy Mayer, Martha Paschke, Robert Swanson.

Mayor Kevin Burns, City Clerk Vicki Kellick.

Elected Officials attending by video or teleconference: None.

Elected Officials absent: None.

Others Present: City Administrator Stephanie Dawkins, City Attorney Ron

Sandack, Public Works Director Rich Babica, Community Development Director David DeGroot, Economic Development Director Cathleen Tymoszenko.

Others attending by video or teleconference: None.

PLEDGE OF ALLEGIANCE

Mayor Burns invited Ald. Paschke to lead the Pledge of Allegiance.

PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS

Proclaim Juneteenth Day in the City of Geneva

Moved by Ald. Paschke, Seconded by Ald. Mayer.

Roll call:

AYES: 10 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Maladra, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Consider Mayor’s Appointment of Heather Riebe to the Ethics Commission

Moved by Ald. Marks, Seconded by Ald. Bowring.

Roll call:

AYES: 10 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Maladra, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Consider Mayor’s Appointment of Andrew Tobler to the Historic Preservation Commission

Moved by Ald. Paschke, Seconded by Ald. Bowring.

Mr. Tobler thanked the Council for allowing him to serve on the commission.

Roll call:

AYES: 10 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Maladra, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Public Hearing on an Annexation Agreement by and between the City of Geneva and MIF Geneva Park-J, LLC and MIF Geneva Park-M, LLC and MIF Geneva Park Master Developer

Moved by Ald. Bowring, Seconded by Ald. Kosirog to open the public hearing.

MOTION CARRIED unanimously by voice vote 10-0.

John Dashner commented that it was interesting to see how flexible the southeast master plan had become. He stated that this plan transitioned swiftly from commercial real estate to light industrial. He noted that in the annexation agreement, there are several sections in which the City will allow development to occur. He stated that in the agreement, the developer will submit its final plans and the Community Development Department will have the final say on what occurs in that area. Mayor Burns stated that it is incorrect that all future buildings would be decided by the Community Development Department. He stated that if those developments do not meet the “substantial conformity”, they will go to the Planning and Zoning Commission and the Council.

Moved by Ald. Bruno, Seconded by Ald. Marks to close the public hearing.

MOTION CARRIED unanimously by voice vote 10-0.

AMENDMENTS TO AGENDA

None.

OMNIBUS AGENDA (OMNIBUS VOTE)

All Items listed with an asterisk (*) 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. All items on the Omnibus Agenda require a simple majority vote unless otherwise indicated.

*APPROVE CITY COUNCIL MINUTES FROM JUNE 3, 2024

*REPORTS

June Revenue Report

*COMMITTEE OF THE WHOLE ITEMS OF BUSINESS (N/A)

Moved by Ald. Bowring, Seconded by Ald. Paschke.

Roll call:

AYES: 10 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Maladra, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

MUNICIPAL BILLS FOR PAYMENT: $5,281,859.51

Moved by Ald. Bruno, Seconded by Ald. Kosirog.

Roll call:

AYES: 10 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Maladra, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

PRESENTATION OF ORDINANCES AND RESOLUTIONS

Approval of Ordinance 2024-18 Approving and Authorizing the Execution of an Annexation Agreement by and Between the City of Geneva and MIF Geneva ParkJ, LLC and MIF Geneva Park-M, LLC (Owners) and MIF Geneva Park Master Developer (Developer) for 211 Acres of Property Generally Located South of the Intersection of IL Route 38 and Kautz Road and North of Fabyan Parkway.

Moved by Ald. Bowring, Seconded by Ald. Kosirog.

Ald. Hruby stated that the desire for an annexation agreement stems from a vision from 20 years ago and asked if warehouses are still wanted in this space. She noted the several warehouse spaces for lease nearby and noted the noise, carbon footprint, air quality, and pollution that warehouses would bring. She asked if new warehouse jobs were needed and noted that several warehouse jobs within 20 miles of Geneva were already available. She stated that no one earning $17/hour from a warehouse job could afford to live in Geneva, and that annexing this land is a developer win.

On a question by Ald. Swanson, Admin. Dawkins stated that there is a goal of completing the substation there by July 1, but that this is not a hard and fast date.

On another question by Ald. Swanson, Dir. Babica stated that the City is committing to provide approximately 20-22 MW of power to the area and that the City can handle this load. 30-34 MW is the current average daily usage. Dir. Babica noted that it is incorrect to state that the load will increase because of the park. He stated that the goal of the park is to stabilize the load and consume the energy the City is already under contract to purchase which is 50-54 MW.

On another question from Ald. Swanson, Dir. DeGroot explained that a requirement of a 10% landscape decrease applies to truck courtyards internally because trucks must have enough space so as not to drive over the landscaping.

Attny. Sandack noted that staff has the discretion to negotiate such items. On a further question about retention storm basins, Admin. Dawkins noted that there are several items within the agreement that need approvals but the land must be annexed first before those subsequent items can be considered.

On a question by Ald. Mayer, Dir. Babica explained that all substations are connected interchangeably. If one substation is down, another can be used. If more energy is needed because the base load has increased, he and his staff will secure more energy and bring the issue before the City Council at that time.

Roll call:

AYES: 8 (Bowring, Bruno, Kosirog, Maladra, Marks, Mayer, Paschke, Mayor Burns)

ABSENT: 0

NAYS: 3 (Hruby, Kilburg, Swanson)

Approval of Ordinance 2024-19 Annexing 225.83-Acres of Property Generally Located South of the Intersection of IL Route 38 and Kautz Road and North of Fabyan Parkway to the City of Geneva.

Moved by Ald. Bowring, Seconded by Ald. Kosirog.

Roll call:

AYES: 8 (Bowring, Bruno, Kosirog, Maladra, Marks, Mayer, Paschke, Mayor Burns)

ABSENT: 0

NAYS: 3 (Hruby, Kilburg, Swanson)

Approval of Ordinance 2024-20 Rezoning (Zoning Map Amendment) Property Generally Located South of the Intersection of IL Route 38 and Kautz Road and north of Fabyan Parkway, from the “RR” Rural Single-Family Residential District to the “I1” Light Industrial District Upon Annexation.

Moved by Ald. Bruno, Seconded by Ald. Marks.

Roll call:

AYES: 7 (Bowring, Bruno, Kosirog, Maladra, Marks, Mayer, Paschke)

ABSENT: 0

NAYS: 3 (Hruby, Kilburg, Swanson)

Approval of Ordinance 2024-21 Granting a Special Use Permit for a Preliminary Planned Unit Development (PUD) and Preliminary PUD Plan and Phase I Infrastructure Plan approval for the MIF Geneva Park; and Approval of Resolution

2024-22 Granting a Preliminary and Final Plat of Subdivision for the MIF Geneva Park.

Moved by Ald. Bruno, Seconded by Ald. Paschke.

On a question by Ald. Kilburg, Dir. DeGroot stated that a revised tree preservation survey was received as part of the PUD application identifying the total number of trees being preserved plus additional landscaping. This was presented at the April 11 Planning and Zoning Commission meeting. The Geneva arborist reviewed that survey and visited the site.

On a question by Ald. Marks, Dir. DeGroot noted that there is an east-west rightof-way proposed on the plat of subdivision to provide access to properties to the west of Cherry Lane. On another question by Ald. Marks, Brian Johnson with Pinnacle Engineering Group noted that a water line bisects the site. Approximately one-third of the site drains in a northwest direction and the rest of the site drains in a south and southeasterly direction. The proposed development mimics those drainage patterns and stormwater basins will be installed to mitigate additional volume created.

On another question by Ald. Marks, Dir. DeGroot explained that the 60-foot building height limit measures from the finished first floor to the peak of the roof or the top of the parapet wall, hiding the mechanicals.

On a question by Ald. Swanson, Mr. Johnson explained that the retention areas will capture water and allow it to be released at a very slow rate which will mitigate any flooding.

On another question by Ald. Swanson, wetlands specialist Scott Brejcha explained that there had been correspondence with the Army Corps of Engineers regarding allowing public access to the wetlands on the site. While access could be allowed, this would defeat the native vegetation mitigation and buffer plan approved by the Corps. When the third-party conservation foundation takes over the long-term conservation of the site, benches and the presence of the public would potentially cause issues with controlled burns and the maintenance of the site. Ald. Swanson noted that he would like to see public access to the site.

On another question by Ald. Swanson, Justin Fears of MWI Group noted that flexibility is important when developing an industrial park. While the buildings there can have a height of up to 60 feet, his experience with developing over 100 buildings is that none have a height of over 40 feet. He explained that there is a speed to market which is critical to the success of such a project and as such, there is not enough time to consider height requirements on a building-by-building basis.

Moved by Ald. Swanson, Seconded by Ald. Kilburg to remove the allowance/variance for cyclone fencing for outside screening as stipulated within the PUD agreement.

Ald. Bowring noted that the fencing would be contained within the site and is not public-facing and as such, she would approve the fencing. Ald. Mayer stated that cyclone fencing with slats holds up to wind better than other fencing and as this is a business park, she has no problem with the fencing. On a question by Ald.

Maladra, Dir. DeGroot stated that the property maintenance code would apply to ensure that the fencing is maintained.

Roll call:

AYES: 3 (Hruby, Kilburg, Swanson)

ABSENT: 0

NAYS: 7 (Bowring, Bruno, Kosirog, Maladra, Marks, Mayer, Paschke)

Ald. Hruby asked that the Council consider the numerous global zoning code deviations applying to the development which include signage, setback, and height requirements to which others must adhere. She stated that MWI should ask for such deviations when they are ready to build. Ald. Hruby proposed an amendment to require the developer to follow the existing zoning codes. Mayor Burns noted that the developer is following existing zoning codes and that the PUD as written allows for variances to be considered through the PZC and Council. Ald. Hruby then stated that she would like to amend the PUD to which Attny. Sandack stated that this is essentially a request to vote “no” on the PUD. Ald. Hruby withdrew the motion.

Moved by Ald. Hruby, Seconded by Ald. Kilburg to retract the setbacks and building heights on all structures on the 211 acres.

Ald. Bowring noted that the land is an excellent value and would retain flexibility for the developer. Ald. Bruno stated that he has never seen a PUD not have such language. Ald. Paschke questioned why the Council would motion against the success of the development through this amendment.

Roll call:

AYES: 3 (Hruby, Kilburg, Swanson)

ABSENT: 0

NAYS: 7 (Bowring, Bruno, Kosirog, Maladra, Marks, Mayer, Paschke)

On a question by Ald. Mayer, Dir. DeGroot noted that per state statute, new multifamily and single-family developments must have at least one EV parking space but this does not apply to commercial developments.

Ald. Kilburg read from a letter that prior City Administrator Phil Page sent to the Mayor and City Council in May. Mr. Page noted that there would be a significant increase in truck traffic as a result of the development and that the PZC indicated that the traffic study available was from 2018. Ald. Kilburg asked that Mr. Page’s letter be included in the minutes.

Dir. DeGroot explained that the traffic study for this development was initiated by the City in conjunction with IDOT, KDOT, and Batavia and has been ongoing for several years. On a request by Ald. Kilburg, Attny. Sandack explained that a request for a more current traffic study could be brought up during new business.

Ald. Maladra noted that this area is not necessarily a gateway to Geneva but is seen by nearby cities as an industrial area with the gateway to Geneva being farther west. He stated that this is consistent with plans which have been updated over the past 20 years. Since a diversified tax base is critical for the City, it is integral to the strategic plan that this development be light industrial, and it is also integral to the strategic planning of St. Charles, Batavia, and West Chicago.

Ald. Hruby stated that she, Ald. Kilburg, and Ald. Swanson live east of the river and are outnumbered on the votes for this development. Mayor Burns noted that this is not an east-side issue but a Geneva issue that affects the entire community.

He stated that as elected officials, the Council has an obligation to speak candidly with residents and non-residents, but to assume that developments are located in a particular area and only impact those areas is incorrect.

After continued discussion on traffic, warehouses, and the wetland on the site, Ald.

Marks called the question.

Roll call on calling the question:

AYES: 7 (Bowring, Bruno, Maladra, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 3 (Hruby, Kilburg, Kosirog)

Roll call on the original item:

AYES: 7 (Bowring, Bruno, Kosirog, Maladra, Marks, Mayer, Paschke)

ABSENT: 0

NAYS: 3 (Hruby, Kilburg, Swanson)

Consider Resolution No. 2024-62 Rejecting Bids Opened June 3, 2024 for the 2024-2025 Underground Electric Cable Replacement Project.

Moved by Ald. Bowring, Seconded by Ald. Marks.

Roll call:

AYES: 10 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Maladra, Marks, Mayer,

Paschke, Swanson)

ABSENT: 0

NAYS: 0

Consider Resolution No. 2024-63 Authorizing the Execution of a Third Amendment to the Parking Lot Lease with St. Mark’s Church Through April 30, 2027.

Moved by Ald. Marks, Seconded by Ald. Kosirog.

On a question by Ald. Marks, Admin. Dawkins stated that the lease does not allow for EV charging stations in the lot. This can be negotiated in three years.

Roll call:

AYES: 10 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Maladra, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

PUBLIC COMMENT

Michael Olesen of the Geneva Chamber of Commerce noted that the 74th annual Swedish Days festival begins Wednesday. He noted that the non-profit vendors at the fest depend on the revenue made during Swedish Days and he asked that the public support those booths and organizations so that they can continue their work.

Yvonne Dinwiddie spoke that she was upset that the Mayor did not call a point of order during the meeting. She believed that one of the alderpersons challenged those who voted “no”.

Carl Dinwiddie asked how Geneva will meet its 20MW guarantee in the agreement when the Prairie State coal electric campus closes in 2045. He also stated that the West Chicago industrial park, Suncast expansion, and the southwest corner of Kirk and Fabyan roads are not in TIFs so that the taxes there go to the taxing bodies.

Maureen McKeough stated that she does not think that her alderperson made any pretense of representing the entire East Side and merely stated that she was representing her constituents. Ms. McKeough asked that the Mayor treat all alderpersons the same.

Mark Sartell stated that he is not against the development but has concerns about increased traffic, pollution, and noise. He was disturbed that comments were made that this is one community because when his sons attended GHS, they heard comments that they lived in the “ghetto” on the east side. He said that these comments are still being made today. He noted that he does not appreciate the intimidation and bullying of East Side representatives.

Brian Mahr stated that his taxes are seven times higher than they were when he moved to Geneva in 1989, even with increased revenue in town. He stated that if an outsider saw this meeting, they would think that MWI was an environmental steward but they are not because of their destruction of trees in the area and the developers ignoring the community’s wishes.

David Walenziak stated that he was not against the industrial buildup but was not pleased that the developers received zoning deviations while homeowners do not.

He noted that the next week’s City Council meeting will consider Venture Park which the PZC has not recommended. He asked that the Council consider the PZC meetings and public comments on this issue.

NEW BUSINESS

Ald. Kilburg congratulated the Geneva Chamber on its successful golf outing and encouraged the public to volunteer for Swedish Days. He also stated that he recently came upon a traffic accident involving a young bicyclist and asked the public to remind young people about bike laws and how to stay safe in traffic.

ADJOURNMENT

There being no further business, moved by Ald. Kosirog to adjourn the Geneva City Council meeting.

MOTION CARRIED by unanimous voice vote of those present.

The meeting adjourned at 9:42 PM.

https://www.geneva.il.us/AgendaCenter/ViewFile/Agenda/_07012024-2370