Kane County Reporter

City of Geneva City Council met Oct. 7

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, Richard Marks, Amy Mayer, Martha Paschke, Robert Swanson.

City Clerk Vicki Kellick.

Elected Officials attending by video or teleconference: None.

Elected Officials absent: None.

Others Present: City Administrator Stephanie Dawkins, Assistant City

Administrator Ben McCready, City Attorney Scott Fitzen, Water Division Superintendent Bob VanGyseghem, Public Works Director Rich Babica, Community Development Director David DeGroot, Finance Director Rita Kruse, Economic Development Director Cathleen Tymoszenko, Fire Chief Michael Antenore.

Others attending by video or teleconference: None.

PLEDGE OF ALLEGIANCE

Mayor Burns invited Alderperson Anaïs Bowring to lead the Pledge of Allegiance.

PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS

Proclaim Oct. 23-31, 2024 as Red Ribbon Week

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

Mayor Burns welcomed the GHS SADD Club to the meeting. SADD Club cosponsor Lisa Meister introduced herself and co-sponsor Ashley Andreuccetti. She then introduced seniors Molly and Lauren who spoke about how the campaign of “Just say no” was not found to be effective as it is important to meet teens where they are and provide the resources needed. They explained the importance of Red Ribbon Week and listed the six principles of a drug-free lifestyle for students: finding a natural high that is your passion; surrounding yourself with positive peer influences; finding a positive mentor for encouragement; having a firm belief in who you are; setting goals for your future, and building resilience to help get you through life’s challenges.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Presentation and Acceptance of the FY2024 Annual Comprehensive Financial Report, TIF 2 Report, TIF 3 Report, Single Audit, and IMRF Allocation Report.

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

Dir. Kruse noted that there are three major funds which are in compliance with the financial policy. The General Fund on April 30, 2024, is at 52.7% of general fund expenditures compared to the policy of 25%. The Electric Fund cash balance is 115% of the total expenditures which is due to the issuance of the $30 million alternate geo bonds, and as of April 30, Geneva only spent 10% of the bond issuance. The Water and Wastewater Funds cash balance is 31% of total expenditures.

Dir. Kruse introduced Anthony Cervini of Sikich LLP who presented the annual comprehensive financial report of the City’s audit. He noted that this is the 11th year that the City has received the Government Finance Officers’ Association (GASBY) certificate of achievement for excellence in financial reporting.

Regarding the independent auditors’ report, Sikich issued a clean, unmodified opinion on the City’s financial statements. Mr. Cervini also noted a separate report of generally accepted government auditing standards in which Sikich found no instances of non-compliance. Mr. Cervini noted that there was approximately $1.34 million in total grant spending by the City, of which $942,000 was provided by AARPA.

On a question by Ald. Kilburg, Mr. Cervini explained that the uncollected property tax revenue is referred to as a “total deferred inflow of resources” because that is a reporting mechanism created by GASBY 10 years prior to explain how the reporting is presented on the TIF financial statements. Those are not current receipts but are offset from the time of the levy compared to when the receipts come in.

On another question by Ald. Kilburg, Dir. Kruse explained that the $250,000 in revenue is from a DECO grant received last year related to TIF 2 contractual work. Additionally, cash income is interest collected on the fund balance.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 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 SEPTEMBER 16, 2024.

Moved by Ald. Swanson, Seconded by Ald. Bruno.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

MUNICIPAL BILLS FOR PAYMENT: $5,529,902.07

Moved by Ald. Bruno, Seconded by Ald. Bowring.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

COMMITTEE OF THE WHOLE ITEMS OF BUSINESS

Approve Ordinance 2024-37 Amending Title 10 (Building Regulations) to adopt the 2021 editions of the International Building Code, Existing Building Code, Residential Code, Mechanical Code, Property Maintenance Code, Fuel Gas Code, Energy Conservation Code, Swimming Pool and Spa Code, and Fire Code; the 2015 edition of the NFPA 101 Life Safety Code; the 2023 edition of the NFPA 70 National Code; and the Illinois Plumbing Code; and Specify Local Amendments to Said Codes.

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

On a question by Ald. Marks, Admin. Dawkins explained that this was required by statute to be filed and available for the last 30 days so that if approved tonight, this will go into effect immediately.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Approve Ordinance 2024-38 Establishing Building Permit and Plan Review Fees Pertaining to Title 10 (Building Regulations).

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

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

PRESENTATION OF ORDINANCES AND RESOLUTIONS

Approve Ordinance 2024-39 Amending Title 11 (Zoning Ordinance) of the Geneva City Code, Section 11-7B-2 (Permitted Uses) to expand the list of permitted uses in the I1 Light Industrial District to include “Food Manufacturing, Processing, and Packaging”.

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

Dir. DeGroot provided a presentation in which he explained that MSI Express is considering a property in the I1 district for this use and that the proposed text amendment would allow this as a permitted use in the I1 district. Dir. DeGroot noted that there are currently several food manufacturing, processing, and packaging uses by companies in the I1 district but that most of those companies exist within the Geneva Business Park PUD which made an exception for those uses. Since those uses are prominent in the I1 district, Dir. DeGroot stated that it would be good to consider this a permitted use within the district. He noted that the I2 district where this use is allowed is almost obsolete as there are only three properties in I2 located off of Edison St. between North and Center Streets. Those properties are attached residences, an auto repair shop, and construction offices.

Uses in the I1 district now include several services, some of which are light manufacturing and non-manufacturing uses. The Geneva Business Park is where most of the food processing, packaging, and manufacturing are located. He noted that the Geneva Zoning Ordinance expressly prohibits grain storage, packing plants, the tanning or curing of raw hides, stockyards, the slaughter of animals or fowl, fish oil processing and the manufacturing of tallow, lard, grease, or fat.

Performance standards also exist regarding noise, odor, fire, smoke, and toxic matters.

Dir. DeGroot presented an analysis of 19 comparable communities. Of those, 13 communities allow food manufacturing as a permitted use in their industrial/manufacturing districts. Five communities allow food manufacturing as a special or conditional use. One community allows food manufacturing as a permitted use in the general industrial district but not in the light industrial district.

On a question by Ald. Kilburg, Dir. DeGroot explained that the City would have to consider pet food manufacturers. If compliant with other performance standards, pet food manufacturing would be allowed but he could not confirm that it would be allowed without specific details of the use.

On a question by Ald. Bruno, Dir. DeGroot noted that the EPA has odor thresholds and that complaints have been filed in conjunction with the EPA. Additionally, many facilities have air pollution permits that must be renewed annually.

On a question by Ald. Swanson, Dir. DeGroot explained that the process for obtaining a special use permit depends on each situation. If an applicant is interested in built space, it would have to meet the nine special use standards. If the applicant is going to a new site with developing plans for the building and engineering for the site, the process is more onerous. Ald. Swanson noted that many I1 locations east of Kirk Rd. are across the street from residences and by approving the ordinance, it removes residents’ rights to approve the special use. He agrees with the PZC and stated that special use permitting should continue.

Ald. Bowring stated that it would be beneficial to put controls in place instead of requiring a variance for food manufacturing.

Ald. Hruby stated that it is in the best interests of the east side residents to review each use on a case-by-case basis. She noted that Smithfield in St. Charles went through several periods of time with odors affecting nearby residents. Leaving the permitting as it stands provides more opportunity to avoid such a situation.

Ald. Mayer stated that this ordinance can help with vacancy rates. Instead of needing a variance, she stated that it would be best to put controls in place and that it makes sense to allow such manufacturing as a permitted use.

Ald. Paschke stated that she believes that this will encourage development and that EPA thresholds can be enforced. She stated that she understands concerns but that staff has made a reasonable recommendation and she is in favor of supporting this.

On a question by Ald. Kosirog, Dir. DeGroot explained that if there is a special use, MSI can apply for that use tomorrow, but would need to bring the issue back to the PZC for a public hearing, then back to the City Council in possibly December. Ald. Kosirog stated that he is in agreement that this should be a permitted use, especially since there have been several such uses in town with no problems.

Roll call:

AYES: 6 (Bowring, Bruno, Kosirog, Marks, Mayer, Paschke)

ABSENT: 0

NAYS: 3 (Hruby, Kilburg, Swanson)

Approve Resolution 2024-95 Restating and Extending the Site Plan Approval Granted for the Construction of a Mixed-Use Building at 609 S. Third Street.

Moved by Ald. Marks, Seconded by Ald. Mayer.

On a question by Ald. Swanson, Broker Brian Zetz presented an email between the buyer’s attorney and seller’s attorney which stated that there have been no proposed changes in the zoning application and requested that all permits be renewed. Mr. Zetz noted that the buyers are in the middle of getting financing and are moving into the contract phase. He stated that the buyer has put up option money and two extensions which provides proof that the buyer does want the sale to occur. He noted that if the extension is not approved and another buyer comes in, that buyer will have to go through the same process so it makes sense to approve the extension.

Ald. Mayer noted that interest rates continue to fall which will make the buyer happy. She stated that this is still a good plan and that’s all that is needed.

Ald. Bowring stated that there is no harm in extending the approval. There would be harm in presenting an obstacle to the development.

On a question by Ald. Kilburg, Mr. Zetz stated that the buyer has contributed five figures of funding that it cannot get back. He noted that people do not throw good money after bad money and that securing financing is difficult today. The sellers have considered other offers but kept working with the current buyer as the sellers believe that the buyer will get the deal to closing. Ald. Kilburg asked if Mr. Zetz would prefer a two-year approval tonight so that he won’t need to return next year.

Ald. Kilburg proposed an amendment to provide a two-year extension to the applicant.

The amendment died for lack of a second.

Roll call:

AYES: 6 (Bowring, Bruno, Kosirog, Marks, Mayer, Paschke)

ABSENT: 0

NAYS: 3 (Hruby, Kilburg, Swanson)

Approve Ordinance 2024-40 Granting 1) a Comprehensive Plan Amendment from “Parking” to “Single-Family Residential”; 2) a Zoning Map Amendment from D-RSCM Residentially-Scaled Commercial Mixed-Use District to the R1 Low Density Single-Family Residential District; and 3) Amendments to the Fourth Street Parking Lot PUD and the Herrington’s Trail PUD.

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

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Approve Resolution 2024-96 Authorizing City Administrator to Execute Agreement Related to the Waterworks and Sewerage System Revenue Bonds (IEPA Water Main Replacement).

Moved by Ald. Kilburg, Seconded by Ald. Marks.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Approve Resolution 2024-97 Authorizing City Administrator to Execute Agreement Related to the Waterworks and Sewerage Revenue Bonds (IEPA Sanitary Sewer River Crossing).

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

On a question by Ald. Mayer, Spt. VanGyseghem explained that if the IEPA loan is obtained and bidding takes place, the project will begin in fall of 2025. Work would then begin in the spring of 2026.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Approve Resolution 2024-98 Authorizing Execution of Amendment to the Professional Services Agreement with Fehr-Graham in the amount of $65,000 for a total not-to-exceed amount of $965,000 for Sanitary Sewer River Crossing and Screening Building Design Services.

Moved by Ald. Bruno, Seconded by Ald. Bowring.

On a question by Ald. Kilburg, Chris DeSilva and Andrew Barbeau of Fehr Graham explained that the largest portion of additional funding was related to permitting the river crossing with the Army Corps. In order to put in a new sewer, they have to dam up the Fox River which required additional modeling and a bathymetric survey. Additionally, there is a koi pond on the northwest corner of the property with historical background and is not part of the treatment process. The river crossing initially would have passed through the koi pond but since then, the crossing has been moved 20-30 feet away but because of an older building on the site, the Army Corp has requested that a professional archeologist do a Phase I study of the site.

On another question by Ald. Kilburg, Mr. DeSilva explained that there is a limitation on the timing of the damming so as not to occur during sensitive ecological seasons. The actual river damming would be two-months long. The plan would be bid next summer and the project would ideally be awarded in the fall of 2025 with construction beginning in 2026.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Approve Resolution 2024-99 Declaring Certain Public Works Vehicles and Equipment Surplus.

Moved by Ald. Paschke, Seconded by Ald. Kosirog.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Approve Resolution 2024-100 Authorizing Approval of Change Order #1 with Geneva Construction Company of Aurora, Illinois in the amount of $289,002.14 for a Revised Contract Value of $2,705,970.19 for the FY 25 Street and Infrastructure Project.

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

On a question by Ald. Kosirog, Dir. Babica explained that construction to remove curbs on East Side Drive found road fabric which was not evident in the core samples except under tight magnification. Its presence was also not in the records when it was installed. This complicates the removal.

Roll call:

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Approve Resolution 2024-101 Authorizing License Agreement with Geneva Masonic Temple Association for Continuation of Lincoln Highway Interpretive Mural Project.

Moved by Ald. Marks, Seconded by Ald. Mayer.

Roll call:

Geneva City Council Meeting – October 7, 2024

AYES: 9 (Bowring, Bruno, Hruby, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 0

Approve Ordinance 2024-41 Scheduling Ordinance for Proposed Amendment No. 1 to the East State Street Tax Increment Financing District (TIF 2) Eligibility Report and Redevelopment Plan and Project.

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

Roll call:

AYES: 8 (Bowring, Bruno, Kilburg, Kosirog, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 1 (Hruby)

PUBLIC COMMENT

Brian Maher spoke about the Tacos and Tequila Festival held at Northwest Medicine Field on September 21. He noted that while the field is in unincorporated Geneva, it is important that the City know about this event. He will also share this information with the Forest Preserve District and the Kane County Board. While Mr. Maher was out of town all weekend, he spoke with his neighbors who noted that significant numbers of people were dropped off on the north side of the railroad tracks in Geneva, walked up Old Kirk Road, and then crossed Kirk Rd. access the event. He stated that Kirk Rd. was backed up from Kirk Rd. to Fabyan, and that ambulances had difficulty getting through. He stated that these issues do not occur during ball games. He also noted that people parked illegally on the streets in his neighborhood and urinated in front yards. People northbound on Kirk Rd. would cut down Old Kirk Road to get to Cherry Lane. He stated that there were dozens of people hanging out on Cherry Lane and Kirk Rd. to see the concert when it was over and those people who crossed the tracks to get to the venue had to cross back afterwards. Mr. Maher said that he spoke to officials who were on duty at the event which they described as “chaotic”. He said that the Cougars general manager was contacted but said that the permit is up to Kane County, not the Cougars. Mr. Maher feels that there should be a police presence there and is concerned that something could happen to those crossing the street in the area. Another tuner car show is scheduled for November and he is concerned.

NEW BUSINESS

None.

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 8:55 PM.

https://www.geneva.il.us/AgendaCenter/ViewFile/Minutes/_10072024-2423