Kane County Reporter

City of Geneva City Council met April 21

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, William Malecki, 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, Assistant City

Administrator Ben McCready, City Attorney Ron Sandack, Electric Division

Superintendent Aaron Holton, Water Division Superintendent Bob Van Gyseghem,

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 Nick to lead the Pledge of Allegiance.

PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS

Recognize Geneva High School Foreign Exchange Students

AFS Intercultural Programs representative Robin Lang spoke about the program and noted that AFS has had a continuous relationship with Geneva for 75 years. Ms. Lang stated that the biggest challenge for the program is finding host families. ICEC board member Cynthia Albright then spoke about the committee and introduced board members who were in attendance. She introduced members of ICEC and the exchange students and then each student provided comment and answered questions. Students recognized were Achmad Baim from Indonesia, Midyan Hassanieh from Lebanon, Neidy Gundana from Mozambique, and Kaan Gokalp from Turkey.

Mayor Burns thanked the students.

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 APRIL 7, 2025

*REPORTS

April 2025 Revenue Report

*Approve Ordinance No. 2025-09 Amending Title 1 (Administrative), Chapter

6 (Municipal Officers and Employees), Section 1-6E-3; 1-6G2; 1-6G3; and 1-6-G4 Related to Non-Appointed Officials.

*Approve Resolution No. 2025-33 Authorizing Acceptance of a Proposal to Bind Coverage for Property, General Liability, Automobile, Public Officials’ Employment Practices, Law Enforcement, Crime, Cyber, Excess Liability, and Workers’ Compensation Insurance in the Amount of $951,525.00.

*Approve Ordinance No. 2025-10 Authorizing the Extension of Municipal Water Service to the Property Located at 1923 Western Avenue Without Annexation.

*Approve Ordinance No. 2025-11 Proposing the Establishment of Special Service Area No. 37 (Geneva Crossing).

*Approve Resolution No. 2025-34 Authorizing the Execution of a Contract with Stewart Spreading, Inc. in the Amount of $30.72 per Cubic Yard for Biosolids Disposal from May 1, 2025 to April 30, 2026.

*Approve Resolution No. 2025-35 Authorizing the Execution of a Professional Services Agreement with Hampton, Lenzini and Renwick, Inc. for Wetlands Management Services for Eagle Brook and On Brentwood’s Pond Subdivisions in an Amount Not to Exceed $45,200.00.

*Approve Resolution No. 2025-36 Authorizing the Execution of a Contract with Hampton, Lenzini, and Renwick, Inc. to Complete the FY26 Water Treatment Plant Wetlands Management Agreement in an Amount Not to Exceed $23,600.00.

*Approve Resolution No. 2025-37 Authorizing the Execution of a Service Agreement with Clarke Environmental Mosquito Management, Inc. to Conduct the FY26 Mosquito Abatement Program in an Amount Not to Exceed $56,444.00.

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

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

ABSENT: 0

NAYS: 0

MUNICIPAL BILLS FOR PAYMENT: $ 3,732,859.67.

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

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

ABSENT: 0

NAYS: 0

COMMITTEE OF THE WHOLE ITEMS OF BUSINESS

Consider Ordinance No. 2025-07 Amending Title 4 (Business and License Regulations), Chapter 2 (Liquor Control), Section 10 (Restrictions on Issuance) of the Geneva City Code.

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

Mayor Burns stated that the vote at the Committee of the Whole meeting to bring this ordinance to City Council was a tie 4-4 with the mayor breaking the tie and advancing the issue to the council so that the two alderpersons absent at that vote could be present to consider it.

Ald. Bruno reiterated his rationale for bringing the issue back. He wished for the council to revisit the issue post-election so that there would be no appearance of politics involved. He noted that the fundamental question is the conflict of interest of a liquor license holder as it pertains to City enforcement against liquor license holders and the council voting on who should receive a liquor license. Ald. Bruno stated that it would be best not to put police in the position of enforcement with a sitting representative on the Council. He disagreed with arguments that the ability for an elected official to hold a liquor license would result in expanding the council candidate pool as evidenced in the 2025 municipal election candidate numbers. He supports a return to the pre-2016 standard.

Ald. Bowring stated that she agreed with Ald. Bruno as allowing license holders to sit on the council puts city staff and the police department in an uncomfortable position. She believes the Council has limited power to recuse itself in cases of a conflict of interest. She noted that her job is to make the best policy possible and supports reverting to the pre-2016 language in the ordinance.

On a question by Ald. Bowring, Admin. Dawkins stated that the Chief of Police brings the charges for liquor code violations and the matter then comes before the Liquor Commissioner which is the Mayor.

Moved by Ald. Paschke, Seconded by Ald. Mayer to amend the existing ordinance to include the language from the state statute.

On a question by Ald. Bowring, Mayor Burns stated that he believes that the city council would have no recourse if a council member who is also a license holder decided not to comply with the liquor code. Ald. Bowring stated that to ensure this would not happen, the only effective way would be to not allow them to hold office. On another question by Ald. Bowring, Mayor Burns confirmed that a license holder could transfer the license to another party in the business. Ald. Bowring noted that doing so would avoid a conflict of interest for sitting council members.

On a question by Ald. Bruno, Mayor Burns stated that the amended motion offered by Ald. Paschke would include state statute language into the main motion of prohibiting a liquor license holder from holding office.

On questions by Ald. Kilburg and Ald. Bowring, Attny. Sandack stated that the amended motion replaces the language of the main motion which would put both motions in conflict with each other. Additionally, the council is not procedurally allowed to amend the original ordinance but must amend the item at hand which is the proposed ordinance.

The motion by Ald. Paschke to amend the existing ordinance to include the language from the state statute was withdrawn.

Ald. Kosirog stated that he does not like the circumstances under which the ordinance was originally passed. However, he does want to allow liquor license holders to also be able to hold office.

On a question by Ald. Hruby, Mayor Burns noted that this became an agenda item after it was raised on April 7 to be brought before the council. Other issues raised in the past including a lobbyist report and report from the Aurora CVB have not come before the council yet due to scheduling issues with those involved.

Ald. Swanson stated that he liked Ald. Paschke’s motion but that instead of striking the language allowing a liquor license holder to run for office, he suggests adding the state statute language to the ordinance. In that case, a liquor license holder could run for and hold office but have to follow the state statute.

Moved by Ald. Swanson, Seconded by Ald. Mayer to amend the existing ordinance to include the language from the state statute.

Admin. Dawkins noted that there is amended language in the state statute that is not reflected in the city code. Attny. Sandack also noted that there could be language in the ordinance that would need to be cleaned up to reflect this item which would require additional amendments. Ald. Swanson and Ald. Mayer wished to move forward on the amendment.

Ald. Bruno noted that it seemed that the council was adding much tonight to the main motion. He noted that if the main motion fails, the council should return at a future date. Ald. Kosirog agreed that the discussion and amendments were confusing to voters and muddies the main motion. Discussion continued among council members regarding the need to vote on the main motion and include new language after further consideration.

AYES: 7 (Hruby, Kilburg, Malecki, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 3 (Bowring, Bruno, Kosirog)

Moved by Ald. Kilburg, Seconded by Ald. Marks to call the question.

AYES: 6 (Hruby, Kilburg, Marks, Mayer, Paschke, Swanson)

ABSENT: 0

NAYS: 4 (Bowring, Bruno, Kosirog, Malecki)

MOTION FAILED

Vote on Item 9a as amended:

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

ABSENT: 0

NAYS: 0

Consider Ordinance No. 2025-08 Amending Title 1 (Administrative), Chapter 6 (Municipal Officers and Employees), Section 1-6-2C (Appointments/Terms of Office) of the Geneva City Code.

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

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

ABSENT: 0

NAYS: 4 (Hruby, Kilburg, Marks, Swanson)

PRESENTATION OF ORDINANCES, RESOLUTIONS

Approve Ordinance No. 2025-12 Granting a Variation to Reduce Street Yard Parking Setback along Woodlawn Street.

Moved by Ald. Malecki, Seconded by Ald. Paschke.

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

ABSENT: 0

NAYS: 0

Approve Ordinance No. 2025-13 Granting a Special Use Permit for a Restaurant and Relief from the Interior Parking Lot Landscaping Requirements at 427 E. State Street.

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

On a question by Ald. Bruno, owner Jim Nicolaou explained that Honey Bird will be a smaller takeout or dine-in restaurant featuring broasted chicken. Ald. Kilburg stated that Riganato’s is an excellent business and that this will be an asset to the community.

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

ABSENT: 0

NAYS: 0

Approve Resolution No. 2025-38 Authorizing Execution of Amendment to Professional Services Agreement with CDM Smith in the amount of $215,000.00 for a total not-to-exceed amount of $2,144,719.00 for Phase II Improvements at the Wastewater Treatment Plant.

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

On a question by Ald. Swanson, Supt. Van Gyseghem explained that the cost of additional work is for the permit application and administrative tasks. It is a not-toexceed amount. Amrou Atassi of CDM Smith noted that the amount is also for the stormwater management work and analysis involved. Funding from the Illinois EPA is also being sought. Mr. Atassi stated that he would provide additional details for the work being done and the cost involved.

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

ABSENT: 0

NAYS: 1 (Swanson)

PUBLIC COMMENT

Mike Oleson of the Geneva Chamber of Commerce stated that the chamber’s Coffee Crawl was successful and that the Beacon News gave the event front page coverage. He also reminded everyone of the upcoming Citywide Garage Sale on April 25 and 26. He noted that 66 households had signed up to participate.

Resident Rick Wilson thanked the council for allowing parking lots at Woodlawn and Summit. He noted that there will be increased traffic in the area and hopes that in the future, there will be no parking on Woodlawn or Summit and that people will use the parking lot instead.

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 8:54 PM.

https://www.geneva.il.us/AgendaCenter/ViewFile/Agenda/_05052025-2525