(Ald. Brown, Dantino, Flanagan, Hill, Maladra, Marks, Pawlak, Piper, Singer, Vogelsberg)

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1 GENEVA CITY COUNCIL MEETING APRIL 18, 2011 CALL TO ORDER The meeting of the Geneva City Council was called to order at 7:09 p.m. in the Council Chambers of City Hall by Mayor Kevin Burns. Aldermen present: Chuck Brown, Ralph Dantino, Dorothy Flanagan, Sam Hill (via teleconference), Craig Maladra, Richard Marks, Ray Pawlak, Robert Piper, Ron Singer and Dawn Vogelsberg. Aldermen absent: None. Also attending: City Atty. Charles Radovich, City Administrator Mary McKittrick, Asst. City Administrator/Dir. of Administrative Services Stephanie Dawkins, Public Works Director Dan Dinges, Economic Development Director Ellen Divita, Community Development Director Dick Untch, Police Chief Steve Mexin, Fire Chief Steve Olson, Water & Sewer Division Superintendent Bob VanGyseghem, Business Development Specialist Paul Evans. PLEDGE OF ALLEGIANCE Led by Boy Scouts from Troop 37. AMENDMENTS TO AGENDA Mayor Burns announced that without objection, he would like to alter the Agenda to hold the budget public hearing after consideration of Ordinances and pertaining to bed & breakfast establishments in Geneva. OMNIBUS AGENDA All items listed on the Omnibus Agenda are considered to be routine by the Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member or citizen 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. Singer, seconded by Ald. Marks to approve the Omnibus Agenda as presented. Roll call: APPROVE MINUTES OF THE LAST REGULAR MEETING HELD APRIL 4, 2011 APPROVE REPORTS COUNCIL COMMITTEES Committee of the Whole April 25 at 7:00 p.m. MUNICIPAL BILLS FOR PAYMENT The following bills were presented for payment: Insurance Claims $ General Fund 162, Electric Fund 1,666, Water & Sewer Fund 44,

2 Tri-Com Fund 6, Special Service Area # Parking Fund Refuse Fund 2, Mental Health Fund Cemetery Fund Total Funds $1,885, Moved by Ald. Bills, seconded by Ald. Flanagan that the bills be approved and vouchers prepared. Roll call: COMMITTEE OF THE WHOLE ITEMS OF BUSINESS Approve Ordinance Amending the Zoning Ordinance Definition of the Term Bed and Breakfast Inn Moved by Ald. Vogelsberg, seconded by Ald. Singer to approve Ord amending the zoning ordinance definition of the term Bed and Breakfast Inn. Noting that he voted against this motion at the April 11 committee-of-the-whole meeting, Ald. Maladra said that after receiving further clarification, he would now support the motion. Ald. Singer said he would support the motion because B&Bs have enhanced other communities, as they would in Geneva. He called attention to a supporting letter from Paul Ruby, general manager of The Herrington Inn & Spa. He also cited the positive recommendation from the Plan Commission. Ed Cohen, 200 N. River Ln., questioned the approval process. Saying that he was formerly involved in the appraisal process at Northern Trust Co., he stated that a B&B with historic designation would lower property values in the area. He also expressed concern over traffic and parking. While he wished the B&B success, he questioned if it could succeed. There being no further discussion, roll call: Approve Ordinance Granting a Special Use for a Bed and Breakfast Inn at 109 Peyton Street Moved by Ald. Singer, seconded by Ald. Flanagan to approve Ord granting a Special Use for a bed and breakfast inn at 109 Peyton Street. Ald. Maladra said that he understood the neighbors concerns but that the Council s decisions should be based on fact. He pointed out that under City zoning ordinances, B&Bs are allowed in residential neighborhoods. He said that most of the neighborhood residents who have spoken do not object to B&Bs at other locations, which he called problematic. He also questioned the validity of concerns over potential parking and traffic problems. While acknowledging that a B&B might not be well-suited for this location, he said he would favor this motion based on factual analysis. 1173

3 Ald. Brown said he continues to feel that the B&B is not a right fit. Citing the Plan Commission transcript, he said that following each of the Plan Commission s nine Special Use Findings of Fact review, no Plan Commission members offered comments. He questioned whether the criteria set forth by the nine items were met. Ald. Pawlak also opposed the motion, calling it forced zoning. He agreed with Ald. Brown, specifically citing the second Findings of Fact pertaining to the diminishment of values of adjacent and nearby properties, where he said no expert testimony was presented other than tonight s comments from Mr. Cohen. Ald. Maladra again called attention to the zoning ordinance permitting a B&B in a residential area. He cited Galena, Ill. and Ann Arbor, Mich., where he said complaints regarding B&Bs are nil. Ald. Vogelsberg also cited the current zoning permitting a B&B in residential areas, saying that the Council should follow its own zoning ordinance. Ald. Piper questioned the validity of expert testimony. Jack Hoelscher, 128 N. First St., whose property is adjacent to the proposed B&B property, felt that other locations in Geneva would be more appropriate for a B&B. He said the matter balances the rights of the B&B owner against the rights of the neighbors. He cited a ruling from the Illinois Supreme Court, which found that a diminution of value and enjoyment of neighboring properties resulted from traffic and noise created by a proposed special use. Mr. Hoelscher felt that placing a commercial activity in an old residential neighborhood risks similar encroachment in other areas. He concluded by saying that the best interests of the historic district would be served by denying the application. Ald. Maladra disagreed with Mr. Hoelscher, saying that a proposed B&B at another location would draw similar objections by those neighbors. He also reminded Mr. Hoelscher that B&Bs are allowed in residential districts as special uses and would not represent expansion of the business district. Ald. Brown addressed Findings of Fact number nine, which deals with exterior appeal of the structure. He said that in this matter it is City Staff, not the Plan Commission, which has addressed the Special Use Findings of Fact. Addressing Ald. Brown s comments, Dir. Untch explained that Staff advises the Plan Commission on it review processes per City Code, including the nine Special Use standards. But he said that it is up to the Plan Commission to hear testimony, review Staff s analysis, and make a decision. He said Staff endeavors s to balance all available information, provide staff commentary and make recommendations to the Plan Commission. Ald. Brown said he was bothered by not seeing any Plan Commission questions regarding the Findings of Fact. Ald. Piper said that the review process was followed correctly. Ald. Maladra said he takes the lack of Plan Commission questions as acceptance of staff comments. Ald. Brown said that he feels he has to question the Findings of Fact since it appears the Plan Commission did not. Ald. Flanagan also felt the correct process had been followed by the Plan Commission. Ald. Vogelsberg recalled her experience as a plan commissioner, saying that each member is called upon for comment. She also noted the emotional aspects involved in any requested property use change. Linda Lydon, the applicant, showed changes she has made to the exterior of the structure, saying that the only future change will be the addition of a two-story garage. John Lance, 217 N. Second St., opposed the B&B, saying that it would detract from the community feel and character of the neighborhood. Local merchant Tom Konopacki, owner of 1174

4 Anastazia, felt that a B&B near the downtown area would attract additional visitors to Geneva, which he said are needed at this time. Carla Hibbard, 128 N. Second St., said that currently the proximity of this residential area to the downtown area creates certain encroachments on the area s tranquility, adding that she feared further incursions. Tony Feldhaus, 616 Richards St., suggested that B&B guests might be more interested in simply resting and relaxing rather than shopping in the downtown area. There being no further discussion, roll call: AYES: 6 NAYS: 4 (Ald. Flanagan, Hill, Maladra, Piper, (Ald. Brown, Dantino, Marks, Pawlak) As those present for the above matter departed the Council Chambers, Mayor Burns used the moment to introduce GHS student Maureen Levy, who is currently serving as a U.S. Senate page in Washington, DC. She related some of her experiences. Approve Side Letter of Agreement with International Association of Firefighters Local 4287 Moved by Ald. Vogelsberg, seconded by Ald. Piper to approve a side letter of agreement with the International Assn. of Firefighters Local Admin. Dawkins explained that the side letter states that the Firefighters Union Local 4287 will defer 1.75 percent of their bargained increase of 3.75 percent until the last pay period of the fiscal year. In return, the City agrees to not lay off any member of the bargaining unit for FY The City will realize an approximate savings of $22,375. Ald. Pawlak expressed concern that the City would be giving up the right to lay off union fire personnel should State funding not be received as anticipated. He also sighted certain caveats in the letter whereby a union firefighter could receive the full pay increase. Admin. Dawkins said the guarantee extends only until April 30, Ald. Maladra said he took comfort in knowing that firefighters would not be laid off, even if State funding is not received. John Devine, 921 Wood Ave., suggested foregoing this agreement unless the union would recognize that a firefighter or firefighters might have to be laid off within the next fiscal year. Roll call: Approve Side Letter of Agreement with International Brotherhood of Electrical Workers Local 196 Moved by Ald. Brown, seconded by Ald. Vogelsberg to approve a side letter of agreement with the International Brotherhood of Electrical Workers Local 196. Admin. Dawkins explained that the side letter states that the union electrical workers will take four mandatory furlough days in lieu of a wage concession. In return, the City agrees to not lay off any member of the bargaining unit during FY This translates into 1.5 percent of wages and an approximate savings of $16,

5 Ald. Pawlak expressed concern over the City s relinquishing its right to lay off union members should State funding not materialize. Admin. Dawkins said that State funds are applied to the General Fund, whereas this concerns the Electric Fund. Ald. Vogelsberg thanked Admin. Dawkins for her work on this matter, as well as to the unions for their concessions. Mr. Devine again expressed his concern that workers will not be able to be laid off, which he did not see as a cost benefit. Mayor Burns said that this is the nature of negotiations. Roll call: PUBLIC HEARING ON CITY OF GENEVA FY BUDGET Moved by Ald. Dantino, seconded by Ald. Singer to open the Public Hearing. Carried unanimously by voice vote. The Public Hearing was opened at 8:56 p.m. Mayor Burns called for comments from the public or from the Council. Hearing no comments from the Council or audience, Mayor Burns called for a motion to close the Public Hearing. Moved by Ald. Singer, seconded by Ald. Piper to close the Public Hearing. Carried by voice vote with Ald. Hill voting against. The Public Hearing was closed at 8:57 p.m. Approve Resolution Approving Fiscal Year City Budget Moved by Ald. Singer, seconded by Ald. Vogelsberg to approve Res approving the fiscal year City Budget. Motion to amend Ald. Singer Moved by Ald. Singer, seconded by Ald. Dantino to amend the budget to include a $5,000 appropriation for the Cultural Arts Commission. Ald. Marks, who originally moved to remove from the city budget the $5,000 for the Cultural Arts Commission, said that the Commission s fund balance stands at nearly 50 percent of its yearly budget, adding that commissions generally come before the Council to request funds as necessary. He felt the $5,000 could better serve the City if placed in the General Fund. Ald. Brown said that the Commission s balance is deceiving because the Commission just had its major fundraiser. He felt the Commission is beneficial to the city and that $5,000 could be found to help fund the group s efforts. Ald. Singer said that the only guaranteed income the Cultural Arts Commission has is the $5,000 provided by the City, and weather could inhibit any of the events put on by the Commission, reducing income. Ald. Pawlak asked as to the amount of the Commission s anticipated contractual expenses in the coming year. Spc. Evans stated that it is approximately $15,000. Ald. Vogelsberg understood that the $5,000 was intended as seed money. Calling the 1176

6 Commission s funding a want, she contrasted that with the City s efforts to reduce funding of vital services. Others speaking in opposition to the motion were Ald. Flanagan and Ald. Maladra. Cultural Arts Commission member Carolyn Hill pointed out that Commission events encourage economic growth by attracting visitors to Geneva. Victor Portincaso, Commission member, echoed Ms. Hill s comments, adding that the funds would benefit the Commission s efforts to contribute to Geneva s economic climate. A vote was then taken on the amendment to restore $5,000 to the city budget for the Cultural Arts Commission. Roll call: AYES: 4 NAYS: 6 (Ald. Brown, Dantino, Hill, Singer) (Ald. Flanagan, Maladra, Marks, Pawlak, Piper, Vogelsberg) MOTION FAILS Return to discussion of motion to approve City Budget Ald. Brown questioned the growing amount in the Workers Compensation fund balance. Admin. Dawkins said the City is self-insured and is responsible for the first $100,000 before reinsurance applies, with large insurance claims possibly in the offing. Ald. Pawlak said that the budget proposes to raise taxes, add staff, give raises, and purchase a truck characterized as a want, not a need. He said the budget is not balanced, and that the police and fire pensions are not funded as required; therefore, he said that he could not vote in favor of this budget. Ald. Dantino said he also would vote against the budget because of a proposed new hire in the Finance Dept. and the truck purchase. He also felt that some gamesmanship was at play in the budget discussions. Admin. McKittrick said that the budget is balanced as defined by law, and that this is the third year in a row that the General Fund has been reduced. She also stated that the fund balance was increased to avoid the possibility of a reduction in the City s credit rating. She said that the Finance Dept. is not creating a new position, but filling one that has been vacant for several years and needs to be filled. She also said that many discussions were held regarding the budget, to which all aldermen were invited to attend. Scott Lebin, Chamber of Commerce board chairman, said he has reviewed the budget and felt that the city staff has done a terrific job in reducing expenses. There being no further discussion, roll call: AYES: 8 NAYS: 2 (Ald. Brown, Flanagan, Hill, Maladra, Marks, Piper, (Ald. Dantino, Pawlak) Approve Resolution Approving General Liability/Property and Workers Compensation Insurance Policies Renewals Approve Resolution Abolishing Working Cash Funds 1177

7 Approve Ordinance Amending Title 8, Ch. 2 (Driveways) Relating to Driveways in the Right-of-Way Approve Resolution Authorizing Bid Award and Contract with HD Supply for Materials Allendale Cable Replacement Project 2011 Approve Resolution Authorizing Agreement with PACE Paratransit for 2011 Ride In Kane Program Approve Request from Multisport Madness Kids, Inc. for Triathalon May 29, 2011 Approve Request from Misericordia Heart of Mercy to Solicit Donations April 29-30, 2011 Approve Request from Geneva Lions Club to Place Hearing Screening Van at Third & James Streets June 29, 2011 Approve Request from Kane County Health Dept. for Fit for Kids 5K Run June 11, 2011 Approve Request from ALS Les Turner Foundation to Solicit Donations May 7, 2011 Approve Request from Fox Valley Trail Runners for Viking Sunset 5K Run July 27, 2011 NEW BUSINESS Ald. Pawlak asked when the city truck scheduled for replacement will be declared surplus. Supt. VanGyseghem answered that the truck was declared surplus the night that purchase of a new truck was approved, but no decision has been made as to its disposal. 1178

8 ADJOURNMENT There being no further business, moved by Ald. Dantino, seconded by Ald. Marks to adjourn the Geneva City Council meeting. Carried by voice vote. The meeting adjourned at 9:33 p.m. Lynn P. Landberg, City Clerk 1179