Asked and answered!
That’s what any reasonable attorney would argue. And if you ask me, the question the mayor and downtown property owner Joe Stanton asked was answered quite emphatically.
The motion to overrule the Historical Preservation Commission’s 5–1 vote sparing the 502 W. State Street Pure Oil building required a supermajority—that's seven votes. Ironically, it failed by that same 7–3 margin.
But despite beating that horse to lifeless pulp during the course of a four-hour March 26 COW meeting, they’re trying to resuscitate that very question tonight (Monday, April 2).
Since coaching indoor soccer prevents my attendance, at the risk of coming off like local preservationist Liz Safanda who rambled on at that COW meeting—twice—I will offer my closing arguments here.
Mayor Burns! You are officially a bully!
You darned well know three things always happen during any contentious council meeting: (1) someone will threaten to vote you out of office; (2) a petition will be presented on one side of the issue; and (3) 20 percent of public speakers will get emotional.
We, the people of Geneva, expect you to rise above that inevitable storm and represent the best part of us.
So help me to understand how it's appropriate for you to respond like a petulant high schooler to the DeKalb woman who implied you should be removed from office?
How is it appropriate for you to act as if a potential boycott of the St. Charles Bank, whose officers want the Pure Oil space for a drive through, is akin to a North Korean invasion? When government fails to heed its citizens, a boycott is their right. Had the vote gone the other way, I would've called for one myself.
What was the point of your dismissal of the petition to preserve that iconic building? Making fun of that effort only made you look petty.
As if that wasn’t bad enough, then you hauled out Pure Oil tenant Craig McLean’s dirty laundry for all to see.
And by the way, Mr. McLean denies he’s in arrears on the rent.
My rebuttal to your contention that Patch commenters “exercised the identical behavior they're trying to stop” when taking you to task is, you need to grow up! You’re the mayor, and they’re not!
I’m convinced both you and City Manager Mary McKittrick thought you had this one in the bag. You made the rookie lawyer mistake of asking a question before you knew the answer. Then, incensed with a vote that went against you, you lashed out at everyone in sight.
Since you’re suddenly so enamored of property owners’ rights, let’s talk about precedent!
You seem to have forgotten that, while you were mayor, the city forced a James Street property owner to fork out $70,000 in legal fees for the privilege of installing vinyl windows that perfectly matched the historical originals. So how can you turn around and say, with a straight face, a “property owner” has the right to tear down a historic building?
I’ll answer that one for you. You can’t!
Mayor Burns, your too-predictable council shtick is getting old, and my only solace in this particular application of that boorishness is that the people of Geneva will not soon forget it.
Joe Stanton! Does the city of Geneva owe you one? You bet we do! But like that savvy lawyer who knows when to cut his losses and settle, you really ought to be smart enough to see that this ain’t the one.
When I visit downtown Geneva, it means Kevlar and an awful lot of ducking. When you walk down Third Street, they drop rose petals at your feet. Why would you risk a reputation that took decades to build on a move that will destroy it in one short week?
You knew exactly what you were getting into when you bought a historic building in a Historic District. You knew the structure’s limitations as well as its rehab prospectus.
The irony is, you purchased that landmark to prevent someone else from doing exactly what you’re trying to do—break the covenants and demolish it!
The only possible rationale for your willingness to risk that good faith is you guessed wrong on the real estate market, and now you’re seriously overextended. But as much as we love you, Joe, it’s not up to us to bail you out of a bad speculative venture.
If your petition was an attempt to get folks involved in a Pure Oil solution, then I’d be the first one to say it was a brilliant maneuver. But if you’re really going yo go through with your request to have the City Council reconsider its position, then I have some pre-owned Kevlar I’d be willing to part with cheap.
Drop it, Joe! I’m convinced that if you work with these newly energized citizens, a solution to everyone’s benefit is imminent.
City Council! Stand your ground.
The mayor, Ms. McKittrick and Joe Stanton thought you’d simply rubber stamp this one, so they didn’t bring their "A" game. But if you don’t come prepared for the trial, after the gavel comes down, then no judge on the planet is going to give you a second chance.
Now they’re just wasting your time. Though he told the Chronicle he suddenly wants to continue the conversation, that’s only because the mayor didn’t get his way! As for moving the building, even Mr. Stanton said it’s virtually impossible, and there’s a reason people drive that historic Route 66.
In order for you to raze this icon, you have to find that the HPC was wrong. You have to prove they were derelict in their duty. And there’s absolutely no evidence to support that claim.
What further economic feasibility study do you need other than Mr. Stanton already has a tenant? Despite all the mayor’s bluster, whether or not this particular business owner pays his rent should have no bearing on your decision.
And Alderman Vogelsberg! if you don’t recuse yourself from this vote—which you certainly should—at least have the courtesy to admit that having previously worked for Joe Stanton could be considered a conflict of interest.
St. Charles Bank! With recession-weary folks shooting sideways glances at financial institutions as it is, the publicity this ongoing battle will generate can’t possibly be helpful to your bottom line.
Though readers may regularly point out just how insignificant I am, this is big news in the Chronicle and The Daily Herald. Were I part of the preservationist group, and the Geneva City Council reversed themselves, the first thing I’d do is picket your Route 64 building.
Yikes! 1,200 words? That makes me almost half as bad as Ms. Safanda! I should have been a preservationist!