Residents press Geneva leaders over Burton Foundation plans for 609 South Third Street; council and staff say no formal application received

Dozens of Geneva residents used public comment at the March 3 City Council meeting to object to development work tied to the Burton Foundation’s acquisition of 609 South Third Street, saying the city and developers have been insufficiently transparent and raising safety concerns based on conditions at the foundation’s other projects.

The comments came after circulation of letters and preliminary materials tied to an Illinois Housing Development Authority (IHDA) tax-credit application for a proposed affordable housing project known in filings as Tartesso. Mark Porter, a resident who led the public comments, said the city had circulated a letter to IHDA that ‘‘gives them preferential points’’ and asked council members to release draft letters and attachments he said have been withheld from public FOIA requests.

The dispute focused on the distinction between preliminary zoning-determination letters and a formal development submittal. City Administrator Dawkins told the council that the document sent as a zoning determination was ‘‘exactly that — perfunctory’’ and that the city has not received a formal plan that would trigger the review process with public hearings and cross‑examination. Mayor Burns repeated that there is currently no formal plan on file for the Burton Foundation to build senior housing at 609 South Third Street.

Why it matters: residents and some aldermen said the site’s location at the entrance to downtown makes the possibility of an affordable housing project politically and economically sensitive. Commenters cited safety and code-enforcement problems they associated with another Burton Foundation development, Emma’s Landing in Elgin, and warned that a badly executed low‑income project could harm Third Street businesses and neighborhood safety.

What residents said: Porter and other speakers asked for copies of two draft letters the Burton Foundation requested be put on city letterhead, and for the attachments they said were referenced in city staff emails. ‘‘There are extensive plans… for a 54‑unit drawing, concept… and a newer one for a 35‑unit building,’’ Porter said, and urged the council to help citizens obtain those materials. Several speakers — including Katie Lapatina and Jim Pamillo — urged the council to slow or block development at that location.

Council and staff response: Council members repeatedly emphasized limits on their authority and the city’s legal process. Alderman Mayer said the IHDA submission was a normal part of developers’ effort to secure tax credits and noted the IHDA process and its public records are separate from the city’s permitting process. Alderman Bruno and others pointed out the parcel already carried a site‑plan approval granted under a previous owner; that entitlement makes the site more attractive to developers and, in some cases, shortens the local review requirements if a subsequent submittal ‘‘substantially complies’’ with the entitled plan.

Several aldermen asked staff to post and make available the email chain and attachments being discussed. Mayor Burns and other council members said they would work to provide requested materials and noted that the Burton Foundation’s IHDA application was not awarded tax credits this cycle. The mayor and staff also said the city’s process requires any formal submission to be reviewed by staff, posted publicly, heard by the Planning & Zoning Commission, and then considered by the council.

Procedural action at the meeting: During public comment a council member moved to suspend the rules so councilors could respond to public remarks; the motion was seconded and approved by roll call. After the suspension passed, several aldermen spoke from the dais to explain Geneva’s zoning‑determination letters, the difference between concept materials and a formal application, and the limits of what the council can lawfully do before a formal submittal.

What was not decided: No zoning changes or development approvals were made at the March 3 meeting. City officials said the Burton Foundation has closed on the property but has not filed a formal application requiring Planning & Zoning public hearings; council members reiterated that any future formal application would trigger public notice and hearings.

Next steps and outstanding requests: Residents asked the city to release draft letters and attachments they say were referenced in staff emails; Porter said he has filed or intends to file FOIA requests. Council members encouraged residents to follow the city’s development page for formal filings and to use IHDA’s public portal for status on tax‑credit applications. Several aldermen said they would work to post the email chain and attachments for transparency.

Ending: The council did not take legislative action on the Third Street site during the meeting; the controversy is likely to recur if and when the Burton Foundation files a formal application or reintroduces an IHDA proposal.