Geneva aldermen accept $6K for abandoned Colony Drive right-of-way

GENEVA – For more than an hour Monday night, Geneva aldermen debated and wrangled about whether to vacate a .13 acre abandoned city right-of-way to a neighbor – but finally approved it 10-0 after the resident increased what she would pay the city to $6,000.

The issue was first discussed in January, when the council majority turned down the request to vacate the land, as it required eight yes votes, but only had seven – including the mayor – and one absent.

The offer from Ann Marren, of 278 Westfield Circle was $3,500 at that time. She raised it to $4,000, then to $6,000, which was finally accepted. Marren said she wanted the land added to her property because she had been taking care of it since 1994.

The developer of the Westhaven of Geneva subdivision in 1992 donated the land to the city as a right-of-way, located between two lots on Westhaven Circle. It was intended to be Colony Drive, a future connection to a commercial area. But instead of a commercial area, a church was built and the city no longer needed the right-of-way.

The 66-foot-wide right-of-way also has utilities requiring easements on three sides, and rendering the land not buildable, officials said.

Marren was one of three neighbors that the land could be vacated to, officials said. One is the church, which is not interested, and the other, a neighbor, withdrew his interest in January.

Though Mayor Kevin Burns participated in the first vote, City Administrator Stephanie Dawkins said state statute actually did not allow the mayor to vote on a property vacation, only the council members could.

Third Ward Alderman Dean Kilburg advocated to get appraisals before agreeing to sell the property to Marren.

“We’ve had this piece of property now for 19 years,” Kilburg said. “I don’t see why there has to be great urgency to dispose of it at this time. … I think this piece of property, assembled by one of the adjacent neighbors, is going to be worth a whole lot more than the $4,000 figure that’s been offered. I don’t know why we have resistance to an appraisal.”

Burns said the city would have to spend $4,000 “to assess a piece of property that is worth zip.”

Fifth Ward Alderman Robert Swanson said there were 28 vacant residential properties in Geneva comparable to what would have been Colony Drive.

But Burns argued that the Colony Drive land is not zoned residential and those other properties are not owned by the city.

“I’m trying to impute the value,” Swanson said.

“But it’s irrelevant because the value can’t be imputed when you’re talking about private property ownership and city ownership,” Burns said.

Fourth Ward Alderman Gabriel Kaven said in order to use an appraisal to judge property value, you need something to compare it to. Referring to the small parcels that Swanson spoke of, Kaven said if they can be built upon, then they are not comparable to Colony Drive because it can’t be built on.

Fourth Ward Alderwoman Amy Mayer urged support for vacating the property to Marren.

“I still think this is found money and we should celebrate the fact that she’s taken care of it for this long,” Mayer said. “(That) she’s going to give us any money for the property is a good thing, because nobody else would buy it.”

Second Ward Alderman Bradley Kosirog agreed, saying an appraisal is only worth what someone will pay for it – and the only person who can buy it has made an offer.

“There is no value to this property as it sits right now,” Kosirog said “It’s only liability. It’s only lawn-cutting. … It’s only trouble.”

After more than an hour, the council took a 10-minute recess. When they returned, Marren had increased her offer, which the full council accepted.