City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL OF THE CITY OF DEKALB January 23, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, January 23, 2012 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 6:00 p.m. A. ROLL CALL: City Clerk Kapitan called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary and Mayor Kris Povlsen. Also present were: Mark Biernacki, City Manager; Dean Frieders, City Attorney; William Feithen, Police Chief; Bruce Harrison, Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Jamie Smirz, Neighborhood Rehab Specialist/CDBG Coordinator; Jeff Birtell, I&T Technician; Steve Kapitan, City Clerk; and Diane Wright, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF THE IRONGATE DEVELOPMENT PROJECT. Mayor Povlsen asked that this item be removed from the Agenda because Shodeen could not attend the meeting. 2) CONSIDERATION OF A RESOLUTION DIRECTING COMPLIANCE WITH THE ILLINOIS OPEN MEETINGS ACT AND FREEDOM OF INFORMATION ACT FOR THE CITY OF DEKALB, DEKALB, ILLINOIS. Committee of the Whole Meeting January 23, 2012 Page 2 of 5 Mr. Frieders advised Council that under an amendment to the Open Meetings and Freedom of Information Acts, elected and certain appointed personnel are required to complete periodic training sessions. He added that these individuals will be required to print a copy of a certificate upon completion of the training. The proposed resolution, he said, identifies the individuals involved and sets up an annual monitoring program. Ald. Naylor inquired if appointed committees will be required to participate in the training. Mr. Frieders responded that it would apply to any committee that is subject to the Open Meetings Act. He added that his recommendation is for the City to be over-inclusive rather than under- inclusive in determining the required individuals. MOTION Ald. Lash moved to instruct staff to prepare a resolution directing compliance with the Illinois Open Meetings Act and Freedom of Information Act for formal Council approval; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF THE CDBG ACTION PLAN (ONE YEAR USE OF FUNDS) FOR PROGRAM YEAR 19 (APRIL 1, 2012 THROUGH MARCH 31, 2013). Ms. Smirz advised Council that each year an action plan must be prepared for HUD including a budget for the coming year. She noted that the plan is based on a five-year consolidation plan and the City is in year three. Ms. Smirz stated that HUD recommends that the City place special emphasis on returning Veterans and foreclosed properties. She added that staff will be working with the DeKalb County Veterans Administration and the NIU Veterans office to focus on Veterans. Additionally, staff will work with local realtors to emphasize the City’s priority in foreclosed homes. Ms. Smirz stated that staff is not including the floodplain program this year; currently there are no replacements for affordable housing. Ald. Lash stated that the first-time homebuyer program is a positive step for the community. Ald. Teresinski asked if there is any flexibility in the budget. Ms. Smirz responded that there is some flexibility, but staff has based their budget on HUDS’s recommendations. Ald. Teresinski inquired about the Elgin-based group and their involvement. Ms. Smirz replied that they have funds to purchase four (4) foreclosed properties and will put money to rehab them and sell to first-time homebuyers. Ald. Teresinski stated that he would be interested to see if the City can augment this in order to target more than the four foreclosed properties. MOTION Ald. Lash moved to direct staff to complete the draft CDBG Action Plan for public review with inclusion of the strategies and funding amounts for Program Year 19 (April 1, 2012 through March 31, 2013) as proposed; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed.  Committee of the Whole Meeting January 23, 2012 Page 3 of 5 4) CONSIDERATION OF APPROVAL OF BAXTER AND WOODMAN FOR DESIGN AND INSPECTION OF GURLER ROAD RECONSTRUCTION IMPROVEMENTS, FIRST STREET TO CORPORATE DRIVE. Mr. Maurer advised that the City has been awarded grant funds for the reconstruction of Gurler Road as part of the 2009 Capitol bill. The project includes funding for construction and inspection services, he said. Also, he stated that staff anticipates design work will be accomplished this winter with summer construction to be finished in August. Mr. Maurer advised that staff contacted firms with an RFP, and after reviewing them recommends that Baxter & Woodman be awarded the contract for both design and inspection. MOTION Ald. Teresinski moved to approve staff’s request to award the RFP to Baxter and Woodman for design and inspection of Gurler Road reconstruction improvements and instructed staff to bring back a resolution for formal Council approval; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 5) CONSIDERATION OF CONSULTANT ASSISTANCE FOR AN UPDATED ALLEY CONDITION INVENTORY AND DEVELOPMENT OF 2012 ALLEY MAINTENANCE PROGRAM. Mr. Maurer advised that the City hasn’t been able to utilize funds for the rebuilding of alleys due to the downsizing of staff. He requested that funds be used for consultant assistance to provide: 1) an alley condition inventory (approximately 70 hours); 2) field work and design (approximately 360 hours); and 3) sidewalk program for 2012 construction (285 hours). Mr. Maurer estimated that approximately $50,000 of TIF funds would be required for the consultants. He noted that less than $100,000 of the allotted $150,000 has been expended from the available funds. Additionally he said that the bids came in low for the 4th Street overlay, and as a result, the City will not be spending the total $190,000 budget for that project. Ald. Naylor stated that he supports the request. Ald. Teresinski asked for the status on what has been accomplished thus far on the alley program. Mr. Maurer replied that approximately half of the total is complete. Ald. Teresinski noted that the street inventory was last updated two to three years ago and asked if staff anticipates using a consultant also for a street inventory. Mr. Maurer replied that could be a consideration in another year as alleys are a priority now. Mayor Povlsen asked if an RFP would be required. Mr. Maurer replied that staff had success with a firm last year and would contact them to determine if their pricing is the same. He added that there are only one or two firms that could perform these duties. MOTION Ald. Naylor moved to approve staff’s request to hire consultant assistance up to $50,000 in TIF funds for designing alley and TIF sidewalk projects; seconded by Ald. Baker. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 6) CONSIDERATION OF A DISCUSSION ON PARLIAMENTARY PROCEDURE. Committee of the Whole Meeting January 23, 2012 Page 4 of 5 Mr. Frieders advised Council that the information provided in the backup material outlines some of the basic rules for motions under Robert’s Rules of Procedure. He noted that these can be very technical. He suggested that upon Council approval, staff can laminate the information or Council may wish to codify it as an ordinance. Mr. Frieders suggested that Council address verbiage relating to making motions and seconds because the current practice can be confusing. He recommended that Council update its rules of procedure in order that all Council Members have the same understanding. Mayor Povlsen asked if a motion can be made at anytime during a discussion. Mr. Frieders replied that there is no statutory requirement, and the decision falls to the Mayor. Council Members discussed the terms “delay” and “postpone” which Mr. Frieders clarified. Mr. Frieders noted that the goal is to have meaningful meetings and have motions that are understandable to all. Mayor Povlsen asked Mr. Frieders about the “second” to a motion. Mr. Frieders responded that there is no legal requirement that the City follow the procedure that a second to a motion is made when one immediately speaks after a motion is made. Discussion focused on abandoning the current procedure of seconding a motion when a Council Member speaks after a motion is made when that Council Member hasn’t stated their second or intended to second the motion. Mr. Kapitan pointed out that when an amendment is made, it is not clear at times, and the record needs to provide clarity of the motion. Ald. Gallagher stated that at times the technicality at meetings is ridiculous. He added that Council doesn’t need to adhere so strictly to Robert’s Rules and is not in favor of codifying or putting the procedures in an ordinance. Mr. Frieders stated that staff could provide a laminated copy for Council to have at their seats. He added that the procedures should be understood by all Council Members and recommended that a common set of verbiage for motions be used. Ald. Lash agreed that the procedures do not need to be codified as long as Council can refer to the recommendations at their seats. Mr. Frieders summarized that staff has received direction from Council to abandon the second on a motion as discussed previously and provide copies of the suggested procedures for Council. Mr. Kapitan suggested that Council view the minutes of the December 12th Council meeting regarding the architectural issue to see the confusion in current procedures. 7) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); COLLECTIVE BARGAINING 5 ILCS 120/2(c)(2); PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); PENDING LITIGATION 5 ILCS 120/2(c)(11); RISK MANAGEMENT 5 ILCS 120/2(c)(12); AND MINUTES OF CLOSED SESSIONS 5 ILCS 120/2(c)(21). MOTION Ald. Teresinski moved to approve staff’s request to hold a closed session to discuss personnel as provided for in 5 ILCS 120/2(c)(1); collective bargaining 5 ILCS 120/2(c)(2); purchase of real  Committee of the Whole Meeting January 23, 2012 Page 5 of 5 property 5 ILCS 120/2(c)(5); pending litigation 5 ILCS 120/2(c)(11); risk management 5 ILCS 120/2(c)(12); and minutes of closed sessions 5 ILCS 120/2(c)(21); seconded by Ald. Lash. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 6:40 p.m. Mayor Povlsen opened the meeting to the public at 7:02 p.m. D. ADJOURNMENT: MOTION Ald. Lash moved to adjourn the meeting; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 7:02 p.m. ______________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council February 13, 2011  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB January 23, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, January 23, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:07 p.m. A. ROLL CALL: City Clerk Kapitan called the roll and the following members of City Council were present: Mayor Kris Povlsen; Alderman David Jacobson., Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager, Dean Frieders, City Attorney; William Feithen, Police Chief; Bruce Harrison, Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Jamie Smirz, Neighborhood Rehab Specialist/CDBG Coordinator; Tom Cleveland, Assistant Public Works Director – Airport; Jeff Birtell, I&T Technician; Steve Kapitan, City Clerk; and Diane Wright, Deputy City Clerk. Additionally, Roger Hopkins, Economic Development Consultant was present. B. PLEDGE OF ALLEGIANCE: Ald. Jacobson led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Gallagher moved to approve the Agenda; seconded by Ald. Teresinski. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: I. SPECIAL ITEMS ● Prairie State Legal Services Annual Human Services Funding Report Ms. Charlene Riefler, attorney in the St. Charles branch office advised Council that Prairie State Legal Services serves DeKalb, Kane, Winnebago and other counties throughout Illinois. They Regular City Council Meeting Minutes January 23, 2012 Page 2 of 10 provide a variety of legal services including but not limited to human needs, domestic violence, and social issues. Ms. Riefler stated that in 2010 Prairie State served 209 DeKalb City residents at a value of $100,000 of legal services. She added that in the first two quarters of this year, they have represented 73 DeKalb residents out of 1,216 total clients. She noted that DeKalb represents approximately 6.2% of their services. Ms. Riefler thanked Council for the funding and requested that it continue to supplement their services. ● Park District Presentation - Cindy Capek, Director Ms. Cindy Capek, Director of the DeKalb Park District advised Council that in September 2008 the Park District wanted to develop a bike trail. She stated that Joel Maurer assisted with the project and initially estimated the cost at approximately $300,000. Joel applied for and received funding for Dresser Road improvements, got easements and was able to assist with the School District’s participation in sharing the cost of the project. Ms. Capek stated that Mr. Maurer was an integral participant of the committee in getting the bike trail. She added that the original budget of $300,000 diminished to $175,000, largely due to Joel’s achievements in receiving funding. Ms. Capek presented a Community Service Award for Advancing Parks and Recreation in Illinois to Joel Maurer for his work in implementing the bike trail and thanked him for his involvement. Finally, she said, the project would not have happened without Joel Maurer. II. CITIZENS’ COMMENTS Ms. Renee Kopulos, DeKalb, Illinois asked Council to consider the proposal from Hannah Dwyer regarding keeping hens on City property. Ms. Kopulos stated she has worked with chickens for fifteen years and believes the hens will benefit many people. She stated that the Plan Commission raised a concern about diseases that could be spread to humans. Ms. Kopulos stated that humans do not catch salmonella; it is contracted from eating infected meat or eggs. She added that chickens are no more of a threat to humans than are any other animals that are kept by humans. Finally, she said the hens provide organic eggs and produce manure for gardens. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Gallagher moved to approve the Consent Agenda; seconded by Ald. Naylor. Motion carried 8- 0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to approve the items on the Consent Agenda; seconded by Ald. Naylor. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: January 9, 2012 Regular Meeting: January 9, 2012 Approved in the Consent Agenda by Omnibus Vote.  Regular City Council Meeting Minutes January 23, 2012 Page 3 of 10 2. RECEIVE AND FILE: Liquor Commission Minutes: September 20, 2011 Citizen’s Environmental Commission Minutes: October 11 & November 2, 2011 Human Relations Commission Minutes: December 6, 2011 Safe/Quality Housing Task Force Minutes: December 13, 2011 Building Reports for 2011 Third & Fourth Quarter Finance Division Bank Balance & Bank Statement: November & December, 2011 Finance Division Quarter Two Investment Report Received and filed in the Consent Agenda by Omnibus Vote. 3. APPROVAL OF MAYOR APPOINTMENTS: NONE. F. PURCHASES AND BID AWARDS: NONE. G. PUBLIC HEARINGS: 1. PUBLIC HEARING ON THE CDBG ACTION PLAN (ONE YEAR USE OF FUNDS) FOR PROGRAM YEAR 19 (APRIL 1, 2012 THROUGH MARCH 31, 2013). Mayor Povlsen opened the Public Hearing at 7:20 p.m. There being no comments from the public, Mayor Povlsen closed the Public Hearing at 7:20 p.m. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: NONE. J. ORDINANCES – FIRST READING: NONE. K. RESOLUTIONS: 1. RESOLUTION 2012-01 ADOPTING THE TRANSPORTATION IMPROVEMENT PROGRAM FOR DEKALB TAYLOR MUNICIPAL AIRPORT FOR FISCAL YEARS 2013-2017. Mayor Povlsen read Resolution 2012-01 by title only. MOTION Ald. Teresinski moved to pass Resolution 2012-01; seconded by Ald. Naylor. Regular City Council Meeting Minutes January 23, 2012 Page 4 of 10 Mr. Cleveland advised Council that the State of Illinois Division of Aeronautics concurs with the City’s proposed Transportation Improvement Program and asked Council for approval. Ald. Jacobson noted that nothing is submitted for 2013. Mr. Cleveland replied that this was at the direction of Council, and there are still some projects that are approximately three years old including signage and drainage. He added that there is federal funding for those projects. Ald. Jacobson inquired about the Bright Star corporate hangar. Mr. Cleveland responded that the City purchased the hangar for snow removal equipment and plans to convert it back to a corporate hangar to secure a corporate flight department. Ald. Teresinski inquired about the land acquisition of 47 acres. Mr. Cleveland replied that this is for the Airport Layout Plan for future development of airport commercial business and facilities. VOTE Motion carried 7-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary. Mayor Povlsen declared the motion passed. 2. RESOLUTION 2012-02 ADOPTING THE DEKALB TAYLOR MUNICIPAL AIRPORT MARKETING PLAN FOR THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Resolution 2012-02 by title only. MOTION Ald. Gallagher moved to pass Resolution 2012-02; seconded by Ald. Naylor. Mr. Hopkins discussed the proposed Marketing Plan for the Airport. He noted that the number of competing airports in the region was taken into consideration with the Marketing Plan. Also, he said, businesses need to be viewed as a means to advance the operations at the Airport. Mr. Hopkins stated that nearly all of the hangars are occupied. Businesses need to be engaged to build facilities that will house aircraft, he said. Mr. Hopkins stated that the bulk of activity at the Airport is general aviation, and staff will continue to pursue development of commercial sites at the Airport, i.e. near the Peace and Pleasant intersection. Other sites adjoining that are potential warehouse sites, he said. Mr. Hopkins advised Council that staff is marketing the airport more effectively and has developed an Airport brochure. The next steps, he said, will be to actively mail the brochure to pilots and aircraft owners and send flyers to major businesses in the region. Additionally, better signage needs to be placed at the Airport, he said. Ald. Gallagher complimented Mr. Hopkins on the brochure. He asked if there are any events that could be held at the Airport. Mr. Hopkins responded that the G8 Summit is coming to Chicago and there may be an opportunity to attract some aircraft to DeKalb. Ald. Lash asked about the status of reorganization of the airport. Mr. Hopkins replied that is one of the recommendations in the Plan. He added that the airport must be brought to a “break even” point before it can be regionalized. Mr. Moore added that regionalization has been discussed with the  Regular City Council Meeting Minutes January 23, 2012 Page 5 of 10 Division of Aeronautics. He added that staff will bring more information to Council in the near future. Ald. Teresinski stated that the “break even” aspect is a high priority item from a budgetary standpoint. He added that other communities receive the benefit of the Airport and they should be able to contribute to it. Ald. Teresinski inquired about the status of the state-wide study of the Airport that was being done. Mr. Cleveland replied that the economic impact study will be released in the early spring and should be out before the City’s budget process. Mr. Hopkins stated that capabilities must be created to be more flexible about developing airport properties and working with developers on constructing hangars. Additionally, he said, larger doors for commercial aircraft are needed on the hangars. Ald. Teresinski encouraged Mr. Hopkins to provide a one-page action item list. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3. RESOLUTION 2012-03 ADOPTING THE SYCAMORE ROAD (IL 23) RETAIL MARKETING AND DEVELOPMENT PLAN FOR THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Resolution 2012-03 by title only. MOTION Ald. Jacobson moved to pass Resolution 2012-03; seconded by Ald. O’Leary. Mr. Hopkins stated that Sycamore Road is the center of the commercial and retail area around DeKalb, Sycamore and Cortland with 1.8 million square feet of retail space. He noted that housing, population and wealth are needed to drive growth. Mr. Hopkins reported that general merchandise is a strong performer in the retail area. Mr. Hopkins reviewed retail trends in DeKalb with other cities and university towns. He noted that DeKalb is slightly above the average in restaurant sales. He stated that furniture and appliance sales have increased since 2000; however, DeKalb still has an absence of furniture stores. Additionally, Mr. Hopkins reported that lumber sales are down, mainly due to the low housing market, and he is watching this area closely. Drugs have been steady and manufacturing has risen, he said. Apparel has gone up and down, he noted, and will be a main focus to target regional marketing activity in this area. Mr. Hopkins stated that auto and gas stations are under the state average and these sales are mainly driven by car dealers, he said. Mr. Hopkins stated that businesses want visibility directly on Sycamore Road and some sites that are vacant have difficulty being seen from Sycamore Road. He suggested consideration be given to developing new commercial sites with potential incentives offered to businesses on Peace Road or Route 38 to offset costs. Mr. Hopkins said that much of his focus, however, will be to fill existing vacancies. Regular City Council Meeting Minutes January 23, 2012 Page 6 of 10 Ald. Lash said that many of the retail jobs offer minimum wages and suggested that the City needs to incentivize businesses that are providing better wages for their employees. She added that she would prefer more locally-owned businesses. Ald. Teresinski expressed concern regarding the data that compares DeKalb to other communities from an overall perspective. However, he added that he doesn’t think DeKalb is missing any opportunities. Mr. Biernacki stated that the City needs to go after businesses; DeKalb cannot wait for them to call upon us. Ald. Teresinski requested that a one-page “top 5 action item list” be prepared and brought back to Council. Ald. Gallagher asked about the impact of the recent announcement that Mooney Auto will be selling its dealership. Mr. Hopkins replied that staff is working with the potential owners who have aggressive expansion plans. Ald. Gallagher asked about developing the area at Fairview and Peace; Mr. Hopkins responded that staff is creating options. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4. RESOLUTION 2012-04 RATIFYING THE CONTINUATION OF A PROFESSIONAL LEGAL SERVICES AGREEMENT WITH KLEIN, THORPE AND JENKINS, LTD. FOR HOUSING AND BUILDING CODE RELATED MATTERS. Mayor Povlsen read Resolution 2012-04 by title only. MOTION Ald. Teresinski moved to pass Resolution 2012-04; seconded by Ald. Gallagher. Mayor Povlsen reported that the City has experienced issues with housing and code enforcement. He added that he started a Task Force that focuses on housing issues. They have met for the past year and will be bringing forward some strong recommendations, he added. Mayor Povlsen stated that when the City was interviewing legal consulting firms, one of the finalist firms was Klein, Thorpe and Jenkins. He noted that although they were not hired, they made a favorable impression. He added that he has spoken with other Council Members who were in agreement to hire Klein, Thorpe and Jenkins for assistance with housing and building issues. They have done some preliminary work for the City and the Task Force has met with them and recommendations will be formalized, he said. Their fee to this point has exceeded expectations of $20,000 which is the point of authority that the City Manager can authorize, he added. Mr. Biernacki stated that they estimate the total cost of this project to be approximately $30,000-$35,000. He noted that the Resolution was written with a $40,000 cap to cover any unanticipated costs. Ald. Teresinski voiced his support and added it is important for the City to get control of code enforcement issues. He asked if Council will receive comparables with other cities on code issues.  Regular City Council Meeting Minutes January 23, 2012 Page 7 of 10 Mr. Biernacki replied affirmatively and added that they have performed research to that effect and have completed comps with other college towns. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 5. RESOLUTION 2012-07 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN AN AGREEMENT BETWEEN THE AMERICAN ASSOCIATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 813 AND THE CITY OF DEKALB FOR THE PERIOD BEGINNING JANUARY 1, 2011, THROUGH DECEMBER 31, 2013. Mayor Povlsen read Resolution 2012-07 by title only. MOTION Ald. Lash moved to pass Resolution 2012-07; seconded by Ald. Teresinski. Mr. Espiritu reported to Council that this signifies that two of the three City unions have now reached agreements with the City. He added that this is another example of how City employees recognize the difficult financial issues the City faces. Mr. Espiritu noted that AFSCME agreed to concessions including a revised retiree insurance plan for current City employees with eventual phase-out of costs to the City. Mayor Povlsen thanked Mr. Espiritu, staff and AFSCME for reaching an agreement. Ald. Teresinski also recognized the efforts and added that this is a huge step forward for the City to regulate the budget. VOTE Motion carried 7-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary. Mayor Povlsen declared the motion passed. 6. RESOLUTION 2012-08 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH POND CREEK, LLC PROVIDING FOR CITY DISPOSAL OF CLEAN FILL UPON DESIGNATED PROPERTY. Mayor Povlsen read Resolution 2012-08 by title only. MOTION Ald. Gallagher moved to pass Resolution 2012-08; seconded by Ald. Naylor. Mr. Moore reported to Council that the City generates “clean fill” as a result of water main breaks, etc. and must dispose of it. He stated that staff has reached an agreement with a local farm to dispose of the clean fill at a less expensive rate than the landfill. He advised Council that a City employee, Brian Faivre, is part of this farm. Mr. Moore stated that the agreement has been in place for a few years. He added that staff doesn’t have to separate the fill; thus, the agreement, he said, will save time and money. Regular City Council Meeting Minutes January 23, 2012 Page 8 of 10 Ald. Lash noted that Mr. Faivre receives approximately $300 per year from this agreement with the City. VOTE Motion carried 7-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary. Mayor Povlsen declared the motion passed. 7. RESOLUTION 2012-09 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN AN AGREEMENT FOR THE PURPOSE OF TRANSFERRING THE REMAINING BALANCE OF A FORGIVABLE LOAN FOR AN ARCHITECTURAL IMPROVEMENT PROGRAM PROJECT AT 226 EAST LINCOLN HIGHWAY TO PROPERTY LOCATED AT 260 EAST LINCOLN HIGHWAY. Mayor Povlsen read Resolution 2012-09 by title only. MOTION Ald. Gallagher moved to pass Resolution 2012-09; seconded by Ald. Baker. Mr. Biernacki advised Council that Mr. Witmer is selling Tapalaluna Restaurant and the purchaser intends to reopen the restaurant. He added that Mr. Witmer was granted an Architectural Improvement Project (AIP) loan in 2007 in the amount of $25,000. For the forgivable loan, Mr. Witmer agreed to maintain the ownership and operation of the business for a period of five (5) years, he said. Additionally, he said, the loan is reduced by 20% annually, and the current balance of the AIP loan is $5,000. Mr. Biernacki added that Mr. Witmer is requesting that the remaining eight (8) months of the AIP loan be transferred to his property located at 260 East Lincoln Highway (O’Leary’s Restaurant). Mr. Biernacki noted that these are similar circumstances to the AIP loan on his former restaurant at 241 East Lincoln Highway (Upper Deck) in which he was allowed to transfer the remaining AIP loan balance to O’Leary’s when he sold the Upper Deck. Mayor Povlsen stated that he fears that Tapalaluna could be vacant for some time with no revenue. He suggested that the agreement be amended to address this. Mr. Frieders replied that if that is Council’s direction, the Resolution could be approved subject to terms and conditions containing verbiage stipulating that Tapalaluna open within a certain period of time or the $5,000 would be due. Ald. Naylor asked “when is an agreement an agreement?” He added that he has difficulty supporting this agreement. Ald. Lash agreed with Ald. Naylor. Ald. Gallagher asked if the previous property of Mr. Witmer’s, 241 East Lincoln Highway was transferred to the new owner. Mr. Biernacki replied that Mr. Witmer retained the property but sold the business. In this instance, he said, both the property and business will be sold. Ald. Gallagher stated that Mr. Witmer made improvements to the Tapalaluna location and the downtown area benefitted from those improvements. He added that Mr. Witmer will still maintain another restaurant in the downtown area. Ald. Lash stated that the agreement was for five years and she has a problem with approving this request. Ald. Gallagher replied that language could be included that  Regular City Council Meeting Minutes January 23, 2012 Page 9 of 10 Mr. Witmer would be responsible for the loan balance if Tapalaluna doesn’t reopen by the end of the year. Ald. Baker stated that when the AIP program was developed, no one wanted to take advantage of it, but businesses began to realize it could improve the downtown area. He added that this building has improved and suggested that Council “let it go” and stated the City invested in this façade. Also, he said, this is not in the spirit of the original program. Mr. Biernacki added that business owners took a considerable risk locating in the downtown area. Also, he said, there are seven (7) months left on this five (5) year loan and suggested that it is in the best interest to transfer the balance to O’Leary’s and move on. Ald. Teresinski stated that he would have no problem with allowing Tapalaluna a reasonable amount of time to reopen. Ald. Jacobson stated that he would only support the request if Tapalaluna reopened. He added that this loan gave Mr. Witmer considerable value to his investment. Additionally he said he doesn’t have a problem with transferring the balance. Ald. Lash stated that the business has been closed for one month and asked how much time would Council allow the new business to open. Ald. Gallagher agreed with Ald. Baker to “let it go, and added that the City is much enhanced with the improvements made to the building. Finally, he said, he admires someone who took the risk of opening three businesses. Ald. Teresinski suggested that the balance be transferred to O’Leary’s until September. Mr. Biernacki added that is the time when the loan is fully forgivable. AMENDED MOTION Ald. Jacobson moved to amend Resolution 2012-09 to transfer the remaining balance on the AIP loan with language that Tapalaluna stay open for another year. Mr. Biernacki asked that the timeline be identified by which Tapalaluna reopen and stay open until September 2012. Ald. Jacobson clarified his amendment to state that the clawback is equal to the time that Tapalaluna opens; seconded by Ald. Teresinski. VOTE ON AMENDED MOTION Motion failed 3-4 on roll call vote. Aye: Jacobson, Teresinski, O’Leary. Nay: Lash, Gallagher, Naylor, Baker. Mayor Povlsen declared the motion defeated. VOTE Motion carried 4-3 on roll call vote. Aye: Teresinski, Gallagher, Baker, O’Leary. Nay: Jacobson, Lash, Naylor. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Mayor Povlsen acknowledged Public Works staff for their efforts in the snow removal from the latest storm. Regular City Council Meeting Minutes January 23, 2012 Page 10 of 10 Ald. Baker stated he received notice from Comcast that his rates will be raised $10 more. Mr. Biernacki replied he would talk with him after the meeting. Council Members congratulated the Huskies for their recent win at the bowl game. Council Members also congratulated Chief Harrison for his new position at Notre Dame. Ald. Gallagher asked drivers to slow down and drive safely during snow conditions. He thanked Mayor Povlsen for his work with the Task Force. Ald. Gallagher reminded all of the basketball game between DeKalb and Sycamore at the Convocation Center on Friday. Mr. Biernacki reminded Council of the Special Council meeting scheduled for tomorrow at 6:00 p.m. Mr. Kapitan responded to Ald. Baker’s comment regarding Comcast and stated it is in response to deregulation. M. RECESS FOR CLOSED SESSION: 1) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); COLLECTIVE BARGAINING 5 ILCS 120/2(c)(2); PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); PENDING LITIGATION 5 ILCS 120/2(c)(11); RISK MANAGEMENT 5 ILCS 120/2(c)(12); AND MINUTES OF CLOSED SESSIONS 5 ILCS 120/2(c)(21). MOTION Ald. Jacobson moved to approve staff’s request to hold a closed session to discuss personnel as provided for in 5 ILCS 120/2(c)(1); collective bargaining 5 ILCS 120/2(c)(2); purchase of real property 5 ILCS 120/2(c)(5); pending litigation 5 ILCS 120/2(c)(11); risk management 5 ILCS 120/2(c)(12); and minutes of closed sessions 5 ILCS 120/2(c)(21); seconded by Ald. Lash. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 8:46 pm. Mayor Povlsen opened the meeting to the public at 9:55 pm. N. ADJOURNMENT: Ald. Jacobson moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 9:55 p.m. DIANE K. WRIGHT, Deputy City Clerk Approved by City Council February 13, 2011