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City Council

Regular Meeting

DeKalb, IL · March 26, 2012

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Minutes

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB March 26, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, March 26, 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 Wright 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; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Ron Pearson, Interim Police Chief; Erick Hicks, Interim Fire Chief; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Derek Hiland, Principal Planner; Laura Pisarcik, Finance/Purchasing Director; Jennifer Diedrich, Economic Development Coordinator; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF HIRING A CONSTRUCTION MANAGER FOR THE PUBLIC SAFETY FACILITY TO BEGIN CONSTRUCTION IN 2012. Mr. Biernacki stated that last Thursday a Special Meeting was held in which presentations from three firms seeking a contract with the City to perform as the Construction Manager for the new Police Station were conducted. At the conclusion of the presentations, Council directed staff to approach Leopardo and Irving for final and best numbers. Mr. Biernacki summarized the two offers; Leopardo stated their offer is based on a $10 million building with a fifteen (15) month contract schedule at a cost of $1,123,172. Irving submitted their offer of fifteen (15) months at $972,500. Council discussed at length the two proposals, and asked extensive questions of PSA Dewberry, architects for the new Police Station: Mr. Larry Hlavecek, Business Unit Manager and Mr. Committee of the Whole Meeting March 26, 2012 Page 2 of 3 Jonathan Tallman, Architect; Leopardo Construction: Mr. Rick Mattiodo, President and Mr. Michael Behm, Senior Vice President; Irving Construction: Mr. Steve Irving, President. MOTION Ald. Gallagher moved to direct staff to prepare an agreement for the construction management of the new Police Station with Irving Construction to bring to Council for formal approval; seconded by Ald. Jacobson. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O'Leary, Povlsen. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF A DISCUSSION TO CHANGE FROM AN ELECTED CITY CLERK TO AN APPOINTED CITY CLERK. Mr. Biernacki stated included in the backup information are the duties of the City Clerk; both statutory duties as well as administrative along with a Memo from Attorney Frieders regarding appointed versus elected clerk. Also included, he said, are comparisons of salaries of City Clerks in Illinois. Staff asks for Council's direction on whether Council wants a referendum placed on the November ballot to change the Clerk's status from elected to appointed. Council discussed at length the merits of elected and appointed clerks, reducing the salary of the clerk, and responsibilities of the clerk. Mr. Biernacki suggested that Council consider a part-time clerk with a nominal salary of approximately $5,000 whose duties are solely covered under state statute and that the City hire a full time deputy under the purview of the City Manager. MOTION Ald. Gallagher moved to proceed with action to change the City Clerk position to an appointed Clerk; seconded by Ald. Teresinski. Mr. Biernacki stated that in this case the City would need to request a referendum for an appointed clerk to be considered in the November election. Mr. Frieders noted that Council has indicated favoring a reduction in compensation and possibly pursuing the referendum. MOTION TO AMEND Ald. Gallagher amended his motion to direct staff to prepare an ordinance to reduce the City Clerk's salary and additionally prepare an ordinance to place a referendum on the November ballot to change the City Clerk from an elected position to an appointed position; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 49 “HUMAN RELATIONS COMMISSION.” Not acted on in this meeting. 4) CONSIDERATION OF A DISCUSSION ON BACKYARD CHICKEN KEEPING IN THE CITY OF DEKALB, ILLINOIS. Not acted on in this meeting. Committee of the Whole Meeting March 26, 2012 Page 3 of 3 5) CONSIDERATION OF GENDER NEUTRAL ORDINANCE CHANGES. Not acted on in this meeting. 6) 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); WORKER’S COMPENSATION 5 ILCS 120/2(c)(12), AND MINUTES OF CLOSED SESSIONS 5 ILCS 120/2(c)(21). Not acted on in this meeting. D. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 7:11 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council April 9, 2012 MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB March 26, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, March 26, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:20 p.m. A. ROLL CALL: City Clerk Wright 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; Ron Pearson, Interim Police Chief; Erick Hicks, Interim Fire Chief; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Wes Hoadley, Lt. Police; Derek Hiland, Principal Planner; Laura Pisarcik, Finance/Purchasing Director; Jennifer Diedrich, Economic Development Coordinator; Jamie Smirz, Neighborhood Rehab Specialist/CDBG Coordinator; Mark Espy, Assistant Public Works Director- Operations/Maintenance; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Gallagher led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Baker moved to approve the 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. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: 1. SPECIAL ITEMS ● Proclamation: Earth Hour is March 31, 2012 from 8:30 p.m.-9:30 p.m. Mayor Povlsen read the Proclamation declaring Earth Hour on March 31, 2012 from 8:30-9:30 p.m. and presented it to Ms. Diedrich. Regular City Council Meeting Minutes March 26, 2012 Page 2 of 13 ● Proclamation: Girl Scouts’ 100th Anniversary Mayor Povlsen read the Proclamation declaring this as the 100th Anniversary of the Girl Scouts and presented it to representatives of the Girl Scouts. ● Report on Treatment of Parkway Trees Against Emerald Ash Bore Infestation Ms. Scott Schimer from the Illinois Department of Agriculture presented a report on the Emerald Ash Bore and discussed treatment of the trees affected by it. Council asked questions of Mr. Schimer and Mr. Espy stated that the City will need to decide on a treatment plan. ● Social Media Update Mr. Espiritu advised that the Citizens' Community Enhancement Commission suggested that the City join the social media and stated that the City's Facebook page will go live on April 2. Mr. Frieders cautioned Council that the Open Meetings Act restrictions will apply to comments on the Facebook page, and noted that if more than two aldermen make a comment, it could be an Open Meetings Act violation. He noted that Mr. Espiritu has developed a policy with a disclaimer so that the City would not responsible for the content posted by other Facebook posters. He added that staff will maintain a presence on the pages and monitor them regularly. 2. CITIZENS’ COMMENTS Mayor Povlsen noted that at times the comments move into a debate, and that is not the intent. He stated that the Code provides that citizens have the right to make comments, but they are statements and not questions to staff or Council and not intended as a cross examination. He stated that Council does want to hear from citizens, but Council and staff will no longer answer questions in this public forum. Ms. Lynn Fazekas, DeKalb, Illinois stated that in 2006 representatives of the Mayor attended the DeKalb Township meeting and placed on the ballot the issue that the United States begin rapid withdrawal from Iraq. She added that everyone is invited to attend the DeKalb Township meeting at 7:00 p.m. on April 10 regarding a vote on three questions for the November ballot. E. CONSENT AGENDA – OMNIBUS VOTE: Ald. Naylor asked to remove Items E6 and E7, Resolutions 12-29 and 12-30. MOTION Ald. Gallagher moved to approve the Consent Agenda as amended; 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. MOTION Ald. Lash moved to approve the items on the Consent Agenda as amended; 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. Regular City Council Meeting Minutes March 26, 2012 Page 3 of 13 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: March 12, 2012 Regular Meeting: March 12, 2012 Closed Session Minutes Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Airport Advisory Board Minutes: January 24, 2012 Environmental Commission Minutes: January 4, 2012 and February 1, 2012 Planning and Zoning Commission Minutes: January 11, 2012 Finance Division Bank Balance & Bank Statement: February 2012 Finance Division Check List: February 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. APPROVAL OF MAYOR APPOINTMENTS: None. 4. RESOLUTION 12-27 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH SAFE PASSAGE TO RECEIVE TIF FUNDS FOR A RENOVATION PROJECT. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 12-28 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO EXECUTE A CABLE FRANCHISE AGREEMENT WITH COMCAST CABLE FOR TEN YEARS. Approved in the Consent Agenda by Omnibus Vote. 8. RESOLUTION 12-31 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SUPPLEMENTAL ENGINEERING SERVICES AGREEMENT WITH WENDLER ENGINEERING SERVICES, INC. FOR THE FAIRVIEW DRIVE BIKEPATH. Approved in the Consent Agenda by Omnibus Vote. 9. RESOLUTION 12-32 APPROPRIATING SUPPLEMENTAL MOTOR FUEL TAX FUNDS IN THE AMOUNT OF $128,000 FOR THE FAIRVIEW DRIVE BIKEPATH BY THE CITY OF DEKALB, ILLINOIS, UNDER THE ILLINOIS HIGHWAY CODE. Approved in the Consent Agenda by Omnibus Vote. 6. RESOLUTION 12-29 Regular City Council Meeting Minutes March 26, 2012 Page 4 of 13 AUTHORIZING APPLICATION FOR PUBLIC TRANSPORTATION FINANCIAL ASSISTANCE FOR ADA IMPROVEMENTS TO TRANSVAC BUS STOPS IN DEKALB AND SYCAMORE. Mayor Povlsen read Resolution 12-29 by title only. MOTION Ald. Naylor moved to pass Resolution 12-29; seconded by Ald. Lash. Ald. Naylor noted that this Resolution and Resolution 12-30 is another effort by the City to provide enhancements for bikeways and the Transvac Bus system. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 7. RESOLUTION 12-30 SEEKING TRANSPORTATION ENHANCEMENT GRANT FUNDS FOR ELIGIBLE IMPROVEMENTS TO THE DEKALB-SYCAMORE BIKEWAYS SYSTEM. Mayor Povlsen read Resolution 12-30 by title only. MOTION Ald. Naylor moved to pass Resolution 12-30; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. F. PURCHASES AND BID AWARDS: 1. APPROVAL OF THE STATE OF ILLINOIS SALT CONTRACT. MOTION Ald. Gallagher moved to approve the State of Illinois salt contract; seconded by Ald. Teresinski. Mr. Espy stated that each year the State solicits bids for salt to secure the best price, and this year the City has the opportunity to lock in the price at $59.37 per ton. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 2. APPROVAL OF A REQUEST TO PURCHASE A SQUAD CAR FOR DETECTIVES. MOTION Ald. Lash moved to approve staff's request to purchase a squad car for detectives; seconded by Ald. Jacobson. Regular City Council Meeting Minutes March 26, 2012 Page 5 of 13 Lt. Hoadley stated that the 2012 Chevy Impala will replace the Crown Victoria. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 3. APPROVAL OF A RECOMMENDATION TO AWARD THE ANNIE GLIDDEN ROAD NORTHBOUND WIDENING IMPROVEMENTS PROJECT TO CURRAN CONTRACTING COMPANY IN THE AMOUNT OF $312,864.69. MOTION Ald. Teresinski moved to approve staff's recommendation to award the Annie Glidden Road northbound widening improvements project to Curran Contracting Company in the amount of $312,864.69; 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. G. PUBLIC HEARINGS: None. H. OLD BUSINESS: None. I. ORDINANCES – SECOND READING: 1. ORDINANCE 12-17 APPROVING AN AMENDMENT TO THE SPECIAL USE PERMIT TO ALLOW A BANK WITH A DRIVE-THROUGH ON PROPERTY ZONED “GC” GENERAL COMMERCIAL AT 130 WEST LINCOLN HIGHWAY TO NOW ALLOW FOR AN ELECTRONIC CHANGEABLE COPY SIGN. MOTION Ald. Gallagher moved to pass Ordinance 12-17; seconded by Ald. O'Leary. Mr. Hiland reported that Interim Police Chief Pearson spoke to the City of Sycamore and they reported no accidents were attributed to the changeable signs. He noted that the intent of the sign is for the message changing at a set timeframe. Council asked questions of Mr. Hiland regarding the restrictions and discussed the aspects of it. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-19 Regular City Council Meeting Minutes March 26, 2012 Page 6 of 13 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A DEVELOPMENT AGREEMENT WITH FIRST ROCKFORD GROUP, INC., FOR THE DEVELOPMENT OF 2062 SYCAMORE ROAD. Mayor Povlsen read Ordinance 12-19 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-19; seconded by Ald. Jacobson. Mr. Biernacki noted that the since the last meeting the County has approved their part of the agreement. Council asked further questions regarding the incentives, the vacancy of the building and reporting by Ulta to the City. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-19; seconded by Ald. Baker. Motion carried 7-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Baker, O'Leary, Povlsen; Pass: Jacobson; Nay: Naylor. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-19; seconded by Ald. Gallagher. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-20 REZONING PROPERTIES AT 2201 NORTH FIRST STREET (P.I.N.s 08-11-376- 004, 08-11-376-005, 08-11-376-007 AND 08-11-376-008) AND PROPERTIES LOCATED AT 1828, 1832, 1836, 1838 AND 2050 EAST LINCOLN HIGHWAY (P.I.N.s 08-24-354-010, 08-24-354-012, 08-24-354-013, 08-24-377-001, 08-24-377-012 AND 08-25-100-003) FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “LC” LIGHT COMMERCIAL. MOTION Ald. Jacobson moved to consider Ordinances 12-20, 12-21, 12-22 and 12-23 in Omnibus form; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mayor Povlsen read Ordinances 12-20, 12-21, 12-22 and 12-23 by titles only. MOTION Ald. Baker moved to receive and file Ordinances 12-20, 12-21, 12-22 and 12-23; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Regular City Council Meeting Minutes March 26, 2012 Page 7 of 13 Ald. Baker moved to waive second readings of Ordinances 12-20, 12-21, 12-22 and 12-23; 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. MOTION Ald. Naylor moved to pass Ordinances 12-20, 12-21, 12-22 and 12-23; seconded by Ald. Gallagher. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-21 REZONING PROPERTIES AT 1472, 1488 AND 1586 BARBER GREENE ROAD AND MADE UP OF P.I.N.s 08-12-454-008, 08-12-454-009 AND 08-12-454-003 FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “GC” GENERAL COMMERCIAL. Passed by Omnibus Vote. 4. ORDINANCE 12-22 REZONING PROPERTIES AT 1685 BARBER GREENE ROAD AND MADE UP OF P.I.N. 08-13-200-001 FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “LI” LIGHT INDUSTRIAL. Passed by Omnibus Vote. 5. ORDINANCE 12-23 REZONING PROPERTIES AT 155 HARVESTORE DRIVE AND MADE UP OF P.I.N. 08-34-300-017 AND TWO PARCELS LOCATED ON THE EAST SIDE OF ROUTE 23 AND DIRECTLY ACROSS FROM HARVESTORE DRIVE MADE UP OF P.I.N.S 08-35-502-002 AND 08-35-100-001 FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “HI” HEAVY INDUSTRIAL. Passed by Omnibus Vote. 6. ORDINANCE 12-24 PUBLISHING THE OFFICIAL ZONING MAP OF THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 12-24 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-24 seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-24; 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 Regular City Council Meeting Minutes March 26, 2012 Page 8 of 13 Ald. Naylor moved to pass Ordinance 12-24; seconded by Ald. Gallagher. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 7. ORDINANCE 12-25 APPROVING THE REDISTRICTING OF THE WARDS OF THE CITY FOLLOWING THE 2010 FEDERAL CENSUS AS PROVIDED FOR IN CHAPTER 3 OF THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 12-25 by title only. MOTION Ald. Teresinski moved to receive and file Ordinance 12-25; seconded by Ald. Jacobson. Mr. Biernacki noted that the City will file this map with the DeKalb County Clerk so that citizens may be aware of their ward changes. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 8. ORDINANCE 12-26 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 3, “CITY ADMINISTRATION,” SECTION 3.45, “MANAGEMENT BENEFITS PLAN,” PERTAINING TO INSURANCE. Mayor Povlsen read Ordinance 12-26 by title only. Mr. Frieders asked that Council approve Section 3.45(m) in this amendment. MOTION Ald. Gallagher moved to receive and file Ordinance 12-26; seconded by Ald. Jacobson. Mr. Biernacki noted that the intent of this amendment phasing out retiree health insurance for management employees; the IAFF and AFSCME unions have already phased this out, he noted. Council thanked staff for their efforts. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-26; 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. MOTION Regular City Council Meeting Minutes March 26, 2012 Page 9 of 13 Ald. Gallagher moved to pass Ordinance 12-26; 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. K. RESOLUTIONS: 1. RESOLUTION 12-33 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH PARDRIDGE INSURANCE, INC. FOR INSURANCE COVERAGE Mayor Povlsen read Resolution 12-33 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-33; seconded by Ald. Baker. Mr. Espiritu stated that pursuant to Council's direction, this Resolution and 12-34 were placed on the Agenda tonight; one will be approved. He provided the most recent recap of figures for both Pardridge and MICA. MOTION TO EXTEND MEETING At 8:50 p.m., Ald. Jacobson moved to extend the meeting past 9:00 p.m.; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Ms. Pisarcik provided information for Council on both firms and answered questions. Council discussed at length both proposals. Representatives from both firms provided input and additionally answered questions from Council. AMENDED MOTION Ald. Gallagher moved to amend Resolution 12-33 to include language in the exhibit of stop loss on worker's compensation liabilities; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-34 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH MUNICIPAL INSURANCE COOPERATIVE AGENCY (MICA) TO JOIN A RISK MANAGEMENT INSURANCE POOL, AND AUTHORIZING MEMBERSHIP IN THE MUNICIPAL SELF INSURANCE COOPERATIVE (MICA). Not acted on in the meeting. 3. RESOLUTION 12-35 Regular City Council Meeting Minutes March 26, 2012 Page 10 of 13 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB TO SIGN AN AGREEMENT WITH WILLIAM BLAIR & COMPANY, LLC FOR FINANCIAL ADVISOR SERVICES IN OBTAINING AND PROCESSING BONDS FOR A NEW POLICE STATION. Mayor Povlsen read Resolution 12-35 by title only. MOTION Ald. Baker moved to pass Resolution 12-35; seconded by Ald. Teresinski. Ms. Pisarcik introduced Ms. Elizabeth Hennessy of William Blair who provided a brief background of William Blair and their services. Ald. Jacobson inquired why the lowest bidder wasn’t selected; Ms. Pisarcik replied that William Blair has a vast knowledge with municipalities. VOTE Motion carried 7-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Nay: Jacobson. Mayor Povlsen declared the motion passed. 4. RESOLUTION 12-36 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH BEN GORDON MENTAL HEALTH CENTER-DISCOVERY HOUSE FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $7,900 FOR FUNDING VARIOUS PROJECTS. Council discussed considering Items K4 through K-13 in Omnibus form. Mayor Povlsen stated he would abstain from voting on Item K.4; Lash on K.6 and Naylor on K.9 Mayor Povlsen read Resolution 12-36 by title only. MOTION Ald. Jacobson moved to pass Resolution 12-36; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O'Leary. Abstain: Povlsen. Mayor Povlsen declared the motion passed. 5. RESOLUTION 12-37 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH COURT APPOINTED SPECIAL ADVOCATED (CASA) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $3,650 FOR FUNDING VARIOUS PROJECTS. MOTION Ald. Jacobson moved to consider Items K 5, 7, 8, 10, 11, 12 and 13 in Omnibus form; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mayor Povlsen read Resolutions 12-37, 12-39, 12-40, 12-42, 12-43, 12-44 and 12-45 by title only. Regular City Council Meeting Minutes March 26, 2012 Page 11 of 13 MOTION Ald. Gallagher moved to pass Resolutions 12-37, 12-39, 12-40, 12-42, 12-43, 12-44 and 12-45; seconded by Ald. Naylor. Motion carried on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O'Leary, Povlsen. Mayor Povlsen declared the motion passed. 6. RESOLUTION 12-38 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SUB-RECIPIENT AGREEMENT WITH CHILDREN’S LEARNING CENTER (CLC) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $3,200 FOR FUNDING VARIOUS PROJECTS. Mayor Povlsen read Resolution 12-38 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-38; seconded by Ald. Gallagher. Motion carried 7- 0-1 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Naylor, Baker, O'Leary, Povlsen. Abstain: Lash. Mayor Povlsen declared the motion passed. 7. RESOLUTION 12-39 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH DEKALB PARK DISTRICT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $2,300 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 8. RESOLUTION 12-40 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH ELDER CARE SERVICES OF DEKALB COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $3,650 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 9. RESOLUTION 12-41 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH HOPE HAVEN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $8,350 FOR FUNDING VARIOUS PROJECTS. Mayor Povlsen read Resolution 12-41 by title only. MOTION Ald. Gallagher moved to pass Resolution 12-41; seconded by Ald. Teresinski. Motion carried 7- 0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Baker, O'Leary, Povlsen. Abstain: Naylor. Mayor Povlsen declared the motion passed. 10. RESOLUTION 12-42 Regular City Council Meeting Minutes March 26, 2012 Page 12 of 13 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SUB-RECIPIENT AGREEMENT WITH NORTHERN ILLINOIS READING AND INFORMATION SERVICES (NIRIS) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $2,300 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 11. RESOLUTION 12-43 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SUB-RECIPIENT AGREEMENT WITH REGIONAL ACCESS AND MOBILIZATION PROJECT (RAMP) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $2,300 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 12. RESOLUTION 12-44 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH SAFE PASSAGE FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $13,575 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 13. RESOLUTION 12-45 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH VOLUNTARY ACTION CENTER (VAC) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $14,575 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. L. REPORTS – COMMUNICATIONS: Ald. Gallagher noted that sixty trees are being planted along Fairview Drive. Ald. Teresinski stated that there is an effort that deals with bullying in schools and would support the effort to address this issue. Additionally, he said the Safe/Quality Task Force is moving toward its final recommendations. Mayor Povlsen added that there is a meeting tomorrow at 4:00 p.m. Mr. Frieders noted that the risk insurance issue has been a very positive process. Interim Chief Pearson stated that all three suspects from the stabbing incident over the weekend are in custody. 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 Regular City Council Meeting Minutes March 26, 2012 Page 13 of 13 PROPERTY 5 ILCS 120/2(c)(5); PENDING LITIGATION 5 ILCS 120/2(c)(11); WORKER’S COMPENSATION 5 ILCS 120/2(c)(12), AND MINUTES OF CLOSED SESSIONS 5 ILCS 120/2(c)(21). MOTION Ald. Gallagher 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); Worker’s Compensation 5 ILCS 120/2(c)(12), and Minutes Of Closed Sessions 5 ILCS 120/2(c)(21); seconded by Ald. O'Leary. Motion carried 7-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O'Leary, Povlsen. Nay: Baker. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 9:48 pm. Mayor Povlsen opened the meeting to the public at 11:20 pm. N. ADJOURNMENT: Ald. Baker moved to adjourn the meeting; seconded by Ald. Teresinski Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 11:20 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council April 9, 2012 MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB March 26, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, March 26, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:20 p.m. A. ROLL CALL: City Clerk Wright 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; Ron Pearson, Interim Police Chief; Erick Hicks, Interim Fire Chief; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Wes Hoadley, Lt. Police; Derek Hiland, Principal Planner; Laura Pisarcik, Finance/Purchasing Director; Jennifer Diedrich, Economic Development Coordinator; Jamie Smirz, Neighborhood Rehab Specialist/CDBG Coordinator; Mark Espy, Assistant Public Works Director- Operations/Maintenance; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Gallagher led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Baker moved to approve the 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. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: 1. SPECIAL ITEMS ● Proclamation: Earth Hour is March 31, 2012 from 8:30 p.m.-9:30 p.m. Mayor Povlsen read the Proclamation declaring Earth Hour on March 31, 2012 from 8:30-9:30 p.m. and presented it to Ms. Diedrich. Regular City Council Meeting Minutes March 26, 2012 Page 2 of 13 ● Proclamation: Girl Scouts’ 100th Anniversary Mayor Povlsen read the Proclamation declaring this as the 100th Anniversary of the Girl Scouts and presented it to representatives of the Girl Scouts. ● Report on Treatment of Parkway Trees Against Emerald Ash Bore Infestation Ms. Scott Schimer from the Illinois Department of Agriculture presented a report on the Emerald Ash Bore and discussed treatment of the trees affected by it. Council asked questions of Mr. Schimer and Mr. Espy stated that the City will need to decide on a treatment plan. ● Social Media Update Mr. Espiritu advised that the Citizens' Community Enhancement Commission suggested that the City join the social media and stated that the City's Facebook page will go live on April 2. Mr. Frieders cautioned Council that the Open Meetings Act restrictions will apply to comments on the Facebook page, and noted that if more than two aldermen make a comment, it could be an Open Meetings Act violation. He noted that Mr. Espiritu has developed a policy with a disclaimer so that the City would not responsible for the content posted by other Facebook posters. He added that staff will maintain a presence on the pages and monitor them regularly. 2. CITIZENS’ COMMENTS Mayor Povlsen noted that at times the comments move into a debate, and that is not the intent. He stated that the Code provides that citizens have the right to make comments, but they are statements and not questions to staff or Council and not intended as a cross examination. He stated that Council does want to hear from citizens, but Council and staff will no longer answer questions in this public forum. Ms. Lynn Fazekas, DeKalb, Illinois stated that in 2006 representatives of the Mayor attended the DeKalb Township meeting and placed on the ballot the issue that the United States begin rapid withdrawal from Iraq. She added that everyone is invited to attend the DeKalb Township meeting at 7:00 p.m. on April 10 regarding a vote on three questions for the November ballot. E. CONSENT AGENDA – OMNIBUS VOTE: Ald. Naylor asked to remove Items E6 and E7, Resolutions 12-29 and 12-30. MOTION Ald. Gallagher moved to approve the Consent Agenda as amended; 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. MOTION Ald. Lash moved to approve the items on the Consent Agenda as amended; 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. Regular City Council Meeting Minutes March 26, 2012 Page 3 of 13 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: March 12, 2012 Regular Meeting: March 12, 2012 Closed Session Minutes Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Airport Advisory Board Minutes: January 24, 2012 Environmental Commission Minutes: January 4, 2012 and February 1, 2012 Planning and Zoning Commission Minutes: January 11, 2012 Finance Division Bank Balance & Bank Statement: February 2012 Finance Division Check List: February 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. APPROVAL OF MAYOR APPOINTMENTS: None. 4. RESOLUTION 12-27 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH SAFE PASSAGE TO RECEIVE TIF FUNDS FOR A RENOVATION PROJECT. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 12-28 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO EXECUTE A CABLE FRANCHISE AGREEMENT WITH COMCAST CABLE FOR TEN YEARS. Approved in the Consent Agenda by Omnibus Vote. 8. RESOLUTION 12-31 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SUPPLEMENTAL ENGINEERING SERVICES AGREEMENT WITH WENDLER ENGINEERING SERVICES, INC. FOR THE FAIRVIEW DRIVE BIKEPATH. Approved in the Consent Agenda by Omnibus Vote. 9. RESOLUTION 12-32 APPROPRIATING SUPPLEMENTAL MOTOR FUEL TAX FUNDS IN THE AMOUNT OF $128,000 FOR THE FAIRVIEW DRIVE BIKEPATH BY THE CITY OF DEKALB, ILLINOIS, UNDER THE ILLINOIS HIGHWAY CODE. Approved in the Consent Agenda by Omnibus Vote. 6. RESOLUTION 12-29 Regular City Council Meeting Minutes March 26, 2012 Page 4 of 13 AUTHORIZING APPLICATION FOR PUBLIC TRANSPORTATION FINANCIAL ASSISTANCE FOR ADA IMPROVEMENTS TO TRANSVAC BUS STOPS IN DEKALB AND SYCAMORE. Mayor Povlsen read Resolution 12-29 by title only. MOTION Ald. Naylor moved to pass Resolution 12-29; seconded by Ald. Lash. Ald. Naylor noted that this Resolution and Resolution 12-30 is another effort by the City to provide enhancements for bikeways and the Transvac Bus system. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 7. RESOLUTION 12-30 SEEKING TRANSPORTATION ENHANCEMENT GRANT FUNDS FOR ELIGIBLE IMPROVEMENTS TO THE DEKALB-SYCAMORE BIKEWAYS SYSTEM. Mayor Povlsen read Resolution 12-30 by title only. MOTION Ald. Naylor moved to pass Resolution 12-30; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. F. PURCHASES AND BID AWARDS: 1. APPROVAL OF THE STATE OF ILLINOIS SALT CONTRACT. MOTION Ald. Gallagher moved to approve the State of Illinois salt contract; seconded by Ald. Teresinski. Mr. Espy stated that each year the State solicits bids for salt to secure the best price, and this year the City has the opportunity to lock in the price at $59.37 per ton. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 2. APPROVAL OF A REQUEST TO PURCHASE A SQUAD CAR FOR DETECTIVES. MOTION Ald. Lash moved to approve staff's request to purchase a squad car for detectives; seconded by Ald. Jacobson. Regular City Council Meeting Minutes March 26, 2012 Page 5 of 13 Lt. Hoadley stated that the 2012 Chevy Impala will replace the Crown Victoria. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 3. APPROVAL OF A RECOMMENDATION TO AWARD THE ANNIE GLIDDEN ROAD NORTHBOUND WIDENING IMPROVEMENTS PROJECT TO CURRAN CONTRACTING COMPANY IN THE AMOUNT OF $312,864.69. MOTION Ald. Teresinski moved to approve staff's recommendation to award the Annie Glidden Road northbound widening improvements project to Curran Contracting Company in the amount of $312,864.69; 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. G. PUBLIC HEARINGS: None. H. OLD BUSINESS: None. I. ORDINANCES – SECOND READING: 1. ORDINANCE 12-17 APPROVING AN AMENDMENT TO THE SPECIAL USE PERMIT TO ALLOW A BANK WITH A DRIVE-THROUGH ON PROPERTY ZONED “GC” GENERAL COMMERCIAL AT 130 WEST LINCOLN HIGHWAY TO NOW ALLOW FOR AN ELECTRONIC CHANGEABLE COPY SIGN. MOTION Ald. Gallagher moved to pass Ordinance 12-17; seconded by Ald. O'Leary. Mr. Hiland reported that Interim Police Chief Pearson spoke to the City of Sycamore and they reported no accidents were attributed to the changeable signs. He noted that the intent of the sign is for the message changing at a set timeframe. Council asked questions of Mr. Hiland regarding the restrictions and discussed the aspects of it. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-19 Regular City Council Meeting Minutes March 26, 2012 Page 6 of 13 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A DEVELOPMENT AGREEMENT WITH FIRST ROCKFORD GROUP, INC., FOR THE DEVELOPMENT OF 2062 SYCAMORE ROAD. Mayor Povlsen read Ordinance 12-19 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-19; seconded by Ald. Jacobson. Mr. Biernacki noted that the since the last meeting the County has approved their part of the agreement. Council asked further questions regarding the incentives, the vacancy of the building and reporting by Ulta to the City. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-19; seconded by Ald. Baker. Motion carried 7-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Baker, O'Leary, Povlsen; Pass: Jacobson; Nay: Naylor. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-19; seconded by Ald. Gallagher. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-20 REZONING PROPERTIES AT 2201 NORTH FIRST STREET (P.I.N.s 08-11-376- 004, 08-11-376-005, 08-11-376-007 AND 08-11-376-008) AND PROPERTIES LOCATED AT 1828, 1832, 1836, 1838 AND 2050 EAST LINCOLN HIGHWAY (P.I.N.s 08-24-354-010, 08-24-354-012, 08-24-354-013, 08-24-377-001, 08-24-377-012 AND 08-25-100-003) FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “LC” LIGHT COMMERCIAL. MOTION Ald. Jacobson moved to consider Ordinances 12-20, 12-21, 12-22 and 12-23 in Omnibus form; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mayor Povlsen read Ordinances 12-20, 12-21, 12-22 and 12-23 by titles only. MOTION Ald. Baker moved to receive and file Ordinances 12-20, 12-21, 12-22 and 12-23; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Regular City Council Meeting Minutes March 26, 2012 Page 7 of 13 Ald. Baker moved to waive second readings of Ordinances 12-20, 12-21, 12-22 and 12-23; 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. MOTION Ald. Naylor moved to pass Ordinances 12-20, 12-21, 12-22 and 12-23; seconded by Ald. Gallagher. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-21 REZONING PROPERTIES AT 1472, 1488 AND 1586 BARBER GREENE ROAD AND MADE UP OF P.I.N.s 08-12-454-008, 08-12-454-009 AND 08-12-454-003 FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “GC” GENERAL COMMERCIAL. Passed by Omnibus Vote. 4. ORDINANCE 12-22 REZONING PROPERTIES AT 1685 BARBER GREENE ROAD AND MADE UP OF P.I.N. 08-13-200-001 FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “LI” LIGHT INDUSTRIAL. Passed by Omnibus Vote. 5. ORDINANCE 12-23 REZONING PROPERTIES AT 155 HARVESTORE DRIVE AND MADE UP OF P.I.N. 08-34-300-017 AND TWO PARCELS LOCATED ON THE EAST SIDE OF ROUTE 23 AND DIRECTLY ACROSS FROM HARVESTORE DRIVE MADE UP OF P.I.N.S 08-35-502-002 AND 08-35-100-001 FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “HI” HEAVY INDUSTRIAL. Passed by Omnibus Vote. 6. ORDINANCE 12-24 PUBLISHING THE OFFICIAL ZONING MAP OF THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 12-24 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-24 seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-24; 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 Regular City Council Meeting Minutes March 26, 2012 Page 8 of 13 Ald. Naylor moved to pass Ordinance 12-24; seconded by Ald. Gallagher. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 7. ORDINANCE 12-25 APPROVING THE REDISTRICTING OF THE WARDS OF THE CITY FOLLOWING THE 2010 FEDERAL CENSUS AS PROVIDED FOR IN CHAPTER 3 OF THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 12-25 by title only. MOTION Ald. Teresinski moved to receive and file Ordinance 12-25; seconded by Ald. Jacobson. Mr. Biernacki noted that the City will file this map with the DeKalb County Clerk so that citizens may be aware of their ward changes. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 8. ORDINANCE 12-26 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 3, “CITY ADMINISTRATION,” SECTION 3.45, “MANAGEMENT BENEFITS PLAN,” PERTAINING TO INSURANCE. Mayor Povlsen read Ordinance 12-26 by title only. Mr. Frieders asked that Council approve Section 3.45(m) in this amendment. MOTION Ald. Gallagher moved to receive and file Ordinance 12-26; seconded by Ald. Jacobson. Mr. Biernacki noted that the intent of this amendment phasing out retiree health insurance for management employees; the IAFF and AFSCME unions have already phased this out, he noted. Council thanked staff for their efforts. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-26; 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. MOTION Regular City Council Meeting Minutes March 26, 2012 Page 9 of 13 Ald. Gallagher moved to pass Ordinance 12-26; 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. K. RESOLUTIONS: 1. RESOLUTION 12-33 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH PARDRIDGE INSURANCE, INC. FOR INSURANCE COVERAGE Mayor Povlsen read Resolution 12-33 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-33; seconded by Ald. Baker. Mr. Espiritu stated that pursuant to Council's direction, this Resolution and 12-34 were placed on the Agenda tonight; one will be approved. He provided the most recent recap of figures for both Pardridge and MICA. MOTION TO EXTEND MEETING At 8:50 p.m., Ald. Jacobson moved to extend the meeting past 9:00 p.m.; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Ms. Pisarcik provided information for Council on both firms and answered questions. Council discussed at length both proposals. Representatives from both firms provided input and additionally answered questions from Council. AMENDED MOTION Ald. Gallagher moved to amend Resolution 12-33 to include language in the exhibit of stop loss on worker's compensation liabilities; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-34 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH MUNICIPAL INSURANCE COOPERATIVE AGENCY (MICA) TO JOIN A RISK MANAGEMENT INSURANCE POOL, AND AUTHORIZING MEMBERSHIP IN THE MUNICIPAL SELF INSURANCE COOPERATIVE (MICA). Not acted on in the meeting. 3. RESOLUTION 12-35 Regular City Council Meeting Minutes March 26, 2012 Page 10 of 13 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB TO SIGN AN AGREEMENT WITH WILLIAM BLAIR & COMPANY, LLC FOR FINANCIAL ADVISOR SERVICES IN OBTAINING AND PROCESSING BONDS FOR A NEW POLICE STATION. Mayor Povlsen read Resolution 12-35 by title only. MOTION Ald. Baker moved to pass Resolution 12-35; seconded by Ald. Teresinski. Ms. Pisarcik introduced Ms. Elizabeth Hennessy of William Blair who provided a brief background of William Blair and their services. Ald. Jacobson inquired why the lowest bidder wasn’t selected; Ms. Pisarcik replied that William Blair has a vast knowledge with municipalities. VOTE Motion carried 7-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Nay: Jacobson. Mayor Povlsen declared the motion passed. 4. RESOLUTION 12-36 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH BEN GORDON MENTAL HEALTH CENTER-DISCOVERY HOUSE FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $7,900 FOR FUNDING VARIOUS PROJECTS. Council discussed considering Items K4 through K-13 in Omnibus form. Mayor Povlsen stated he would abstain from voting on Item K.4; Lash on K.6 and Naylor on K.9 Mayor Povlsen read Resolution 12-36 by title only. MOTION Ald. Jacobson moved to pass Resolution 12-36; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O'Leary. Abstain: Povlsen. Mayor Povlsen declared the motion passed. 5. RESOLUTION 12-37 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH COURT APPOINTED SPECIAL ADVOCATED (CASA) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $3,650 FOR FUNDING VARIOUS PROJECTS. MOTION Ald. Jacobson moved to consider Items K 5, 7, 8, 10, 11, 12 and 13 in Omnibus form; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mayor Povlsen read Resolutions 12-37, 12-39, 12-40, 12-42, 12-43, 12-44 and 12-45 by title only. Regular City Council Meeting Minutes March 26, 2012 Page 11 of 13 MOTION Ald. Gallagher moved to pass Resolutions 12-37, 12-39, 12-40, 12-42, 12-43, 12-44 and 12-45; seconded by Ald. Naylor. Motion carried on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O'Leary, Povlsen. Mayor Povlsen declared the motion passed. 6. RESOLUTION 12-38 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SUB-RECIPIENT AGREEMENT WITH CHILDREN’S LEARNING CENTER (CLC) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $3,200 FOR FUNDING VARIOUS PROJECTS. Mayor Povlsen read Resolution 12-38 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-38; seconded by Ald. Gallagher. Motion carried 7- 0-1 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Naylor, Baker, O'Leary, Povlsen. Abstain: Lash. Mayor Povlsen declared the motion passed. 7. RESOLUTION 12-39 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH DEKALB PARK DISTRICT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $2,300 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 8. RESOLUTION 12-40 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH ELDER CARE SERVICES OF DEKALB COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $3,650 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 9. RESOLUTION 12-41 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH HOPE HAVEN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $8,350 FOR FUNDING VARIOUS PROJECTS. Mayor Povlsen read Resolution 12-41 by title only. MOTION Ald. Gallagher moved to pass Resolution 12-41; seconded by Ald. Teresinski. Motion carried 7- 0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Baker, O'Leary, Povlsen. Abstain: Naylor. Mayor Povlsen declared the motion passed. 10. RESOLUTION 12-42 Regular City Council Meeting Minutes March 26, 2012 Page 12 of 13 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SUB-RECIPIENT AGREEMENT WITH NORTHERN ILLINOIS READING AND INFORMATION SERVICES (NIRIS) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $2,300 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 11. RESOLUTION 12-43 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SUB-RECIPIENT AGREEMENT WITH REGIONAL ACCESS AND MOBILIZATION PROJECT (RAMP) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $2,300 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 12. RESOLUTION 12-44 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH SAFE PASSAGE FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $13,575 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. 13. RESOLUTION 12-45 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A SUB-RECIPIENT AGREEMENT WITH VOLUNTARY ACTION CENTER (VAC) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $14,575 FOR FUNDING VARIOUS PROJECTS. Passed by Omnibus Vote. L. REPORTS – COMMUNICATIONS: Ald. Gallagher noted that sixty trees are being planted along Fairview Drive. Ald. Teresinski stated that there is an effort that deals with bullying in schools and would support the effort to address this issue. Additionally, he said the Safe/Quality Task Force is moving toward its final recommendations. Mayor Povlsen added that there is a meeting tomorrow at 4:00 p.m. Mr. Frieders noted that the risk insurance issue has been a very positive process. Interim Chief Pearson stated that all three suspects from the stabbing incident over the weekend are in custody. 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 Regular City Council Meeting Minutes March 26, 2012 Page 13 of 13 PROPERTY 5 ILCS 120/2(c)(5); PENDING LITIGATION 5 ILCS 120/2(c)(11); WORKER’S COMPENSATION 5 ILCS 120/2(c)(12), AND MINUTES OF CLOSED SESSIONS 5 ILCS 120/2(c)(21). MOTION Ald. Gallagher 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); Worker’s Compensation 5 ILCS 120/2(c)(12), and Minutes Of Closed Sessions 5 ILCS 120/2(c)(21); seconded by Ald. O'Leary. Motion carried 7-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O'Leary, Povlsen. Nay: Baker. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 9:48 pm. Mayor Povlsen opened the meeting to the public at 11:20 pm. N. ADJOURNMENT: Ald. Baker moved to adjourn the meeting; seconded by Ald. Teresinski Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 11:20 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council April 9, 2012