City Council

MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB April 9, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, April 9, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:27 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 (arrived at 7:29 p.m.), 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; Eric Hicks, Interim Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Derek Hiland, Principal Planner; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Teresinski 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 7-0- 1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O'Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: i. SPECIAL ITEMS ● Police Department Award from Employee Support for Guard and Reserves: Angel Reyes: Air Force National Guard Robert Redel: Supervisor of Angel Reyes Mario Nonenmann: Air Force National Guard Jose Jacques: Army National Guard Bryan Soderstrom: Army National Guard Darrick Wesson: Army Reserve Regular City Council Meeting Minutes April 9, 2012 Page 2 of 10 Chief Pearson introduced Mr. Robert Schwieder of the Employer Support of the Guard and Reserve (ESGR) who announced that Detective Reyes nominated the City of DeKalb for the Patriotic Employer Award for the City's support of the staff in the Guard. Mr. Schwieder thanked the City and presented the award. Mayor Povlsen thanked Angel Reyes, Mario Nonenmann, Jose Jacques, Bryan Soderstrom and Darrick Wesson for the efforts in the Guard on behalf of the citizens. Ald. Jacobson arrived at 7:29 p.m. ● Presentation: Business Districts, Inc. Report on DeKalb Retail Survey Mr. Hiland introduced Ms. Bridget Lane who gave a presentation on the Retail Survey recently performed. She provided the results of the survey which focuses on retail, and restaurants. She stated that the full survey is available through Mr. Hiland's office. Council asked questions of Ms. Lane on the results. ● Presentation: Sycamore Film Festival/DeKalb Film Fest Ms. Sheila Lahey showed a film recently produced of the history of Sycamore and stated she would like to do a similar one for DeKalb. ● Police Station Design Update: PSA Dewberry Mr. Larry Hlavacek of PSA Dewberry provided an update for Council on the design of the new Police Station. He noted that efforts began in December to identify zoning and building issues. They interviewed all areas of the Police Department to collect data and commenced with the design of the interior of the building. Additionally, they have met with other agencies, he said. Mr. Brian Meade, Design Director gave a presentation of the Police Station drawings, to date. There are 25 public parking spaces with 76 staff parking spaces, he said. He noted that it is a 3.5 acre site; the first floor is approximately 25,500 square feet and the second floor approximately 10,000 square feet. A partial basement of approximately 8,500 square feet (40% of which would be finished in Phase I) includes the Emergency Operations Command Center, space for a future firing range. Mr. Hlavacek noted that ground breaking could commence this summer. Council asked questions of PSA Dewberry regarding the plans. MOTION TO EXTEND MEETING At 8:29 p.m., Ald. Gallagher moved to extend the meeting past 9:00 p.m.; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. ● Emerald Ash Borer Action Plan Mr. Moore advised Council that staff recommends a pilot program to treat as many trees as possible at a cost of $25,000 for five (5) years. This could include approximately 500 trees, he said. Mr. Moore stressed that time is of the essence in commencing treatment. Council discussed at length and asked questions regarding treatment of trees and/or eradication. Mr. Dave Clanton, Commercial Arborist with Clanton Tree provided a handout to Council and City Manager regarding his background with the emerald ash borer. He stated that Council does  Regular City Council Meeting Minutes April 9, 2012 Page 3 of 10 not have the time to bid the job and the bidding process should be foregone because he is qualified to handle the situation. He added he will guarantee his work and will stop the borer from doing further damage. Mr. Scott Bennett, DeKalb, Illinois spoke about his father's recommendations years ago regarding the Dutch Elm trees. He noted that his father stressed two trees of the same species should not be planted next to each other, but the City refused his advice. He asked that part of the City's action plan include a policy that applies to future plantings not having the trees of the same species planted within 200' in any direction. Council discussed the expenditure of the emerald ash borer action plan at length. It was the consensus that staff would bring back bids quickly for Council to consider. II. CITIZENS’ COMMENTS Ms. Melissa Burlingame spoke in favor of chicken keeping in the City of DeKalb. She asked Council to reconsider the issue. Ms. Kay Shelton, DeKalb, Illinois noted that other cities allow chickens. Additionally, she stated that not enough people value the right to vote and encouraged all to attend the Township meeting tomorrow at 7:00 p.m. Mr. Mark Charvat, DeKalb, Illinois also encouraged people to attend the Township meeting. Additionally, he referred to Ald. Gallagher's comment about "repeat offenders" who request information through the Freedom of Information Act. He asked that respect be given to the FOIA and to take it seriously. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Baker moved to approve the Consent 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. MOTION Ald. Jacobson moved to approve the items on the Consent Agenda; seconded by Ald. Baker. 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: Special Meeting: March 22, 2012 Committee of the Whole: March 26, 2012 Regular Meeting: March 26, 2012 Closed Session Minutes Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Regular City Council Meeting Minutes April 9, 2012 Page 4 of 10 Citizens’ Community Enhancement Commission Minutes: December 19, 2011 Human Relations Commission Minutes: February 7, 2012, March 6, 2012 Airport Advisory Board Minutes: February 21, 2012 Engineering Report: March 2012 Police Department 2011 Annual Report (Distributed under separate cover) Received and filed in the Consent Agenda by Omnibus Vote. 3. APPROVAL OF MAYOR APPOINTMENTS: None. E. PURCHASES AND BID AWARDS: None. F. PUBLIC HEARINGS: None. H. OLD BUSINESS: None. I. ORDINANCES – SECOND READING: 1. 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. Baker moved to pass Ordinance 12-25; seconded by Ald. O'Leary. Ms. Kay Shelton, DeKalb, Illinois, stated that many citizens are concerned they will have to wait six years to vote for an alderman due to the redistricting. Mr. Mark Charvat, DeKalb, Illinois, echoed Ms. Shelton's comments. Ald. Teresinski asked for clarification that this occurs every ten years in the same manner; Mr. Biernacki affirmed it is the same process. Mayor Povlsen added that the Council represents the entire City; aldermen are elected from certain wards, but Council represents all the citizens. 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.  Regular City Council Meeting Minutes April 9, 2012 Page 5 of 10 J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-27 AUTHORIZING THE USE OF TAX INCREMENT FINANCING (TIF) FUNDS FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 624 NORTH ELEVENTH STREET FOR THE PURPOSE OF THE RESIDENT OFFICER PROGRAM. Mayor Povlsen read Ordinance 12-27 by title only. MOTION I Ald. Teresinski moved to receive and file Ordinance 12-27; seconded by Ald. Lash. Mr. Biernacki provided Council with the background of the Resident Officer Program (ROP). He noted that this property is a multi-family and will be converted to single family. Also, he introduced Officer Jared Burke and his wife Tara who will be moving into the home. He added that Officer Burke's responsibilities will be in the neighborhood he resides. Additionally Mr. Biernacki stated that when Council approves this, then part of the upcoming budget deliberations will include Council replacing Officer Burke in his position in that he will be stationed in this neighborhood. Council discussed the expenditure, the ROP and expenses toward the conversion to single family home status. VOTE I Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION II Ald. Gallagher moved to waive second reading of Ordinance 12-27; seconded by Ald. Lash. 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. MOTION III Ald. Teresinski moved to pass Ordinance 12-27; seconded by Ald. Lash. 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. 2. ORDINANCE 12-28 FIXING THE SALARY AND COMPENSATION OF THE MAYOR OF THE CITY OF DEKALB, ILLINOIS FOR AND DURING THE TERM OF OFFICE COMMENCING MAY 2013, AND THEREAFTER. Mayor Povlsen read Ordinance 12-28 by title only. MOTION I Ald. Teresinski moved to receive and file Ordinance 12-28; seconded by Ald. Gallagher. Regular City Council Meeting Minutes April 9, 2012 Page 6 of 10 MOTION II TO AMEND Ald. Naylor moved to amend Ordinance 12-28 to delete insurance coverage for the Mayor; seconded by Ald. Baker. Motion carried 4-3 on roll call vote. Aye: Lash, Gallagher, Naylor, Baker. Nay: Jacobson, Teresinski, O'Leary. Mayor Povlsen declared the motion passed. MOTION III TO AMEND Ald. Baker moved to amend Ordinance 12-28 to increase the salary to $35,000; seconded by Ald. Jacobson. Motion failed 1-6 on roll call vote. Aye: Baker. Nay: Jacobson, Teresinski, Lash, Gallagher, Naylor, O'Leary. Mayor Povlsen declared the motion failed. Mr. Biernacki suggested that Council direct staff to bring back a comparable study of salaries; Council concurred. VOTE I Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-29 FIXING THE SALARY AND COMPENSATION OF ALDERMEN OF THE CITY OF DEKALB, ILLINOIS, FOR AND DURING THE TERM OF OFFICE COMMENCING MAY 2013, AND THEREAFTER. Mayor Povlsen read Ordinance 12-29 by title only. MOTION I Ald. Gallagher moved to receive and file Ordinance 12-29; seconded by Ald. Lash. MOTION II TO AMEND Ald. Baker moved to amend Ordinance 12-29 to increase the salary for the Aldermen. Motion died for lack of a second. VOTE I Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4. ORDINANCE 12-30 FIXING THE SALARY AND COMPENSATION OF THE CITY CLERK OF THE CITY OF DEKALB, ILLINOIS AT $5,000 PER YEAR COMMENCING MAY 2013, AND THEREAFTER. Mayor Povlsen read Ordinance 12-30 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-30; seconded by Ald. Baker. Ald. Lash noted that it is not fair that the salary is below that of aldermen, and would like it to be equal. Ald. Jacobson and Ald. O'Leary agreed. Mayor Povlsen noted that this position is not a policy maker and the Clerk could be part time and not involved in day-to-day operations. He added that it is vital that the office maintain staff with  Regular City Council Meeting Minutes April 9, 2012 Page 7 of 10 professional skills necessary to perform the job and not be voted in by the whim of the citizens. He added that the former Clerk did not have the skills necessary to do the job of City Clerk and Council would be irresponsible if they did not change the salary. He added the Clerk would still be in the office and represent citizens and perform the statutory requirements, but someone must be there with the professional skills necessary. Ms. Kay Shelton stated that if the proposed referendum fails and the voters choose to keep an elected clerk, this will reduce that salary. She added if the clerk is appointed, this question is moot. Also, she said, some citizens do not like this idea, and Council is supposed to be setting the salaries a specific number of days prior to the election, but Council is already reducing the salary. Finally, she said, $5,000 is not much and fewer people will run for the office. Mr. Mark Charvat noted that the last referendum for an appointed clerk failed. He stated that Council expects the clerk to keep regular business hours. He added he has spoken to citizens who do not like this idea and they want someone who is voted in the office. Also, he said, this person is truly the face of the City, and it is a policy making position. He added that the appointment is made by the City Manager and there will be two salaries. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 5. ORDINANCE 12-31 AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 225 LOCUST STREET (PARKING LOT 5) WITH TAX INCREMENT FINANCING FUNDS. Mayor Povlsen read Ordinance 12-31 by title only. MOTION I Ald. Baker moved to receive and file Ordinance 12-31; seconded by Ald. Gallagher. Motion carried on voice vote. MOTION II Ald. Gallagher moved to waive second reading of Ordinance 12-31; 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 III Ald. Gallagher moved to pass Ordinance 12-31; 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 12-46 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH IRVING CONSTRUCTION FOR Regular City Council Meeting Minutes April 9, 2012 Page 8 of 10 CONSTRUCTION MANAGER SERVICES FOR THE PUBLIC SAFETY FACILITY IN AN AMOUNT NOT TO EXCEED $972,000. Mayor Povlsen read Resolution 12-46 by title only. MOTION Ald. Lash moved to pass Resolution 12-46; seconded by Ald. O'Leary. Motion carried 7-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Baker, O'Leary, Povlsen. Nay: Naylor. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-47 RESOLVING THAT A PUBLIC QUESTION REFERENDUM BE PLACED ON THE NOVEMBER 6, 2012 GENERAL ELECTION BALLOT FOR THE CITY OF DEKALB, ILLINOIS ASKING IF THE CITY CLERK OF THE CITY OF DEKALB, ILLINOIS BE APPOINTED BY THE MAYOR, WITH THE ADVICE AND CONSENT OF THE CITY COUNCIL, RATHER THAN ELECTED, AND SHALL COMMENCE WITH THE FIRST REGULAR MEETING OF THE CITY COUNCIL IN MAY, 2013. Mayor Povlsen read Resolution 12-47 by title only. MOTION I Ald. Gallagher moved to pass Resolution 12-47; seconded by Ald. Baker. Mr. Biernacki stated that by passing the resolution and putting the referendum for the public, the City is assured a better process of selecting a person with the best credentials. MOTION II TO AMEND Ald. Naylor moved to amend Resolution 12-47 to state that the City Clerk be appointed by the City Manager; seconded by Ald. Gallagher. Mr. Frieders recommended the language state the City Clerk be selected by the City Manager with the advice and consent of the Mayor and City Council. Ald. Naylor confirmed this is his motion. VOTE II TO AMEND Motion carried 6-2 on roll call vote. Aye: Teresinski, Gallagher, Naylor, Baker, O'Leary, Povlsen. Nay: Jacobson, Lash. Mayor Povlsen declared the motion passed. Ms. Kay Shelton stated that putting the City Manager language in the referendum will insure that the citizens will vote it down. VOTE I Motion carried 6-2 on roll call vote. Teresinski, Gallagher, Naylor, Baker, O'Leary, Povlsen. Nay: Jacobson, Lash. Mayor Povlsen declared the motion passed. Ald. Gallagher left the meeting at 9:55 p.m.  Regular City Council Meeting Minutes April 9, 2012 Page 9 of 10 3. RESOLUTION 12-48 AUTHORIZING THE CITY OF DEKALB, ILLINOIS TO EXECUTE A ROUTE 38 HIGHWAY PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF NEW ENTRANCES AND SANITARY SEWER WORK BY CVS PHARMACY CONTRACTORS ON WEST LINCOLN HIGHWAY. Mayor Povlsen read Resolution 12-48 by title only. MOTON Ald. Teresinski moved to pass Resolution 12-48; seconded by Ald. O'Leary. Motion carried 7-0- 1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O'Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. 4. RESOLUTION 12-49 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN CONTRACT WITH ROUTEMATCH SOFTWARE, INC. TO INSTALL REAL TIME FLEX ROUTE MANAGEMENT SOFTWARE IN THE VOLUNTARY ACTION CENTER TRIP SCHEDULING SOFTWARE SYSTEM. Mayor Povlsen read Resolution 12-49 by title only. MOTION I Ald. Jacobson moved to pass Resolution 12-49; seconded by Ald. Naylor. Ald. Gallagher returned to the meeting at 9:57 p.m. Mr. Frieders noted that the contract has revised language and requested that Council amend. MOTION II TO AMEND Ald. Teresinski moved to amend Resolution 12-49 to include the revised contract; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE I Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Mayor Povlsen announced that the Township meeting is scheduled tomorrow at 7:00 p.m. He noted that even though it is an advisory referendum, it is dangerous to place the management of the City under the Mayor. Ald. Gallagher reminded all elected and appointed officials to complete the Open Meetings Act training by December 31, 2012. Additionally, he referred to his previous comments about "repeat offenders" requesting information through the Freedom of Information Act. Also, he advised that at 10:00 a.m. tomorrow planting of trees will take place at Fairview and Route 23. Additionally, Regular City Council Meeting Minutes April 9, 2012 Page 10 of 10 he noted that Saturday, April 21st Council will hold a meeting to revise their strategic plans from 8:30 a.m. – 2 p.m. at the Best Western and the public is invited. Ald. O'Leary asked if she could change her vote on the chicken keeping in DeKalb. After some discussion, it was noted that there was not a vote, but a consensus of Council at the Committee of the Whole meeting not to bring the issue back in an ordinance. Mr. Frieders cautioned Council that this is not an item on this regular meeting agenda to take action on. Ald. Jacobson announced that NIU’s Taste of DeKalb is scheduled for April 21st as well as Springfest. Mr. Frieders announced that the City has received responses from the Public Access Counselor regarding FOIAs and it was stated that there were no violations made by the City in its responses to two FOIAs. M. RECESS FOR CLOSED SESSION: 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). 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 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. 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. Mayor Povlsen closed the meeting to the public at 10:15 pm. Mayor Povlsen opened the meeting to the public at 10:54 pm. N. ADJOURNMENT: Ald. Teresinski moved to adjourn the meeting; seconded by Ald. Gallagher. Motion carried on voice vote (Ald. Lash absent during Closed Session). Mayor Povlsen declared the meeting adjourned at 10:54 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council April 23, 2012