City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB October 8, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, October 8, 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 6:02 p.m. A. ROLL CALL: Assistant City Manager Espiritu 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, and Mayor Kris Povlsen. Absent was Alderman Monica O’Leary. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works–Engineering/ Transportation; Jennifer Diedrich, Economic Development Coordinator; Bryan Faivre, Assistant Public Works Director – Water; Jeff Birtell, I&T Technician; and Tammey Higgins, Deputy City Clerk. Additionally, Roger Hopkins, Economic Development Marketing Consultant was present. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF A REQUEST BY DARDEN RESTAURANTS FOR A $900,000 TIF FORGIVABLE LOAN TO CONSTRUCT AN OLIVE GARDEN ON THE FORMER SMALL’S FURNITURE PROPERTY AT 2211 SYCAMORE ROAD. Mr. Hopkins provided the Council with background on the history of discussions with Darden Restaurants. He advised that Darden Restaurants is considered an industry leader and that community input had indicated this to be a strongly desired entity in the community. He discussed the TIF application pertaining to redevelopment of the project area and provided examples of other redevelopment projects. He also mentioned sales receipts that would be gained instead of lost revenues resulting from residents traveling out of town to visit Olive Garden restaurants. He advised Council on the background of preparation required for the redevelopment of the site and the required interaction with NIU concerning their NIU Annex property and pointed out the site improvement costs relating to multiple items to be performed. He stated that an agreement with Darden Restaurants would include clauses providing for a seven year window for re-payment of the loan, but that it was anticipated that it would be achieved within four years, and that if Darden Restaurants closed the facility before the end of the seven year period, the balance would be called for payment. He advised Council that if the consideration goes forward, an intergovernmental agreement will be produced for approval between NIU and the City. Committee of the Whole Meeting October 8, 2012 Page 2 of 3 Ms. Diedrich then introduced representatives of Darden Restaurants; Trudy Blakeman (Darden Restaurants), Allea Newbold (Ryan LLC [financial consultants]), and Ziya Hajiyev (Ryan LLC). Ms. Blakeman presented an overview of Darden Restaurants Corporation, advising that the company owns all facilities, there are no franchisees. She advised the Council that if the incentive package was not approved, Darden would no longer consider DeKalb as a potential site. Ms. Newbold shared additional information with Council pertaining to the strength of Darden Restaurants; background of financial responsibility in keeping each site fresh and updated; competition for site selection; criteria for site selection; and their process in opening a new facility. She advised that it was possible that a new facility could open in late 2013 or early 2014. She stated that the expected cost for this site would be approximately $4.5 Million. She also advised that the employee headcount was estimated to be 55 full-time employees. Council discussed the project in detail and asked extensive questions. Some issues were raised regarding the use of TIF funds. MOTION Ald. Teresinski moved to approve the request by Darden Restaurants for a $900,000 forgivable loan and directed staff to bring back an ordinance for formal Council approval; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher motioned to have the meeting extended past 7:00 p.m.to allow Council to address all issues on the Committee of the Whole Agenda. Ald. Naylor seconded the motion. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF A REQUEST FROM ARCH RICHOZ TO FINANCE AN FY 13 ARCHITECTURAL IMPROVEMENT PROGRAM PROJECT WITH TAX INCREMENT FINANCING FUNDS AT 221 WEST LINCOLN HIGHWAY. Ms. Diedrich explained the Architectural Improvement Program (AIP) and shared with Council that this was the first AIP request since 2010. She proceeded to provide a general overview of the project and the matching funding request. MOTION Ald. Gallagher moved to approve the request and directed staff to prepare a resolution for formal Council approval; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF A REQUEST FROM BRIAN SCHOLLE TO FINANCE AN FY 13 ARCHITECTURAL IMPROVEMENT PROGRAM PROJECT WITH TAX INCREMENT FINANCING FUNDS AT 850-852 SOUTH FOURTH STREET.  Committee of the Whole Meeting October 8, 2012 Page 3 of 3 Ms. Diedrich provided a general overview of the project and the matching funding request. She advised that this property was in an area that had been added in the prior extension of the TIF district. MOTION Ald. Gallagher moved to approve the request and directed staff to prepare a resolution for formal Council approval; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4) CONSIDERATION TO AMEND THE CITY OF DEKALB MUNICIPAL CODE, CHAPTER 18, “DOGS AND OTHER ANIMALS” REGARDING DOGS AT LARGE AND DOG ATTACKS. Mr. Frieders gave background on the basis for the proposed amendment and noted that it provides for three levels of fine applications which range from a loose dog to the highest level of an aggressive loose dog, and outlined the fine structure. Responding to an inquiry regarding breed specific applications, he advised Council that the State of Illinois has a statute regarding this situation and while the City is Home Rule; the uncertainly of litigation and potential unfavorable outcome make this approach undesirable. Council discussed the amendment and asked questions. Doris Sernovitz, DeKalb, Illinois, addressed the Council. She provided background on the dog that had attacked and killed her dog and expressed her fear and concern of walking in her neighborhood. She stated that the City needed to be tougher in addressing these incidents and wants to prevent this situation from happening to anyone else. MOTION Ald. Lash moved to approve staff’s request of the proposed ordinance and directed staff to bring back to Council for formal adoption; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 5) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); PENDING LITIGATION 5 ILCS 120/2(c)(11) AND WORKER’S COMPENSATION 5 ILCS 120/2(c)(12). Not acted on in this meeting. D. ADJOURNMENT: MOTION Ald. Teresinski moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 7:20 p.m. ______________________________________ TAMMEY M. HIGGINS, Deputy Clerk Approved by City Council November 13, 2012  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB October 8, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, October 8, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:25 p.m. A. ROLL CALL: Assistant City Manager Espiritu 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 and Alderman David Baker. Alderman Monica O’Leary was absent. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works – Engineering/Transportation; Derek Hiland, Principal Planner; Laura Pisarcik, Finance/Purchasing Director; Jeff Birtell, I&T Technician; and Tammey Higgins, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Gallagher led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Teresinski moved to approve the Agenda; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: 1. SPECIAL ITEMS ● Semi-Annual TIF Report Ms. Diedrich delivered a presentation of the breakdown of fund analyses for both TIF 1 and TIF 2. Council asked specific questions on TIF funding which Ms. Diedrich answered. ● Proclamation Declaring October As the “Big Read” Month Featuring “The Adventures of Tom Sawyer” by Mark Twain Mayor Povlsen read the Proclamation declaring October as “Big Read” month. Ms. Dee Coover thanked the Council for the proclamation. Ms. Craig provided background information on the Big Read program and provided a copy of “The Adventures of Tom Sawyer.” Regular City Council Meeting Minutes October 8, 2012 Page 2 of 5 ● Proclamation Declaring October 7-13, 2012 as “National Fire Prevention Week” Mayor Povlsen read the Proclamation declaring October 7–13, 2012 as National Fire Prevention Week and presented it to Chief Hicks. ● Moody Bond Rating Report Mr. Espiritu advised Council that Ald. Teresinski and City Staff had recently met with the bond rating authority and were advised that the City had kept its AA2+ Negative rating. He stated that while the City’s funds had gone from $22,000 to $4 Million, and Moody had acknowledged the effort; Moody was being conservative. Ald. Teresinski commented that the rating put the City where 46% of the nation has AA2 or higher. Ald. Gallagher commented on the efforts of staff. Mr. Espiritu further advised the Council that the City is one of few communities not depleting their fund balances. ● Police Report on August and September Activities Chief Lowery commented on data contained in Statistical Report (August 23rd to September 30th 2011/2013 Comparison) provided to Council. He reviewed the multiple categories contained in the Report and expanded on the increases/decreases per category. He spoke on the increased productivity with the co-policing with NIU Police. 2. APPROVAL OF MAYOR APPOINTMENTS NONE. 3. CITIZENS’ COMMENTS Ms. Kay Shelton, DeKalb, Illinois reminded all of the October 17th Candidate’s Night to be held at City Hall, Council Chambers, at 6:30 p.m. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Naylor moved to approve the Consent Agenda; seconded by Ald. Lash. Motion carried 7-0- 1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to approve the items on the Consent Agenda; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Special Meeting: September 19, 2012 Committee of the Whole: September 24, 2012 Regular Meeting: September 24, 2012 Approved in the Consent Agenda by Omnibus Vote.  Regular City Council Meeting Minutes October 8, 2012 Page 3 of 5 2. RECEIVE AND FILE: Engineering Report: September 2012 Received and filed in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: NONE. G. PUBLIC HEARINGS: NONE. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: 1. ORDINANCE 12-62 APPROVING A SPECIAL USE PERMIT FOR A TWO-TENANT BUILDING WITH A RESTAURANT DRIVE-THROUGH FACILITY IN ONE-HALF OF THE BUILDING ON PROPERTY ZONED “GC” GENERAL COMMERCIAL AND LOCATED AT 1101 WEST LINCOLN HIGHWAY, DEKALB ILLINOIS. Mayor Povlsen read Ordinance 12-62 by title only. MOTION Ald. Lash moved to postpone action on Ordinance 12-62; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-77 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 7, SECTION 7.19, RELATING TO WATER BILLING AND TERMINATION OF WATER SERVICE FOR THE CITY OF DEKALB. Mayor Povlsen read Ordinance 12-77 by title only. MOTION Ald. Gallagher moved to pass Ordinance 12-77; seconded by Ald. Teresinski. Motion carried 5- 2-1 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Naylor, Povlsen. Nay: Lash, Baker. Absent: O’Leary. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: NONE. K. RESOLUTIONS: 1. RESOLUTION 12-105 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THE PROVISION OF WHOLESALE ELECTRICITY FOR WATER WELLS AND WATER TREATMENT PLANTS IN THE CITY OF DEKALB, ILLINOIS. Regular City Council Meeting Minutes October 8, 2012 Page 4 of 5 Mayor Povlsen read Resolution 12-105 by title only. MOTION Ald. Naylor moved to pass Resolution 12-105; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Ald. Gallagher reminded everyone about Homecoming activities. Ald. Naylor provided his congratulations to Tom Cleveland for his recent Roger C. Marquardt Excellence in Aviation Leadership Award. Ald. Teresinski reminded residents of leaf pick-up activities and to keep piles out of the gutters. Ald. Lash advised of the October 18, 2012 Children’s Learning Center open house event; and the October 14, 2012 3:00 p.m. Kishwaukee Community Band Concert at NIU. Mr. Moore stated that leaf pick-up would be commencing on the 15th; that leaves were to be raked to the curb, not in the curb; and that pick-up was currently scheduled to go through November 2nd at this time. 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); PENDING LITIGATION 5 ILCS 120/2(c)(11) AND WORKER’S COMPENSATION 5 ILCS 120/2(c)(12). 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); Pending Litigation 5 ILCS 120/2(c)(11) and Worker’s compensation 5 ILSC 120/2(c)(12). Mayor Povlsen closed the meeting to the public at 8:19 p.m. MOTION Ald. Teresinski moved to reopen the Regular Meeting of October 8, 2012; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to amend the Regular Meeting Agenda of October 8, 2012 to include under Item M., Closed Session, Security Procedures and the Use of Personnel as provided for in 5 ILCS 120/2(c)(8); seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to adjourn to Closed Session with the addition of Security Procedures and the Use of Personnel as provided for in 5 ILCS 120/2(c)(8); seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 8:29 p.m. Mayor Povlsen opened the meeting to the public at 8:40 p.m.  Regular City Council Meeting Minutes October 8, 2012 Page 5 of 5 N. ADJOURNMENT: Ald. Gallagher moved to adjourn the meeting; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 8:40 p.m. TAMMEY M. HIGGINS, Deputy Clerk Approved by City Council November 13, 2012