City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB November 13, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Tuesday, November 13, 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 (arrived at 6:02 p.m.), 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; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works–Engineering/ Transportation; Laura Pisarcik, Finance/Purchasing Director; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen advised that Ald. Lash would be a little late to the meeting. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF AN ASSESSMENT FOR THE CITY HALL REDESIGN. Mr. Moore reminded all that once the Police Station construction was underway, it was planned previously to remodel City Hall. Ald. Lash arrived at 6:02 p.m. Mr. Moore stated that the current building is regularly inefficient and uncomfortable due to existing mechanical systems; additionally, departments are spread out rather than housed in one building. He added that money has been budgeted utilizing TIF funds. Mr. Moore stated that he Committee of the Whole Meeting November 13, 2012 Page 2 of 4 solicited a proposal from PSA Dewberry for the initial phase regarding building assessment, hazardous material assessment and facility needs. Cost of the project is $59,500, he said, and once this preliminary assessment is complete, an RFQ will be issued for the design and construction of the final project. Council discussed extensively the assessment, including using Dewberry rather than soliciting proposals, previous assessments, maintaining the firing range in the basement, and use of TIF funds Mr. Biernacki pointed out that Irving Construction did provide an assessment recently, but it did not include all proposed needs nor was it detailed. Further, it was done previous to the final decision to build the Police Station on West Lincoln Highway. Additionally, the assessment performed by Wold years ago included building an addition on to the current building and keeping the Police staff here, he said. Mr. Moore stated that he suggested Dewberry because they have performed the consultant work on the previous two remodels of this building and have a better understanding of it. MOTION Ald. Naylor moved to direct staff to prepare an Agreement of the Provision of Limited Professional Services with PSA Dewberry for a condition assessment of the City Hall space needs analysis and conceptual design study; seconded by Ald. Gallagher. Motion carried on roll call vote 5-3. Aye: Teresinski, Lash, Gallagher, Naylor, Povlsen. Nay: Jacobson, Baker, O’Leary. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF RULES FOR PUBLIC PARTICIPATION. Mr. Frieders stated that the City has the authority to establish rules regarding public participation at City Council meetings. Therefore, he enumerated staff’s recommendations to update the Municipal Code to specifically address public participation. The amendment will put into place the conditions that are already set on certain items and allow the Mayor to regulate meetings. MOTION Ald. Gallagher moved to direct staff to bring back the recommendations as amendments to the Municipal Code; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF CHANGES TO THE DOWNTOWN PARKING SYSTEM. Mr. Espiritu advised Council that staff has been contacted by some residents requesting that the current parking system be re-evaluated, specifically relating to the residents having to move their cars every twelve (12) hours. Mr. Espiritu explained that staff has revised the current regulations which include issuing parking permits for $120 annually, abandoning the requirement that residents move their cars every twelve hours, and allowing overnight parking in certain lots. Council asked questions of Mr. Espiritu regarding the logistics and fees and discussed the recommendations. Additionally, Ald. Lash asked if the fees could be prorated. Ms. Pisarcik replied that if it becomes an issue, staff will look into prorating the fees in the future.  Committee of the Whole Meeting November 13, 2012 Page 3 of 4 Mr. Matt Williams, resident of the downtown area, advised Council that he lives across the tracks and some nights must walk quite a distance from the parking lot to his home. He is concerned, he said, when his wife needs the car and has to walk that distance alone. He stated that he is pleased with staff’s recommendations and would prefer to pay $10 per month rather than the entire $120 lump sum. Ald. Baker suggested that residents could pay six (6) months at a time; Ald. Lash agreed. MOTION Ald. Teresinski moved to direct staff to prepare the changes and bring back to Council for formal approval; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4) CONSIDERATION 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); SECURITY PROCEDURES AND USE OF PERSONNEL 5 ILCS 120/2(c)(8); PENDING LITIGATION 5 ILCS 120/2(c)(11) AND WORKER’S COMPENSATION 5 ILCS 120/2(c)(12). MOTION Ald. Lash 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); Security Procedures And Use Of Personnel 5 ILCS 120/2(c)(8); Pending Litigation 5 ILCS 120/2(c)(11) and Worker’s Compensation 5 ILCS 120/2(c)(12); 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. Mayor Povlsen closed the meeting to the public at 6:45 p.m. Mayor Povlsen opened the meeting to the public at 7:00 p.m. D. ADJOURNMENT: MOTION Ald. Lash moved to adjourn the meeting; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 7:00 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council November 26, 2012 Committee of the Whole Meeting November 13, 2012 Page 4 of 4  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB November 13, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Tuesday, November 13, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:05 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 7:07 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; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works–Engineering/ Transportation; Laura Pisarcik, Finance/Purchasing Director; Jennifer Diedrich, Economic Development Coordinator; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Additionally, Roger Hopkins, Economic Development Consultant was present. B. PLEDGE OF ALLEGIANCE: Ald. Gallagher led the Pledge of Allegiance to the Flag. Ald. Jacobson arrived at 7:07 p.m. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Ald. Povlsen asked that the report from mCapitol be moved to the beginning of Item D. MOTION Ald. Gallagher moved to approve the 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. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: I. SPECIAL ITEMS: ● Report and Update from City Lobbyist mCapitol Regular City Council Meeting Minutes November 13, 2012 Page 2 of 10 Mr. Gary LaPaille, President of mCapitol stated his firm has completed six (6) months with the City of DeKalb. He noted that they promised Council three (3) items when hired: provide DeKalb with a high level of advocacy at the federal and state levels, identify major needs of the City and look for opportunities at all levels and better communication with the City. He stated that mCapitol is working diligently on all these items. He introduced Mr. Lee Janger who explained the categories for the strategic planning: transportation, public buildings, safety projects and the airport. Mr. Janger enumerated the specific grants and projects that mCapitol is working on and named some of the successes. Mr. Biernacki stated that staff has been very pleased with the work thus far by mCapitol. ● Certificate of Recognition – Local Gamma Lambda Chapter of Sigma Alpha Mu Mayor Povlsen read a Certificate of Recognition for the Local Gamma Lambda Chapter of Sigma Alpha Mu, noted all the participants’ names and thanked them for their work on assisting with the laying of carpet and moving furniture in the City Clerk’s office at no charge. Members of the fraternity were present to accept the Certificate. ● Sales Tax Revenue Trends Report Mr. Hopkins provided a recap of current sales tax revenues and noted that he has established baselines and identified categories with sales tax leakage. He listed the categories with a brief synopsis on each. ● Emerald Ash Borer Update Report Mr. Moore advised Council that the City is in its sixth month of the first year of treatment of the Emerald Ash Borer; 930 trees were treated and 1,294 have been identified. He added that 240 trees have been removed, with 101 from the parkways. He noted that staff will most likely recommend that the same treatment continue next year. Following that, the schedule will be re- evaluated. ii. MAYOR APPOINTMENTS: NONE. III. CITIZENS’ COMMENTS: NONE. E. CONSENT AGENDA – OMNIBUS VOTE: Ald. Naylor asked that Item E.7, Resolution 12-109 be removed from the Consent Agenda. MOTION Ald. Teresinski moved to approve the Consent Agenda as amended; 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.  Regular City Council Meeting Minutes November 13, 2012 Page 3 of 10 MOTION Ald. Teresinski moved to approve the items on the Consent Agenda; 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. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: October 8, 2012 Regular Meeting: October 8, 2012 Committee of the Whole: October 22, 2012 Regular Meeting: October 22, 2012 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Engineering Report: October 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 12-85 AMENDING ORDINANCE 12-39 WHICH APPROVED THE CITY OF DEKALB, ILLINOIS FY 2012-2013 BUDGET. Approved in the Consent Agenda by Omnibus Vote. 4. PURCHASE PROPOSAL TO PURCHASE A REPLACEMENT BATWING MOWER FOR THE PUBLIC WORKS DEPARTMENT. Approved in the Consent Agenda by Omnibus Vote. 5. ORDINANCE 12-86 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 52, “OFFENSES AGAINST PUBLIC PEACE – SAFETY AND MORALS,” SECTION 52.300 “TOBACCO USE, CONSUMPTION, POSSESSION BY MINORS. Approved in the Consent Agenda by Omnibus Vote. 6. RESOLUTION 12-108 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO EXECUTE A ROUTE 38 PERMIT FROM THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF NEW ENTRANCES BY CONTRACTORS FOR THE MCDONALDS REDEVELOPMENT PROJECT AT 545 EAST LINCOLN HIGHWAY. Approved in the Consent Agenda by Omnibus Vote. Regular City Council Meeting Minutes November 13, 2012 Page 4 of 10 7. RESOLUTION 12-109 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A MUTUAL GENERAL RELEASE OF CLAIMS WITH DEKALB AVIATION, LLC, MIDWEST FLIGHT ACADEMY, INC., MIDWEST HANGAR CORPORATION, M&E LLC, EDWARD KLING, JIM AUMAN, MARK RIGGSBY AND CHRIS RIGGSBY. Mayor Povlsen read Resolution 12-109 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-109; 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. F. PURCHASES AND BID AWARDS: 1. APPROVAL OF A REQUEST TO AWARD THE BID FOR THE NEW POLICE STATION ENTRANCE AND FIBER OPTICS IMPROVEMENTS AND CARROLL AVENUE SIGNAL UPGRADE PROJECT TO THORNE ELECTRIC, INC. IN THE AMOUNT OF $482.797.03. MOTION Ald. Lash moved to approve staff’s request to award the bid for the new Police Station entrance and fiber optics improvements and Carroll Avenue Signal Upgrade project to Thorne Electric, Inc. in the amount of $482.797.03; seconded by Ald. O’Leary. Mr. Maurer explained bids came in over the engineer’s estimate. He stated that staff recommends Thorne Electric and believes there can be at least $40,000 in savings through the alternate price. He added that it would not be practical to rebid as the equipment delivery could be 12-16 weeks. 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 AWARD THE PUBLIC SIDEWALK, ALLEYWAY AND CENTRAL BUSINESS DISTRICT SNOW REMOVAL CONTRACTS FOR THE FY 2013 SNOW SEASON. MOTION Ald. Naylor moved to approve staff’s request to award the public sidewalk, alleyway and Central Business District snow removal contracts for the FY 2013 snow season; seconded by Ald. Lash. Mr. Moore advised that three companies submitted bids and one bidder was the apparent low bidder on all areas: D. Ryan. Staff recommends a three year contract to D. Ryan, he added.  Regular City Council Meeting Minutes November 13, 2012 Page 5 of 10 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. 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 COMMERICAL AND LOCATED AT 1101 WEST LINCOLN HIGHWAY, DEKALB, ILLINOIS Mayor Povlsen read Ordinance 12-62 by title only. Mr. Biernacki stated that the petitioner has asked that Council postpone action to the December 10th meeting. MOTION Ald. Gallagher moved to postpone action on Ordinance 12-62 until the December 10, 2012 Council Meeting; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-87 ESTABLISHING AN ESTIMATED ANNUAL TAX LEVY FOR THE CITY OF DEKALB, ILLINOIS FOR THE TAX YEAR 2012. Mayor Povlsen read Ordinance 12-87 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-87; seconded by Ald. Teresinski. Ms. Pisarcik advised Council that the estimate must be set by Council twenty (20) days before passage. The levy, she said, is used to pay for pensions. A public hearing will be held at the next meeting, she added. Tonight’s ordinance will set the ceiling which is the maximum amount the City can levy, she said. She further explained the EAV, interest on pensions and salary figures. Additionally she advised Council if the rate is kept flat, there has to be an offset of the monies needed elsewhere for pensions. Council asked questions of Ms. Pisarcik and discussed the issue extensively. Regular City Council Meeting Minutes November 13, 2012 Page 6 of 10 MOTION TO AMEND Ald. Teresinski moved to amend Ordinance 12-87 to raise the proposed levy to capture new construction which would generate an additional $39,790 for a total levy of $9,673,560 which would set the rate at $0.7910 per $100 of EAV; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE ON RECEIVE AND FILE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-87; seconded by Ald. Teresinski. Motion failed 5-3 on roll call vote. Aye: Teresinski, Lash, Gallagher, O’Leary, Povlsen. Nay: Jacobson, Naylor, Baker. Mayor Povlsen declared the motion defeated as a super majority is required on this motion. Ms. Pisarcik advised Council that this ceiling must be set tonight and does not set the rate. This is voted on at the next meeting, she said. Ald. Gallagher clarified the recommendation that for an existing homeowner, the taxes will remain the same. He added that new construction would experience a rise. Council discussed the passage of the ordinance again. Mayor Povlsen reiterated that the ceiling must be set tonight. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-87; seconded by Ald. Lash. Motion carried 6-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, O’Leary, Povlsen. Nay: Naylor, Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-87; seconded by Ald. Gallagher. 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. 2. ORDINANCE 12-88 AMENDING ORDINANCE 11-20, WHICH APPROVED THE CITY OF DEKALB, ILLINOIS FY 2011-2012 BUDGET. Mayor Povlsen read Ordinance 12-88 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-88; seconded by Ald. Teresinski. Ms. Pisarcik stated that staff recommends using a portion of some fund balances to eliminate deficit fund balances for Capital Projects, Fleet Replacement and Liability Property Funds. This will bring the General Fund balance to 17.31%, she added. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed.  Regular City Council Meeting Minutes November 13, 2012 Page 7 of 10 MOTION Ald. Naylor moved to waive second reading of Ordinance 12-88; 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. MOTION Ald. Teresinski moved to pass Ordinance 12-88; 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 12-89 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, RELATING TO ORDINANCE VIOLATIONS, NUISANCE ACTIVITY, AND RENTAL PROPERTIES FOR THE CITY OF DEKALB. Mayor Povlsen read Ordinance 12-89 by title only. MOTION Ald. Lash moved to receive and file Ordinance 12-89; seconded by Ald. O’Leary. Ald. Jacobson suggested discussing each of the issues separately; Council concurred. Mr. Biernacki noted that there are five (5) elements in one ordinance; Mr. Frieders enumerated them. Mr. Biernacki reminded Council that after two years of work, this is the ordinance that puts into place Council’s direction. He added that staff met with members of DeKalb Area Rental Association (DARA) today to respond to questions they had regarding the ordinance. The ordinance distributed tonight provides the red-lined version that reflects changes as a result of that meeting, he said. One exception he added, relates to the manner of staffing and how it will be paid which is an important policy issue for Council. He stated that the program itself must be adopted first before staffing is considered. Mr. Will Heinisch, Kingston, Illinois, and a member of DARA spoke. He stated that DARA is in agreement with 85% of the ordinance and listed their concerns. He stated that the Police Department needs to focus on behavior and crime and not be responsible for code enforcement. He added that the sidewalk inspection is an expansion of code enforcement and expressed some concerns with the wording regarding these inspections. Additionally, he stated that the registration should remain with the Clerk’s office and the database could be accessible to Police and Fire. Mr. Jim Morel, DeKalb, Illinois and a member of DARA agreed with Mr. Heinisch and added that there is a certain level of funding that the landlords can support. He stated that disorderly houses and the sidewalk inspections apply to all residents and the cost of enforcement should be split equally across all. He added that code violations lie heavily with owner-occupied homes and stated there are over 6,300 owner-occupied structures in the City. Also, he said, the proposed staffing plan is unnecessary and is already in place in other departments. The registration fees are excessive and should only reflect the actual cost of registration, he added. Regular City Council Meeting Minutes November 13, 2012 Page 8 of 10 Mr. Jim Mason, DeKalb, Illinois agreed with Mr. Morel. He stated that the proposed registration fee is unconstitutional and added one person should not have to pay for someone else’s inspections. He suggested that the funding come from the General Fund. Mr. Frieders stated that it is Council’s decision regarding staffing and funding. He spoke to Mr. Mason’s claim that the ordinance is unconstitutional and stated that nothing in that ordinance is unconstitutional. He added that the proposal is more moderate and conservative than many other communities. Mr. Biernacki stated that initially there was a Level 3 inspection proposal and the Level 2 (sidewalk inspection) that is in the ordinance is the compromise between staff and DARA during discussions. Mayor Povlsen noted that DeKalb is one of the last communities in the state to enact this. He added that more residents are living in rentals than in single family homes and behavioral problems are emanating from rental properties. MOTION TO EXTEND MEETING At 8:45 p.m., Ald. Teresinski 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. Ald. O’Leary referred to a copy of a 2010 Task Force report and noted that more calls made to the Police Department came from owner-occupied homes. Ald. Jacobson stated Council is asked to not consider staffing but it is difficult when there is a $500,000 financial impact. Ald. Lash stated that Mr. Biernacki can present other staffing options once Council decides on the plan; Mr. Biernacki concurred. Ald. Gallagher stated that $227,000 would be derived from registration and that should be the cost for the staffing. He added that registration should stay in the Clerk’s office. Also, he said, code enforcement should remain with the Code Enforcement Division and crime with the Police Department. He also addressed DARA and stated that they chose to be landlords and Council has to figure out a way to contain the City so that it doesn’t turn to ruin. Ald. Gallagher suggested that two inspectors be added to Code Enforcement and the registration be handled by the City Clerk’s office. Ald. Teresinski stated there is 85% agreement with DARA and he would like to move forward on the components. Ald. Naylor stated it is naïve to think there are no problems. He stated he preferred the consolidation into one department and Council needs to “get a backbone” and adopt the changes. Ald. Baker stated registration remains his concern. He added that the fees could be discriminative against smaller landlords. He suggested a one-time registration with large fines if there is no compliance. Ald. O’Leary agreed with DARA and added this is the community telling Council what they want and Council represents the community. She added she would like registration to remain with the Clerk’s office and agrees with the nuisance and disorderly housing components. Also, she said, she does not agree that $450,000 is needed for staffing and does not understand this. She added that the fines are excessive. Mayor Povlsen asked Council if there was any opposition to the crime-free proposal; there was none from Council. Mayor Povlsen asked if there was any opposition to the required training;  Regular City Council Meeting Minutes November 13, 2012 Page 9 of 10 there was no opposition from Council. Mayor Povlsen asked if there was any opposition to the disorderly house. Ald. Teresinski asked if the three strikes remains in that component. Mr. Biernacki explained that if there is no resolution after three strikes, it is addressed in the ordinance. Mr. Frieders clarified further on this issue. Mayor Povlsen asked Council if there was any opposition to the exterior inspection program. There were questions from Council regarding the mechanics of staffing but no amendments. Mayor Povlsen asked if there was an opposition to the registration as stated in the ordinance. Ald. Lash stated she has concerns with others raising issues that this is so onerous. This is already in place with rooming houses, she said, and she views this as less discriminatory. Mr. Biernacki said that issues were raised on this point and suggested that Council amend the ordinance that fees may be imposed as adopted by Council from time to time. Council discussed this further. MOTION TO AMEND Ald. Baker moved to amend Ordinance 12-89 that Council may adopt fees from time to time; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE ON RECEIVE AND FILE Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mayor Povlsen stated that staffing will be discussed at the next meeting. Mr. Biernacki noted that since there is a hiring freeze, Council would need to pass a resolution to authorize any staffing. He added that he will provide staffing options at that time. K. RESOLUTIONS: 1. RESOLUTION 12-110 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO EXECUTE A LETTER OF INTENT WITH THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY REGARDING THE ART ANNEX BUILDING. Mayor Povlsen read Resolution 12-110 by title only. MOTION Ald. Lash moved to pass Resolution 12-110; seconded by Ald. Gallagher. Mr. Biernacki stated that the Letter of Intent is in consideration of NIU granting easements for the proposed Olive Garden site and addresses the City paying for certain improvements on NIU property and the City agreeing to further some modest façade improvements to the Art Annex Building should the City decide to include them in the TIF District. Ald. Naylor raised concerns about NIU’s property being tax exempt and questioned the City’s agreement on improvements. Mr. Biernacki replied that the City does it regularly for the School District. Regular City Council Meeting Minutes November 13, 2012 Page 10 of 10 Mr. Bill Nicklas, Vice President of NIU stated that typically there would be a ground lease agreement negotiated which amounted to $10,000 annually. This is a one-time improvement at a fraction of that cost, he said. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Council Members noted the NIU Huskies game tomorrow. Ald. Teresinski noted that the lobbyist discussed Police staffing opportunities and asked that it be brought back for further discussion. He added there will be a proposal for the 2nd Ward regarding high school traffic at the next meeting. Ald. Gallagher thanked the Street Division for leaf pick- up. He asked that citizens keep track of their trash cans. Ald. Naylor stated that there is a Plan and Zoning Commission meeting on Wednesday to discuss a land swap. He asked that Council Members look at the property before making any decision. M. RECESS FOR CLOSED SESSION: 1) CONSIDERATION 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); SECURITY PROCEDURES AND USE OF PERSONNEL 5 ILCS 120/2(c)(8); 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); Collective Bargaining 5 ILCS 120/2(c)(2); Security Procedures And Use Of Personnel 5 ILCS 120/2(c)(8); Pending Litigation 5 ILCS 120/2(c)(11) and Worker’s Compensation 5 ILCS 120/2(c)(12); 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. Mayor Povlsen closed the meeting to the public at 9:30 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, City Clerk Approved by City Council November 26, 2012