City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB November 26, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, November 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, and Mayor Kris Povlsen. Absent were 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; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Baker would be unable to attend tonight’s meeting and Ald. O’Leary would be present at the Regular Meeting. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF PARKING CHANGES TO NORTH 10TH AND NORTH 11TH STREETS. Mr. Maurer advised Council that the specific streets currently allowing parking on both sides present problems during snow season. Staff recommends “no parking” on one side during snow season, April 1-April 1, he said. Council discussed the issue and concurred. MOTION Committee of the Whole Meeting November 26, 2012 Page 2 of 3 Ald. Gallagher moved to approve staff’s recommendation and directed that an ordinance be brought back at the next meeting for formal passage; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF SAFETY MEASURES FOR HEATHERSTONE SUBDIVISION NEAR DEKALB HIGH SCHOOL TO MINIMIZE CUT THROUGH TRAFFIC. Mr. Maurer advised Council that since the relocation of the high school to this area, many issues are arising regarding speeding, cut-throughs and increased traffic. He presented options to address the concerns including stop signs and speed bumps. Council discussed the options and asked further questions of Mr. Maurer. Council agreed on addition of stop signs. MOTION Ald. Teresinski moved to approve staff’s recommendation for the addition of stop signs and directed that an ordinance be brought back at the next meeting for formal passage; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF AN ADMINISTRATIVE TOW ORDINANCE. Mr. Frieders explained proposed revisions to Chapter 35 which include implementation of rotation procedures for City towing, administrative tow provisions regarding controlled substances, and towing fees. Council discussed the revisions extensively and asked questions of Mr. Frieders. MOTION Ald. Jacobson moved to approve staff’s recommendation and directed that an ordinance be brought back at the next meeting for formal passage; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4) CONSIDERATION OF REFUSE PROGRAM RFP. Mr. Moore updated Council on the upcoming RFP for the refuse contract that was discussed several meetings ago in which Council provided feedback and direction. He suggested alternatives to be included in the RFP including scheduling pickups, sustainability, recycling, toters and downtown recycling for pedestrian waste. Additionally, he discussed the leaf collection program. Council discussed the item at length, particularly toters, recycling and leaf pickup. Mayor Povlsen noted that Mr. Moore received adequate feedback from Council to move forward with preparation of the RFP. 5) 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) AND PENDING LITIGATION 5 ILCS 120/2(C)(11). Not acted on in this meeting.  Committee of the Whole Meeting November 26, 2012 Page 3 of 3 D. ADJOURNMENT: MOTION Ald. Lash moved to adjourn the meeting; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 7:08 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council December 10, 2012  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB November 26, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, November 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 7:15 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, and Alderman Monica O’Leary. Absent was Alderman David Baker. 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; Tom Cleveland, Assistant Director Public Works-Airport; Laura Pisarcik, Finance/Purchasing Director; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Naylor led the Pledge of Allegiance to the Flag. Mayor Povlsen announced that Ald. Baker was unable to attend tonight’s meeting. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mayor Povlsen asked that Item M. Recess for Closed Session be removed from the Agenda. MOTION Ald. Teresinski moved to approve the Agenda as amended; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: I. SPECIAL ITEMS ● Promotions: Wesley Hoadley to Deputy Chief of Police Gregory Hoyle to Deputy Chief of Fire Regular City Council Meeting Minutes November 26, 2012 Page 2 of 12 Ms. Wright administered oaths of office to Deputy Chief of Police Hoadley and Deputy Chief of Fire Hoyle. Families of the two Deputy Chiefs were present and presented their badges to them. Chief Lowery and Chief Hicks acknowledged both Deputy Chiefs for their service and dedication to the community and congratulated them on their promotions. Additionally, Mayor Povlsen congratulated the Deputy Chiefs and thanked the families, friends, and Police and Fire staff who were present for the ceremony. ● Airport Economic Impact Study Report Mr. Cleveland introduced Dr. Susan Shea, Director of the Division of Aeronautics who provided the report to Council. She noted that DeKalb has a “gem” in the airport, which, she added, is very safe, effective and efficient. She noted that jobs exist because of the airport; additionally it provides a $10.7 million economic impact to the community. Council thanked Dr. Shea for her report. Mr. Jack Bennett, member of the Airport Advisory Committee stated he is proud of the City for its airport and the manner in which it has served the City. ● Report on Fixed Base Operator (FBO) Cost Benefit Mr. Cleveland noted that the City assumed the FBO two years ago. Services are provided 24 hours per day, he said and this is another step towards the airport becoming self-sufficient. ● Peace Road at Route 38 Intersection Construction Update Mr. Maurer stated that staff has researched funding options for the $3.4 million project since last discussed with Council. He noted that staff has met with the design consultants and the total construction costs are now anticipated at $2.05 million from $2.9 million. He added that $1.1 million can be funded through MFT funds and staff could pursue an economic development project grant for 50% of the funding. Council discussed options. Ald. Naylor relayed his suggestion to cease transferring MFT funds to the General Fund. Council concurred on pursuing grant options. ● Update on Electronics Recycling Mr. Moore provided an update on the recent electronics recycling program and noted that 162,000 pounds were recycled or disposed. ii. APPROVAL OF MAYOR APPOINTMENTS: NONE. III. CITIZENS’ COMMENTS Ms. Bessie Chronopoulos, DeKalb, Illinois spoke on the proposed land swap on Fairview. She noted that a petition has been circulating and will be brought to the Plan and Zoning Commission meeting on Wednesday. Mayor Povlsen stated he has met with the Park District and School District and Council wants to insure the conclusion reached is in the best interests of the community.  Regular City Council Meeting Minutes November 26, 2012 Page 3 of 12 Ms. Pam Verbic, DeKalb, Illinois referred to the South 4th Street Corridor and the proposed land swap. She urged the Plan and Zoning Commission and Council to delay any discussion on rezoning because the City needs to determine a plan for that corridor. E. CONSENT AGENDA – OMNIBUS VOTE: Ald. Teresinski moved to approve the Consent Agenda; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Naylor moved to approve the items on the Consent Agenda; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: November 13, 2012 Regular Meeting: November 13, 2012 Special Joint Meeting with Liquor Commission: November 14, 2012 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Citizens’ Community Enhancement Committee Minutes: September 17, 2012 Economic Development Committee Minutes: February 21, March 20, June 19, 2012 Environmental Commission Minutes: April 4, May 2, September 5, October 3, 2012 Human Relations Committee Minutes: August 2012 Finance Division Bank Balance and Bank Statement Finance Division Check List: October 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 12-90 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 2, CITY COUNCIL, SECTION 2.12 “RULES OF ORDER AND PROCEDURE PERTAINING TO PUBLIC PARTICIPATION. Approved in the Consent Agenda by Omnibus Vote. 4. ORDINANCE 12-91 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 51, “TRAFFIC,” SECTION 51.02, “CERTAIN PROVISION OF STATE ACT REGULATING TRAFFIC ADOPTED.” Approved in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: Regular City Council Meeting Minutes November 26, 2012 Page 4 of 12 1. CONSIDERATION OF A REQUEST TO AUTHORIZE THE PURCHASE OF A FIRE ENGINE FOR THE FIRE DEPARTMENT. MOTION Ald. Gallagher moved to approve staff’s recommendation to purchase a fire engine; seconded by Ald. Naylor. Chief Hicks advised Council that the City was awarded a 0% loan in the amount of $250,000 which Council approved. This would pay for the fire engine, he said. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 2. APPROVAL OF A RECOMMENDATION TO AWARD THE STREET CONDITION INVENTORY PAVEMENT MANAGEMENT PROJECT TO INFRASTRUCTURE MANAGEMENT SERVICES. MOTION Ald. Naylor moved to approve staff’s recommendation to award the street condition inventory pavement management project to Infrastructure Management Services; seconded by Ald. Teresinski. Mr. Maurer advised that two firms provided responses to staff’s proposal. He explained the options which were discussed by Council. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. Ald. Lash left the meeting at 8:15 p.m. 3. CONSIDERATION OF A RECOMMENDATION TO AUTHORIZE THE PURCHASE OF A NEW COMPACT EXCAVATOR. MOTION Ald. Gallagher moved to approve staff’s recommendation to purchase a new compact excavator; seconded by Ald. O’Leary. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Naylor, O’Leary, Povlsen. Absent: Lash, Baker. G. PUBLIC HEARINGS: 1. PUBLIC HEARING ON LEVYING TAXES FOR CORPORATE PURPOSES OF THE CITY OF DEKALB, ILLINOIS FOR TAX YEAR 2012. Mayor Povlsen opened the public hearing at 8:15 p.m.  Regular City Council Meeting Minutes November 26, 2012 Page 5 of 12 Mr. Jim Kayes, President of the Police Pension Board stated each year he addresses Council regarding putting more money into the fund and is pleased to see it is Council’s intent to follow Mr. Sharp’s recommendation. Ald. Lash returned to the meeting at 8:16 p.m. Ald. Gallagher noted that the rate of return has been reduced from 8% to 7 ½%. Council discussed the levy extensively. Also, he said, the City must be funded by 2040 and the City is funding 60% for the Police. There being no further comments, Mayor Povlsen closed the public meeting at 8:21 p.m. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: 1. ORDINANCE 12-89 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 10, “LANDLORD-TENANT REGULATIONS,” AND CHAPTER 52, “OFFENSES AGAINST PUBLIC PEACE – SAFETY AND MORALS” 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. Teresinski moved to pass Ordinance 12-89; seconded by Ald. Lash. Mr. Biernacki noted that this ordinance is the culmination of eighteen (18) months of work by Council, the Task Force, staff and the community. He asked that Council amend and adopt the substitute ordinance distributed tonight that provides the changes discussed previously. Mr. Frieders enumerated the changes which resulted from Council’s previous discussions. Mr. Biernacki noted that staffing and fees are addressed in the next ordinance. Mr. Jim Mason, DeKalb, Illinois stated that DeKalb Area Rental Association (DARA) is behind the disorderly housing inclusion. He noted that the current registration process, which, he said, was implemented for first responders, has been successful with 90-95% compliance. He added that everyone who rents should be part of this program and it should be paid from the General Fund. He added that DARA can provide volunteers. Ms. Bessie Chronopoulos, DeKalb, Illinois stated that the problem should be addressed and hoped the details have been studied and Council’s decision will have a positive impact for the housing issues. She added there needs to be active, thorough enforcement. Mr. Dan Porter, DeKalb, Illinois, raised concerns about the way the young people are “overly policed” and “their freedoms are taken away.” He urged Council to consider how they are treating the younger people who are investing money and taking out student loans. Regular City Council Meeting Minutes November 26, 2012 Page 6 of 12 MOTION TO AMEND Ald. O’Leary moved to amend Ordinance 12-89 to have the Police Department monitor disorderly housing; sidewalk inspections placed under Code Enforcement and registration handled in the City Clerk’s office. Mr. Biernacki noted this is a staffing issue addressed in the next ordinance. He added that there have been comments about the pros and cons of staffing being centralized in one department; he stated he is puzzled as to the objections to a centralized system that provides more efficiency. He noted that this decision lies with the City Manager; Council’s role is to address funding. He added that he will defer the decision until the Program Coordinator is hired and will discuss the issue with the Program Coordinator and Police Chief. Ald. Jacobson seconded Ald. O’Leary’s motion. Ald. O’Leary stated registration should remain with the Clerk and should not be given to the Police Department. Ald. Jacobson stated that if staffing is decentralized the cost will go down. He added that Council should review the issue in two years and wants a specific provision including this. Mr. Biernacki reiterated that this discussion is moving into the next ordinance. He added he is not suggesting adoption through 2015; he has suggested a two-year evaluation. Ald. Lash asked Ald. O’Leary for clarification of her motion and asked that Section 10.16 be changed to “City of DeKalb.” Mr. Frieders noted that any discussion of the Code is not department-specific; chronic nuisance is specified to the Police Department, he added. Further discussion on Motion to Amend: Ald. Lash asked Ald. O’Leary if she wanted to change “Police Department and Chief of Police” with “City of DeKalb;” Ald. O’Leary agreed. Ald. Teresinski noted the staffing allocation is the City Manager’s responsibility. He added that they remain as budgetary issues and the effectiveness of the program can always be discussed at budget meetings. He stated that he supports the ordinance as presented. Ald. Gallagher agreed the effectiveness will be reviewed at budget meetings. He added that this program needs to get implemented and it is not the Council’s job to micro manage. He stated he supports the ordinance. VOTE ON MOTION TO AMEND Ald. O’Leary agreed to replace her motion to state “City Manager or designee.” Motion carried on voice vote. Mayor Povlsen declared the motion passed. Ald. O’Leary stated that fines of $300 per day are excessive. Mr. Frieders noted it was discussed with DARA; he noted the fine cannot exceed that amount, and the intent is to not create a situation wherein someone would pay a one-time fee rather than register properties. He added that staff needs the tools to address non-compliance with the ordinance and will rely on the discretion of the administrative hearing officer. Ald. Gallagher agreed there needs to be some “teeth” in the ordinance and there is a ceiling on the fine. Mr. Frieders asked that Council amend the ordinance to exclude the DeKalb Housing Authority. MOTION TO AMEND  Regular City Council Meeting Minutes November 26, 2012 Page 7 of 12 Ald. Teresinski moved to amend Ordinance 12-89 to exclude the DeKalb Housing Authority; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION TO EXTEND MEETING At 8:50 p.m., Ald. Jacobson moved to extend the meeting past 9:00 p.m.; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE Motion carried 6-1-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary. Nay: Jacobson. Absent: Baker. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-92 AMENDING THE CITY OF DEKALB, ILLINOIS FY 2013 STAFFING PLAN. Mayor Povlsen read Ordinance 12-92 by title only. MOTION Ald. Teresinski moved to receive and file Ordinance 12-92; seconded by Ald. Gallagher. Mr. Biernacki described the four options. He stated that much discussion has taken place, and if there is not a majority for option 1, staff asks for consideration of either option 2 or 3. Mr. Will Heinisch, Kingston, Illinois thanked Council for their work and acknowledged Chief Lowery for his understanding and willingness to listen in an effort to build a solid relationship with DARA. Mr. Heinisch provided a handout which addressed quality of life threats. He stated that the study indicates there is not a demonstrated need for options 2, 3 or 4. Mr. Jim Morel, DeKalb, Illinois stated DARA does not support any of the funding options because they target rental properties. He stated that the benefits and enforcement of the ordinances should apply equally across the community and the fees should be allocated the same. Ald. Teresinski stated that the cost of the program will be borne by the users of the program. He added that DeKalb will have a much lower cost program than other communities that host major universities with licensing and inspections involving fees greater than those recommended in DeKalb. Additionally, he said, DeKalb needs to insure that this will be strictly enforced because the community deserves it. He stated he will support option 2. Ald. Lash stated she could support option 3 because it would be the fairest funding option. Ald. Jacobson stated he doesn’t agree with full time staff and supports a hybrid of option 4 with a full time coordinator and part time clerk, placing them in departments where they belong. Ald. Naylor stated he is disappointed the ordinance is not stronger. He added he appreciates DARA’s input, but Council has not heard from the general public. He concurred with centralization and prefers full time levels, he said. However, he will compromise, he said, and consider part time. He added he will support option 2. Regular City Council Meeting Minutes November 26, 2012 Page 8 of 12 Ald. Gallagher noted that Mr. Heinisch’s data does not include all offenses, and some offenses were not even reported. He stated he would support option 2. Ald. O’Leary stated that NIU will require freshmen and sophomores to live in dorms. She stated she will support option 4. Mayor Povlsen said he will vote with the majority. He noted there must be a compromise and hoped Council would come to a consensus. MOTION TO AMEND Ald. Teresinski moved to amend Ordinance 12-92 to include option 2; seconded by Ald. Gallagher. Council discussed again the four options. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE ON MOTION TO RECEIVE AND FILE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to waive second reading of Ordinance 12-92; seconded by Ald. Gallagher. Motion carried 5-2-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Povlsen. Nay: Jacobson, O’Leary. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-92; seconded by Ald. Gallagher. Motion carried 5- 2-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Povlsen. Nay: Jacobson, O’Leary. Absent: Baker. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-93 ESTABLISHING AN ANNUAL TAX LEVY FOR THE CITY OF DEKALB, ILLINOIS FOR THE TAX YEAR 2012. Mayor Povlsen read Ordinance 12-93 by title only. MOTION Ald. O’Leary moved to receive and file Ordinance 12-93; seconded by Ald. Teresinski. Ms. Pisarcik explained that the tax levy will capture new construction. Ald. Naylor stated that taxes are being increased due to the differential in the EAV. Ms. Pisarcik replied the EAV has begun dropping; residential EAVs have dropped 11%; commercial 6%. Thus, residences are being taxed less. Ald. Teresinski added that last year the City collected $9 million from existing properties; this ordinance would collect the same $9 million and residents are paying the same. The new construction would be paying new taxes, he said. MOTION TO AMEND Ald. Naylor moved to amend Ordinance 12-93 to maintain the same tax rate as last year. Mayor Povlsen declared the motion defeated for lack of a second.  Regular City Council Meeting Minutes November 26, 2012 Page 9 of 12 VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-94 ABATING TAXES LEVIED FOR CORPORATE PURPOSES OF THE CITY OF DEKALB, ILLINOIS FOR THE TAX YEAR 2012 (BONDS). Mayor Povlsen read Ordinance 12-94 by title only. MOTION Ald. Teresinski moved to receive and file Ordinance 12-94; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Naylor moved to waive second reading of Ordinance 12-94. Mayor Povlsen declared the motion defeated for lack of a second. 4. ORDINANCE 12-95 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 51, “TRAFFIC,” SECTION 51.14, “LIMITED PARKING,” SECTION 51.17, “MUNICIPAL PARKING LOTS AND PARKING STALLS,” AND SECTION 51.19, “PENALTIES.” Mayor Povlsen read Ordinance 12-95 by title only. MOTION Ald. O’Leary moved to receive and file Ordinance 12-95; seconded by Ald. Lash. Mr. Frieders explained the updates to Chapter 51 including overnight parking in downtown lots; parking violation increases from $3 parking to $25 minimum and handicapped parking violation increase to $350. Discussion followed regarding the timeframe for property owners to install new signs implementing the increase in handicapped parking violations from $250 to $350. MOTION TO AMEND Ald. Naylor moved to amend Ordinance 12-95 to require a stipulation that property owners change their handicapped signs violations to $350 within 180 days of the passage of the Ordinance; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-95; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Regular City Council Meeting Minutes November 26, 2012 Page 10 of 12 Ald. Naylor moved to pass Ordinance 12-95; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 5. ORDINANCE 12-96 AMENDING CHAPTER 3, “CITY ADMINISTRATION,” SECTION 3.43, “MANAGEMENT PAY PLAN” OF THE CITY CODE OF THE CITY OF DEKALB PERTAINING TO THE MANAGEMENT PAY PLAN, AMENDING SECTION 3.14 OF THE CITY CODE OF THE CITY OF DEKALB, ILLINOIS, PERTAINING TO THE CITY CLERK, AND AUTHORIZING CERTAIN COMPENSATION FOR THE ACTING CITY CLERK/EXECUTIVE ASSISTANT. Mayor Povlsen read Ordinance 12-96 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-96; seconded by Ald. O’Leary. Mr. Frieders explained the ordinance including the current City Clerk functioning as the Executive Assistant, along with the Clerk duties with a 10% pay adjustment for performing outside the scope of her duties. Additionally, Section 3.14 reflects previous actions the Council has taken. Mayor Povlsen noted that this is a cost savings to the taxpayers. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-96; seconded by Ald. Teresinski. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. MOTION Ald. Naylor moved to pass Ordinance 12-96; seconded by Ald. Teresinski. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 12-111 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO EXECUTE AN AGREEMENT WITH PSA DEWBERRY TO PROVIDE A CONDITION ASSESSMENT OF THE CITY HALL SPACE NEEDS AND CONCEPTUAL DESIGN STUDY. Mayor Povlsen read Resolution 12-111 by title only. MOTION  Regular City Council Meeting Minutes November 26, 2012 Page 11 of 12 Ald. Lash moved to pass Resolution 12-111; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-112 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO EXECUTE AN AGREEMENT WITH SCHREIBER, ANDERSON AND ASSOCIATES DESIGN GROUP (SAA) TO PROVIDE CONSULTING SERVICES TO UPDATE THE DOWNTOWN REVITALIZATION PLAN. Mayor Povlsen read Resolution 12-112 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-112; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 3. RESOLUTION 12-113 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO EXECUTE A SERVICE AGREEMENT WITH EXECUTIVE PARTNERS, INC., TO ASSIST THE CITY IN DEVELOPING OVERALL STRATEGIC PRIORITIES AND DIRECTION FOR THE CITY’S FINANCIAL AFFAIRS. Mayor Povlsen read Resolution 12-113 by title only. MOTION Ald. Gallagher moved to pass Resolution 12-113; seconded by Ald. Teresinski. Mr. Espiritu explained this would include Phase II of the plan and noted that Council has implemented a majority of the recommendations from Phase I which has helped the City’s finances. Mr. Rob Oberweise of Executive Partners stated workshops will be conducted along with interviews of staff. He added that a detailed final report will be provided with specific recommendations. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Mayor Povlsen stated that Gary Mulles will conduct the annual Toy Drive at The House this Sunday from 1:30-5:00 p.m. Mayor Povlsen and Council wished the Huskies good luck at their game this weekend Regular City Council Meeting Minutes November 26, 2012 Page 12 of 12 Ald. Teresinski asked the status of an inventory of the water mains; Mr. Moore stated staff is researching grant funding to pay for water improvements Ald. Lash stated that the Kishwaukee Community Band Holiday Concert is Sunday, December 9th. Ald. Gallagher acknowledged Mr. Frieders for his work on changes to the Municipal Code in making it easier to understand. Ald. Naylor encouraged Council to look at the land swap and noted he supported keeping that area “green.” Also, he said, the DeKalb Education Foundation will have a wine tasting at Schnucks December 5th from 5-7 p.m. Ald. O’Leary asked who enforces the ordinances once they are passed and particularly asked about regulations for taxi/livery licenses that were recently passed. She inquired if any have been licensed. Ms. Wright replied that some have inquired, but none have been licensed. Mr. Frieders added that enforcement efforts are in place and they will be cited if in violation of the ordinance. Mr. Biernacki stated that during the meeting he received a text message that both the applicant and the School District have withdrawn their request to rezone the property. Mr. Frieders acknowledged Ald. Gallagher’s previous comments and added that he has a unique benefit working with the City and added that he has all levels of staff support in assisting him. Most of the recommendations on the Code amendments come from staff, he said. Chief Lowry echoed Ald. Gallagher’s comments regarding Mr. Frieders and stated he has not worked with a finer city attorney. Chief Hicks thanked Council for the approval of the fire engine purchase. He also acknowledged the DeKalb Community Foundation for the $14,000 award for the cardiac compression unit. Mr. Moore noted that leaf pick-up ends November 30th. 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) AND PENDING LITIGATION 5 ILCS 120/2(c)(11). Removed from the Agenda. N. ADJOURNMENT: Ald. Naylor moved to adjourn the meeting; seconded by Ald. Jacobson Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 10:05 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council December 10, 2012