City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB December 10, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, December10, 2012 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 6:00 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary and Mayor Kris Povlsen. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney, Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF A REQUEST TO SET THE DECEMBER 2012 MEETING SCHEDULE. Mr. Biernacki recommended that Council cancel the December 24, 2012 Council meeting. MOTION Ald. Teresinski moved to approve staff’s request to cancel the December 24, 2012 Committee of the Whole and Regular meetings; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF A REQUEST TO AMEND CHAPTER 16, FIRE-LIFE SAFETY AND CHAPTER 27, GAS STATION LICENSES. Mr. Frieders stated that the recommended amendments to Chapter 16 and 27 include seeking additional detail regarding the actual areas of the buildings; requesting additional contact information; implementation of a two-tier system to distinguish between larger establishments Committee of the Whole Meeting December 10, 2012 Page 2 of 4 over 35,000 square feet which require additional inspection time, and a provision that no license be issued if a licensee owes a debt to the City. MOTION Ald. Teresinski moved to approve staff’s recommendations to amend Chapter 16 and Chapter 27 and directed staff to bring back an ordinance for formal Council approval; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF A REQUEST TO AMEND CHAPTER 52, OFFENSES AGAINST PUBLIC PEACE – SAFETY AND MORALS. Mr. Frieders described the recommended amendments to Chapter 52 which include reducing the fine of $750 (mail-in process) for small amounts of cannabis to $350 through the mail-in process. If the mail-in process is not utilized, the fine would remain $750 along with court costs, he said. There are more severe sanctions for repeat offenders, he added. Council discussed the amendment and asked questions of Mr. Frieders. Ald. Jacobson asked what the current fine is for minors charged with alcohol. Mr. Frieders stated he believed it is $200 plus court costs. MOTION Ald. Gallagher moved to approve staff’s recommendations to amend Chapter 52; seconded by Ald. Teresinski. MOTION TO AMEND Ald. Jacobson moved to amend staff’s recommendation of Chapter 52 to include that the three strikes would not be invoked (regarding the disorderly housing issue) if it is processed as a mail- in fine and that the fine equal the same amount as is currently for minors charged with alcohol; seconded by Ald. Baker. Council discussed the amendment. Mr. Frieders noted that this was included in the disorderly housing ordinance and DARA agreed. Mayor Povlsen concurred and asked Council to consider the ordinance that was recently passed. Ald. Gallagher agreed and noted that the three strikes conversation is another discussion. Ald. Lash agreed and stated she would not support the amendment. She added that the decision is best left to the officer at the scene. Chief Lowery stated that the 2.5 grams or less is the lowest offense that the City can charge. He added that the mail-in procedure is making the best use of the officer’s time. Regarding a disorderly house call, he stated that the officer is trying to resolve that situation and not looking for cannabis. He recommended that Council make a decision on the fine as a mail-in. Ald. Teresinski agreed and stated he would support the ordinance as written. MOTION TO AMEND Ald. Jacobson rescinded his earlier motion and moved to change the fine for small amounts of cannabis to equal the fine for minors charged with alcohol; seconded by Ald. Baker. Motion failed on roll call vote. Aye: Jacobson, Lash, Baker, O’Leary. Nay: Teresinski, Gallagher, Naylor, Povlsen. Mayor Povlsen declared the motion defeated.  Committee of the Whole Meeting December 10, 2012 Page 3 of 4 VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4) CONSIDERATION OF A REQUEST TO AMEND CHAPTER 33 OF THE MUNICIPAL CODE, CHAPTER 33, PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS. Mr. Frieders explained the proposed amendments to Chapter 33 providing for public safety and registered charitable organizations soliciting in roadways. Additionally, he described changes for solicitors to include providing disclosure of whether or not they are participating in a City program. Also, the ordinance will require registration of ice cream vendors and place further regulations on how they sell and dispense product. Itinerant merchants would be allowed a permit past the current thirty days, he added. Ald. Baker wanted to specifically include that door hangars are permitted, but not items left on the lawns. MOTION TO AMEND Ald. Baker moved to amend staff’s recommendation of Chapter 33 to include that door hangars are permitted, but items cannot be left in mailboxes or the lawn; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mr. Frieders noted that currently the City exempts religious organizations from enforcement and recommends that schools, park districts, boy and girl scouts be exempt from the requirement of a license. Discussion continued on this point. Ald. Naylor asked if the ordinance addresses news media leaving papers in the driveway and how can this be controlled. Mr. Frieders replied it would be best to draft a regulation to address that behavior. He added he would look at the Code and place the restriction where it makes most sense. MOTION Ald. Lash moved to approve staff’s recommendation to amend Chapter 33; seconded by Ald. Jacobson. 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); 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) AND WORKER’S COMPENSATION 5 ILCS 120/2(c)(12). Mr. Biernacki asked that the request for closed session be amended to include imminent litigation. 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 or Imminent Litigation 5 ILCS 120/2(C)(11) and Worker’s Compensation 5 ILCS 120/2(c)(12). ; seconded by Ald. Gallagher. Motion carried 8-0 Committee of the Whole Meeting December 10, 2012 Page 4 of 4 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. Teresinski moved to adjourn the meeting; seconded by Ald. Naylor. 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 January 14, 2013  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB December 10, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, December 10, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:08 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Mayor Kris Povlsen; Alderman David Jacobson., Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager, Dean Frieders, City Attorney; 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; Ted Kozinski, Assistant Finance Director; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Baker led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mayor Povlsen added to the Agenda: Proclamation declaring January 1, 2013 as “Huskie Day” Additionally, Mr. Biernacki asked that Item E.4, Resolution 12-114 and M., Closed Session be removed from the Agenda. MOTION Ald. Naylor moved to remove Item G., Public Hearing and postpone it for sixty days. Mr. Biernacki stated that the Public Hearing has been advertised and Council is required to hold it but doesn’t have to take action on it. There being no second, the motion died. 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. Regular City Council Meeting Minutes December 10, 2012 Page 2 of 12 D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: I. SPECIAL ITEMS ● Proclamation Declaring January 1, 2013 as Huskie Day Mayor Povlsen read the Proclamation declaring January 1st as “Huskie Day” and presented it to Athletic Director Jeff Compher, Head Coach Rod Carey and Director of Communications and Marketing, Brad Hoey of NIU. Mr. Compher thanked the City on behalf of President Peters, NIU faculty and staff. Coach Carey added he would pass it on to the team and let them know the City is behind them. ● Proclamation Proclaiming December Drunk and Drugged Driving Prevention Month Mayor Povlsen read the Proclamation. ● Keep Encouraging Youth to Succeed Awards The DeKalb County Keys Committee presented awards to youth for Leaders of Tomorrow. Awards were presented to Jacob Fowler, an 11 year old for his volunteer work, Samantha Parker, for her work with Volunteens, Joe Rathke for his work with the DeKalb Community Gardens and other other garden areas. Mayor Povlsen noted this shows we have many fine young people in our community. ● Government Finance Officers Association (GFOA) Certificate of Achievement for Financial Reporting Mr. Espiritu introduced Brian Caputo, Finance Director of the City of Aurora who presented the GFOA certificate to Ms. Pisarcik and Mr. Kozinski. The City had to conform to the demanding criteria, he said. This marks the 18th consecutive year that DeKalb has received this record of achievement, he said. ● Annual Audit Report -– Jamie Wilkey of Lauterbach & Amen Ms. Wilkey provided a summary of the financial statement and comparison report with four other municipalities. Her firm gave the highest level of opinion on the audit. She noted the positive 18% balance in the General Fund and pointed out that Council is looking at a 25% balance by 2015 and the City is heading in the right direction. ● Other Post Employment Benefit (OPEB) Report Ms. Pisarcik presented the report and noted that the City now has $20 million less in liability due to actions taken by the City on retiree insurance. Ald. Teresinski recognized the staff and Council for making many tough decisions and changes in operations. Mayor Povlsen added his acknowledgement and asked staff for a report on fund balances, and a report on the reduction in post-employment benefit obligations to include what has been accomplished in the last four years. ● Insurance Service Organization (ISO) Presentation Chief Hicks gave an overview of the six-month survey which indicates what insurance will cost the City by looking at dispatch, fire, police and water systems. Currently DeKalb has a rating of 4 which is in the mid-range. He pointed out some of the deficiencies that were elaborated in the report and stated what the City is doing to raise its rating.  Regular City Council Meeting Minutes December 10, 2012 Page 3 of 12 ● Police Department Future Operational and Staffing Plan Chief Lowery provided the department’s vision for 2013 and 2014. Broad categories include legislation, administrative tow ordinance, community-based initiatives, and community service initiatives. He noted the new partnership with NIU and the NIU Police Department. Chief Lowery plans to introduce web-based reporting for incidents and implementation of field-base reporting for officers. Also, he spoke on “I WATCH” where crimes can be reported through smart phones. He is starting a “Coffee with the Chief where he will meet with residents at local restaurants. Chief Lowery said he will discuss staffing requests at budget time. II. APPROVAL OF MAYOR APPOINTMENTS: NONE III. CITIZENS’ COMMENTS Ms. Christine Gardner, DeKalb, Illinois asked Council to take an active stance on the land swap issue with the School District and help preserve the park. Mayor Povlsen stated that he has met with the School Board and Park District and noted that the City is concerned with what is best for its citizens and discussions are ongoing. Mr. Marvin Levinsky, DeKalb, Illinois spoke about the nature trail where Com Ed cut the trees there. He said that DeKalb lost part of its beauty. He said he was concerned the City and Park District did nothing to stop this and added that a plan should be presented to the City along with a plan for restoration. Mayor Povlsen noted that the City was unaware this was occurring and have since had conversations with ComEd for better control. Mr. Frieders stated as soon as the City became aware of the situation, staff looked at the easement which allows ComEd to not only trim, but to cut down to the ground. The City could pass an ordinance, he said, but under federal regulations they have the right to maintain the area and there is very little the City can do. Ms. Jane Levinsky, DeKalb, Illinois stated that this is horrific destruction. They do not have to clear cut and it is up to the City to put regulations in place, she said and permits are required in other cities with a replacement plan. She asked that an ordinance be developed to protect the green space. She added she is concerned about the lack of leadership by the Park District and asked the City to work with them. Ms. Bessie Chronopoulos, DeKalb, Illinois said that we must protect the future for the children. There are positive dynamics at City Hall, she said. She added that she wants to rely on the City for the land swap, Irongate and the nature trail. Federal regulations need to be looked at, she said. She encouraged continued discussions between the City, School District and Park District. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Gallagher moved to approve the Consent Agenda; seconded by Ald. O’Leary. 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 December 10, 2012 Page 4 of 12 MOTION Ald. Teresinski moved to approve the listings on the Consent Agenda; 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. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: November 26, 2012 Regular Meeting: November 26, 2012 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Economic Development Committee Minutes: July 12, 2012, October 8, 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 12-97 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 51, “TRAFFIC,” SECTION 51.13, “PARKING PROHIBITED,” SCHEDULE C, BY AMENDING SECTIONS “NO PARKING AT ANYTIME – DECEMBER 1 TO APRIL 1” TO THE EAST SIDE OF NORTH TENTH STREET FROM DAVY STREET TO NORTH TERMINUS AND THE WEST SIDE OF NORTH ELEVENTH STREET FROM DAVY STREET TO SCHOOL STREET. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 12-114 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A LEASE AGREEMENT WITH AMERICAN TOWER FOR THE PURPOSE OF TRANSIT COMMUNICATIONS IN AN AMOUNT NOT TO EXCEED $21,600. Removed from the Agenda F. PURCHASES AND BID AWARDS: NONE. G. PUBLIC HEARINGS: 1. PUBLIC HEARING ON IRONGATE ANNEXATION. Mayor Povlsen opened the Public Hearing at 8:38 p.m. Mr. John Whitt, Geneva, IL, licensed engineer and representative for Gary Cordes and the Heinisch family and noted that concerns were passed to the petitioner and explained some of them, specifically the dam issue. Mayor Povlsen asked that this be presented to the engineering  Regular City Council Meeting Minutes December 10, 2012 Page 5 of 12 staff. Mr. Whitt continued regarding permits. Mayor Povlsen asked that his concerns be passed on to the petitioner and the City’s engineer. MOTION TO EXTEND MEETING At 8:46 p.m., Ald. Jacobson moved to extend the meeting past 9:00 p.m.; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mr. Gary Cordes, Sycamore, Illinois, stated they are not against the plan but presented issues that are of concern. He spoke about the release of water and stated that a grass waterway should be created. Additionally, he said there is concern about access to Bethany Road. Also, he said he wants to provide input to assist the City with issues. Ms. Bessie Chronopoulos, DeKalb, Illinois stated she attended the Planning and Zoning meeting and had questions on drainage, density and the developer. She asked if there is sufficient green space. She requested that the City look at the entire housing issue in DeKalb and stated the City doesn’t need more housing stock. She added she would support a moratorium on building. Additionally, she stated she questioned the fiscal ability of the developer. Mr. Tom Riley, DeKalb, Illinois and a member of the DeKalb County Garden Club stated they are trying to teach youth to plant and green space is needed. Ms. Jan Jacobson, DeKalb, Illinois said that on the corner of Pearl and Route 38 there is a sign stating “future development of Shodeen” but noted that the houses are boarded up and are an embarrassment to the City. Ms. Don Dombarc, DeKalb, Illinois, pastor of Christ Community Church acknowledged the community involvement that the church enjoys. He stated that his church is looking for a permanent place in DeKalb and Irongate presents a great opportunity for them and believes it is a great location. Jim Horn, First United Methodist Church – stated that the church has been in present location and they are looking to relocate. They feel Irongate will offer a tremendous opportunity to serve the community. He asked the City to support the development. Mayor Povlsen stated he hoped the project will work with the School District to acquire the property and move forward on the annexation agreement. Ald. Teresinski stated he is reluctant to move forward pending the School District desires. Townhomes in the agreement: remains a critical item, he added and is concerned about apartments above commercial businesses. Ald. Naylor expressed concern for community and thought it best to forego discussion on this until other units of government come to a resolution on the issues. Ald. Naylor suggested that the developer amend the plan and pointed out the plan includes 19% townhomes which he would like to see spread out more throughout the development. Additionally, he raised concerns regarding the Normal road extension. Ald. Lash expressed concern regarding density, drainage issues and DeKalb’s current housing stock. Additionally, she stated she has concerns with waiving impact fees. Ald. Lash stated she does not agree we need more housing and cannot support it. Ald. Baker stated these discussions Regular City Council Meeting Minutes December 10, 2012 Page 6 of 12 should be held in a workshop meeting rather than with two Council Members at a time. Ald. Jacobson agreed with Ald. Lash. Until the City determines what it will do in the next 10-20 years with housing stock, this is premature, he said, and the issue should be shelved. He added that we need to look at “bettering” our neighborhoods. There being no further comments, at 9:20 pm, Mayor Povlsen continued the Public Hearing. Ald. Naylor asked what the next step is. Mr. Biernacki replied that it might behoove us to have a special meeting on this topic. Staff and Mr. Patzelt, of Shodeen, needs to understand Council’s direction, he said. Mr. Patzelt agreed with Mr. Biernacki about a special meeting to discuss specific issues. He stated that Shodeen worked with staff and the School District regarding the townhomes. Now, he said, Council is asking to reduce the project. He addressed many of Council’s questions. Ald. Naylor agreed a special meeting is needed. Ald. Gallagher stated a special meeting should be scheduled in the next month and School District officials should be present. Mayor Povlsen stated that the Public Hearing would probably be continued to the January 28, 2013 meeting. 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 pass Ordinance 12-62: seconded by Ald. Gallagher. Mr. Hiland stated the item was continued because the developer was attempting to get another tenant on the property. They now have a second tenant and want to move forward. Mr. Hiland shared with Council the areas that have changed. The developer noted that Jersey Mikes will be one of the tenants along with Baskin Robbins and Dunkin Donuts. Council discussed extensively the signage and landscaping. VOTE  Regular City Council Meeting Minutes December 10, 2012 Page 7 of 12 Motion carried 7-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Nay: O’Leary. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-93 ESTABLISHING AN ANNUAL TAX LEVY FOR THE CITY OF DEKALB, ILLINOIS FOR TAX YEAR 2012. Mayor Povlsen read Ordinance 12-93 by title only. MOTION Ald. Teresinski moved to pass Ordinance 12-93; seconded by Ald. Gallagher. Motion carried 5-3 on roll call vote. Aye: Teresinski, Lash, Gallagher, O’Leary, Povlsen. Nay: Jacobson, Naylor, Baker. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-94 ABATING TAXES FOR CORPORATE PURPOSES OF THE CITY OF DEKALB, ILLINOIS FOR THE TAX YEAR 2012. Mayor Povlsen read Ordinance 12-94 by title only. MOTION Ald. Teresinski moved to pass Ordinance 12-94; seconded by Ald. O’Leary. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-98 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 51, “TRAFFIC,” SECTION 51.08, “THROUGH STREETS AND STOP INTERSECTIONS,” SCHEDULE B, SECTION 2, “STOP INTERSECTIONS” FOR HEATHERFIELD LANE STOPPED TRAFFIC AT WILDFLOWER LANE AND SECTION 4, “YIELD INTERSECTIONS” FOR PEBBLECREEK COURT YIELD TRAFFIC AT HEATHERFIELD LANE. Mayor Povlsen read Ordinance 12-98 by title only. MOTION Ald. Gallagher moved to consider Ordinances 12-98, 12-99 and 12-100 in Omnibus form; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes December 10, 2012 Page 8 of 12 Mr. Frieders confirmed that Council is approving the amended version of Item J.2, Ordinance 12-99. Mayor Povlsen read Ordinance 12-98, 12-99 and 12-100 by titles only. MOTION Ald. Jacobson moved to receive and file Ordinances 12-98, 12-99 and 12-100; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinances 12-98, 12-99 and 12-100; seconded by Ald. Gallagher. 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. MOTION Ald. Teresinski moved to pass Ordinances 12-98, 12-99 and 12-100; seconded by Ald. Gallagher. . 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. ORDINANCE 12-99 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 51, “TRAFFIC,” SECTION 51.08, “THROUGH STREETS AND STOP INTERSECITONS,” SCHEDULE B, BY AMENDING SECTION 5 “THREE- WAY STOP” BY ADDING INTERSECTIONS OF HEATHERFIELD LANE AT DANIEL DRIVE AND HEATHERFILED LANE AT TALLMEADOW DRIVE. Passed in Omnibus Form. 3. ORDINANCE 12-100 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 51, “TRAFFIC,” SECTION 51.05-5, “SPEED RESTRICTIONS,” SCHEDULE Q, BY ADDING 25 MPH NEIGHBORHOOD SPEED LIMIT FOR THE HEATHERSTONE SUBDIVISION STREETS WEST OF NORTH FIRST STREET FROM ROYAL DRIVE TO DRESSER ROAD. Passed in Omnibus Form. 4. ORDINANCE 12-101 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 35, “TOWING POLICY” RELATING TO TOWING AND RELOCATION OF VEHICLES FOR THE CITY OF DEKALB. Mayor Povlsen read Ordinance 12-101by title only. MOTION Ald. Jacobson moved to receive and file Ordinance 12-101; seconded by Ald. Gallagher.  Regular City Council Meeting Minutes December 10, 2012 Page 9 of 12 Mr. Bill Lovett, of Lovett’s Towing thanked the City for allowing Lovett’s to serve for 30 years. He spoke in favor of a single tow contract for the City and added there must be a combination of smaller tows along with larger tows. He stated that the economy hurts everyone. He stated he doesn’t have a problem with calling out for other tows if the situation arises but there isn’t enough work for the rotation, he said. He suggested Council take a hard look at relocator fees; he doesn’t think that the raise is justified. Ald. Lash asked what other communities charge. Chief Lowery stated that staff proposes using Kane County and ICC fees as a baseline – this would put a ceiling on it. Mr. Frieders stated that the City rotation would not be used for relocation tows and added this should not be seen as negative for any towing business in DeKalb. He added that it is important to note the tow fees for relocators haven’t been changed in decades. We have property owners who have said they can’t get tow companies here because the tow rates are too low, and have asked the City for help, he added. Ald. Teresinski asked Mr. Lovett why this will not work for him. Mr. Lovett stated he doesn’t have to tow many cars and believes his industry is taken advantage of. He added he believes the tows will go down because of the increase in price. Ald. O’Leary stated that Lovett’s charged her $150 to tow her car from Annie Glidden to her shop, not $55. Ald. Baker stated he doubts there are any apartment owners having trouble, and is not interested in bringing in a company from Rockford or somewhere else to take care of the students. We have had these problems in the past where there were two main relocators, he said. There is a difference between on call tow and those that do patrolling, he added. There was only one other tow company last time Council addressed this, he said. There is concern if we spread it out we won’t have a responsible company to respond. Mr. Frieders stated that the ordinance requires companies that want to be included to provide a great deal of information and will be required to have all the equipment required. He added that the Lovett’s contract automatically renews forever unless City terminates it. Additionally, he said that under Illinois law, the ordinance can take effect immediately if council includes a state of emergency, rather than waiting the normal ten days for the ordinance to go into effect. Additionally, he asked that Section 35.14 be amended to note that it is unlawful to impose a charge for relocation or storage. Staff would work with them on tow rotation. He stated that staff would like to give termination notice to them. MOTION TO AMEND Ald. Jacobson moved to amend Ordinance 12-101 to include the emergency clause; ceiling on storage not to exceed ICC rates, provide notice to Lovett’s to terminate current agreement and eliminate drop within City limits; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes December 10, 2012 Page 10 of 12 Ald. Naylor stated he supported the ordinance with the exception of the rotation. Chief Lowery stated he has worked in other communities with the rotation and it has been successful. He added it is difficult for other companies to purchase equipment if not given the opportunity. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. O’Leary moved to waive second reading of Ordinance 12-101; seconded by Ald. Gallagher. Motion carried 7-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary. Nay: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to pass Ordinance 12-101; seconded by Ald. O’Leary. 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. K. RESOLUTIONS: 1. RESOLUTION 12-115 RESOLUTION APPROPRIATING MOTOR FUEL TAX FUNDS IN THE AMOUNT OF $450,038.45 FOR MAINTENANCE OF VARIOUS STREETS IN THE CITY OF DEKALB, ILLINOIS (2013) (SECTION 13-00000-00-GM). Mayor Povlsen read Resolution 12-115 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-115; seconded by Ald. Gallagher. . 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 12-116 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ENGINEERING AGREEMENT WITH BAXTER AND WOODMAN FOR DESIGN AND CONSTRUCTION STAKING SERVICES FOR SOUTH FIRST STREET WATER MAIN REPLACEMENT AND WAIVING THE REQUIREMENT TO TAKE PROPOSALS FOR ENGINEERING SERVICES. Mayor Povlsen read Resolution 12-116 by title only. MOTION Ald. Naylor moved to pass Resolution 12-116; seconded by Ald. Teresinski.  Regular City Council Meeting Minutes December 10, 2012 Page 11 of 12 MOTION AMEND Ald. Gallagher moved to reject bids and direct staff to proceed with proposals; seconded by Ald. Lash. Ald. Teresinski asked if there is any impact on timing to go out for proposals. Mr. Maurer replied that work could be delayed until spring; Baxter could be mobilized to start tomorrow. A delay may mean the City will not get full construction season, he said. Mr. Moore added that Baxter and Woodman developed all wells and water system and has knowledge of it. Ald. Naylor concurred with Ald. Gallagher to request proposals, but noted that the firm has been here and has the most intimate knowledge of the system and has the water model and expertise. Others may not know the system, he said. Additionally, he added, this is a relatively small job and will cause additional time for the City. VOTE ON MOTION TO AMEND Motion carried 5-3 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, O’Leary. Nay: Naylor, Baker, Povlsen. Mayor Povlsen declared the motion passed. 3. RESOLUTION 12-117 ADOPTING THE TRANSPORTATION IMPROVEMENT PROGRAM FOR DEKALB TAYLOR MUNICIPAL AIRPORT FOR FISCAL YEARS 2014-2020. Mr. Moore explained that the City is required each year to provide projects. He explained proposed projects. All items would come back to Council for approval, he added. MOTION Ald. Naylor moved to pass Resolution 12-117; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Mayor Povlsen and Council wished Huskies good luck at the Orange Bowl. Mayor Povlsen asked for a follow up on an ordinance cutting trees in the easements. Mayor Povlsen and Council wished all Happy Holidays. Ald. Teresinski stated he would like to represent Council on the path development committee. Ald. Naylor thanked Det. Reyes for conducting the Neighborhood Watch Group. Ms. Wright noted that candidates can begin presenting their petition packets for placement on the April 9th ballot. The timeframe is December 17-26, she said. Offices open are Wards 2, 4 and 6, Mayor and Clerk. Chief Lowery stated twenty-one children were supported through “Shop with a Cop.” The presents will be delivered to them on Christmas Day, he said. Regular City Council Meeting Minutes December 10, 2012 Page 12 of 12 M. RECESS FOR CLOSED SESSION: 1) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); COLLECTIVE BARGAINING 5 ILCS 120/2(c)(2); PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); PENDING LITIGATION 5 ILCS 120/2(c)(11) AND WORKER’S COMPENSATION 5 ILCS 120/2(c)12).\ Acted on during Committee of the Whole Meeting; removed from this Agenda. N. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the meeting; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed and declared the meeting adjourned at 10:55 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council January 14, 2013