City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB February 11, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, February 11, 2013 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: Deputy City Clerk Higgins called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker, and Mayor Kris Povlsen. Absent were Alderman Tom Teresinski 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; Roger Hopkins, Economic Development Consultant, Jeff Birtell, I&T Technician; and Tammey Higgins, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF EPI UPDATE. Mr. Oberwise of EPI provided an update on the current EPI review. He stated his comments were not conclusions, just giving Council a sense of the project status. He shared that his team had met with staff and different stakeholders and information has also been gathered; his team is analyzing the data received. He commented on the difference in approach from the initial study and this current project. He stated that he anticipated a workshop to be held with department heads on April 12th, with a workshop with Council on April 13th. The result of the workshops would be to provide direction to EPI to submit their final recommendations. Committee of the Whole Meeting February 11, 2013 Page 2 of 3 2) CONSIDERATION OF A TREE PRESERVATION ORDINANCE. T.J. Moore provided additional information as requested by Council regarding potential approaches for tree preservation in the City. He shared information relating to ordinances from other communities. Mark Biernacki informed Council that conversations had been held with ComEd and the City had been advised that jurisdiction over easements for ComEd were controlled either at Federal level or oversight of the ICC; that municipalities did not have the ability to prohibit or restrict maintenance efforts by ComEd. Discussions followed regarding different types of controls that could be considered by the City relating to protection of trees, removal permits, public safety considerations, improved communication with ComEd, working with developers to preserve trees, and consideration of a replacement policy for trees that are removed. Staff was directed to bring back possible approaches derived from Council’s comments. 3) CONSIDERATION OF AMENDING CHAPTER 37 OF THE MUNICIPAL CODE, “GAMES OF CHANCE – RAFFLES.” Dean Frieders discussed the background history of the Raffle License and shared that DeKalb County also licenses raffles in the same way the City does. He stated that the City issues the licenses but there is no follow-up once issued. In responding to concerns about “shysters” running a raffle, Mr. Frieders stated that under the State Act, raffles were limited to not-for-profit organizations and anyone outside of that definition was conducting an illegal gambling event. Council discussed the matter and agreed that the Chapter should be terminated. MOTION Ald. Gallagher moved to instruct staff to bring back an ordinance terminating Chapter 37 for formal Council approval at the February 25, 2013 Regular Council meeting; seconded by Ald. Naylor. Motion carried on voice vote. 4) 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); AND PENDING LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Lash moved to approve staff’s request to hold a closed session to discuss Personnel 5 ILCS 120/2(c)(1); Collective Bargaining 5 ILCS 120/2(c)(2); Purchase of Real Property 5 ILCS 120/2(c)(5); and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. Jacobson. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 6:50 p.m. Mayor Povlsen opened the meeting to the public at 7:05 p.m.  Committee of the Whole Meeting February 11, 2013 Page 3 of 3 D. ADJOURNMENT: MOTION Ald. Gallagher moved to adjourn the meeting; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the Committee of the Whole meeting adjourned at 7:10 p.m. ______________________________________ TAMMEY M. HIGGINS, Deputy City Clerk Approved by City Council February 25, 2013  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB February 11, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, February 11, 2013 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 Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, and Alderman David Baker. Absent were Alderman Tom Teresinski and Ald. 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; Jamie Smirz, Community Services Coordinator; Jennifer Diedrich, Economic Development Coordinator; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Teresinski advised he would be out of town and unable to attend the meeting. B. PLEDGE OF ALLEGIANCE: Ald. Gallagher led The Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mayor Povlsen requested that Item M., Recess for Closed Session be removed from the Agenda. MOTION Ald. Gallagher moved to approve the Agenda as amended; seconded by Ald. Naylor. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: 1. SPECIAL ITEMS ● Voluntary Action Center (Tom Zucker) Human Services Funding Update Mr. Zucker, Executive Director for Voluntary Action Center (VAC), summarized the services provided by VAC. He stated that the funds provided by the City assists VAC in leveraging state Regular City Council Meeting Minutes February 11, 2013 Page 2 of 9 and federal grants which enables them to provide more services. In 2011 over 62,000 meals were delivered; over 64,000 were delivered in 2012 with approximately 60% serving DeKalb residents. VAC anticipates providing 220,000 rides this year, a 10% increase from last year. In November the County Board committed a piece of land for VAC, he added. He thanked Council for its continued support. 2. APPROVAL OF MAYOR APPOINTMENTS: NONE. 3. CITIZENS’ COMMENTS Ms. Jane Levinsky, DeKalb, Illinois stated she is encouraged that Council is getting involved in the preservation of trees and thanked TJ Moore for meeting with the DeKalb Nature Group. She added that Com Ed’s intentions were not to communicate regarding federal mandates. Mr. Marvin Levinsky, DeKalb, Illinois suggested there was not enough communication (regarding the trees on the nature trail) and a procedure should be in place to inform the community. Ms. Ariel Ries, owner of Small Town Skate Shop addressed the parking ticket violation increasing from $3 to $25 and stated it is unfair and will drive patrons away from downtown. Mayor Povlsen suggested a meeting with the downtown business, and noted it is not about the fine, but the parking issue. Mr. Biernacki stated staff could work with Re:New to convene a group to determine if there are alternatives. He noted that the increase in fines was discussed in November and voted by Council: other university towns were polled and their fees were similar. Ald. Baker stated that the underlying issue is that merchants should not be parking in those spaces. He suggested the $25 fine be changed back to $3. Mr. Biernacki asked that before conclusions are drawn, there was a rationale on the increase to $25. Ald. Naylor agreed and added that the $3 fine was not working and the $25 fine does. Mr. Biernacki stated that staff is receiving complaints on the other side that the City is not doing enough. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Gallagher moved to approve the Consent Agenda; seconded by Ald. Lash. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. MOTION Ald. Naylor moved to approve the Consent Agenda items; seconded by Ald. Gallagher. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole Meeting: January 28, 2013 Regular Meeting: January 28, 2013 Special Meeting: January 29, 2013  Regular City Council Meeting Minutes February 11, 2013 Page 3 of 9 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: NONE. 3. RESOLUTION 13-05: PROVIDING FOR A FEASIBILITY STUDY ON THE DESIGNATION OF A PORTION OF THE CITY OF DEKALB AS A REDEVELOPMENT PROJECT AREA AND TO INDUCE DEVELOPMENT INTEREST WITHIN SUCH AREA. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 13-06: PROVIDING FOR A FEASIBILITY STUDY ON THE DESIGNATION OF A PORTION OF THE CITY OF DEKALB AS A REDEVELOPMENT PROJECT AREA AND TO INDUCE DEVELOPMENT INTEREST WITHIN SUCH AREA. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 13-07: APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN FOR PROGRAM YEAR 20. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: 1. APPROVAL OF A REQUEST TO PURCHASE SIGNS THROUGH AURORA SIGN COMPANY IN THE AMOUNT OF $61,385 FOR THE DEKALB TAYLOR MUNICIPAL AIRPORT. MOTION Ald. Naylor moved to approve staff’s request to purchase signs through Aurora Sign Company in the amount of $61,385 for the DeKalb Taylor Municipal Airport; seconded by Ald. Gallagher. Mr. Moore advised that the recommendation includes signage with flag poles at Peace and Pleasant and replacement of the damaged sign in front of the FBO building. He noted that staff requests a waiver of competitive bidding given the nature of this purchase and the item would need a super majority vote. Ald. Jacobson asked is the purchase a “need vs. want” and asked Mr. Moore to convince him that this is an investment. Mr. Moore replied that the airport is a benefit to the region and community but believe some still have a marginal understanding of the airport and may not be aware of the many services the airport provides. This would assist in selling the airport to the community as an asset. Discussion ensued whether to vote on the item considering two Council Members are absent. Regular City Council Meeting Minutes February 11, 2013 Page 4 of 9 MOTION Ald. Lash moved to bring the item back to the February 25, 2013 meeting so that all Council Members could vote on the issue; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2. APPROVAL OF A REQUEST TO PURCHASE A REPLACEMENT VEHICLE; FORD F-550 TRUCK IN THE AMOUNT OF $59,502 FROM BRAD MANNING FORD. MOTION Ald. Naylor moved to approve staff’s request to purchase a replacement vehicle Ford F-550 truck in the amount of $59,502 from Brad Manning Ford; seconded by Ald. Lash. Mr. Moore explained the new Ford truck chassis will be a replacement for P-10. Also, he said, Brad Manning Ford agreed to match the state-wide bid purchase price. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. G. PUBLIC HEARINGS: NONE. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: NONE. J. ORDINANCES – FIRST READING: 1. ORDINANCE 13-06: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, SECTION 35.07 RELATING TO VEHICLE IMPOUNDMENT OR IMMOBILATION: TOW FOR SPECIFIED VIOLATIONS. Mayor Povlsen read Ordinance 13-06 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 13-06; seconded by Ald. Jacobson. Mr. Frieders advised that Council recently adopted the revised tow ordinance. However, staff has determined that the timelines are too aggressive for notices and administrative hearings. The ordinance recommends extending the notices to 45 days and the hearings to 90 days. The fines are not changed, he added. Council discussed the ordinance and asked questions regarding storage fees. Mr. Frieders clarified that the tows are specifically for criminal violations which include vehicles used in the  Regular City Council Meeting Minutes February 11, 2013 Page 5 of 9 commission of a felony, alcohol or drug use and driving with a suspended license; parking violations are not included in this ordinance. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinance 13-06; seconded by Ald. Gallagher. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to pass Ordinance 13-06; seconded by Ald. Lash. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. 2. ORDINANCE 13-07: AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS PUBLIC WORKS MUTUAL AID NETWORK (IPWMAN). Mayor Povlsen read Ordinance 13-07 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 13-07; seconded by Ald. Naylor. Mr. Moore advised that this agreement provides the City with the ability to assist other cities in a disaster and allows those cities to help DeKalb should there be a disaster. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinance 13-07; seconded by Ald. Naylor. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. MOTION Ald. Naylor moved to pass Ordinance 13-07; seconded by Ald. Gallagher. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 13-08: SEEKING PERMISSION TO REGULATE TRAFFIC ON ILLINOIS ROUTE 38 BETWEEN FIRST STREET AND FOURTH STREET BEGINNING ON THURSDAY, AUGUST 29 AT 3:00 P.M., FRIDAY, AUGUST 30, THROUGH Regular City Council Meeting Minutes February 11, 2013 Page 6 of 9 SATURDAY, AUGUST 31 AND SUNDAY, SEPTEMBER 1, 2013 FOR THE ANNUAL DEKALB CORN FEST. Mayor Povlsen read Resolution 13-08 by title only. MOTION Ald. Gallagher moved to pass Resolution 13-08; seconded by Ald. Lash. Mr. Biernacki advised that the Corn Fest Committee approached staff to move Corn Fest back to downtown. The resolution, he said, will close Lincoln Highway, with the approval of Illinois Department of Transportation. Corn Fest is one week later, he added to accommodate Moving Day at NIU in which City staff may be involved. Mr. Biernacki stated that the entire Fest will be north of the railroad tracks and that Van Buer Plaza will also be used. The majority of downtown businesses are supportive of the move, Mr. Biernacki said. Ms. Lisa Angel of Corn Fest agreed with Mr. Biernacki. Questions were asked by Council regarding the layout, out of town vendors and non-profit vendors. Ald. Jacobson stated it is not fair to the community and taxpayers who are paying a lot, and local vendors should be the highlight. He added that store owners downtown should not pay a fee. Ms. Angel replied that local vendors have a much reduced fee as do non-profits. It is a free festival, she added, but if it was limited to local vendors, there would possibly be ten. Ms. Angel stated that downtown businesses are not charged if they have a booth outside their business and this is a plus for them in that Labor Day weekend does not usually bring a lot of customers. Ald. Jacobson stated the wall-to-wall tents make it difficult to maneuver through except through the center. Mr. Shawn Lowe stated the layout is different and hundreds, if not thousands will come to DeKalb; local businesses want that, he said. Mayor Povlsen thanked Corn Fest Committee for their work and pointed out they are all volunteers. He added that everyone believes they are an expert on Corn Fest even though they have not served on the Committee. Ald. Baker stated that out of town vendors are not paying sales tax and should be charged $300 upfront for sales tax. He added he doesn’t want any out of town vendors at Corn Fest anyway. He stated he would amend the resolution. Mr. Frieders said he is not certain the City can impose an arbitrary rate that is different from state law or impose such on a “per event” basis. Ms. Angel added that vendors are not allowed to return if they do not pay their taxes. Mr. Frieders stated that the Finance Director visited the vendors during Corn Fest to insure they are paying their sales tax. VOTE Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed.  Regular City Council Meeting Minutes February 11, 2013 Page 7 of 9 2. RESOLUTION 13-09: AUTHORIZING THE CLOSURE OF DAVID AVENUE TO TRAFFIC AND VACATING THE RIGHT-OF-WAY. Mayor Povlsen read Resolution 13-09 by title only. MOTION Ald. Lash moved to pass Resolution 13-09; seconded by Ald. Gallagher. Mr. Moore stated that Council preliminarily supported the closure of David at a Committee of the Whole meeting. Safety concerns are currently being addressed, he added. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3. RESOLUTION 13-10: AUTHORIZING THE NAMING OF PROPERTY LOCATED AT 1021 STATE STREET IN THE CITY OF DEKALB, ILLINOIS TO THE DEKALB LANDMARK REGISTER. Mayor Povlsen read Resolution 13-10 by title only. MOTION Ald. Lash moved to pass Resolution 13-10; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4. RESOLUTION 13-11: AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO ENTER INTO AN AGREEMENT WITH DEBUTANTES REAL ESTATE HOLDINGS FOR REPLACEMENT OF THE MARQUEE SIGN AT 145 NORTH THIRD STREET USING TIF FUNDS IN AN AMOUNT NOT TO EXCEED $90,500. Mayor Povlsen read Resolution 13-11 by title only. MOTION Ald. Gallagher moved to pass Resolution 13-11; seconded by Ald. Lash. Ms. Diedrich stated the item was discussed in September, and since that time, quotes have been received for replacement. Mr. Tom Rogers of Debutantes stated the new deteriorated features would be repaired. Ald. Jacobson asked how many jobs this project would create. Mr. Rogers discussed the addition of new staff at Debutantes and noted that more clients are visiting downtown because of his school. He added that the sign brings nostalgia for many; Ald. Jacobson asked if the nostalgia is only for those from the 1940s and asked how this expense can be justified when it is for a private business. Mayor Povlsen noted it is an investment in downtown. Ald. Lash pointed out that “DeKalb” is part of the sign and this is restoring a landmark. Regular City Council Meeting Minutes February 11, 2013 Page 8 of 9 Ald. Gallagher apologized to Mr. Moore for Ald. Jacobson’s candor and pointed out he is unsure if Ald. Jacobson doesn’t like Corn Fest or downtown; this is not the best practice if one is running for Mayor. He added that the quote is under budget and added his support for the project which is a good investment for downtown, he said. Also, he said, not everything can provide a return on an investment and sometimes the City must do what is good for the community. Ald. Naylor asked about the duration of the maintenance of the sign and pointed out paragraph F of Page 2 of the agreement which discusses maintenance for five years. Mr. Biernacki replied that five years is the length of time for all façade improvements. Ald. Baker agreed with Ald. Gallagher’s comments and stated it will compliment downtown and make it unique. Ald. Jacobson stated that the purpose of TIF is to cure blight. He stated he disagreed with Ald. Gallagher’s comments that he hates downtown and Corn Fest and noted Council has a duty to shepherd its resources and has a responsibility to ensure money is used for what is needed for the City. He added the issue is the business owner is receiving a benefit without giving anything which is different from the Architectural Improvement Program. He stated he will not support the request. Ald. Baker stated Council made a decision many years ago to invest in downtown and Council should not abandon it. VOTE Motion carried 5-1-2 on roll call vote: Aye: Lash, Gallagher, Naylor, Baker, Povlsen. Nay: Jacobson. Absent: Teresinski, O’Leary. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Mayor Povlsen noted it is one year since Diane Wright took over the remaining term of the former City Clerk. He thanked her for her professionalism and efficiencies in getting minutes, reports, ordinances completed in a timely manner. He also thanked her for bringing the office up to date. Ald. Lash stated she is excited to see Corn Fest move back to downtown. Ald. Gallagher and Ald. Baker thanked Public Works for their work during recent snow storms. Ald. Baker suggested a moratorium be implemented on turning properties into apartments and asked for Council support. Mr. Frieders noted that the National Alliance for Model State Drug Laws has adopted the City’s ordinance on synthetic drugs as a model ordinance. Chief Lowery announced that two officers have been promoted to Commanders: Sgt. Petragallo and Leverton. Mr. Moore stated that staff is repairing potholes and asked that complaints or concerns on these be forwarded to him. 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  Regular City Council Meeting Minutes February 11, 2013 Page 9 of 9 PROPERTY 5 ILCS 120/2(c)(5); AND PENDING LITIGATION 5 ILCS 120/2(c)(11). Removed from the Agenda. N. ADJOURNMENT: MOTION Ald. Gallagher moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 8:55 p.m. ___________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council February 25, 2013