City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB April 8, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, April 8, 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: 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 Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary and Mayor Kris Povlsen. Absent was Alderman Brendon Gallagher. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney, Gene Lowery, Police Chief; Police Commander Jason Leverton; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Derek Hiland, Principal Planner, Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: NONE. C. CONSIDERATIONS: 1) CONSIDERATION OF AMENDING ARTICLE 13 OF THE UNIFORM DEVELOPMENT ORDINANCE TO ALLOW FOR MOVING SIGNS. Mr. Biernacki asked the Council if they wish to direct staff to bring this item to the Plan Commission regarding any amendments to the UDO. Currently moving signs are prohibited, he said. This issue is regarding a moving sign on West Lincoln at Copy Service. After discussion, Council agreed to have the Plan Commission consider this item and forward a recommendation to Council. 2) CONSIDERATION OF AMENDING THE MUNICIPAL CODE, CHAPTER 35, “TOWING.” Mr. Frieders stated that under the Illinois Vehicle Code, if a vehicle is abandoned for seven (7) days it can be towed. The City has received complaints from residents with cars parked with flat Committee of the Whole Meeting April 8, 2013 Page 2 of 2 tires and other issues making it inoperable which presents a hazard. Council discussed the definition of hazardous vehicles and asked questions of staff. MOTION Ald. Naylor moved to approve staff’s recommendations and directed staff to bring back an ordinance with changes to Chapter 35 of the Code; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) 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). 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) and Pending Litigation 5 ILCS 120/2 (c)(11); seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. D. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the Committee of the Whole meeting; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 6:40 p.m. ____________________________________ DIANE K. WRIGHT, City Clerk  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB April 8, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, April 8, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:00 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 Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. Absent was Alderman Brendon Gallagher. 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; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Gallagher was out of town and unable to attend the meeting. B. PLEDGE OF ALLEGIANCE: Ald. Baker led The Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mayor Povlsen asked that the Agenda be amended to add a Proclamation Declaring April 7-13, 2013 as Barbershop Harmony Week. MOTION Ald. Lash moved to approve the Agenda as amended; seconded by Ald. Teresinski. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: 1. Special Items ● Family Services Agency Human Services Funding Update Ms. Diana King and Mr. David Miller provided Council with a listing of their services for seniors. They thanked Council for their continued support of their programs. Regular City Council Meeting Minutes April 8, 2013 Page 2 of 6 ● Proclamation: Stage Coach Players Region III AACT Festival ● Proclamation: Motorcycle Awareness Month: April 2013 ● Proclamation: Arbor Day: April 26, 2013 Mayor Povlsen read the above proclamations including declaring April 7-13 as Barbershop Harmony Week. 2. APPROVAL OF MAYOR APPOINTMENTS: NONE. 3. CITIZENS’ COMMENTS Ms. Melissa Burlingame, DeKalb, Illinois, spoke regarding the Green Lens Environmental Film Festival April 20-25. She listed the many opportunities available for the public to attend. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Teresinski moved to approve the Consent Agenda; seconded by Ald. O’Leary. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to approve the listing of Consent Agenda items; seconded by Ald. Lash. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: March 25, 2013 Regular Meeting: March 25, 2013 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: NONE. 3. ORDINANCE 13-17 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 24, “BUILDING CODE,” BY AMENDING SECCITON 24.02 (ELEVATORS). Approved in the Consent Agenda by Omnibus Vote. 4. ORDINANCE 13-18 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 51, “TRAFFIC,” SECTION 51.21 “REGULATING AND PROHIBITING PARKING OF MOTOR VEHICLES DURING SNOW EMERGENCY: ESTABLISHING SNOW EMERGENCY ROUTES,” AND SECITON 51.22, “POWER OF MAYOR TO PROHIBIT PARKING ON A PART  Regular City Council Meeting Minutes April 8, 2013 Page 3 of 6 OR ALL OF THE STREETS IN THE CITY OF DEKALB DURING A SNOW EMERGENCY FOR THE PURPOSE OF SNOW REMOVAL.” Approved in the Consent Agenda by Omnibus Vote. 5. ORDINANCE 13-19 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 52, “OFFENSES AGAIN PUBLIC PEACE-SAFETY AND MORALS,” SECTION 52.02, “DISORDERLY CONDUCT,” AND SECTION 52.10 “FIRE ARMS AND AIR GUNS.” Approved in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: 1. APPROVAL OF STAFF RECOMMENDATION TO EXECUTE A SALES AGREEMENT WITH LATICE COMMUNICATIONS IN THE SUM OF $86,766 FOR THE POLICE STATION TOWER. MOTION Ald. Lash moved to approve staff’s recommendation to execute a sales agreement with Latice Communications in the sum of $86,766 for the Police Station Tower; seconded by Ald. O’Leary. Mr. Moore stated that staff requests that competitive bidding be waived on this purchase. He noted that expectations are that the tower will also serve as a cell phone provider. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. 2. APPROVAL OF STAFF RECOMMENDATION TO AWARD THE BID TO AMCOAT PAINTINGS FOR THE PAINTING OF THE EAST WATER TOWER IN THE AMOUNT OF $695,000. MOTION Ald. Naylor moved to approve staff’s recommendation to award the bid to Amcoat Paintings for the painting of the East Water Tower in the amount of $695,000; seconded by Ald. Teresinski. Mr. Moore noted it is time to paint this tower; the painting will provide safety coating on the inside and outside of the tower. It was last painted in 1998, he said. It will be the last time this tower is painted, he said, due to its extensive longevity. Council asked questions regarding the logistics. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. G. PUBLIC HEARINGS: NONE. H. OLD BUSINESS: Regular City Council Meeting Minutes April 8, 2013 Page 4 of 6 NONE. I. ORDINANCES – SECOND READING: NONE. J. ORDINANCES – FIRST READING: 1. ORDINANCE 13-20 APPROVING A LEASE AND OPERATING AGREEMENT WITH BARB CITY MANOR. Mayor Povlsen read Ordinance 13-20 by title only. Mr. Espiritu noted that the City in the past operated Barb City Manor and entered into an agreement in 1993 for them to manage and operate it. The City has budgeted $100,000 for improvements, he said. This ordinance extends the agreement until June of 2019 or thirty (30) days after the expiration of TIF II. He added staff will work out a plan when TIF funding expires. Ald. Naylor stated he would like to see a deadline for the plan along with a discussion and report. Mr. Espiritu explained the terms of the agreement. Ms. Ellen Tyne of Barb City Manor noted that the $100,000 is used for improvements to the building. She listed the improvements that have been made in the past because of this funding. They have an operating budget separate from this funding, she said. Their goal is to house seniors of modest to low income; 77% of the residents either lived in DeKalb or have family in DeKalb prior to coming to Barb City Manor, she added. Mr. Frieders asked that Council approve the ordinance with amendments acceptable to the Mayor with the terms noted in the agreement. Motion passed on voice vote. MOTION Ald. Lash moved to waive second reading of Ordinance 13-20; seconded by Ald. Naylor. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 13-20 with the changes noted by Mr. Frieders; seconded by Ald. Teresinski. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. 2. ORDINANCE 13-21 AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY (CLARK PROPERTY) Mayor Povlsen read Ordinance 13-21 by title only. MOTION Ald. Teresinski moved to receive and file Ordinance 13-21; seconded by Ald. Naylor.  Regular City Council Meeting Minutes April 8, 2013 Page 5 of 6 Mr. Frieders stated this property is the final piece for the planned airport acquisitions at the north of the roadway for air space. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Naylor moved to waive second reading of Ordinance 13-21; seconded by Ald. O’Leary. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 13-21; second by Ald. Naylor. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-22 ESTABLISHING A SPECIAL SERVICE AREA NO. 14 FOR HEARTLAND FIELDS SUBDIVISION IN THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 12-22 by title only. MOTION Ald. Naylor moved to receive and file Ordinance 12-22; seconded by Ald. Teresinski. Ald. Baker stated there were statements previously made by residents they wanted to form a homeowners’ association. Mr. Frieders replied that this has not been formed, but even if an association was formed, staff would still recommend the formation of the special service area. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Naylor moved to waive second reading of Ordinance 12-22; seconded by Ald. O’Leary. Ald. Lash voiced concern about moving forward and wanted to hear from the residents. Mr. Frieders replied there are some statutory time limits on recording the special service area. The City would wait until thirty (30) days after the public hearing to give residents time to file objections. Ald. Lash said she was concerned about the costs to homeowners. Mr. Frieders replied Council is not acting on any levy amount until it is in the budget. He added that this service area should have been put in place as a backup when the subdivision was approved. VOTE Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 12-22; seconded by Ald. Naylor. Motion carried on roll call vote 7-0-1. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes April 8, 2013 Page 6 of 6 K. RESOLUTIONS: NONE. L. REPORTS – COMMUNICATIONS: Mayor Povlsen encouraged all to vote tomorrow as did Council Members. Ald. Naylor reminded landlords that their rental properties must be registered by the end of April. Also, he said, Metro West is organizing a drive to Springfield May 14-15 to meet with legislators and asked if any other Council Members or staff are interested. Additionally, he said, he appreciates the reports from the lobbyist firm. Ald. Naylor stated he received some calls regarding the status of filling the City Manager position. The consensus of Council was to wait until after the election, he said. He asked staff to prepare alternatives for Council to consider and bring back to a future Council meeting. Ald. Baker asked if Ald. Lash wanted to consider some ordinances regarding home rule. Ald. Teresinski stated that previously Council passed a resolution regarding revenues going to the state. He added there is discussion that the state income tax may be locked down and asked if Council wants to consider a resolution again to protect the City. He added there is a special meeting with the nature trail being presented. Ald. Lash replied to Ald. Baker’s comment and said the state used home rule authority to make the term of the city manager indefinite. She added that outside of home rule, the term is not less than one year nor more than the term of the mayor. Ald. Lash cautioned bicyclists and motorists to be aware of each other and share the road. Mr. Biernacki announced there is a special meeting this Saturday at 9:00 am to review recommendations from the EPI consulting firm. Chief Hicks announced the Fire Department was awarded a $26,000 grant to be used for the purchase of fire gear. 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). Not acted on in this meeting; completed during Committee of the Whole. N. ADJOURNMENT: Ald. Lash moved to adjourn the Regular Meeting; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 8:10 p.m. ___________________________________ DIANE K. WRIGHT, City Clerk