City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB May 13, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, May 13, 2013 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:00 p.m. A. ROLL CALL: City Clerk Peerboom called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ronald Naylor, Alderman David Baker, and Mayor John Rey. Absent was Alderman Monica O’Leary. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney, Wes Hoadley, Deputy 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; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk and Diane Wright, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF A PILOT CONVERSION PROGRAM IN THE ELLWOOD HISTORIC NEIGHBORHOOD. Mr. Biernacki stated this suggestion is a result of the research done by the neighborhood plan; to reduce density of housing. The concept would be to locate eligible properties originally designated as single family homes and convert back to single family form multi-units. Concern is converting valuable property to less valuable; the question would be if that is worth the loss of density in the neighborhood. It was suggested that a pilot program be implemented with a willing seller. Council did this recently on North 12th Street with the Resident Officer program, he said. Mr. David Castro of the Ellwood Neighborhood stated residents have been meeting. He added that they are working with City Staff to replace signs in the neighborhood to reach a goal of neighborhood beautification. Regarding the program, he said that they have worked with a realtor and contractor to identify a willing seller of a multi-unit house. Committee of the Whole Meeting May 13, 2013 Page 2 of 3 Ald. Finucane asked for the number of multi-family homes that originally were single family; Mr. Castro said he does not have that number but the historic district is well over the average number of rental units in DeKalb – probably 75%. Council asked further questions regarding conversions, tenants, prevailing wage and availability of rentals. Ald. Naylor asked for the number of potential residences affected in the neighborhood and how many would need to be addressed in order to have an impact. Ald. Jacobson preferred providing a grant to private homeowners which could be funded through TIF. MOTION Ald. Finucane moved to direct staff to provide more specific information to be brought back to Council at a future meeting; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Rey declared the motion passed. 2) AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 34, “AMUSEMENTS,” SECTION 34.01 “LICENSES” REGARDING AMUSEMENTS AND MASS GATHERINGS. Mr. Frieders stated that Chapter 34 relates to Amusements. In the past, he said, the City has had requests for mass gatherings; in some instances there is not a process. There have been some commercial businesses in town that have had mass gatherings in town and some have been disorderly. This proposal was to revise Chapter 34 to make it more expansive. Applicants would apply, a meeting would be held with departments to gather more information and determine scope of event. The goal is to create a process for both the applicant and staff to determine what is needed for their event, he said. He listed some triggers that would require a license: commercial event where a fee is charged, held outdoors with more than 100 people, creates unique public safety concern, offsite parking arrangements, temporary enhanced services. If on private property it is suggested that up to 500 people could attend; non-commercial on other property would have a 100 attendance maximum. Mr. Frieders asked for direction; does Council want to address these concerns, and if so, at what level. Ald. Lash questioned the 100 number and suggested it be 150. Ald. Snow stated he is in favor of exploring this and suggested an ordinance be prepared. Ald. Jacobson commented there are crowds in the parks with 150 people, and doesn’t believe this is an undue burden in order to keep residents safe. MOTION Ald. Naylor moved to direct staff to bring back a draft ordinance; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the motion passed. 3) AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 42, “BICYCLES.” Mr. Frieders stated that staff performed a study with other communities and looked at model bike ordinances. He noted some policy questions: under state law bicyclists are required to have a rear  Committee of the Whole Meeting May 13, 2013 Page 3 of 3 reflector and headlight on front; however, studies show tail light has better visibility. Staff states that the City does not have the ability to veer from state, but recommends that tail light be used at night. We can choose not to enforce state statute but not change it, he said. The rolling stop at red light was discussed. Mr. Frieders noted that the current policy of the City is not to cite cyclists for rolling stops. Staff believes state law should be followed; statement on rolling stops does not have staff endorsement. He noted there have been no citations issued to cyclists. Mr. Frieders discussed the power between cyclist and motorist – common threats are acts of harassment by motorists to cyclists. The proposal by staff is an anti-harassment ordinance that addresses motorist using a vehicle as a weapon. Ald. Finucane said that state law requires cyclists to stop at red light and then proceed. He stated we should not allow cyclists to violate state law. Mr. Frieders stated that staff recommendation is to follow state law but allow officers to use discretion; staff is not recommending rolling stops. Ald. Lash stated she could support the head light or tail light. She suggested allowing a rolling stop at stop signs and said she favored the anti-harassment ordinance. Ald. Jacobson asked if staff has reached out to NIU; Mr. Frieders stated that we can circulate the draft ordinance to them Ald. Baker asked if a bike license is required; Mr. Frieders replied it is currently but the proposed ordinance eliminates the license requirement. Ald. Baker asked who is at fault if a motorist is leaving a driveway and a bicyclist runs into his car. Mr. Frieders stated he would research that issue. Ald. Finucane asked if there can be imposed an age limit as to who can ride on sidewalks. Mr. Frieders replied some adults do not feel safe riding on the street. Council gave direction to staff to research and update the proposed ordinance. 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); SALE OR LEASE OF PROPERTY 5 ILCS 120/2(C)(6); AND PENDING LITIGATION 5 ILCS 120/2(C)(11). Not acted on in this meeting. D. ADJOURNMENT: MOTION Ald. Baker moved to adjourn the meeting; seconded by Ald. Finucane Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 6:55 p.m. ______________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council May 28, 2013  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB May 13, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, May 13, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 7:10 p.m. A. ROLL CALL: City Clerk Peerboom called the roll and the following members of City Council were present: Mayor John Rey, Alderman David Jacobson, Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ronald Naylor, and Alderman David Baker. Absent was 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; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk and Diane Wright, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Jacobson led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Lash moved to approve the Agenda; seconded by Ald. Snow. Motion carried on voice vote. Mayor Rey declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: 1. Special Items ● Proclamation: National Nursing Home Week: May 12-18, 2013 Mayor Rey read the Proclamation declaring May 12-18 as National Nursing Home Week. ● “Communiversity in Bloom” Planters Program Mr. Brad Hoey of the Citizens’ Community Enhancement Commission (CCEC) stated that it is a great opportunity when citizens develop an initiative and get support from the City and NIU. He noted that last year was the initial year of placing planters in the community and on campus. He announced that it will continue this year; last year there were forty (40) total in the community: twenty (20) in the City and twenty (20) on NIU grounds. This year ten (10) additional planters will be added for a total of fifty (50). He noted that this is a great partnership with NIU, City and Proven Winners. Mr. Hoey recognized Marshall Dirks from Proven Winners who facilitated the Regular City Council Meeting Minutes May 13, 2013 Page 2 of 12 program and spent much time last year to sustain the plants. He thanked TJ Moore and the Grounds Department at NIU for their efforts in watering the plants. He further extended appreciation to the City for supporting this initiative. Finally, he recognized Bob Boey, a member of CCEC who supported the program and encouraged President Peters to participate. Mayor Rey thanked Mr. Hoey for his presentation and participation. ● Annual Report – Summary of Activities from City Lobbyist, mCapitol, Inc. Gary Lapaille and Lee Janger of mCapitol were present to provide the update on lobbying efforts. Mr. Lapaille stated that they have been seeking federal opportunities through grants, working with the City’s congressional delegates and senators. He noted that they are starting to see some movement on the federal budget. He added that they have been assisting with issues on the state level and working with the City and County economic development teams and opening some private sector doors to discuss opportunities to invest in DeKalb. Mr. Janger outlined some strategic planning and identified specific projects. Part of their role, he said, is working with City staff on what is feasible. He stated that efforts have been focused on Peace Road intersection improvement, Tiger grants, firefighters grant. Fiber optics expansion. Additionally, they are spending time on new market tax credit and the Choice Neighborhood Grants. Agencies are looking for regional importance and significance, he said. Mr. Lapaille suggested that it may be worthwhile for the Mayor and other Council Members to consider a trip to Washington DC to meet some congressional leaders. Mayor Rey stated that he appreciated the reports also and looked forward to a continued relationship. ● Report and Update from IHSA Football Host Committee Tom Matya, Jerry Smith, Brad Hoey, and Bill Nicklas were present to discuss the IHSA to be held in DeKalb. Mr. Matya stated that November 29-30 will bring sixteen (16) teams traveling with parents and families to be part of DeKalb. When held at the University of Illinois, they experienced 30,000 fans; expectations are that this number will increase in DeKalb, he said. They are projecting between $750,000 to $1 million to be gleaned in the community from people participating. Cost is at $225,000 is significant for the program, he said and costs are being reduced by utilizing 200 volunteers for parking and ticket taking. Finding funding is a challenge, he added. Mr. Smith stated that this event is more than a 2-day 16 team event; it should be viewed as an opportunity to showcase DeKalb County. Mr. Smith asked the City to consider financial support. Additionally, he said, they are coordinating with DeKalb County Community Foundation. Mr. Nicklas stated this will not only showcase DeKalb for 17 and 18 year olds and families but will showcase DeKalb for 10 years, and is a real boom in terms of economic development. DeKalb is in a fortunate position to be able to host these games, he said, and believes DeKalb will want to be the lead entity in terms of financial support. Mr. Biernacki stated that the proposed FY14 budget contains a proposal for Council consideration of $25,000 towards this effort; Council will be acting on this in the next few weeks, he said. ● Economic Development Report – Roger Hopkins Mr. Hopkins noted that the Hallmark store reopened with new franchisee. Real estate show is this month and DeKalb will be participating this year. Panera is looking to include a drive-thru and  Regular City Council Meeting Minutes May 13, 2013 Page 3 of 12 Buffalo Wild Wings plans a remodel. There may be soon a renovation on a vet clinic building – possibly in early June, he said. He noted that the DeKalb Clinic and John Pappas proposals are on the Agenda tonight for consideration. New ownership at Glidden Crossing, they have been recruiting businesses; probably will see a gaming parlor in the future. Hampton Inn hopes to open by October. The former Lukulos will be remodeling soon. Molly’s is opening a kitchen and remodeling. Many retailers are asking about future growth – much goes back to the housing study, he said. DeKalb needs new housing production and needs to focus on those developers that deliver. Upper income housing is needed along with adequate rentals, he added. ● Fire Department Annual Report Chief Hicks presented the 2012 annual report which is available in the City Clerks’ office for review. ● Crime-Free Housing and Inspection Bureau Report Carl Leoni stated crime-free is a partnership with law enforcement, landlords and residents to ensure we have safe quality housing for all. Areas to address are mobs, shootings, and drugs. The model the City implemented has been used by man communities and has been very successful; over 50 communities in Illinois use it. Nearly 6,000 rental units are registered now; and plans are to register 9,000. Landlords have until June 14, 2013 to register, he said. He noted that landlords are required to include the Crime-Free Addendum with leases to renters. He provided a power point that indicated some of the areas in disrepair, hoarding and unkempt housing. When violations occur, landlords are advised of crime on their property followed by a letter and response form for them to complete and return. Mr. Leoni stated that typical issues that are being addressed include: food stored outside, graffiti, life safety issues, missing smoke alarms. He noted that there remains the need to hire inspectors for the program. He plans to conduct classes for landlords, he said, and plans to provide an annual newsletter. His goals include reduction in crime, building relationships with landlords through education, assistance and establish safe and quality housing. Ald. Naylor inquired when sidewalk inspections will be implemented. Mr. Leoni replied once the budget is approved, they should start in late summer. Ald. Jacobson referred to the violations that were in the power point and asked when this would be addressed; Mr. Leoni replied they would be addressed once he is able to hire inspectors. 2. Approval of Mayor Appointments ● Appointment of Chris Fricker to Finance Advisory Committee Mayor Rey provided the background of Chris Fricker. MOTION Ald. Snow moved to approve the appointment of Chris Fricker to the Finance Advisory Committee; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Rey declared the motion passed. 3. Citizens’ Comments Ms. Kay Shelton of the Lincoln Highway Association stated that Lincoln Highway came into existence 100 years ago. She announced that a car show will be held at Frank Van Buer Plaza this Saturday with a concert at the Egyptian at 7:30pm. The history of Lincoln Highway will be Regular City Council Meeting Minutes May 13, 2013 Page 4 of 12 conveyed through the music, she said. On June 27th, 100 cars will be traveling through Lincoln Highway from New York City to Nebraska for the 100th Anniversary, she added. E. CONSENT AGENDA – OMNIBUS VOTE: Ald. Naylor requested that Item E.4 be removed from the Consent Agenda. MOTION Ald. Lash moved to approve the Consent Agenda as amended; seconded by Ald. Snow. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to approve the listing of Consent Agenda items; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes: Committee of the Whole Meeting: April 22, 2013 Regular Meeting: April 22, 2013 Special Meeting: May 6, 2013 Approved in the Consent Agenda by Omnibus Vote. 2. Receive and File: Economic Development Committee Minutes: January 15, 2013 Citizens’ Environmental Commission Minutes: April 3, 2013 Quarterly Investment Report: March 31, 2013 Approved in the Consent Agenda by Omnibus Vote. 3. RESOLUTION 13-25: SEEKING PERMISSION TO REGULATE TRAFFIC ON ILLINOIS ROUTE 38 BETWEEN FIRST STREET AND TENTH STREET, AND AT THE INTERSECTION OF ILLINOIS ROUTE 38 AND ILLINOIS ROUTE 23 ON FRIDAY, JULY 26, 2013, FOR THE PURPOSE OF HOLDING A KISHWAUKEE FEST PARADE. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 13-26: AUTHORIZING THE CITY MANAGER OF THE CITY OF DEKALB, ILLINOIS TO SIGN AGREEMENTS FOR INSURANCE COVERAGE FOR 2013- 14 AND FUTURE YEARS, AND RATIFYING SUCH AGREEMENTS. Mayor Rey read Resolution 13-26 by title only. MOTION Ald. Naylor moved to pass Resolution 13-26; seconded by Ald. Finucane.  Regular City Council Meeting Minutes May 13, 2013 Page 5 of 12 Ald. Naylor asked if the renewal date be adjusted so that it coincides with budget talks. Mr. Espiritu replied that staff can request that in the future. Mr. Espiritu and Mr. Frieders noted that the agreement starts in May and would then require a short (two month agreement) and another to coincide with the fiscal year in July. MOTION AMEND Ald. Jacobson moved to amend Resolution 13-26 to remove future years in order for Council to approve; seconded by Ald. Baker. Mr. Frieders noted that staff can accommodate Council preference; staff anticipated bringing this back before it was due, but the process for binders may not allow for changes at Council level. He added that Council can direct staff to bring it before Council prior to approval, but allow binders to be executed at staff level. He added that staff will notify consultants that a minimum of sixty (60) days is required. Ald. Jacobson withdrew his motion. MOTION TO AMEND Ald. Jacobson moved to amend Resolution 13-26 to direct staff to bring back agreement for Council consideration, prior to staff executing the agreement; seconded by Ald. Baker. Motion carried on voice vote. Mayor Rey declared the motion passed. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. F. PURCHASE AND BID AWARDS: 1. APPROVE STAFF’S RECOMMENDATION TO AWARD THE BID FOR THE AUGUSTA AVENUE LIGHTING PROJECT TO VIRGIL COOK & SON, INC. IN THE AMOUNT OF $49,616. MOTION Ald. Naylor moved to approve staff’s recommendation to award the bid for the Augusta Avenue lighting project to Virgil Cook & son in the amount of $49,616; seconded by Ald. Finucane. Mr. Maurer described the project which was similarly done on Locust and noted that the bids are slightly under engineer’s estimate. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. 2. APPROVE STAFF’S RECOMMENDATION TO AWARD THE BID FOR THE TAYLOR STREET PROJECT TO MARTIN & COMPANY EXCAVATING IN THE AMOUNT OF $385,143.90. MOTION Ald. Naylor moved to approve staff’s recommendation to award the bid for the Taylor Street project to Martin & Company Excavating in the amount of $385,143.90; seconded by Ald. Snow. Regular City Council Meeting Minutes May 13, 2013 Page 6 of 12 Ald. Baker stated there was a local contractor who was not the low bidder and asked if the contractor was allowed to match because of MFT funds. He asked if funding could be used from other sources. Mr. Maurer replied there is no funding in capital. He added that there were four bidders; three from out of town and if we awarded to the local bidder, the others would most likely not bid again. Ald. Baker said the difference is $14,000 (between the low bidder and the local bidder) and he would consider taking the $14,000 from another source. MOTION TO AMEND Ald. Baker moved to award the bid to the second lowest bidder, Elliott & Wood in the amount of $399,326.00. There being no second to the motion, the amendment failed. MOTION TO AMEND Ald. Baker moved to postpone action on the bid award. There being no second to the motion, the amendment failed. VOTE Motion carried 6-1-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Rey. Nay: Baker. Absent: O’Leary. Mayor Rey declared the motion passed. G. PUBLIC HEARINGS: NONE H. OLD BUSINESS: NONE I. ORDINANCES – SECOND READING: NONE J. ORDINANCES – FIRST READING: 1. ORDINANCE NO. 13-26: AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH LINCOLN INN FAMILY RESTAURANT, INC. FOR THE DEVELOPMENT OF 302 GROVE STREET. Mayor Rey read Ordinance 13-26 by title only. MOTION Ald. Lash moved to receive and file Ordinance 13-26; seconded by Ald. Finucane. Mr. Hopkins advised Council that Mr. McMahon has modified his request for only a TIF grant; the Architectural Improvement request is not part of the package. Mr. Hopkins stated that staff feels the banquet facility is necessary for DeKalb to become competitive and will help revitalize downtown area. Ald. Naylor stated he supported the project but has concerns on financial support and asked if the city reviews Mr. McMahon’s financial documents. He asked about the first and second liens and if Mr. McMahon defaulted, where the City would be in a position for reimbursement. Additionally,  Regular City Council Meeting Minutes May 13, 2013 Page 7 of 12 he asked for a letter from the banks for their support of the project. He suggested that this item and the following only be passed on first reading tonight so that staff can review the financials. Mr. McMahon stated that he and his wife are prepared to sign a document to guarantee payment if the project fails. He added the Small Business Association (SBA) application is included in the packet. Mr. Hopkins added that staff has reviewed the documents and Mr. McMahon has substantial equity. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION Ald. Baker moved to waive second reading of Ordinance 13-26; seconded by Ald. Snow. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 13-26; seconded by Ald. Finucane. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION TO EXTEND MEETING At 8:50 p.m., Ald. Finucane moved to extend the meeting past 9:00 p.m.; seconded by Ald. Lash. Motion carried on voice vote. Mayor Rey declared the motion passed. 2. ORDINANCE 13-27: AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH PAPPAS-GLASGOW DEVELOPMENT, LLC., FOR THE DEVELOPMENT OF 2211 SYCAMORE ROAD (SMALL’S). Mayor Rey read Ordinance 13-27 by title only. MOTION Ald. Baker moved to receive and file Ordinance 13-27; seconded by Ald. Snow. Mr. Hopkins provided Council with an update of the project. Ald. Snow thanked the developers for the additional information and stated it makes it more favorable. Ald. Lash expressed concern that it is difficult to approve funding when the tenants are unknown. Mr. Hopkins replied this has been done previously. He added this is a site that will attract new tenants and has already garnered interest. Mr. Jeff Lewis, Attorney for Pappas/Glasgow Development stated he has represented them in prior developments. He noted that part of problem is competition for tenants who expect much from landlords; tenants exert more control now. He added that the City has been given a preferred list. If they do not give the City target tenants, the City could still say no, he said. Mr. Frieders explained the agreement which includes two phases of payments. He also addressed the issue of sales tax revenues and permitted uses. Regular City Council Meeting Minutes May 13, 2013 Page 8 of 12 Ald. Lash inquired if there is a provision for a certain amount of time they have to get a tenant. Mr. Frieders replied that seven (7) years is contemplated by agreement. If they built a shell and sat on it, they would run out of time before they paid it off or it is forgiven, he said. MOTION to AMEND Ald. Lash moved to amend Ordinance 13-27 to substitute five (5) years instead of seven (7). There being no second to the motion, the amendment failed. Ald. Finucane inquired if the agreement is still applicable with NIU’s property. Mr. Lewis replied affirmative and added they will make some improvements to the building. Mr. Mike Carpenter, DeKalb, Illinois, urged Council to support this ordinance. He stated he is the managing broker for RGB and represents the developers and supports the use of TIF funds. He added that the product they want to develop doesn’t exist in our marketplace. Retailers want high quality development and high visibility, he said. If we do not have the project in this market, retailers will go to other competitive areas, he said. Our demographics are not strong enough; DeKalb needs this product, he said. They have proven in the past and developed adjacent properties, he stated. Mr. Stephen Reed, DeKalb, Illinois talked about welfare evolving into giving wealthy developers taxpayer money and asked why the public should pay for this? He urged Council to deny the request and have the developers pay for the development themselves. Ald. Naylor stated he supports this type of program, but is concerned about the City’s funds and assurances that we have claw back. He stated he would like the financial background and has not seen full substantiation. Mr. Lewis stated that staff has reviewed the financials. The City has seen success from this company previously, he said. This project is being financed by a national bank, he added. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION Ald. Baker moved to waive second reading of Ordinance 13-27. There being no second to the motion, the amendment failed. Mr. Biernacki asked if there was further Council direction to staff when the ordinance is brought back for second reading at the next meeting. There was no direction from Council. 3. ORDINANCE 13-28: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 51, “TRAFFIC,” SECTION 51.17, “MUNICIPAL PARKING LOTS AND PARKING STALLS,” SCHEDULE F, “LIMITED PARKING – CENTRAL BUSINESS DISTRICT” BY ADDING FOR FRANK VAN BUER PLAZA FOUR HOUR PARKING BETWEEN 6:00 P.M. TO 2:00 A.M. Mayor Rey read Ordinance 13-28 by title only. MOTION  Regular City Council Meeting Minutes May 13, 2013 Page 9 of 12 Ald. Finucane moved to receive and file Ordinance 13-28; seconded by Ald. Naylor. Mr. Maurer explained parameters of the ordinance. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to waive second reading of Ordinance 13-28; seconded by Ald. Baker. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 13-28; seconded by Ald. Finucane. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. 4. ORDINANCE 13-29: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38, “INTOXICATING LIQUORS,” SECTION 38.19 “NON-PROFIT SPECIAL EVENT PERMIT,” SECTION 38.24, ADDING SUB-SECTION 1, AND ADDING SECTION 38.34, “DISRUPTIVE INTOXICATION.” Mayor Rey read Ordinance 13-29 by title only. MOTION Ald. Naylor moved to receive and file Ordinance 13-29; seconded by Ald. Snow. Mr. Frieders advised Council this was brought directly to the regular Council meeting because of scheduling. A local winery would like to provide samples at the Farmers Market and needs approval to do so. Additionally, he said, Kish Fest would like to have a non-profit group organize their event and have a wine tasting program “try before you buy” where wine can be purchased. The ordinance would allow the Liquor Commissioner the authority to authorize the sale of package liquors as a component. Additionally, Mr. Frieders said that there are many instances where the Police Department is involved with someone in a public place intoxicated and exhibiting disruptive conduct. We are not trying to outlaw being drunk or in a certain condition, he noted. VOTE Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Snow moved to waive second reading of Ordinance 13-29; seconded by Ald. Finucane. MOTION TO AMEND Ald. Lash moved to amend Ordinance 13-29 to remove the section referring to disruptive conduct; seconded by Ald. Baker. Regular City Council Meeting Minutes May 13, 2013 Page 10 of 12 Ald. Lash voiced concern on the disruptive conduct section. Mr. Frieders noted that due to the time of year it may be advantageous to approve it now VOTE ON AMEND Motion failed on voice vote. Mayor Rey declared the motion defeated. VOTE ON MOTION TO WAIVE Motion carried 6-1-1 on roll call vote. Aye: Jacobson, Finucane, Snow, Naylor, Baker, Rey. Nay: Lash. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION Ald. Naylor moved to pass Ordinance 13-29; seconded by Ald. Snow. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. 5. ORDINANCE 13-30: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 4, “POLICE DEPARTMENT,” SECTION 4.02, “CHIEF OF POLICE” BY ADDING SUB-SECTION G PERTAINING TO THE AUTHORITY OF THE CHIEF OF POLICE TO EXECUTE INTERGOVERNMENTAL AGREEMENTS RELATING TO POLICE ACTIVITIES. Mayor Rey read Ordinance 13-30 by title only. MOTION Ald. Finucane moved to receive and file Ordinance 13-30; seconded by Ald. Baker. Mr. Frieders apprised Council of the ordinance which updates the Police Chief’s authority including entering into intergovernmental agreements regarding co-policing and shared use of resources. The ordinance would authorize the Chief to enter into agreements to fall within presently-budgeted funds. Mr. Frieders added there are increasing opportunities that are beneficial to the City and the nature of the agreements cover operational details. There would be concern about officer safety if said agreements are announcing task forces on drugs. VOTE Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to waive second reading of Ordinance 13-20; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 13-20; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. K. RESOLUTIONS:  Regular City Council Meeting Minutes May 13, 2013 Page 11 of 12 1. RESOLUTION 13-27: RESOLUTION AUTHORIZING THE CITY MANAGER TO WORK IN CONJUNCTION WITH NORTHERN ILLINOIS UNIVERSITY CENTER FOR GOVERNMENTAL STUDIES FOR SUBMISSION OF AN APPLICATION FOR HUD’S 2013 CHOICE NEIGHBORHOODS INITIATIVE PLANNING GRANT. Mayor Rey read Resolution 13-27 by title only. MOTION Ald. Finucane moved to pass Resolution 13-27; seconded by Ald. Naylor. Mr. Biernacki stated that the City recently worked with NIU and the Center for Governmental Studies (CGS) on the housing information report. One of the findings was the stressed neighborhood factor report and identified those neighborhoods, specifically Neighborhood 3. The Center identified what HUD decided what planning efforts can be taken to address those issues. The City would employ NIU Center for Governmental Studies to perform the work. Ms. Jennifer Groce of the Center for Governmental Studies added that this is a great affirmation of the effort in the housing study. The grant provides an opportunity to engage in a transformational change initiative, she said. University Village has provided a letter of support. CGS’ role is planning coordination to assemble the grant together and collaborating with the Office of Sponsored Projects at NIU and the City. The City would be the grantee, she added, and if awarded, the City would continue to oversee the project. Mr. Biernacki added that the City’s match for the grant is $20,000; CGS is not paid for their work. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. L. REPORTS – COMMUNICATIONS: Ald. Finucane thanked the voters for their confidence in voting him in as Second Ward Alderman. Ald. Lash announced that a group cleaned up the nature trail. Ald. Naylor stated he rode along with police, enjoyed it and was impressed with the new computer system. Also, he said, DeKalb High School ranked #64 within the State of Illinois. Finally, he said that DeKalb Taylor Municipal Airport was announced as the Airport of the Year and Tom Cleveland as Airport Manager. Tom will be recognized and introduced into the airport hall of fame. Ald. Naylor stated that NIU finals are over and traffic has slowed down due to school being out for the summer. He noted that the Police Station coming along. Finally, he complimented the three newest members of Council and noted they are well prepared . Ald. Naylor suggested the City place a sign at both ends of Lincoln Highway in honor of the anniversary to welcome visitors. Mr. Biernacki stated that the next Council meeting is Tuesday, May 28 at 6:00. As of this time, the only item on the COW will be budget discussion, he said. Ms. Peerboom announced that last week was Municipal Clerks’ Week. Regular City Council Meeting Minutes May 13, 2013 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); SALE OR LEASE OF PROPERTY 5 ILCS 120/2(c)(6); AND PENDING LITIGATION 5 ILCS 120/2(c MOTION Ald. Finucane 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); Sale or Lease of Property 5 ILCS 120/2(c)(6) and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. Snow. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public 9:55 p.m. Mayor Rey opened the meeting to the public at 10:46 p.m. N. ADJOURNMENT. MOTION Ald. Lash moved to adjourn the meeting; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 10:46 p.m. ___________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council May 28, 2013