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City Council

Regular Meeting

DeKalb, IL · February 10, 2014

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Minutes

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB February 10, 2014 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, February 10, 2014 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 5:00 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 Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary and Mayor John Rey. Absent was Alderman Bob Snow (arrived at 5:18 p.m.). Also present were: Anne Marie Gaura, 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; John Laskowski, Assistant Director of Public Works/City Engineer; Derek Hiland, Principal Planner; Lou Larson, Building Supervisor; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk; and Diane Wright, Deputy City Clerk. Mayor Rey welcomed Anne Marie Gaura to the City. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) DISCUSSION OF THE CITY OF DEKALB’S RESIDENTIAL SIDEWALK SNOW REMOVAL POLICY AND PROCEDURES. Mr. Hiland stated this item was requested to be on the Agenda by several Council Members. He explained that Chapter 51 of the Municipal Code outlines procedures for sidewalk snow removal and explained the City’s process regarding any violations. Council discussed the City’s contract for clearing sidewalks, particularly in the downtown area. Ald. Naylor stated Code Enforcement staff does a good job and follows up on complaints. The primary issue, he said, is there are perpetual violators who do not clear sidewalks. He added that the current ordinances need to be enforced more diligently. His focus, he said, is on the Committee of the Whole Meeting February 10, 2014 Page 2 of 2 Pedestrian Safety Routes (PSRs) and the school routes and that City ordinances do not address those. He stated he would like to see Council update the ordinances in the near future. Ald. Lash stated the school routes are not covered and suggested Council look into these areas. She added that many violations may be due to an elderly or handicapped person who may not be able to shovel. She asked citizens to speak to their neighbors and help each other with clearing the sidewalks. Mr. Moore stated that staff will try and link those people with agencies who may be able to assist. Ald. Baker stated the ordinances are in place and there is no need to modify them. He added he is afraid we are creating work for staff in order for them to have twenty (20) hours. Ald. O’Leary stated she doesn’t shovel her sidewalk anymore because the snow plow drops quite a bit of snow on her sidewalks. Ald. Jacobson stated some people are under the impression that shoveling sidewalks increases their liability by creating an unnatural collection of snow or ice. Mr. Frieders stated the City does not have the authority to create immunity from a civil lawsuit. By creating safe practices the City can assist people in reducing these liabilities, he said. Mayor Rey asked staff if they would be able to compile data for patterns of these violations. Mr. Moore replied he encourages all to contact Public Works with any complaints. Ald. Baker suggested that a staff person collect all warnings and place on a spreadsheet for Council. He added he does not want to create something that will add additional staff. Ms. Gaura asked if there is consensus to move forward. She noted that data can be compiled identifying the problem areas, including school routes. She asked for specific direction for staff. Mayor Rey stated further understanding of the City contract would be helpful. Ald. Naylor asked for the number of tickets and PSRs. Ald. Naylor suggested contacting other communities. Ald. Baker suggested contacting vendors to contract work. 2) APPROVAL 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). Not acted on in this meeting. D. ADJOURNMENT: MOTION Ald. Lash moved to adjourn the meeting; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 5:54 p.m. ______________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council February 24, 2014 MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB February 10, 2014 The City Council of DeKalb, Illinois, held a regular meeting on Monday, February 10, 2014 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:04 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, Alderman David Baker and Alderman Monica O’Leary. Also present were: Anne Marie Gaura, 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; John Laskowski, Assistant Director of Public Works/City Engineer; Jamie Smirz, Community Services Planner; Jennifer Diedrich, Economic Development Coordinator; Derek Hiland, Principal Planner; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk; and Diane Wright, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Naylor led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Snow moved to approve the Agenda; seconded by Ald. O’Leary. Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. D. PUBLIC HEARINGS: 1. CONSIDERATION OF CDBG ANNUAL ACTION PLAN (ONE YEAR USE OF FUNDS) FOR PROGRAM YEAR 21 (APRIL 1, 2014 THROUGH MARCH 31, 2015). Mayor Rey opened the Public Hearing at 6:06 p.m. Ms. Smirz stated this is a one-year budget for the use of grant funds. Projects are continuing from previous years, she said. The plan was made available to the public in December of 2013, she added. Regular City Council Meeting Minutes February 10, 2014 Page 2 of 7 There being no comments, Mayor Rey closed the Public Hearing at 6:08 p.m. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: 1. Special Items  Hope Haven - Human Services Funding Update Mr. Michael Newman, Emergency Coordinator of Hope Haven presented yearly statistics for the Council. He stated 159 local DeKalb residents were served, with a total of 390 comprised of others outside of the City. The three programs offered are: transitional housing, emergency housing, and mental health program. The primary function, he said, is to provide emergency housing. Hope Haven also serves as a warming center. Mr. Newman thanked Council and the community for their support. Ald. Jacobson stated there is a conception that this is a homeless shelter, but he views it as an “empowerment shelter.” He encouraged all to visit Hope Haven for a tour to learn more about the services offered. Chief Lowery stated the City has not had to activate a warming shelter due to Hope Haven. He acknowledged their progress in the mental health area and stated the City would have many more issues on the street without them.  Introduction of John Laskowski – City Engineer Mr. Moore introduced John Laskowski, City Engineer who previously worked for the City of Sycamore. Mr. Laskowski thanked Council for the opportunity to work for the City of DeKalb and looked forward to serving the community.  Proclamation declaring February 22, 2014 as “National TRIO Day” Mayor Rey read the Proclamation regarding National TRIO Day. There will be an assembly at NIU on February 22nd, and he will present the Proclamation at that time, he added.  Fiscal Year 2014 Second Quarter Report – Laura Pisarcik Ms. Pisarcik provided second quarter figures. She added that revenue projections are 6.02% over due to the sales tax sharing expiring; there is no longer a need to transfer money from the General Fund to the TIF. She expects to end the year with a $400,000 surplus. Building permits exceeded budget thus far, she added. Video gaming revenues are currently at a collection of $17,000; should be well over the $20,000 expected. She also reviewed the fund balance report. 2. Approval of Mayor Appointments NONE. 3. Citizens’ Comments NONE. F. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Finucane moved to approve the Consent Agenda; seconded by Ald. Naylor. Motion carried 8- 0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. Regular City Council Meeting Minutes February 10, 2014 Page 3 of 7 MOTION Ald. Jacobson moved to approve the listing of Consent Agenda items; seconded by Ald. Finucane. Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes: Committee of the Whole Meeting: January 13, 2014 Regular Meeting: January 13, 2014 Approved in Consent Agenda by Omnibus Vote. 2. Receive and File: Airport Advisory Board Minutes: November 19, 2013 Citizens’ Community Enhancement Commission Minutes: December 16, 2013 December 2013 Investment and Bank Balance Summary December 2013 Check Register Received and filed in the Consent Agenda by Omnibus Vote. 3. APPROVAL OF STAFF REQUEST TO WAIVE COMPETITIVE BIDDING AND AWARD A CONTRACT TO KRESMERY CONSTRUCTION, LLC FOR THE IRON FILTER MEDIA REPLACEMENT AT THE DRESSER ROAD WATER PLANT IN AN AMOUNT NOT TO EXCEED $18,018.00. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 2014-02 PARTICIPATION IN THE STATE OF ILLINOIS FEDERAL SURPLUS PROPERTY PROGRAM. Approved in the Consent Agenda by Omnibus Vote. G. PURCHASE AND BID AWARDS: 1. APPROVAL OF STAFF REQUEST TO ALLOW CITY MANAGER TO SPEND UP TO $36,914.95 TO RELOCATE FINANCE DIVISION TO THE FIRST FLOOR. Ms. Gaura stated she met with staff her first week and it became apparent the total cost to relocate Finance to the first floor was going to exceed $20,000. Mr. Moore stated that the building currently has open access to the second floor and basement through the elevator and stairs. The elevator is mainly original to the building, he said. Staff suggests adding a new call switch to the elevator which would entail that during the day; Finance staff will have control over calling the elevator and can switch it. The basement would only be accessed through a key. He added that the elevator would be switched over for night meetings to allow access to the second floor. Ms. Gaura stated the concealed carry law is now in effect and the City needs to educate people regarding bringing weapons into public buildings. She added other public buildings traditionally have a separation between public space and staff space. Also, she recommended limiting access to the second floor for employee security. Additionally, she advised Regular City Council Meeting Minutes February 10, 2014 Page 4 of 7 there is most likely a three-year timeframe before any renovation would be complete for City Hall, and these issues need to be addressed now. Mayor Rey advised Council that Court check-in has been moved to the first floor in the former Police Department. This relocation clears the hallway for the second floor on Mondays, he said. Chief Lowery stated that the City needs to shift how service is provided to the community. Communities do not allow the public to wander through the building, he added. He stated he believes service will be enhanced by moving Finance to the first floor. This would also minimize the risk to staff, he added; it is time for this facility to be locked down. Ald. Jacobson questioned the burden on the Finance staff to add this to their duties. Ald. Naylor added this is generally the protocol in other offices and visitors are escorted to the other offices. Ald. Jacobson stated this can be accomplished without spending money. The current suggestion does not make sense, he said and staff can be used to escort the visitors. Ald. Jacobson asked if Finance would remain in their location if the building is remodeled. Ms. Gaura replied that the building would be reviewed in whole for the possible renovation. Ald. Jacobson stated these are cosmetic items and it is rather silly to spend this money as it is temporary. Ms. Gaura replied there are certain items that are redundant; however, there are security issues now that should be addressed. Also, she said, some of the items (Finance relocation) had been completed before she began as City Manager. The carpeting has not been completed nor has the elevator work been done. Ald. Jacobson stated that almost $5,000 has been spent and security issues have not been addressed. Ald. Baker called the question and asked to move forward; voice vote in favor. MOTION Ald. Naylor moved to approve staff’s recommendation to allow the City Manager to spend up to $36,914.95 for the relocation; seconded by Ald. Snow. Motion carried 7-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Nay: Jacobson. Mayor Rey declared the motion passed. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: NONE. J. ORDINANCES – FIRST READING: 1. ORDINANCE 13-64 APPROVING THE TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT FOR THE SOUTH 4TH STREET REDEVELOPMENT PROJECT AREA. MOTION Ald. Lash moved to consider Ordinances 13-64, 13-65 and 13-66 in Omnibus form; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the motion passed. Mayor Rey read Ordinances 13-64, 13-65 and 13-66 by titles only. Regular City Council Meeting Minutes February 10, 2014 Page 5 of 7 MOTION Ald. Snow moved to receive and file Ordinances 13-64, 13-65 and 13-66; seconded by Ald. Lash Motion carried on voice vote. Mayor Rey declared the motion passed. Ms. Diedrich stated these items had been postponed; since that date a Joint Task Force with the School District has been formed. The City anticipates a decision from the School District in the near future, she added and staff requests that the items be postponed to the March 10, 2014 meeting. Ald. Jacobson asked if the City can set a shortened timeline as a home rule community. Mr. Frieders replied perhaps an intergovernmental agreement could be entered into with the School District. Ald. Naylor stated we do not know what some of the projects are at this time; they are outlined in the TIF proposal. Ald. Jacobson stated that is the problem with TIF – opening a TIF and leaving it open for seven (7) years to see what else we can spend the money on. Ald. Jacobson wanted to change his yea vote to a nay on the motion to receive and file; Mr. Frieders stated it does not affect the outcome. Additionally, he said it was a voice vote and individual roll calls were not called. MOTION Ald. Naylor moved to continue Ordinances 13-64, 13-65 and 13-66 to the March 10, 2014 Council Meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Rey declared the motion passed. 2. ORDINANCE 13-65 DESIGNATING THE SOUTH 4TH STREET REDEVELOPMENT PROJECT AREA. Please see Item J.1 above. 3. ORDINANCE 13-66 ADOPTING TAX INCREMENT FINANCING FOR THE SOUTH 4TH STREET REDEVELOPMENT PROJECT AREA. Please see Item J.1 above. K. RESOLUTIONS: 1. RESOLUTION 2014-01 APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN (ONE YEAR USE OF FUNDS FOR PROGRAM YEAR 21 (APRIL 1, 2014 THROUGH MARCH 31, 2015). MOTION Ald. Lash moved to pass Resolution 2014-01; seconded by Ald. Naylor. Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. Regular City Council Meeting Minutes February 10, 2014 Page 6 of 7 L. REPORTS – COMMUNICATIONS: Ald. Finucane welcomed Anne Marie Gaura to the City as well as John Laskowski. Council Members also voiced their welcome. Ald. Finucane as well as other Council Members acknowledged the Streets and Water Divisions for their efforts during the storms. Ald. Lash commended the North 5th Street Watch Group for their efforts. Ald. Naylor addressed the remodel of City Hall and reminded Council they supported staff’s recommendation to move Finance to the first floor and address security issues. There are costs associated with this; there are some things you have to do regardless of cost, he said. The security issue and convenience to public are primary issues. Ald. Naylor congratulated CVS for their position on not selling cigarettes. Other communities are addressing e-cigarettes, he said. He noted that Public Works has put up signs recognizing Summer Olympians. Ald. O’Leary noted that some lights are out on the Debutantes sign. Mayor Rey stated that he and the City Manager attended Chamber of Commerce meetings in both DeKalb and Sycamore. He noted that the City Center Project Management Team will be meeting March 7th. Also, he advised that he and the City Manager met with NIU regarding their master use planning, and are engaged in further discussion with them participating in the City’s comprehensive plan. He announced that the municipal band will host a holiday celebration on December 13, 2014, marking their 160th year. Ms. Gaura advised she is working on scheduling one-on-one meetings with each Council Member. Mr. Frieders reminded citizens and groups to contact City staff early for their events in spring, summer and fall so staff can assist them in having a safe event and getting properly licensed. Chief Hicks asked all to keep the area around fire hydrants clear of snow; if assistance is needed, please contact the Fire Department. Mr. Moore encouraged all to clean catch basins and noted that the salt during the winter can burn membranes in pets’ paws. Also, he asked all to contact Public Works with any pothole issues. M. RECESS FOR CLOSED SESSION: 1. APPROVAL 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. Jacobson moved to approve 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); seconded by Ald. Finucane. Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public at 7:25 p.m. Mayor Rey opened the meeting to the public at 8:21 p.m. Regular City Council Meeting Minutes February 10, 2014 Page 7 of 7 N. ADJOURNMENT: MOTION Ald. Finucane moved to adjourn the meeting; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 8:21 p.m. ___________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council February 24, 2014