City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB July 14, 2014 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, July 14, 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 5:02 p.m. A. ROLL CALL: City Clerk Peerboom called the roll and the following members of City Council were present: Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary and Mayor John Rey. Absent was Alderman David Jacobson. 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 Public Works–Engineering/ Transportation; Derek Hiland, Principal Planner; 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: 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) AND PENDING OR IMMINENT LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Lash moved 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 or Imminent Litigation 5 ILCS 120/2(c)(11); seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public at 5:03 p.m. Committee of the Whole Meeting July 14, 2014 Page 2 of 2 Ald. Jacobson arrived during the Closed Session portion of the meeting. Mayor Rey opened the meeting to the public at 6:27 p.m. 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 6:27 p.m. ______________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council July 28, 2014  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB July 14, 2014 The City Council of DeKalb, Illinois, held a regular meeting on Monday, July 14, 2014 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:30 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, (arrived at 6:31 p.m.), 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 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. Baker led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Ald. Jacobson arrived at 6:31 p.m. MOTION Ald. Finucane 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: None. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: 1. Special Items None 2. Approval of Mayor Appointments None Regular City Council Meeting Minutes July 14, 2014 Page 2 of 7 3. Citizens’ Comments Mr. Trent Lange, DeKalb, Illinois and President of First Lutheran Church referred to a letter from the Church which asked for an agreement with the Library that the Church could have access to the new Library parking lot. F. CONSENT AGENDA – OMNIBUS VOTE: Mayor Rey asked that Item F.5 be removed from the Consent Agenda. Ald. Naylor asked that Mr. Lange’s question be addressed. City Engineer Laskowski stated he believed the parties were working toward a resolution. Ald. Snow stated there is a concern that if the Library parking lot was closed off, the Church’s access would be eliminated. Ald. Naylor asked that Items F.3, F.4 and F.6 be removed from the Consent Agenda. MOTION Ald. Lash moved to approve the Consent Agenda as amended; 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. MOTION Ald. Snow moved to approve the listings on the Consent Agenda as amended; 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. 1. Approval of City Council Minutes Committee of the Whole: June 23, 2014 Regular Meeting: June 23, 2014 Approved in the Consent Agenda by Omnibus Vote. 2. Receive and File Check Register Approved in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 2014-022 APPROVING PRELIMINARY AND FINAL PLANS FOR THE DEKALB PUBLIC LIBRARY AND FINAL PLAN FOR THE DEKALB PUBLIC LIBRARY CAMPUS AND VACATION OF A PORTION OF DEDICATED RIGHT-OF-WAY FOR NORTH THIRD STREET, LOCATED ON THE NORTH SIDE OF OAK STREET. Mayor Rey read Ordinance 2014-022 by title only. MOTION Ald. Snow moved to receive and file Ordinance 2014-022; seconded by Ald. Naylor. Ms. Dee Coover, Director of the DeKalb Public Library introduced the Library’s attorney, architects, landscapers, civil engineers, and representatives from the construction company.  Regular City Council Meeting Minutes July 14, 2014 Page 3 of 7 Mr. Gary Cordes, Attorney for the DeKalb Public Library addressed parking for the Library. He stated that both the Police Chief and Fire Chief do not want the parking lot used as a through area. He stated that the Church has asked for a permanent easement on the property; however, the Board does not want to allow any permanent easements. He noted there is additional off-street parking. Parking is accessible, there will be no gates, he said, but it is not a through area. Ald. Baker suggested opening it on Sundays for churches and installing a gate. City Attorney Frieders suggested if the Library wanted to place a gate in the future; it would require a revision of the final plans and would need to come back before Council. Discussion continued regarding Ald. Baker’s suggestion. City Attorney Frieders reiterated that this would need to come before Council. VOTE Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinance 2014-022; seconded by Ald. Lash. Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 2014-022; 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. 4. RESOLUTION 2014-065 AUTHORIZING THE CITY MANAGER TO EXTEND AN INTERGOVERNMENTAL AGREEMENT WITH NORTHERN ILLINOIS UNIVERSITY FOR THE EMPLOYMENT OF A MASTERS OF PUBLIC ADMINISTRATION (MPA) INTERN THROUGH MAY 15, 2015, IN THE AMOUNT OF $12,085.92. Mayor Rey read Resolution 2014-065 by title only. MOTION Ald. Finucane moved to pass Resolution 2014-065; seconded by Ald. Lash. Ald. Naylor suggested creating more internships for the City. He added there are many other departments at NIU that could provide interns. City Manager Gaura added that there are engineering and GIS interns at the City. She noted a presentation will be made at a future Committee of the Whole meeting on the positions and how they are utilized. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 5. REQUEST TO WAIVE BUILDING PERMIT FEES FROM THE DEKALB PUBLIC LIBRARY DISTRICT RELATED TO THE CONSTRUCTION OF THE LIBRARY EXPANSION IN THE AMOUNT OF $9,444.75. City Attorney Frieders noted that Safebuilt has agreed to reduce their fee from 75% to 50% for the Library. Staff is seeking a waiver of fees that have a direct cost to the City, and approval of waiver Regular City Council Meeting Minutes July 14, 2014 Page 4 of 7 of all fees as outlined in the Memo, noting that $70,984.50 would be waived. City Manager Gaura stated that if the City were to charge a fee it would mean that taxpayers are paying those costs. She added that the Library is a component of the City and TIF funds would be utilized. MOTION Ald. Finucane moved to approve the waiver of building permit fees for the Library; seconded by Ald. Lash. 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. 6. AUTHORIZATION OF ISSUANCE OF A CONSTRUCTION PERMIT TO NORTHERN ILLINOIS UNIVERSITY FOR THE LUCINDA AVENUE BIKE PATH AND SIDEWALK REPLACEMENT PROJECT. MOTION Ald. O’Leary moved to authorize issuance of a construction permit to NIU for the Lucinda Avenue Bike Path and Sidewalk Replacement project; seconded by Ald. Finucane. City Engineer Laskowski explained that there will be two 4-foot bike lanes and 4-foot pedestrian walkway from Annie Glidden to Normal and on existing sidewalk. There will be some removal and replacement and it will be striped for 2-way bike traffic. Ald. Naylor expressed concern of reducing the pedestrian sidewalk and the traffic issues it presents for safety. Ald. Lash added her unease with narrowing the sidewalk. She stated we are sacrificing quality for speed. City Engineer Laskowski replied that the initial intent was to separate the pedestrians from the bicyclists. The delineation is not a permanent barrier, he added. Mr. Bill Nicklas, Vice President of Operations at NIU stated there is a plan that will be safer for those walking. Students who looked at a master plan indicated the south side of Lucinda is a raceway. It will encourage and soften those who want to speed. Addressing concerns regarding continuing the project east of Normal, Mr. Nicklas replied that the budget does not allow for this at this time. He added it could continue somewhat to the east side; however, there is a bridge at end of Lucinda. It might go to Gilbert but that is still a matter of discussion. Discussion followed regarding the expansion, safety, etc. City Manager Gaura pointed out that Lake Shore Drive in Chicago accommodates both pedestrians and bicyclists and people honor those lanes. There is language in the agreement also, she said, that would indemnify the City. Staff supports the recommendation. Ald. Lash stated she would like to see more physical separation between pedestrians and bikes. VOTE Motion carried on roll call vote of 6-2. Aye: Jacobson, Finucane, Snow, Baker, O’Leary, Rey. Nay: Lash, Naylor. Mayor Rey declared the motion passed. G. ITEMS FOR SEPARATE ACTION: 1. RESOLUTION 2014-066 AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH SIKICH, LLP FOR A PAY, COMPENSATION AND  Regular City Council Meeting Minutes July 14, 2014 Page 5 of 7 CLASSIFICATION STUDY IN AN AMOUNT NOT TO EXCEED $56,236.00. Mayor Rey read Resolution 2014-066 by title only. Assistant City Manager Espiritu explained the proposed contract with Sikich which addresses key recommendation from EPI. He noted that the last compensation study was done in 2003 and the last performance evaluation was done in 2006. He introduced Greg Kuhn and Cristi Musser of Sikich. Mr. Kuhn said the City identified the project in three phases: evaluate the compensation plan and conduct a market study of salaries and benefits; observe positions and update as necessary; appraise current performance management system. This will be a multi-month study, he said. Ald. Naylor inquired if there will be a presentation to Council. Mr. Kuhn replied affirmatively, based on the City’s direction. Some of the information may be suited to a workshop environment, he added. City Manager Gaura added that staff will defer to Council which format they would prefer. MOTION Ald. Naylor moved to pass Resolution 2014-066; 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. 2. AWARD OF A BID TO ELLIOTT AND WOOD CONTRACTORS FOR THE PAVING OF HAISH PARKING LOT 7 IN AN AMOUNT NOT TO EXCEED $150,000.00. MOTION Ald. Naylor moved to award the bid to Elliott and Wood Contractors for the paving of Haish Parking Lot 7 in an amount not to exceed $150,000.00; seconded by Ald. Baker. City Engineer Laskowski advised Council that this is the seventh lot to be repaved which is at the intersection of Locust and Third Street. Staff is requesting that Council authorize $150,000 which will allow staff to make change orders and keep the project on task. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 3. AWARD OF A BID TO PERFECT CLEANING FOR CUSTODIAL SERVICES FOR THE CITY HALL, POLICE STATION, AIRPORT, AND PUBLIC WORKS FACILITIES IN AN AMOUNT NOT TO EXCEED $60,000.00 FOR THE TERM OF ONE YEAR FROM AUGUST 1, 2014 THROUGH JULY 31, 2015. MOTION Ald. Lash moved to award the bid to Perfect Cleaning for Custodial Services for the City Hall, Police Station, Airport and Public Works facilities in an amount not to exceed $60,000.00 for the term of one year from August 1, 2014 through July 31, 2015; seconded by Ald. O’Leary. Public Works Director Moore advised Council that four bids were received and staff verified the Regular City Council Meeting Minutes July 14, 2014 Page 6 of 7 contractor is able to meet the demands of the City. The contract is for $48,000, but should there be an unanticipated event, staff is asking for approval of $60,000 to meet any events that may arise. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 4. AWARD OF A BID TO TRUGREEN TO PROVIDE CHEMICAL TREATMENTS TO CITY ASH TREES IN AN AMOUNT NOT TO EXCEED $25,000.00. MOTION Ald. Finucane moved to award the bid to TruGreen to provide chemical treatments to City ash trees in an amount not to exceed $25,000.00; seconded by Ald. Naylor. Public Works Director Moore advised Council that this is the third year the City would be treating trees. TruGreen was the lowest bidder and treatments will begin almost immediately, he said. The City has 1,286 ash trees and has treated 859. There have been 298 ash removals; 145 were not parkway trees but were in the nursery and staff chose not to treat them. Mr. David Clanton, DeKalb, Illinois, owner of Clanton Tree Company stated it is remarkable he is not treating the trees again. He stated he saved many trees and that Public Works wanted to spend $1 million. He added that in 2011 he and Ald. Baker were going to lobby Council to issue a bid offer. He stated he saved 90% of the trees; the only ones lost were because treatment was not started when he recommended it. He added he was disqualified from this year’s bidding because he did not submit the bid at 10:00 a.m. in an envelope. Previously, in 2012, he said, he submitted a bid and “won” it by giving it to TJ Moore at his office. He added he promised the treatments will continue to repel EAB if he gets the contract. According to bid specs, TruGreen must use more expensive chemicals according to the law and TruGreen is being disingenuous with its offer, he said. Mayor Rey asked Public Works Director Moore if the recommended bidder meets the bid specs; Public Works Director Moore replied affirmatively. Ald. Baker asked Mr. Clanton if he is stating that TruGreen will not treat all the trees or charge more. He added that Council does have the option of rejecting all bids and accepting Mr. Clanton. He asked Mr. Clanton what he would charge the City for his services. City Attorney Frieders stated that Mr. Clanton did submit a bid, but it did not meet the bid specs and it was not submitted on time. Ald. Baker reiterated that Council can reject these bids. City Attorney Frieders advised he would strongly discouraged Council from rejecting bids and engaging in a conversation with a bidder that was untimely and not submitted on time. With regard to Mr. Clanton’s contention that TruGreen would violate laws, staff does not believe there is any merit to that contention. Ald. Baker repeated his question to Mr. Clanton and asked what his bid was. He stated that his question cannot be interrupted as he has the floor. Mayor Rey looked to City Attorney Frieders for advice and should Council now vote. City Attorney Frieders stated if the question is properly called it takes priority. Ald. Baker stated he is within his three-minute limit. City Attorney Frieders stated that calling a question does not  Regular City Council Meeting Minutes July 14, 2014 Page 7 of 7 occur during a pending and valid question. Mr. Clanton stated he would bring it in under $25,000 or not much more. He added that TruGreen didn’t bid it right. He repeated he would bring it in at $25,000 or not much more and will warrant it. City Attorney Frieders advised Council that Mr. Clanton previously had a contract that was not to exceed $19,879.20 and he has submitted an invoice for $22,000+ but he did not submit a timely bid. Ald. Lash stated the contention is that Mr. Clanton did not meet the bid specs and if Council was to negotiate with him or reject bids this could open the City to a lawsuit. She asked Public Works Director Moore the specifics on Mr. Clanton not meeting the bid specs. Public Works Director Moore replied that the bid was not delivered on time. City Attorney Frieders added that the bid was submitted late, not in a sealed envelope and not complete. Public Works Director Moore stated there are certain things that must be complied with; it has to be sealed and delivered on time. Ald. Naylor called the question (for a vote); carried on voice vote. Mayor Rey declared it passed. VOTE Motion carried 6-2 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, O’Leary, Rey. Nay: Jacobson, Baker. Mayor Rey declared the motion passed. H. NEW OR UNFINISHED BUSINESS: I. REPORTS – COMMUNICATIONS: Ald. Finucane deferred to Dee Coover who announced the Library groundbreaking will be held at 10:00 a.m., July 26th. Ald. Naylor stated that the Municipal Band will be celebrating its 160th year of continuous operations and will hold a special event on December 13th at the Egyptian with the benefits going to the Dee Palmer Scholarship Fund. J. RECESS FOR CLOSED SESSION: Not acted on in this meeting. K. ADJOURNMENT: MOTION Ald. Lash moved to adjourn the meeting; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 8:02 p.m. ___________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council July 28, 2014