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City Council

Regular Meeting

DeKalb, IL · December 8, 2014

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Minutes

MINUTES CITY OF DEKALB CITY COUNCIL COMMITTEE OF THE WHOLE MEETING DECEMBER 8, 2014 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, December 8, 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 5:03 p.m. A. ROLL CALL Economic Development Coordinator Jennifer Diedrich called the roll and the following members of City Council were present: Alderman Bill Finucane, Alderwoman Kristen Lash, Alderman Bob Snow, Alderman Dave Baker, Alderwoman Monica O’Leary, and Mayor John Rey. The following members were absent at roll call: Alderman David Jacobson (arrived at 5:13 p.m.), and Alderman Ron Naylor. Also present were City Manager Anne Marie Gaura, City Attorney Dean Frieders, Finance Director Cathy Haley, Police Chief Gene Lowery, Deputy Police Chief Wes Hoadley, Fire Chief Eric Hicks, Community Development Director Ellen Divita, Public Works Director T.J. Moore, City Engineer John Laskowski, City Planner Derek Hiland, Economic Development Coordinator Jennifer Diedrich, Management Analyst Lauren Stott, and Deputy Clerk Ruth Scott. B. ITEMS ALSO ON THE REGULAR AGENDA None. C. CONSIDERATIONS 1. City Manager Gaura provided a review and status update on the Commercial Building Program. This program was first introduced at the Committee of the Whole meeting of August 11, 2014 to ensure buildings are being maintained and to provide safety to anyone in the buildings. Since then, the ordinance has been modified extensively. The original ordinance proposed will not be used as a template for any ordinance moving forward in the future. A lot of feedback has been received regarding the program – some positive and some negative. All feedback is being taken into consideration so that improvements can be made in order to make DeKalb business-friendly. Chief Hicks stated a lot of information has been obtained during the process and Committee of the Whole December 8, 2014 Page 2 of 5 provided the results of a survey of 51 fire departments throughout Illinois. Chief Hicks also provided a brief overview of the program that includes no changes to the current Fire Life Safety inspection program or building codes, fees will not be required, additional staff will not be added, home- based business inspections will be excluded, only the contact information of a 24-hour contact person will be required and no tenant information will be collected, additional staff will not be added, and the only cost will be the purchase of new hardware. Chief Hicks then provided an overview of what the City will and will not be looking for during inspections such as exits, fire extinguishers, and dangerous combustibles. Inspections will also include a quick walk through of the interior, exterior, brick façade, etc. Mayor Rey asked if the inspection report would require a signature from the business representative and the person conducting the inspection. Chief Hicks said that it would. An iPad or equivalent will be used during the inspection and would include a space for both signatures. A copy of the signed report would then be emailed to the business. Chief Hicks also added that Insurance Services Organization (ISO) inspections will be completed every three years. All municipal buildings would also be required to have inspections completed annually and expected to comply with any required improvements. City Attorney Frieders discussed compliance agreements stating it is the underlying goal of the City to improve safety within the buildings. The City had completed similar inspections until 2007 when staffing levels were reduced. City Attorney Frieders continued to discuss aspects of the building ordinance. Chief Hicks added that businesses already receiving a documented ISO report won’t have to participate in the inspection. Business will also be rewarded for maintaining safe buildings with a window decal showing they passed the inspection. City Manager Gaura stated that staff will be recommending TIF assistance for upgrades and compliance. The City will be looking at the business community to help develop the parameters. Mayor Rey asked for clarification on the ISO insurance inspection. Chief Hicks replied that the ISO inspections are required for larger industrial buildings. Further discussion regarding inspections ensued. Alderman Snow stated that staff has done a good job addressing this issue. He also stated that he would like to review results of the first round of inspections Committee of the Whole Meeting December 8, 2014 Page 3 of 5 before determining how often they need to be done in the future. Alderwoman O’Leary asked if TIF funding would be provided to all businesses in the City. City Manager Gaura stated it would only be available to the businesses located in the TIF districts. Alderwoman O’Leary expressed her concern about certain business receiving assistance while others could not. City Manager Gaura stated that legally, TIF funds could not be used outside of the district. City Attorney Frieders added that the ability to use funds outside of a TIF district are extremely restricted. Alderwoman O’Leary asked how businesses outside the TIF district would get funding for needed repairs. City Attorney Frieders replied there is no other funding source other than the general fund. Alderwoman O’Leary asked if inspections would include the entire building or only the public areas. City Attorney Frieders stated it is being recommended to inspect the entire building. City Manager Gaura asked Chief Hicks if the survey revealed other municipalities also conducting inspections of the entire building. Chief Hicks replied that it had. Alderman Jacobson asked why some business owners would be required to pay fees for inspections and others would not. Chief Hicks replied that the Fire Life Safety inspections take an hour or more to complete whereas the proposed inspection program could take less than 30 minutes. Alderman Baker expressed concern that inspectors will be looking for issues with the buildings and added that perhaps permit fees could be reduced in select situations Chief Hicks stated that the Fire Department is not out to raise revenue. They want to raise public awareness and safety. He further added that the Fire Department has only written one ticket since 1999. Mayor Rey opened the discussion for citizen comments. Local business owner Will Heinisch made reference to the ordinance proposed by the FOCUS group and stated that staff chose not to engage in the group’s suggested changes to the ordinance. The City has not proven the need for this ordinance. It was time to work together on a pro business image. Paul Sauser asked how many injuries have occurred in buildings located in the City over the last five years. He personally has never seen anything that you get for free and is suspicious of the inspection program. Mr. Sauser suggested putting a rider in the ordinance stating the ordinance will become null and void if a fee is Committee of the Whole December 8, 2014 Page 4 of 5 required for an inspection. Mayor Rey asked Council if they wished for staff to continue developing the ordinance. There were no comments from Council. Mayor Rey instructed staff to continue. City Manager Gaura stated that staff would start drafting the ordinance to share with the stakeholder groups and added it would also be posted on the website. Council was in approval. City Manager Gaura stated staff would be glad to meet with any group as needed. Public hearings will be held on January 12 and January 26, 2015 regarding this issue. Alderman Baker stated he hopes that staff has reviewed and incorporated the FOCUS group’s ideas and suggestions into the ordinance. City Manager Gaura replied that many of their ideas have been incorporated in the drafted ordinance. The ordinance proposed by the FOCUS group is based on the ordinance staff presented to Council during the September 8, 2014 Council meeting. However, that ordinance is no longer on the table. Further, the ordinance has been built upon after each meeting with the stakeholders and ideas of others. Ms. Gaura stressed that she and staff will continue to meet with whomever wants to meet. 2. City Planner Hiland provided a brief update to the University Village redevelopment. The developer, Security Properties, has put forth a request to the City for rezoning of University Village, specifically regarding the density in parking. Mr. Hiland stated that the first meeting with University Village residents took place in November in order to hear their concerns. More of these meetings are scheduled to take place, one of which will be on January 7, 2015. Security Properties will be in attendance in order to provide information to residents. Based on the information received, a public hearing will be held and then the Planning and Zoning Commission will make a recommendation to Council. Alderman Finucane asked how the redevelopment will impact HUD and Section 8 housing. Mr. Hiland stated that Security Properties has shared with the City that they need to learn more about these issues. It is their intent to reconfigure and remodel each unit going forward. At this time, plans do not show any change except for in the kitchens and bathrooms. Security Properties has a list of what each unit will require; however, the City hasn’t seen that list. Council approved staff proceeding with this item as presented. Committee of the Whole Meeting December 8, 2014 Page 5 of 5 D. RECESS FOR EXECUTIVE SESSION OF THE CITY COUNCIL 1. Approval to Hold an Executive Session to Discuss Collective Bargaining as Provided for in 5 ILCS 120/2(c)(2). Not acted on at this meeting. 2. Approval to Hold an Executive Session to Discuss Pending or Imminent Litigation as Provided for in 5 ILCS 120/2(c)(11). Not acted on at this meeting. 3. Approval to Hold an Executive Session to Discuss Personnel as Provided for in 5 ILCS 120/2(c)(1). Not acted on at this meeting. 4. Approval to Hold an Executive Session to Discuss Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5). Not acted on at this meeting. E. ADJOURNMENT MOTION Alderwoman O’Leary moved to adjourn the meeting, seconded by Alderman Jacobson. Motion carried on a voice vote. Mayor Rey declared the meeting adjourned at 6:00 p.m. ____________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council Date: January 12, 2015 MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING DECEMBER 8, 2014 The City Council of DeKalb, Illinois held a Regular Meeting on Monday, December 8, 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 6:12 p.m. A. ROLL CALL Economic Development Coordinator Jennifer Diedrich called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Bill Finucane, Alderwoman Kristen Lash, Alderman Bob Snow, Alderman Ron Naylor, Alderman Dave Baker, Alderwoman Monica O’Leary, and Mayor John Rey. Absent: Alderman Ron Naylor. Also present were City Manager Anne Marie Gaura, City Attorney Dean Frieders, Finance Director Cathy Haley, Police Chief Gene Lowery, Deputy Police Chief Wes Hoadley, Fire Chief Eric Hicks, Community Development Director Ellen Divita, Public Works Director T.J. Moore, City Engineer John Laskowski, City Planner Derek Hiland, Management Analyst Lauren Stott, Economic Development Coordinator Jennifer Diedrich, and Deputy Clerk Ruth Scott. B. PLEDGE OF ALLEGIANCE Officer Kelly Sullivan led the Pledge of Allegiance to the Flag. C. APPROVAL OF THE AGENDA – ADDITIONS / DELETIONS Item E.1.g. “Request to Cancel the December 22, 2014 Committee of the Whole and Regular Meeting of the City Council” was moved to Item H. “New or Unfinished Business.” Item E.4. “Citizens Comments” was moved to Item C. “Approval of the Agenda – Additions / Deletions.” Item F.11 “Ordinance 2014-048 Approving a Special Use Permit for a Museum on Property Zoned “MFR-1” Multi-Family Residential, Ellwood-Nehring House, Located at 417 North First Street” was moved to Item G. “Items for Separate Action.” Regular Meeting Minutes December 8, 2014 Page 2 of 13 MOTION Alderman Jacobson moved to accept the agenda as amended, seconded by Alderwoman Lash. Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Alderman Naylor. Mayor Rey declared the motion passed. CITIZENS COMMENTS (E.4.) Mayor Rey invited registered speaker, Adewale Adetwiji, to the podium. Mr. Adetwiji stated that he represented African American NIU students and spoke about the ongoing events taking place in Ferguson, Missouri and nationwide involving men and women of African descent. Mr. Adetwiji then gave a timeline of events that took place in DeKalb during a peaceful protest. Mr. Adetwiji stated a solution needs to be found in order to stop the negative comments African American NIU students are subjected to in this community. Mayor Rey stated that he and Chief Lowery have attended several events over the last several weeks in an effort to reach out to the black community. Mayor Rey stated that staff will continue to be alert to situations of racial bias and take appropriate action. City Manager Gaura stated that she and Chief Lowery would like to sit down with the group regarding their concerns. Registered speaker Cecile Meyer expressed concern that more jobs in this community are not held by African American citizens, especially teaching jobs where the staff doesn’t match the diversity of the students. Mayor Rey stated that Chief Lowery has made an attempt to diversity the police staff. In response, Chief Lowery stated that two African American officers are on staff at this time. Ms. Meyer stated she is also concerned with the diversity of neighborhoods in this community. D. PUBLIC HEARINGS There were none. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items a. Economic Development Coordinator Jennifer Diedrich stated that IT Volunteer Intern Danielle Heard was unable to attend this meeting. b. Economic Development Coordinator Jennifer Diedrich introduced IT Volunteer Intern Erin McKinney. Ms. McKinney thanked Council and staff for the opportunity to intern with the City. Ms. McKinney also thanked IT Technician Jeff Birtell for sharing his knowledge with her. Regular Meeting Minutes December 8, 2014 Page 3 of 13 c. City Manager Gaura introduced Management Analyst Lauren Stott and listed highlights of her education and career. d. Mayor Rey read a proclamation regarding the Egyptian Theatre’s 85th Anniversary and presented it to the Egyptian Theatre’s Executive Director Alex Nerad. e. Hope Haven’s Executive Director Mike Newman provided the agency’s Human Services Funding annual report. Mr. Newman thanked the Mayor and Council for all they do for Hope Haven. Mr. Newman then listed highlights of the past year including service statistics, new, and changed programs. Mayor Rey thanked Mr. Newman for the help Hope Haven provides to the community. f. Finance Director Cathy Haley introduced Jamie Wilke of Lauterbach & Amen, LLP who provided an overview and key highlights of the audit report for fiscal year ended June 20, 2014. Ms. Wilke thanked Finance Director Haley and Assistant Finance Director Robert Miller for a smooth audit process. Mayor Rey thanked Ms. Wilke for the overview. g. “Request to Cancel the December 22, 2014 Committee of the Whole and Regular Meeting of the City Council” was moved to Item H. “New or Unfinished Business.” 2. Presentations There were none. 3. Approval of Mayor Appointments There were none. 4. “Citizens Comments” moved to Item C. “Approval of the Agenda – Additions / Deletions.” F. CONSENT AGENDA – OMNIBUS VOTE Item F.11 “Ordinance 2014-048 Approving a Special Use Permit for a Museum on Property Zoned “MFR-1” Multi-Family Residential, Ellwood-Nehring House, Located at 417 North First Street” moved to Item G. “Items for Separate Action”. Regular Meeting Minutes December 8, 2014 Page 4 of 13 MOTION Alderman Jacobson moved to approve the Consent Agenda as amended; seconded by Alderman O’Leary. Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. MOTION Alderman O’Leary moved to approve the listings on the Consent Agenda as amended; seconded by Alderman Snow. Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes a. Joint Committee of the Whole and Human Relations Committee Meeting Minutes of November 10, 2014. Passed in the Consent Agenda by Omnibus Vote. b. Regular Meeting Minutes of November 10, 2014. Passed in the Consent Agenda by Omnibus Vote. 2. Receive & File a. FY15 Accounts Payable through December 9, 2014, in the Amount of $1,205,314.99. Received and filed in the Consent Agenda by Omnibus Vote. b. Investment and Bank Balance Summary through October 2014. Received and filed in the Consent Agenda by Omnibus Vote. c. Year-to-Date Revenues and Expenditures for the General Fund through October 2014. Received and filed in the Consent Agenda by Omnibus Vote. d. Airport Advisory Board Meeting Minutes of October 21, 2014. Received and filed in the Consent Agenda by Omnibus Vote. 3. Ordinance 2014-039 Amending Chapter 3 “City Administration”, Section 3.08 “Powers and Duties of the City Manager”, Authorizing the City Manager or Designee to Waive Fees to Other Units of Government, Not-For-Profit Organizations, Occupants of City Buildings, and City Funding Projects on a Per Project Basis (Second Reading). Passed in the Consent Agenda by Omnibus Vote. 4. Ordinance 2014-040 Amending Chapter 35 “Towing Policy”, Section 35.07 “Vehicle Impoundment or Immobilization: Tow for Specified Violations (Second Reading). Passed in the Consent Agenda by Omnibus Vote. Regular Meeting Minutes December 8, 2014 Page 5 of 13 5. Resolution 2014-108 Adopting the East Branch of the South Branch of the Kishwaukee River Watershed Plan. Passed in the Consent Agenda by Omnibus Vote. 6. Resolution 2014-109 Authorizing the Approval of the Revised Transportation Improvement Program (TIPS) for Federal Fiscal Years 2016 – 2020 at the DeKalb- Taylor Municipal Airport. Passed in the Consent Agenda by Omnibus Vote. 7. Resolution 2014-110 for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code. Passed in the Consent Agenda by Omnibus Vote. 8. Resolution 2014-111 Authorizing a Payment of $42,040.53 for the Tax Liability Created from Employer Contributions to a 457B Deferred Compensation Plan, and if Necessary, Additional Amounts for Possible Penalties Assessed for Tax Year 2013. Passed in the Consent Agenda by Omnibus Vote. 9. Resolution 2014-112 Authorizing Payment of Nicor Gas Company Utility Bills in Excess of $20,000. Passed in the Consent Agenda by Omnibus Vote. 10. Resolution 2014-113 Approving the Payment of Invoices for the Second Part of December 2014 Prior to the January 12, 2015 City Council Meeting. Passed in the Consent Agenda by Omnibus Vote. 11. “Ordinance 2014-048 Approving a Special Use Permit for a Museum on Property Zoned “MFR-1” Multi-Family Residential, Ellwood-Nehring House, Located at 417 North First Street. (First Reading)” was moved to G. “Items for Separate Action.” G. ITEMS FOR SEPARATE ACTION F.11 Ordinance 2014-048 Approving a Special Use Permit for a Museum on Property Zoned “MFR-1” Multi-Family Residential, Ellwood-Nehring House, Located at 417 North First Street. (First Reading) Mayor Read Ordinance 2014-048 by title only. City Planner Derek Hiland provided background on this item stating that in 2012, the Ellwood House Association received a temporary Special Use Permit for the Nehring House Museum that expires December 31, 2014. The permit also stated that not less than six months prior to the expiration, the Ellwood House Association shall submit documentation to the City giving evidence that parking needs are being met by the current facilities by keeping a log of the number of events and attendees over the duration of the permit in order to recognize the potential parking requirements for the whole museum campus. Regular Meeting Minutes December 8, 2014 Page 6 of 13 City Planner Hiland stated the parking counts have been completed and the Ellwood House Association has documented that in 2013 there were 80 out of 115 occasions where parking occurred in some location other than the asphalt lot on the property. After reviewing the documentation, the Planning and Zoning Commission made a recommendation to install an additional 22 parking stalls. A brief discussion regarding the parking needs ensued. Mayor Rey then invited registered speakers regarding this item to approach the podium. Brian Reis, Executive Director of the Ellwood House Association stated that they were excited about moving forward but didn’t agree with the 22 parking spaces recommended by the Planning and Zoning Commission and would rather adjust the events schedule to accommodate parking in order to respect the history of the site and avoid a sea of asphalt. Mr. Reis asked Council to not follow the recommendation of the Planning and Zoning Commission and provided other options. Mr. Reis stated a neighboring church has agreed to allow parking in their lot in the event of overflow where Ellwood House staff would be on hand to assist. Mayor Rey asked about the possibility of permeable pavers. Mr. Reis stated that although expensive, they would be considered because they are more aesthetically pleasing. Mayor Rey stated he had concerns regarding foot traffic on the grassy area and asked if any accidents had been documented. Mr. Reis replied there were none. Alderwoman Lash asked if parking were to take place at the church, would parking still be allowed on the grassy area. Mr. Reis replied they would do that if directed. Alderwoman Lash asked about signage directing visitors to the church for parking. Mr. Reis replied that volunteers would be on hand to direct visitors to the church lot. Alderwoman Lash recommended a “lot full” sign directing visitors to the church lot. Alderman Snow spoke favorably of the Ellwood House Association’s suggestions, stating he was in attendance at an event where the church lot was used and feels the church parking is sufficient. Alderman Baker stated he thinks the venue needs more parking and asked if a compromise could be met to add 8 parking spots for now with a visit to the issue in the future. Mayor Rey asked for City Planner Hiland’s input. City Planner Hiland stated that other numbers were discussed, however, the Planning and Zoning Commission was Regular Meeting Minutes December 8, 2014 Page 7 of 13 concerned about long term effects. The 22 spaces recommended are a result of the amount of meeting space provided by the Ellwood-Nehring House. Alderman Baker asked other Council members if they were in favor of eight parking spaces now with the stipulation that parking needs be addressed every three years. A lengthy discussion ensued. Mr. Tim Conklin, a member of the Ellwood House Association Board of Directors, stated parking had never been an issue while he’s been on the board until the Nehring House was added and asked for consideration of preserving what’s been on the site for over 100 years. Mr. Conklin asked that the number of spaces recommended by the Planning and Zoning Commission be eliminated or greatly reduced. Mr. Conklin added that the Ellwood House Association has limited operating funds and would rather spend money on restoring the landscape and buildings, not on a parking lot. Lisa Sharp of Sharp Architects stated the Ellwood-Nehring property is unique and has history with the Ellwood Historic Neighborhood. She added there were other expenditures to keep in mind as they move forward and hoped Council would modify the special use permit. Discussion continued regarding this issue. Council asked for written documentation from the church indicating their approval of the Ellwood House Association using their parking lot for event overflow parking. MOTION Alderman Snow moved to receive and file Ordinance 2014-048, amending the number of parking spaces required from 22 to eight, seconded by Alderman Finucane. VOTE Motion carried on a 6-1-1 roll call vote. Aye: Jacobson, Finucane, Snow, Baker, O’Leary, Rey. Nay: Lash. Absent: Naylor. Mayor Rey declared the motion passed. 1. Omnibus Approval of Tax Levies of the City of DeKalb, Illinois, for Tax Levy Year 2014, Ordinances 2014-41, 2014-42, 2014-43, 2014-44. (Second Reading) Mayor Rey read this item by title only. Regular Meeting Minutes December 8, 2014 Page 8 of 13 MOTION Alderman Finucane moved to approve Tax Levies of the City of DeKalb, Illinois, for Tax Levy Year 2014, Ordinances 2014-41, 2014-42, 2014-43, 2014-44 by Omnibus Vote, seconded by Alderwoman O’Leary. Finance Director Haley provided an overview of changes to the levy as requested by Council. There were no comments from Council regarding this item. VOTE Motion carried on a 6-1-1 roll call vote. Aye: Jacobson, Finucane, Snow, Baker, O’Leary, Rey. Nay: Lash. Absent: Naylor. Mayor Rey declared the motion passed. 2. Ordinance 2014-045 Abating Taxes Levied for Corporate Purposes for the Tax Year 2014 (Bonds). (Second Reading) Mayor Rey read this item by title only. MOTION Alderman Jacobson moved to approve Ordinance 2014-045, seconded by Alderwoman O’Leary. Finance Director Haley reviewed the Ordinance with Council. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. 3. Ordinance 2014-049 Establishing the DeKalb County Enterprise Zone for the City of DeKalb Enterprise Zone Designation – Tax Abatement. (Waiver of First and Passage on Second Reading) Mayor Rey read this item by title only. Alderwoman Lash stated she didn’t understand why NIU’s student center was still on the Enterprise Zone map. City Attorney Frieders stated there was potential for the site to be used in the future in whole or in part for private use. There are currently no plans in place; it was included for maximum flexibility in the future if necessary. Regular Meeting Minutes December 8, 2014 Page 9 of 13 A lengthy discussion between Alderwoman Lash and City Attorney Frieders ensued regarding the inclusion of the NIU student center on the Enterprise Zone map. Mr. Paul Borek, DCEDC Executive Director, stated the nature of the student center is commercial and explained why it was included on the map. Alderwoman Lash stated she was nervous about including the student center on the Enterprise Zone map. City Attorney Frieders stated there are many parcels included in the Enterprise Zone not eligible for abatements in their current use and added this is commonplace across the state. Alderman Baker commented on NIU’s taxable property and events at the Convocation Center and asked if the City receives tax from the events. City Attorney Frieders stated the dorms are used for long-term public use. Although the building was constructed privately, exemptions are based on use, not ownership. Alderman Jacobson stated that student housing isn’t tax exempt. City Attorney Frieders stated he would be happy to follow-up on this issue. MOTION Alderwoman Lash moved to remove the student center from the Enterprise Zone. There was no second. MOTION Alderman Finucane moved to receive and file Ordinance 2014-049, seconded by Alderwoman O’Leary. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. MOTION Alderman Snow moved to waive first reading and pass on second, seconded by Alderwoman O’Leary. Mayor Rey declared the motion passed. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. Regular Meeting Minutes December 8, 2014 Page 10 of 13 4. Resolution 2014-114 Authorizing an Intergovernmental Enterprise Zone Property Tax Abatement Agreement with the County Board of DeKalb County, the Town Council of Cortland, the City Council of DeKalb, the City Council of Genoa, the City Council of Sandwich, the City Council of Sycamore, and the Village Board of Waterman. Mayor Rey read Resolution 2014-114 by title only. MOTION Alderman Finucane moved to approve Resolution 2014-114, seconded by Alderman Snow. There was no discussion regarding this item. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. 5. Ordinance 2014-046 Amending Chapter 51 “Traffic”, Schedule C “Parking Prohibited” Regarding Garden Drive Parking Restrictions. (Second Reading) MOTION Alderwoman Lash moved to approve Ordinance 2014-046, seconded by Alderman Jacobson. City Engineer Laskowski stated signs could be installed in approximately two weeks. Alderwoman O’Leary stated she’s received many calls regarding this item and asked if it was possible to get a three-way stop sign at Lucinda and Garden, especially since a pedestrian was recently hit by a car in that area. City Engineer Laskowski stated he would discuss the request at the upcoming neighborhood meeting. Chief Lowery stated he received no further feedback regarding this item since the last Council meeting and he recommends and supports the ordinance amendment. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. 6. Resolution 2014-115 Authorizing the Chief of Police to Enter into a Community Oriented Policing Services (COPS) Grant Agreement. Regular Meeting Minutes December 8, 2014 Page 11 of 13 MOTION Alderwoman Lash moved to approve Resolution 2014-115, seconded by Alderwoman O’Leary. Chief Lowery gave a brief overview of the information provided at the last Council meeting and stated time was of the essence due to the December 31, 2014 deadline. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. 7. Resolution 2014-116 Award of a Bid to the Morton Salt Company for the Purchase and Delivery of Clear Southern Rock Salt for the City of DeKalb, Illinois, Five Potable Water Treatment Plants. MOTION Alderman Jacobson moved to approve Resolution 2014-116, seconded by Alderwoman Lash. Public Works Director T.J. Moore gave a brief overview of this item and stated the bid from Morton Salt Company was the only one received. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. 8. Resolution 2014-117 Award of a Bid to Viking Chemical Company for the Purchase and Delivery of Three Types of Potable Water Treatment Chemicals (Liquid Chlorine 2.3, Liquid Hydrofluosilic Acid, and Ortho/Poly Blended Phosphate). MOTION Alderman Jacobson moved to approve resolution 2014-117, seconded by Alderwoman O’Leary. Public Works Director T.J. Moore gave a brief overview of this item and stated three bids were received with Viking Chemical Company coming in with the lowest bid. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. Regular Meeting Minutes December 8, 2014 Page 12 of 13 H. NEW OR UNFINISHED BUSINESS There was a brief discussion regarding the request to cancel the December 22, 2014 Committee of the Whole and Regular Meeting of City Council. MOTION Alderman Jacobson moved to approve the request to cancel the December 22, 2014 Committee of the Whole and Regular Meeting of City Council, seconded by Alderwoman O’Leary. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. I. REPORTS – COMMUNICATIONS Alderman Jacobson wished everyone happy holidays and wished the Huskies good luck at the upcoming Boca Raton Bowl. Alderman Finucane wished the Huskies good luck at the upcoming Boca Raton Bowl. He also stated that food donations are needed at this time of the year throughout the community. Alderman Finucane also stated he supports the rights of those making peaceful protests. Alderwoman Lash invited everyone to the Kishwaukee Community Band’s annual holiday concert at NIU on Wednesday. Alderman Snow had no report. Alderman Baker wished good luck to the Huskies. Alderwoman O’Leary had no report. Mayor Rey advised Council that he anticipated making a City Clerk appointment at the January 12, 2015 Council meeting and encouraged any citizen interested to check the City’s website for more information. City Manager Gaura stated that in the last month the last of the remaining staff from the Annex had been moved into City Hall. An open house will be held in the future. City Attorney Frieders stated that positive communication is ongoing regarding the University Village redevelopment and thanked Alderman Finucane for his participation. Chief Lowery stated that police officers participated in “shop with a cop” at Target over the past weekend. There were double the children from last year’s event. Finance Director Haley had no report. Regular Meeting Minutes December 8, 2014 Page 13 of 13 Chief Hicks thanked 3M for awarding the Fire Department with a grant recently in the amount of $2,500. Chief Hicks also reported that the fire department hosted an event over the past weekend where over 80 needy children were given donated coats. Community Development Director Ellen Divita reported that Economic Development Coordinator Jennifer Diedrich and City Planner Derek Hiland were bringing her up to speed on various projects, one of which is creating a comprehensive listing of available property in the City along with updating the community profile. City Engineer Laskowski had no report. City Planner Hiland had no report. Public Works Director T.J. Moore had no report. J. RECESS FOR EXECUTIVE SESSION MOTION Alderman Jacobson moved to hold an executive session to discuss the following items, seconded by Alderman Finucane. 1. Collective Bargaining as provided for in 5 ILCS 120/2(c)(2). 2. Pending or Imminent Litigation as provided for in 5 ILCS 120/2(c)(11). 3. Personnel as provided for in 5 ILCS 120/2(c)(1). 4. Purchase or Lease of Real Property as provided for in 5 ILCS 120/2(c)(5). VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Absent: Naylor. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public at 8:10 p.m. Mayor Rey opened the meeting to the public at 8:38 p.m. K. ADJOURNMENT MOTION Alderwoman Lash moved to adjourn the meeting, seconded by Alderman Jacobson. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 8:38 p.m. ____________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council Date: January 12, 2015

Agenda

REVISED AGENDA (Revision Titles are noted in “Red”) Committee of the Whole Meeting December 8, 2014 5:00 p.m. A. Roll Call B. Items Also on the Regular Agenda C. Considerations 1. Commercial and Industrial Building Inspection Program (Referenced attachments now included) 2. University Village Redevelopment Status D. Recess for Executive Session of the City Council 1. Approval to Hold an Executive Session to Discuss Collective Bargaining as Provided for in 5 ILCS 120/2(c)(2). 2. Approval to Hold an Executive Session to Discuss Pending or Imminent Litigation as Provided for in 5 ILCS 120/2(c)(11). 3. Approval to Hold an Executive Session to Discuss Personnel as Provided for in 5 ILCS 120/2(c)(1). 4. Approval to Hold an Executive Session to Discuss Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5). E. Adjournment C-1 December 8, 2014 DATE: December 3, 2014 TO: Honorable Mayor John Rey City Council FROM: Anne Marie Gaura, City Manager Eric Hicks, Fire Chief Dean Frieders, City Attorney SUBJECT: Commercial and Industrial Building Inspection Program STRATEGIC GOAL: Ensure a Financially Stable, Sustainable, and Professional City Government I. Summary The City has undertaken an exhaustive public input process to garner feedback relating to a number of proposals for undertaking a process to ensure that commercial and industrial buildings in the City are maintained in a safe condition, and to prevent the occurrence of serious threats to public safety arising from failure to maintain buildings. Based upon those discussions, staff has developed a completely revised proposal for consideration by the City Council and the public, with a greatly reduced scope, scale and cost as compared to previously discussed proposals. II. Background At the August 11, 2014 Committee of the Whole Meeting, City staff made a presentation to Council regarding a series of significant threats to public safety that had occurred based upon the failure of property owners to maintain commercial and industrial properties throughout the City, and based upon the City’s failure to have a comprehensive program of inspections of such properties, as is done by many of the City’s comparable communities. At the September 8, 2014 City Council Meeting, a draft ordinance was presented which represented a comprehensive rewrite of the City’s inspection processes for commercial and industrial properties, and which provided a detailed proposal for a thorough inspection process. That initial proposal was not well-received by the business community. At the direction of the City Council, staff undertook a very detailed process of engaging with the business community and interested stakeholders to evaluate the best method of achieving the City and the public’s joint goals of ensuring that the commercial and industrial buildings within the City are maintained in such a fashion as to avoid the occurrence of significant threats to public safety. City staff met with the DeKalb County Economic Development Corporation (DCEDC) and a diverse cross-section of its membership, the DeKalb Chamber of Commerce Public Policy C-1 December 8, 2014 Committee, the DeKalb Chamber of Commerce Downtown Business Committee, the DeKalb Area Rental Association (DARA), DeKalb County Building and Development Association (DCBDA), FOCUS DeKalb and concerned citizens. Each of those meetings was conducted independently, with each group being afforded ample time to discuss potential options and to make recommendations. There was a clear, negative public reaction to the initial proposal to use contractual, outside inspectors to perform comprehensive inspections at property owners’ cost. In response to that negative reaction, staff worked to develop a revised proposal for conducting inspections at a reduced cost and looked at the best practices available from other communities. The Fire Department conducted a survey of 51 communities and determined that 49 of those communities conducted inspections of commercial and industrial buildings within their corporate limits, using a combination of Firefighters and/or a Fire Prevention Bureau. Looking at that established model, staff explored the potential of utilizing a similar system in the City. To be clear, the original inspection ordinance is not recommended to be moved forward, and will not be used as the template for any proposals to be brought forward prospectively. At preliminary meetings with interested groups, staff discussed the potential to have a program greatly reduced in scope, scale and cost, involving the use of on-duty Firefighters to complete property inspections, coupled with the existing Fire Prevention Lieutenant, and supplemented with the addition of a Fire Marshal and administrative support. This proposal was contemplated to include an estimated first year cost of approximately $240,000 which was to be paid for partially by the City, and partially by a building registration fee of not more than $100 annually. This second proposal was discussed with business owners and interested parties in detail to seek constructive feedback and collaboration, and a result of that collaborative process, this second proposal is not being recommended for adoption, either. Out of the meetings with property owners, staff heard a number of concerns identified. Property owners were concerned about the potential for increased cost associated with the City conducting inspections. They wanted to ensure that any program adopted would include ample due process protections, including the right to appeal determinations of what building code requirements applied to their properties, and the right to contest any determination that a violation existed at their properties. They wanted to ensure that City actions or inspections would not duplicate efforts and costs that they were privately undertaking through their insurance inspections (where applicable). In short, the business community raised a number of very legitimate concerns regarding any proposed City inspection program, and in short, staff has listened to those concerns, taken them seriously, and has developed a greatly curtailed recommendation for consideration by the Council and the public. On November 21, 2014, each of the interested groups and parties were invited to participate in a collaborative, interactive discussion at City Hall, where this revised proposal was introduced. A copy of the handout presented at that collaborative discussion is included with Page |2 C-1 December 8, 2014 the agenda packet. In short, staff has worked to address each of the concerns identified by the affected groups. The basis for each of the recommendations is outlined below the recommendation in italics. • The City’s existing gas station, fire life-safety, hotel/motel, and rooming house inspection programs have been updated in recent years to utilize more technology and to make inspection reports clearer and more accessible. There has not been criticism of these programs, even from those whose properties are subject to the inspections. (In fact, many of the business owners are very complimentary of the inspections). Accordingly, staff would propose to not change these ordinances at all, save for the formal direction that staff should utilize compliance agreements and voluntary processes where possible. o Feedback received from business owners who are currently inspected under these programs has been very positive. • Based upon the overwhelming public and Council response, staff recommends that home-based businesses be excluded from the inspection process. o Council and public reaction has been to exclude home-based businesses. • The inspection process would not involve any change in applicable building codes, and properties would continue to be grandfathered under their pre-existing requirements. o There has never been a proposal to change the building codes, but this is an item that has required some public clarification. • The City would utilize a very simplified registration process identifying the owner and a 24-hour contact for each property, and there would be no new fees for registration or inspection. o Business owner response to either the potential for new fees or the requirement for a detailed registration were uniformly negative. • Any new processes contemplated herein would be completed by existing, on-duty City staff, without incurring additional personnel costs. o The City lacks independent funding to support new costs, and public reaction to any contemplated new positions to complete inspections has been negative. • The City would conduct a basic fire inspection of the interior and exterior of all commercial and industrial properties in the City, identifying any severe threats to public safety or building integrity. Properties that have an annual ISO-qualified insurance inspection would be exempt from this requirement. o Most of the groups that the City has interacted with have conceded that the identification of severe structural or building deficits that constitute a public safety threat is a legitimate City concern. Some businesses indicated that they complete a detailed ISO inspection already, and that duplication of this inspection should not be required. Page |3 C-1 December 8, 2014 • The City would conduct an annual, ISO-qualified walkthrough of commercial and industrial properties to develop a written pre-plan to expedite public safety responses to properties, and to work towards reducing the City’s ISO rating and providing property owners with 1-5% annual savings on insurance costs. o Conducting a pre-plan walkthrough improves public safety, reduces emergency responder reaction times, and reduces insurance costs for property owners across the City. • The City would be obligated to work with property owners collaboratively through the use of compliance agreements, as a condition precedent to proceeding to any form of citation or litigation, except in the most severe of circumstances. Staff would also recommend that the Council consider adopting a program to allocate TIF funding for incentives and cost-sharing for necessary building renovations or improvements within the confines of the TIF Districts. o City staff would recommend that any proposal be business-friendly and provide for collaborate and, where possible, incentivize necessary building repairs. The proposal to conduct pre-plan walkthroughs and/or building inspections is proposed to be phased in over a 2-3 year period. The Council may elect to include provisions that reduce the frequency of inspections for properties that do not have any violations noted (e.g. if a property had no violations, it may be subject to re-inspection only every 2 or 3 years). Also critical to this proposal is recognizing that all City-owned buildings should be subject to the same inspection and review process as privately-owned buildings, to hold the City to the same level of scrutiny as private property owners would be held. Properties that pass inspection could be identified with a decal or certificate. There is no proposal to adjust utility billing. There were three items that were discussed at the November 21 meeting which bear further detail in this memorandum. First, there was a comment raised by some of the participants at the November 21, 2014 meeting that any program implemented by the City should be entirely voluntary in nature, and that the City should not have a requirement of conducting inspections of any commercial or industrial properties. Other participants acknowledged that the limited number of currently mandated inspections (e.g. Fire Life-Safety) are conducted in a collaborative fashion and are a benefit to the affected businesses. However, in response to the suggestion of conducting a voluntary program, and in recognition of the recommendations of the DCEDC, staff has developed the inspection deferral program where responsible property owners who complete a full ISO qualified insurance inspection on an annual basis can submit a copy of that inspection report and avoid the need for a duplicative City inspection. That proposal does not fully address the request by some that any program be purely voluntary. Staff cannot recommend adoption of a purely voluntary program. The inherent paradox of a purely voluntary program is that it leaves property owners who neglect their Page |4 C-1 December 8, 2014 buildings, who may be the most likely to have severe deterioration in their structures, as the only ones whose properties would not be inspected. Given the elimination of cost to property owners and the greatly reduced scope of inspection, the burden on responsible property owners from the City proposal is minimal, and is greatly outweighed by the need to insure that all properties are inspected, including those who may wish to conceal conditions that present a public safety threat. Of note, staff has been unable to identify any communities that operate a meaningful and purely voluntary inspection program. Second, there were a number of persons who indicated an interest in having due process protections, potentially including an appeals board comprised of citizens who could review building code related matters. With a greatly reduced scope of inspection, the concerns relating to properties being cited for minor issues has been obviated. That leaves two primary areas where disputes could arise. One area of dispute would be whether a violation exists at all, or not. With regard to such disputes, where a property owner does not believe that a serious condition exists, the staff recommendation would be to utilize the due process protections afforded by a hearing before an impartial, third-party decision-maker, through the court or administrative hearing process. Staff would not have the unilateral ability to impose fines or penalties on a property owner without going through a traditional due process system of citing a property and having to meet the applicable burden of proof to demonstrate that a violation exists. (And of note, staff still recommends including a requirement that the City be obligated to pursue a compliance agreement and voluntary collaboration before initiating a Court action, except in the case of the most severe threats to public safety). The other potential area of dispute is with regard to the building code standards that would apply to a given structure. Property owners have expressed significant reservations about the fashion in which older structures would be grandfathered under the codes in place at the time of construction, and while staff can pledge to be cooperative, the desire to have a citizens’ board in place to consider such issues is certainly understood. To that end, and in the interests of simplicity and using codes currently in place, staff would recommend using the existing provisions of the Building Code to utilize the Building Code Board of Appeals (BCBOA) to review and make decisions regarding the applicability of building codes to structures throughout the City, where a dispute arises. The BCBOA is a committee comprised of interested property owners, including stakeholders in many of the interest groups identified above, and by current code functions in the exact fashion as business owners have requested. Third, it was requested to provide the revised ordinance to the various stakeholder groups in advance of the January 12, 2015 City Council Meeting. Staff recommends drafting the ordinance after direction is given by the City Council at the December 8, 2014 Committee of the Whole Meeting. The draft ordinance would be provided to the City Council, stakeholder groups and to the community prior to the end of December, or much earlier, if possible. Finally, it should be noted that the executive board of FOCUS DeKalb prepared a revised ordinance proposal based upon the original ordinance contemplated back in September. At one point, FOCUS DeKalb was advocating that any revised proposal from the City should be based upon their ordinance draft. City staff is not recommending using the original Page |5 C-1 December 8, 2014 ordinance draft or format (as outlined above), and believes that with the current proposal, the FOCUS DeKalb draft is unnecessarily complicated and lengthy. It has to be understood that the FOCUS DeKalb draft was prepared in response to the original City draft, which original City draft has been abandoned. The staff recommendation is to adopt a simplified ordinance that in essence directs staff to complete the inspections that the City’s current Fire Code already indicates the City has the authority to complete. The simplified inspection would utilize a one-page inspection report (a proposed copy of which is attached). Business owners have requested additional detail on the sort of conditions that would give rise to a concern under that report, and prior to adoption of any ordinance, staff would work to develop a more specific inspection guideline to share with businesses to develop a common understanding of the type of conditions that the City would be looking to identify. III. Community Groups/Interested Parties Contacted As noted above, the City has conducted a series of meetings with all groups who have identified themselves as having an interest in this process. Those stakeholders are the DCEDC, DeKalb Chamber of Commerce, DCBDA, DARA and FOCUS DeKalb. Staff also has a pending meeting set for next week with the DeKalb Area Realtors group. Staff is recommending that the Council consider this proposal, and that a draft ordinance return for consideration and additional public feedback in January, with potential adoption of a program not earlier than February. IV. Legal Impact The City not only has the legal authority to implement an inspection protocol as outlined above, the inspection protocol is actually what City Code currently authorizes the City to conduct. V. Financial Impact This program is anticipated to utilize on-duty City personnel, and to not include additional cost. VI. Options 1. Direct staff to prepare a revised ordinance consistent with the proposal outlined above, protecting public safety while not generating additional City expense. 2. Direct staff to prepare an alternate proposal. VII. Recommendation Staff believes that this revised proposal, which is greatly reduced in scale, scope and cost, would be a beneficial step to protect public safety. This would be beneficial in protecting property values within the City and encourage public-private collaboration and partnership. Page |6 C-1 December 8, 2014 Building Inspection Program Update: November 21, 2014  Existing Fire Life-Safety (FLS), Rooming House, Hotel/Motel and Gas Station Licenses Unchanged. City would continue current inspections under existing ordinances, and would continue to implement new technology for better reporting of inspection conditions.  Home-based businesses excluded from any proposal, registration or inspection.  No change in building codes is proposed. Existing structures would continue to be grandfathered under applicable codes.  Greatly simplified registration of properties. Identification of owner and 24-hour contact only. No tenant information, or investor/beneficiary identification would be required.  No fees imposed for registration or for any new inspections. Existing FLS, Rooming House, Gas Station and Hotel/Motel would continue at current inspection rates.  No additional staff proposed to be hired and no additional personnel costs. Program would utilize on-duty City Firefighters.  Basic Fire Inspection (interior/exterior) for commercial and industrial properties in the City. Single-page inspection checklist to identify severe conditions. Implement over the next three years, and complete annual inspection thereafter. Inspections would be scheduled with advance notice to owner. This is consistent with the existing provisions of the City’s building code and fire code.  Basic Fire Inspection would be waived for properties that have a comprehensive ISO Insurance Inspection and provide a copy of the inspection to the City.  Annual ISO-qualified (interior/exterior) pre-plan walkthrough for all commercial/industrial properties. Implement over the next three years and complete annual pre-plan update thereafter, as part of City efforts to reduce ISO rating. Again, would be scheduled with advance notice to owner. This would be C-1 December 8, 2014 consistent with City pre-plan walkthroughs that used to be completed, but were terminated in 2007 at the time of staff reductions.  City buildings would be included in all inspections, and subject to same reporting requirements.  Compliance agreements where violations are identified, to work with property owners to address violations. With a compliance agreement, the City would work cooperatively with owners who have outstanding issues through a building permit process, rather than utilizing specialty inspections or fines.  Properties that pass inspection could be identified with a decal or certificate.  Recommendation to City Council to allocate TIF funding for an assistance program for properties within the TIF to address building concerns, with parameters designed with feedback and input from the business community.  No changes in utility billing.  Greatly simplified, shortened ordinance. Ordinance would direct staff to complete the inspection contemplated by the City’s 2006 International Fire Code. Page |2 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 C-1 December 8, 2014 Return to COW Agenda | Forward to Next Item C-2 December 8, 2014 DATE: November 19, 2014 TO: Honorable Mayor and City Council FROM: Anne Marie Gaura, City Manager Derek Hiland, Principal Planner SUBJECT: University Village Redevelopment Update STRATEGIC GOAL: Create Safe and Quality Housing and Improved Environments in our Neighborhoods I. Summary Security Properties, from Seattle, WA, is under contract to purchase University Village, a three- phase 534-unit community located along North Annie Glidden Road in DeKalb. Security Properties is in the process of pursuing 4% low income housing tax credits, short-term bonds, IHDA trust funds (Preservation Now) and long-term HUD 223(f) financing to facilitate the substantial rehabilitation of the entire community. University Village is currently a legal nonconforming use. This means that the property met applicable zoning standards at the time of development, but does not meet current City zoning standards, predominantly because of high density and low parking availability. Typically this is not a prohibitive issue; however, the City of DeKalb’s Unified Development Ordinance (UDO) requires existing nonconforming uses to rebuild in conformance with the requirements identified in the UDO in the event of catastrophic loss. In other words, if the property were substantially destroyed, it would not be able to be rebuilt to the current density. The Chicago office of the United States Department of Housing and Urban Development, Illinois Housing Development Authority and potential investors in this transaction have indicated that the development must be brought into conformity with current zoning and allowed to rebuild as-is in the event of catastrophic loss for the financing of the transaction and subsequent rehabilitation to move forward. As such, Security Properties has submitted a packet similar to the University Plaza application that would rezone University Village from Multifamily Residential “MFR-2” to Planned Development Residential “PD-R” and to facilitate the substantial redevelopment of this property. In preparation for this rezoning application, internal staff meetings have been occurring to discuss the potential redevelopment. Conversations regarding density, security, parking, lighting, neighborhood amenities, property management, landscaping, fire, life safety issues and C-2 December 8, 2014 crimes has been vetted amongst the Development Review Team. The next steps of the City’s due diligence process involve sharing the plans with various community members and stakeholders. The first of these meetings occurred with residents of University Village. Getting feedback from the residents was crucial to understanding the potential impacts of redeveloping University Village. City staff met with approximately 75 residents on Saturday, November 15, 2014. In the coming weeks, City staff is going to work to develop a preliminary list of concerns, largely based on those issues identified in discussions with the residents, contract purchasers and City staff. Beyond the residents of University Village, the City would like to receive feedback from neighbors to the subject property to discuss the proposed development and assemble any questions that the neighboring property owners might provide. Lastly, City staff wants to have a meeting with DeKalb Area Rental Association (DARA) and other important stakeholders including the public to can come and learn about the redevelopment process and to gain a better understanding of the project. In order to utilize meeting space and work around the holiday season, City staff is recommending that a Special Planning and Zoning Commission (PZC) meeting occur on Wednesday, January 7, 2015, subject to the availability of Commission members. That would be a public meeting but not the public hearing. At that meeting, the City would invite residents, neighbors and DARA, and ask the developer to make a presentation regarding the full scope of the proposal, and engage in an interactive discussion. The City would not present staff recommendations or findings of fact at that time, but would ask for community feedback. After the informational meeting, staff would work with the developer to draft a Development Agreement that would in essence reflect the consensus reached on issues and provide direction regarding density, security, parking, lighting, neighborhood amenities, property management, landscaping, fire, life safety issues and crime through the agreement. Once a drafted agreement was in place the Planning and Zoning Commission would hold a public hearing to rezone University Village subject to the plans and terms identified in the Development Agreement. Ultimately the Planning and Zoning Commission would make a recommendation to the City Council for adoption of the rezoning and planned development ordinances and authorize approval of the terms of the agreement with Security Properties. City staff would propose to hold the public hearing before the PZC on February 11, 2015. Upon complete review and recommendation by the PZC, the redevelopment proposal would then go to the City Council for review and action. II. Background University Village, located at 722 North Annie Glidden Road, was originally constructed from 1968 to 1983 in three separate phases. Today the existing garden-style apartment community is owned by the Crane Family that also owns University Plaza. Security Properties out of Seattle, Washington has a contract to purchase University Village and plans to continue operating the development in a manner that has existed for decades. Given that 50 years have passed, many of C-2 December 8, 2014 the City’s codes and regulations have changed and the purchaser needs to rezone the property (much like University Plaza had to do) because the densities, fire suppression, parking counts, parking lot lighting, landscaping and number of units no longer complies with current code. The developer and the City had just begun discussing the project beyond the application submittal and a meeting between the two occurred on December 2, 2014 to discuss the project. III. Community Group/Interested Parties Contacted Meetings would be held with the residents of University Village (November 15, 2014 and January 7, 2015), neighboring property owners (January 7, 2015), DeKalb Area Rental Association (DARA) (January 7, 2015) and other community stakeholders prior to holding a public hearing (February 11, 2015) on the redevelopment proposal. IV. Legal Impact The City is required to comply with all applicable state and federal laws associated with the housing development and the rezoning process. Thus far, the applicant has voluntarily deferred public hearings on their rezoning proposal to allow adequate time to identify the primary public safety and social issues associated with the redevelopment process. V. Financial Impact An undetermined increase in property tax revenue may be realized if the buildings are redeveloped. VI. Options The City is obligated to consider the rezoning process at such time as the development is ready to proceed to public hearings. At this time, no action is necessary. VII. Recommendation Proceed with current investigations and community engagement and bring forward the most advantageous proposal for the public benefit. Return to COW Agenda