City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB FEBRUARY 23, 2015 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, February 23, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 5:07 p.m. A. ROLL CALL City Clerk Marcia Sweigert called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, and Mayor John Rey. Absent at roll call: Alderman David Baker and Alderman Monica O’Leary. Alderman Naylor was not present having previously stated he would be unable to attend this meeting. Also present were: City Manager Anne Marie Gaura, Assistant City Manager Patty Hoppenstedt, City Attorney Dean Frieders, Finance Director Cathy Haley, Police Chief Gene Lowery, Fire Chief Eric Hicks, Community Development Director Ellen Divita, and Public Works Director T.J. Moore. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA None. C. CONSIDERATIONS None. D. RECESS FOR EXECUTIVE SESSION MOTION Alderman Finucane moved to recess for Executive Session to discuss the following items, seconded by Alderman Snow: 1. Personnel as provided for in 5 ILCS 120/2(c)(1). 2. Collective Bargaining as provided for in 5 ILCS 120/2(c)(2). Committee of the Whole Meeting February 23, 2015 Page 2 of 2 VOTE Motion carried on a 5-0 roll call vote. Aye: Alderman Jacobson, Alderman Finucane, Alderman Lash, Alderman Snow, and Mayor Rey. Absent: Alderman Naylor, Alderman Baker, and Alderman O’Leary. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public at 5:10 p.m. Alderman Baker arrived to the meeting at 5:11 p.m. Alderman O’Leary arrived to the meeting at 6:04 p.m. Mayor Rey opened the meeting to the public at 6:17 p.m. D. ADJOURNMENT MOTION Alderman Finucane moved to adjourn the meeting, seconded by Alderman Snow. Motion carried on a 7-0 voice vote. Mayor Rey declared the meeting adjourned at 6:18 p.m. ______________________________________ MARCIA E. SWEIGERT, City Clerk Approved by City Council Date: March 23, 2015  MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING FEBRUARY 23, 2015 The City Council of DeKalb, Illinois held a Regular Meeting on February 23, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:19 p.m. A. ROLL CALL City Clerk Marcia Sweigert called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman David Baker, Alderman Monica O’Leary and Mayor John Rey. The following member of City Council was (scheduled to be) absent at roll call: Alderman Ron Naylor. Also present were City Manager Anne Marie Gaura, Assistant City Manager Patty Hoppenstedt, City Attorney Dean Frieders, Finance Director Cathy Haley, Police Chief Gene Lowery, Fire Chief Eric Hicks, Community Development Director Ellen Divita, Public Works Director T.J. Moore, City Engineer John Laskowski, Principal Planner Derek Hiland, Community Services Planner Jamie Smirz, Management Analyst Lauren Stott, and City Clerk Marcia Sweigert. B. PLEDGE OF ALLEGIANCE Officer Angel Reyes led the Pledge of Allegiance to the Flag. C. APPROVAL OF THE AGENDA – ADDITIONS / DELETIONS MOTION Alderman Snow moved to approve the Agenda; seconded by Alderman O’Leary. VOTE Motion carried on a roll call vote of 7-0. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, and Rey. Absent: Naylor. Mayor Rey declared the motion passed. D. PUBLIC HEARINGS Mayor Rey stated there would be no public hearing. City Council Regular Meeting February 23, 2015 Page 2 of 9 E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items a. Proclamation: Engineer’s Week, February 22 – 28, 2015. Mayor Rey read the Proclamation and presented it to City Engineer John Laskowski. 2. Presentations a. “Saved by the Seatbelt” Awards Ceremony Police Chief Lowery provided the background of a recent automobile accident that occurred on Peace Road involving two vehicles. Chief Lowery reported that all individuals involved in the accident were saved from serious injuries and possible fatalities by wearing seatbelts and securing their children in child safety seats. Chief Lowery stated that the Illinois Department of Transportation (IDOT) recognizes individuals who wear seatbelts and survive accidents. Police Officer Elizabeth Fabro, acting officer at the scene of the accident, presented John and Julie Morreale with “Saved by the Seatbelt” certificates from IDOT. Two other individuals involved in the accident, Bentley Swanson and Derek Swanson, were unable to attend the Council meeting to receive their certificates. 3. Approval of the Mayor’s Appointments There were none. 4. Citizens Comments Citizen Kay Shelton announced that all DeKalb citizens were invited to a Candidate’s Forum on March 19, 2015 at 6:30 p.m. in the Council Chambers for an opportunity for citizens to ask real questions of the candidates running in the April, 2015 election. She stated that this forum was the best way to discover more information about the candidates. F. CONSENT AGENDA – OMNIBUS VOTE Alderman Lash asked to remove item F.3. MOTION Alderman Lash motioned to approve the Consent Agenda as amended; seconded by Alderman O’Leary. Mayor Rey moved to vote. There was a discussion between Alderman Jacobson and City Manager Gaura regarding Human Services quarterly reports.  City Council Regular Meeting February 23, 2015 Page 3 of 9 1. Approval of City Council Minutes There were none. 2. Receive & File a. Accounts Payable & Payroll through February 23, 2015 in the Amount of $2,137,594.14. Received and filed under the Consent Agenda by Omnibus vote. b. Fiscal Year-End June 30, 2015 Mid-Year Budget Review. Received and filed under the Consent Agenda by Omnibus vote. c. Human Services Funding Second Quarter Report. Received and filed under the Consent Agenda by Omnibus vote. 3. Ordinance 2015-014 Amending Chapter 6 “Trees”, Section 6.20 “Trees and Shrubs on Public and Private Property”. (First Reading) Mayor Rey read Ordinance 2015-014 by title only. MOTION Alderman Lash moved to receive and file Ordinance 2015-014, seconded by Alderman O’Leary. Alderman Lash stated that she had received citizen concerns regarding clear cutting similar to what occurred about two years ago on the trail that was part of the park district property and asked if the changes to the ordinance protect trees and shrubs. Public Works Director Moore stated this ordinance was in regard to a Tree City USA application and stated that what Alderman Lash was describing is a tree protection ordinance, which is different from the ordinance being presented. Public Works Director Moore stated that the City can look into the citizen’s concerns and suggested they contact him. Alderman Lash asked if there was a tree protection ordinance concept. Public Works Director Moore said there was and stated that Council had previously expressed that the current ordinance is sufficient for parkway and right of ways. VOTE City Council Regular Meeting February 23, 2015 Page 4 of 9 Motion to receive and file Ordinance 2015-014 as presented carried on 7-0 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, and Rey. Absent: Naylor. Mayor Rey declared the motion passed. 4. Resolution 2015-012 Approving an Extension of the Voluntary Action Committee (VAC) Funding Agreement through September 30, 2016. Passed under the Consent Agenda by Omnibus vote. G. ITEMS FOR SEPARATE ACTION 1. Ordinance 2015-008 Adding Section 5.16 to the Municipal Code Relating to Fire Safety Inspections of Commercial Buildings. (Second Reading) Mayor Rey read Ordinance 2015-008 by title only. MOTION Alderman Lash moved to receive and file Ordinance 2015-008 on the second reading; seconded by Alderman Snow. Will Heinisch, FOCUS representative, detailed his concerns regarding the amended ordinance. He wanted to clarify the definition of “building” so that the ordinance states “commercial building” and not just “building”. He also thought that, as it pertains to the third party inspection, ISO certification should automatically be accepted by the City. Finally, he had an issue with the compliance agreement. He stated that “Compliance” should be replaced with “building condition”. Mayor Rey asked for discussion. Alderman Baker asked City Attorney Frieders if the items just mentioned had been incorporated into the ordinance. City Attorney Frieders said that changes had not been pursued due to Council’s direction at the last meeting. He stated that the language of the ordinance indicates that it pertains to commercial buildings. He also said that ISO inspections need to be approved by the Fire Chief and that FOCUS was originally okay with that. He said that the ordinance still reflects staff recommendations. Alderman Baker suggested staff meet with Will Heinisch and Mike Coghlan again to discuss the requested changes to the ordinance. City Manager Gaura said that staff will gladly meet with the representatives of FOCUS but she doesn’t think this will change staff’s recommendation because this issue has already been discussed. She recommended that Council follow the advice of the City Attorney in order to avoid a lawsuit. MOTION  City Council Regular Meeting February 23, 2015 Page 5 of 9 Alderman Baker moved to postpone the approval of the ordinance in order to further review the amendments, seconded by Alderman O’Leary. City Attorney Frieders indicated that further meetings could be scheduled but that he saw no real issues with the amended ordinance. Alderman Baker wanted to have additional meetings to finalize the amendments of the ordinance prior to a new Council being seated. VOTE Motion defeated by a roll call vote of 3-4. Aye: Jacobson, Baker, O’Leary. Nay: Finucane, Lash, Snow, Rey. Absent: Naylor. Mayor Rey declared the motion defeated. Alderman Snow stated that they will never agree 100% on the ordinance and thinks that the City should approve ISO inspections. Alderman Lash agreed with Alderman Snow and stated she thinks it’s time to pass the amended ordinance. Mayor Rey asked City Manager Gaura to confirm that monthly meetings are scheduled with stakeholder groups. City Manager Gaura confirmed they were. MOTION Alderman Lash moved to pass Ordinance 2015-008, Adding Section 5.16; seconded by Alderman Snow. VOTE Motion carried by a roll call vote of 4-3. Aye: Finucane. Lash, Snow and Rey. Nay: Jacobson, Baker and O’Leary. Absent: Naylor. Mayor Rey declared the motion passed. 2. Resolution 2015-013 Authorizing the Execution of a Side Letter with AFSCME Council 31. Mayor Rey read Resolution 2015-013 by title only. MOTION Alderman Lash moved to pass Resolution 2015-013; seconded by Alderman Finucane. There was no discussion regarding this item. VOTE City Council Regular Meeting February 23, 2015 Page 6 of 9 Motion carried on a 7 – 0 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary and Rey. Absent: Naylor. Mayor Rey declared the motion passed. H. NEW OR UNFINISHED BUSINESS 1. Review of the Community Development Block Grant (CDBG) Draft Five-Year Consolidated Plan and Annual Action Plan/Budget. Community Services Coordinator Jamie Smirz presented the plan and stated that HUD sets projections the City has to meet. The City is anticipating receipt of $395,000 that will fund public facilities and human services. Today is the deadline for social service funding. There will be a public hearing on March 9, 2015 before moving to the next step. 2. Projects List. Management Analyst Stott gave an overview and timeline for each City project, plan and study listed and their potential for FY2016. Management Analyst Stott referred to the following projects: the Strategic Plan, the Pay and Compensation Study being completed by Sikich, the Airport Governance Study, the Comprehensive Water System Plan, the Street Maintenance Program, the Community Five-Year Development Plan, the DeKalb Housing Study, the Comprehensive Plan Update regarding land use and grants, the TIF Phase Out Plan, and the Neighborhood Plan near NIU. Mayor Rey thanked Management Analyst Stott, City Manager Gaura and other City staff for preparing this report. 3. Chapter 23 “Unified Development Ordinance (UDO)”, Article 7 “Supplemental District Regulations”. Principal Planner Derek Hiland explained there were four sections of the unified development ordinance and presented the revised map with three buffer boundaries. Alderman Jacobson asked if the medical marijuana dispensaries a mirror state law. Principal Planner Hiland stated that the 1,000 and 2,500 foot buffers are identical to state law. The remainder reflect the planning and zoning commission’s additions to state regulations. Alderman Jacobson asked what the thought process was regarding the hours of operation. Principal Planner Hiland said that the hours of 8 a.m. to 6 p.m. would accommodate the needs of those with prescriptions for medical cannabis. Security was part of the discussion. Alderman Jacobson said that these prescriptions were for people with serious medical conditions. We shouldn’t restrict access in the evening hours. We don’t do that with pharmacies.  City Council Regular Meeting February 23, 2015 Page 7 of 9 Alderman Jacobson asked what the cost was for a special use permit. Principal Planner Hiland said that the special use permit requires a $500 application fee that is non-refundable. The item is then put before the Planning and Zoning Commission and Council. Alderman Jacobson asked why the City is charging $500 for people to just ask the questions and thinks it’s business unfriendly. The City should welcome businesses that will provide tax revenue and provide services. Mayor Rey asked Principal Planner Hiland if questions can be asked before the $500 fee is paid. Principal Planner explained there is a conversation that occurs before filing for the special use permit. The City talks with the business owners about challenges with codes and the ways to work with that. Alderman Lash said she is okay with the setbacks but asked why the City is restricting hours. She also stated that the City should look at the special use permit fees and asked if fees could be made refundable if it gets voted down. City Attorney Frieders said this ordinance represents the recommendations of the Planning and Zoning Commission. There are state statutes regarding set back and licensure and who can be sold to. He acknowledged there are some things that Council would want to be able to approve and that the Planning and Zoning Commission wants the Council’s feedback in order to adjust the ordinance. The Planning and Zoning Commission does have its reasons for their recommendations and they can share those with Council. Alderman Jacobson suggested joint meetings with the Planning and Zoning Commission. Alderman Baker said he thought that was not allowed. City Manager Gaura said that Council has several options. They could meet one on one with Principal Planner Hiland, they could send an email to Principal Planner Hiland outlining their concerns, or they could schedule a joint meeting with the Planning and Zoning Commission. Alderman Lash said she would like some combination of that. City Manager Gaura said that if Council is looking at a joint meeting, it should be a separate meeting due to the sizeable and significant projects. She suggested the Council let Principal Planner Hiland know what their concerns were prior to the meeting. Mayor Rey said that makes sense and Alderman Jacobson stated he wants to hear the planners’ point of view. Alderman Lash asked if any of these changes were time-sensitive. City Attorney Frieders said there is not a time issue as the City is already in compliance on medical cannabis. City Council Regular Meeting February 23, 2015 Page 8 of 9 City Manager Gaura said that if a joint meeting is held in March, there are two meetings of the Planning and Zoning Commission in April. If there is no direction from Council in April, then it will go into May with new candidates. However, candidates could be invited to hear the discussion. There was some discussion regarding scheduling a meeting. City Manager Gaura said that a separate meeting could be scheduled on a date when all are available. Mayor Rey acknowledged this. I. REPORTS – COMMUNICATIONS Alderman Jacobson had no report. Alderman Finucane congratulated Aleah Leman, state gymnastics champion. Alderman Lash had no report. Alderman Baker had no report. Alderman Snow had no report. Alderman O’Leary had no report. Mayor Rey had no report. City Manager Gaura commented that she is a resident of DeKalb. City Attorney Frieders had no report. Assistant City Manager Hoppenstedt had no report. Finance Director Haley had no report. Police Chief Lowery had no report. Fire Chief Hicks had no report. Community Development Director Divita spoke regarding Planning and Zoning Commission meetings. She said there were workshops in February for Oak Crest. She further stated that Oak Crest is looking to expand and it will be a nice project for the City. Community Development Director Divita also stated that Greenwood Acres will be developed and aimed at senior housing. There was a business coordination meeting last Friday with good discussion on marketing. Public Works Director Moore had no report.  City Council Regular Meeting February 23, 2015 Page 9 of 9 J. RECESS FOR EXECUTIVE SESSION MOTION Alderman Jacobson motioned to move to Executive Session, seconded by Alderman Snow in order to discuss: 1. Personnel as Provided for in 5 ILCS 120/2(c)(1). 2. Collective Bargaining as Provided for in 5 ILCS 120/2(c)(2). 3. Pending or Imminent Litigation as Provided for by 5 ILCS 120/2(c)(11). 4. Executive Session Minutes as Provided for in 5 ILCS 120/2(c)(21). VOTE Motion was carried on a roll call vote of 7-0. 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 7:53 p.m. Mayor Rey opened the meeting to the public at 9:00 p.m. K. ADJOURNMENT MOTION Alderman Jacobson moved to adjourn the meeting, seconded by Alderman Finucane. Motion carried by voice vote. Mayor Rey declared the meeting adjourned at 9:01 p.m. ____________________________________ MARCIA E. SWEIGERT, City Clerk Approved by City Council Date: March 23, 2015