City Council

MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2015 The City Council of DeKalb, Illinois held a Regular Meeting on Monday, September 14, 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 6:46 p.m. A. ROLL CALL City Clerk Jennifer Jeep Johnson called the roll and the following members of the City Council were present: Alderman Dave Jacobson, Alderman Bill Finucane, Alderman Michael Marquardt, Alderman Bob Snow, Alderman Kate Noreiko, Alderman Dave Baker, Alderman Monica O’Leary, and Mayor John Rey. 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, Interim Public Works Director/City Engineer John Laskowski, Management Analyst Lauren Stott, Principal Planner Derek Hiland, and City Clerk Jennifer Jeep Johnson. B. PLEDGE OF ALLEGIANCE A Police Officer from the DeKalb Police Department led the Pledge of Allegiance C. APPROVAL OF AGENDA: ADDITIONS/DELETIONS Alderman Marquardt moved to approve the agenda; seconded by Alderman Finucane. Motion carried on a roll call vote of 8-0. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. D. PUBLIC HEARINGS There were none. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENT 1. Special Items a. Proudly DeKalb i. Officer Jaques presented a flag in thanks to Chief Lowery. Regular Meeting of City Council September 14, 2015 Page 2 of 18 ii. Police Department Annual Award Ceremony. Chief Lowery explained that these awards were in recognition of Officers’ extraordinary achievement and presented the awards in the following groups and categories: Property Crimes  Burglary in Progress at Lundeen’s Liquors. Honorees included Sergeant Lisa Miller, Detective Keith Ehrke and Officers Todd Wells, Jeffrey Weese, Tony Kwasniewski, Chris Sullivan, Marion Nonnenmann, and Tom Reilly. Chief Lowery provided background on the occurrence, highlighting the challenges posed by the inclement weather. He commended the group for demonstrating investigative skills and duty to their work, which resulted in the removal of two dangerous criminals from DeKalb’s streets. He also commended them on a job well done. Narcotics Related Offenses  Traffic Stop - Crack Cocaine Arrest. Honorees included Officers Kris Mecca, Sonny Streit, and Jason Goodwin. Chief Lowery provided background information on the routine traffic stop that resulted in a significant narcotics seizure of cannabis and cocaine. He commended the officers for their dedication to duty, proactive police work, and a job well done.  Warrant Attempt - Unlawful Possession and Delivery of Controlled Substances. Honorees included Officers Phil Brown and Kris Mecca. Chief Lowery provided background on the event that began with bike patrol attempting to serve a warrant, and transitioned into a drug investigation due to the dedication and sound investigating skills of the officers. He commended them on their commitment to duty, for setting standard to others to follow, and self-initiated policing.  Red Roof Inn - Methamphetamine and Cannabis Investigation. Honorees included Officers Mario Nonnenmann, Tony Kwasniewski, Jeff Weese, and Todd Wells. Chief Lowery provided background information on the event which led to the arrest of six felony drug offenders and commended the officers on a job well done.  Targeted Response Unit - Heroin Seizure. Honorees included Sergeant Steve Lekkas and Officers Tony Kwasniewski, Jeff Weese, Todd Wells, and Jessica Duchning. Chief Lowery  Regular Meeting of City Council September 14, 2015 Page 3 of 18 provided background information on the event, which culminated in a six kilo heroin seizure, the largest in DeKalb’s history. He commended the officers for a job well done. Weapons Offenses  Traffic Stop - Weapons Offense. Honorees included Officers Phil Brown, Keunte Mallet, and Kris Mecca. Chief Lowery provided background information on the event, stating that these officers are the first line in preventing a tragedy from happening. This occurrence happened on NIU’s move- in weekend and was initiated by a traffic stop for an un-restrained passenger, and led to the removal of a loaded weapon from our streets. He commended them for thorough policing and a job well done.  FightCall - Weapon Offense. Honorees included Officers Anthony Densberger, Geoff Guzinski, Keunte Mallet, and Phil Brown. Chief Lowery provided background information on the occurrence in which officers were called to respond to a fight, and led to the removal a loaded weapon from our streets. He commended them for a job well done.  Man with a Gun Call - Targeted Response Unit. Honorees included Sergeant Steve Lekkas, and Officers Todd Wells, Jeff Weese, and Tony Kwasniewski. Chief Lowery provided background on the event which had origins from outside our city, but led to the suspects seeking refuge in DeKalb. Due to the group’s efforts, two violent offenders were taken off of our streets. He commended them for a job well done.  Man with a Gun Call - Kimberly Drive. Honorees included Cpl. Scott Farrell and Officers Jared Burke, Steve Rodriguez, Chris Sullivan, and Raynaldo Hernandez. Chief Lowery provided background on the occurrence which culminated in a firearm recovered from a car after initiating a traffic stop. He offered commendation for a job well done, and representing DeKalb Police Department, and themselves in an exemplary manner.  Shots Fired Call - East Fairview Ave. Honorees included Corporal Scott Farrell and Officers Brian Bollow, Jordan Poulos, John Loechel, and Michael Cicchetti. Chief Lowery provided background on the occurrence which led to a dangerous armed man being taken into custody in under five minutes, preventing a greater tragedy from occurring. He commended the team for a job well done, and representing DeKalb Police Department and themselves in an exemplary manner. Regular Meeting of City Council September 14, 2015 Page 4 of 18 Violent Crimes  Cold Case - Unknown Subject Criminal Sexual Assault - Normal Road. Honoree was Detective Keith Ehrke. Chief Lowery provided background information on the cold case from 2012. Through extraordinary detective work, and unrelenting effort, a violent sexual predator was identified, arrested, and taken off our streets. He commended Detective Ehrke for a job well done, and extraordinary work ethic.  False Report of Hand to Hand Drug Deal – Regent Drive. Honoree Detective Paul Mott. Chief Lowery provided background on the event, which culminated in the arrest of four offenders charged with a variety of crimes, as well as the protection of an innocent person, falsely accused. He commended the detective for a job well done, and making sure the truth prevailed.  Aggravated Criminal Sexual Abuse - Huntley Middle School. Honoree Detective Mark Nachman. Police Chief Lowery provided background on the event, which led to 22 criminal charges being filed against a teacher’s aide. Chief Lowery commended Detective Nachman for dedication to duty, and unrelenting dedication to the victims.  Home Invasion and Criminal Sexual Assault - Haish Blvd. Honorees included Commander Robert Redel, Sergeant Steve Lekkas; Detectives Michael Stewart, Mark Nachman, Keith Ehrke, Paul Mott, Angel Reyes, Kelly Sullivan; Officers Rich Reynolds, Jeff Winters, Aaron Gates, Jeff Weese, Todd Wells, Tony Kwasniewski, and Habideen Olaniran. Chief Lowery provided background on the events, which culminated in the arrest of a violent offender, responsible for a heinous crime spree. He commended all for a job well done.  T-Mobile Armed Robbery. Honorees included Commanders John Petragallo, James McDougall, and Robert Redel; Sergeants Jon Costliow and Steve Lakkas; Officers Kenton Quist, Rich Reynolds, Burt Johnson, Anthony Densberger, Jared Burke, Jeffrey Ackland, Jose Jaques, Kris Mecca, Steve Rodriguez, Jason Watson, and Jeffery Weese; Detectives Angel Reyes, Michael Stewart, Mark Nachman, Kelly Sullivan, and Paul Mott; Telecommunicators Heide Clark and Geoffrey Wells. Chief Lowery provided background information on the event which led to two of three offenders, and a loaded weapon being detained within minutes. The third offender was apprehended shortly  Regular Meeting of City Council September 14, 2015 Page 5 of 18 thereafter, as well as two firearms. He credited the valuable flow of information amongst the team for the successful resolution of this case. All were commended for a job well done, and for removing three dangerous career criminals from the streets. He noted that DeKalb officers succeeded where other communities had failed. Life Savings  Apartment Evacuation Due to Fire – Crane Drive. Honorees included Sergeant James Haacker and Officers Keunte Mallett, Jonathon Jursich, and Jason Goodwin. Chief Lowery provided background information on the event that culminated in the rescue of two small children from a burning building, as well as the recovery of an unresponsive adult. The selfless acts of the officers were commended, as well as a job well done.  Patrol Rescue – South 7th Street. Honoree Police Officer Christopher Sullivan - Life Saving Award. Lori Ball, the victim’s fiancé, expressed her gratitude, and read the victim’s note extending thanks for allowing them to celebrate his 51st birthday. Chief Lowery provided background information on the event stating that Officer Sullivan happened upon an unresponsive driver, to which he administered lifesaving CPR before the victim was transported to the emergency room. Chief Lowery commended him for taking lifesaving action, and awarded the Life Saving Award. He noted that the Lucas device was utilized by the fire departments, whose efforts he commended as well. In closing, Chief Lowery mentioned the death of Dwight Mannus, a Deputy with McHenry County, who died from injuries sustained in line of duty; he asked that the family be added to prayers. 2. Presentations a. Yards of Distinction Awards: August 2015  Edward Harvey and Cynthia Capek – 2810 North First Street  Mark and Ellen Hein – 1311 Azalea Lane  Keith and Becky Tabone – 3 Inverness Court  Jeff and Susan Waddell – 12 Arrowhead Lane Mayor Rey read the recognitions for each respective property. 3. Approval of the Mayor’s Appointments Regular Meeting of City Council September 14, 2015 Page 6 of 18 MOTION Alderman Noreiko motioned to approve the Mayor’s appointments; seconded by Alderman O’Leary. Mayor Rey read the appointments. a. Appointment of Clare Kron to the Citizen’s Environmental Commission for a Term of Two Years from August 1, 2015 through June 30, 2017. b. Reappointment of Dan Kenney to the Citizen’s Environmental Commission for a Term of Two Years from August 1, 2015 through June 30, 2017. c. Reappointment of Kenneth Koch to the Citizen’s Environmental Commission for a Term of Two Years from August 1, 2015 through June 30, 2017. d. Reappointment of William Oleckno to the Citizen’s Environmental Commission for a Term of Two Years from August 1, 2015 through June 30, 2017. e. Reappointment of Sharon Skala to the Citizen’s Environmental Commission for a Term of Two Years from August 1, 2015 through June 30, 2017. f. Appointment of Veronica Garcia-Martinez to the DeKalb Public Library Board for a Term of Three Years from July 1, 2015 through June 30, 2018. VOTE Carried on a voice vote. Mayor Rey declared the motion passed. 4. Public Participation Bessie Chronopoulos thanked the Fire and Police Departments for keeping the City safe. She also expressed her hope that the City logo be applied to the website in a more prominent fashion. Regarding Resolution 2015-105 she stated that the path occurs in a flood plain and shouldn’t be passed without a complete agreement in place. She discussed several concerns with voting on the issue as well as that she has a problem with the Mayor having authority to make changes without Council approval. She also expressed her belief that the consent agenda is for routine items, not items that require further discussion. Lynn Fazekas stated her concern with consent agenda and conveyed that she felt discussion needed to ensue (per a prior case sited) in order to have a proper vote, including an explanation of the main components of the piece of legislation.  Regular Meeting of City Council September 14, 2015 Page 7 of 18 Steve Brown, Head Trustee of Emmanuel Lutheran Church, sought to remove Item F.3. from the consent agenda. F. CONSENT AGENDA – OMNIBUS VOTE MOTION Alderman Noreiko motioned to amend the consent agenda; seconded by Alderman Snow. Item F. 3. Resolution 2015-105 Authorizing an Agreement Relating to the Construction of a Multi-Use Path South of University Plaza removed from the Consent Agenda for further discussion. Mayor Rey noted some scrivener’s errors from the August 24, 2015 minutes, to be corrected. VOTE Motion carried on an 8-0 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. MOTION Alderman Finucane motioned to approve the items on the agenda, as amended; seconded by Alderman Marquardt. VOTE Motion carried on an 8-0 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes a. Minutes of the Committee of the Whole Meeting City Council Retreat on the Strategic Plan of August 20, 2015. 2. Receive and File a. Accounts Payable and Payroll through September 14, 2015 in the Amount of $2,214,970.46. b. Investment and Bank Balance Summary through July 2015. c. Year-to-Date Revenues and Expenditures for the General Fund through July 2015. 3. Resolution 2015-106 Authorizing an Agreement with Hanson Professional Services, Inc. in the Amount of $20,200 for Engineering and Construction Design Work at the DeKalb Taylor Municipal Airport for the Purpose of Rehabilitating Bituminous T-Hangar Pavements Phase II, Project DKB-4431. Regular Meeting of City Council September 14, 2015 Page 8 of 18 4. Resolution 2015-107 Authorizing a Cooperative Services Agreement with the United States Department of Agriculture for the Purpose of Conducting a Wildlife Hazard Assessment at the DeKalb-Taylor Municipal Airport in an Amount Not to Exceed $21,500. 5. Resolution 2015-108 Authorizing the Execution of a Workers’ Compensation Lump Sum Petition and Order (Rodger Neumann). 6. Resolution 2015-109 Authorizing the Execution of a Workers’ Compensation Lump Sum Petition and Order (Christopher Ziola). 7. Resolution 2015-110 Authorizing a Local Agency Agreement Relating to Funding of Certain Road Improvements (Annie Glidden Road Corridor). 8. Resolution 2015-111 Authorizing a Local Match in the Amount of $2,000 for a Highway Safety Improvement Program Grant for the Improvement by Municipality Under the Illinois Highway Code. 9. Award of a Bid in the Amount of $33,310 to Alliance Contractors, Inc. for the Peace Road Bridge Repair Project with Staff Authority to Approve Change Orders up to $35,000. 10. Award of a Bid in the Amount of $286,514 to Curran Contracting Company for 2015 Street Patching with Staff Authority to Approve Change Orders up to $300,000. Items listed above approved under the Consent Agenda. G. ITEMS FOR SEPARATE ACTION 1. Minutes of the Committee of the Whole Meeting of August 24, 2015; and Minutes of the City Council Meeting of August 24, 2015. Mayor Rey listed corrections to be made to the minutes. MOTION Alderman Snow motioned to approve the minutes; seconded by Alderman O’Leary. VOTE Motion carried on an 8-0 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 2. Resolution 2015-105 Authorizing an Agreement Relating to the Construction of a Multi-Use Path South of University Plaza.  Regular Meeting of City Council September 14, 2015 Page 9 of 18 MOTION Alderman Snow motioned to discuss Resolution 2015-105; seconded by Alderman Marquardt. Interim Public Works Director/City Engineer Laskowski provided background on the path, and the contributing factors weighed in deciding to improve it. He explained that the expedited process in terms of voting was intended to facilitate construction occurring this season. He clarified that the path was not in the flood plain. City Attorney Frieders contributed that the City first contemplated this construction during the summer of last year, having conversations with both Capstone and the Church, approving it last September. Alderman Noreiko inquired as to what discussions had taken place with the drainage district, to which Interim Public Works Director/City Engineer Laskowski replied that a meeting had been held, but that the conversation would continue. Alderman Baker gave a brief background on the path, and offered his opinion that to follow the natural path is smart. He offered that ample room to plow should be maintained. Alderman O’Leary inquired as to who owns the path, and it was clarified that Immanuel Lutheran Church is the property owner. Alderman Noreiko asked whether the agreement would come back before Council, if approved, and Interim Public Works Director/City Engineer Laskowski said he could present Council with a final agreement, but all three parties have to sign onto the agreement, and someone has to sign first, and thus doing so will give everyone confidence to proceed. Alderman Noreiko said she understood that the drainage district had been talked with, but wanted to know whether or not a signature from them had been acquired. City Attorney Frieders explained that while the City was cooperating with the drainage district as another unit of government, they don’t have any underlying interest in the property itself, rendering their signature unnecessary. Alderman O’Leary inquired as to why this issue was before Council if an agreement between the necessary parties hadn’t yet been reached. She asked whether a representative of Immanuel Lutheran was present. Bob Twombly from the drainage district asked to speak, stating that he, as representative of the drainage district, had not been informed or included in the Regular Meeting of City Council September 14, 2015 Page 10 of 18 meetings regarding this issue. He stated that he had only heard of the issue a month prior, and that both the flood plain and creek are under drainage district jurisdiction. He further asserted that neither the church nor plaza want the path renovation. He asserted his right to preempt the matter, and objected to the matter being voted on by the City. Alderman Snow asked Mr. Twombly to clarify whether, in his opinion, the path lay within the floodplain, to which Mr. Twombly replied, “Yes, it is.” He then asked Council to table the measure for further review, for at least one month. Steven Brown, Head Trustee of Immanuel Lutheran Church, asked Interim Public Works Director/City Engineer Laskowski to clarify the size and purpose of path, stating that it is currently a very informal pedestrian path. He expressed belief that anything heavier than people could collapse the drainage lines, and that attempts to close off the path for safety reasons have been thwarted. Pete Springmire with Immanuel Lutheran Church stated concerns with the path, including: 1) he expressed frustration with the City’s plans to include more lighting, when 10 years ago the City didn’t want lights in the parking lot; 2) that the agreement hadn’t gone to the church trustees or council, then to be voted upon internally, so he saw no reason to be before Council tonight; 3) he asserted that there is no reason for the City to put a sidewalk on private property; and 4) he asserted that there was no documentation to suggest that an easement had been granted to the City. He urged Council not to push this issue through. Alderman Finucane suggested a postponement on Resolution 2015-105 until staff is able to move toward an acceptable agreement. City Attorney Frieders reiterated that through several meetings, the City was under the impression that everyone supported this agreement, and stated that the appropriate parties had been met with. MOTION Alderman Finucane motioned to postpone the voting on Resolution 2015-105; seconded by Alderman O’Leary. VOTE Motion carried on an 8-0 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Mayor Rey declared the motion passed. 3. Ordinance 2015-038 Approving a Special Use Permit for a Co-Location of Verizon Wireless Cellular Communications Equipment on the AT&T Tower at 1500 South Seventh Street. (First Reading)  Regular Meeting of City Council September 14, 2015 Page 11 of 18 MOTION Alderman Finucane motioned to receive and file Ordinance 2015-038; seconded by Alderman Snow. Principal Planner Derek Hiland provided background for this special use permit, stating petitioners have been diligent in addressing the six requirements to be met prior to approval. He recommended granting approval. VOTE Motion carried on an 8-0 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Mayor Rey declared the motion passed. 5. Ordinance 2015-039 Approving a Map Amendment, Preliminary Plan and Final Plan Allowing Chipotle Mexican Grill Located at 2383 Sycamore Road to Have an Outdoor Patio. (First Reading) MOTION Alderman Jacobson motioned to receive and file Ordinance 2015-039; seconded by Alderman O’Leary. Principal Planner Derek Hiland explained the background for this issue, stating that Chipotle wanted an outdoor patio at its new location, similar to their DeKalb location. He recommended passing this Ordinance. VOTE Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Mayor Rey declared the motion passed. 6. Ordinance 2015-040 Amending Chapter 64 “Smoking Regulation”, Section 64.02 “Prohibition of Smoking in Enclosed Public Places” of the Municipal Code as it Pertains to the Prohibition of Smoking on Public Rights of Way (Streets) and Accompanying Sidewalks that Traverse or Touch the Property of Northern Illinois University, in Furtherance of the Illinois Smoke Free Campus Act. (First Reading) Attorney Dean Frieders explained the request from NIU to adopt a regulation within the rights of way. Karen Matz urged Council to adopt this ordinance to prevent loitering in her property. Misty Haji-Sheikh read a statement from Diane DeMers, who urged Council to vote against amending the ordinance granting NIU powers into residential neighborhoods. Regular Meeting of City Council September 14, 2015 Page 12 of 18 Misty Haji-Sheikh then spoke on her own behalf, also urging Council not to pass the ordinance, siting (among other reasons) that Preserve Our Neighborhoods had not been informed, and they were unable to secure a meeting with City Manager Gaura regarding this issue. Further discussion ensued amongst Alderman and representatives of NIU as to how different scenarios might be addressed, including how citations would be handled, and how private homeowners’ rights would be addressed. MOTION Alderman Baker motioned to postpone the vote on Ordinance 2015-040 for six months; seconded by Alderman Snow. VOTE Motion carried on a 7-1 roll call vote. Aye: Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Mayor Rey declared the motion passed. City Manager Anne Marie Gaura wished to correct the statement of Misty Haji- Sheik, saying that in fact, she had spoken with her on this issue. 7. Ordinance 2015-037 Approving a Planned Development Agreement and Implementing PD-R Zoning for Certain Property in the City of DeKalb (University Village). (Second Reading) City Attorney Dean Frieders provided background on the issue, stating that a complete rezoning was the issue at hand. Alderman Noreiko stated her appreciation of the the feedback she’s received, but some have been formed on misconceptions, which she addressed. She offered support, with the following recommendations: 1) that strong support be established with the Tenants Association and Security Properties, as well as Evergreen Management; and 2) that consideration be given a rental inspection ordinance to ensure ongoing maintenance is completed. She stated her belief that this sale will help move the City forward, but involves the support and interest of many people in DeKalb. Alderman Jacobson agreed with the sentiments of Alderman Noreiko, stating that an already difficult issue had been made more difficult. He expressed his support of the Tenants Association and his disapproval of HUD and their role in contributing to the deterioration of the property. He stated that he’d be voting “no” to prevent this from happening in the future. He expressed that he was conflicted on this issue; that he appreciates Security Properties, but that he needed to protect the interests of his ward. Mayor Rey refuted the assertion that HUD had not been at the table, stating that they had reached out to City staff in forming the agreement.  Regular Meeting of City Council September 14, 2015 Page 13 of 18 Alderman Baker expressed frustration that the Aldermen hadn’t been included in the conversations with HUD. Alderman Noreiko inquired as to whether the proposal contained a requirement that the new owner has to contact the City if they intend to amend their agreement with HUD. City Attorney Frieders replied that HUD had offered suggestions on ways of improving the agreement, including that they contact the City with any changes. Alderman O’Leary expressed her belief that Security Properties had improved property in Elgin, which is why she supports their efforts here. Jeff Hallgren, a former member of the Building Board of Appeals, stated his belief that the City should follow the recommendations of the Planning and Zoning Commission, or not have one at all. Jim Mason expressed his gratitude to the police and fire departments. He reiterated his previously stated desire for a “no” vote, and updated the public on the law suit he filed against the City, based on his belief that prior voting on this issue was conducted improperly. Michael Welsh encouraged Council to vote “no” on the issue, stating that it will send a message to HUD that they need to follow their own policies. Will Heinisch stated concern that state and municipal procedures had been violated throughout the process of University Village rezoning issue. He echoed previously stated beliefs that HUD hadn’t been following their own housing policies. He stated that voting for rezoning would be solving a short term solution, while creating long term problems. Aaron Reinke stated that Mr. Mason’s complaint is predicated upon being made within 24 hours, and requires that he owns 20% of the opposing frontage property; he states that since these requirements have not been met, making a 2/3 vote unnecessary. Will Heinisch interjected that to overturn a Planning and Zoning Commission vote, requires a 2/3 vote. Mac McIntyre said there are social issues that surround this vote, but encouraged Council to address the impact of the program DeKalb entered into 40 years ago. He stated several things he finds problematic with housing in DeKalb, and encouraged postponement until further investigation into the issues can be done. Joseph Mitchell stated that the racial overtones have been irresponsible, and disheartening, and that the only concern should be that which is in the best Regular Meeting of City Council September 14, 2015 Page 14 of 18 interest of the residents of University Village, who are residents of DeKalb. He highlighted the role that quality of life plays in improving communities, and encouraged a “yes” vote in the interest of University Village. Valarie Redmond conveyed her belief racist overtones have been prevalent throughout the whole process. She encouraged Council to reflect on whether their actions are going to contribute to the solution or the problem. Steve Kapitan expressed strong support for federal housing subsidies for the poor and disabled. He stated that University Village used to be a model for integration into the community. He conveyed his belief that the current project does not further the goal of integration as conveyed by HUD itself. He encouraged not pursuing the easy and expedient path, but rather doing things the proper way. Emily Coffey, attorney for the Tenants Association reminded Council of the affirmative duty to further fair housing throughout DeKalb, and stated that the Tenants Association will enter into memorandum of understanding with Security Properties. She encouraged a “yes” vote. Bessie Chronopoulos stated issues regarding University Village she feels need to be addressed, including: problems with HUD, purported bribery, and voting procedure. She also expressed her belief that bundling of items under the consent agenda should be unbundled, as well as other procedural concerns. She stated that she had contacted State Senators Kirk and Durbin to apprise them of the housing issue in DeKalb. She then posed a question to Attorney Reinke regarding why he didn’t contact the State’s Attorney directly, regarding the rumored bribery of an Alderman. Attorney Reinke responded that since it was a rumor with which he didn’t have firsthand knowledge, he did not file charges. Tiara Huggins stated that there has been a lot of distraction from the real issue of the upkeep of the property, and that Security Properties’ plan would help the community; that the residents would no longer feel isolated. She implored Council to vote with a conscious mind to what this proposal could bring to the residents. Nikki Cox thanked the City and staff for their hard work. She stated that the reality is that change is needed, and was confident that DeKalb will choose what is right. John Anderson expressed several issues he has with the vote, and expressed his belief that the vote shouldn’t be happening at all. He encouraged a “no” vote. Alderman Baker addressed his concerns with several aspects of the proposed re- zoning, including: 1) his belief that the owners are paying half the amount of real estate tax as other property owners; 2) that the park and school districts hadn’t been included in the discussion; and 3) his belief that there may have been  Regular Meeting of City Council September 14, 2015 Page 15 of 18 unethical dealings. He offered that there was no incentive for the current management to improve the property, and stated that a “yes” vote is going to doom the University Village residents, whereas a “no” vote would compel HUD to explain things. Alderman Jacobson expressed his belief that re-zoning would offer only short- term solutions and added that we need to have the courage to seek out the long term success of this project. The hope should be to be able to leave University Village which should serve as a path to prosperity, rather than despair. Alderman Noreiko commented that any inequity of real estate taxes is beyond the purview of the City and would need to be taken up with the assessor. Alderman O’Leary asked for someone from Security Properties to address the fear that they will abandon the property in 7 to 10 years. Security Properties commented on their history of affordable housing and success in turning around at-risk properties. They stated their minimum commitment would be 15 years and that there is no ability to exit out; there will be a partnership with local property management. Alderman Baker followed up that one of the reasons he’d like to see the process slowed down would be for reassessment of the property. He said it would be a shame to insulate the owners from not having to maintain the property to attract market rate renters. Brief discussion, initiated by Alderman Marquardt, followed, regarding a perceived dollar amount discrepancy between hard costs and working costs. Brief conversation ensured as to some of the terms of the rezoning, and explanation for why they exist, and how they could be changed. Alderman Marquardt inquired as so whether Security Properties had an alternative purchasing mechanism, should the vote not pass, to which Security Properties responded “no”. Alderman Jacobson asked him to clarify that conventional financing wouldn’t be enough to complete improvements. Security Properties said that was no way for a first mortgage standing that would cover the cost, without protection of zoning. Alderman Marquardt stated that the issue at hand was simply whether or not to rezone, reminding everyone that someone was looking to invest $15 million dollars into our community. Regular Meeting of City Council September 14, 2015 Page 16 of 18 Alderman Finucane stated that if an investor was looking to improve any other property, they’d be welcomed with open arms, and feels that misinformation and misconceptions surrounding this issue have been unfortunate. MOTION Alderman Marquardt motioned to approve Resolution 2015-037; seconded by Alderman O’Leary. VOTE Carried on a 5-3 roll call vote. Aye: Finucane, Marquardt, Noreiko, O’Leary, Rey. Nay: Jacobson, Snow, Baker. Mayor Rey declared the motion passed. 8. Ordinance 2015-041 Amending the FY2016 Budget, Authorizing Acceptance of the Assistance to Firefighters Grant Award, Waiving the Formal Bidding Process for the Purchase of a Mobile Training Tower, and Authorizing the Purchase of a Mobile Training Tower. (Passage on First Reading, Waiver of Second Reading) Chief Hicks explained that a grant was awarded for the purposes of a mobile training tower, which is time sensitive. He explained that several things need to happen in order to move forward with the grant. It was explained that the department does not currently have a training facility, and background was provided on what the training tower would provide, and how it would enhance the department. City Attorney Frieders used Ordinance 2015-041 as an example of a time when all of the components are linked together in such a way that unbundling them would be nonsensical, addressing an earlier comment that ordinances shouldn’t be bundled together. Alderman Snow stated this belief that purchase of the training tower was a great idea. MOTION Alderman Marquardt moved to consider Ordinance 2015-041; seconded by Alderman O’Leary. VOTE Carried on a 7-0 roll call vote. Aye: Finucane, Marquardt, Snow, Noreiko, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. MOTION Alderman Snow motioned to waive second reading of Ordinance 2015-041; seconded by Alderman O’Leary  Regular Meeting of City Council September 14, 2015 Page 17 of 18 VOTE Carried on a 7-0 roll call vote. Aye: Finucane, Marquardt, Snow, Noreiko, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 9. Ordinance 2015-042 Authorizing a Waiver of Engineering Plan Review and Inspection Fees Contemplated by Chapter 9 “Establishment of Fees”, Section 9.05 “Engineering Plan Review and Inspection Fees”, for the 3M Expansion Project Located at 1650 Macom Drive. (Passage on First Reading, Waiver of Second Reading) Community Development Director Divita explained there was precedent for such a request; she further provided background leading up to the request, explaining the reason for it. She explained that this would be of no cost to the City. Alderman O’Leary inquired as to why they were seeking to waive second reading, with Community Development Director Divita explaining that they were merely trying to ensure that they wouldn’t end up having to pay for the same service twice. MOTION Alderman Noreiko moved to consider Ordinance 2015-042; seconded by Alderman Finucane. VOTE Carried on a 7-0 roll call vote. Aye: Finucane, Marquardt, Snow, Noreiko, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. MOTION Alderman Finucane motioned to waive second reading of Ordinance 2015-042; seconded by Alderman Marquardt. VOTE Carried on a 7-0 roll call vote. Aye: Finucane, Marquardt, Snow, Noreiko, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. H. NEW OR UNFINISHED BUSINESS I. REPORTS – COMMUNICATIONS Alderman Noreiko thanked staff for their time and effort. Mayor Rey reminded everyone that the IML conference is this weekend. City Manager Gaura offered that in the interest of time, no staff would be offering reports, and that we would be foregoing executive session. Regular Meeting of City Council September 14, 2015 Page 18 of 18 City Attorney Dean Frieders offered no report. City Clerk Jennifer Jeep Johnson offered no report. K. ADJOURNMENT MOTION Alderman Finucane motioned to adjourn; seconded by Alderman Jacobson. VOTE Carried on an 8-0 voice vote. Mayor Rey declared the meeting adjourned at 11:29 p.m. ___________________________________________ JENNIFER JEEP JOHNSON, City Clerk Approved by Council: October 12, 2015