City Council

MINUTES CITY OF DEKALB REGULAR MEETING OF CITY COUNCIL SEPTEMBER 24, 2018 The City Council of DeKalb, Illinois, held a Regular meeting on September 24, 2018, in the City Council Chambers of the DeKalb Municipal Building, located at 200 S. Fourth Street, DeKalb, Illinois. Mayor Smith called the meeting to order at 6:00 p.m. A. ROLL CALL City Clerk Fazekas called the roll, and the following members of the City Council were present: Alderman Dave Jacobson, Alderman Bill Finucane, Alderman Mike Marquardt, Alderman Patrick Fagan, Alderman Kate Noreiko, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Jerry Smith. Also present were: Interim City Manager Molly Talkington, Interim Assistant City Manager Raymond Munch, City Attorney Dean Frieders, Police Chief Gene Lowery, Fire Chief Eric Hicks, Community Development Director Jo Ellen Charlton, Public Works Director Tim Holdeman, Information Technology Director Marc Thorson, Principal Planner Dan Olson, Police Commander Bob Redel, Transit Manager Marcus Cox, Management Intern Walker Steinke, and City Clerk Lynn Fazekas. B. PLEDGE OF ALLEGIANCE Police Officer on Duty Kelly Sullivan led the Pledge. C. APPROVAL OF THE AGENDA - ADDITIONS / DELETIONS MOTION Alderman Noreiko moved to approve the agenda. Alderman Faivre seconded. VOTE The agenda was approved on an 8-0 roll call vote. Aye: Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Jacobson, Smith. Nay: none. D. PUBLIC HEARINGS There were none. Regular Meeting Minutes September 24, 2018 Page 2 of 12 E. SPECIAL ITEMS OR PRESENTATIONS AND CITIZEN'S COMMENTS 1. Special Items a. Proudly DeKalb  DeKalb Corn Classic 10K. Cohen Barnes reported on the success of the Corn Classic 10K race of the previous weekend. Scott Zeimet of Sunrise Rotary likewise reported on the popularity of Taste of DeKalb during the same weekend.  Annie Glidden North (AGN) Revitalization Plan Task Force Update. Alderman Finucane, liaison of the AGN, announced the dates of upcoming Task Force meetings and community input. 2. Presentations a. Proclamation: Illinois Department of Human Rights “Fairness and Equality Campaign”. Mayor Smith presented this proclamation to Management Intern Steinke. b. Proclamation: Fire Prevention Week, October 7-13, 2018. Mayor Smith read the proclamation and presented it to Fire Chief Hicks. Chief Hicks said there are smoke detectors available at the Fire Station, so nobody should go without. c. Proclamation: National Community Planning Month, October 2018. Mayor Smith read the proclamation and presented it to Principal Planner Olson. d. RAMP FY2018 Human Services Funding Annual Report by DeKalb County RAMP Manager Katie Lee. Ms. Lee provided an overview of RAMP services, including its Center for Independent Living that serves clients of all ages and the families that support them. RAMP is now helping high school students with jobs skills training, and some of them have gotten jobs. e. Egyptian Theatre Annual Presentation by Executive Director Alex Nerad.  Regular Meeting Minutes September 24, 2018 Page 3 of 12 Mr. Nerad provided highlights of the latest annual report from Preservation of the Egyptian Theatre and announced upcoming events. 3. Approval of Mayor Smith's Appointments There were none. 4. Public Participation Dewayne Brown made an appeal for people to vote. He cited unsustainable pension costs, low bond ratings, workers’ comp reform, and other local and state issues as reasons to vote. John Pappas shared his experiences with Tax Increment Financing (TIF) and the sales and property taxes generated from the properties he has improved. When TIF is used properly, he said, everybody benefits, and he expressed confidence that this administration will use it properly. Mayor Smith read a public comment from Derek Van Buer that concerned problems he observed with the planning and execution of the Corn Classic 10K race. F. CONSENT AGENDA – OMNIBUS VOTE MOTION Alderman Verbic moved to approve the consent agenda. Alderman Finucane seconded. Mayor Smith read the title of each item on the Consent Agenda. 1. Approval of City Council Minutes a. Minutes of the Committee of the Whole Meeting of August 27, 2018. b. Minutes of the Regular City Council Meeting of August 27, 2018. 2. Receive & File a. Accounts Payable and Payroll through September 24, 2018, in the Amount of $3,705,240.83. b. Investment and Bank Balance Summary through July 2018. c. Year-to-Date Revenues and Expenditures for the General Fund and Water Fund through July 2018. Regular Meeting Minutes September 24, 2018 Page 4 of 12 3. Resolution 2018-128 Authorizing City of DeKalb User Roles for all Federal and State Transportation Grants. VOTE Motion carried on an 8-0 roll call vote. Aye: Marquardt, Fagan, Noreiko, Verbic, Faivre, Jacobson, Finucane, Smith. Nay: none. G. ITEMS FOR SEPARATE ACTION 1. Ordinance 2018-047 Authorizing a Zoning Map Amendment From the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District, and Approval of a Planned Development Plan for a Home2 Suites by Hilton Hotel (Northern Illinois Hotels, LLC) (Southwest Corner of Knolls Avenue South and South Annie Glidden Road). (Second Reading) Mayor Smith read the Ordinance by title only. MOTION Alderman Finucane moved to approve the Ordinance. Alderman Noreiko seconded. Philip Simpson said he and his neighborhood do not see any positives to having the new hotel there. He wants it to go someplace else. He said he talked about putting up a stoplight when the first hotel went up. Bessie Chronopoulos argued to keep the zoning as light commercial as it was when homeowners moved in. She brought up parking issues. She said she wants to see a market analysis that supports the need, and that the project only benefits a handful of people. Steve Brown talked about parked cars, kids, and deer. He said we must not ignore the dangers from the trucks and construction. He also commented about building in the floodplain, where he said he’s seen “100-year floods” three times. Pramit Patel, the applicant, said he was surprised at the lack of hotels in DeKalb; local corporations are expanding, and the city now loses that business to neighboring communities. He said zoning of light commercial would allow a hotel, and a 45-foot building, but that the proposed zoning change would give the city more control over the development. He showed examples of hotels like it in other communities and near residences. Max Maxwell, a member of the Planning and Zoning Commission and resident of the Knolls neighborhood, said he voted to approve the proposal. He has since walked the property and sat in eight different locations there and has changed his mind about it. He  Regular Meeting Minutes September 24, 2018 Page 5 of 12 expressed concerns about the burden on the neighborhood and said that, while he welcomes the development and Mr. Patel, the hotel belongs in a different location. Alderman Verbic noted that the Sixth Ward has a disused motel property. He asked for council to introduce more binding language for what happens if they lose the franchise. Alderman Faivre was originally in favor but is now concerned about access. He would like access from Annie Glidden instead of Knolls Avenue South. Principal Planner Olson said engineers have determined that that option would be unsafe and would run counter to city policies. Alderman Marquardt said he sees this as an economic engine and good for property taxes. He said he understands concern, but nothing would satisfy everybody, and he sees it as a benefit overall. Alderman Noreiko said she read the comments understands the concerns. She said she supports the greater good, and the city’s in a financial position that it can’t afford to say no. VOTE Motion passed on a 5-3 roll call vote. Aye: Fagan, Noreiko, Finucane, Marquardt, Smith. Nay: Verbic, Faivre, Jacobson. 2. Ordinance 2018-049 Authorizing a Fire Suppression System Agreement with Red Door, LLC to Provide a Loan from the Water Fund for the Installation of Greek Sprinklers at 924 Greenbrier Road, and Amending the Fiscal Year-End December 31, 2018 (FY2018) Budget. (First Reading) Mayor Smith read the Ordinance by title only. MOTION Alderman Faivre moved to approve the Ordinance, seconded by Alderman Noreiko. Jo Ellen Charlton presented details of the proposed loan program agreement. Alderman Fagan asked about the Special Service Area (SSA). Attorney Frieders said a condition of the loan agreement is to accept the SSA and furthermore this is binding on the successor. Alderman Verbic said he has changed his mind about his previous opposition and now supports the move. Mayor Smith confirmed that Alderman Jacobson was recusing himself from the vote. Regular Meeting Minutes September 24, 2018 Page 6 of 12 VOTE The motion passed on a 7-0-1 on roll call vote. Aye: Noreiko, Verbic, Faivre, Finucane, Marquardt, Fagan, Smith. Nay: none. Absent: Jacobson (recusal). Mayor Smith declared the motion passed. MOTION Alderman Fagan moved to waive Second Reading and approve the Ordinance. Alderman Verbic seconded the motion. VOTE Motion carried 7-0-1 on roll call. Aye: Verbic, Faivre, Finucane, Marquardt, Fagan, Noreiko, Smith. Nay: none. Absent: Jacobson (recusal). Mayor Smith declared the motion passed. 3. Ordinance 2018-050 Amending Chapter 32 “Business Regulations” as it Pertains to Pawnbrokers within the City of DeKalb. (First Reading) Mayor Smith read the Ordinance by title only. MOTION Alderman Marquardt moved to approve the Ordinance. Alderman Fagan seconded. Attorney Frieders explained that the ordinance would follow state rules when it comes to pawnbrokers charging loan interest and monthly storage fees and disclosing these costs to customers. Police Commander Redel explained some of the recordkeeping regulations under the proposed ordinance, including online transactions reporting, that could help law enforcement identify stolen merchandise. VOTE Ordinance approved on an 8-0 roll call vote. Aye: Faivre, Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Smith. Nay: none. MOTION Alderman Finucane moved to waive Second Reading and pass the Ordinance. Alderman Fagan seconded. VOTE  Regular Meeting Minutes September 24, 2018 Page 7 of 12 Motion was approved on an 8-0 on roll call vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: none. Mayor Smith declared the motion passed. 4. Ordinance 2018-051 Authorizing a Zoning Map Amendment from the “GC” General Commercial District to the “PD-C” Planned Development - Commercial District for 1786-1792 Sycamore Road (Dave Franzene). (First Reading) Mayor Smith read the Ordinance by title only. MOTION Alderman Verbic moved to pass the Ordinance. Alderman Marquardt seconded. Principal Planner Olson described the proposed future uses of the property, which includes video gaming as well as a pawn shop. He noted that public comment has been in support of the proposal, and that the Planning and Zoning Commission approved it unanimously. VOTE Motion was approved on an 8-0 roll call vote. Aye: Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Jacobson, Smith. Nay: none. Mayor Smith declared the motion passed. MOTION Alderman Fagan moved to waive Second Reading and approve the Ordinance. Alderman Finucane seconded. VOTE Motion was approved on an 8-0 roll call vote. Aye: Marquardt, Fagan, Noreiko, Verbic, Faivre, Jacobson, Finucane, Smith. Nay: none. Mayor Smith declared the motion passed. 5. Omnibus Approval of Ordinances 2018-052 through 2018-061, Proposing the Establishment of Backup Special Service Areas (SSAs) in the City of DeKalb, Illinois, for Fatty's and Culvers, Popeye’s, University Village, University Plaza, First Rockford Nelson, Casey’s, Cornerstone, Sonic, Bandit’s Castle, and 1114 Blackhawk Road. (First Reading) Mayor Smith read the omnibus package of Ordinances by title only. MOTION Alderman Verbic moved to approve the Ordinances. Alderman Faivre seconded. Regular Meeting Minutes September 24, 2018 Page 8 of 12 City Attorney Frieders explained how these backup SSAs would be dormant unless a property owner fails in maintenance, at which time the City would activate the SSA. Activation would allow the City access to the property for maintenance purposes and to recoup the expense via tax levy. VOTE Motion was approved on an 8-0 roll call vote. Aye: Fagan, Noreiko, Verbic, Faivre, Jacobson, Finucane, Marquardt, Smith. Nay: none. Mayor Smith declared the motion passed. MOTION Alderman Verbic moved to waive Second Reading and pass the Ordinances. Alderman Finucane seconded. VOTE Motion was approved by a 7-0-1 roll call vote. Aye: Noreiko, Verbic, Faivre, Jacobson, Finucane, Marquardt, Smith. Nay: none. Absent: Fagan. Mayor Smith declared the motion passed. 6. Resolution 2018-129 Conditionally Approving an Intergovernmental Agreement with DeKalb County Pertaining to Sales Tax Sharing. Mayor Smith read the Resolution by title only. MOTION Alderman Jacobson moved to approve the Resolution. Alderman Noreiko seconded. City Attorney Frieders provided details of the proposal. Staff are asking for approval conditioned upon another deal with the county involving radios and a radio dispatch platform, though it looks like the parties fundamentally agree. There would be a 60-day window for conditions to be met. Alderman Noreiko asked Alderman Jacobson, who had sat in on the negotiations, whether this is the best deal the City can get, in the context of good relations with the County. Alderman Jacobson pointed out the original agreement preceded all of them, was poorly worded and exposed both parties to potential liabilities. Neither side is happy with the agreement, he said, but it’s better than a lawsuit, formalizes a “handshake” agreement, and the relationship was strengthened by the interactions. In his opinion, the agreement is the best the City can get. VOTE  Regular Meeting Minutes September 24, 2018 Page 9 of 12 Motion was approved on an 8-0 roll call vote. Aye: Verbic, Faivre, Jacobson, Finucane, Marquardt, Fagan, Noreiko, Smith. Nay: none. Mayor Smith declared the Resolution passed. 7. Resolution 2018-130 Authorizing the Second Renewal of the Voluntary Action Center Transit Provider Contract for a One-Year Term from October 1, 2018, through September 30, 2019 with an allocation of State Fiscal Year 2019 state and federal grant funds not to exceed $3,485,609.Authorizing the Second Renewal of the Voluntary Action Center Transit Provider Contract for a One-Year Term from October 1, 2018, through September 30, 2019, with an Allocation of State Fiscal Year 2019 State and Federal Grant Funds in an Amount Not to Exceed $3,485,609. Mayor Smith read the Resolution by title only. MOTION Alderman Finucane moved to pass the Resolution. Alderman Verbic seconded. Public Works Director Holdeman introduced the City’s new Transit Manager, Marcus Cox. Transit Manager Cox requested the renewal on behalf of Public Works and provided the details of the proposal. Alderman Marquardt asked about overlap between the two providers. Transit Manager Cox said Huskie and Voluntary Action Center (VAC) operations and routes are separate. Alderman Finucane further clarified that they are two separate providers that will integrate gradually. Public Works Director Holdeman stated that this is one-half step in that direction, because the City has to finish out the Huskie contract and name a second contractor in January. VOTE Motion was approved on an 8-0 roll call vote. Aye: Faivre, Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Smith. Nay: none. Mayor Smith declared the motion passed. 8. Resolution 2018-131 Authorizing a Modified Intergovernmental Agreement with Northern Illinois University for Shared Implementation of a Downtown Wireless Network. Mayor Smith read the Resolution by title only. MOTION Alderman Verbic moved to pass the Resolution. Alderman Faivre seconded. Regular Meeting Minutes September 24, 2018 Page 10 of 12 Information Technology Director Thorson explained that the infrastructure issue drove the decision that the City will take ownership of the infrastructure, but Northern Illinois University will be a partner and contribute funding. Information Technology Director Thorson also noted public discussion of the damage to the original fiber optic cable and said investigation into the original contract for that installation suggested that assessing culpability now, six years later, would be difficult. VOTE Motion approved by an 8-0 roll call vote: Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: none. 9. Resolution 2018-132 Authorizing an Amendment to the Professional Services Agreement with Frieders Law, LLC. Mayor Smith read the Resolution by title only. MOTION Alderman Noreiko moved to approve the Resolution. Alderman Finucane seconded. Interim City Manager Talkington noted that City Attorney Frieders, who was hired as general counsel, has had no adjustment to his compensation since 2013, and he is now providing TIF legal services as well. The proposed increase of $19,000 equals a bit less than a 2% cost of living increase per year for the past five years. Alderman Fagan confirmed with Interim City Manager Talkington that the monthly expense would be $1,400 less hourly than what the City was paying the former TIF attorney and come out of TIF funds specifically to provide TIF services. Interim City Manager Talkington observed also that the approach to TIF in the future will include heightened detail of spending. Alderman Jacobson noted that the expense was only $2,600 for last year but increased considerably this year. He asked for the average over the past five years. Interim City Manager Talkington said she wasn’t sure but that future tracking will ensure the expense will shift from fund to fund depending on services provided; e.g., services to the Water Division will be charged to the Water Fund, and some of the increase might shift to the General Fund some years. Alderman Jacobson said the City should break out these expenses separately in case it someday decides to hire a different firm, and as part of a general look at compensation for non-bargaining employees in the context of the budget, before approving a $20,000 increase for anyone. He emphasized that these issues are quite separate from that of performance, which has been excellent. VOTE  Regular Meeting Minutes September 24, 2018 Page 11 of 12 Motion was approved on 7-1 roll call vote. Aye: Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: Jacobson. Mayor Smith declared the motion passed. 10. Resolution 2018-133 Authorizing the Issuance of a Request for Proposals for Financial Collections Services. City Attorney Frieders explained this is not actually a resolution. He said it is an information item brought up as an opportunity for discussion and consensus on issuing Requests for Proposals (RFPs) for collections services related to the new administrative hearings process. Council members offered no questions or comments. H. NEW OR UNFINISHED BUSINESS There was none. I. REPORTS – COMMUNICATIONS Alderman Jacobson announced a ward meeting for the First and Seventh Wards (and anyone else who wished to attend) for Sunday, September 30. He also expressed displeasure with citizens’ emailed comments being read into the record that were negative. Alderman Finucane said he was honored to have represented the City in the recent Unity March, and that it was well attended. Alderman Marquardt said he has been taking complaints about the landscape waste containers being gone, and he announced that the landscape waste containers are gone. Alderman Fagan thanked Alderman Jacobson for bringing up negative public comment sent from “behind a keyboard” and said he thinks the City should look at whether it should allow it in the future. Alderman Noreiko announced an upcoming film and discussion at the library that “fits our theme of respect.” She also reminded motorists to watch out for pedestrians, as she’s heard of near-misses from constituents lately. Alderman Verbic thanked the business owners and residents who participated in that evening’s discussion of the new development, and he applauded the process. Alderman Faivre congratulated those involved in the Corn Classic and Taste of DeKalb on their successful new events. Mayor Smith encouraged citizen input into the budget process. He also talked about his participation in the Illinois Municipal League (IML) conference and the need for collaboration with other communities. Regular Meeting Minutes September 24, 2018 Page 12 of 12 City Clerk Fazekas reported that Deputy City Clerk Ruth Scott attended the IML conference and would share information with her. She reported that her office takes calls and emails each week, usually related to requests for information, and that she expected also to take a few “slings and arrows” occasionally and would avoid playing the victim when it happens. City Attorney Frieders commented on the Corn Classic race, noting changes of vendors and procedures and calling it a well-run event. Interim City Manager Talkington expressed appreciation for Council’s support, during the budget workshop, of City staff and the job they’re doing. She wished Mayor Smith a (belated) happy birthday. She also announced they would learn the City’s latest bond rating from Moody’s the following morning. Interim Assistant City Manager Munch gave an update on the City Manager search and noted that information about the position can be found on the GovHR website. Public Works Director Holdeman reminded residents to put out their trash containers by 6:00 a.m. on their scheduled pickup day. Information Technology Director Thorson announced that the website updating process will begin in February 2019, and that the Information Technology Department will need public input to improve user experience. J. RECESS FOR EXECUTIVE SESSION No executive session occurred during this meeting. K. ADJOURNMENT MOTION Alderman Jacobson moved to adjourn the Regular meeting of the Council. Alderman Marquardt seconded. VOTE Motion to adjourn was approved on an 8-0 voice vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Mayor Smith declared the meeting adjourned at 8:55 p.m. _________________________________ LYNN A. FAZEKAS, City Clerk Approved by City Council: October 22, 2018.