City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL OF THE CITY OF DEKALB March 12, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, March 12, 2012 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 6:00 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Ald. David Jacobson, Ald. Tom Teresinski, Ald. Kristen Lash, Ald. David Baker (arrived at 6:05 p.m.), Ald. Monica O’Leary and Mayor Kris Povlsen. Absent were: Ald. Brendon Gallagher and Ald. Ronald Naylor. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Ron Pearson, Interim Police Chief; Eric Hicks, Interim Fire Chief; T.J. Moore, Public Works Director; Derek Hiland, City Planner; Laura Pisarcik, Finance/Purchasing Director; Jennifer Diedrich, Economic Development Coordinator; Jamie Smirz, Neighborhood Rehab Specialist/CDBG Coordinator; Jeff Birtell, IT Technician and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Gallagher and Ald. Naylor would be unable to attend the meetings tonight; Ald. Baker would be late. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: NONE. C. CONSIDERATIONS: 1) CONSIDERATION OF A RISK MANAGEMENT INSURANCE POOL. Mr. Espiritu reminded Council that both MICA and Pardridge proposals to provide worker's compensation and general liability coverage were discussed at the last Committee of the Whole meeting. He stated that the City's Financial Advisory Committee advised that as long as the City has cash to pay for the coverage, it will not negatively affect the credit rating. However, he added, if the City chooses not to have coverage, it will impact the rating negatively. Mr. Espiritu recapped the cost from both programs. Ms. Pisarcik added that MICA has reduced Committee of the Whole Meeting March 12, 2012 Page 2 of 3 the cost of joining its consortium to $1.2 million from $1.7 million. Ald. Baker arrived at 6:05 p.m. Mr. Espiritu stated that after comparing both programs, staff continues to recommend that the City contract with MICA. Council discussed at length the pros and cons of both proposals. Council asked for some clarification. Mr. Espiritu elaborated and stated that the City would be putting away money through MICA for future claims; if the City chooses Pardridge, he said, it will not be putting money away for future claims. Pardridge is a "pay as you go" program. Mr. Frieders added that money in the MICA pool is maintained in the group pool and can be used for the City's losses or other cities' losses in the pool. Mr. Bob McWeeney and Mr. Curt Pardridge presented their proposal and answered questions from Council as did Mr. Eddie Flodberg of MICA. After more discussion, Mayor Povlsen asked for a consensus. Ald. Jacobson, Teresinski, and Lash stated they preferred Pardridge at this time; Ald. Baker and O'Leary preferred MICA. Mayor Povlsen said that he also was leaning toward Pardridge. Mr. Espiritu stated that staff will rerun the numbers and place both items on the next Council meeting for action. Ald. Baker asked that they be compared "apples to apples." 2) CONSIDERATION OF A REQUEST BY FIRST ROCKFORD GROUP FOR A $153,125 SALES TAX REBATE TO LEASE DEKALB MARKET SQUARE PROPERTY TO ULTA. Ms. Diedrich stated that First Rockford Group approached the City for a sales tax rebate in order to locate an Ulta cosmetics store in DeKalb. She added that their lender also requested the rebate. Also, she said, staff will approach the County Economic Development Committee Wednesday night for their concurrence. Council discussed the term of the lease, rebate, potential revenues and location of the store. Mr. Pankaj Mahajan of the First Rockford Group addressed Ald. Lash's concerns about the close proximity to Sally's Beauty Supply and any possible impact on their sales. He noted that Sally's primarily sells to licensed cosmetologists and they do not pay sales tax. He added that Ulta is a retail store; everyone pays sales tax. MOTION Ald. Teresinski moved to approve First Rockford Group's request for a $153,125 sales tax rebate to lease DeKalb Market Square Property to Ulta, and directed staff to prepare a resolution for formal Council approval; seconded by Ald. Jacobson. AMENDED MOTION Ald. Lash moved to amend the length of the sales tax rebate to five years rather than seven. The motion died for lack of a second. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed.  Committee of the Whole Meeting March 12, 2012 Page 3 of 3 3) CONSIDERATION OF THE COMCAST FRANCHISE AGREEMENT. Mr. Moore stated that every ten years the City has passed a franchise agreement for cable services. Mayor Povlsen noted that it is not an exclusive contract; citizens can still contract with a satellite company or another cable company. MOTION Ald. Lash moved to approve the Comcast Franchise Agreement, and directed staff to prepare a resolution for formal Council approval; seconded by Ald. O'Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4) CONSIDERATION OF A TIF GRANT TO SERVE AS MATCHING FUNDS FOR SAFE PASSAGE RENOVATION PROJECT. Ms. Smirz stated that Safe Passage, who provides shelter for domestic violence victims, is renovating a property on the south side of DeKalb. The total cost of the project is $38,815, and they are requesting 50% from TIF funds ($19,407.50) and 50% from the CDBG Foundation. Council discussed the project, and Ms. Deanna Hawkins of Safe Passage answered questions. MOTION Ald. Baker moved to approve proceeding with Safe Passage's request for $19,407.50 in TIF funds to renovate a property; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 5) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); COLLECTIVE BARGAINING 5 ILCS 120/2(c)(2); PENDING LITIGATION 5 ILCS 120/2(c)(11); WORKER’S COMPENSATION 5 ILCS 120/2(c)(12) AND MINUTES OF CLOSED SESSIONS 5 ILCS 120/2(c)(12). Not acted on in this meeting. D. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 7:05 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council March 26, 2012  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB March 12, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, March 12, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:10 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Mayor Kris Povlsen; Ald. David Jacobson., Ald. Tom Teresinski, Ald. Kristen Lash, Ald. David Baker (arrived at 7:16 p.m.) and Ald. Monica O’Leary. Absent were: Ald. Brendon Gallagher and Ald. Ronald Naylor. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager, Dean Frieders, City Attorney; Ron Pearson, Interim Police Chief; Erick Hicks, Interim Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Derek Hiland, Principal Planner; Laura Pisarcik, Finance/Purchasing Director; Sgt. Tracy Smith, Police Department; Jennifer Diedrich, Economic Development Coordinator; Jeff Birtell, IT Technician; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Gallagher and Ald. Naylor would be unable to attend the meeting and Ald. Baker would be late. B. PLEDGE OF ALLEGIANCE: Ald. Lash led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Teresinski moved to approve the Agenda; seconded by Ald. Jacobson. Motion carried 5-0-3 on roll call vote. Aye: Jacobson, Teresinski, Lash, O'Leary, Povlsen. Absent: Gallagher, Naylor, Baker. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: I. SPECIAL ITEMS: ● Update Report of Corps of Engineers Requirements for Levy Compliance Upgrades Regular City Council Meeting Minutes March 12, 2012 Page 2 of 8 Mr. Maurer provided a report on the Corps of Engineers Requirements for levy compliance and noted that deficiencies were found on both sides of the levy. However, he added, staff reviewed the requirements and found them much more stringent than in the past. Ald. Baker arrived at 7:16 p.m. Mr. Maurer stated that staff recommends no further steps be taken regarding the Corps of Engineers Report. He stated that staff sees no real advantage in spending close to $300,000 and added that the City is still performing mowing and levy management. The City would continue to be eligible for flood assistance, he stated. Also, he said, homeowners who have flood insurance will not be impacted by the City's non-compliance of the report. Council asked further questions regarding the levy and the report. II. CITIZENS’ COMMENTS: NONE. E. CONSENT AGENDA – OMNIBUS VOTE: Mayor Povlsen stated that research by staff has indicated that the City has been in error in having citizens remove an item from the Consent Agenda. He added that only Council Members may remove an item; however, citizens may request than an Alderman remove an item from the Consent Agenda. MOTION Ald. O'Leary moved to approve the Consent Agenda; seconded by Ald. Teresinski. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. Mayor Povlsen also stated that research by staff notes that the Mayor will vote on resolutions in the Consent Agenda; therefore, the City is in compliance. MOTION Ald. Teresinski moved to approve the items on the Consent Agenda; seconded by Ald. Lash. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: February 13, 2012 and February 27, 2012 Regular Meeting: February 13, 2012 and February 27, 2012 Closed Session Minutes Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Economic Development Committee Minutes: November 15, 2011 Safe/Quality Housing Task Force Minutes: January 10 and February 14, 2012 Plan Commission Minutes: January 11, January 25, and February 15, 2012 Engineering Report: February 2012  Regular City Council Meeting Minutes March 12, 2012 Page 3 of 8 Received and filed in the Consent Agenda by Omnibus Vote. 3. APPROVAL OF MAYOR APPOINTMENTS: NONE. 4. RESOLUTION 12-21 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH PHI BETA SIGMA OF NIU, TO PARTICIPATE IN THE CITY’S ADOPT-A-STREET PROGRAM ON PEACE ROAD BETWEEN FAIRVIEW DRIVE AND EAST LINCOLN HIGHWAY. Passed in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 12-22 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH ALPHA KAPPA ALPHA SORORITY TO PARTICIPATE IN THE CITY’S ADOPT-A-STREET PROGRAM ON FAIRVIEW DRIVE BETWEEN ANNIE GLIDDEN ROAD AND ILLINOIS ROUTE 23 (SOUTH FOURTH STREET). Passed in the Consent Agenda by Omnibus Vote. 6. RESOLUTION 12-23 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH ALPHA PHI ALPHA FRATERNITY, EPSILON PHI, TO PARTICIPATE IN THE CITY’S ADOPT-A-STREET PROGRAM ON ANNIE GLIDDEN ROAD BETWEEN SCENIC DRIVE AND WEST LINCOLN HIGHWAY. Passed in the Consent Agenda by Omnibus Vote. 7. RESOLUTION 12-24 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH TRAFFIC ANALYSIS & DESIGN, INC., FOR A TRIAL ORIGIN-DESTINATION AND TRAVEL TIME STUDY FOR THE DEKALB-SYCAMORE TRANSPORTATION STUDY (DSATS) AREA. Passed in the Consent Agenda by Omnibus Vote. F. PURCHASE AND BID AWARDS: 1. APPROVAL OF A RECOMMENDATION TO AWARD THE BID OF PROFESSIONAL AUDITING SERVICES TO LAUTERBACH & AMEN FOR THE CITY OF DEKALB, ILLINOIS. Regular City Council Meeting Minutes March 12, 2012 Page 4 of 8 MOTION Ald. Jacobson moved to approve staff's recommendation to award the bid of professional auditing services to Lauterbach & Amen for the City of DeKalb, Illinois; seconded by Ald. Lash. Mr. Pisarcik advised that staff received seven responses to its RFP and the lowest bid was Lauterbach & Amen. She noted that the GFOA recommends rotating auditors every seven years, and the City has retained Sikich for seventeen years. Ms. Jamie Wilke of Lauterbach & Amen provided background of her firm. VOTE Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. 2. APPROVAL OF A REQUEST TO PURCHASE SOFTWARE FROM SUNGARD PUBLIC SAFETY (OSSI) AND FIREHOUSE SOFTWARE. MOTION Ald. Teresinski moved to approve staff's request to purchase software from Sungard Public Safety (OSSI) and firehouse software; seconded by Ald. Lash. Sgt. Tracy Smith provided Council with the background on the request to purchase software. He stated that the City needs to replace the CAD which it has since 1999. He noted that the DeKalb County Sheriffs as well as the City of Sycamore use this software. Council asked further questions regarding contract, cost and maintenance. VOTE Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. G. PUBLIC HEARINGS: 1. PUBLIC HEARING ON THE REVISIONS TO THE CITY OF DEKALB WARD MAP. Mayor Povlsen opened the Public Hearing at 7:40 p.m. Mr. Biernacki noted that this concludes the thirty (30) day public comment period. There being no comments, Mayor Povlsen closed the Public Hearing at 7:41 p.m. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: NONE.  Regular City Council Meeting Minutes March 12, 2012 Page 5 of 8 J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-16 REZONING PROPERTY AT 663 SOUTH ANNIE GLIDDEN ROAD FROM “LC” LIGHT COMMERCIAL TO “PD-C” PLANNED DEVELOPMENT COMMERCIAL WITH APPROVAL OF A PRELIMINARY PLAN FOR THE DEVELOPMENT. Mayor Povlsen read Ordinance 12-16 by title only. MOTION Ald. Lash moved to receive and file Ordinance 12-16; seconded by Ald. Jacobson. Mr. Hiland noted that Mr. Al Hill and Mr. Mike Larson have petitioned the City to build a Hampton Inn at this location. He noted that previously another hotel was going to build on the site, but homeowners were in opposition. He stated that Mr. Hill and Mr. Larson listened to homeowners at the Planning and Zoning Commission and made some changes that the property owners identified. Mr. Hiland provided detail on the proposed Hampton Inn and answered questions from Council. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. Ald. Teresinski asked if it is necessary to waive second reading tonight. Mr. Larson stated that they need to hire an architect and break ground soon in order for completion in the summer of 2013. He added that NIU is excited that this hotel will be in place by next fall. MOTION Ald. Teresinski moved to waive second reading of Ordinance 12-16; seconded by Ald. Lash. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-16; seconded by Ald. Lash. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-17 APPROVING AN AMENDMENT TO THE SPECIAL USE PERMIT TO ALLOW A BANK WITH A DRIVE-THROUGH ON PROPERTY ZONED “GC” GENERAL COMMERCIAL AT 130 WEST LINCOLN HIGHWAY TO NOW ALLOW FOR AN ELECTRONIC CHANGEABLE COPY SIGN. Mayor Povlsen read Ordinance 12-17 by title only. MOTION Ald. Lash moved to receive and file Ordinance 12-17; seconded by Ald. Jacobson. Regular City Council Meeting Minutes March 12, 2012 Page 6 of 8 Mr. Hiland advised that National Bank & Trust (NB&T) is requesting a special use permit to allow for an electronic changeable copy sign. He added that currently these signs are prohibited by the sign ordinance unless a variance is granted. Also, he said, the Planning and Zoning Commission voted 5-0 to approve the request and staff concurs. Council discussed at length the sign and messaging and raised concerns that it could be distracting to drivers. They asked Interim Police Chief Pearson for any data on accidents as a result of drivers being distracted by these signs. Interim Chief Pearson reported that there is no data on any accidents and added that there is a similar sign across the street at Castle Bank and there have also been no accidents resulting from it. Council decided not to waive second reading so that it can be further discussed at another meeting with all Council Members present. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-18 REZONING PROPERTY AT 545 EAST LINCOLN HIGHWAY “CBD” CENTRAL BUSINESS DISTRICT TO “PD-C” PLANNED DEVELOPMENT COMMERCIAL WITH APPROVAL OF A FINAL PLAN FOR A RESTAURANT WITH DRIVE THROUGH FACILITY. Mayor Povlsen read Ordinance 12-18 by title only. MOTION Ald. Jacobson moved to receive and file Ordinance 12-18; seconded by Ald. O'Leary. Mr. Hiland advised that the request began last fall and staff has worked with McDonalds to design the site so that it is workable for the location. He described the site plan and noted that the Planning and Zoning Commission approved it with a vote of 5-0. Council discussed the plan and asked questions of Mr. Hiland. Ald. Teresinski complimented Ald. Naylor for his assistance in the process to develop a design and approach for the site. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to waive second reading of Ordinance 12-18; seconded by Ald. O'Leary. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 12-18; seconded by Ald. Jacobson. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 12-25  Regular City Council Meeting Minutes March 12, 2012 Page 7 of 8 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO A CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR MOTOR FUEL TAX FUNDS WITH TESTING SERVICES CORPORATION FOR THE BETHANY ROAD BRIDGE REPLACEMENT PROJECT AND THE FAIRVIEW DRIVE BIKE PATH PROJECT. Mayor Povlsen read Resolution 12-25 by title only. MOTION Ald. Lash moved to pass Resolution 12-25; seconded by Ald. Jacobson. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-26 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN INDEPENDENT CONTRACTOR AGREEMENT WITH RONALD PEARSON TO SERVE AS INTERIM POLICE ADMINISTRATOR. Mayor Povlsen read Resolution 12-26 by title only. MOTION Ald. Baker moved to pass Resolution 12-26; seconded by Ald. O'Leary. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Ald. Lash reported that she will hold a 3rd Ward meeting on the 4th Saturday in March at the Lincoln Inn at 2:00 p.m. Ald. Teresinski noted there are many events to attend at the Egyptian Theatre. M. RECESS FOR CLOSED SESSION: 1) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); COLLECTIVE BARGAINING 5 ILCS 120/2(c)(2); PENDING LITIGATION 5 ILCS 120/2(c)(11); WORKER’S COMPENSATION 5 ILCS 120/2(c)(12) AND MINUTES OF CLOSED SESSIONS 5 ILCS 120/2(c)(12). MOTION Ald. Lash moved to approve staff's request to hold a closed session to discuss personnel as provided for in 5 ILCS 120/2(c)(1); collective bargaining 5 ILCS 120/2(c)(2); pending litigation 5 ILCS 120/2(c)(11); worker’s compensation 5 ILCS 120/2(c)(12) and minutes of closed sessions 5 ILCS 120/2(c)(12); seconded by Ald. O'Leary. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Lash, Baker, O’Leary, Povlsen. Absent: Gallagher, Naylor. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 8:22 p.m. Regular City Council Meeting Minutes March 12, 2012 Page 8 of 8 Mayor Povlsen opened the meeting to the public at 9:00 p.m. N. ADJOURNMENT: Ald. Jacobson moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 9:00 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council March 26, 2012