City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL OF THE CITY OF DEKALB April 23, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, April 23, 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: Mayor Kris Povlsen, Alderman David Jacobson, Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, and Alderman David Baker. Absent was Alderman Monica O’Leary. 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; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. O’Leary was ill and not able to attend the meeting. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF GENDER NEUTRAL ORDINANCE CHANGES. Mr. Biernacki advised Council that this item was brought forward by Ald. Lash for Council consideration. Ald. Lash stated that changes would not require the expenditure of funds, but instead, as future ordinances are passed, the language could include verbiage as Alderperson, s/he, his or her, etc. Council discussed the proposals along with input from Mr. Frieders. MOTION Ald. Lash moved to direct staff to prepare an ordinance amending the Municipal Code to implement gender neutral changes as recommended. The motion died for lack of a second. Committee of the Whole Meeting April 23, 2012 Page 2 of 3 2) CONSIDERATION OF UPDATING THE DOWNTOWN MASTER PLAN. Mr. Biernacki advised Council that the current Master Plan was adopted in 2007 and much has been accomplished in the downtown area. Additionally, he said, new challenges and priorities have been presented, and staff recommends updating the Plan in order that it may be utilized in Council decisions. He noted that the project is TIF eligible and funds are available for contractual services to assist the City. Council discussed the consideration and offered other suggestions for issues that need to be addressed in the Master Plan. MOTION Ald. Gallagher moved to direct staff to budget the expense as part of the FY13 TIF budget; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF FOUNDER’S ELEMENTARY SCHOOL SAFETY IMPROVEMENTS. Mr. Biernacki advised Council that there are concerns about safety problems at the former Huntley Middle School, now Founder’s Elementary School due to the change in auto and bus traffic volumes and patterns on the school property and adjacent streets. Staff and the School District have identified two on-site improvements totaling $150,000; the improvements would be cost shared between the City and the School District, he said. Mr. Biernacki described the two proposed improvements and thanked City staff and School District reps for working together toward the solution. Council discussed the proposal and asked additional questions. MOTION Ald. Baker moved to direct staff to prepare an intergovernmental agreement with a 50/50 cost share of the improvements with the School District; seconded by Ald. Lash. Motion carried on voice vote (with Ald. Jacobson dissenting). Mayor Povlsen declared the motion passed. 4) CONSIDERATION OF THE ANNUAL STREET AND ALLEY MAINTENANCE MULTI-YEAR PROGRAMS. Mr. Maurer advised Council the program covers years 2012-2016. He explained the 2012 program scheduled for locations of patching and overlays for alleys and streets. Council asked questions of Mr. Maurer including areas that need to be scheduled. Additionally, Council discussed the concern of the wear and tear on streets and alleys. Ald. Naylor stated he would like to see the elimination of transfers of $450,000 of MFT funds to the General Fund to purchase salt and electricity. Also, he said, it would like to consider allocation of funds for outside consultants due to the minimized engineering staff. He added he would like a discussion on the use of funds to maintain local streets and alleys outside the TIF area and getting the street index updated. Council further discussed staffing issues in the engineering area. MOTION Ald. Gallagher moved to direct staff to bid the proposed FY13 multi-year alley and street maintenance program and pursue future year projects with minor adjustments as funding allows; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed.  Committee of the Whole Meeting April 23, 2012 Page 3 of 3 5) CONSIDERATION OF A SYNTHETIC DRUG ORDINANCE. Mr. Frieders stated that synthetic drugs have become a high priority across the state and country and he has been working with the Police to develop this ordinance. He noted that the proposed ordinances have been adopted by many communities as well as the state. Council discussed the issue and asked questions of Mr. Frieders. MOTION Ald. Teresinski moved to direct staff to prepare an ordinance amending the Municipal Code to add a new section entitled “Synthetic Alternative Drugs;” seconded by Ald. Gallagher. Motion passed on voice vote. Mayor Povlsen declared the motion passed. 6) CONSIDERATION OF A DISCUSSION TO REPLACE/UPGRADE THE WATER DIVISION’S SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM (SCADA). Mr. Moore advised Council that the SCADA for the City’s water supply is in need of replacement or upgrade in the near future. He added that staff received three responses to a request for proposal to upgrade the SCADA and after review staff recommends TRI-R Systems. Council discussed the replacement and asked further questions of Mr. Moore. MOTION Ald. Gallagher moved to approve staff’s recommendation of TRI-R Systems as the design and build professional to perform work on upgrading the Water Division SCADA System; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 7) 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); PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); PENDING LITIGATION 5 ILCS 120/2(c)(11); AND WORKER’S COMPENSATION 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 6:55 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council May 14, 2012  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB April 23, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, April 23, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:05 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Mayor Kris Povlsen; Alderman David Jacobson, Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, and Alderman David Baker. Absent was Alderman Monica O’Leary. 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; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Jennifer Diedrich, Economic Development Coordinator; Mark Espy, Assistant Public Works Director-Operations/Maintenance; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Also present was Roger Hopkins, Economic Development Consultant. Mayor Povlsen stated that Ald. O’Leary was ill and unable to attend the meeting. B. PLEDGE OF ALLEGIANCE: Ald. Naylor led the Pledge of Allegiance to the Flag. Ald. Jacobson left the meeting at 7:06 p.m. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Teresinski moved to approve the Agenda; seconded by Ald. Lash. Motion carried 6-0-2 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary, Jacobson. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: I. SPECIAL ITEMS Regular City Council Meeting Minutes April 23, 2012 Page 2 of 8 ● Proclamation: Declaring April 27, 2012 as Arbor Day Mayor Povlsen read the Proclamation declaring April 27, 2012 as Arbor Day and presented it to Mark Espy. ● Announcement: DeKalb is a 2011 Tree City USA Award Recipient Mr. Moore announced that DeKalb has been named as a recipient of the 2011 Tree City USA Award for exemplary standards in the City. Ald. Jacobson returned to the meeting at 7:10 p.m. ● Planter Project: Citizens’ Community Enhancement Commission Mr. Espiritu introduced Mr. Brad Hoey, a member of the Citizens’ Community Enhancement Commission who spoke on the planter project. Mr. Hoey, Director of Media Relations and Internal Communications at NIU stated that NIU and the City have formed a partnership to install forty (40) planters in various locations in the community, and around the NIU campus. He acknowledged Proven Winners who will be assisting with the effort. Mayor Povlsen thanked Mr. Hoey and the Enhancement Commission for their efforts. ● Bike Path Signage/Loop Project Proposal Mr. Maurer described to Council the proposed bike path signage/loop project which will serve the central area of the City and encompasses approximately 9 miles. He noted that “Pioneering Healthy Communities” has a grant which will be used to apply some funding for the bike signage. Council provided some suggestions on the path for Mr. Maurer. ● Semi-Annual TIF Report Ms. Diedrich provided Council with an update of both TIF I and TIF II. ● Update on Emerald Ash Borer Options Mr. Moore provided Council with an update since the last meeting regarding options to eradicate the borer. Further, he said, staff will bring to the next meeting recommendations for Council to consider. Council discussed at length the options which included injections and/or destruction of the trees. II. CITIZENS’ COMMENTS Mr. Derrick Smith, NIU Center for Black Studies spoke in opposition to the location of the new Police Station and added they want to be kept as part of the community. Mr. Farouk Olayiwola, NIU Center for Black Studies also spoke in opposition to the location of the new Police Station and added he is concerned that Council is moving forward knowing the issues that have been raised.  Regular City Council Meeting Minutes April 23, 2012 Page 3 of 8 Mr. Kevin Chambliss, DeKalb, Illinois additionally voiced concern about the location and added that building something in front of someone’s house that they consider a threat will be harassment to them. Mr. James Alford spoke in opposition to the location of the new Police Station and added that this will add more congestion to the high traffic area. Mr. Dave Clanton, DeKalb, Illinois passed out information to Council regarding his company. He spoke about his plans to deal with the emerald ash borer on a preventative basis and asked Council to move quickly. He stated he has provided a proposal for his work. Mr. Adam Lopez, DeKalb, Illinois spoke about Police using the term “zero tolerance” and questioned what it meant. Mayor Povlsen asked that Chief Pearson speak to Mr. Lopez. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Gallagher moved to approve the Consent Agenda; seconded by Ald. Teresinski Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to approve the items on the Consent Agenda; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: April 9, 2012 Regular Meeting: April 9, 2012 Passed in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Safe/Quality Task Force Minutes: February 28 and March 27, 2012 Citizens’ Community Enhancement Minutes: March 19, 2012 Finance Division Quarterly Investment Report Finance Division Bank Balance & Bank Statement: March 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. APPROVAL OF MAYOR APPOINTMENTS: Police Pension Board: Mark Leach – Reappointment Finance Advisory Committee - Connie Golden – 4 year term Passed in the Consent Agenda by Omnibus Vote. 4. ORDINANCE 12-32 Regular City Council Meeting Minutes April 23, 2012 Page 4 of 8 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 51, “TRAFFIC,” BY ADDING SECTION 51.30, “ORDERS FOR TOWING AND IMPOUNDING VEHICLES BY THE CITY OF DEKALB, ILLINOIS.” Passed in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: 1. APPROVAL OF A BID AWARD TO ELLIOTT & WOOD, INC. FOR THE COTTON AVENUE AT LEAGUE OF WOMEN VOTERS PARK DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $123,637.85. MOTION Ald. Gallagher moved to approve the bid award from Elliott & Wood for the Cotton Avenue at League of Women Voters Park drainage improvements in the amount of $123,637.85; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. G. PUBLIC HEARINGS: 1. PUBLIC HEARING ON ELECTRIC AGGREGATION. Mayor Povlsen opened the Public Hearing at 8:10 p.m. Mr. Moore noted that the Public Hearing is one of the requirements needed in order to be eligible to go out to bid. He introduced Mr. Mike Mudge, with Rock River Energy Services, an authorized aggregation administration, who explained the aggregation process and answered questions from Council. Mr. Wayne Kaufman, DeKalb, Illinois asked if Mr. Mudge is a consultant; Mr. Mudge replied affirmatively. There being no further comments, Mayor Povlsen recessed the Public Hearing at 8:26 p.m. to be continued at the May 14 Council meeting. H. OLD BUSINESS: None. I. ORDINANCES – SECOND READING: 1. ORDINANCE 12-28 FIXING THE SALARY AND COMPENSATION OF THE MAYOR OF THE CITY OF DEKALB, ILLINOIS FOR AND DURING THE TERM OF OFFICE COMMENCING MAY 2013, AND THEREAFTER. Mayor Povlsen read Ordinance 12-28 by title only.  Regular City Council Meeting Minutes April 23, 2012 Page 5 of 8 MOTION Ald. Teresinski moved to pass Ordinance 12-28; seconded by Ald. Gallagher. Mr. Biernacki advised Council that pursuant to Council direction, staff conducted a survey of compensation for mayors and provided the results. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-29 FIXING THE SALARY AND COMPENSATION OF ALDERMEN OF THE CITY OF DEKALB, ILLINOIS, FOR AND DURING THE TERM OF OFFICE COMMENCING MAY 2013, AND THEREAFTER. Mayor Povlsen read Ordinance 12-29 by title only. MOTION Ald. Teresinski moved to pass Ordinance 12-29; seconded by Ald. Naylor. Mr. Biernacki provided Council with results from the salary survey conducted for aldermanic salaries. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-30 FIXING THE SALARY AND COMPENSATION OF THE ELECTED CITY CLERK OF THE CITY OF DEKALB, ILLINOIS AT $5,000 PER YEAR COMMENCING MAY 2013, AND THEREAFTER. Mayor Povlsen read Ordinance 12-30 by title only. MOTION I Ald. Gallagher moved to pass Ordinance 12-30; seconded by Ald. Naylor. Mayor Povlsen stated that Ald. O’Leary advised him she is in favor of a reduction, but would prefer the salary raised $2,000-$3,000. Council discussed at length the Clerk’s duties and proposed compensation. MOTION II Ald. Lash moved to amend Ordinance 12-30 fixing the salary and compensation at $8,000 commencing May 2013. Motion died for lack of a second. MOTION III Regular City Council Meeting Minutes April 23, 2012 Page 6 of 8 Ald. Teresinski moved to amend Ordinance 12-30 fixing the salary and compensation at $7,000 commencing May 2013; seconded by Ald. Lash. Council discussed duties required by state statute of the Clerk and other tasks. Mr. Frieders stated that the elected Clerk would have a series of Administrative Associates appointed to the office whose sole function is to support the Clerk and perform the duties. Council discussed the salary at length. VOTE III Motion failed 2-4-1 on roll call vote. Aye: Teresinski, Lash. Nay: Jacobson, Gallagher, Naylor, Baker. Absent: O’Leary. Mayor Povlsen declared the motion defeated. VOTE I Motion carried 5-2-1 on roll call vote. Aye: Jacobson, Gallagher, Naylor, Baker, Povlsen. Nay: Teresinski, Lash. Absent: O’Leary. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: None. K. RESOLUTIONS: 1. RESOLUTION 12-50 APPROVING UPDATES TO THE “BUSINESS INCENTIVE GUIDELINES” TO PROVIDE FOR ECONOMIC DEVELOPMENT AND BUSINESS RELOCATION POLICIES IN THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Resolution 12-50 by title only. MOTION Ald. Jacobson moved to pass Resolution 12-50; seconded by Ald. Gallagher. Mr. Hopkins provided Council with a synopsis of the updates to the Business Incentive Guidelines. Ald. Baker left the meeting at 8:48 p.m. Council asked questions of Mr. Hopkins regarding retail opportunities. Ald. Baker returned to the meeting at 8:50 p.m. MOTION TO EXTEND MEETING At 8:55 P.m., Ald. Jacobson moved to extend the meeting past 9:00 p.m.; seconded by Ald. Gallagher. Motion passed on voice vote. Mayor Povlsen declared the motion passed. VOTE Motion carried 5-2-1 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Baker, Povlsen. Nay: Lash, Naylor. Absent: O’Leary. Mayor Povlsen declared the motion passed.  Regular City Council Meeting Minutes April 23, 2012 Page 7 of 8 2. RESOLUTION 12-51 AUTHORIZING THE CITY MANAGER OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY TO PREPARE THE DEKALB HOUSING INFORMATION PROJECT. Mayor Povlsen read Resolution 12-51 by title only. MOTION Ald. Gallagher moved to pass Resolution 12-51; seconded by Ald. Lash. Ms. Pam Verbic, DeKalb, Illinois stated she emailed concerns on the issue to Council Members and the issues had not been discussed at the last meeting. She questioned whether it is a good idea for the City to spend funds on this project and if the City will have the resources to maintain the information. Council discussed the project extensively. Mr. Bill Nicklas, Executive Vice President of Institutional Planning at NIU stated that the project will focus on housing in the City. He added that the project will determine what is an accurate assessment of vacancies in rental housing. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. 3. RESOLUTION 12-52 AUTHORIZING THE CITY MANAGER OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH FEYT PRODUCTIONS TO SUPPORT “WIRED, THE DEKALB DOCUMENTARY.” Mayor Povlsen read Resolution 12-52 by title only. MOTION Ald. Lash moved to pass Resolution 12-52; seconded by Ald. Jacobson. Mayor Povlsen stated that Ald. O’Leary supports the project but was concerned it is $20,000 as opposed to $15,000. Mr. Biernacki explained that the project in DeKalb would be more intensive than that in Sycamore. Ms. Sheila Lahey passed out the Sycamore film to Council and answered questions posed by Council. She explained how the film would be used and that she will be working with a production crew. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Regular City Council Meeting Minutes April 23, 2012 Page 8 of 8 Ald. Jacobson thanked Ms. Diana Robinson for facilitating the retreat on Saturday. Ald. Teresinski noted that the DeKalb High School acapella group was invited to New York for nationals and will be raising funds for the trip. He stated that public safety ranked as the number one priority at the retreat along with safe housing. Ald. Gallagher stated that through an Internet search, he found quickly that the Northern Star reported in November 2008 about the location of the Police Station. He added that although he appreciates the energy of the NIU Center for Black Studies, there is much information on the decision to locate the Police Station on Lincoln, and he doesn’t agree with them. He suggested that they talk to President Peters at NIU about moving their Center Mr. Biernacki advised that the transfer of property to the Park District will be on the May agenda. 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); PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); PENDING LITIGATION 5 ILCS 120/2(c)(11); AND WORKER’S COMPENSATION 5 ILCS 120/2(c)(12). MOTION Ald. Jacobson 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); Purchase of Real Property 5 ILCS 120/2(c)(5); Pending Litigation 5 ILCS 120/2(c)(11); and Worker’s Compensation 5 ILCS 120/2(c)(12); seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, Povlsen. Absent: O’Leary. Mayor Povlsen declared the motion passed. N. ADJOURNMENT: Mayor Povlsen closed the meeting to the public at 9:30 pm. Mayor Povlsen opened the meeting to the public at 10:40 pm. N. ADJOURNMENT: Ald. Lash moved to adjourn the meeting; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 10:40 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council May 14, 2012