City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB July 9, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, July 9, 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 6:04 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary and Mayor Kris Povlsen. Absent was Alderman David Jacobson. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Interim Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Derek Hiland, Principal Planner; Jennifer Diedrich, Economic Development Coordinator; Byron Wilkins, Contracted IT Technician; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Jacobson was unable to attend the meeting due to a flight cancellation. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38 “LIQUOR,” SECTION 38.20 RELATING TO “GAMBLING DEVICES.” Mr. Biernacki advised Council that staff conducted initial research and prepared a draft ordinance for Council’s review. He added that the issue of charging a fee for the devices would need to be decided; amusement device licenses are currently charged $25 annually per machine, he said. In addition to any fees charged, the City would receive 5% of the profits from each establishment, with licensed establishments having up to five (5) machines. He stipulated that Committee of the Whole Meeting July 9, 2012 Page 2 of 4 certain establishments meet the criteria for the devices: bars, restaurants, truck stops and fraternal organizations. Mr. Frieders added that Council has the discretion whether to permit all of these or not. Council asked questions and further discussed revenue from the machines. Additionally, Mr. Nick Lenox, whose company provides the machines, answered questions from Council and explained the logistics of the payouts from the machines. Ald. Lash stated her concern regarding the addictive nature of gambling and added she cannot support the concept from a moral or ethical standpoint at this time. Ald. Baker asked what precautions would be taken so that minors are not using the machines. He added if Council approves the gaming devices, it should be restricted to licensees who permit 21 years of age and older in their establishments. Ald. Gallagher stated that it would only be random occurrences that minors would use the machines and would be monitored by the licensees. He stated he supported the concept “on the surface” as long as it is initiated at a small level. Ald. Teresinski suggested a Public Hearing be held. He added that he has received negative feedback from the 2nd Ward. He stated he supports moving forward slowly and getting public input. Chief Lowery stated that all of the activities regarding these machines are regulated through the Illinois Gaming Board; if a business violates the regulations and allows minors to operate, it is a violation. Business owners would not want to take that risk, he added, because it would impact their state license and City liquor license. Ald. O’Leary stated she has received negative feedback on the issue from residents. She added that in this economy she is concerned how people would compensate for their losses on the machines, and stated at this time she cannot support it. MOTION Ald. Gallagher moved to direct staff to bring the ordinance to a regular meeting and schedule a Public Hearing; seconded by Ald. Baker. Motion carried 5-2-1 on roll call vote. Aye: Teresinski, Gallagher, Naylor, Baker, Povlsen. Nay: Lash, O’Leary. Absent: Jacobson. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 41 “TAXICABS AND LIVERY.” Mr. Frieders advised Council that revisions were made to the ordinance since the last meeting including adding liveries and requiring an annual vehicle inspection by state agencies. He stated that an issue was raised regarding operators outside the City, and advised that from a practical perspective, the policy would be established by the Police Department. If a company makes a one-time trip, it would not be the intention to require registration; only those that are regularly conducting business would be required to be licensed. He added that the licensing requirement does not apply to school buses, free of charge “late night” rides, VAC or public entity vehicles.  Committee of the Whole Meeting July 9, 2012 Page 3 of 4 MOTION Ald. Teresinski moved to direct staff to bring back the ordinance to a regular meeting for formal Council approval; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF A REQUEST FOR FINANCIAL INCENTIVES FOR PROPERTY LOCATED AT 1101 WEST LINCOLN HIGHWAY. Ms. Diedrich advised Council that the City has been contacted by a developer with a proposal to renovate the former Lukulos building with plans to include two businesses at the location. They are planning on extensive renovations and are requesting a tax rebate from the City. Mr. Steven Schwartz of Pearl Street Realty, Mr. Tom Ewing of Prudential Stark Realty and Mr. Karim Khoja, franchise owner of Dunkin Donuts addressed Council and answered questions. Mr. Schwartz stated the site would be re-purposed with many new and attractive features and design elements. He described the site improvements including parking lot, drive-through, sidewalks and landscaping features. He added that the site was built in 1985 and since that time there have been little or no improvements. The project, he said, will be costly with estimates at $1.3 million. Mr. Ewing provided his opinion of a range of lease rates for the area. Mr. Khoja stated he operates and owns thirty-one (31) stores in the Chicago area and he is excited to move his company farther west and north to the DeKalb and Rockford areas. He added that he hires from within the area and looks forward to working with the communities. Council asked questions regarding sales tax revenues, the layout of the proposal and incentive package and approving fast-food requests for rebates. Ald. Naylor pointed out that he did not see how a $25,000 rebate is needed for this project and added that the site is a great location and revenue from sales should be positive. He added that he did not agree with Mr. Ewing’s figures for lease rates and believe they are much lower. Additionally, he said he would like the existing sign adjusted in height to meet the current City standards. Mr. Khoja stated that the City would not be losing any money; it will be gaining because of the improvements to the site. Ald. Gallagher stated that this is a good use for the location and the two restaurants will generate revenue for the City. Ald. Baker inquired if the deal is contingent upon the City’s approval of the rebate. Mr. Schwartz replied it would be a different project without the rebate. Ald. Baker asked if the deal will take place without the rebate. Mr. Schwartz replied he couldn’t answer that. Ald. Naylor suggested that Council look at the financial numbers over the next two weeks and bring the item back for discussion at the next Committee of the Whole meeting. Ald. Teresinski agreed. Council consensus was to review numbers and discuss again at another meeting. 4) CONSIDERATION OF A REQUEST TO ESTABLISH SPECIAL SERVICE AREA HEARTLAND FIELDS #14. Not acted on in this meeting. Committee of the Whole Meeting July 9, 2012 Page 4 of 4 5) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); AND PENDING LITIGATION 5 ILCS 120/2(c)(11). Not acted on in this meeting. D. ADJOURNMENT: MOTION Ald. Teresinski moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 7:15 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council July 23, 2012  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB July 9, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, July 9, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:21 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Mayor Kris Povlsen; Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. Absent was Alderman David Jacobson. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric 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; Byron Wilkins, Contracted I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Jacobson would be unable to attend the meeting due to a flight cancellation. B. PLEDGE OF ALLEGIANCE: Ald. Teresinski led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mayor Povlsen stated he would like to add two items to the Agenda under Special Items or Presentations: Rep. Bob Pritchard comments and two Certificates of Recognition. MOTION Ald. Teresinski moved to approve the Agenda as amended; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: 1. SPECIAL ITEMS Rep. Bob Pritchard – Legislative Update Regular City Council Meeting Minutes July 9, 2012 Page 2 of 12 Rep. Pritchard provided Council and the audience with the update from the last session including pension reform, school district, gaming and other bills. Further, he advised that citizens can request electronic updates via email. Mayor Povlsen thanked him for the update. Certificates of Recognition – Grant James and Ross James Mayor Povlsen read Certificates of Recognition to Grant James and Ross James in representing the United States on the Olympic Rowing Team. He congratulated them, wished them luck and presented the certificates and a City of DeKalb flag to their mother, Cindy James. Update on Police Station – T.J. Moore Mr. Moore provided a sketch of the proposed Police Station and advised Council plans are moving forward quickly. He advised that the first bid package will be sent tomorrow with others going out in three week intervals. He noted that the site was cleared of trees and some of the wood has been preserved. Staff is working with the NIU Art Department to use this wood in the foyer or a conference table. The project is within the budget and on schedule, he added. 2. APPROVAL OF MAYOR APPOINTMENTS NONE. 3. CITIZENS’ COMMENTS A citizen discussed the escalation of her water and trash bill. Mr. Biernacki stated staff would meet with her to discuss a payment plan. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Gallagher moved to approve the Consent Agenda; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. Ald. Teresinski moved to approve the listing of Consent Agenda items; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: June 25, 2012 Regular Meeting: June 25, 2012 Joint City Council and Safe/Quality Task Force Minutes: June 26, 2012 Closed Session Minutes Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Engineering Report: June 2012 Received and filed in the Consent Agenda.  Regular City Council Meeting Minutes July 9, 2012 Page 3 of 12 3. ORDINANCE 12-54 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 3, “CITY ADMINISTRATION,” SECTION 3.06, “MAYOR,” RELATING TO THE AUTHORITY OF THE MAYOR OF THE CITY OF DEKALB, ILLINOIS. Approved in the Consent Agenda by Omnibus Vote. 4. ORDINANCE 12-55 AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS COMPTROLLER’S OFFICE UNDER THE LOCAL GOVERNMENT DEBT RECOVERY ACT, FOR THE CITY OF DEKALB, ILLINOIS. Approved in the Consent Agenda by Omnibus Vote. 5. ORDINANCE 12-56 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO A PROPERTY TAX ABATEMENT AGREEMENT WITH THE RIGHT POINTE COMPANY FOR PROPERTY LOCATED AT 2754 WAGNER COURT. Approved in the Consent Agenda by Omnibus Vote. 6. ORDINANCE 12-57 APPROVING PROPERTY TAX ABATEMENT FOR PROPERTY LOCATED AT 2754 WAGNER COURT FOR THE RIGHT POINTE COMPANY, PROPERTY IDENTIFICATION NUMBERS 08-34-401-014. Approved in the Consent Agenda by Omnibus Vote. 7. RESOLUTION 12-85 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH BAXTER AND WOODMAN USING MOTOR FUEL TAX FUNDS FOR THE TAYLOR STREET WIDENING PROJECT BY LIONS PARK. Approved in the Consent Agenda by Omnibus Vote. 8. RESOLUTION 12-86 AMENDING THE FUND BALANCE POLICIES FOR THE CITY OF DEKALB, ILLINOIS. Approved in the Consent Agenda by Omnibus Vote. 9. RESOLUTION 12-87 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SPECIALIZED AVIATION SERVICE OPERATION AGREEMENT Regular City Council Meeting Minutes July 9, 2012 Page 4 of 12 WITH REV’D UP MOTORSPORTS, FOR ACTIVITIES AT THE DEKALB TAYLOR MUNICIPAL AIRPORT. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: 1. APPROVING THE RECOMMENDATION TO AWARD THE 2012 NON-MFT STREET MAINTENANCE IMPROVEMENTS TO ALLIANCE CONTRACTORS, INC. IN THE AMOUNT OF $977,543.60. MOTION Ald. Teresinski moved to approve staff’s recommendation to award the 2012 non-MFT street maintenance improvements to Alliance Contractors, Inc. in the amount of $977,543.60; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. 2. APPROVING THE PURCHASE OF NEW FINANCIAL SOFTWARE. Ms. Pisarcik provided a review of the software including bidders. She explained the software will enable citizens to go online for bill payments. Additionally, it will be used by multiple departments. MOTION Ald. Naylor moved to approve the purchase of the financial software; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. 3. APPROVING A DSATS RECOMMENDATION TO INSTALL NEW DIGITAL RADIOS IN VAC BUS FLEET. MOTION Ald. Naylor moved to approve the DSATS recommendation to install new digital radios in the VAC bus fleet; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. G. PUBLIC HEARINGS: NONE. H. OLD BUSINESS: 1. RESOLUTION 12-81 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN AN AGREEMENT WITH NGUZO SABA MEN’S CLUB OF DEKALB FOR HUMAN SERVICES FUNDING FROM THE FY 2013 GENERAL FUND IN THE AMOUNT OF $5,663.00.  Regular City Council Meeting Minutes July 9, 2012 Page 5 of 12 Mayor Povlsen read Resolution 12-81 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-81; seconded by Ald. O’Leary. Mr. Derrick Smith, Director of Nguzo Saba Men’s Club stated the program began twenty-two (22) years ago. The basketball club, he said, includes African-American males who participate in tournaments. Initially there were no funds for the program, and years ago former Mayor Sparrow arranged for the City to provide some funding. Mr. Smith stated that other organizations are not asked to come forward with this Council to speak, and these questions should have been asked earlier. He said he has given the City what has been asked of them. He added that he views this as a “slap in the face.” Additionally, he asked how many programs the City has that caters to these groups. He stated that it is disrespectful to be challenged and placed “on the spot.” Rev. Jerry Wright, Pastor of Rock Christian Church stated that initially the club was funded through the Park District. He added that the $5,000 is a token of the City’s appreciation of their work and the program is vitally important to DeKalb. Ald. Gallagher stated that Council should review these funding agreements and ask questions. He added that the agreement states that the funds from the City should be matched and noted that 75-80% of Nguzo Saba’s funds come from the City. Also, he said, the City should not be the primary supporter and pointed out that nearly $5,000 goes to pay for administrative costs. He added that the City should not be fully funding these programs. Rev. Wright stated that they could move the budget around as the Council wishes. Ald. Gallagher stated that the first priority for the City’s funding of human services is that the organizations provide basic emergency needs: food, shelter and clothing. Ald. Lash stated her concern is that other organizations receive funding from the township, county, other municipalities and private organizations, etc. It appears, she said, that the City is the sole funding source for Nguzo Saba. She asked questions regarding training, involvement in the community, etc. Ald. Lash stated that more programs are needed in the community and she will approve the funding for this year, but asked that Nguzo Saba either expand the program or seek other funding sources. Ald. Baker agreed that Nguzo Saba reach out for more sponsors. He added he supports the organization, but encouraged them to expand the program and receive funding from other areas. VOTE Motion carried 6-1-1 on roll call vote. Aye: Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Nay: Gallagher. Absent: Jacobson. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-82 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN AN AGREEMENT WITH PRAIRIE STATE LEGAL SERVICES FOR HUMAN SERVICES FUNDING FROM THE FY 2013 GENERAL FUND IN THE AMOUNT OF $708.00. Mayor Povlsen read Resolution 12-82 by title only. Regular City Council Meeting Minutes July 9, 2012 Page 6 of 12 MOTION Ald. Lash moved to pass Resolution 12-82; seconded by Ald. O’Leary. Ms. Kathryn Betcher, Managing Attorney of the Fox Valley office for Prairie State Legal Services addressed Council. She stated there are ten (10) offices throughout northern and western Illinois and the St. Charles office provides services to residents of Kane, Kendall and DeKalb counties. She added that they provide assistance addressing the basic needs of people. She noted that some of their services include: domestic violence issues, wrongful evictions, assistance with maintaining and receiving basic benefits. Also, she said, Prairie State receives funding from other sources including: senior tax levy, Kishwaukee United Way and state and federal funding. Additionally, they conduct fund-raising efforts, she said. Ms. Betcher pointed out that the City’s funding stays in the office that services DeKalb County residents. VOTE Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. I. ORDINANCES – SECOND READING: 1. ORDINANCE 12-52 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 3, “CITY ADMINISTRATION,” SECTION 3.43, “MANAGEMENT PAY PLAN,” SECTION 3.45, “MANAGEMENT BENEFITS PLAN,” PERTAINING TO INSURANCE, AND SECTION 3.46, “RESIDENCY REQUIREMENTS FOR EMPLOYEES AND OFFICERS.” Mayor Povlsen read Ordinance 12-52 by title only. MOTION Ald. Gallagher moved to pass Ordinance 12-52; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-58 AMENDING THE CITY OF DEKALB, ILLINOIS FY 2013 STAFFING PLAN TO ADD FIVE (5) FIREFIGHTERS. Mayor Povlsen read Ordinance 12-52 by title only. MOTION Ald. Lash moved to receive and file Ordinance 12-58; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION  Regular City Council Meeting Minutes July 9, 2012 Page 7 of 12 Ald. Lash moved to waive second reading of Ordinance 12-58; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 12-58; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-59 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 3, “CITY ADMINISTRATION,” SECTION 3.30, RELATING TO “INSURANCE POLICIES AND CLAIMS SERVICE AGREEMENTS” WITHIN THE CITY OF DEKALB, AND AUTHORIZING EXECUTION OF A CLAIMS SERVICE AGREEMENT. Mayor Povlsen read Ordinance 12-59 by title only. MOTION Ald. Teresinski moved to pass Ordinance 12-59; seconded by Ald. Gallagher. Mr. Frieders explained amendments and the process and answered questions from Council. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-59; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-59; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-60 REZONING PROPERTIES AT 1840 EAST LINCOLN HIGHWAY (P.I.N.s 08-24- 377-002 AND 08-24-377-014) FROM “SFR-1” SINGLE FAMILY RESIDENTIAL TO “LC” LIGHT COMMERCIAL. Mayor Povlsen read Ordinance 12-60 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-60; seconded by Ald. Teresinski. Mr. Hiland explained the petitioner’s request for rezoning. Regular City Council Meeting Minutes July 9, 2012 Page 8 of 12 VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to waive second reading of Ordinance 12-60; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-60; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. 4. ORDINANCE 12-61 APPROVING A SPECIAL USE PERMIT FOR A MUSEUM ON PROPERTY ZONED “MFR-1” MULTI-FAMILY RESIDENTIAL, LOCATED AT 417 NORTH FIRST STREET, DEKALB. Mayor Povlsen read Ordinance 12-61 by title only. MOTION Ald. Lash moved to receive and file Ordinance 12-61; seconded by Ald. Naylor. Mr. Hiland explained the request for the Special Use Permit. He added there was considerable discussion at the Planning and Zoning Commission regarding the potential impact that the use and programming of the Ellwood House and Nehring will have on the surrounding neighborhood. Mr. Hiland stated that the upstairs will be used for the caretakers’ and interns’ residences and the downstairs will be utilized as a museum. The Planning and Zoning Commission recommended that the Special Use Permit be granted for two (2) years to expire December 31, 2014 in order to determine the impact on the neighborhood, he said. At that time any impact will be evaluated and the issue will be returned to Council for possible extension. He added the Commission extensively discussed the parking lot. Ald. Naylor asked if this is classified as a rooming house rather than a multi-family apartment building. Mr. Hiland replied that was never part of the discussion. Ms. Lisa Sharp, architect for the project stated that a characteristic of a building being considered as a rooming house is that rent is charged. No rent will be charged at this location, she said; the accommodations are part of their payroll package. The rooms are meant for the interns and caretakers, she added. Ald. O’Leary stated that Council approved $75,000 at the last meeting to Ellwood House for the next five (5) years and questioned this request. Ms. Sharp replied that no funds are being requested; they are asking for a Special Use Permit. Mr. Brian Reese, Director of Ellwood House agreed that no charges will be made for the rooms. The interns are students who will assist with the operation of the museum and will live there. Ald. Naylor expressed concern regarding the number of unrelated people living in the building. Mr. Biernacki stated that if that is an issue, the City could inspect it and issue a rooming house license. Ms. Sharp added that this is a group of people; not separate individuals. Also, she said,  Regular City Council Meeting Minutes July 9, 2012 Page 9 of 12 their employer is on-site and it is a well-managed group. She added that they have had many discussions with Lou Larson, Building Supervisor regarding the site. Ald. Naylor stated that this conflicts with the rules and regulations for that area. Interim Fire Chief Hicks stated that the Fire Prevention Officer could do an inspection if Council desires. Ms. Sharp added they could limit the amount of people living there to three and if there was an increase, they would apply for the rooming house license. MOTION Ald. Lash moved to amend Ordinance 12-61 to limit the residents to three; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 5. ORDINANCE 12-62 APPROVING A SPECIAL USE PERMIT FOR A TWO TENANT BUILDING WITH A RESTAURANT DRIVE-THROUGH FACILITY IN ONE-HALF OF THE BUILDING ON PROPERTY ZONED “GC” GENERAL COMMERCIAL AND LOCATED AT 1101 WEST LINCOLN HIGHWAY, DEKALB ILLINOIS. Mayor Povlsen read Ordinance 12-62 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-62; seconded by Ald. Teresinski. Mr. Hiland explained the request for the Special Use Permit and added that it comes with recommendations on signage with waivers on landscaping. Additionally, he explained the restructure of the signage on the south and west side. The Petitioner agreed, he said. An incentive package will be presented at a later date. MOTION TO EXTEND MEETING At 8:55 p.m., Ald. Lash moved to extend the meeting past 9:00 p.m.; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Council asked questions and discussed extensively site improvements, traffic impact, entrances, drive through, signage, and landscaping. Mr. Brian Weygart, owner of Sunshine Scoop stated that the business does not need incentives. He added there are several issues including increased sales tax and gateway issues. Also, he said, by approving the request, Council would be financing them to take away tax dollars from existing businesses. Other businesses did not receive rebates from the City, he said. Ald. Naylor raised concerns regarding landscaping buffers and the conformity of the sign with City standards. AMENDED MOTION Regular City Council Meeting Minutes July 9, 2012 Page 10 of 12 Ald. Naylor moved to amend Ordinance 12-62 to conform the sign to City standards; seconded by Ald. O’Leary. Mr. Steven Schwartz, Pearl Realty stated that the signage is extremely important, and to lower the pole would conflict with traffic signal safety. Additionally, he said, it will not conform to IDOT standards. He stated they can take the existing sign and skirt it and take the one-tenant sign and modify it to accommodate two tenants. He asked that Council consider these issues before voting. VOTE ON AMENDED MOTION Motion carried 5-2-1 on roll call vote. Aye: Lash, Gallagher, Naylor, Baker, O’Leary. Nay: Teresinski, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 12-88 AUTHORIZING AN AMENDMENT TO THE CONSTRUCTION MANAGER AGREEMENT BETWEEN THE CITY OF DEKALB AND IRVING CONSTRUCTION CO., INC. RELATING TO THE CITY OF DEKALB POLICE FACILITY. Mayor Povlsen read Resolution 12-88 by title only. MOTION Ald. Lash moved to pass Resolution 12-88; seconded by Ald. Gallagher. Mr. Frieders explained the amendment to the agreement including intersection improvements, bid acceptance and awards, alternates, guaranteed maximum price, work performance, review and acceptance of work, and change orders. He provided Council with a summary of all amendments and stated staff will follow Council’s direction. Some items, he said, are time- sensitive and may need to be acted on quickly during the project. Mayor Povlsen stated that the Council Members are policy makers; they hired a Construction Manager, Public Works Director and City Manager to decide many of the issues relating to the construction of the police station. He added that he wants to keep costs down and move forward rapidly on issues that will need to be decided and many of the items should be resolved by the Construction Manager, City Manager and Public Works Director. Ald. Lash agreed but stated she would like to be advised of alternates that could be included in the project. Ald. O’Leary asked questions and agreed with Ald. Lash. She asked that she receive texts regarding major decisions so that she is up-to-date on the process. MOTION TO AMEND Ald. Lash moved to amend Resolution 12-88 to delete alternates from the amended agreement; seconded by Ald. O’Leary.  Regular City Council Meeting Minutes July 9, 2012 Page 11 of 12 Mr. Frieders clarified that alternates in this case refer to alternates decreasing or increasing the footprint of the building. Ald. Lash withdrew her Amended Motion; Ald. O’Leary withdrew her second to the motion. MOTION TO AMEND Ald. Lash moved to amend Resolution 12-88 to delete alternates that modify the building size; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-89 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A LOAN AGREEMENT WITH THE ILLINOIS FINANCE AUTHORITY RELATING TO THE PROPOSED PURCHASE OF A PUMPER FIRE ENGINE, USING ILLINOIS FIRE TRUCK REVOLVING LOAN FUNDS. Mayor Povlsen read Resolution 12-89 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-89; seconded by Ald. Lash. Interim Fire Chief Hicks stated that staff applied for a loan and received approval for $250,000 for a pumper fire engine. The loan has a 15-year payback period with no interest, he said. He explained that a 1995 truck will be replaced. Mr. Frieders stated that staff requests that Council amend the Resolution to approve the loan and purchase not to exceed the loan amount of $250,000. MOTION TO AMEND Ald. Baker moved to amend Resolution 12-89 to approve the loan and authorize a purchase not to exceed $250,000; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. 3. RESOLUTION 12-90 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR MOTOR FUEL TAX FUNDS WITH WILLS BURKE KELSEY ASSOCIATES FOR DESIGN ASSISTANCE FOR BETHANY ROAD WIDENING. Mayor Povlsen read Resolution 12-90 by title only. Regular City Council Meeting Minutes July 9, 2012 Page 12 of 12 MOTION Ald. Teresinski moved to pass Resolution 12-90; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Ald. Gallagher stated that citizens should have received letters regarding electrical aggregation and if they want to participate with First Energy, they do not have to respond to the letters. He cautioned that there are solicitors visiting homes stating they represent the City; they do not. Ms. Wright confirmed and stated that no licenses are issued at this time for solicitors for electrical aggregation. She advised that if citizens are contacted by other companies at their homes, they should contact the non-emergency phone number of the Police. Ald. Naylor congratulated the two Olympians from DeKalb. Ald. O’Leary stated that she is concerned with the $75,000 recently funded to the Ellwood House from TIF. She added she will meet with the City Manager. Mr. Biernacki suggested a series of meetings to continue the safe and quality housing issue. Council discussed possible dates for three meetings in August, September and October and decided on August 15, September 19 and October 17. Mr. Biernacki stated his office will contact Council and confirm the dates. 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) AND PENDING LITIGATION 5 ILCS 120/2(c)(11). 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) and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. Baker. Motion carried 7-0-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 10:20 p.m. Mayor Povlsen opened the meeting to the public at 10:40 p.m. N. ADJOURNMENT: Ald. Lash moved to adjourn the meeting; seconded by Ald. Teresinski 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 July 23, 2012