City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB July 23, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, July 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: Alderman David Jacobson (arrived at 6:09 p.m.), Alderman Tom Teresinski, Alderman Kristen Lash (arrived at 6:01 p.m.), Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary (arrived at 6:09 p.m.), and Mayor Kris Povlsen. Absent was Alderman Brendon Gallagher. 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; Roger Hopkins, Economic Development Consultant; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen stated that Ald. Gallagher was out of town and unable to attend the meeting. He further stated that at this time there is not a quorum and discussions will only be held until other Council Members are present. He added that Ald. O’Leary advised him she would be late; he had not heard from Ald. Jacobson. Mayor Povlsen suggested moving Item 1 later in the Agenda so that Ald. O’Leary would be part of the discussion. Council agreed to discuss the Special Service Area first. Ald. Lash arrived at 6:01 p.m. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF A REQUEST TO ESTABLISH SPECIAL SERVICE AREA NO. 14 FOR HEARTLAND FIELDS SUBDIVISION IN THE CITY OF DEKALB, ILLINOIS. Committee of the Whole Meeting July 23, 2012 Page 2 of 4 Mr. Biernacki explained that this area was under the auspices of the homeowners’ association but they are no longer in operation. However, he added, demands to continue maintenance of the area still exist. Staff proposes, he said, establishing a special service area for the Heartland Fields Subdivision. Council asked questions of staff regarding the establishment of the special service area. Mr. Frieders added that the residents’ payments on their taxes would be in lieu of their payments to the former homeowners’ association. Council asked if the homeowners were in favor of the special service area. Mr. Maurer replied there was one meeting and he would not characterize it as a favorable reaction. He added the homeowners would like to do the mowing themselves. Ald. Jacobson and Ald. O’Leary arrived at 6:09 p.m. MOTION Ald. Teresinski moved to bring the item back for formal action by Council at a regular City Council meeting; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF A REQUEST FOR FINANCIAL INCENTIVES FOR PROPERTY LOCATED AT 1101 WEST LINCOLN HIGHWAY. Mr. Hopkins summarized the project which involved redevelopment of the former Lukulos. He advised that the project would be on one acre with approximately 4,000-5,000 square feet in the building. He added that they expect to generate $2.5 million in sales. Mr. Hopkins advised that the developers intend to divide the building between Dunkin Donuts and Baskin Robbins and another restaurant. He stated that the request is for a rebate from the City. He noted that the building will provide improvements for the City and the quality of the project warrants serious consideration for an incentive. Mr. John Rey, Chairman of the Economic Development Committee (EDC) stated that the EDC supports the project and encourages Council’s approval. Mr. Austin Quick, also of the EDC stated this area is not fully developed. He added that he has spoken with students and staff at NIU and they are excited to have the property developed and have these national chains in DeKalb. Mr. Quick stated he supports the project and also encouraged Council to approve it. Mr. Hopkins stated that staff is seeking direction from Council whether they should negotiate a development agreement to return to Council. He advised Council that Steven Schwartz of Pearl Street Realty, Walter Hainsfurther of Kurtz Associates, architect of the project and Ryan Swanson landscape architect are present to answer questions. Mr. Schwartz advised Council that changes were made to the plans since the last meeting, incorporating Council’s concerns. Mr. Hainsfurther provided a slide presentation to Council which included the revised site plan. He noted there is an increased landscape area along Annie Glidden; the ATM was eliminated and the sign has been modified. Ald. Teresinski stated that he appreciated the efforts that went into the plans. He added he was interested in redeveloping the site more than as an incentive project. He asked what the increases to cost totaled on the upgrades. Mr. Schwartz estimated that costs would be $10,000-$12,000  Committee of the Whole Meeting July 23, 2012 Page 3 of 4 additional in landscaping, $15,000-$20,000 in building and elements and $20,000-$25,000 in signage. Mr. Hainsfurther stated that the building costs would be an additional $25,000 because the existing brick will need to be removed. Ald. Teresinski stated he had hoped the sign would be lower that would be consistent with upgrades on Annie Glidden. Ald. Lash stated her concerns and related them to the CVS Pharmacy project. She noted that they had probably more modifications on the design and Council did not approve incentives for that project. Ald. Baker voiced concern regarding possible transfer of sales from other businesses to the national chains. He added that he is hesitant to approve the request without knowing the other tenant. Ald. Jacobson stated it is the best site in the neighborhood for visibility. He acknowledged that he appreciated the changes made but doesn’t believe the property will stay vacant long. He added that he doesn’t see the need to “incentivize” the best location. Mr. Schwartz addressed Council’s comments and stated they are not asking for a 50/50 rebate, but an 80/20 rebate. He added that their goal is to form a partnership with the City. He requested that Council provide the opportunity to draft the development agreement and consider it at the next meeting. Ald. Naylor acknowledged the changes in the plans and additional upgrades but added he is troubled by the request for public funding. He added that he believes the project can proceed without public funding. Mayor Povlsen stated that Ald. Gallagher informed him that he is opposed to the request. Council discussed further the project and request at length. MOTION Ald. Teresinski moved to bring the request to a regular Council meeting for further discussion. There being no second, Mayor Povlsen declared the motion defeated. 3) CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 1, “GENERAL PROVISIONS,” SECTION 1.12, RELATING TO “MAIL-IN ORDINANCE VIOLATIONS” FOR THE CITY OF DEKALB. Not acted on in this meeting. 4) CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 9, “ESTABLISHMENT OF FEES,” SECTION 9.07, “FINGERPRINT APPLICANT FEE.” Not acted on in this meeting. 5) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PENDING LITIGATION AS PROVIDED FOR IN 5 ILCS 120/2(c)(11). Not acted on in this meeting. Committee of the Whole Meeting July 23, 2012 Page 4 of 4 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 7:10 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council August 13, 2012  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB July 23, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, July 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 7:15 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 (arrived at 7:17 p.m.). Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. Absent was Alderman Brendon Gallagher. 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; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen advised that Ald. Brendon Gallagher was out of town and unable to attend the meeting. B. PLEDGE OF ALLEGIANCE: Ald. Naylor led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mayor Povlsen asked that Item K.3, Resolution 12-96 be removed from the Agenda. MOTION Ald. Teresinski moved to approve the Agenda as amended; seconded by Ald. Lash. Motion carried 6-0-2 on roll call vote. Aye: Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson, Gallagher. Mayor Povlsen declared the motion passed. Ald. Jacobson arrived at 7:17 p.m. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: I. SPECIAL ITEMS ● RESOLUTION 12-91 Regular City Council Meeting Minutes July 23, 2012 Page 2 of 10 AUTHORIZING THE APPOINTMENT OF ERIC HICKS AS FIRE CHIEF OF THE CITY OF DEKALB, ILLINOIS EFFECTIVE JULY 23, 2012. Mayor Povlsen read Resolution 12-91. MOTION Ald. Lash moved to pass Resolution 12-91; seconded by Ald. Baker. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Clerk Wright gave the oath of office to Fire Chief Hicks. Mrs. Hicks presented his pin to Chief Hicks. Mr. Biernacki congratulated Chief Hicks and thanked Council for supporting his recommendation. Chief Hicks thanked Mr. Biernacki and Council for the appointment. ● REPORT ON THE CITY MANAGER’S PENDING APPROVAL OF AN ENCROACHMENT PERMIT FOR A POPCORN STAND AT VAN BUER PLAZA Mr. Biernacki provided background to Council on the requested permit at Frank Van Buer Plaza. Council asked questions of him and the applicant. MOTION Ald. Teresinski moved to approve the request for an encroachment permit for a popcorn stand at Van Buer Plaza; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. II. APPROVAL OF MAYOR APPOINTMENTS: DeKalb Public Library Board: (3 year term) Clark Neher – Reappointment Carolyn Massey – Reappointment Imelda Ruiz – Reappointment Planning and Zoning Commission (5 year term) Christina Atherton – Reappointment Matthew Crull – Appointment (2 year term) Michael Welsh – Chair (2 year term) Mayor Povlsen read the listing of Mayoral appointments. MOTON Ald. Naylor moved to approve the Mayoral appointments; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. II. CITIZENS’ COMMENTS NONE. E. CONSENT AGENDA – OMNIBUS VOTE:  Regular City Council Meeting Minutes July 23, 2012 Page 3 of 10 MOTION Ald. Jacobson moved to approve the Consent Agenda; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to approve the items on the Consent Agenda; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent was Ald. Gallagher. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: July 9, 2012 Regular Meeting: July 9, 2012 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Planning and Zoning Commission Minutes: May 16, 2012 Finance Division Bank Balance and Bank Statement: June 2012 Received and filed in the consent Agenda by Omnibus Vote. 3. RESOLUTION 12-92 SEEKING PERMISSION TO REGULATE TRAFFIC ON ILLINOIS ROUTE 38 BETWEEN FOURTH STREET AND FIRST STREET ON THURSDAY, SEPTEMBER 20, 2012 FOR THE PURPOSE OF HOLDING THE DEKALB HIGH SCHOOL HOMECOMING PARADE. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 12-93 AUTHORIZING THE CITY OF DEKALB TO EXECUTE A ROUTE 38 PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A WATERMAIN CROSSING BY CONTRACTORS FOR THE DEKALB POLICE STATION ON WEST LINCOLN HIGHWAY. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: NONE. G. PUBLIC HEARINGS: 1. AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38, “LIQUOR,” SECTION 38.20 RELATING TO “GAMBLING DEVICES.” Regular City Council Meeting Minutes July 23, 2012 Page 4 of 10 Mayor Povlsen opened the Public Hearing at 7:30 p.m. Mr. Frieders advised Council that because DeKalb is a home rule community, the City can prohibit or impose reasonable restrictions on what establishments may receive permits for the gambling devices. Ms. Kathy Gilroy, Villa Park, Illinois spoke in opposition to allowing gambling devices and addressed addictions and bankruptcies as a result. She cited statistics to support her position. Mr. John Anderson, DeKalb, Illinois, also spoke in opposition to the issue. He added that Council could place the item on the November ballot and allow the people to decide. Mr. Wayne Fesler, DeKalb, Illinois also spoke in opposition to the issue and added it is important to realize one can expect crime to increase by 10% and bankruptcies by 20%. Ms. Kim Knowlton, co-owner of KJ’s spoken in favor of video gaming and addressed and disputed some of Ms. Gilroy’s statistics. She added that South Carolina has never repealed video gaming. Additionally she said that no one would risk their liquor license and allow minors to use the machines. Mr. Nick Lennex, DeKalb, Illinois, stated that he represents the gaming industry and since April 187 municipalities have had these same discussions and 172 have voted in favor of video gaming. He noted that the machines are regulated by the Illinois Gaming Board. Mr. Earl Sullivan of Sullivan’s stated that permitting video gaming will help the liquor industry and also the City. He asked that Council approve the issue. Ald. Lash left the meeting at 7:50 p.m. Ald. Teresinski stated that he has received mainly negative comments on the issue, but is open to consideration. Ald. Naylor suggested continuing the Public Hearing until more information is received. He stated he wanted further clarification as to what licensees would be eligible for the devices. Mr. Frieders outlined the licensees who would be permitted to have the devices. Ald. Naylor stated he wanted feedback from downtown merchants and the social cost of gaming on the public along with any costs the City would incur. He added he concurred with some comments about the ability to be able to control. Ald. Baker asked about placing the issue on the ballot for the public. Mr. Frieders stated that there isn’t a good deal of data to compare; this is a new issue for the state. He added that it is difficult to locate information that is not prepared by a group that is either “for” or “against” the issue. He stated staff will look further for more information for Council. Mayor Povlsen stated he tends to favor the issue and at some point Council will have to make a decision. Mr. Frieders stated that the deadline is August 8 to place an item on the ballot, and the next Council meeting is August 13. Mayor Povlsen stated that the recommendation appears to direct staff to prepare an ordinance and define the establishments who would be allowed the devices; Council would then vote. Mayor Povlsen closed the Public Hearing at 8:05 p.m. H. OLD BUSINESS: NONE.  Regular City Council Meeting Minutes July 23, 2012 Page 5 of 10 I. ORDINANCES – SECOND READING: 1. 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. Teresinski moved to pass Ordinance 12-61; seconded by Ald. Naylor. Mr. Hiland stated that at the last meeting the issue was discussed that there was a potential for a rooming house. He added that Lisa Sharp, architect and staff met on site and determined that at such time the plan was to convert to a rooming house in the future, they would apply for a license. However, at this time, they prefer not to have three (3) unrelated people living at the address; therefore, it is not considered a rooming house. Mayor Povlsen stated that Ald. Gallagher indicated his support of the permit. VOTE Motion carried 3-2-2 on roll call vote. Aye: Teresinski, Naylor, Baker. Nay: Jacobson, O’Leary. Absent: Gallagher, Lash. Mayor Povlsen declared the motion passed. 2. 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. Naylor moved to postpone action on Ordinance 12-62; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-63 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 2, “CITY COUNCIL,” SECTION 2.09(a), “AGENDA,” RELATING TO MEETING AGENDAS FOR THE CITY OF DEKALB. Mayor Povlsen read Ordinance 12-63 by title only. MOTION Ald. O’Leary moved to receive and file Ordnance 12-63; seconded by Ald. Jacobson. Regular City Council Meeting Minutes July 23, 2012 Page 6 of 10 Ald. Lash returned to the meeting at 8:09 p.m. Ald. Baker stated there needs to be a free exchange of ideas and added that it is difficult to get three aldermen together to discuss an item when it is in violation of the Open Meetings Act. VOTE Motion carried on voice vote. 2. ORDINANCE 12-64 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 41, “TAXICABS AND LIVERY.” Mayor Povlsen read Ordinance 12-64 by title only. MOTION Ald. Lash moved to receive and file Ordinance 12-64; seconded by Ald. Naylor. Mr. Frieders provided background on the changes in the Code which will now include livery vehicles. Additionally, he stated there is a provision to require a child’s car seat. Additionally, he noted that a livery owner is present who stated that commercial vehicles are exempt from this requirement under Illinois Code. Mr. Frieders noted that this ordinance maintains the requirement and asked Council if they want the requirement to stay. Council discussed the proposed changes including the requirement for a child safety seat. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to waive second reading of Ordinance 12-64; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-64; seconded by Ald. O’Leary. Motion carried 7-0- 1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. 3. ORDINANCE 12-65 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 51, “TRAFFIC,” SECTION 51.08, “SCHEDULE B,” “THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTIONS,” “THREE- WAY STOP” TO ADD A THREE-WAY STOP AT RUSSELL ROAD AND GREENBRIER ROAD. Mayor Povlsen read Ordinance 12-65 by title only. MOTION  Regular City Council Meeting Minutes July 23, 2012 Page 7 of 10 Ald. Jacobson moved to receive and file Ordinance 12-65; seconded by Ald. O’Leary. Mr. Biernacki stated that the item was requested by Ald. Jacobson and staff is neutral on the issue in that the engineer’s position is that the stop sign is not warranted. Council discussed the item at length with Ald. Jacobson stating the area has many vehicles speeding through it. MOTION TO AMEND Ald. Baker moved to amend Ordinance 12-65 to include a restriction of 25 MPH speed limit on Greenbrier; seconded by Ald. Jacobson. Mr. Maurer stated that lowering the speed limit is valid. Ald. Naylor stated that there is a statute for an engineering study in these cases and suggested that if there is an effort to lower the speed limit, a study would be appropriate first. He stated he maintains the same position with the stop sign. He added he would like Council to abide by its own rules and regulations to conduct a speed study and analysis first. VOTE ON AMENDED MOTION Motion carried on voice vote. Mayor Povlsen declared the motion passed. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to waive second reading of Ordinance 12-65; seconded by Ald. O’Leary. Motion carried 5-2-1 on roll call vote. Aye: Jacobson, Teresinski, Baker, O’Leary, Povlsen. Nay: Lash, Naylor. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to pass Ordinance 12-65; seconded by Ald. Baker. Motion carried 5-2-1 on roll call vote. Aye: Jacobson, Teresinski, Baker, O’Leary, Povlsen. Nay: Lash, Naylor. Absent: Gallagher. Mayor Povlsen declared the motion passed. 4. ORDINANCE 12-66 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 53, “AIRPORT RULES AND REGULATIONS” BY ADDING SECTION 53.19, RELATING TO THE EXECUTION OF LEASES AND RELATED AGREEMENTS FOR THE DEKALB TAYLOR MUNICIPAL AIRPORT, CITY OF DEKALB. Mayor Povlsen read Ordinance 12-66 by title only. MOTION Ald. Lash moved to receive and file Ordinance 12-66; seconded by Ald. Naylor. Mr. Moore explained the amendments to the Code. He added that staff expects the economic study to be released in August. Regular City Council Meeting Minutes July 23, 2012 Page 8 of 10 Ald. Teresinski expressed concern that not all agreements would come before Council. Mr. Frieders stated that the City Manager is not obligated to sign all agreements under the ordinance and can bring them to the Airport Advisory Board or Council first. He added that this is an effort to respond to some of the businesses to allow a quicker turnaround of agreements. Ald. Naylor stated he would like language included that the Airport Advisory Board be included in reviewing agreements. He added he would like Section d removed from the Ordinance. MOTION TO AMEND Ald. Naylor moved to amend Ordinance 12-66 by deleting Section 7, Paragraph d; seconded by Ald. Jacobson. Motion carried 4-3-1 on roll call vote. Aye: Jacobson, Lash, Naylor, O’Leary. Nay: Teresinski, Baker, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to waive second reading of Ordinance 12-66; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to pass Ordinance 12-66; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 12-94 ADOPTING A GRAPHIC STANDARDS GUIDE FOR THE CITY OF DEKALB. Mayor Povlsen read Resolution 12-94 by title only. MOTION Ald. Baker moved to pass Resolution 12-94; seconded by Ald. Teresinski. Mr. Espiritu outlined the Guide for Council including the use of the City’s logo. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-95 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH TRI-R SYSTEMS INCORPORATED TO UPGRADE THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM (PHASE II AND A PORTION OF PHASE III). Mayor Povlsen read Resolution 12-95 by title only.  Regular City Council Meeting Minutes July 23, 2012 Page 9 of 10 MOTION Ald. Naylor moved to pass Resolution 12-95; seconded by Ald. O’Leary. Mr. Moore outlined the agreement for Council containing a portion of Phase II. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. 3. RESOLUTION 12-96 AUTHORIZING A SECOND AMENDMENT TO THE CONSTRUCTION MANAGER AGREEMENT BETWEEN THE CITY OF DEKALB, ILLINOIS AND IRVING CONSTRUCTION CO., INC. RELATING TO THE CITY OF DEKALB POLICE FACILITY. Removed from Agenda. L. REPORTS – COMMUNICATIONS: Mayor Povlsen announced that Kish Fest would take place this weekend and thanked Michael Embry for his work on the event. Mayor Povlsen and Council congratulated Chief Hicks on his promotion. Ald. Jacobson cautioned all to drive safely as NIU students will be coming back soon. Ald. Lash reminded all that bicycles also belong on the road and ride on the right side of the road. Mr. Biernacki announced there will be a “meet and greet” for Chief Hicks on August 2nd at 3:00 in Council Chambers and all are invited. Mr. Frieders announced that staff has been working on a review of Chapter 38 (Liquor) and will be bringing it before Council for discussion. Mr. Moore stated that a large rendition of the new Police Station is in the lobby and will be touring the City for the public to view. Ald. Teresinski asked when delivery of the first phase of the NIU/City analysis will be available. Mr. Biernacki replied there has been some difficulty in locating information from the township and landlords regarding vacancy data. Mr. Espiritu introduced Justyn Miller, an Intern at the City. M. RECESS FOR CLOSED SESSION: 1) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PENDING LITIGATION AS PROVIDED FOR IN 5 ILCS 120/2(c)(11). MOTION Ald. Lash moved to approve staff’s request to hold a closed session to discuss pending litigation as provided for in 5 ILCS 120/2(c)(11); seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Absent: Gallagher. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes July 23, 2012 Page 10 of 10 Mayor Povlsen closed the meeting to the public at 9:02 p.m. Mayor Povlsen opened the meeting to the public at 9:50 p.m. N. ADJOURNMENT: Ald. Lash moved to adjourn the meeting; seconded by Ald. Naylor Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 9:50 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council August 13, 2012