City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB January 14, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, January 14, 2013 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, Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman Monica O’Leary and Mayor Kris Povlsen. Absent was Alderman David Baker. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney, Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works–Engineering/ Transportation; Jennifer Diedrich, Economic Development Coordinator; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF NEW TIF DISTRICT OPTIONS AND ALTERNATIVES. Mr. Biernacki stated that during the FY 2013 budget process, Council set aside funds to create the possibility of new Tax Increment Financing (TIF) districts in addition to the two active ones. He referred to a report that exhibited the potential designation of four areas as TIF districts. Council discussed and reviewed the four proposed areas which included West Lincoln Highway, Greek Row, South Fourth Street and 2131/2211 Sycamore Road. MOTION Ald. Teresinski moved to direct staff to bring back a consultant service contract to explore the designation of TIF districts for South Fourth Street and 2131/2211 Sycamore Road; seconded by Ald. Lash. Committee of the Whole Meeting January 14, 2013 Page 2 of 3 Ald. Jacobson noted that he supports the motion, but the other two areas have problems and would like to help those areas. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF A REQUEST BY THE PRESERVATION OF THE EGYPTIAN THEATRE TO AMEND THEIR FY 12-13 TIF AGREEMENT WITH THE CITY OF DEKALB. Ms. Diedrich stated that the Egyptian Theatre was granted bond money to be used toward replacement of the auditorium seats, replacement of the sound system and air conditioning system. The total cost of these improvements was $890,000. The seats and sound system projects have been completed, she said; bids on the air conditioning project were received and were much higher than expected. Additionally, she stated that the Preservation of the Egyptian Theatre (P.E.T.) is requesting that the remaining $374,080 be combined with the remaining bond monies and TIF funds to be reallocated towards a complete sprinkler system. Ald. Jacobson asked how the bidding qualification is determined. Mr. Alex Nerad, Executive Director of the Egyptian Theatre stated that the consultant developed the specifications and three bids were received. The consultant determined there was one qualified bidder. Ald. Jacobson asked Mr. Nerad additional questions on the bid process. He noted that Council has asked for an outlook of projects and added that the City has spent several million dollars on the building. Mr. Nerad pointed out that there will always be projects that need to be done in an historic building. Ald. Jacobson asked if the 2012 strategic plan has been finalized; Mr. Nerad responded it has been. He added that plans are for the Egyptian to sustain itself and be able to fund projects when TIF funds are no longer available. Council discussed further the sprinkler system request. Ald. Gallagher stated that choosing the highest bidder is the issue. He added he supports the request but asked that more due diligence be completed on the bidding. Ald. Lash stated she would like to see the Egyptian’s comprehensive plan for the future. MOTION Ald. Lash moved to direct staff to prepare a resolution amending the agreement with the P.E.T. to finance the fire sprinkler and other facility improvements; seconded by Ald. Naylor. Motion carried 4-3-1 on roll call vote. Aye: Teresinski, Lash, Naylor, Povlsen. Nay: Jacobson, Gallagher, O’Leary. Absent: Baker. Mayor Povlsen declared the motion passed. Ald. Naylor stated that consultants are hired for the qualification process and negotiating further will hold up the project and it is a disgrace to go back to the bidders. He added that the City was not involved in the bidding process. 3) CONSIDERATION OF DAVID AVENUE CLOSURE TO TRAFFIC. Mr. Maurer stated that the last home on David was demolished as part of the multi-year floodplain buyout program near Lions Park. Plans are to transfer lots to the DeKalb Park District for recreational use as Lions Park can be expanded. Staff sent a questionnaire to 27 homes along  Committee of the Whole Meeting January 14, 2013 Page 3 of 3 Dawn Court and Sharon Drive; seventeen responses were received with nine supporting the closure and eight opposed. Council discussed the proposal including traffic control, safety, visibility and access. Ms. Cindy Capek, Executive Director of the DeKalb Park District stated the District will look to develop a master plan for the park. She noted that Lions Park is one of the most highly used parks and needs drastic improvements. Also, she said, the Park District is sensitive to the neighbors. Ald. Naylor stated that this is an opportunity for the City and Park District and worth pursuing. Mayor Povlsen agreed this is a prospect for green space. MOTION Ald. Jacobson moved to direct staff to bring back an ordinance for the closure of David Avenue; seconded by Ald. Gallagher. Mr. Biernacki noted that the vacation of a street will require a public hearing. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); SALE OF REAL PROPERTY 5 ILCS 120/2(c)(6) AND PENDING LITIGATION 5 ILCS 120/2(c)(11). 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 7:08 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council January 28, 2013  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB January 14, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, January 14, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:19 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 7:25 p.m.), Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, and Alderman Monica O’Leary. Absent was Alderman David Baker. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager, Dean Frieders, City Attorney; Gene Lowery, Police Chief, Eric Hicks, 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. B. PLEDGE OF ALLEGIANCE: Ald. O’Leary led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Gallagher moved to approve the Agenda; seconded by Ald. Teresinski. Motion carried 6-0- 2 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Jacobson, Baker. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: I. SPECIAL ITEMS ● Lights of Distinction Awards: Mr. and Mrs. Bargiel 348 Longvalley Lane Tex and Barbara Sherman 302 Laurel Lane Regular City Council Meeting Minutes January 14, 2012 Page 2 of 7 Bob and Donna Portscheller 3028 Wedgewood Drive Lena Ramm 911 Quail Run Mr. and Mrs. Bob Carlson 3 Wedgewood Cove Clarke and Beverly Renard 920 South 7th Street Mayor Povlsen presented Lights of Distinction awards to the above for their holiday lighting in 2005. II. APPROVAL OF MAYOR APPOINTMENTS: NONE. III. CITIZENS’ COMMENTS Ms. Bessie Chronopoulos, DeKalb, Illinois thanked Council for their efforts in helping Kiwanis Park remain a park. She asked that an ordinance be passed to prevent ComEd from tree trimming in the future on the DeKalb Nature Trail. Also, she said, she was happy to see that Council is considering designating South Fourth Street as a TIF district. She asked that the City provide an explanation of TIFs to the public through the web or media for better understanding. Alderman Jacobson arrived 7:25pm E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Teresinski moved to approve the Consent Agenda; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to approve the items on the Consent Agenda; seconded by Ald. Teresinski Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Closed Session Minutes Committee of the Whole: December 10, 2012 Regular Meeting: December 10, 2012 Approved in the Consent Agenda by Omnibus Vote.  Regular City Council Meeting Minutes January 14, 2012 Page 3 of 7 2. RECEIVE AND FILE: Airport Advisory Minutes: October 16, 2012 Received and filed in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: NONE. G. PUBLIC HEARINGS: NONE. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: NONE. J. ORDINANCES – FIRST READING: 1. ORDINANCE 13-01 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 33, ‘PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS” FOR THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 13-01 by title only. MOTION Ald. Naylor moved to receive and file Ordinance 13-01; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 13-01; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 13-01; seconded by Ald. Gallagher. Motion carried 7- 0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 2. ORDINANCE 13-02 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 16, “FIRE LIFE SAFETY” AND CHAPTER 27, “GAS STATION LICENSES” PERTAINING TO FIRE LIFE SAFETY AND GAS STATION LICENSES FOR THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 13-02 by title only. Regular City Council Meeting Minutes January 14, 2012 Page 4 of 7 MOTION Ald. Naylor moved to receive and file Ordinance 13-02; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to waive second reading of Ordinance 13-02; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 13-02; seconded by Ald. O’Leary. Motion carried 7-0- 1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 3. ORDINANCE 13-03 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 52, “OFFENSES AGAINST PUBLIC PEACE” PERTAINING TO POSSESSION OF CANNABIS OR DRUG PARAPHERNALIA FOR THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 13-03 by title only. MOTION Ald. Jacobson moved to receive and file Ordinance 13-03; seconded by Ald. Naylor. Ms. Laura Miller, DeKalb, Illinois, as a representative from DCP noted that marijuana has over 400 known chemicals. Also, she said, our youth are more willing to drive with someone who is under the influence of marijuana. She added she is concerned if there are less consequences, people could obtain it more easily. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 13-03; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to pass Ordinance 13-03; seconded by Ald. Gallagher. Motion carried 7-0- 1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 4. ORDINANCE 13-04 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38, “INTOXICATING LIQUORS” FOR THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 13-04 by title only.  Regular City Council Meeting Minutes January 14, 2012 Page 5 of 7 MOTION Ald. Gallagher moved to receive and file Ordinance 13-04; seconded by Ald. Jacobson. Mr. Frieders summarized the amendments to Chapter 38. He asked that it be passed on first reading tonight. He added it is staff’s intent to take Council’s feedback, update the ordinance and host a meeting with liquor licensees. Mayor Povlsen noted that this is an important step forward to make the Code more understandable. It will maintain safety while not compromising any of the restrictions. He thanked the Liquor Commission, Mr. Frieders and Mary Jo Harms for their efforts. Council extensively discussed the amendments and asked questions of Mr. Frieders for clarification. Ald. Naylor expressed concern regarding control and operations. He noted it is confusing for some businesses to have a bar and restaurant license. Additionally, he asked about the role of the Liquor Commission. Also, he said he had difficulty with the fee structure and would like to see the fees more leveled. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 5. ORDINANCE 13-05 PROPOSING A SPECIAL SERVICE AREA NO. 14 FOR HEARTLAND FIELDS SUBDIVISION IN THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 13-05 by title only. MOTION Ald. Jacobson moved to receive and file Ordinance 13-05; seconded by Ald. Teresinski. Mr. Maurer stated that the ordinance addresses the establishment of a Special Service Area in Heartland Fields subdivision to fund the costs of providing services required to keep the detention basin operational. A public hearing will be held, he said, to allow the residents to speak on the issue. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to waive second reading of Ordinance 13-05; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 13-05; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes January 14, 2012 Page 6 of 7 K. RESOLUTIONS: 1. RESOLUTION 13-01 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO ENTER INTO A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION FOR BETHANY ROAD WIDENING IMPROVEMENT FUNDS IN THE AMOUNT OF $1,250,000, SECTION 10-00167-01-WR. Mayor Povlsen read Resolution 13-01 by title only. MOTION Ald. Gallagher moved to pass Resolution 13-01; seconded by Ald. Teresinski. Mr. Maurer explained that a federal participation agreement must be in place between the City and Illinois Department of Transportation for distribution up to 80% federal funds on the estimated $1,250,000 total project cost. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 2. RESOLUTION 13-02 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN ENGINEERING AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING DESIGN SERVICES FOR THE WATER MAIN REPLACEMENT PROJECT ON SOUTH FIRST STREET. Mayor Povlsen read Resolution 13-02 by title only. MOTION Ald. Teresinski moved to pass Resolution 13-02; seconded by Ald. Gallagher. Mr. Maurer explained the agreement would comprise engineering design services including environmental testing for soil disposal for replacement of approximately 3,500 lineal feet of water main on South First Street between West Taylor and Lincoln Highway. Council discussed the agreement and asked questions of Mr. Maurer. Ald. Teresinski asked if there is an approach to a long term plan. Ald. Naylor stated that Council should give direction to staff on how they want to proceed on taking quotes and bidding since the item was addressed at the previous meeting with another company. He added it is unprofessional when one company’s numbers are exposed. VOTE Motion carried 6-1-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, O’Leary, Povlsen. Nay: Naylor. Absent: Baker. Mayor Povlsen declared the motion passed.  Regular City Council Meeting Minutes January 14, 2012 Page 7 of 7 L. REPORTS – COMMUNICATIONS: Mayor Povlsen read a statement of principles against illegal guns signed by 600 mayors. He added that this Friday at 150 North First Street a seminar will be held regarding living peacefully; Chief Lowery will be a speaker. Mayor Povlsen and Council congratulated the NIU Huskies for their accomplishments this season. Also, they congratulated the DeKalb High School Marching Band for their Sugar Bowl trip and acknowledgements. Ald. Teresinski noted that plans are to meet with the community, ComEd, Park District and others to move forward to restoring the Nature Trail. Also, he said, it is an excellent time for citizen participation in the TIF districts. Ald. Gallagher requested that residents keep their sidewalks clean. He commended Mr. Frieders for the work done on Chapter 38. Mr. Frieders stated that the Municipal Code updates included the cooperation of Police, Fire and City Clerk’s departments. Chief Lowery applauded the recent efforts of Officers Brown and Johnson for life saving measures which resulted in saving a life. Chief Hicks noted the Fire Department staff also had a recent cardiac save. M. RECESS FOR CLOSED SESSION: 1) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); SALE OF REAL PROPERTY 5 ILCS 120/2(c)(6) AND PENDING LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Jacobson moved to approve staff’s request to hold a closed session to discuss Purchase of Real Property 5 ILCS 120/2(c)(5); Sale of Real Property 5 ILCS 120/2(c)(6) and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. Teresinski. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 8:25 p.m. Mayor Povlsen opened the meeting to the public at 9:10 p.m. N. 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 9:10 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council January 28, 2013