City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB March 11, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, March 11, 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 David Baker, Alderman Monica O’Leary and Mayor Kris Povlsen. Absent were: Alderman Kristen Lash, Alderman Brendon Gallagher, and Alderman Ronald Naylor. 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; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen stated that Ald. Naylor contacted him and advised he would be unable to attend the meeting. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF IMPROVEMENTS TO FIRE STATION #2. Chief Hicks discussed modifications and options which will bring ten-fifteen more years to the life of the building. He added that staff will manage the project to save costs. Total cost of request is approximately $200,000 which includes architect fees; money will come from the Public Safety Fund, he said. At this point staff is requesting approval to work with the architect. Mr. Espiritu stated that there is an adequate fund balance to pay for the project in the Public Safety Fund. Ald. Teresinski stated this would be the logical funding. Mayor Povlsen asked what would be a recurring funding source for the fund. Mr. Biernacki stated there will be a public safety impact fee once development of housing commences. Committee of the Whole Meeting March 11, 2013 Page 2 of 3 MOTION Ald. Teresinski moved to approve staff’s recommendation and authorized staff to work with an architect to create drawings and bid specs and seek bids to accomplish the necessary repairs and improvements; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF A TREE ORDINANCE. Mr. Moore stated that staff has conducted further research and reported to Council. He asked Council if they wanted to pursue an ordinance although there is no protection for the trees. Council discussed the item and agreed there is no need to move forward with an ordinance. 3) CONSIDERATION OF THE PREPARATION OF A FISCAL IMPACT ANALYSIS. Mr. Biernacki asked Council if they would like an analysis for Irongate and other future development projects, and, if so, under what scenario would Council want this conducted. He stated it may be possible to conduct an analysis in-house. Another option would be to contract through NIU for a cost of approximately $19,000-$20,000. Another alternative could be a blend of the two and pay a modest fee to the Center. Mayor Povlsen stated there is no need to spend the money and suggested it be done in house as long as the database is in place. Ald. Teresinski stated it is worth having the tool to see the impact on the community. Ald. Jacobson agreed. Ald. Baker asked how long it will take to complete the analysis. Mr. Biernacki replied possibly two months. Ald. Baker suggested waiting for new Council. Mr. Biernacki said it is worthwhile to initiate it at this time; it is a very flexible tool. Ald. O’Leary agreed to have it done in house. Ald. Teresinski concurred with moving forward as the intent of it would measure costs of operations, he said. MOTION Ald. Teresinski moved to direct staff to initiate the preparation of a fiscal impact analysis in house, seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 4) 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); 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 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); and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. O’Leary. Motion carried on roll call vote 5-0-3. Aye: Jacobson, Teresinski, Baker, O’Leary, Povlsen. Absent: Lash, Gallagher, Naylor. Mayor Povlsen declared the motion passed.  Committee of the Whole Meeting March 11, 2013 Page 3 of 3 Mayor Povlsen closed the meeting to the public at 6:25 p.m. Mayor Povlsen opened the meeting to the public at 6:39 p.m. D. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the meeting; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 6:39 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB March 11, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, March 11, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:00 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 Brendon Gallagher, Alderman David Baker and Alderman Monica O’Leary. Absent were Alderman Kristen Lash and Alderman Ronald Naylor. 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; Derek Hiland, Principal Planner; Jennifer Diedrich, Economics Development Coordinator; Commander John Petragallo, Carl Leoni, Crime Prevention Coordinator; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Naylor advised he would be out of town and unable to attend the meeting. B. PLEDGE OF ALLEGIANCE: Ald. Gallagher 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: Jacobson, Teresinski, Gallagher, Baker, O’Leary, Povlsen. Absent: Lash, Naylor, Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: 1. SPECIAL ITEMS ● Prairie State Legal (Kathryn Bettcher) Human Services Funding Update Ms. Bettcher described the services provided and noted that Prairie State Legal Services supports Kendall, Kane and DeKalb Counties. She stated the funding helps support the services provided. They collaborate with the other services in the area to provide the best services, she added. ASSISTIVE SERVICES WILL BE PROVIDED UPON REQUEST  Agenda, Regular Meeting of City Council, March 11, 2013, Page 2 of 7 ● Economic Development Projects Update Ms. Diedrich described the report which was separated into two sections and includes new projects. The industrial projects indicate what was extended by the City of DeKalb for the development. She pointed out that a total of 1,930 jobs were created or retained. The average number of years to recoup incentives was approximately six years, she said. The projects were approved before the business incentive guidelines, she said. ● Crime Free Housing Bureau Update Mr. Leoni thanked Council for the opportunity to head the Bureau. He has met with DARA and many of the landlords, he said. The landlord response has been positive, he said. He reports problems to the landlords when a tenant is arrested on the property with thirty-two cases opened. Crimes include fighting, disorderly house, domestic battery, felony drug charges, discharge of firearm, home invasion, etc. Many tenants as a result have been vacated from the premises due to these charges, he added. He described that some of the problems arose with out-of-town landlords. However, some problems also have occurred with in-town landlords. Domestic violence is a major problem and he hopes to do some liaison work with Safe Passage, he said. Crime-free landlord training is coming soon, he added. Ald. Jacobson asked if there is outreach to the landlords to advise there is an April 30 deadline to register. Mr. Leoni stated it will be on Channel 14, on the water bills and on the website. Ald. Teresinski stated it was critical to learn of trends, arrests and how effective the Bureau will be and have that data available. Mayor Povlsen asked if we will assist landlords with a better job of screening tenants. Mr. Leoni replied this will be handled during landlord training. ● Resident Officer Update Commander Petragallo stated the Resident Officer Program (ROP) began in September 2012 when Officer Burke moved to 624 N. 11th Street. The Police believe this will help improve the neighborhood by empowering the residents. He attends PTA meetings, neighborhood watch groups and has attended many other events. He is becoming familiar with the students and parents at Littlejohn. He is learning Spanish and has developed a relationship with Connexion Communidad. Some goals of the program include, reducing fear, building relationships with the Police, becoming a liaison with City departments and social service agencies, identifying problems, helping develop community organizations, and participating in youth activities. A survey was recently sent out to residents and plans are to conduct another survey in nine months to gauge the success of program. Commander Petragallo believes the program will not only benefit the Pleasant Street neighborhood, but the entire City. ● Administrative Tow Update Chief Lowery stated the crime-free housing bureau works hand in hand with the community and hopefully reduces crime. The people who are moving out are due to the fact that the City is working with the landlords, he said. The ROP is about relationship building, accountability and bridging the gap. The administrative tow update will reduce crime, Chief said. Police have towed 78 vehicles in the first 42 days. Tows are done with an incident involving a crime. Many have seemed less concerned with the charges and more concerned with their towed car and have said they do not ASSISTIVE SERVICES WILL BE PROVIDED UPON REQUEST  Agenda, Regular Meeting of City Council, March 11, 2013, Page 3 of 7 want to come back to DeKalb, he said. He wants the message sent this is not the community to commit crimes. ● Prosecution of Ordinance Violations Update Mr. Frieders stated that a process has been implemented to induce people to comply. After attempting other methods of enforcement, we are returning to warrants, he said. The message being sent is if you are not in compliance, the warrant will be the result. This does not apply to parking tickets, he said. However, the City is looking into overdue and multiple parking tickets and will prosecute them through the administrative hearing process. ● Proclamation: Earth Hour – March 23, 2013 – 8:30 to 9:30 pm Mayor Povlsen read the Proclamation declaring March 23, 2013 from 8:30-9:30 pm as Earth Hour. 2. APPROVAL OF MAYOR APPOINTMENTS: Appointment of Evan Stravers to Plan and Zoning Commission MOTION Ald. Teresinski moved to approve Evan Stravers to the Plan and Zoning Commission; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3. CITIZENS’ COMMENTS Ms. Kay Shelton, DeKalb, Illinois, stated that League of Women Voters will hold a candidates’ night on March 20 at 6:30 p.m. Also, she said, this is the 100th anniversary of the Lincoln Highway and many events are planned: May 28 at the Egyptian Theatre which is part of a two- day event throughout Illinois; Thursday, June 27 will have a cross-country tour of Lincoln Highway; July 10 the American Car Club of Norway will be on the Highway with 120 vehicles coming from across the Atlantic. Mr. Don Henderson, DeKalb, IL disagreed with some of Chief Lowery’s comments about the towing ordinance. He noted there is no policy statement where the purpose of the statute is explained, and no explanation for the administrative fee. If it is a DUI and there is no one else in the car, it should be towed, but when a car is being towed because it interferes with traffic, it is at the discretion of the Police according to the ordinance. There is no discretion; there will be a tow, he said. Notice of hearing indicates there may be additional costs – that is not in the ordinance, he said. Mayor Povlsen asked Mr. Frieders to meet with Mr. Henderson on the issues he raised. Mr. Frieders stated that many of the issues he raised were addressed with Council previously to address crime. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Gallagher moved to approve the Consent Agenda; seconded by Ald. O’Leary. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Baker, O’Leary, Povlsen. Absent: Lash, Naylor, Mayor Povlsen declared the motion passed. ASSISTIVE SERVICES WILL BE PROVIDED UPON REQUEST  Agenda, Regular Meeting of City Council, March 11, 2013, Page 4 of 7 MOTION Ald. Teresinski moved to approve the Consent Agenda listings; seconded by Ald. Gallagher. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Baker, O’Leary, Povlsen. Absent: Lash, Naylor, Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: February 25, 2013 Regular Meeting: February 25, 2013 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Airport Advisory Board Minutes: December 4, 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 13-08: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, BY REPEALING CHAPTER 37, “GAMES OF CHANCE – RAFFLES” IN ITS ENTIRETY. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 13-13: APPROVING AND AUTHORIZING EXECUTION OF A SECOND AMENDED AND RESTATED DECLARATION OF TRUST WITH THE ILLINOIS METROPOLITAN INVESTMENT FUND. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: 1. APPROVE STAFF’S REQUEST TO AWARD THE LIGHTING IMPROVEMENTS IN THE NORTH 5TH WARD HISTORICAL DISTRICT TO VIRGIL COOK & SON IN THE AMOUNT OF $73,182.56. MOTION Ald. Teresinski moved to approve staff’s request to award the lighting improvements in the North 5th Ward Historical District to Virgil Cook and Son in the amount of $73,182.56; seconded by Ald. O’Leary. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Baker, O’Leary, Povlsen. Absent: Lash, Naylor, Mayor Povlsen declared the motion passed. 2. APPROVE STAFF’S REQUEST TO AWARD THE BID FOR REPAIRS AND IMPROVEMENTS AT FIRE STATION #3 TO SW ROOFING AND CONSTRUCTION IN THE AMOUNT OF $32,279.00. MOTION Ald. Gallagher moved to approve staff’s request to award the bid for repairs and improvements at Fire Station #3 to SW Roofing and Construction in the amount of $32,279.00; seconded by Ald. O’Leary. ASSISTIVE SERVICES WILL BE PROVIDED UPON REQUEST  Agenda, Regular Meeting of City Council, March 11, 2013, Page 5 of 7 Chief Hicks stated the roof is in dire need of replacement. Three proposals were submitted and all three include prevailing wage. A budget amendment later in the Agenda will be discussed to complete other repairs and this bid. Staff will manage the project, he said. VOTE Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Baker, O’Leary, Povlsen. Absent: Lash, Naylor, Mayor Povlsen declared the motion passed. G. PUBLIC HEARINGS: NONE. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: ORDINANCE 13-09: AMENDING ORDINANCE 12-69, WHICH APPROVED THE PLANNED DEVELOPMENT COMMERCIAL “PD-C” ZONING DISTRICT FOR 700 WEST LINCOLN HIGHWAY AND GRANTED APPROVAL OF A FINAL PLAN FOR A TWO STORY PUBLIC FACILITY (POLICE STATION) AND A ’160 COMMUNICATIONS TOWER. Mayor Povlsen read Ordinance 13-09 by title only. MOTION Ald. Teresinski moved to pass Ordinance 13-09; seconded by Ald. Teresinski. Mr. Moore explained the costs and funding source. VOTE Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Baker, O’Leary, Povlsen. Absent: Lash, Naylor, Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 13-10: AMENDING ORDINANCE 12-39, WHICH APPROVED THE CITY OF DEKALB, ILLINOIS, FY 2013 BUDGET FOR IMPROVEMENTS AT FIRE STATION #3. Mayor Povlsen read Ordinance 13-10 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 13-10; seconded by Ald. Jacobson. MOTION ASSISTIVE SERVICES WILL BE PROVIDED UPON REQUEST  Agenda, Regular Meeting of City Council, March 11, 2013, Page 6 of 7 Ald. Teresinski moved to waive second reading of Ordinance 13-10; seconded by Ald. Gallagher. Motion carried 6-0-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Baker, O’Leary, Povlsen. Absent: Lash, Naylor, Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 13-10; seconded by Ald. Gallagher. Motion carried 6- 0-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Baker, O’Leary, Povlsen. Absent: Lash, Naylor, Mayor Povlsen declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 13-14: RESOLUTION AMENDING THE AGREEMENT WITH PRESERVATION OF THE EGYPTIAN THEATRE (P.E.T.) FOR THE PURPOSE OF FINANCING FIRE SPRINKLER AND OTHER FACILITY IMPROVEMENTS TO THE EGYPTIAN THEATRE WITH GENERAL OBLIGATION BOND PROCEEDS/ TAX INCREMENT FINANCING FUNDS. Mayor Povlsen read Resolution 13-14 by title only. MOTION Ald. Teresinski moved to pass Resolution 13-14; seconded by Ald. Baker. Ms. Diedrich updated council since the last meeting and advised that P.E.T. rebid the project and a low bid came in at $127,400 from Absolute Fire Protection. She noted that previously Council asked for recap of how much the City has expended to P.E.T and since 1999, the City has funded $2.2 million. Mayor Povlsen related Ald. Naylor’s concerns that the bid seemed low and asked about references. Ms. Diedrich replied she spoke with Absolute Fire and double checked the materials cost; they are standing by their bid. Additionally, they are installing the sprinkler system in the new Police Station and our Construction Manager is pleased with their work. Ryan Weckerley, President of P.E.T. thanked staff and Council for allowing extra time for the sprinkler system. Ald. Gallagher asked how much revenue the Egyptian receives annually. Mr. Alex Nerad, Manager of the Egyptian replied $300,000-$350,000. He added that money received from the City goes to capital projects and noted that the Egyptian doesn’t receive operational money from other entities. Mr. Nerad stated that personnel and ongoing maintenance costs have increased. Ald. Gallagher asked what plans are once TIF money is no longer available. Mr. Weckerley replied a membership campaign has commenced and they are hopeful this will offset this loss. Additionally, they have started a capital campaign. The challenge, he added is balancing revenue-producing events with local events. Ald. Jacobson stated that future funding needs will be issue but want to reiterate that there are no claw backs if the Egyptian is unable to operate and asked if there are any safeguards for the City. Mr. Biernacki replied that this is unique ownership; it is a quasi-public building that does not generate taxes. If it goes out of business there are much larger issues to the community, he said. ASSISTIVE SERVICES WILL BE PROVIDED UPON REQUEST  Agenda, Regular Meeting of City Council, March 11, 2013, Page 7 of 7 It is difficult if not impossible to do a claw back, he added. Additionally, Mr. Frieders stated that P.E.T does not have ownership in the building Roll Motion carried 5-1-2 on roll call vote. Aye: Teresinski, Gallagher, Baker, O’Leary, Povlsen. Nay: Jacobson. Absent: Lash, Naylor. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Ald. Teresinski reminded all of the upcoming election on April 9th and the League of Women Voters Candidates’ Night on March 20th. Mr. Biernacki stated that a special meeting is scheduled on Tuesday, March 26 with a presentation on the housing project and members from NIU will be in attendance. 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); PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); AND PENDING LITIGATION 5 ILCS 120/2(c)(11). Not acted on in this meeting. N. ADJOURNMENT: Ald. Teresinski moved to adjourn the meeting; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 8:14 p.m. ___________________________________ DIANE K. WRIGHT, City Clerk ASSISTIVE SERVICES WILL BE PROVIDED UPON REQUEST