City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB March 25, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, March 25, 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 David Baker, Alderman Monica O’Leary and Mayor Kris Povlsen. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney, Gene Lowery, Police Chief; Police Commander Jason Leverton; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 24, “BUILDING CODE” BY DELETING ELEVATOR INSPECTIONS. Mr. Moore advised that the State of Illinois is changing requirements for the process of elevator inspections. Currently, the City contracts through an independent contractor to inspect the City- wide elevators and then invoices the owners for the inspections. The City will now not be obligated to act as an intermediary on the inspections. The State Fire Marshall will perform the service at no cost to the City. Committee of the Whole Meeting March 25, 2013 Page 2 of 3 Council asked questions of Chief Hicks regarding the City’s involvement. Chief Hicks responded that it would be difficult for the City to follow up with these changes and the costs may be out of reach for some of the local property owners. He added that the Fire Department has no involvement with the inspections. MOTION Ald. Lash moved to approve staff’s recommendation to amend Chapter 24 of the Municipal Code and directed staff to prepare an ordinance for formal Council approval; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 51, TRAFFIC, SECTION 51.21, “REGULATING AND PROHIBITING PARKING OF MOTOR VEHICLES DURING SNOW EMERGENCY; ESTABLISHING SNOW EMERGENCY ROUTES,” AND SECTION 51.22, “POWER OF MAYOR TO PROHIBIT PARKING ON A PART OR ALL OF THE STREETS IN THE CITY OF DEKALB DURING A SNOW EMERGENCY FOR THE PURPOSE OF SNOW REMOVAL.” Mr. Moore advised that currently the Code provides that the Mayor enact snow emergencies. He stated that staff recommends that the authorization be moved to the City Manager for more efficiency. MOTION Ald. Teresinski moved to approve staff’s recommendation to amend Section 51.22 of the Municipal Code and directed staff to prepare an ordinance for formal Council approval; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mr. Moore explained that the amendment for Section 51.21 would clarify language during snow emergencies to include that the parking is still prohibited until the actual prohibition is lifted. MOTION Ald. Gallagher moved to approve staff’s recommendation to amend Section 51.21 of the Municipal Code and directed staff to prepare an ordinance for formal Council approval; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF AMENDING THE MUNICIPAL CODE, CHAPTER 52, “OFFENSES AGAINST PUBLIC PEACE – SAFETY AND MORALS,” SECTION 52.10, “FIRE ARMS AND AIR GUNS.” Police Commander Jason Leverton explained the definitions of fire arms and air guns. The recommendation, he said, is to have projectile weapons unlawful in addition to those listed in the Code as they can do damage. Specifically, it would make it unlawful to carry or display guns that shoot plastic pellet guns. Council discussed the issue and asked questions of Commander Leverton.  Committee of the Whole Meeting March 25, 2013 Page 3 of 3 MOTION Ald. Gallagher moved to approve staff’s recommendation to amend Chapter 52 of the Municipal Code and directed staff to prepare an ordinance for formal Council approval. 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); PENDING LITIGATION 5 ILCS 120/2(c)(11. MOTION Ald. Gallagher moved 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) and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. Lash. Motion carried on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 6:30 p.m. Mayor Povlsen opened the meeting to the public at 6:56 p.m. D. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the Committee of the Whole meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. ____________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council April 8, 2013  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB March 25, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, March 25, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:05 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Mayor Kris Povlsen; Alderman David Jacobson, Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. 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; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Naylor led The Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mayor Povlsen asked that Items J3 and K1 be moved forward on the Agenda, prior to the Public Hearings so that members of the public in attendance for the Library items can leave after these items, if they desire. MOTION Ald. Teresinski moved to approve the Agenda; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: 1. Special Items • Ben Gordon Center Human Services Funding Update Ms. Jendryka presented the services offered by Ben Gordon and thanked Council for its continuing funding. • DCP/SAFE Human Services Funding Update Laura Miller advised Council of the services offered and thanked Council for its support. Regular City Council Meeting Minutes March 25, 2013 Page 2 of 11 • Proclamation Declaring April as National Fair Housing Month Mayor Povlsen read the Proclamation declaring April as National Fair Housing Month. 2. Approval of Mayor Appointments NONE. 3. Citizens’ Comments NONE. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Teresinski asked that the Regular March 11, 2013 Minutes be removed from the Consent Agenda and moved to approve the remainder of the Consent Agenda items. Motion carried 7-1. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Nay: Jacobson. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to approve the Consent Agenda listings as amended; seconded by Ald. Gallagher. Motion carried 7-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Nay: Jacobson. Mayor Povlsen declared the motion passed. 1. Approval of City Council Minutes: Committee of the Whole: March 11, 2013 Approved by Omnibus Vote. Regular Meeting: March 11, 2013 MOTION Ald. Teresinski moved to approve the Regular Meeting Minutes of March 11, 2013; seconded by Ald. Gallagher. Ald. Teresinski asked that Minutes reflect the number of evictions since the Crime-Free Housing has been implemented under Special Items and the staffing numbers in the Police Department under Reports. Clerk Wright would make the changes to the Regular Meeting Minutes. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2. Receive and File: Airport Advisory Board Minutes: February 19, 2013 Citizen’s Community Enhancement Commission Minutes: November 19, 2012 Planning and Zoning Commission: Regular Meeting February 13, 2013 Finance Division Bank Balance & Bank Statement: February 2013 Finance Division Check list: February 2013 Received and filed by Omnibus Vote.  Regular City Council Meeting Minutes March 25, 2013 Page 3 of 11 3. ORDINANCE 13-11: PUBLISHING THE OFFICIAL ZONING MAP OF THE CITY OF DEKALB, ILLINOIS. Approved by Omnibus Vote. 4. ORDINANCE 13-12: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 51, “TRAFFIC,” SCHEDULE A, “ONE WAY TRAFFIC,” AND AUTHORIZING AN EASEMENT AGREEMENT TO MCDONALDS CORPORATION. Approved by Omnibus Vote. 5. ORDINANCE 13-13: REAPPROPTRIATING UNEXPENDED PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2010A, OF THE CITY OF DEKALB, ILLINOIS FOR THE PURPOSE OF FINANCING FACILITY IMPROVEMENTS TO THE EGYPTIAN THEATRE. Approved by Omnibus Vote. 6. RESOLUTION 13-15: AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN ENGINEERING AGREEMENT FOR CONSTRUCTION SERVICES WITH WENDLER ENGINEERING SERVICES, INC. FOR INSPECTION SERVICES IN THE AMOUNT OF $125,557.75 FOR CONSTRUCTION INSPECTION AND MATERIAL TESTING SERVICES FOR BETHANY ROAD WIDENING, SECTION 10-00167-01-WR. Approved by Omnibus Vote. 7. RESOLUTION 13-16: APPROPRIATING MOTOR FUEL TAX FUNDS UNDER THE ILLINOIS HIGHWAY CODE IN THE AMOUNT OF $210,000 FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR BETHANY ROAD FINAL STREET WIDENING EAST OF NORTH FIRST STREET, SECTION 10-00167- 01-WR. Approved by Omnibus Vote. 8. RESOLUTION 13-17: ADOPTING CITY OF DEKALB, ILLINOIS TRANSPORTATION TITLE VI PLAN. Approved by Omnibus Vote. Regular City Council Meeting Minutes March 25, 2013 Page 4 of 11 F. PURCHASE AND BID AWARDS: 1. APPROVE STAFF’S REQUEST TO CONTRACT WITH THE STATE OF ILLINOIS TO PURCHASE THE FY 2014 ROCK SALT SUPPLY IN THE NOT- TO-EXCEED AMOUNT OF $210,000.00. MOTION Ald. Gallagher moved to approve staff’s request to contract with the State of Illinois to purchase the FY 2014 rock salt supply in the not-to-exceed amount of $210,000.00; seconded by Ald. Naylor. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. J. 3. ORDINANCE 13-16: AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,960,000 GENERAL OBLIGATION BONDS OF THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 13-16 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 13-16; seconded by Ald. Lash. Mr. Espiritu advised that the Library has amended its original plan for the building from $24M to $20M. The original project included an $8.5M grant from the State, $1M from the Library Fund balance, $1M from TIF, $7.5M in general obligation bonds to be issued, and $6M raised through private donations. The Library now proposes funding for the $20M project would come from the $8.5M grant from the State, $1M from the Library Fund balance, $2M from TIF, $6.5M in general obligation bonds to be issued, and $2M to be raised through private donations. This is option two in the packet, he said. He pointed out there is no reduction in planned TIF projects if the City would to proceed with the TIF funding. Mayor Povlsen applauded the work done on this project thus far. Ald. Lash favored option two. Mr. Barry Schrader, DeKalb, Illinois spoke in favor of the project and said he and his wife planned on donating $500. Mr. Bill Colvin, DeKalb, Illinois questioned how the project can be reduced. He added that using TIF funds for 3rd Street is not the right thing to do. Additionally, he asked who is liable if the loan isn’t paid back to the banks. Also he asked if the grant amount from the State changes because the project has been reduced. Mr. Don Richgels, DeKalb, Illinois spoke in favor of the project. Ms. Dee Coover, Director of the Library stated that the roofing portion of the project will be phased in. There will be a separate capital fund, and possible rehab with separate funds, she said. The Library submitted a revised budget to the State that was accepted. Should the Library default, she said, it will come out of the current operating expenses. She added that all three banks that are providing funding have examined the project and funding thoroughly. Mr. Don McKay, architect for the project, explained that some items may show as alternates when the project goes to bid. He added that certain things will have to be done to bring the building up to code.  Regular City Council Meeting Minutes March 25, 2013 Page 5 of 11 Ald. Jacobson stated that as much as he was an opponent of giving TIF funding to Olive Garden, at least it was used as a tax base and to create jobs. He added he is leery to use TIF for public buildings. Although he said, he believes the Library is important, right now it doesn’t make financial sense. Also, he said, if the City needed something else in the next five years, the money will not be there. Ald. Lash stated the Library may not produce tax revenue, but it draws people into downtown which produces more sales tax revenue. Ald. Gallagher stated that 42.5% of the funding comes from the State of Illinois. He added this is an opportunity for Council to get behind this project and have the Library start their philanthropic project. He said he continues to be surprised by Ald. Jacobson who cannot understand – these are guidelines, Ald. Gallagher said and totally supports option two. Ald. Naylor added his support for option two and stated he would like to see the community step up. Also, he said, it is a good use of TIF funds. Ald. Baker stated that not only is he a “yes” vote for the project, but wanted to be contacted to contribute. Ald. Jacobson said that stating the rules are a guide is a reason to describe them as a moving target. He added that TIF is for economic development; there should be a return on investment and should be leveraged to get private investment on top of that. Ald. Teresinski stated the credibility has been achieved through thorough vetting and substantial reduction in cost. There was risk at $6M in private contributions, he said; the citizens should be made aware of that and understand this risk has diminished. Talk of excessive spending is a concern to him; Council has been always been concerned about bringing it under control, he said. He added he has been here five years; expenses have been looked at, and each year the City has not increased its operating budget. He noted that the budget in 2013 is lower than in 2008 which indicates there is an 8% reduction in spending; there is no excess spending, he said. Fund balances have grown; in 2008 Council looked at fund balances and had $1.9M in the bank. Council set goals and achieved improved fund balances, and now there is over $11M in fund balances. He pointed out that the risks associated with this obligation are negated. Council has been very careful in the use of these funds, he said and there is adequate funding for this project. The City has been prudent; and the Library Board has been prudent, he stated. Finally, he said, he fully supports this and the use of TIF funds; he stated he doesn’t know what sells houses better than schools and libraries. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinance 13-16; seconded by Ald. Baker. Motion carried 7-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Nay: Jacobson. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 13-16; seconded by Ald. Baker. Motion carried 7-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Nay: Jacobson. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes March 25, 2013 Page 6 of 11 K.1 RESOLUTION 13-18: APPROPRIATING CENTRAL AREA TAX INCREMENT FUNDS IN THE AMOUNT OF $2,000,000 TO THE DEKALB PUBLIC LIBRARY FOR LIBRARY EXPANSION. Mayor Povlsen read Resolution 13-18 by title only. MOTION Ald. Lash moved to pass Resolution 13-18; seconded by Ald. Naylor. Motion carried 7-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Nay: Jacobson. Mayor Povlsen declared the motion passed. Mayor Povlsen thanked all who worked on this project to move it forward, particularly Dee Coover. G. PUBLIC HEARINGS: 1. PUBLIC HEARING ON ESTABLISHING SPECIAL SERVICE AREA #14 FOR HEARTLAND FIELDS SUBDIVISION. Mayor Povlsen opened the public hearing at 8:00 p.m. Mr. Maurer stated that the former Homeowners’ Association (HOA) went bankrupt and this SSA would provide those types of services. Mr. Maurer stated the estimates of maintenance could be between $200-$300 per year per home. There are forty-one (41) homes, he said. He added this includes mowing, and possible repair of pipe and additional services as needed. Council discussed the issue and asked questions of Mr. Maurer. A homeowner asked about the drainage and would she be covered if drainage damaged her property. Mr. Frieders replied it would depend on the nature of the utility in question. The purpose of the SSA is for common storm structures where everyone benefits. She asked if the fee will increase. Mr. Frieders replied he anticipates that changes in cost will probably happen but has no reason to think there are major planned expenses in the near future. Another citizen spoke and stated the $200-$300 seems high to mow an empty lot; he would have no problem with $100, he said. Mr. Frieders replied that any monies will go into escrow; the fees are not simply for mowing. He added that this public hearing contemplates if an SSA should be created; we are not issuing a levy amount today, he said, and the amount may, in fact, be lower. There is no reason for the City to leverage at a higher rate. He added that if the SSA is created and Council wants to budget for it, it can be challenged. A citizen spoke on behalf of her mother who lives in the area. She asked if it is possible for the neighborhood to create a Homeowners’ Association. Mr. Frieders replied affirmatively. He added that notices were mailed to the homeowners several months ago and no one indicated a need for the Association. He added that if a new development came to DeKalb, the City would propose an SSA in case the HOA fails. Even if the residents decide to form an HOA, it would still be his recommendation to establish the SSA and keep it dormant until necessary, he said. There being no further comments, Mayor Povlsen closed the public hearing at 8:25 p.m.  Regular City Council Meeting Minutes March 25, 2013 Page 7 of 11 2. PUBLIC HEARING ON IRONGATE ANNEXATION AGREEMENT. Mayor Povlsen opened the public hearing at 8:25 p.m. Mr. John Whitt, engineer, spoke on behalf of Gary Cordes and some property owners. He addressed the drainage issue and raised concerns. Mr. Jim Mason, DeKalb, Illinois stated he never asked the City for anything when developing. If someone wants to come and build they should do it on their own, he said. Ms. Bessie Chronopoulos, DeKalb, Illinois raised concerns about density, drainage and the layout of the development. She added that the development is not a good fit. Additionally, she stated she was appalled at the amount of staff time spent on the project and suggested that it is time to use those talents to deal with the existing homes and begin a City-wide rehab program. Ms. Laura Boyer, DeKalb, Illinois, a broker with Coldwell Banker said she would share some input from the Realtors Board. She noted there is a definite need for new homes in DeKalb. She stated that Shodeen has a good reputation and will bring a good product to DeKalb. Growth in housing will promote growth in revenue, she said. There is a need for new inventory of homes for clients as buyers are waiting for newer homes. Mr. Roger Faivre, DeKalb, Illinois, owns farm property north of Bethany and west of the grade school. He said he doesn’t have an issue with the development, but is concerned about drainage. He pointed out that Rivermist has created drainage issues and each time there is 1” or less of water the properties get flooded and the banks of the drainage ditch are eroded. He asked that all of the proper steps are taken to avoid this with this development. Mr. Roger Chilton, DeKalb, Illinois stated it was decided that the area north of Dresser along Normal Road’s right-of-way would be green area. He said he just discovered that has changed and it is not proposed that the green area be part of the development. He asked for a guarantee that it will not be changed to commercial property or multiple housing. Mr. Jon Sauser, DeKalb, Illinois showed photos of Lincoln Highway property owned by Shodeen and noted Shodeen has failed to develop the property. He noted that NIU enrollment is 1,000 less than this time last year. DeKalb doesn’t need more housing, he said. Mr. Steve Story, DeKalb, Illinois stated he is a farm owner near the development. He addressed the issue of water and noted any project on the east side of Annie Glidden will have to address this. Ald. Gallagher noted the comments pro and con on the issue. He added he was glad to see that Shodeen was 95% in compliance with the project. He said that he welcomed the development which will create jobs. Ald. Baker commented that Shodeen must ensure it can sell the homes and not turn into a rental community. Ald. Gallagher left the meeting at 8:58 p.m. MOTION TO EXTEND MEETING At 8:58 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. Regular City Council Meeting Minutes March 25, 2013 Page 8 of 11 Ald. Teresinski stated he wanted the project to proceed. The concern in the community, he said, is there are so many open houses, short sales and foreclosures. He added that he doesn’t think we can stay neutral; it is very difficult to stay status quo. His understanding, he said, is there are no apartments, 350 homes will be built before any townhomes and no subsidies will be given. Also, the developer has stated that nothing will be built before there is a buyer. He stated he would like to see language in the covenants to protect the community relative to rental units. Also would like parking on the streets, limits on parking in front of homes, allowances of three-four unrelated persons living in the same home addressed. Mr. Frieders noted that the covenants would provide that the HOA is the primary and the owners act through them. Ald. Gallagher returned at 9:05 p.m. Ald. Naylor said he submitted his comments to Council regarding the development. At this time, he said, he cannot support the development unless more amendments are made. He said he would like to see the development go around the high school and believes more high-end housing is needed. Drainage is a significant issue and needs to be addressed upfront, he said. There are still issues that need to be addressed, and suggested the ordinance be postponed until after the election. Ald. Baker said there is no way to prevent rentals, but they can be limited with a huge penalty reward. Mayor Povlsen said he believes DeKalb needs this development and supports it, but does not feel the support from Council. Mayor Povlsen closed the public hearing at 9:15 p.m. H. OLD BUSINESS: NONE I. ORDINANCES – SECOND READING: NONE J. ORDINANCES – FIRST READING: 1. ORDINANCE 13-14: APPROVING THE EXECUTION OF AN ANNEXATION AGREEMENT (AND THE ANNEXATION OF PROPERTY CONTEMPLATED THEREBY) FOR THE CITY OF DEKALB, ILLINOIS—IRONGATE DEVELOPMENT. Mayor Povlsen read Ordinance 13-14 by title only. MOTION Ald. Naylor moved to postpone action on Ordinance 13-14 until May 28, 2013 Regular Meeting; seconded by Ald. Baker. Mr. Biernacki said that Mr. Patzelt agreed with the May 28 date. However, the church is renting space and would like to have a permanent location and asked Council to consider the church site at the northeast corner of Pride and Dresser separate from this ordinance. He asked that while the larger project continues to be discussed that this lot be processed so that the church can move forward. Council consensus agreed with Mr. Biernacki’s suggestion.  Regular City Council Meeting Minutes March 25, 2013 Page 9 of 11 VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2. ORDINANCE 13-15: APPROVING A SPECIAL USE PERMIT TO ALLOW FOR A COMPREHENSIVE SIGNAGE PLAN ON PROPERTY ZONED “MFR-2” MULTIFAMILY RESIDENTIAL AT 830 NORTH ANNIE GLIDDEN ROAD TO ALLOW FOR VARIATIONS FROM ARTICLE “13” SIGNS OF THE UNIFIED DEVELOPMENT ORDINANCE TO ERECT CHURCH AND CAMPUS MINISTRY SIGNAGE. Mayor Povlsen read Ordinance 13-15 by title only. MOTION Ald. Naylor moved to receive and file Ordinance 13-15; seconded by Ald. O’Leary. Ald. Lash stated she would have to abstain from the discussion and vote since she is a member of the church. Mr. Hiland provided Council with background on the request. Council discussed the request and the size of the sign. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to waive second reading of Ordinance 13-15; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Naylor, Baker, O’Leary, Povlsen. Abstain: Lash. Mayor Povlsen declared the motion carried. MOTION Ald. Jacobson moved to pass Ordinance 13-15; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Naylor, Baker, O’Leary, Povlsen. Abstain: Lash. Mayor Povlsen declared the motion carried. K. RESOLUTIONS: 2. RESOLUTION 13-19: AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION FOR THE KISHWAUKEE RIVER BIKEPATH FOR PRELIMINARY ENGINEERING, SECTION 13-00182-00-BT. Mayor Povlsen read Resolution 13-19 by title only. MOTION Ald. Naylor moved to pass Resolution 13-19; seconded by Ald. Teresinski. Regular City Council Meeting Minutes March 25, 2013 Page 10 of 11 Mr. Maurer provided background of the resolution and stated the project will take eighteen (18) months for completion. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 3. RESOLUTION 13-20: AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN ENGINEERING AGREEMENT FOR 2013 STREET, ALLEY AND SIDEWALK MAINTENANCE CONSTRUCTION ASSISTANCE WITH BAXTER & WOODMAN IN THE AMOUNT OF $66,639.00. Mayor Povlsen read Resolution 13-20 by title only. MOTION Ald. Teresinski moved to pass Resolution 13-20; seconded by Ald. Gallagher. Mr. Moore explained the project will allow for both TIF and non-TIF areas. VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Mayor Povlsen thanked all who have vision for the Library and noted there is a need to be prudent but hoped those opposed will see the vision in the future. Ald. Jacobson reminded all of the upcoming election on April 9th. Ald. Teresinski noted it would be nice to see if the bike path could go near the Library. Ald. Lash thanked all for the vote on the church sign and stated she wasn’t at the last meeting because she was in Israel. Ald. Gallagher stated spring break is on for District 428. Also, he said the DeKalb theatre sign is down and getting restored. Additionally, he said, he will miss Ald. Teresinski as Second Ward Alderman for his insights and knowledge. Mr. Biernacki reminded all of the Special Meeting scheduled for March 26th on the Housing Study. Mr. Frieders stated the first admin hearing was conducted on the administrative tow ordinance and provided an update. Ms. Wright reminded all to complete their Statement of Economic Interest and file with the County Clerk’s office. M. RECESS FOR CLOSED SESSION: 1) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); COLLECTIVE BARGAINING 5 ILCS 120/2(c)(2); PENDING LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Gallagher moved 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) and Pending Litigation 5 ILCS  Regular City Council Meeting Minutes March 25, 2013 Page 11 of 11 120/2(c)(11); seconded by Ald. Lash. Motion carried on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 9:40 p.m. Mayor Povlsen opened the meeting to the public at 10:05 p.m. N. ADJOURNMENT: Ald. Jacobson moved to adjourn the Regular Meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the motion passed. ___________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council April 8, 2013