City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB June 10, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, June 10, 2013 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:03 p.m. A. ROLL CALL: City Clerk Peerboom called the roll and the following members of City Council were present: Mayor John Rey, Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ronald Naylor, and Alderman Monica O’Leary. Absent were Alderman David Jacobson and 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; Byron Wilkins, Contracted I&T Technician; Liz Peerboom, City Clerk and Tammey Higgins, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1.CONSIDERATION OF RFP FOR RECRUITMENT FIRM FOR CITY MANAGER SEARCH. Mayor Rey opened discussion with results of responses from Council on top three choices of responding recruitment firms. Discussion followed relating to next step to take and feedback results. Mayor Rey advised that Voorhees and Associates had been in the top three choices of six of the Council Members. Each alderman provided their ranking choice comments. Mayor Rey advised he had contacted local references and had spoken with Mr. Collins of the DeKalb Sanitary District who provided background on that Authority’s positive experience with Voorhees. Additional discussion followed related to interviewing process, interviewing one candidate or multiple, communication with staff as to preparation of contract documents, internal candidate submittals. Mayor Rey offered consideration of interviewing two candidates Committee of the Whole Meeting June 10, 2013 Page 2 of 2 (Voorhees and Slavin). Council agreement was that Mayor Rey and Ald. Finucane would perform the interviews. 2. CONSIDERATION OF A REPORT AND UPDATE ON CITY OPERATIONAL EFFICIENCIES RESULTING FROM CHANGES TO THE CITY CLERK’S OFFICE. Mr. Biernacki provided a brief update of the operational changes in the City Clerk’s office since the combination of duties with his Executive Assistant and the senior Deputy Clerk. He stated that the elected Clerk, Liz Peerboom would perform all state-mandated duties. He advised that the changes implemented previously by Council provided for the benefit of oversight and accountability for performance by staff and credited Diane Wright, who oversees the operations of the Clerk’s office, and her staff for the success of the changes. Mayor Rey provided a personal observation and stated over the past month he has been impressed with the accountability, cross-training, and sharing of resources. 3. 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 OR LEASE OF REAL PROPERTY 5 ILCS 120/2(C)(5) AND PENDING LITIGATION 5 ILCS 120/2(C)(11). MOTION Ald. Naylor 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 or Lease of Real Property 5 ILCS 120/2(c)(5) and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. O’Leary. Motion passed 6-2 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Jacobson, Baker. Council moved into closed session at 6:22 p.m. Meeting was closed to the public. Mayor Rey opened the meeting to the public at 7:00 p.m. D. ADJOURNMENT: Ald. Lash moved to adjourn the Committee of the Whole Meeting; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 7:00 p.m. Approved by City Council: ______________________________________ June 24, 2013 TAMMEY M. HIGGINS, Deputy City Clerk  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB June 10, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, June 10, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 7:05 p.m. A. ROLL CALL: City Clerk Peerboom called the roll and the following members of City Council were present: Mayor John Rey, Alderman David Jacobson, Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, 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; Derek Hiland, Principal Planner; Liz Peerboom, City Clerk and Diane Wright, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Lash led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mayor Rey asked that Item D.1, Certificate of Appreciation for Mark Biernacki be removed from the Agenda as it will be presented to him later this week. Ald. Lash asked to remove Item M., Closed Session from the Agenda since it was completed during Committee of the Whole. MOTION Ald. O’Leary moved to approve the Agenda as amended; seconded by Ald. Finucane. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: 1. Special Items ● Library Expansion Project Update- Dee Coover Ms. Coover stated the Library was awarded the entire amount of the grant; $11,629,453.05. She provided a recap of the grant request and the meeting held with the State. She noted that due to the amount of the grant, the building will be renovated and built in one phase rather than two as previously planned. The three local banks covered the local amount needed for the grant, she said. The Library has raised nearly $1 million thus far, she added. Regular City Council Meeting Minutes June 10, 2013 Page 2 of 12 ● Certificate of Appreciation to Mark Biernacki from Illinois City/County Management Association Removed from the Agenda. ● RESOLUTION 13-32: EXPRESSING SINCERE APPRECIATION TO MARK BIERNACKI FOR OVER NINE YEARS SERVICE TO THE CITY OF DEKALB AS CITY MANAGER. Mayor Rey read a letter from former Mayor Povlsen in his absence congratulating Mark Biernacki on his accomplishments and wishing him well in his retirement. Mayor Rey read Resolution 13-32 in its entirety. MOTION Ald. Finucane moved to pass Resolution 13-32; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Rey declared the motion passed. Mr. Biernacki stated that when he was a student at NIU he thought he thought about working for the City that he lived and attended school. This dream has been fulfilled, he said and added that he has been enriched by the nineteen years he has worked for the City. He stated that he has grown professionally, personally, raised his family here and gained many friendships. He added that he hoped the community is a better place, but knows he is a better person. He thanked Council for the opportunities made available to him and his family. Mayor Rey stated that the City will be hosting a reception for Mark this Friday between 3 and 5. 2. Approval of Mayor Appointments Advisory Commission on Disabilities- 2 year terms thru June 30, 2015 Charlotte Williams- Reappointment Michael Thomas- Reappointment Kimberly Wales- Reappointment Greg Anderson- Reappointment Airport Advisory Board- 4 year terms thru June 30, 2017 Jack Bennett- Reappointment Robert Owens- Reappointment Board of Fire/Police Commissions- 3 year term thru June 30, 2016 Amy Polzin- Reappointment Citizens’ Community Enhancement Commission- 3 year term thru June 30, 2016 Camyle Tate- Reappointment Lisa Small- Reappointment Brad Pietens- Reappointment  Regular City Council Meeting Minutes June 10, 2013 Page 3 of 12 Citizens’ Environmental Commission- 2 year term thru June 30, 2015 Melissa Burlingame- Reappointment Sharon Skala- Reappointment Kenneth Koch- Reappointment DeKalb Public Library Board- 3 year term thru June 30, 2016 Susan Richter- Reappointment Clarence Casella- Reappointment Alan Genis- Reappointment Economic Development Committee- 3 year term thru June 30, 2016 Austin Quick- Reappointment Appointment of Tom Teresinski to the Economic Development Committee through June 30, 2014 (to complete John Rey’s term) Human Relations Commission- 3 year term thru June 30, 2016 Norden Gilbert- Reappointment Plan and Zoning Commission- 5 year term thru June 30, 2018 Matthew Crull- Reappointment Mayor Rey read the list of Mayoral appointments. MOTION Ald. Lash moved to approve the listing of Mayoral appointments; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Rey declared the motion passed. 3. Citizens’ Comments Ms. Chendra Patten spoke regarding her concerns regarding the felons living in DeKalb. She stated there is no avenue for felons to find a job or get educated. She asked if there are any programs implemented to redirect the felons to keep the crime level down. If not, she said, the crime level will increase this summer. Mayor Rey stated the Kishwaukee College offers assistance for job search at the Lincoln Highway site. Ms. Patten stated they do not work with felons. Mayor Rey stated staff will look at her concerns to see what can be done. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Snow moved to approve the Consent Agenda; seconded by Ald. O’Leary. Motion carried 7- 0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to approve the listing of Consent Agenda items; seconded by Ald. Snow. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes: Committee of the Whole Meeting: May 28, 2013 Regular Meeting: May 28, 2013 Regular City Council Meeting Minutes June 10, 2013 Page 4 of 12 Approved in the Consent Agenda by Omnibus Vote. 2. Receive and File: None. 3. RESOLUTION NO. 13-33: AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, ON BEHALF OF THE DEKALB-SYCAMORE AREA TRANSPORTATION STUDY, FOR TRANSPORTATION PLANNING FUNDS FOR THE PERIOD OF BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2014. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION NO. 13-34: RESOLUTION OF APPRECIATION AND SUPPORT FOR GRANT FUNDING FOR DEKALB PUBLIC LIBRARY. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASE AND BID AWARDS: 1. APPROVE STAFF’S RECOMMENDATION FOR THE PURCHASE AND INSTALLATION OF FIBER FOR THE AIRPORT FROM OUTSIDE PLANT SERVICES IN THE AMOUNT OF $39,961.76. MOTION Ald. Finucane moved to approve staff’s recommendation for the purchase and installation of fiber for the Airport from Outside Plant Services in the amount of $39,961.76; seconded by Ald. Lash. Mr. Moore provided an update of the purchase and installation which would bring the airport into the City’s network. This will provide cameras and remote viewing, he added. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 2. APPROVE STAFF’S RECOMMENDATION TO AWARD THE BID FOR THE VAC MOBILITY AND TRANSIT BUS ROUTES TO ELLIOTT & WOOD IN THE AMOUNT OF $82,500.17. MOTION Ald. Naylor moved to approve staff’s recommendation to award the bid for the VAC mobility and transit bus routes to Elliott & Wood in the amount of $82,500.17; seconded by Ald. Lash. Mr. Maurer stated that DSATS received a grant to improving accessibility and mobility on bus routes. Staff recommends awarding the base bid, but further recommends the improvements at Founders School for a total of $82,500.17. DSATS reserve funds would pay the difference  Regular City Council Meeting Minutes June 10, 2013 Page 5 of 12 between the grant and the bid, he said. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 3. APPROVE STAFF’S RECOMMENDATION TO APPROVE THE PURCHASE OF ONE 80” AND ONE 70” MONITOR AND SUPPORTING AUDIO/VIDEO PHONE EQUIPMENT FOR BOTH THE CITY OF DEKALB AND DEKALB COUNTY FOR AN AMOUNT NOT TO EXCEED $23,693. MOTION Ald. Finucane moved to approve staff’s recommendation to approve the purchase of one 80” and one 70” monitor and supporting audio/video phone equipment for both the City of DeKalb and DeKalb County for an amount not to exceed $23,693; seconded by Ald. O’Leary. Mr. Maurer stated the project is recommended by DSATS; if the funds are not used they will expire, he said. The equipment would be portable and able to be moved, he added. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. G. PUBLIC HEARINGS: 1. REQUEST BY NICHOLAS MISITANO (DEKALB TATTOO COMPANY) TO OPEN A BODY ART ESTABLISHMENT. Mayor Rey opened the Public Hearing at 7:40 p.m. Mr. Frieders stated he will provide a presentation during the resolution later in the Agenda and added that the petitioner is present to answer questions. Mayor Rey closed the Public Hearing at 7:41 p.m. 2. CONTINUED PUBLIC HEARING ON THE CITY OF DEKALB FY-2014 BUDGET. Mayor Rey opened the Public Hearing at 7:41 p.m. There being no comments, Mayor Rey closed the Public Hearing. H. OLD BUSINESS: NONE I. ORDINANCES – SECOND READING: 1. ORDINANCE 13-31 APPROVING THE CITY OF DEKALB, ILLINOIS FY 2014 BUDGET. Regular City Council Meeting Minutes June 10, 2013 Page 6 of 12 Mayor Rey read Ordinances 13-31, 13-32, 13-33 and 13-34. MOTION Ald. Lash moved to discuss Ordinances 13-31, 13-32, 13-33 and 13-34 in omnibus form; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Rey declared the motion passed. Ms. Pisarcik stated that staff was able to put the comprehensive plan back in the budget and add the $15,000 training for the Fire Department and the building inspector vehicle. She further advised Council that the Fire Department is asking for a budget transfer in this year’s budget later on in the meeting. Ald. Naylor revisited the refuse vote that failed last meeting and asked that the motion be reconsidered. Mr. Frieders stated it could be reconsidered. MOTION TO AMEND Ald. Naylor moved to amend Ordinance 13-31 to freeze the refuse fee at $17.78 for FY 14; seconded by Ald. O’Leary. Ald. Naylor further stated that in the past he was advocating non-transfer of $270,000 and freezing the rate at $17.78 and paying the balance out of the refuse fund. Mr. Frieders stated this appears to be different from his motion at the previous meeting. He added that Ald. Naylor may wish to restate his motion. He stated that the the transfer was not included in Ald. Naylor’s original motion. Ald. Naylor withdrew his Motion to Amend; Ald. O’Leary withdrew her second to the motion. MOTION TO AMEND Ald. Naylor moved to Amend Ordinance 13-31 to reduce the $270,000 transfer from the Refuse Fund to $225,000 and freeze the refuse rate to customers to $17.78 for FY 14. Mr. Espiritu cautioned Council this would reduce the fund balance in the General Fund by $45,000. There was no second to the revised motion. The motion died for lack of a second. MOTION Ald. Snow moved to accept staff’s recommended amendments to reinstate $50,000 for the Comprehensive Plan, $25,000 for the code enforcement vehicle and an additional $15,000 for training in technical rescue team (TRT); seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to pass Ordinances 13-31, 13-32, 13-33 and 13-34; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 2. ORDINANCE 13-32: APPROVING THE CITY OF DEKALB, ILLINOIS FY 2014- FY 2018 STAFFING PLAN.  Regular City Council Meeting Minutes June 10, 2013 Page 7 of 12 Approved by Omnibus Vote with Ordinances 13-31, 13-33 and 13-34. 3. ORDINANCE 13-33: APPROVING THE CITY OF DEKALB, ILLINOIS FY 2014-FY 2018 GENERAL FUND FINANCIAL PLAN. Approved by Omnibus Vote with Ordinances 13-31, 13-32 and 13-34. 4. ORDINANCE 13-34: APPROVING THE CITY OF DEKALB, ILLINOIS FY 2014-FY 2018 CAPITAL PLAN. Approved by Omnibus Vote with Ordinances 13-31, 13-32 and 13-33. J. ORDINANCES – FIRST READING: 1. ORDINANCE NO. 13-37: AMENDING ORDINANCE 12-39, WHICH APPROVED THE CITY OF DEKALB, ILLINOIS, FY 2013 BUDGET FOR THE PURCHASE OF FIRE STATION VEHICLES. Mayor Rey read Ordinance 13-37 by title only. MOTION Ald. Naylor moved to receive and file Ordinance 13-37; seconded by Ald. Finucane. Ms. Pisarcik provided background on the amendment to the budget and noted that savings have been realized in the amount of $180,000 this fiscal year. She noted that staff was able to purchase certain items in this year’s budget from this amount which will assist the FY 14 budget in that it will not be affected by these purchases. VOTE Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinance 13-37; seconded by Ald. Finucane. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. MOTION Ald. Snow moved to pass Ordinance 13-37; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. Mr. Biernacki thanked Chief Hicks for his stewardship in this budget which has helped other departments. Regular City Council Meeting Minutes June 10, 2013 Page 8 of 12 2. ORDINANCE 13-38: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 51, “TRAFFIC,” SCHEDULE E, “LIMITED PARKING.” Mayor Rey read Ordinance 13-38 by title only. MOTION Ald. O’Leary moved to receive and file Ordinance 13-38; seconded by Ald. O’Leary. Mr. Frieders provided backup information for Council on the ordinance and answered questions from Council. MOTION TO AMEND Ald. Lash moved to amend Ordinance 13-38 to allow for resident only parking in certain areas; seconded by Ald. O’Leary. Motion carried on voice vote. MOTION Ald. Naylor moved to waive second reading of Ordinance 13-38; seconded by Ald. Lash. Motion carried 6-1-1 on roll call vote. Aye: Jacobson, Lash, Snow, Naylor, O’Leary, Rey. Nay: Finucane. Absent: Baker. Mayor Rey declared the motion passed. MOTION Ald. Naylor moved to pass Ordinance 13-38; seconded by Ald. Lash. Motion carried 6-1-1 on roll call vote. Aye: Jacobson, Lash, Snow, Naylor, O’Leary, Rey. Nay: Finucane. Absent: Baker. Mayor Rey declared the motion passed. Ms. Chendra Patten stated the restrictions for overnight parking may be difficult for her. Mr. Frieders stated there are a number of streets that have lesser traffic and have longer term parking. 3. ORDINANCE 13-39: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 52, OFFENSES AGAINST PUBLIC PEACE-SAFETY AND MORALS. Mayor Rey read Ordinance 13-39 by title only. MOTION Ald. Naylor moved to receive and file Ordinance 13-39; seconded by Ald. Snow. Mr. Frieders stated this item addresses violations against City ordinance ordinance violations. The City has not prosecuted them as misdemeanor violations which creates some confusion, he said. Staff proposes taking misdemeanor language from ordinance which would be consistent with the practice in court and the practice done by the police, he said. Additionally, the staff would like to make it clear there is not a public drunkenness ordinance in place. This is not an enforceable ordinance, he said. Mr. Frieders answered questions from Council and clarified the ordinance. VOTE Motion carried on voice vote. Mayor Rey declared the motion passed.  Regular City Council Meeting Minutes June 10, 2013 Page 9 of 12 MOTION Ald. Finucane moved to waive second reading of Ordinance 13-39; seconded by Ald. Snow Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 13-39; seconded by Ald. Finucane. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 4. ORDINANCE 13-40: APPROVING THE EXECUTION OF AN ANNEXATION AGREEMENT (AND THE ANNEXATION OF PROPERTY CONTEMPLATED THEREBY) FOR THE CITY OF DEKALB, ILLINOIS-IRONGATE DEVELOPMENT, AND APPROVING ZONING, PRELIMINARY PLANS, AND GRANTING RELATED DEVELOPMENTAL APPROVALS. Mayor Rey read Ordinance 13-40 by title only. Mr. Biernacki stated that Shodeen requested the item be continued to the June 24th meeting. MOTION Ald. Naylor moved to continue Ordinance 13-40 to the June 24th meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Rey declared the motion passed. 5. ORDINANCE 13-41: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 51, “TRAFFIC,” SECTION 51.05-6, “SCHOOL SPEED RESTRICTIONS,” SCHEDULE S, “SCHOOL SPEED LIMIT 20 MPH ON SCHOOL DAYS WHEN CHILDREN ARE PRESENT” BY ADDING A PORTION ALONG NORTH SIXTH STREET BETWEEN PINE AND OAK STREETS. Mayor Rey read Ordinance 13-41 by title only. MOTION Ald. Lash moved to receive and file Ordinance 13-41; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to waive second reading of Ordinance 13-41; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to pass Ordinance 13-41; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. Regular City Council Meeting Minutes June 10, 2013 Page 10 of 12 5. ORDINANCE 13-42: AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 51, “TRAFFIC,” SECTION 51.05-6, “SCHOOL SPEED RESTRICTIONS,” SCHEDULE S, “SCHOOL SPEED LIMIT 20 MPH ON SCHOOL DAYS WHEN CHILDREN ARE PRESENT” BY ADDING A PORTION OF GURLER ROAD BETWEEN CORPORATE DRIVE AND SOUTHPOINTE DRIVE. Mayor Rey read Ordinance 13-42 by title only. MOTION Ald. Finucane moved to receive and file Ordinance 13-42; seconded by Ald. Snow. Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to waive second reading of Ordinance 13-42; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to pass Ordinance 13-42; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 13-35: AUTHORIZING CONDITIONAL APPROVAL OF A BODY ART ESTABLISHMENT LICENSE FOR DEKALB TATTOO COMPANY, 817 W. LINCOLN HIGHWAY #A. Mayor Rey read Resolution 13-35 by title only. MOTION Ald. Finucane moved to pass Resolution 13-35; seconded by Ald. Lash. Mr. Frieders stated the applicant wishes to establish a tattoo parlor at 817 West Lincoln Highway. He has provided information to staff and applied for insurance and state licensing, but has not yet entered into a lease until Council approves the request. Staff recommends approval of a conditional license once he obtains insurance, signs lease and receives state license, he said. He has completed evidence of blood borne training and after care. Mr. Frieders stated that Council has the ability to impose regulations. The City currently has two outstanding licenses – they are nearly one mile away and have no restrictions on their licenses. There is one technical question, he added – Chapter 67 states that the premises must be 100’ from school, church, etc. It doesn’t define what constitutes a school. The proposed unit is more than 100’ from any school; however if one looks at the entire lot of University Village, and if NIU is considered a school, he would not meet the 100’ setback requirement. We would then recommend updating Chapter 67. There are other age- targeted businesses in that center currently, including a tobacco store, Mr. Frieders added.  Regular City Council Meeting Minutes June 10, 2013 Page 11 of 12 Mr. Misitano, the applicant answered questions from Council. Ald. Snow stated that the 100’ setback is appropriate. ROLL Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 2. RESOLUTION. 13-36: ESTABLISHING A TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER A TAX INCREMENT FINANCING REDEVELOPMENT PLAN AND PROJECT FOR THE PROPOSED SOUTH 4TH STREET REDEVELOPMENT PROJECT AREA. Mayor Rey read Resolution 13-36 by title only. MOTION Ald. Snow moved to pass Resolution 13-36; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 3. RESOLUTION 13-37: ESTABLISHING A TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER A TAX INCREMENT FINANCING REDEVELOPMENT PLAN AND PROJECT FOR THE PROPOSED SYCAMORE ROAD REDEVELOPMENT PROJECT AREA. Mayor Rey read Resolution 13-37 by title only. MOTION Ald. Finucane moved to pass Resolution 13-37; seconded by Ald. Lash. Motion carried 6-1-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Nay: Jacobson. Mayor Rey declared the motion passed. 1. RESOLUTION 13-38: REGARDING RUDY ESPIRITU SERVING AS ACTING CITY MANAGER. Mayor Rey read Resolution 13-38 by title only. MOTION Ald. Naylor moved to pass Resolution 13-38; seconded by Ald. O’Leary. Mr. Frieders explained background and agreement to Council. Mayor Rey acknowledges Mr. Biernacki for the quality of the team he has and to have Mr. Espiritu to step into the City Manager role. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. Regular City Council Meeting Minutes June 10, 2013 Page 12 of 12 L. REPORTS – COMMUNICATIONS: Mayor Rey and Council Members congratulated Mr. Biernacki on his retirement. Ald. Lash asked when the road inventory is expected; Mr. Maurer replied within two weeks. 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); PURCHASE OR LEASE OF REAL PROPERTY 5 ILCS 120/2(c)(5) AND PENDING LITIGATION 5 ILCS 120/2(c)(11). Removed from the Agenda. N. ADJOURNMENT. MOTION Ald. Snow moved to adjourn the meeting; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 8:37 pm Approved by City Council June 24, 2013 ___________________________________ DIANE K. WRIGHT, Deputy City Clerk