City Council

MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB July 8, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, July 8, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:05 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: 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; Laura Pisarcik, Finance/Purchasing Director; Michelle Anderson, Human Resources Director; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk; Diane Wright, Executive Assistant; and Ruth Maloy, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Naylor led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Snow moved to approve the 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. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: 1. Special Items Waste and Recycle Toter Update, Waste Management Mr. Mat Hernandez advised Council that the mailer was sent to citizens regarding the toters. Delivery is expected the week of September 9th. Additionally Ms. Poulicakos discussed the recycling rewards program wherein residents can earn points for recycling to be redeemed at local businesses and for products. Regular City Council Meeting Minutes July 8, 2013 Page 2 of 8 Presentation of Municipal Band Mr. Bob Donaldson reported to Council on the Band’s funding, budget and objectives. He stated that 83% of the budget goes to band members and performers. He noted that weekly attendance at the concerts is approximately 1,500. Presentation by Nguzo Sabo Mr. Jerry Wright presented a report to Council regarding their human services funding. The program is for a men’s basketball club with 172 participants. In addition to City funding, NIU provides a gym for their use along with monetary contributions from other entities. Ald. Lash commented she is more comfortable with the City’s support knowing that there are others contributing to the program. She added she is still concerned that much of the City’s funding goes to administrative expenses and would prefer that it go to direct programming. Ald. Jacobson noted that the guidelines state that the operating expenses are at a maximum of 50%. Mayor Rey agreed that administrative costs are to be kept to a minimum and the City’s funds are to be used to leverage other private funds. Ald. Lash added she would like to see more involvement from other community organizations. Mr. Wright stated there are many “in kind” contributions. City Manager Search Update Ms. Michelle Anderson advised Council that the Mayor and Ald. Finucane chose the firm of Voorhees Associates to conduct the recruitment for the city manager position. Recruitment will begin the week of July 22 with interviews in October and an offer to a candidate in November or December. Mayor Rey stated he will ask that Mr. Espiritu exercise his authority to enter into an agreement with Voorhees Associates. 2. Approval of Mayor Appointments NONE. 3. Citizens’ Comments NONE. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Finucane moved to approve the Consent Agenda; 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. Naylor moved to approve the listing of Consent Agenda items; 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. 1. Approval of City Council Minutes: Committee of the Whole: June 24, 2013 Approved in the Consent Agenda by Omnibus Vote.  Regular City Council Meeting Minutes July 8, 2013 Page 3 of 8 2. Receive and File: Human Relations Commission Minutes: February 5, 2013 Received and filed in the Consent Agenda by Omnibus Vote. 3. RESOLUTION 13-68 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN ENGINEERING SERVICES AGREEMENT WITH BAXTER AND WOODMAN FOR CONSTRUCTION INSPECTION SERVICES FOR THE SOUTH FIRST STREET WATERMAIN FROM TAYLOR STREET TO GARDEN STREET. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 13-69 SEEKING TRANSPORTATION ENHANCEMENT GRANT FUNDS FOR ELIGIBLE IMPROVEMENTS TO COMPLETE THE WALKWAY ON DRESSER ROAD BETWEEN ANNIE GLIDDEN ROAD AND NORMAL ROAD. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 13-70 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH TRI-R SYSTEMS INCORPORATED TO UPGRADE THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PHASE III AT COUNTY FARM AND CORPORATE DRIVE WATER TREATMENT PLANTS. Approved in the Consent Agenda by Omnibus Vote. 6. RESOLUTION 13-71 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN AN AGREEMENT WITH CCMSI TO SERVE AS THIRD PARTY ADMINISTRATOR FOR THE CITY’S SELF- FUNDED WORKER’S COMPENSATION PROGRAM FROM JULY 15, 2013 THROUGH MAY 1, 2014. Approved in the Consent Agenda by Omnibus Vote. 7. APPROVAL OF A STAFF RECOMMENDATION TO REPLACE FOUR POLICE SQUAD CARS IN THE AMOUNT OF $151,765.59. Approved in the Consent Agenda by Omnibus Vote. 8. APPROVAL OF A STAFF RECOMMENDATION TO PURCHASE AN INTERNATIONAL 5 YARD DUMP TRUCK FROM PRAIRIE INTERNATIONAL IN THE AMOUNT OF $135,159. Regular City Council Meeting Minutes July 8, 2013 Page 4 of 8 Approved in the Consent Agenda by Omnibus Vote. 9. APPROVAL OF A STAFF RECOMMENDATION TO PURCHASE A REPLACEMENT LEAF MACHINE FROM PARTNERS MANUFACTURING GROUP IN THE AMOUNT OF $26,300. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASE AND BID AWARDS: 1. APPROVAL OF A STAFF RECOMMENDATION TO AWARD A BID TO ELLIOTT & WOOD FOR ENGINEERING SERVICES FOR THE SOUTH FIRST STREET WATERMAIN IN THE AMOUNT OF $657,000. MOTION Ald. Naylor moved to approve staff’s recommendation to award a bid to Elliott & Wood for engineering services for the South First Street watermain in the amount of $657,000; seconded by Ald. Snow. Mr. Maurer advised that the bids came in 6% below engineer’s estimate; the project will get underway in the third week of July and take approximately twelve (12) weeks. 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: NONE. H. OLD BUSINESS: NONE I. ORDINANCES – SECOND READING: 1. ORDINANCE 13-43 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 3, “CITY ADMINISTRATION,” SECTION 3.43, CITY ADMINISTRATION,” SECTION E, “MANAGEMENT PAY PLAN,” BY PROVIDING FOR AN ANNUAL COST OF LIVING ADJUSTMENT. Mayor Rey read Ordinance 13-43 by title only. MOTION Ald. Naylor moved to pass Ordinance 13-43; seconded by Ald. Snow. Mr. Espiritu stated this ordinance was discussed at the previous Council meeting. The ordinance provides a 2% cost-of-living to management employees who carry out the directives of Council and supervise field personnel.  Regular City Council Meeting Minutes July 8, 2013 Page 5 of 8 Ms. Pisarcik distributed a three-year management costing analysis with an overall increase of 6.67% over a three-year period. Ald. Jacobson questioned the $100,000 savings on retiree health insurance premiums attributed to a cost savings and pointed out this is not a cost savings attributable to management employees. Discussion continued with Council participating on both sides of the issue. Mr. Espiritu pointed out that staff was asked to provide an analysis providing total compensation for multiple years. Council discussed the 2% increase extensively. Ald. Finucane pointed out that the discussion on this date regards a 2% increase for 2014; future years are not part of the discussion. Ald. Jacobson stated the City is continually out-pacing its revenues. He added if Council states that public safety is its number one priority yet gives raises elsewhere, it affects placing police on the streets. Ms. Pisarcik pointed out that there is a compression issue; at some point officers will make more than the Police Chief. Ald. Lash stated it is not Council’s job to keep increasing management salaries because the unions have good negotiators. She noted that she has had feedback about the 16% increase between Steps I and II in the management pay plan. Mr. Espiritu replied it was formulated some years back. He added that he doesn’t believe many step plans are similar and that is one reason EPI recommended the pay plan be updated. Mr. Espiritu and Ms. Pisarcik answered further questions from Council regarding how many employees are affected, cost of living increases and merit increases. Ald. Naylor expressed his support for the 2% increase. Also, he said that there seems to be so much attention focused on management increases, and there is a compression problem in the City. He noted that the labor groups have been more than compensated in past years and management is trying to keep up with them. Also, he said, that many of the “rank and file” have surpassed management in the salary schedule. Mr. Espiritu agreed that the pay plan should be updated. Ald. Jacobson stated that the EPI report noted that annual raises should not be given across the board. He asked what were the typical hours for management. Mr. Espiritu replied 37 ½; Ald. Jacobson stated then it is actually 32 hours, taking into account lunch hours during the week. Mr. Espiritu stated that lunch hours are not included in the work day. Ald. Jacobson stated that the “rank and file” work overtime and that is the reason they are making more money. Ms. Pisarcik replied that management is working over their hours and they do not get paid for overtime. Ald. Snow supported updating the pay plan. He stated that it was put into effect to recognize merit. When the value of an employee increases after twelve years (reaching the maximum on the pay scale), they are at their peak but do not receive merit. If Council advocates a zero increase, money is taken away from them, he said. Ald. Finucane brought up the issue that employees that are within the pay scale receive merit and cost-of-living. Ald. Naylor replied that union employees receive merit, cost-of-living and overtime. Mayor Rey asked Council to recognize that the compensation study will be something they will have to seriously consider. Ald. Lash suggested basing the increase on the CPI Index. AMENDED MOTION Regular City Council Meeting Minutes July 8, 2013 Page 6 of 8 Ald. Lash moved to amend Ordinance 13-43 to include using the CPI Index which is at approximately 1.5%; seconded by Ald. Jacobson. Mr. Frieders clarified that Council may wish to define 1.5% as the average for most uses. Ald. Jacobson suggested giving flat bonuses that would not affect pension liabilities. Mr. Espiritu replied that anything relating to wages is IMRF-eligible. Ald. Naylor stated his opposition to the amendment and noted this is not the way to treat professional employees. Ald. Finucane called for the vote. VOTE ON AMENDED MOTION Motion failed 2-4-1 on roll call vote. Aye: Jacobson, Lash. Nay: Finucane, Snow, Naylor, O’Leary. Absent: Baker. Mayor Rey declared the motion defeated. VOTE Motion carried 6-1-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, O’Leary, Rey. Nay: Jacobson. Absent: Baker. Mayor Rey declared the motion passed. 2. ORDINANCE 13-45 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 30, “OFFICIAL COMPREHENSIVE PLAN,” SECTION 30.01, “ADOPTION,” BY INCLUDING AN APPROVED DEKALB CITY CENTER – AN UPDATE TO THE DOWNTOWN PLAN. Mayor Rey read Ordinance 13-45 by title only. MOTION Ald. Lash moved to pass Ordinance 13-45; seconded by Ald. Finucane. Mr. Hiland introduced Mr. David Schreiber of Schreiber Associates who went over the downtown plan, specifically pages 52-57 and 58-62. He discussed the West Lincoln Corridor, town square, library, residential issues, TIF, bike paths, street recommendations and Communiversity. Council asked questions of Mr. Schreiber to which he responded. Mayor Rey stated that Council has to decide if they choose to adopt the plan as part of the comprehensive plan. 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. J. ORDINANCES – FIRST READING: NONE. K. RESOLUTIONS: 1. RESOLUTION 13-47 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN AN AGREEMENT WITH NGUZO SABA  Regular City Council Meeting Minutes July 8, 2013 Page 7 of 8 MEN’S CLUB OF DEKALB FOR HUMAN SERVICES FUNDING FROM THE FY 2014 GENERAL FUND IN THE AMOUNT OF $5,663.00. Mayor Rey read Resolution 13-47 by title only. MOTION Ald. Finucane moved to pass Resolution 13-47; seconded by Ald. Lash. VOTE Motion carried 6-1-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, O’Leary, Rey. Nay: Jacobson. Absent: Baker. Mayor Rey declared the motion passed. 2. RESOLUTION 13-56 TO RECONSIDER PREVIOUS ACTION BY CITY COUNCIL AMENDING CONTRACT WITH FRIEDERS LAW, LLC TO PROVIDE LEGAL SERVICES TO THE CITY OF DEKALB, ILLINOIS Mayor Rey read Resolution 13-56 by title only. Mr. Espiritu noted that two members from the prevailing side of the vote at the last meeting indicated their desire to have it placed on the Agenda this evening. MOTION Ald. Jacobson moved to pass Resolution 13-56 and reconsider the previous action taken by Council and approve the contract with a 2% increase; seconded by Ald. O’Leary. Ald. Lash stated at the last meeting this was the vote she missed because she had asthma issues. She stated she does not understand why 2% would not have been approved for Mr. Frieders who has done a phenomenal job. She added he deserves 2% for the rewrite of the Liquor Code alone. She asked if the contract was for multiple years. Mr. Frieders replied is it for one year, but he would be happy to look at multiple years. Council can terminate his contract at any time, he added. Also, he said, he is most effective when he is negotiating for Council rather than against Council. Additionally, he said, he is pleased to serve Council and is pleased to hear their comments. He noted that staff has many different obligations that need to be considered separate from the consultants. VOTE Motion carried 6-1-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, O’Leary, Rey. Nay: Jacobson. Absent: Baker. Mayor Rey declared the motion passed. L. REPORTS – COMMUNICATIONS: Ald. Naylor announced the 4th Street Family Fun Fest on June 23rd. Ald. Lash congratulated the Municipal Band for their 4th of July concert. Also, she had a neighborhood watch group that met at Liberty Park. Ald. Finucane announced the Biking with Beanzie on July 14th. Mr. Espiritu thanked staff for their efforts during the July 4th festivities. Chief Lowery stated the Police were awarded a traffic enforcement grant in the amount of $5,300. Ms. Peerboom stated that management staff is worth more than 2% and if we lost many of them, the City would be in big trouble. Regular City Council Meeting Minutes July 8, 2013 Page 8 of 8 Mayor Rey stated the 4th of July festivities went very well and he was impressed with the program. M. RECESS FOR CLOSED SESSION: 1. APPROVAL OF 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); SALE OF REAL PROPERTY 5 ILCS 120/2(c)(6): SECURITY PROCEDURES AND THE USE OF PERSONNEL AND RESOURCES 5 ILCS 120/2(c)(8): AND PENDING LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Jacobson moved to approve the 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); Sale of Real Property 5 ILCS 120/2(c)(6); Security Procedures and the Use of Personnel and Resources 5 ILCS 120/2(c)(8); and Pending Litigation 5 ILCS 120/2(c)(11); 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. Mayor Rey closed the meeting to the public at 7:57 p.m. Mayor Rey opened the meeting to the public at 10:44 p.m. N. ADJOURNMENT: MOTION Ald. Naylor moved to adjourn the meeting; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 10:44 p.m. ___________________________________ DIANE K. WRIGHT, Executive Assistant Approved by Council: July 22, 2013