City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB July 22, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, July 22, 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: Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary (arrived at 6:09) and Mayor John Rey. Absent: Alderman David Jacobson. Also present were: Rudy Espiritu, Interim 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; Liz Peerboom, City Clerk, Diane Wright, Deputy City Clerk and Ruth Maloy, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA 1) CONSIDERATION OF AN ANNEXATION AGREEMENT FOR THE IRONGATE DEVELOPMENT, AND APPROVING ZONING, PRELIMINARY PLANS, AND GRANTING RELATED DEVELOPMENTAL APPROVALS. Mr. Espiritu stated that at the March 25, 2013 meeting it was decided that staff would wait until the new Mayor and Council took their seats. Mr. Espiritu also stated that Irongate has been revised numerous times since initially discussed. Attorney Frieders gave a brief synopsis of the annexation process. Mr. Maurer provided a brief overview of the engineering end including the roads, waterways and detention ponds. Mr. Hopkins spoke on the effects of Economic Development with the Irongate project. Building houses will help with sales tax, purchasing building materials from local businesses, along with other construction companies, he said. Mr. Hiland asked the Council what their vision was for the DeKalb 10, 20, or 30 years from now, Committee of the Whole Meeting July 22, 2013 Page 2 of 2 and if this development fits that vision. He told them this project has been 5 years in the making. Mr. Frieders explained the location of Irongate and the comprehensive plan including the connectivity of the roads and impact of the surrounding community. He also stated there have been eighteen (18) revisions, including seven (7) formal revisions to engineering plans. Also, he explained the concept of special service areas. Ald. Baker stated his concern regarding the financial aspects and how the City is financially protected from subdivisions that don’t mature. Mr. Frieders responded that developers will provide letters of credit or bonds. Mr. Frieders also discussed issues still pending such as: path construction; paths across school and Park District property road routing and Normal Road extension. At this time staff is asking for a first reading approval from Council so staff can resolve and concerns the Park District may have, he said. Ald. Baker stated he is concerned with how much staff time and time in general this has taken. Mayor Rey reminded all Council that is takes a super majority vote to pass in order for things to move forward. C. CONSIDERATIONS 1) APPROVAL 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). Not acted on in this meeting. D. ADJOURNMENT: MOTION Ald. Finucane moved to adjourn the meeting; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 7:02 p.m. Approved by City Council: August 12, 2013 ______________________________ RUTH MALOY, Deputy City Clerk  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB July 22, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, July 22, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 7:07 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 was Alderman David Jacobson. Also present were: Rudy Espiritu, Interim 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; Liz Peerboom, City Clerk; Diane Wright, Executive Assistant; and Ruth Maloy, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Baker 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: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson. Mayor Rey declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: 1. Special Items Yards of Distinction Award: Patrick and Lorraine Daly-1306 Elizabeth St. Mayor Rey presented the Yards of Distinction award to Mr. Daly and commended both him and his wife on their efforts. Police Department Promotions, New Hires and Announcements (Chief Lowery will present): • Commander: Jason Leverton and John Petragallo • Lieutenant: Robert Redel and James McDougall Regular City Council Meeting Minutes July 22, 2013 Page 2 of 7 • Sergeant: Mark Tehan and Craig Woodruff • Detective Appointment: Keith Ehrke and Paul Mott • New hires: Police Officers: Jonathan Jursich, Sadie Pristave, Jordan Poulos, John Loechel, and Allison Benthusen • New hires: Telecommunicators: Brittany Hedin, Geoffrey Wells, and Christopher McMeen • New hires Clerical: Ana Alva and Jackie Spartz • Specialized Unit Appointments: Community Relations/Training – Chad McNett, Targeted Response Unit – Steve Lekkas, Todd Wells, Jeff Weese, and Tony Kwasniewski, and Bailiff/Court Security Ray West • Life Saving Awards: Burt Johnson and Phillip Brown Chief Lowry presented the new hires, promotions, and announcements. Chief Lowry stated how proud he was of all the men and women in the DeKalb Police Department and that he has never worked with a better staff. Mayor Rey thanked Chief Lowry and the entire Police force for all their hard work and dedication. 2. Approval of Mayor Appointments NONE. 3. Citizens’ Comments Dan Porter, DeKalb, IL, welcomed all new City Council members and NIU staff. He congratulated Mayor Rey on becoming Mayor. He stated that we should look at NIU students as our customers and that all need to work on retaining the students and working together. E. CONSENT AGENDA – OMNIBUS VOTE MOTION Ald. Finucane moved to approve the Consent Agenda; seconded by Ald. O’Leary. Motion carried on a roll call vote of 7-0-1. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson. Mayor Rey declared the motion passed. MOTION Ald. Snow moved to approve the listing of Consent Agenda items; seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes: Regular Meeting: June 24, 2013 Regular Meeting: July 8, 2013 Approved in the Consent Agenda by Omnibus Vote.  Regular City Council Meeting Minutes July 22, 2013 Page 3 of 7 2. Receive and File: Citizens’ Community Enhancement Minutes – June 17, 2013 Investment and Bank Balance Summary – June 2013 Check Register – June 2013 Received and Filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 13-46 AUTHORIZING THE ACQUISITION BY THE CITY OF DEKALB, ILLINOIS FOR A WATERMAIN EASEMENT AT 2211 SYCAMORE ROAD. Approved in the Consent Agenda by Omnibus Vote. 4. ORDINANCE 13-47 AMENDING ORDINANCE 13-32, WHICH APPROVED THE CITY OF DEKALB, ILLINOIS FY2014-2018 STAFFING PLAN AND ORDINANCE 13-43 WHICH APPROVED THE PART TIME PAY PLAN. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 13-72 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH HANSON PROFESSIONAL SERVICES FOR CONSULTANT SERVICES FOR DETENTION BASIN CONSTRUCTION AT DEKALB TAYLOR MUNICIPAL AIRPORT. Approved in the Consent Agenda by Omnibus Vote. 6. RESOLUTION 13-73 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH HANSON PROFESSIONAL SERVICES FOR CONSULTANT SERVICES TO REHABILITATE BITUMINOUS T-HANGAR PAVEMENT AT DEKALB TAYLOR MUNICIPAL AIRPORT. Approved in the Consent Agenda by Omnibus Vote. 7. RESOLUTION 13-74 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO EXECUTE AN APPLICATION FOR A DOWNSTATE OPERATING ASSISTANCE PROGRAM TRANSIT GRANT FOR FY14 WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION. Approved in the Consent Agenda by Omnibus Vote. 8. RESOLUTION 13-75 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO AUTHORIZE AN EXPENDITURE OF $25,000 TO THE DEKALB COUNTY COMMUNITY FOUNDATION FOR THE ILLINOIS HIGH SCHOOL ASSOCIATION STATE FOOTBALL CHAMPIONSHIP. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASE AND BID AWARDS Regular City Council Meeting Minutes July 22, 2013 Page 4 of 7 NONE. G. PUBLIC HEARINGS NONE. H. OLD BUSINESS NONE I. ORDINANCES – SECOND READING NONE. J. ORDINANCES – FIRST READING 1. ORDINANCE 13-48 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH NORTHERN ILLINOIS UNIVERSITY RELATING TO A COMMERCIAL DEVELOPMENT WITHIN THE CITY OF DEKALB (PAPPAS / ART ANNEX). Mayor Rey read Ordinance 13-48 by title only. MOTION Ald. Snow moved to file and receive Ordinance 13-48; seconded by Ald. O’Leary. Roger Hopkins gave a brief overview of the agreement with Pappas and the NIU Art Annex. He stated that all of this had been discussed by all parties in July- September of 2012. VOTE Motion carried on voice vote with Ald. Jacobson absent. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinance 13-48; seconded by Ald. Naylor. Motion carried on a voice vote 7-0-1. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson. Mayor Rey declared the motion passed. MOTION Ald. Lash moved to approve Ordinance 13-48; seconded by Ald. O’Leary. Motion carried on a roll call vote of 7-0-1. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson. Mayor Rey declared the motion passed. 2. 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, AND APPROVING ZONING, PRELIMINARY PLANS, AND GRANTING RELATED DEVELOPMENTAL APPROVALS. Mayor Rey read Ordinance 13-14 by title only. MOTION  Regular City Council Meeting Minutes July 22, 2013 Page 5 of 7 Ald. Finucane moved to receive and file Ordinance 13-14; seconded by Ald. Naylor. Mr. Per Faivre, of the Park District stated that the DeKalb Park District still has some concerns with the agreement. They met with Shodeen earlier to review their concerns but stated there are still open items that have not changed that concern the Park District’s responsibilities. Ms. Bessie Chronopoulos, DeKalb, IL, asked if P.U.D. can be changed in the future. She said she talked to Attorney Frieders and he stated it could. She asked how many Planning Commission members have been involved with this project. She wondered how well the economic liability has been vetted. She also asked about how much staff time has been put into this project, and suggested that the Council take a bus tour around the whole area in question. She asked the Council to take a look first at what properties currently are available. Mr. Paul Sauser, DeKalb, Illinois, asked how many building permits were taken out this year for single family residences; Mr. Espiritu replied one. Mr. Sauser stated there are 400 empty lots not being built on. Houses aren’t selling so they rent, he said and DeKalb doesn’t need more renters. He feels empty houses make the Police Officers' jobs more difficult. Attorney Frieders stated that an annex agreement can be changed, but not without a public hearing and a super majority vote from Council first. Regarding the Park District's comments, he stated that staff was waiting for direction from the Council. He added that there had been communication with the Park District in March and April agreeing with the project. Since that time there have been no new issues and staff would continue with direction from the Council, he said. Ald. Lash said she was not sure how accurate the NIU study was on high end homes in DeKalb. The Irongate Development divides higher square footage lots from the lower square footage with waterways, she added. and bike and recreational paths seem to be mainly on the side where the larger square footage homes are. All parts should have recreation, she added. She additionally raised concern about the Park District issue. Mr. Frieders stated he has been told through attorneys that there has been an agreement with connecting neighbors for the storm drains. Mr. Ray Heinisch, DeKalb, IL, a farmer with connecting property stated he there is no signed agreement. Ald. Jacobson joined the Council at 8:00 p.m. Mr. Frieders stated that the attorney for Mr. Heinisch and other connecting neighbors said there had been an agreement agreed upon according to an email he had received. Ald. Baker stated that the Park District is not in agreement nor are the drainage issues addressed. Ald. Snow stated it is a long term project and DeKalb is going to grow and the economy is going to change, but there is no guarantee. He added that he supports passage on first reading tonight. Ald. Naylor questioned what is the City's vision? He listed his concerns including a church on the corner lot that he feels should be open, bike paths, a large retention pond, Normal Road extensions, and security. Ald. Jacobson agreed with Ald. Naylor on Normal Road extensions and bike paths. He stated he has many phone calls of residents opposed to the Irongate development. Ald. Finucane said he felt the Council was closer to agreement than six months ago and urged Regular City Council Meeting Minutes July 22, 2013 Page 6 of 7 fellow Council members to pass first reading. Ald. O’Leary stated that she knows the growth is needed in the City. Ald. Baker stated 10 years ago this would have passed. Right now, though, he isn’t sure this is the right time. Mayor Rey asked for a vote on the motion. VOTE Motion failed 4-4 on roll call vote. Aye: Finucane, Snow, Naylor, Rey. Nay: Jacobson, Lash, Baker, O’Leary. May Rey declared the motion defeated. Ald. O'Leary questioned the vote and asked if Council was voting on motions. It was clarified that the vote was on the Motion to Receive and File. Ald. Snow stated that it is unfortunate not to move forward and that Council should be ashamed. Ald. Naylor agreed and added it was sad to see we are at this point in regards to development. Ald. Baker stated there are subdivisions with no demand that have been going on for years. It will develop in time, he added. K. RESOLUTIONS NONE. L. REPORTS – COMMUNICATIONS Ald. Naylor stated he was very impressed with the Police Department promotions. He, also, has had calls regarding new refuse policies. Residents are questioning whether it is a monthly rate or quarterly rate; the rate is $17.78 quarterly. Mr. Espiritu congratulated the Police Department for having an outstanding staff and thanked them all for their hard work. He additionally thanked staff for all of their hard work and thought they brought forth their best on the presentation for Irongate. Ald. Lash stated she does recognize the staff and all their hard work on the Irongate project and that they have been cooperative all along. Ald. Baker agrees with Ald. Lash and also stated that he feels bad because council didn’t give clear direction. Mr. Espiritu stated that staff needs direction from Council. Ald. O’Leary commented that she felt that the public and Park District were not getting answers, and it is hard to say yes. M. RECESS FOR CLOSED SESSION 1. APPROVAL 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. Finucane 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 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 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public at 8:38 p.m. Mayor Rey opened the meeting to the public at 9:47 p.m.  Regular City Council Meeting Minutes July 22, 2013 Page 7 of 7 N. ADJOURNMENT MOTION Ald. Lash moved to adjourn the meeting; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 9:48 p.m. Approved by City Council: August 12, 2013 _____________________________________ RUTH MALOY, Deputy City Clerk