City Council

MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB August 26, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, August 26, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:02 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 Bob Snow, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. Absent was Alderman David Jacobson, Alderman Kristen Lash. Also present were: Rudy Espiritu, Interim City Manager; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; Derek Hiland, Principal Planner; Laura Pisarcik, Director of Finance; Jeff Birtell, I T Technician; Liz Peerboom, City Clerk; and Ruth Maloy, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Finucane 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 6-0-2 on roll call vote. Aye: Finucane, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: 1. Special Items Presentation by Veterans Administration – Bill Hindenburg Mr. William Hindenburg from Edward Hines VA hospital spoke about the new mobile medical unit that would be part of the Cornfest this year. He encouraged Council and members of the community to tell veterans to utilize the medical unit while it was in DeKalb. Certificates of Recognition – America in Bloom Participants Mayor Rey recognized the citizens, groups, organizations and staff that helped make the showcasing of the tour for America in Bloom. Status of the DeKalb marquee - Tom Rogers of Debutantes Regular City Council Meeting Minutes August 12, 2013 Page 2 of 7 Tom Rogers announced that the original marquee for Debutantes will debut on Thursday night. He invited all to come and attend as this great part of DeKalb’s history is brought back to life. “Adopt a School” Program – Chief Lowery Chief Lowery gave a summary of “Adopt a School” program. In the past patrol would be at the schools when possible before school, at lunch and as school was let out. When they decided to adopt a school Officer Jeff Winters is there often and has made great relationships with the children and staff. It has been so successful that as a result of the success, this program will be started in other schools, he said. Yards of Distinction Award: John and Carol Goodacre – 600 Bayfield Drive Mayor Rey presented the Yards of Distinction award to Mr. Goodacre and commended both him and his wife on their efforts for taking great care of their yard. 2. Approval of Mayor Appointments: Human Relations Commission – 2 year term through June 30, 2015 Larry Apperson – Member Ellingsworth Webb - Member MOTION Ald. Finucane moved to approve the Mayoral appointments; seconded by Ald. Naylor. Motion carried on a voice vote. Mayor Rey declared the motion passed. 3. Citizens’ Comments None E. CONSENT AGENDA – OMNIBUS VOTE Ald. Naylor asked to remove E5 from the Consent Agenda. MOTION Ald. Naylor moved to approve the Consent Agenda with E5 removed as amended; seconded by Ald. O’Leary. Motion carried on a roll call vote of 6-0-2. Aye: Finucane, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. MOTION Ald. Snow moved to approve the listing of Consent Agenda items as amended; seconded by Ald. O’Leary. Motion carried 6-0-2 on roll call vote. Aye: Finucane, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes: Committee of the Whole Meeting: August 12, 2013 Regular Meeting: August 12, 2013 Approved in the Consent Agenda by Omnibus Vote. 2. Receive and File: Citizens’ Community Enhancement Commission Minutes: July 15, 2013 Annual Investment Report as of June 30, 2013  Regular City Council Meeting Minutes August 26, 2013 Page 3 of 7 Investment and Bank Balance Summary: July 2013 Check Register – July 2013 Received and Filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 13-49 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 51, “TRAFFIC,” SECTION 51.13, “PARKING PROHIBITED,” SCHEDULE C, “NO PARKING AT ANY TIME,” IN VARIOUS LOCATIONS. Approved in the Consent Agenda by Omnibus Vote. 4.ORDINANCE 13-50 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 34 MASS GATHERINGS AND AMUSEMENTS, AND DELETING CHAPTER 36, “BOWLING CENTERS.” Approved in the Consent Agenda by Omnibus Vote. 5. ORDINANCE 13-51 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 2. “CITY COUNCIL,” SECTION 2.12 “RULES OF ORDER AND PROCEDURES” FOR THE CITY OF DEKALB, ILLINOIS. Ald. Naylor suggested that the meetings remain at 6 p.m. for the Committee of the Whole and 7 p.m. for the City Council Meetings so that community members can attend. He also stated that water should be the only item on the dais for food and drink. Ald. Snow stated that residents may not be able to stay late and starting the meetings an hour earlier may make it easier for them. MOTION Ald. Naylor moved to amend Ordinance 13-51 to leave the original times and that only water be allowed on dais. Motion died for lack of a second. MOTION Ald. Finucane moved to waive second reading of Ordinance 13-51; seconded by Ald. Baker. Motion carried on a roll call vote 5-1-2. Aye: Finucane, Snow, Baker, O’Leary, Rey. Nay: Naylor. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. MOTION Ald. Baker moved to approve Ordinance 13-51; seconded by Ald. O’Leary. Motion carried on a roll call vote of 5-1-2. Aye: Finucane, Snow, Baker, O’Leary, Rey. Nay: Naylor. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. F. PURCHASE AND BID AWARDS NONE. G. PUBLIC HEARINGS NONE. H. OLD BUSINESS Regular City Council Meeting Minutes August 12, 2013 Page 4 of 7 NONE I. ORDINANCES – SECOND READING NONE. J. ORDINANCES – FIRST READING 1. ORDINANCE 13-52 AMENDING CHAPTER 52 OF THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, “OFFENSES AGAINST PUBLIC PEACE – SAFETY AND MORALS,” BY ADDING SECTION 52.92, TRUANCY. Mayor Rey read Ordinance 13-52 by title only. Mr. Frieders stated that the School District had contacted the City and Police about this subject. He noted that the Ordinance states that this does not include private school children or home- schooled children. Mr. John Salovesh, DeKalb, Illinois, read the definition of truancy and stated that his homeschooled children do not have set times for school. He stated concern about the procedure for detaining a child and the traumatic experience it may be. He felt part of the Ordinance was open ended. Mr. Greg Akers asked the Ordinance be voted down and rewritten. Mr. Jeffrey Lewis, Attorney, also, the spokesman for private school and home-schooled parents, said in truancy laws children 7-17 are subject to compulsory attendance and Ordinance 13-52 states until age 18. He also gave examples where this new Ordinance would possibly not work. Mr. Ron Flex asked why this is an urgent need. He feels it will take more resources from the City. He has home-schooled children and feels the same as Mr. Salovesh. Ms. Lauran Harrison felt this Ordinance gives public schools the right to decide for private schools. Also, wanted to state that home-schooled is not the terminology used under school laws they are considered private schools. Mr. Frieders stated that Ordinance 13-52 does not pertain to private or home schooled children and enforcement is within corporate limits. Ald. Baker stated Ordinance 13-52 should be postponed until Council heard from the School Board. Ald. Finucane agreed it could be a traumatic experience for children if they were detained. Ald. Snow asked how excessive could the fines be for parents and children. Ald. Naylor inquired who was really responsible for attendance; there is a state law that delegates this already. Mr. Frieders responded by saying that it is the superintendent of the schools responsibility. Ald. Naylor also asked how bad it was in the city. Mr. Frieders stated it was clear that Ordinance 13-52 would not pass and recommended to table and postpone until the September 23rd Council Meeting. MOTION Ald. Naylor moved to postpone Ordinance 13-52 until the September 23rd Council Meeting; seconded by Ald. Baker. Motion carried on voice vote. Mayor Rey declared the motion passed. 2. ORDINANCE 13-53 APPROVING A REZONING AMENDMENT TO THE PLANNED DEVELOPMENT COMMERCIAL “PD-C” DISTRICT FOR A QUICK  Regular City Council Meeting Minutes August 26, 2013 Page 5 of 7 SERVICE RESTAURANT WITH A DRIVE THROUGH FACILITY AND APPROVE A FINAL COMMERCIAL DEVELOPMENT PLAN ILLUSTRATING THE DRIVE THROUGH LOCATION ON PROPERTY LOCATED AT 2476 SYCAMORE ROAD. Mayor Rey read Ordinance 13-53 by title only. Mr. Hiland gave a brief overview of the project stated in Ordinance 13-53. Council discussed the two scenarios for placement of dumpsters for the restaurant. MOTION Ald. Naylor moved to receive and file Ordinance 13-53; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the motion passed. Council Consensus was to bring back the item to the September 9th meeting. 3. ORDINANCE 13-54 APPROVING A SPECIAL USE PERMIT TO ALLOW FOR A NONCONFORMING SIGN ON PROPERTY ZONED “CBD” CENTRAL BUSINESS DISTRICT AT 112 EAST LINCOLN HIGHWAY TO ALLOW FOR A VARIATION FROM ARTICLE “13” SIGNS OF THE UNIFIED DEVELOPMENT ORDINANCE TO ERECT A SEASONAL 256 SQUARE FOOT FOOTBALL SCHEDULE SIGN ON THE WEST BUILDING WALL. Mayor Rey read Ordinance 13-54 by title only. MOTION Ald. Finucane moved to receive and file Ordinance 13-54; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Snow moved to amend Ordinance 13-54 changing the signage usage to year round with NIU sports from August 1 through June 1 and Communiversity from June 2 through July 31; seconded by Ald. Naylor. Motion carried on a roll call vote of 6-0-2. Aye: Finucane, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. MOTION Ald. Snow moved to waive second reading of amended Ordinance 13-54; seconded by Ald. Naylor. Motion carried on a roll call vote 6-0-2. Aye: Finucane, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. MOTION Ald. Baker moved to approve amended Ordinance 13-54; seconded by Ald. Finucane. Motion carried on a roll call vote of 6-0-2. Aye: Finucane, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. 4. ORDINANCE 13-55 AMENDING ORDINANCE 13-31 APPROVING THE CITY OF DEKALB, ILLINOIS FY 2014 BUDGET AND ORDINANCE 13-32 APPROVING THE CITY OF DEKALB, ILLINOIS FY 2014 –FY 2018 STAFFING PLAN Regular City Council Meeting Minutes August 12, 2013 Page 6 of 7 FOR PART-TIME PROPERTY INSPECTORS Mayor Rey read Ordinance 13-55 by title only. William Heinisch spoke on behalf of DARA and stated that they would like to see these positions filled and placed under Public Works and not the Police Department. MOTION Ald. Baker moved to receive and file Ordinance 13-55; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Rey declared the motion passed. Ald. Baker stated he wanted the Ordinance postponed until next meeting. Ald. Naylor stated the City should already have these part time employees hired and working. MOTION Ald. Baker moved to postpone Ordinance 13-55 until the September 9th meeting; seconded by Ald. Snow. Motion carried on a roll call vote 4-2-2. Aye: Snow, Baker, O’Leary, Rey. Nay: Finucane, Naylor. Absent: Jacobson and Lash. Mayor Rey declared the motion passed. K. RESOLUTIONS NONE. L. REPORTS – COMMUNICATIONS All Council members welcomed the new and returning NIU students. Also, a reminder that Cornfest is this weekend. Mr. Espiritu thanked staff including particularly Fire, Police and Public Works for their upcoming help this weekend with Cornfest. Chief Lowery and Chief Hicks both reported that “Move in” went well at the University. 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); 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 Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. O’Leary. Motion carried 6-0-2 on roll call vote. Aye: Finucane, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson, Lash. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public at 8:28 p.m. Mayor Rey opened the meeting to the public at 9:40 p.m. N. ADJOURNMENT MOTION  Regular City Council Meeting Minutes August 26, 2013 Page 7 of 7 Ald. Finucane moved to adjourn the meeting; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 9:41 p.m. Approved by Council: September 9, 2013 _____________________________________ RUTH MALOY, Deputy City Clerk