City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB September 23, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, September 23, 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 5:00 p.m. A. ROLL CALL: City Clerk Peerboom called the roll and the following members of City Council were present: Alderman David Jacobson (arrived at 5:07 p.m.); Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary and Mayor John Rey. 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; Laura Pisarcik, Finance/Purchasing Director; Derek Hiland, Principal Planner; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk and Diane Wright, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF CITY HALL RENOVATION Mr. Moore stated there has been discussion of renovation of City Hall once the Police move out. Dewberry Architects were asked to do a study on the building and provide estimates, he said. The building has not had significant renovations since it was built fifty years ago, he added. It has been discussed that the Annex Building and Finance Division Staff will move to the first floor of the City Hall building. Ald. Jacobson arrived at 5:07 p.m. Mr. Moore discussed the placement of Council Chambers, i.e. maintain it on the second floor or move it to the first floor of the building. There is approximately $3.3 million available in TIF Committee of the Whole Meeting September 23, 2013 Page 2 of 4 funding for the renovation, he said. Mr. Moore stated that the first priority should be the mechanical issues for the building. Thus far, approximately $30,000 has been spent in repairs on the HVAC system this year, he advised. Replacement of the system is estimated at $1.1 million in the report; however, he added he may suggest a blended solution with PTAC units. Additionally, there should be funds set aside for environmental aspects and handicap accessibility, he said. Security will also need to be addressed, since the Police are moving out. Fire suppression will need to be added to the remodel, he stated. Finally, he said the building will no longer be open 24 hours/7 days a week once the Police move out and will not be a warming or cooling center. Mr. Espiritu stated the Council needs to consider if the future plan for this building is to maintain the building as City Hall. He noted that the TIF funding source will end in 2018. Ald. Baker asked if the TIF funding would be totally used if only the downstairs could be renovated temporarily and the upstairs remaining as is. Mr. Moore replied that the full TIF funds may not be used downstairs. Ald. Baker also asked if the Annex buildings could be sold once Staff moves out. Mr. Espiritu stated those buildings would go back into the TIF fund if sold. Ald. Lash noted that the City should not count on proceeds from the Annex Buildings since they may not sell. Ald. Snow stated the first priority is to secure the building, insure the roof is solid, and change the HVAC. Ald. Naylor stated the City needs to think for the future and what the building provides for the community. He added the City needs to do it right the first time and should look for other funding options. Also, he said he would support moving Council Chambers to the first floor. He suggested stepping back and looking further at planning for the future. Ald. O’Leary stated with the Police moving out it makes more sense to have Council Chambers on the first floor, and suggested moving the Court downstairs once the Police move out. She noted that people can wander throughout the building and this is a concern once the Police are no longer present. Ald. Jacobson said he struggles with the high costs and wondered why it is so much higher than the Police Station which required specialized equipment. He added that this is not what TIF funding is intended for; it is office space for City Staff. Also, he said, the City could buy newer buildings cheaper than this cost. Finally, he said, this building is not worth that money. Mayor Rey stated the City needs to consider a central site in the community for the citizens. Ald. Baker stated previous plans were to replace the building a few years ago for $3.1 million. Also, he said, there is no other plan for the TIF funding. Mr. Moore stated that purchasing a new building with TIF funds requires it be in the TIF area. Ald. O’Leary asked if other firms could be contacted for pricing. Mr. Moore replied nothing has been bid; Staff will strive to bring the costs down once Council decides on a plan. He added he would like to bring back a plan for the mechanicals. Ald. O’Leary asked that Irving Construction be contacted for pricing. Mr. Moore stated Irving provided rough estimates a few years ago. Ald. Naylor suggested researching funding alternatives and looking at suggested phasing of certain areas. This building was built using a water surcharge, he said. Mr. Espiritu asked if Council consensus is to direct Staff to suggest allocations and prioritize needs based on the report and bring back other funding alternatives. Ald. Baker stated if there is not a funding source, then we should work with the funding available.  Committee of the Whole Meeting September 23, 2013 Page 3 of 4 2) 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. Lash moved to adjourn the meeting; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 6:00 p.m. Approved by City Council: October 14, 2013 ______________________________________ DIANE K. WRIGHT, Deputy City Clerk Committee of the Whole Meeting September 23, 2013 Page 4 of 4  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB September 23, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, September 23, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:07 p.m. A. ROLL CALL: City Clerk Peerboom called the roll and the following members of City Council were present: Mayor John Rey, Alderman David Jacobson (arrived at 6:09 p.m.), Alderman Bill Finucane, Alderman Kristen Lash (arrived at 6:24 p.m.); Alderman Bob Snow, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. 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; Mike Bauling, Project Implementation Engineer; Derek Hiland, Principal Planner; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk and Diane Wright, Deputy City Clerk. Mayor Rey stated that Ald. Jacobson and Ald. Lash were in the building and would be present at the meeting. B. PLEDGE OF ALLEGIANCE: Ald. Snow led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS Mayor Rey requested that “America in Bloom” be added to the Agenda under Item D. MOTION Ald. Finucane moved to approve the Agenda 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. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items  Proclamation recognizing NIU CHANCE Program Mayor Rey read the Proclamation regarding the NIU CHANCE Program. Ald. Finucane presented it to Ms. Denise Amond, Director of the CHANCE program. She noted this is their 40th Regular City Council Meeting Minutes September 23, 2013 Page 2 of 8 anniversary and they will have a special event on October 4-5. Ald. Jacobson arrived at 6:09 p.m.  Proclamation declaring October as National Arts and Humanities Month Mayor Rey read the Proclamation regarding National Arts and Humanities Month.  Yards of Distinction Award: Loren and Cathy Foelske (1528 Carlisle) Mayor Rey announced that Mr. and Mrs. Foelske are being acknowledged for their yard in the Yards of Distinction program and presented it to the Foelskes.  City of DeKalb Facebook Page Update Mr. Frieders stated that the City maintains a City of DeKalb Facebook page. He noted an individual anonymously is purporting to be the City and has a Facebook page called City of DeKalb; there are many people who believe this is the official page, he said and are wondering why the City would post some of the comments. He stated the City is looking into what it can do in regard to this.  America In Bloom Mayor Rey stated that judges visited DeKalb in August. Mr. Espiritu added that the City competed with other municipalities in the country. Mr. Espiritu introduced Ms. Judy Schneider, a part-time employee who maintains the floral displays in the City. He stated she was the co-chair of the America in Bloom committee and represented the City at the recent America in Bloom symposium. Ms. Schneider stated this was a wonderful opportunity to pull together many groups who are doing great things to showcase the City. She stated over 400 cities have participated over the last twelve years. She stated that the judges were extremely impressed with the DeKalb Community Gardens project. She reported that the City received an award for the most dynamic community garden program. Dan Kenney of the Environmental Commission received special recognition for his work in the Community Gardens. Ms. Schneider stated the City was also noted for its floral displays, particularly the collaborative planters with the City, NIU and Proven Winners. Ald. Lash arrived at 6:24 p.m. Mayor Rey thanked Ms. Schneider for representing the City. Additionally, Mr. Espiritu thanked Ms. Schneider for the work she has done with the floral displays. Mayor Rey also acknowledged that Tapa La Luna hosted a fund raiser for the Community Gardens. 2. Approval of Mayor Appointments NONE.  Regular City Council Meeting Minutes September 23, 2013 Page 3 of 8 3. Citizens’ Comments NONE. E. CONSENT AGENDA – OMNIBUS VOTE MOTION Ald. Jacobson moved to approve the Consent Agenda; 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. Ald. Snow moved to approve the listing of Consent Agenda items; seconded by Ald. Finucane. Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes: Committee of the Whole September 9, 2013 Regular Meeting September 9, 2013 Approved in the Consent Agenda by Omnibus Vote. 2. Receive and File: Environmental Commission Minutes: June 5, 2013 and August 7, 2013 Human Relations Committee Minutes: May 7, 2013 and July 2, 2013 Investment and Bank Balance – August 2013 Check Register – August 2013 Received and filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 13-57 AMENDING THE CITY OF DEKALB, ILLINOIS FY 2014 STAFFING PLAN FOR THE POLICE DEPARTMENT. Approved in the Consent Agenda by Omnibus Vote. 4.RESOLUTION 13-79 AUTHORIZING THE CITY OF DEKALB TO EXECUTE A ROUTE 23 PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF AN IMPROVED ENTRANCE BY CONTRACTORS FOR 2201 SYCAMORE ROAD (ADVANCE AUTO PARTS). Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 13-80 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH HANSON PROFESSIONAL SERVICES FOR CONSULTANT SERVICES A PRECISION APPROACH PATH INDICATOR (PAPI) FOR RUNWAY 27 AT DEKALB TAYLOR MUNICIPAL AIRPORT. Approved in the Consent Agenda by Omnibus Vote. Regular City Council Meeting Minutes September 23, 2013 Page 4 of 8 6. RESOLUTION 13-81 APPROPRIATING MOTOR FUEL TAX FUNDS UNDER THE ILLINOIS HIGHWAY CODE IN THE AMOUNT OF $135,000 FOR THE KISHWAUKEE RIVER BIKEPATH BETWEEN ROUTE 38 AND PRAIRIE PARK, SECTION 13-00182-00-BT. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASE AND BID AWARDS NONE. G. PUBLIC HEARINGS NONE. H. OLD BUSINESS NONE I. ORDINANCES – SECOND READING 1. ORDINANCE 13-53 APPROVING A REZONING AMENDMENT TO THE PLANNED DEVELOPMENT COMMERCIAL “PD-C” DISTRICT FOR A QUICK 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 stated Panera has a video of where they would like the dumpster placed. He noted that staff maintains its recommendation on the location of the dumpsters. A representative from Panera narrated and explained the video. Council discussed the request and asked questions. Mr. Frieders noted that if Council wishes to approve the petitioner’s request, we would need an amendment to the southeast corner. MOTION TO AMEND Ald. Naylor moved to amend Ordinance 13-53 to move the dumpster enclosure to the southeast corner, seconded by Ald. Lash. Motion carried on voice vote. MOTION Ald. Naylor moved to pass Ordinance 13-53 as amended; seconded by Ald. Lash. Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 2. ORDINANCE 13-56 AMENDING CHAPTER 55 OF THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 55 “HOTELS AND MOTELS.” Mayor Rey read Ordinance 13-56 by title only.  Regular City Council Meeting Minutes September 23, 2013 Page 5 of 8 Mr. Frieders noted that Staff updated the ordinance to include proration on fees for new licenses, requirement of a door placard with contact information for submitting complaints to the City, and the requirement for Staff to notify Council of any changes to the sanitation standards. Ms. Vicky Torres, Best Western stated the organization of the plan and implementation will take longer to research. The issue is not money, but the organization and needs more time, she said. Ms. Daksha Patel stated she agreed with Ms. Torres and no other City charges a fee, she said. Mr. Matel Patel of Travel Inn, owner of the hotel with his father, stated there is a need for licensing and will benefit the City and hotels. He stated he has been upgrading the hotel’s gardens for the surrounding shelter. He noted that annual fees are fair, but there needs to be greater clarity regarding warnings, fines and notices. He added there should be notice so that they can make changes, if needed. Also, he said, there needs to be discussion on long term stays. He asked that Council postpone passage on the ordinance. Mayor Rey noted that the ordinance specifies a timeframe is agreed upon for correcting certain items. Mr. Frieders stated if there are violations or unsafe conditions they are unlawful whether this ordinance exists or not. Regarding inspections on rooming houses, the ordinance does not have an abatement agreement; it states it is a violation, he said. It is the City’s uniform practice to work with people and give them an opportunity to work it out; it is not a program directed toward fines, it is a program directed toward compliance, he said. Ald. Baker asked if the ordinance is passed tonight how soon could staff start. Mr. Frieders stated the City has three trained personnel who could start as soon as possible. Ald. Lash asked if the ordinance simply relates what hotels should be in compliance with currently. Mr. Frieders concurred and stated Staff is attempting to provide more detail on what are the expectations. Ald. Lash asked if there is a way for appealing the fines. Mr. Frieders stated the City does not just fine someone; there is a Circuit Court process and the City has to prove the violations. Ald. Snow considered it a pilot program; he suggested that a more effective procedure be worked out and reviewed in four months. Mr. Espiritu stated that the plan was always to come back to Council with a program and costs once all inspections are completed. Ald. Naylor agreed with a report and stated the primary issue is making the rooms safe and healthy. He recommended moving forward. MOTION TO AMEND Ald. Naylor moved to amend Ordinance 13-56 with Staff’s suggested changes; seconded by Ald. Finucane. Ms. Torres stated there are people who do not have homes who may be relocating. She noted there are different circumstances where people need to stay more than thirty days. Mr. Frieders replied that this ordinance doesn’t change the status quo on rooms rented thirty days or more. The only issue addressed, he said, is if someone has made permanent changes to the room. He added that the ordinance addresses that the establishment be kept clean. Regular City Council Meeting Minutes September 23, 2013 Page 6 of 8 VOTE Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 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, AND APPROVING ZONING, PRELIMINARY PLANS, AND GRANTING RELATED DEVELOPMENTAL APPROVALS. Mayor Rey read Ordinance 13-14 by title only. Mr. Espiritu stated that at the last meeting Council decided to reconsider its previous action and directed staff to work with the School and Park Districts. He added that Staff believes all issues have been resolved. Mr. Frieders enumerated the changes that have occurred since the last meeting and stated that if Council concurs, the ordinance will need to be amended. He added that the School District has verbally expressed they approve the plan; the Park District concurs but does not accept all parks in the plan. Mr. Frieders stated that the annexation agreement reflects that the developer will not receive credit on parks the Park District will not accept. Ald. O’Leary asked for confirmation that a restriction be placed on the senior housing units that only seniors be allowed to live there; Mr. Frieders replied that the area in question is restricted to seniors only. Ald. Snow stated this development could be a gamble, but it is gambling with developer’s money. He noted that it provides steady growth and will keep taxes down. Ald. Naylor stated he supports the development and the city needs to offer more alternative types of housing. It is well planned, has been debated and reviewed thoroughly and can be approved, he said. MOTION Ald. Naylor moved to receive and file Ordinance 13-14 with Staff’s suggested changes; seconded by Ald. Finucane. Ald. Baker stated he supports passing on first reading only tonight. Ald. Finucane stated that the recently Illinois Realtors Association noted that home sales are up 17% from last year. He added that Sycamore issued 23 new permits; DeKalb has two which reflects the lack of availability in DeKalb. He added that this subdivision will grow in the next 20 year. He added that the City needs to look to the future and bring this forward. This will come under our tax rolls immediately, he said. VOTE Motion carried 6-2 on roll call vote. Aye: Finucane, Snow, Naylor, Baker, O’Leary, Rey. Nay: Jacobson, Lash. Mayor Rey declared the motion passed.  Regular City Council Meeting Minutes September 23, 2013 Page 7 of 8 K. RESOLUTIONS NONE. L. REPORTS – COMMUNICATIONS Ald. Jacobson asked for the report on the road study; Mr. Moore replied it should be on the next Committee of the Whole Meeting Agenda. Ald. Jacobson stated he and the Mayor visited Washington DC to meet with officials; he added the representatives were very receptive. Ald. Lash stated she will receive calls regarding Irongate – 30-50 people will likely say they appreciate her “no” vote. She stated nothing is going to change if you preach to the choir and added to not be afraid to call Council. Ald. Naylor expressed congratulations to the athletic teams in area. He asked Mr. Frieders if there any legal ramifications regarding the imposter Facebook page. Mr. Frieders stated that whoever is anonymously maintaining the page is posting information that may be actionable by the individuals targeted. Additionally, the page is also targeting businesses with information that are attacks, he said. The City is exploring all potential options, he said. The best outcome is if the person makes it clear it is not a government page or not the City, and hopefully we will not have to take legal action, he said. He added that perhaps the newspapers will look at this and see it is harming the community, and the person will redirect their efforts and not hide behind anonymity. Ald. O’Leary stated that there is negativity because of the property on Lincoln, but our School District built new high school based on new EAV. We have not had new houses, she said. At a certain point, if we don’t get new EAV our property taxes will double or triple, she added and that is the main reason she changed her vote. Mr. Espiritu thanked Council for bringing electronic devices to meetings and advised this is the last meeting a printed Agenda will be provided. This Agenda was 572 pages, he said, and by not printing we would have saved over 17,000 pieces of paper. The entire Agenda is available on the website, he said. Chief Hicks stated that the Fire Department will host an open house on October 6th – from 8am- noon with pancake breakfast at Fire Station #1. Mr. Moore advised that all toters have been delivered and the changeover has been very successful. Some residents don’t like sizes; switching of sizes will be accommodated, he said. Taylor should be open Friday; 1st street moving quickly; railroad repairs at 4th and 2nd may occur soon, he added. Mr. Hiland reported that the NIU sign is at Ducky’s and Jersey Mikes opens next week. Mayor Rey thanked NIU President Baker for hosting the trip to Moscow ID. He commented on the teamwork between that city and the university and noted many creative things are occurring in the community. He added that the lobbyist scheduled appointments with the Departments of Commerce, Agriculture and Transportation for him and Ald. Jacobson on their visit to Regular City Council Meeting Minutes September 23, 2013 Page 8 of 8 Washington. Additionally, they met with Senators Durbin, Kirk and Rep. Hultgren and Kinzinger. 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. Jacobson moved to hold a closed session to discuss Personnel as provided for in 5 ILCS 120/(c)(1); Collective Bargaining 5 ILCS 120/2(c)(2) and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. Finucane. 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 7:46 p.m. N. ADJOURNMENT MOTION Ald. Naylor moved to adjourn the meeting; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 8:30 p.m. Approved by City Council: October 14, 2013 ___________________________________ DIANE K. WRIGHT, Deputy City Clerk