City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB December 9, 2013 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, December 9, 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, 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; Derek Hiland, Principal Planner; Laura Pisarcik, Finance/Purchasing Director; Jeff Birtell, 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 A REQUEST TO SET THE DECEMBER 2013 MEETING SCHEDULE. Mr. Espiritu commented on past history of cancellation of the last meeting in December. After discussion it was Council’s consensus to cancel the December 23rd COW and Council meetings. 2) CITY HALL SECURITY DISCUSSION. Mayor Rey commented that he felt the Council should focus discussion of this issue on a policy level with the end result being Council directing staff to return with recommendations for operational approaches. Mr. Moore advised Council on multiple operational issues that had arisen over the last couple of weeks since the Police have moved to their new building. These issues included general building access; 2nd floor access; the Finance Division’s relocation to the first floor to alleviate traffic on Committee of the Whole Meeting December 9, 2013 Page 2 of 2 the second floor and provide a presence on the first floor to citizens. It was discussed that some remediation work would need to be completed before they could move. Additional issues were raised regarding moving the Monday Court session to another location to alleviate crowding in the hallways and provide better security for employees. It was also discussed that since the Police have moved out of the building, there is no longer 24-hour access. Therefore, the building cannot be used as a warming center or shelter during storms except during normal business hours. This will affect Southmoor Estates residents who currently use the building as a shelter. Council discussed options: utilizing Police Station as a 24-hour shelter, having a staff person remain at City Hall with citizens seeking shelter. After lengthy discussion of multiple issues between Council and staff, staff was directed to bring back options in January regarding multiple items, including moving Court from City Hall, shelter suggestions, including other shelter options for citizens’ use. 3) 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 OR LEASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); SALE OR LEASE OF REAL PROPERTY 5 ILCS 120/2(c)(6); AND PENDING LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Snow moved to approve holding 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); Sale or Lease of Real Property 5 ILCS 120/2(c)(6); and Pending Litigation 5 ILCS 120/2(c)(11); 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. Mayor Rey closed the meeting to the public at 5:49 p.m. Mayor Rey opened the meeting to the public at 6:09 p.m. D. ADJOURNMENT: MOTION Ald. Finucane moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 6:09 p.m. ______________________________________ TAMMEY M. HIGGINS, Deputy City Clerk Approved by City Council January 13, 2014  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB December 9, 2013 The City Council of DeKalb, Illinois, held a regular meeting on Monday, December 9, 2013 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:13 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, 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; Jennifer Diedrich, Economic Development Coordinator; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk; and Diane Wright, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Finucane led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS Mr. Espiritu stated that the developer requested that Item J.1 be continued to the first meeting in January. MOTION Ald. Finucane moved to approve the Agenda 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. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items  Resolution 13-89 Approving Of The Appointment Of Anne Marie Gaura As City Manager And Approving An Employment Contract Relating Thereto. Mayor Rey read Resolution 13-89 by title only. Regular City Council Meeting Minutes December 9, 2013 Page 2 of 8 MOTION Ald. Finucane moved to pass Resolution 13-89; 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. Mayor Rey introduced Ms. Gaura and stated a public reception will be held once she commences her employment with the City. Mr. Espiritu welcomed and congratulated Ms. Gaura on behalf of the staff and added that staff would work with Ms. Gaura to make her transition smooth. Ms. Gaura thanked the Mayor and Council for their vote of confidence. She stated this is a dream come true for her to come to DeKalb as she has fallen in love with the community. She thanked her husband, mother-in-law and sister and said she welcomed the challenges ahead. Mayor Rey stated the search for City Manager was a six-month process and he added he is excited to have Ms. Gaura join the City and looks forward to working with her.  Keep Encouraging Youth to Succeed (KEYS) Award Presentation to Evan Guest Ms. Mary Hess, Program Director for KEYS provided a background on KEYS. She presented the “Leaders of Tomorrow” award to Evan Guest, a senior at DeKalb High School who was nominated by Mayor Rey. Evan was acknowledged for his volunteerism, involvement in National Honor Society, Student Council, Vice President of the Senior Class and his participation in many activities in the community. Mayor Rey stated he believes Evan will be seated in the mayoral chair or other elected office one day.  Proclamation – NIU Huskies Mayor Rey read the Proclamation declaring December 26, 2013 as NIU Huskies Day. In addition, he noted that Jordan Lynch was recently nominated for the Heisman Trophy. He congratulated the Huskies on their season.  DeKalb Recycle Bank Program - Matt Hernandez of Waste Management Mr. Matt Hernandez of Waste Management introduced Ms. Kim Newman, Senior Account Manager who explained the Recycle Bank Program including the incentives and promotions.  Prairie State Legal Services (Kathryn Bettcher) – Human Services Funding Update Ms. Bettcher, managing attorney of the Fox Valley office, stated that Prairie State Legal provides legal services to low income families. She thanked Council for their continued funding. 2. Approval of Mayor Appointments NONE. 3. Citizens’ Comments  Regular City Council Meeting Minutes December 9, 2013 Page 3 of 8 E. CONSENT AGENDA – OMNIBUS VOTE Ald. Naylor asked to remove Item E.4 from the Consent Agenda. MOTION Ald. Snow moved to approve the Consent Agenda as amended; 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. MOTION Ald. Finucane moved to approve the listing of Consent Agenda items as amended; 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. 1. Approval of City Council Minutes: Special Meeting – November 1, 2013 and November 9, 2013 Committee of the Whole – November 25, 2013 Regular Meeting – November 25, 2013 Closed Sessions Approved in the Consent Agenda by Omnibus Vote. 2. Receive and File: NONE. 3. RESOLUTION 13-90 APPROPRIATING MOTOR FUEL TAX FUNDS UNDER THE ILLINOIS HIGHWAY CODE IN THE AMOUNT OF $350,000 FOR THE ANNIE GLIDDEN ROAD CLOSE-OUT SECTION 05-00160-00-WR. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 13-92 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO EXTEND THE INTERGOVERNMENTAL TAX ABATEMENT AGREEMENT WITH DEKALB COMMUNITY UNIT SCHOOL DISTRICT #428, DEKALB PARK DISTRICT, DEKALB LIBRARY DISTRICT, DEKALB SANITARY DISTRICT AND DEKALB TOWNSHIP THROUGH JULY 31, 2014. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASE AND BID AWARDS 1. APPROVAL OF A STAFF REQUEST TO AWARD A BID TO ELLIOTT & WOOD FOR THE JOANNE LANE LEVEE PIPE UPGRADE IN THE AMOUNT OF $83,499.90. MOTION Ald. Naylor moved to approve staff’s request to award a bid to Elliott & Wood for the Joanne Lane levee pipe upgrade in the amount of $83,499.90; seconded by Ald. O’Leary. Motion carried Regular City Council Meeting Minutes December 9, 2013 Page 4 of 8 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. G. PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON GLIDDEN CROSSING – ANNEXATION AGREEMENT THIRD AMENDMENT. Mayor Rey opened the Public Hearing at 6:44 p.m. Aaron Szeto, attorney for the owner of the property, spoke regarding the annexation agreement which is requesting that the prohibition on bars and taverns be lifted at the development site. Mike Thiessen, Blackhawk Restaurant Group, stated his group maintains restaurants in five states. He said the proposed restaurant, “Penny’s” would be casual and upscale with a bistro-style menu. Their group focuses on grocery-anchored centers, he said; it is not a traditional bar. He noted that food will always be available during hours of operation; there is a three-drink maximum and everyone entering the establishment is carded. Liquor represents between 14% and 17% of sales, he said. He stated that they either have or will have restaurants in Bartlett, Elk Gove Village, Hoffman Estates, Joliet, Morton Grove, Oak Lawn, Oakbrook Terrace, Prospect Heights and Sycamore. Typical hours of operation, he said, are 10:00 am-10:00 pm. Fred Reynolds, Salt Lake City, Utah, stated the only permission needed is from Schnucks and they designated the spot in the shopping center where they preferred Penny’s to locate. Ald. Lash asked how the smoking issue would be addressed in the strip mall. Mr. Thiessen stated Penny’s is not a drinking establishment, they do not encourage people to spend long periods of time there, and therefore, the environment would not be conducive to smokers. Mayor Rey stated that after seeing the Sycamore location he envisioned this as a bistro-type restaurant rather than a bar. Thomas Specht, DeKalb, Illinois stated the annexation agreement prohibited bars previously in 2006. Now Council is being asked to approve a saloon and gambling casino, he said. Also, he asked if this will be viewed as a positive move by NIU. Ms. Kay Mills, DeKalb, Illinois stated there is adequate police now in the neighborhood but stated there is a deterioration of the neighborhood where gambling casinos are allowed. She said that it is not a good move for the young people. Greg Prater, DeKalb, Illinois stated he was involved in the 2006 debate on the original annexation agreement. One of the key factors was to ban bars, he said. Allowing bars will lower the standards, he added and voiced his opposition to this amendment. He said he has a petition signed by over sixty (60) residents who do not want a bar, tavern or gambling establishment located in the area. He gave the petition to the Mayor. Joseph Pasteris, DeKalb, Illinois asked Ald. Baker if the current agreement is not considered to be a sound agreement between two parties. Ald. Baker stated the discussion previously related to another college bar. He added that video gaming was never discussed. Mr. Pasteris asked what the value of the annexation agreement is if it can be put aside.  Regular City Council Meeting Minutes December 9, 2013 Page 5 of 8 Ald. Lash asked if there is a provision that a certain amount of income must come from liquor in order to be called a bar. Mr. Frieders stated that provisions address the serving of food and also prohibiting minors. He added the City abandoned the percentage of liquor sales. Ald. Lash stated she is concerned this is setting a precedent for restaurants wanting a video gambling license. Mr. Frieders explained the restriction on minors. Ald. Lash expressed concern regarding the video gambling. Ald. Naylor stated his concern about a contract changing. He viewed the venue as similar to off-track betting parlor. Mr. Rick Mota, DeKalb, Illinois asked if Illinois did not allow video gaming, would they still come to DeKalb. Mr. Thiessen replied he liked the area and would probably come. Mr. Reynolds stated the original annexation agreement was amended to allow Goodwill to come into the Schnucks shopping center. Mr. Aaron Szeto stated it is a misnomer calling Penny’s a bar or tavern. He stated that their lease states that 70% of their sales must come from food, and liquor is not their primary operation; one-third of the revenues come from gambling. In 2006 the intent of the agreement was not to have another Molly’s or Fatty’s, he said. Mr. Frieders stated Council could close the public hearing or continue. A draft annexation agreement was drawn to permit a bar. More restrictions could be added, he said. The ordinance is not on this agenda for first reading, he said. If it is unlikely there is no support for it, it would not make sense to move forward, he added. Ald. O’Leary stated that Mr. Thiessen said if the residents do not want the establishment, he would withdraw his request. She stated they have spoken and asked him if he will withdraw his request. Mr. Thiessen stated he would have to consider this. Mr. Joe Pasteris and Ms. Kay Mills again voiced opposition to the request. Mr. Fred Williams, DeKalb, Illinois stated he would like to take a petition to his neighborhood and find their interests. Ald. Baker stated Schnucks did not serve liquor when they opened. He added that the City doesn’t want to chase Penny’s out of town. He asked residents if they would consider beer and wine with no gambling. Mayor Rey asked Council if they wanted to provide direction to staff. Ald. Baker suggested placing a restriction on hours. Mr. Reynolds stated the lease is 9:00 a.m. to 10:00 p.m. Mr. Thiessen stated he is open to suggestions and asked if the residents would be open to liquor and food only. Mr. Specht stated there is an agreement and you are renegotiating it. The Public Hearing closed at 8:03 p.m. Mr. Frieders suggested staff work with the applicant and determine which restrictions they would be willing or not willing to accept. Staff could then bring back a menu of options or statement if the developer is not interested. It is not on the agenda for action tonight, he said. Council consensus was to move forward with Mr. Frieder’s suggestion. H. OLD BUSINESS NONE. I. ORDINANCES – SECOND READING Regular City Council Meeting Minutes December 9, 2013 Page 6 of 8 1. ORDINANCE 13-73 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB CHAPTER 24, “BUILDING CODE,” SECTION 24.04 “BUILDING PERMIT FEES” BY CHANGING OR ADDING VARIOUS FEES OF SCHEDULES A, B, C, AND D. Mayor Rey read Ordinance 13-73 by title only. MOTION Ald. Finucane moved to pass Ordinance 13-73; seconded by Ald. Snow. Ald. Jacobson asked if a new building (35,000 square feet) was to be built, what would the fee be. Mr. Moore replied there are so many variables and it is difficult to give that number. Ald. Jacobson pressed him for details and stated it would be in the neighborhood of $25,000-$30,000. He stated there is no way this should cost that much and the fees are outrageous currently. Ald. Baker stated the fees are a “bargain” in DeKalb. Ald. Naylor agreed the fees are reasonable. He pointed out that the EPI report recommended that the fees need to be looked at and perhaps adjusted upward. VOTE Motion carried 6-2 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, Baker, Rey. Nay: Jacobson, O’Leary. Mayor Rey declared the motion passed. 2. ORDINANCE 13-74 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB CHAPTER 51, TRAFFIC, SECTION 51.13 “PARKING PROHIBITED” SCHEDULE C, “NO PARKING AT ANY TIME” BY ADDING THE EAST SIDE OF WAGNER COURT AND A PORTION OF THE WEST SIDE. Mayor Rey read Ordinance 13-74 by title only. MOTION Ald. Naylor moved to pass Ordinance 13-74; 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. 3. ORDINANCE 13-67 APPROVING THE 2013 AMENDMENT TO THE CITY OF DEKALB TIF REDEVELOPMENT PROJECT AREA NO. 1 (CENTRAL AREA TIF). Mayor Rey read Ordinance 13-67 by title only. MOTION Ald. Naylor moved to pass Ordinance 13-67; seconded by Ald. Snow. Mr. Frieders stated if this gets approved the property will be removed from the TIF and the following three ordinances will need to be approved. If Council defeats this ordinance, he would advise that Council not pass the following three ordinances. Mr. Espiritu stated this is the only chance to create a TIF for the Sycamore Road area; NIU Annex, Nelson and Pappas properties will not be eligible for a TIF on their own.  Regular City Council Meeting Minutes December 9, 2013 Page 7 of 8 Ald. Naylor stated he will not be able to support this because he does not believe there is a major cost involved in developing the sites. He noted some properties could be added to the Central Area TIF. Mr. Espiritu stated this is a possibility although the Central Area TIF will end in 2020. Mr. Espiritu stated the Doc Nelson site is not currently annexed, this TIF only now would include the Pappas and NIU annex properties. VOTE Motion failed 1-7 on roll call vote. Aye: O’Leary. Nay: Jacobson, Finucane, Lash, Snow, Naylor, Baker, Rey. Mayor Rey declared the motion defeated. 4. ORDINANCE 13-68 APPROVING THE TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT FOR THE SYCAMORE ROAD REDEVELOPMENT PROJECT AREA. MOTION Ald. Finucane moved to consider Ordinances 13-68, 13-69 and 13-70 in Omnibus form; seconded by Ald. Snow. Motion carried on voice vote. Mayor Rey declared the motion passed. Mayor Rey read Ordinances 13-68, 13-69 and 13-70 by titles only. MOTION Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. There was no motion to pass the ordinances. 5.ORDINANCE 13-69 DESIGNATING THE SYCAMORE ROAD REDEVELOPMENT PROJECT AREA. Please see Item I.3 above. 6. ORDINANCE 13-70 ADOPTING TAX INCREMENT FINANCING FOR THE SYCAMORE ROAD REDEVELOPMENT PROJECT AREA. Please see Item I.3 above. J. ORDINANCES – FIRST READING 1. ORDINANCE 13-78 APPROVING A REZONING REQUEST BY KEVIN LOVELL, OF LOVELL'S TIRE AND THE MARIE CHAMI ESTATE TO ALLOW FOR THE LEGAL NONCONFORMING USE OF THE TIRE BUSINESS (VEHICLE SERVICE FACILITY), LOCATED AT 404/424 LINCOLN HIGHWAY TO CONTINUE OPERATING AS A VEHICLE SERVICE FACILITY. Removed from the Agenda. K. RESOLUTIONS 1. RESOLUTION 13-91 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A FIFTY YEAR LAND LEASE AGREEMENT WITH Regular City Council Meeting Minutes December 9, 2013 Page 8 of 8 WIN AVIATION FOR HIGH TAIL HANGAR CONSTRUCTION AT THE DEKALB TAYLOR MUNICIPAL AIRPORT. Mayor Rey read Resolution 13-91 by title only. MOTION Ald. Naylor moved to pass Resolution 13-91; seconded by Ald. O’Leary. Ald. Naylor wanted to point out the positive impact this lease agreement will have on DeKalb. 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. L. REPORTS – COMMUNICATIONS Council wished all Happy Holidays. Ald. Jacobson thanked Public Works for keeping the streets clear. Ald. Finucane congratulated DeKalb High School on their recent grant. Ald. Lash announced a community concert will be held on Wednesday, December 18th. Ald. Naylor welcomed Anne Marie Gaura. He noted the IHSA was a great success, and hopefully attendance exceeded expectations. He also offered congratulations to Farandas. Chief Lowery announced the Police Benevolent Association scheduled 40 children for a $100 shopping event at Target. Chief Hicks stated the station remodel should be completed this week. 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 OR LEASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); SALE OR LEASE OF REAL PROPERTY 5 ILCS 120/2(c)(6) AND PENDING LITIGATION 5 ILCS 120/2(c)(11). Not acted on in this meeting. N. ADJOURNMENT MOTION Ald. Snow moved to adjourn the meeting; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 8:40 p.m. ___________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council January 13, 2014