City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB March 24, 2014 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, March 24, 2014 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 5:01 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, and Alderman Ronald Naylor. Absent were Alderman David Jacobson (arrived at 5:02 p.m.), Alderman David Baker (arrived at 5:02 p.m.), and Alderman Monica O’Leary (arrived at 5:04 p.m.). Also present were: Anne Marie Gaura, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; John Laskowski, Assistant Public Works Director – Engineering; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk; Tammey Higgins, Deputy City Clerk; and Ruth Scott, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) FIRE DEPARTMENT ANNUAL REPORT Chief Hicks presented the Fire Department’s Annual Report to Council. His comments were supported by slides shown on the monitors. He covered multiple items including staff promotions; reduction in overtime costs; results of remodeling projects at Fire Department facilities; apparatus upgrades; technical advancements; HAZMAT Team status; Technical Rescue group status; grant and loan backgrounds. He also provided commentary on charts providing information regarding areas covered by different response districts; requests for service background; etc. Chief Hicks thanked Council for their commitment to safety and the Fire Department staff for their commitment and efforts. After discussion with Council on various items covered by the Annual Report, Chief Hicks introduced a brief video of scenes from different events covered by the Fire Department. Committee of the Whole Meeting March 24, 2014 Page 2 of 2 2) CONSIDERATION OF ADOPTION OF GENDER NEUTRAL REFERENCES AND PRONOUNS IN KEEPING WITH TRENDS IN MUNICIPAL LAW AND PRACTICE, AND AT THE REQUEST OF TWO ALDERWOMEN, COUNCIL DISCUSSION REGARDING THE POTENTIAL TO ADOPT A POLICY OF USING GENDER NEUTRALITY IN OFFICIAL CITY DOCUMENTATION IS REQUESTED. City Attorney Frieders advised that Council was being asked to revisit the City’s approach in regard to gender language used by staff. He stated that staff had performed research on other community approaches to utilizing gender neutral language. He requested that Council direct staff as to their desire to address this issue. Extensive discussions followed among Council members with clarifications from Mr. Frieders. MOTION Ald. Baker moved to direct staff to modify future language to utilize gender neutral pronouns such as “he/she” or “they” in all City documentation; seconded by Ald. O’Leary. Motion carried 7-1 on roll call vote. Aye: Jacobson, Finucane, Snow, Naylor, Baker, O’Leary, Rey. Nay: Lash. Mayor Rey declared the motion passed. 3) APPROVAL TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(C)(1); SECURITY PROCEDURES AND THE USE OF PERSONNEL 5 ILCS 120/2(C)(8); PENDING OR IMMINENT LITIGATION 5 ILCS 120/2(C)(11); AND WORKER’S COMPENSATION 5 ILCS 120/2(C)(12). MOTION Ald. Snow moved to approve holding a Closed Session to discuss Personnel as provided for in 5 ILCS 120/2(c)(1); Security Procedures and the Use of Personnel as provided for in 5 ILCS 120/2(c)(8); Pending or Imminent Litigation 5 ILCS 120/2(c)(11); and Worker’s Compensation as provided for in 5 ILCS 120/2(c)(12); seconded by Ald. Jacobson. Motion carried on roll call 8-0. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, and Rey. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public at 5:42 p.m. Mayor Rey opened the meeting to the public at 6:12 p.m. D. ADJOURNMENT: MOTION Ald. Finucane moved to adjourn the meeting; seconded by Ald. Snow. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 6:14 p.m. ________________________________ ______________________________ Tammey Higgins, Deputy City Clerk Ruth Scott, Deputy City Clerk Approved by City Council April 14, 2014  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB March 24, 2014 The City Council of DeKalb, Illinois, held a regular meeting on Monday, March 24, 2014 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:16 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: Anne Marie Gaura, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; John Laskowski Assistant Director of Public Works/City Engineer; Derek Hiland, Principal Planner; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk, Diane Wright, Deputy City Clerk; and Ruth Scott, 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. Naylor moved to approve the 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. D. PUBLIC HEARING: NONE. E. SPECIAL ITEMS OR PRESENTATIONS AND CITIZENS’ COMMENTS: 1. SPECIAL ITEMS  Introduction of Ruth Scott, Administrative Associate in Clerk’s Office Ms. Gaura introduced Ms. Scott who has been hired as an Administrative Associate. Her primary duties include preparation of Agenda, assisting with Council Minutes, FOIAs, and issuance of licenses. Ruth has over 28 years of administrative experience. Mayor Rey and Council Members welcomed Ruth. Regular City Council Meeting Minutes March 24, 2014 Page 2 of 8  Proclamation: Earth Hour – Saturday, March 29, 2014 Mayor Rey read the Proclamation announcing Earth Hour on Saturday, March 29, 2014 and presented it to John Laskowski.  Proclamation: Northern Illinois University Master of Public Administration Day – April 11, 2014 Mayor Rey read the Proclamation announcing Northern Illinois University’s Master of Public Administration Day on April 11, 2014 and presented it to Denise Burchard.  Proclamation: National Public Safety Telecommunications Week – April 13-19, 2014 Chief Lowery introduced Interim Supervisor Latoya Marz. He noted some of the accomplishments and duties the telecommunicators perform in their daily operations. Mayor Rey read the Proclamation declaring April 13-19, 204 as National Public Safety Telecommunications Week and presented it to Telecommunicator Latoya Marz. 2. APPROVAL OF MAYOR APPOINTMENTS NONE. 3. CITIZENS’ COMMENTS Mayor Rey asked if there were any citizens who wished to speak on an item not on the Agenda. There were none. F. CONSENT AGENDA – OMNIBUS VOTE: Ald. Jacobson asked to remove F.5 and F.7 from the Consent Agenda. MOTION Ald. Naylor moved to approve the Consent Agenda as amended; 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. MOTION Ald. Finucane moved to approve the listings on the Consent Agenda; seconded by Ald. Naylor. 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: March 10, 2014 Regular Meeting: March 10, 2014 Approved in the Consent Agenda by Omnibus Vote.  Regular City Council Meeting Minutes March 24, 2014 Page 3 of 8 2. Receive and File: Airport Advisory Board Minutes: January 21, 2014 February 2014 Investment and Bank Report Summary of General Fund Year-to-Date Revenues and Expenditures Detailed General Fund Year-to-Date Revenues and Expenditures Received and filed in the Consent Agenda by Omnibus Vote. 3. RESOLUTION 2014-05 SEEKING PERMISSION TO REGULATE TRAFFIC ON ILLINOIS ROUTE 38 BETWEEN FIRST STREET AND FOURTH STREET MONDAY, MAY 26, 2014 FOR THE PURPOSE OF HOLDING A MEMORIAL DAY PARADE. Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 2014-06 DESIGNATING RUDY ESPIRITU, ASSISTANT CITY MANAGER, AS THE AUTHORIZED AGENT OF THE CITY OF DEKALB FOR THE ILLINOIS MUNICIPAL RETIREMENT FUND PROGRAM. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 2014-07 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH TRAFFIC ANALYSIS AND DESIGN, INC. TO PROVIDE TRAFFIC COUNTS IN THE DSATS REGION. Approved in the Consent Agenda by Omnibus Vote. G. PURCHASE AND BID AWARDS: 1. REQUEST FOR PROPOSAL FOR A PAY, COMPENSATION AND CLASSIFICATION STUDY. Ms. Gaura stated the request is broken into three parts: the first part addresses pay and salary range, benefits and appropriate work week, compensation time, etc., for management employees. Part two deals with job descriptions for all employees. Part three deals with performance management system. She noted that there is $25,000 allocated in the budget for this fiscal year; staff recommends this amount be utilized this year. Additionally, staff recommends $25,000 be budgeted for FY15. She added that depending if Council chooses to proceed with one or all three of the parts of the study, the cost could be reduced. Ald. Baker asked if the Clerk’s office would be included; Mr. Frieders replied that the appointed positions would be included. Ald. Baker asked if elected officials would be included. Mr. Frieders stated it may be difficult to compare elected officials. Ald. Naylor expressed his support of the study. He added he would like to include a presentation to Council of the proposal. Ald. Lash asked how a reorganization would impact job descriptions. Ms. Gaura replied that any time there is a change in a position, staff would revise and update that job description. Regular City Council Meeting Minutes March 24, 2014 Page 4 of 8 Ald. Jacobson asked why this is a value to the taxpayer. Ms. Gaura replied the City needs to ensure it is in compliance with laws; particularly the American with Disabilities Act where the job description becomes vital. Additionally, the City needs to insure it is in compliance with the Fair Labor Standards Act. MOTION Ald. Naylor moved to approve the request for a proposal for a Pay, Compensation and Classification Study; seconded by Ald. Baker. Motion carried 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. H. OLD BUSINESS: NONE. I. ORDINANCES: 1. ORDINANCE 2014-07 APPROVING A SPECIAL USE PERMIT FOR A RESTAURANT WITH DRIVE THRU FACILITY ALONG WITH SIGNAGE WAIVERS (CULVER’S) AT 1262 WEST LINCOLN HIGHWAY, DEKALB, ILLINOIS. Mayor Rey read Ordinance 2014-07 by title only. Mr. Espiritu stated the Planning and Zoning Commission recommended a special use permit with several considerations. However City staff recommends copper or brass material for the walls and limestone veneer on the drive-thru façade. Staff also recommends a 1’ reveal pier on the south building wall. Mr. Ryan Swanson, Project Manager with Arc Design Resources, spoke regarding the modified elevations that included a stone veneer on the drive-thru. He discussed the wall signage and referred to a picture in the backup packet. Mr. Newkirk stated the light fixtures are identical – simply a difference in color. There is an additional cost of $2,200; the Plan Commission approved the white lights to save the additional expense. Ald. Baker stated this would be a welcome addition to the Sixth Ward. Ald. Lash agreed the white lights are fine, but would like to keep the outside the same. Ald. Jacobson asked why the Newkirks chose DeKalb. Mr. Newkirk replied he has been working with Culvers for some time and Culvers recommended markets where they wanted to open. He added he believes DeKalb would be a great location and his family would like to become members of the community. He added he projects $100,000 in sales tax for the City. Mr. Espiritu stated the signs exceed what is in the sign ordinance; however, the Plan Commission agreed to the variance as well as staff. Mr. Newkirk stated the overall sign is 5’ less than the City’s maximum. However, they would like to include three extra lines on the sign board which exceed the City’s maximum; the additional lines are needed, he said. Ald. Snow suggested that staff revisit the sign ordinance. Ald. Naylor stated the sign ordinance was an attempt to standardize signs and agreed that the ordinance should be reviewed. Ald. Baker suggested the signs be looked at individually.  Regular City Council Meeting Minutes March 24, 2014 Page 5 of 8 Discussion ensued regarding the privacy fence, the drive-thru and the rear of the building. MOTION Ald. Lash moved to amend Ordinance 2014-07 authorizing special use, subject to revision to remove the requirement for white lights; seconded by Ald. Finucane. MOTION TO AMEND Ald. Baker moved to amend Ald. Lash’s motion to approve the ordinance authorizing the special use subject only to the recommendations of the Plan Commission; seconded by Ald. Jacobson. Motion carried 5-3 on roll call vote. Aye: Baker, Jacobson, Finucane, Snow, Rey. Nay: Lash, Naylor, O’Leary. Mayor Rey declared the motion passed. The amendment passed, and the underlying amended motion passed. Accordingly, the final action was approval of the ordinance with the Plan Commission recommendations. There are four Plan Commission recommendations listed in the staff memo; those are to be incorporated into the ordinance. MOTION Ald. Finucane moved to waive second reading of Ordinance 2014-07; 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. MOTION Ald. Jacobson moved to pass Ordinance 2014-07 subject to the fifth condition; 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 2014-08 AMENDING THE CITY OF DEKALB, ILLINOIS FY 2014 STAFFING PLAN FOR THE POLICE DEPARTMENT. Mayor Rey read Ordinance 2014-08 by title only. Mr. Espiritu stated these officers have been budgeted in the FY 2014 budget. Staff recommends approval of the staffing plan to begin the process of hiring the officers. Staff will bring back to Council a budget amendment, he said. Chief Lowery explained the spike in service and calls. He noted that DeKalb has more calls per officer per year than any other comparable community. Currently there are 62 officers, he said. MOTION Ald. Baker moved to receive and file Ordinance 2014-08; seconded by Ald. Lash. Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to waive second reading of Ordinance 2014-08; 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. MOTION Ald. Lash moved to pass Ordinance 2014-08; seconded by Ald. O’Leary. Motion carried 8-0 on Regular City Council Meeting Minutes March 24, 2014 Page 6 of 8 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. 3. ORDINANCE 2014-06 AUTHORIZING RENEWAL OF AGGREGATION PROGRAM FOR ELECTRICAL LOAD. Mayor Rey read Ordinance 2014-06 by title only. Mr. Laskowski stated the City received four bids for electrical aggregation. He introduced Mike Mudge, the City’s consultant on the program. Mr. Mudge stated the program has been beneficial to the City. The market has moved, he said, and the bids received are for the City’s consideration. He is recommending Homefield Energy and explained the program. Ald. Jacobson wanted residents to be aware that their costs will increase. He added he is concerned that residents could not opt out if Com Ed’s prices changed. Mr. Mudge stated the suppliers cannot offer this due to the market. Mayor Rey stated the individual could opt out by checking Com Ed’s rates. Mr. Mudge stated rates can be compared; Com Ed posts their rates once a year. MOTION Ald. Naylor moved to receive and file Ordinance 2014-06; seconded by Ald. Finucane. Motion carried on voice vote. Mayor Rey declared the motion passed. Ald. Jacobson asked if there is any risk in waiting until ComEd releases rates in July. Mr. Mudge stated there is a time period to send letters and give the option of opting out. If the City doesn’t have a contract by July, citizens will be on their own. The 90-day window is very tight, he said. Ald. Finucane stated the rates would have to be rebid if the City waited. Mr. Mudge agreed and the rates could be higher the first of May. John Laskowski stated this would be a three year recommendation. MOTION Ald. Finucane moved to waive second reading of Ordinance 2014-06; seconded by Ald. Snow. Motion carried 7-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Nay: Jacobson. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to pass Ordinance 2014-06; seconded by Ald. Snow. Motion carried 7-1 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Nay: Jacobson. Mayor Rey declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 2014-08 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AGREEMENT WITH FEHR GRAHAM, LLC TO PROVIDE ENGINEERING SERVICES FOR THE SOUTH 4TH STREET WATER MAIN PROJECT IN DEKALB, ILLINOIS IN AN AMOUNT OF $35,300.00. Mayor Rey read Resolution 2014-08 by title only.  Regular City Council Meeting Minutes March 24, 2014 Page 7 of 8 Ald. Naylor suggested engineering services be based on qualification selection process rather than a bid. John Laskowski replied staff has criteria to evaluate the proposals. He noted the design was simple; the only difference was the consultant’s approach in design. MOTION Ald. Finucane moved to pass Resolution 2014-08; seconded by Ald. Naylor. 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. REQUEST TO WAIVE COMPETITIVE BIDDING AND RATIFY A TEMPORARY WORKER FROM OFFICETEAM IN THE FINANCE DIVISION IN THE AMOUNT NOT-TO-EXCEED $23,000.00. Mr. Espiritu stated this is an authorization to waive competitive bidding and not exceed $23,000.00. Ald. Jacobson asked what are the terms of the agreement; Mr. Espiritu responded with the terms. MOTION Ald. Naylor moved to pass the request to waive competitive bidding and ratify a temporary worker from OfficeTeam in the Finance Division in the amount not to exceed $23,000.00; seconded by Ald. Finucane. Motion carried on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. L. REPORTS – COMMUNICATIONS: Ald. Finucane stated this Wednesday is National Agriculture Day. Mayor Rey acknowledged that NIU is in the second round of its Bold Futures workshops. The workshops are online and he participated in one last week. Each participant was assigned a question to pursue over the next two weeks. Community members were encouraged to join the workshops. Mr. Frieders stated that individuals soliciting for utility supply are required to register with the City and identify to the citizens whether or not they are working for the City. Citizens are urged to contact the City Clerk’s office if the solicitors don’t identify themselves. 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); SECURITY PROCEDURES AND THE USE OF PERSONNEL 5 ILCS 120/2(C)(8); PENDING OR IMMINENT LITIGATION 5 ILCS 120/2(C)(11); AND WORKER’S COMPENSATION 5 ILCS 120/2(C)(12). Not acted on at this meeting. N. ADJOURNMENT: Ald. Finucane moved to adjourn the meeting; seconded by Ald. O’Leary. Motion carried on voice Regular City Council Meeting Minutes March 24, 2014 Page 8 of 8 vote. Mayor Rey declared the meeting adjourned at 7:54 p.m. ___________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved by City Council April 14, 2014