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City Council

Regular Meeting

DeKalb, IL · May 27, 2014

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Minutes

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB May 27, 2014 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Tuesday, May 27, 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 5:00 p.m. A. ROLL CALL: Deputy City Clerk Wright called the roll and the following members of City Council were present: Ald. David Jacobson, Ald. Bill Finucane, Ald. Kristen Lash, Ald. Bob Snow, Ald. Ronald Naylor, Ald. David Baker (arrived at 5:04 p.m.), Ald. Monica O’Leary (arrived at 5:16 p.m.), and Mayor John Rey. Also present were: Anne Marie Gaura, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney, Wes Hoadley, Deputy Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; John Laskowski, Assistant Director Public Works–Engineering/ Transportation; Mark Espy, Assistant Public Works Director – Operations/Maintenance; Carl Leoni, Crime-Free Housing & Inspection Coordinator; Jeff Birtell, I&T Technician; Diane Wright, Deputy City Clerk; and Ruth Scott, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) PUBLIC WORKS ANNUAL REPORT Public Works Director Moore presented the 2013 Public Works Annual Report, providing a department overview and a summary of the Engineering, Street, Water, and Planning and Economic Development Divisions along with summaries of the DeKalb Taylor Municipal Airport and Community Development Block Grants. 2) FY15 BUDGET Assistant City Manager Espiritu distributed a report to City Council that summarized questions and suggestions made at the Budget Workshops on May 17, 2014 and May 19, 2014. He then opened the discussion for questions or comments from the City Council. Ald. Jacobson commented that he would like to see $500,000 cut from the budget. Mayor Rey responded that this budget was built on the priorities Council had given the City Manager and Staff. Committee of the Whole Meeting May 27, 2014 Page 2 of 3 City Manager Gaura stated there’s a fine balance between a balanced budget and a sustainable budget. She also stated that a majority of the budget is Police and Fire. If further cuts were made it would balance the budget, but would not serve the community. She advised Council to pass the budget as is and offered over the next year to prioritize core services. Ald. Naylor stated there are areas that can be reduced this year with significant funds gained and spent elsewhere. He suggested Council and Staff discuss services for the community. He acknowledged that 65% of the City’s budget was going towards Police and Fire and stated the Police Department exceeded their budget last year and this year they’re asking for $1,000,000 more. Further, the Fire Department’s budget has grown 6% from last year while other departments have decreased their budgets. Ald. Naylor stated the City can’t sustain this type of growth with revenues increasing by only 2%. He added there are other alternatives to paying the balloon payment due the airport, not just the General Fund. He further stated the City needs to continue reducing costs and set more stringent guidelines. He commented that the part-time staff additions being proposed aren’t needed in Police and Fire and that current staff should pitch in and get the work done. City Manager Gaura stated the increase in the budget for the Police and Fire Departments is because Council authorized two additional positions, and added any time there are vacancies in positions there’s an impact on staffing and overtime. She asked Council if they are satisfied with the current level of services being given to the community. She did not recommend reduction in Police and Fire staff. Ald. Naylor stated the City’s infrastructure is being sacrificed in order to maintain public safety and a high level of service. Mayor Rey asked each Council member to provide a list that specifically identifies areas they want studied and to provide the list to City Manager Gaura within the next week. City Manager Gaura replied that if Council wants to pass the budget by June 23, and wanted changes in the budget at this date, she asked for specific direction tonight. A lengthy discussion ensued between Council Members on how to create a sustainable budget and the changes that would need to take place to do so. Ald. Baker asked City Manager Gaura how much TIF money is being received. She responded $1.45 million. Ald. Baker stated he would like to take that money and pay down the City’s debt. There was a brief discussion between Ald. Baker and Ald. Lash regarding social services and the amount of funding they receive from the City. Mayor Rey stated if any Council member wants to see money allocated to other services, please include it on their list of considerations to City Manager Gaura. Mayor Rey asked Council if there are there are items in the budget that would prevent them from supporting it. Ald. Jacobson stated no, but feels overtime is an issue and would like to see staff find $480,000 in savings to balance the budget. Ald. Finucane stated no. He feels issues that come up over the next year can be addressed then. Ald. Lash stated she has no objections. She wants the needs of the community to be met. Ald. Snow stated he’s happy with the budget as presented and that the City needs to be mindful of expenditures. Ald. Naylor stated there are several items that can be altered and he will prepare a list to give to City Manager Gaura. Ald. Baker stated he is 100% behind the budget as presented. Ald. O’Leary stated she would like to see $500,000 cut from the budget, but is in agreement that the budget as presented should move forward. Mayor Rey stated Committee of the Whole Meeting May 27, 2014 Page 3 of 3 he supports the budget. The City is in a period of new leadership and change and he expressed appreciation to City Manager Gaura for the openness of budget. 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); AND PENDING OR IMMINENT LITIGATIONS 5 ILCS 120/2(c)(11). Not acted upon at this meeting. D. 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 6:20 p.m. ______________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council Date: June 9, 2014 MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB May 27, 2014 The City Council of DeKalb, Illinois, held a regular meeting on Tuesday, May 27, 2014 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:27 p.m. A. ROLL CALL: Deputy City Clerk Wright called the roll and the following members of City Council were present: Mayor John Rey, Alderman David Jacobson (arrived at 6:40 p.m.), 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; Wes Hoadley, Deputy Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; John Laskowski Assistant Director of Public Works/City Engineer; Brian Dickson, Transportation Planner; Carl Leoni, Crime-Free Housing & Inspection Coordinator; Jeff Birtell, I&T Technician; Diane Wright, Deputy City Clerk; and Ruth Scott, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Boy Scout Troop 33 presented the American Flag and led the Pledge of Allegiance. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS MOTION Ald. Snow moved to approve the Agenda; seconded by Ald. O’Leary. Motion carried 7-01 on roll call vote. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Absent: Jacobson. Mayor Rey declared the motion passed. D. PUBLIC HEARINGS None. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items  Presentation: Engineers Without Borders – John Laskowski City Engineer Laskowski stated he has spent the last four years in the Engineers Without Borders program. This program partners with a group in Mexico called Center for Appropriate Technology and Indigenous Sustainability (CATIS). Regular City Council Meeting Minutes May 27, 2014 Page 2 of 7 He reported he spent one week in Mexico with two professors and eight engineers during which time they worked on a filter technology made of clay and sawdust that will provide clean drinking water to citizens of rural Mexico. City Engineer Laskowski also provided a slideshow of the trip. 2. Approval of Mayor Appointments None. 3. Citizens’ Comments Ms. Barbara Dettmer of International Codes Consultants and Inspections, Inc. (ICCI), located in Oswego, Illinois, spoke on item F.5. - Ordinance 2014-13, Ratifying a Services Agreement with SafeBuilt Illinois, Inc. Ms. Dettmer stated that ICCI has been in business for over 21 years and serves many of DeKalb’s neighboring communities. She further stated that ICCI would like the City to know there are other alternatives to providing services, and would like to have the opportunity to do so. F. CONSENT AGENDA – OMNIBUS VOTE Ald. Naylor asked that Items F.4. and F.5. be removed from the consent agenda for further discussion. Both items moved to J.1. and J.2. respectively. MOTION Ald. Lash moved to approve the Consent Agenda; seconded by Ald. Snow. 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: Committee of the Whole: April 28, 2014 Regular Meeting: April 28, 2014 Committee of the Whole: May 12, 2014 Regular Meeting: May 12, 2014 Approved in the Consent Agenda by Omnibus Vote. 2. Receive and File: Human Relations Commission Minutes: March 4, 2014 Investment and Bank Balance Summary: April 2014 Quarterly Investment Report Check Register Received and filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 2014-011 AMENDING CHAPTER 10 “LANDLORD- TENANT REGULATIONS,” OF THE CITY OF MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, SECTION 10.16(F) LANDLORD EDUCATIONAL PROGRAMS. Approved in the Consent Agenda by Omnibus Vote. Regular City Council Meeting Minutes May 27, 2014 Page 3 of 7 4. ORDINANCE 2014-014 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 24 “BUILDING CODE,” SECTION 13 “AMENDMENT OF NFPA STANDARDS.” Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 2014-031 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, ON BEHALF OF THE DEKALB-SYCAMORE AREA TRANSPORTATION STUDY, FOR TRANSPORTATION PLANNING FUNDS FOR THE PERIOD BEGINNING JULY 1, 2014 AND ENDING JUNE 30, 2015. Approved in the Consent Agenda by Omnibus Vote. 6. RESOLUTION 2014-032 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO AMEND LAND LEASE AGREEMENT WITH WIN WIN AVIATION TO REFLECT NAME CHANGE TO HANGAR RIGHT, LLC FOR HIGH TAIL HANGAR CONSTRUCTION AT THE DEKALB TAYLOR MUNICIPAL AIRPORT. Approved in the Consent Agenda by Omnibus Vote. 7. RESOLUTION 2014-033 PROVIDING APPROVAL FOR INTERIM FUEL PURCHASING PROCESS FOR CITY FUEL NEEDS. Approved in the Consent Agenda by Omnibus Vote. 8. APPROVAL OF STAFF REQUEST TO WAIVE COMPETITIVE BIDDING AND RATIFY TWO TEMPORARY WORKERS FROM FURST STAFFING IN THE CITY MANAGER’S LEGAL AND FINANCE DIVISIONS. Approved in the Consent Agenda by Omnibus Vote. 9. APPROVAL OF STAFF REQUEST TO USE DONATIONS FROM COMMUNITY-BASED RESOURCES TO PURCHASE FITNESS EQUIPMENT AND A DEFIBRILLATOR FOR THE POLICE STATION NOT TO EXCEED $4,100.00. Approved in the Consent Agenda by Omnibus Vote. Ald. Jacobson arrived at 6:40 p.m. G. PURCHASE AND BID AWARDS 1. APPROVAL TO REJECT BIDS FOR FOURTH STREET WATERMAIN PROJECT. City Engineer Laskowski explained there was only company that bid on the project and explained the project. Mayor Rey asked how this would impact the Illinois Department of Transportation’s calendar. Regular City Council Meeting Minutes May 27, 2014 Page 4 of 7 City Engineer Laskowski responded the plans would be maintained. Discussion ensued between City Engineer Laskowski and Council regarding current water mains, water main breaks, and road resurfacing and the project. MOTION Ald. Naylor moved to direct staff to reevaluate the bid, negotiate with the single bidder, and come back to the June 9, 2014 Council Meeting for review; seconded by Ald. Baker. Motion carried on a 7 – 1 roll call vote. Aye: Jacobson, Finucane, Lash, Naylor, Baker, O’Leary, Rey. Nay: Snow. Mayor Rey declared the motion passed. 2. APPROVAL TO REJECT BIDS FOR EMERALD ASH BORER INSECTICIDAL TREATMENT. Mr. Moore explained that bid results received were difficult to interpret. Therefore, he asked for approval to reject all bids and rebid the project. MOTION Ald. Baker moved to approve staff’s recommendation to reject bids for the Emerald Ash Borer Insecticidal Treatment; 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. I. OLD BUSINESS None. J. ORDINANCES Removed from Consent Agenda 1. ORDINANCE 2014-012 AMENDING CHAPTER 38 “INTOXICATING LIQUORS” OF THE MUNICIPAL CODE OF THE CITY OF DEKALB, SECTION 38.04 (F) APPLICATION FOR AND RENEWAL OF LIQUOR LICENSE OR PERMIT. City Attorney Frieders explained that in the past, liquor licenses were decided upon by the Liquor Commission. Recently, more interest has come from Council in being involved in liquor and gaming issues. Therefore, a recommendation has been developed to encourage greater City Council involvement. Initially it would be subject to staff review and the Liquor Commissioner (Mayor) and come to City Council for final approval. Renewals or issuance of incidental licenses would be under the jurisdiction of the Liquor Commissioner with review of staff. The ordinance contemplates approval by the Liquor Commissioner or, if required greater approval, would go on to City Council. Ald. Naylor stated he concurs with the amendment and wants to see more Council involvement. Ald. Jacobson stated the amendment is unnecessary. The Liquor Commission was dissolved and a Liquor Commissioner is in place to make the decisions regarding liquor licenses. He further stated that changing the Code makes the City look unfriendly to those wanting to open businesses in DeKalb. Ald. Baker agreed with Mr. Jacobson’s statement. Regular City Council Meeting Minutes May 27, 2014 Page 5 of 7 City Attorney Frieders noted that this recommendation comes from staff and has been discussed with the Mayor. Ald. Lash stated these decisions shouldn’t be made by one person; having more people involved in the process adds a level of accountability. A lengthy discussion ensued between City Council and City Attorney Frieders regarding liquor licenses and the approval process. AMENDED MOTION Ald. Jacobson moved to amend Ordinance 2014-012 to allow the Liquor Commissioner the option to come before Council with liquor license issues if he desires, but the final approval be at the Liquor Commissioner’s discretion; seconded by Ald. Baker. Discussion ensued regarding the process and the Amended Motion. VOTE ON AMENDED MOTION Motion failed on a 3-5 roll call vote. Aye: Jacobson, Baker, Finucane. Nay: O’Leary, Lash, Snow, Naylor, Rey. Mayor Rey declared the motion defeated.. MOTION Ald. Snow moved to receive and file Ordinance 2014-012 as drafted; seconded by Ald. Lash. Motion passed on a 5-3 roll call vote. Aye: O’Leary, Lash, Snow, Naylor, Rey. Nay: Jacobson, Baker, Finucane. Removed from Consent Agenda 2. ORDINANCE 2014-013 RATIFYING A SERVICES AGREEMENT WITH SAFEBUILT ILLINOIS, INC. AND APPROVING TEMPORARY BUILDING MEASURES FOR THE CITY OF DEKALB, ILLINOIS. City Attorney Frieders provided background on the proposed ordinance. Currently, the City has a temporary agreement with SafeBuilt to provide professional services to temporarily provide permit review and building inspections under City Manager Gaura’s financial discretion. Ald. Baker asked if the Fire Department still complete rooming house inspections. City Attorney Frieders replied they do the inspections, but with the assistance from other personnel. It’s possible the Fire Department could find issues that would need to be addressed by the Building Department. Ald. Baker asked if the Fire Department’s role would be eliminated. City Attorney Frieders replied it would not. Ald. Lash asked how long the term would be. City Attorney Frieders replied that Council would need to determine if they wants to move forward with outsourcing. If so, options would be given to restructure the inspection process. Ald. Lash expressed concern that SafeBuilt would have an unfair advantage over other bidders as it would already know the City’s operations. City Attorney Frieders stated the bid process would be neutral. Regular City Council Meeting Minutes May 27, 2014 Page 6 of 7 Ald. Naylor stated other services needed to be incorporated into the agreement concerning extension property maintenance and inspections, along with inspections on hotels and rooming houses. Ald. Naylor requested a list indicating the agreement is broken down. Ald. Naylor also asked how property complaints would be addressed. City Manager Gaura explained that the Building Department would continue to address complaints from citizens along with working with the Crime-Free Housing Division on a complaint-by-complaint basis. A lengthy discussion ensued regarding Crime-Free Housing inspectors and the services they provide to the City. MOTION Ald. Jacobson moved to receive and file Ordinance 2014-013; seconded by O’Leary. Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Snow moved to waive second reading of Ordinance 2014-013; seconded by Ald. Jacobson. Motion carried 7-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Nay: Naylor. Mayor Rey declared the motion passed. MOTION Ald. Snow moved to pass Ordinance 2014-013; seconded by Ald. Finucane. Motion passed on a 7-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Baker, O’Leary, Rey. Nay: Naylor. Mayor Rey declared the motion passed. K. RESOLUTIONS None. L. REPORTS – COMMUNICATIONS City Manager Gaura read a press release being issued to the media after the City Council meeting regarding the City’s support of increased collaboration with Northern Illinois University and the City’s role with Community Partners. City Attorney Frieders reported that the Travel Inn was closed on Saturday, May 24, 2014, due to an imminent safety threat to its occupants and the residents of the City. The owners have been cooperative in the closing and plan to revitalize the property, however, the issues are significant. 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 OR IMMINENT LITIGATION 5 ILCS 120/2(C)(11). MOTION Ald. Jacobson moved to approve request 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. Snow. Motion carried on an 8-0 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Mayor Rey declared the motion passed. Regular City Council Meeting Minutes May 27, 2014 Page 7 of 7 Mayor Rey closed the meeting to the public at 8:10 p.m. Mayor Rey opened the meeting to the public at 9:15 p.m. . N. ADJOURNMENT MOTION Ald. O’Leary moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 9:15 p.m. ___________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council Date: June 9, 2014