City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB August 25, 2014 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, August 25, 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 5:04 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 5:15 p.m.), Alderman Bill Finucane, Alderman Kristen Lash (arrived at 5:15 p.m.), Alderman Bob Snow, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary, and Mayor John Rey. Also present were: Anne Marie Gaura, City Manager; Rudy Espiritu, Assistant City Manager; Cathy Haley, Finance Director; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; John Laskowski, Assistant Director Public Works Engineering/Transportation; Derek Hiland, Principal Planner; 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. SAFEBUILT PRESENTATION Director of Public Works Moore provided a brief background on the City’s use of SAFEbuilt services and introduced the representatives in attendance. Dan Burrows, Deputy Building Official, thanked Council for allowing SAFEbuilt the opportunity to present the background of the company to Council. He proceeded to introduce the other representatives in attendance: Steve Touloumis; Mike Post, Business Development Manager; and Steve Burns, Regional Building Official. Mr. Burns provided Council with the history of SAFEbuilt, the types of services provided by the company, and its overall philosophy through a PowerPoint presentation. He touched on the reviewing process used and the flexibility of staff to the City’s requirements. Diverse discussions followed between Council, staff and SAFEbuilt representatives relating to office locations; plan review timelines; staffing Committee of the Whole Meeting August 25, 2014 Page 2 of 2 requirements for the City; and staff locations. Discussion also took place relating to the interim status of the contract with SAFEbuilt and what the upcoming Request for Proposal (RFP) will contain. Mayor Rey inquired as to the timeline for the RFP. City Attorney Frieders advised that staff will be bringing an inspection ordinance for Council review at the September 8, 2014 Council meeting. If accepted by Council, the ordinance would be submitted for approval late September and an RFP placed in October 2014. Additional discussion ensued relating to current oversight of SAFEbuilt staff; use of SAFEbuilt staff for specific items (plumbing, electrical); clarification of full-time staffing; interaction of City staff with SAFEbuilt staff; permit inspection requirements; and point of contact information. Mayor Rey pointed out that City staff remains the primary point of contact for any permit applications or inquiries. Mr. Chuck Shepherd of Shepherd Construction was allowed to speak to Council and shared his positive experiences with SAFEbuilt. Mayor Rey thanked SAFEbuilt representatives for their presentation and the services they have provided to the City thus far. 2. RECESS FOR EXECUTIVE SESSION APPROVAL TO HOLD AN EXECUTIVE SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1). Not acted on in 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 5:50 p.m. ______________________________________ TAMMEY HIGGINS, Deputy City Clerk Approved by City Council Date: September 22, 2014  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB August 25, 2014 The City Council of DeKalb, Illinois, held a regular meeting on Monday, August 25, 2014 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:02 p.m. A. ROLL CALL: City Clerk Peerboom called the roll and the following members of City Council were present: Mayor John Rey, Alderman David Jacobson (arrived at 6:03 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; Cathy Haley, Finance Director; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; John Laskowski, Assistant Director Public Works Engineering/Transportation; Engineer; Derek Hiland, Principal Planner; Police Detective Angel Reyes; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk and Diane Wright, Deputy City Clerk. B. PLEDGE OF ALLEGIANCE: Officer Reyes led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Finucane 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 HEARINGS: None. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS: 1. Special Items  Yards of Distinction: July 2014 Winner Michael Van Buer & Doris McDonald – 317 Fairmont Drive Mayor Rey congratulated Mr. Van Buer and Ms. McDonald for their yard and thanked them for their dedication to community pride. Regular City Council Meeting Minutes August 25, 2014 Page 2 of 11  DeKalb Public Library FY14 Annual Report – Virginia Cassidy Since there was no representative from the Library present; the item was tabled to next meeting.  Proclamation: National Payroll Week, September 1 – 5, 2014 Mayor Rey read the Proclamation. 2. APPROVAL OF MAYOR APPOINTMENTS None. 3. CITIZENS’ COMMENTS Mr. Richard Sehenry, Midlothian, Illinois representing the State of Illinois Square Dance Council announced the convention will be back in July 2015 at NIU and it will also be in DeKalb in 2016. F. CONSENT AGENDA – OMNIBUS VOTE: Ald. Naylor removed Item F.4 from the Consent Agenda. MOTION Ald. Naylor 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. Snow moved to approve the listings on the Consent Agenda as amended; 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 Minutes, July 28, 2014  Regular Meeting Minutes, July 28, 2014 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE & FILE  Check Register through August 25, 2014 in the Amount of $813,156.47  Investment & Bank Report  Year-to-Date Revenues and Expenditures for the General Fund  FY 2014 Annual & Quarterly Investment Report  DeKalb Public Library FY14 Annual Report Received and filed in the Consent Agenda by Omnibus Vote.  Regular City Council Meeting Minutes August 25, 2014 Page 3 of 11 3. RESOLUTION 2014-074 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THE PROVISION OF WHOLESALE ELECTRICAL SUPPLY SERVICE FOR THE CITY OF DEKALB’S WATER WELLS AND TREATMENT PLANTS. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 2014-076 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO A PURCHASING AGREEMENT WITH BLAKE OIL COMPANY FOR THE PURCHASE OF VEHICLE FUEL. Approved in the Consent Agenda by Omnibus Vote. 6. RESOLUTION 2014-077 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH EXELON GENERATION LLC FOR USE OF THE DEKALB TAYLOR MUNICIPAL AIRPORT. Approved in the Consent Agenda by Omnibus Vote. 7. RESOLUTION 2014-078 SEEKING PERMISSION TO REGULATE TRAFFIC ON ILLINOIS ROUTE 38 BETWEEN THIRD STREET AND FIRST STREET ON FRIDAY, OCTOBER 10, 2014 FOR THE PURPOSE OF HOLDING THE NORTHERN ILLINOIS UNIVERSITY HOMECOMING PARADE. Approved in the Consent Agenda by Omnibus Vote. 8. ORDINANCE 2014-030 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38 “INTOXICATING LIQUORS,” SECTION 38.27 “GAMBLING DEVICES” (WAIVER OF FIRST AND PASSAGE ON SECOND READING). Approved in the Consent Agenda by Omnibus Vote. 4. RESOLUTION 2014-075 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE DEKALB PARK DISTRICT FOR MAINTENANCE RESPONSIBILITIES OF EXISTING AND FUTURE BIKE PATHS. Mayor Rey read Resolution 2014-075 by title only. MOTION Ald. Naylor moved to pass Resolution 2014-075; seconded by Ald. Finucane. Ald. Naylor pointed out that this is a good example of government entities working together. 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. Regular City Council Meeting Minutes August 25, 2014 Page 4 of 11 G. ITEMS FOR SEPARATE ACTION: 1. ORDINANCE 2014-031 REZONING CERTAIN PROPERTY TO PD-R PLANNED UNIT DEVELOPMENT ZONING DESIGNATION AND AUTHORIZING EXECUTION OF A PLANNED DEVELOPMENT AGREEMENT FOR UNIVERSITY PLAZA (FIRST READING). Mayor Rey read Ordinance 2014-031 by title only. City Planner Hiland stated the Planning and Zoning Commission considered approval for the rezoning request for 900 Crane Drive which has been operating as a private dormitory for quite some time. He explained the rezoning request and the variances. City Attorney Frieders stated the Development Team, comprised of staff, meets on a weekly basis and noted that the team recognized that this project has a very challenging effect on the City. Staff has spent considerable time with the developer, he added. He explained the process that went into the development agreement including allowed uses and prohibited uses. The property owners have agreed they will bring the building up to building code. The owners will be allowed to continue their current rooming house license for 24 months once Council approves the development agreement, he said. Chief Lowery stated the owners have investigated security procedures, lighting enhancements and are looking at installing a resident officer program. Chief Hicks stated this has been a rooming house for many years. The building does not have a fire suppression system currently; the alarm system will be upgraded, he said, and upgrades will take place in the elevators. Both Chief Lowery and Chief Hicks voiced their support for the request. Director of Public Works Moore discussed the street lighting and lighted paths around the building. He added his support for the project. City Manager Gaura stated this is a tremendous redevelopment project for the City and the senior staff unanimously supports it. MOTION Ald. Finucane moved to receive and file Ordinance 2014-031; seconded by Ald. Lash. Mr. John Chapman, Capstone Real Estate Investments stated he is excited to present the redevelopment plan. Mr. Chapman noted that the firm consists of four operating arms, and is a family-run business. This property presents an amazing opportunity with its location to campus, he added. They seek to repurpose the existing structure into apartments, and amenities include high speed internet, cable, indoor pool, saunas, locker rooms, tanning facility, workout facility, fully equipped business center, conference rooms, private study rooms, and multiple social gathering spaces. Additionally, the structure will have secure access with a fob. There will be multiple cameras throughout the facility, and added it will be a student-only complex through marketing efforts. He further advised that timing is critical for approval of the request. He discussed four critical items: structure, density, parking and life safety. Mr. Chapman addressed concerns of property owners in the community by stating these are not new units; they already exist. He believes this redevelopment will increase the stature of the building and the City.  Regular City Council Meeting Minutes August 25, 2014 Page 5 of 11 Ms. Lisa Sharp, Sharp Architects, described the plans including layout of the buildings, parking plans, lighting and variances. Ald. Baker stated Council has approved over 600 apartments that have not yet been built. He asked about rental rates. Mr. Chapman stated the one bedroom rate would be approximately in the low $700s and two and three bedroom apartments which are leased by the bed rate would be below that rate. They will be fully furnished with double beds. The lease will restrict occupants from bringing in any bulk furniture as the units are fully furnished. The lease would also prohibit overnight guests for long term stays. Mr. Chapman stated that Phase I (South Tower) which is not currently being leased would begin renovation August through December 2014; upon completion residents would be relocated from the North Tower (Phase II) and would relocate to the South Tower. Phase II is planned from January-August 2015. Phase III would take place August-October 2015. Ald. Snow asked if the church is in agreement with the path. City Attorney Frieders stated discussions with the church have been positive at this point. If all are agreeable, the applicant would be responsible for the construction of the pathway. Mayor Rey noted that there are many who wish to speak on the topic, and asked the citizens to limit their comments to three minutes. Mr. Christopher Mouron, Principal of Capstone Real Estate Investments stated the rental rates include furniture and all utilities. Mr. Jeffrey Crane, current owner of the buildings, stated his father was the original developer of the property. He has come to the conclusion that this property in its current state was no longer attractive to student housing. As a result, he said, he feels Capstone is a great addition to their partnership to move the property into what is right for the next generation. Mr. Will Heinisch, member of DeKalb Area Rental Association (DARA) said the project will complement the City, but it appears as if it is being pushed through. Because of the project’s uniqueness, it should be looked at closely, he said. He listed his concerns: how City staff will help verify that only students will be residents and what procedure will be used; what City department will determine if only one resident is allowed; an annual inspection is required – more City services are needed and he asked how will those fees be calculated; also inquired if this project need its own classification in comparison to the traditional rental units in DeKalb. Mayor Rey asked City Planner Hiland if the Planning and Zoning Commission was publicly noticed. City Planner Hiland replied affirmatively and added that surrounding property owners also received notice. Mayor Rey asked City Planner Hiland if he would add Mr. Heinisch to the Planning and Zoning Agenda list. Mr. Paul Sauser, property owner in DeKalb, stated that parking is an issue. He suggested that the extra 203 parking spots be added as that is more important than a green area. Also, he suggested that a blue light security system be added in the parking lots. He asked how the occupancy would be limited. Mr. Jon Sauser, property owner in DeKalb stated he did not receive notification of the Planning and Zoning Commission, yet he owns adjacent property. He noted that the developer has not Regular City Council Meeting Minutes August 25, 2014 Page 6 of 11 addressed students walking through parking lots. This has been built and operated as private dormitory; they are now asking to be taken out of that pool and put in an apartment pool. This is like approving 325 new apartments, he said. They could have done some of this previously, but the owners have not put any money into the buildings, he said. They’ve created an eyesore – this is not their only option, he added. They need the rules bent for everything on this. He suggested that perhaps they aren’t following the rules already. This is getting rushed through. There were over 100 units foreclosed in DeKalb, he said and asked where the demand is. Enrollment at NIU has gone down. Maybe they will fill theirs but what will happen to the other units already in DeKalb, he asked. Mr. Rolf Anderson yielded his time to Mr. Jon Sauser. Mr. Greg Tumulty, manager of Star Apartments, said he is floored at the amount of crime in the City, and pleased to see the Crime Free Bureau in place. He stated there is an intensive background check on tenants. There is an over-supply of apartments in the current market and an under-demand, he said. He added if you bring in marginal tenants you will bring in demand for police. Is this the highest and best use for the community, he asked. Mr. Brad Rubeck, President of DARA, stated that some of the speakers have made good points that may need additional attention. He added he is disappointed that DARA has not been involved in this earlier. He suggested that the City not forego time to research the project for the developers; this is time for the City to ensure all is in order. He requested that this be tabled in order for DARA and the citizens to be involved. Ald. Lash stated she is concerned about comments that this project is taking units out of the current pool. She added that the project is meeting a need not currently met and seems to be a hybrid of dormitories and apartments. She noted that they have committed to add additional public safety and a resident officer program. She stated that a Police call button would be a great idea for the parking lot. City Attorney Frieders replied this was discussed at staff level and Chief Lowery noted it would be a cost to the City. He added that he felt the added security measures would be a good offset. Ald. Lash asked if it could it tie into NIU police; Chief Lowery replied he could discuss co-policing measures with NIU. Mayor Rey asked that those suggestions be given to staff and added he would rather not address floor plan issues at this meeting. Ald. Baker stated if the cafeteria shuts down, the demographics are changing and it brings the project into an apartment-style. He added he believes they will seek to stay at the dorms in NIU and doesn’t believe there is enough parking. Ald. Naylor stated he is pleased with the proposal, but added he is concerned about safety, particularly the east end of property. The City has invested money in lighting to assist and he believes further review of exterior lighting is needed. He also addressed signage, parking and cross walks. Ald. O’Leary asked what will make this particular building solely for students. City Attorney Frieders replied that the development agreement requires that the owner provide documentation that they are eligible for residency there which the City can enforce. He added that staff has looked across the country at different development agreements alleging violations of Fair Housing Act aimed at student restrictions, and the agreement puts the City in the best spot possible. City Manager Gaura stated this is a family-owned partnership that has been there for 50 years and the owner wants to modify the business model. The reality is the demographics of student housing  Regular City Council Meeting Minutes August 25, 2014 Page 7 of 11 has changed; they have different needs. She added that Millenials want their own space. She additionally added that staff has spent considerable time on the project and does not believe it is being rushed. The developer would like the City to move as fast as possible, she added; staff recommends first reading tonight with the second reading September 8, 2014. Staff will address further concerns at the September 8, 2014 meeting, she advised and further stated that staff knew that parking would be an issue, and will re-review the development agreement. This is a rezoning request and a new course of action for the City moving forward, she said. Staff recommends moving forward and that a development agreement be completed with protections that benefits City residents. Ald. Baker stated that there should be signs on property that this is a redevelopment possibility so that people don’t think this is rushed. He added that the procedure needs to be changed – more people need to be notified. Because there wasn’t a lot of input at Planning and Zoning Commission, Council has to address it, he said. City Manager Gaura stated that there was an extensive presentation at the Planning and Zoning Commission. She added that in the past the City put signage regarding a public hearing, but due to the recession it stopped because of cost. If Council wants this implemented, staff will do so, she noted. Motion carried on voice vote. Mayor Rey declared the motion passed. 2. ORDINANCE 2014-028 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 32 “BUSINESS REGULATIONS,” SECTION 32.08 REGARDING SOCIAL CLUBS. Mayor Rey read Ordinance 2014-028 by title only. MOTION Ald. Finucane moved to pass Ordinance 2014-028; seconded by Ald. Snow. City Attorney Frieders noted that pursuant to Council direction at the last meeting, it exempts fraternities and sororities. Ald. Naylor asked if there was really a need for this. City Attorney Frieders replied that the City has had in the past social clubs, and one presented a number of public safety concerns in the premises, in the streets and parking lots. It continues to be an issue in other college communities, he added. The City has had three entities come in and inquire about this. Ald. Naylor asked if the City could prohibit social clubs; City Attorney Frieders replied that within certain constraints the City could. He added that Council has discussed the issue, recognizing there are not a lot of activities for students to engage. Also, he said, it’s not that the City wants to prohibit it; it could provide entertainment that the City doesn’t have; this is responsible framework for it to operate safely VOTE Motion carried 6-2 on roll call vote. Aye: Finucane, Lash, Snow, Baker, O’Leary, Rey. Nay: Jacobson, Naylor. Mayor Rey declared the motion passed. 3. ORDINANCE 2014-029 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS CHAPTER 64 REGARDING SMOKING, E-CIGARETTES AND MEDICAL MARIJUANA. Regular City Council Meeting Minutes August 25, 2014 Page 8 of 11 Mayor Rey read Ordinance 2014-029 by title only. MOTION Ald. Snow moved to pass Ordinance 2014-029; seconded by Ald. Lash. City Attorney Frieders stated the ordinance addresses e-cigarettes. Ald. Finucane stated it additionally addresses smoking on outdoor patios. Ald. Jacobson stated that this is not an environmental issue; it is a health issue and not our job. He added we are asking our residents to go to Sycamore with their tax dollars there because they will continue to smoke and they will go to businesses where they can smoke. This also places a massive fee on e-cigarettes, he said. This is foolish and the most business-unfriendly law, he added. Ald. Snow stated he partially agreed with Ald. Jacobson – many businesses built the patio to give smokers the option. He added that banning smoking entirely on patios is not the smartest thing to do at this time. Ald. Lash stated this is a great thing for the City. The state passed legislation that banned smoking on all campuses effective next year. If someone is so addicted to smoking, she said, there are bigger problems than not being able to smoke on patios. Ald. Baker relayed that waitresses and waiters thanked him for his previous vote. He asked how the City can override the state law that states no smoking within 15 feet of an entrance. Ald. O’Leary noted that as long as someone is 15 feet away, she has no problem with smoking. Ald. Jacobson stated if he is allergic to dogs he doesn’t go to a dog park. Also, he said, if he is allergic to peanuts he can’t expect businesses not to serve peanuts. Ald. Naylor stated it is a matter of enforcement; he does not think it is prohibitive to businesses. Lengthy discussion continued regarding the smoking ordinance. Ms. Cindy Capek, Assistant Administrator of the DeKalb County Health Department thanked Council for looking at this issue. She advised that the Illinois Department of Public Health is looking at changing the law to include definition of smoking in restaurants and bars to include outdoor areas. The very thing the City is looking at now is happening in the state, she said. Also, she said, we need two years to determine if e-cigarettes are hazardous to our health and encouraged Council to control e-cigarette sales. Mr. Philip Petersen of the Corn Fest Board stated this will affect the festival next year. Gangs and drugs are a bigger issue. This will have a huge effect on businesses, and DeKalb is becoming a dictatorship with these laws. Mr. William Oleckno, Chairman of the Environmental Commission and Professor Emeritus on public health stated he supports changes and banning smoking in outdoor patios. Research shows that second hand smoke is an environmental risk. The Environmental Commission supports passage, he said. MOTION TO AMEND Ald. Jacobson moved to amend Ordinance 2014-029 to remove the restriction on outdoor patios; seconded by Ald. Snow. VOTE ON AMENDMENT  Regular City Council Meeting Minutes August 25, 2014 Page 9 of 11 Motion failed on a 4-4 vote. Aye: Jacobson, Snow, Baker, O’Leary. Nay: Finucane, Lash, Naylor, Rey. Mayor Rey declared the motion defeated. Discussion followed regarding the proposed fees. MOTION TO AMEND Ald. Jacobson moved to amend Ordinance 2014-029 to reduce the fee to those currently holding what existing tobacco shops pay. Motion died for lack of a second. VOTE Motion carried 5-3 on roll call vote. Aye: Finucane, Lash, Snow, Baker, Rey. Nay: Jacobson, Naylor, O’Leary. Mayor Rey declared the motion passed. 4. ORDINANCE 2014-032 AMENDING THE FY15 BUDGET FOR THE PURCHASE OF ONE 2014 CHEVROLET TAHOE AND ONE ADDITIONAL 2014 CHEVROLET IMPALA FOR POLICE VEHICLES IN THE AMOUNT OF $78,602.69. Mayor Rey read Ordinance 2014-032 by title only. MOTION Ald. Finucane moved to receive and file Ordinance 2014-032; seconded by Ald. Lash. Chief Lowery stated that the original fleet request included these vehicles, but they were eliminated due to budget constraints. Funds are coming from fines, fees, narcotics and seizures he noted and can only be used for certain items. He stated staff has located a 2013 vehicle with a cost savings of $3,100. From FY10-FY14 staff has spent over $276,000 over budget to keep the fleet in service. Discussion followed regarding the funds and the General Fund. Finance Director Haley stated that funds are in a restricted liability account that the City can claim as revenue in the General Fund and transfer to the fleet fund. The true expense will come out of the fleet fund, she added. Ald. Snow stated he understood, but doesn’t agree it won’t affect our fund balance. He voiced his support for the request, but in the future the first two vehicles should have come from the restricted account and then go to the General Fund, he said. City Manager Gaura stated that any request in the future will be put into the budget in advance. The needs exceed what we can afford, she added. Next year in the budget process we will identify and know what is recommended by the departments, she advised. There is not appropriate funding as the City does not have a vehicle replacement fund, she said. VOTE Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Ald. Finucane moved to waive second reading of Ordinance 2014-032; seconded by Ald. Lash. 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. Lash moved to pass Ordinance 2014-032; seconded by Ald. Finucane. Motion carried 7-1 on Regular City Council Meeting Minutes August 25, 2014 Page 10 of 11 roll call vote. Aye: Finucane, Lash, Snow, Naylor, Baker, O’Leary, Rey. Nay: Jacobson. Mayor Rey declared the motion passed. 5. RESOLUTION 2014-073 APPROVING A BAR AND RESTAURANT LIQUOR LICENSE FOR RAY’S CHICAGO BBQ AND SLOTS AT 870 W. LINCOLN HIGHWAY. Mayor Rey read Resolution 2014-073 by title only. MOTION Ald. Snow moved to pass Resolution 2014-073; seconded by Ald. Lash. City Attorney Frieders stated that since the last Council meeting staff has had discussions with the applicants. They submitted a letter advising they are seeking to change their application to a bar license only. They will be applying for video gaming as well. They have two proposed layouts: one would put it in the northwest corner; one in the southeast corner. Entrance will only be permitted to those over 21 or those with a guardian. There would be no area for minors – you can eat there as long as you are over 21. Mayor Rey inquired if the applicants have gone through background checks. City Attorney Frieders replied that Melissa Thompson is noted as the owner. However, the vast majority of communication has been with her mother, he said. Melissa Thompson has completed a background check. VOTE 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. H. NEW OR UNFINISHED BUSINESS: None. I. REPORTS – COMMUNICATIONS: Ald. Lash reminded all that September 23rd is the first date that candidates can circulate petitions for the next municipal election. Ald. Snow referred to the ALS bucket challenge and reminded all to remember their favorite charity also. All Council Members welcomed the returning NIU students. Ald. Naylor congratulated the DeKalb School District for the reconstruction of Tyler Elementary School. Additionally, he congratulated the Jackie Robinson West Little League for their winning season. Mayor Rey announced that move-in day at NIU went well and complimented leadership at NIU. Ald. Lash reminded all the Corn Fest is this weekend. City Attorney Frieders stated there have been stories regarding 912 Edgebrook. He advised that the property was inspected and staff was invited by tenants who observed Crime-Free Bureau staff in the vicinity. Staff made contact with the owner and returned – it revealed further conditions that appeared to be more drastic issues. The City posted the property as condemned and staff has been working with tenants. He advised that Townsend Management is now managing the property and working to relocate the tenants. J. RECESS FOR EXECUTIVE SESSION:  Regular City Council Meeting Minutes August 25, 2014 Page 11 of 11 APPROVAL TO HOLD AN EXECUTIVE SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1);. AND PENDING OR IMMINENT LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Finucane moved to hold an executive session to discuss Personnel as provided for in 5 ILCS 120/2(c)(1) and Pending or Imminent Litigation as provided for in 5 ILCS 120/2(c)(11); seconded by Ald. Snow. 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 9:41 p.m. Mayor Rey opened the meeting to the public at 10:20 p.m. K. 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 10:20 p.m. ___________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved By City Council Date: September 22, 2014