City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB September 8, 2014 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, September 8, 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 5:03 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 Bob Snow, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary and Mayor John Rey. Absent was Alderman Kristen Lash. 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; T.J. Moore, Public Works Director; Jeff Birtell, I&T Technician; Liz Peerboom, City Clerk; and Diane Wright, Deputy City Clerk. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1. RECESS FOR EXECUTIVE SESSION a. APPROVAL TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(C)(1). b. PENDING OR IMMINENT LITIGATION 5 ILCS 120/22(C)(11). c. SALE OF PROPERTY 5 ILCS 120/7(C)(11). MOTION Ald. Finucane moved to hold a closed session to discuss Personnel as provided for in 5 ILCS 120/2(c)(1); Pending or Imminent Litigation 5 ILCS 120/22(c)(11); and Sale of Property 5 ILCS 120/7(c)(11); seconded by Ald. O’Leary. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Snow, Naylor, Baker, O’Leary, Rey. Absent: Lash. Mayor Rey declared the motion passed. Committee of the Whole Meeting September 8, 2014 Page 2 of 2 Mayor Rey closed the meeting to the public at 5:06 p.m. Ald. Lash arrived during the closed session of the meeting. Mayor Rey opened the meeting to the public at 5:52 p.m. D. ADJOURNMENT MOTION Ald. Finucane moved to adjourn the meeting; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 5:52 p.m. ______________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved By City Council Date: September 22, 2014  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB September 8, 2014 The City Council of DeKalb, Illinois, held a regular meeting on Monday, September 8, 2014 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:00 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; 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 Diane Wright, Deputy City Clerk. Additionally, many members of the Police Department were present. B. PLEDGE OF ALLEGIANCE: Officer Boldt led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: MOTION Ald. Lash 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, PRESENTATIONS, APPOINTMENTS AND CITIZENS’ COMMENTS: 1. Special Items a. Introduction of Community Service Officer Trevor Burdick Regular City Council Meeting Minutes September 8, 2014 Page 2 of 11 Chief Lowery introduced Community Service Officer Trevor Burdick. b. Introduction of Telecommunicator Geoffrey Wells Chief Lowery introduced Telecommunicator Geoffrey Wells. Deputy Chief Hoadley presented his pin. c. Introduction of Communications Coordinator LaToya Marz Chief Lowery introduced Communications Coordinator LaToya Marz. Ms. Holly Both presented her pin. All were welcomed by Council. d. Swearing in of Police Officer Habideen Olaniran Chief Lowery introduced Police Officer Habideen Olaniran. Mrs. Tammy Olaniran presented her husband with his pin. Clerk Peerboom administered the oath of office to Officer Olaniran. Council welcomed Officer Olaniran to the City. e. Police Department Awards and Commendations Chief Lowery announced awards and commendations for Police Department staff including Police Officers Liz Fabro, Aaron Gates, Tony Kwasniewski, Todd Wells and Telecommunicator Brittany Hedin for their response to a burglary in progress/home invasion in March 2014; Detective Mike Stewart for his investigation of a murder of a child in April 2014 and drug-induced homicide in April 2014; Detective Keith Ehrke for his response to an armed robbery and home invasion in May 2014; Police Officers Michael Cicchetti, Aaron Gates, Sadie Pristave, Jonathan Jurisch, Kris Mecca, Josh Boldt and NIU Police Office Jorge Sanchez for their seizure of proactive narcotics and weapons in May 2014; Police Officers Tom Reilly, Geoff Guzinski and Detective Angel Reyes for their response and investigation in a burglary in May 2014; Police Officers Jeff Weese, Aaron Gates, Jordan Poulos, Todd Wells and Sargent Steve Lekkas for their response to a cannabis seizure and arrest in August 2014; Police Officer Jeff Winters for providing an act of kindness to a child of a suspect in July 2014; Police Officers Burt Johnson, Jeff Winters and Fire Fighter Travis Karr for their response to an infant not breathing in March 2014. Additionally, Chief Lowery recognized Lieutenant Brett Gautcher, Fire Fighters Tim Stiker, Steve Cruz and Joe Wempe for their assistance. Chief Lowery recognized Police Officer Jeff Winters and presented the Medal of Valor for his assistance in a life-threatening incident in August 2011; and Medals of Valor to NIU Police Officer Weyni Langdon and Police Officer Mario Nonnenmann for their response to a call regarding a life-threatening incident in January 2014. He presented the Medal of Honor to Sergeant Tom Petit for his efforts. Mayor Rey expressed appreciation from Council to all officers in the DeKalb Police Department who protect and serve the citizens each day. f. Camp Power Summary Chief Lowery provided a summary of 2014 Camp Power, a program which established the “Youth  Regular City Council Meeting Minutes September 8, 2014 Page 3 of 11 in Need Task Force” and was designed to address juvenile crime and the quality of life concerns for children, particularly at University Village. Chief Lowery provided commendations to Mary Hess of Ben Gordon Center, Lisa Cumings of KishHealth System and Nancy Prange of NIU, for their involvement in Camp Power. Ms. Hess thanked the Camp Power sponsors, staff and volunteers for their support and involvement. Ms. Prange discussed the nutrition part of the program along with the gardens. Ms. Cumings discussed the physical activities of the program. Additionally they presented a video of the program. A mural drawn by the students was presented by the NIU Art Department on Camp Power to the City. 2. Proclamation for 2014 Camp Power Mayor Rey read the Proclamation for 2014 Camp Power. 3. Presentations a. Presentation of Certificates of Recognition to 2014 Camp Power Supporting Organizations: i. Ben Gordon Center ii. Center for NGO Leadership and Development Volunteer, Kathryn Olsen iii. City of DeKalb Fire Department iv. City of DeKalb Police Department v. DeKalb Community Gardens vi. DeKalb Public Library vii. Power Academy Director, Brenda Donley viii. KishHealth Systems ix. Kishwaukee Family YMCA x. New Hope Baptist Church xi. Northern Illinois University Athletics xii. Northern Illinois University Family, Consumer and Nutrition Science Dietetic Program xiii. Northern Illinois University Literacy Clinic xiv. University Village xv. Voluntary Action Center xvi. Westminster Church Mayor Rey and Chief Lowery presented the above-listed certificates of recognition and all were congratulated by the Council. b. Yards of Distinction i. Dawn Aumann, 301 Laurel Lane ii. Sean and Rosa Frazier, 1121 McConnell iii. Ellwood House Museum, 509 North First Street Mayor Rey announced the Yards of Distinction recipients and congratulated them. c. Proclamation for Hunger Action Month Mayor Rey read the Proclamation regarding Hunger Action Month. Regular City Council Meeting Minutes September 8, 2014 Page 4 of 11 4. Approval of Mayor Appointments None. 5. Citizens’ Comments Mayor Rey asked citizens to contain their comments to three minutes. Mr. James Mason spoke on the item regarding licensing commercial properties. Mayor Rey reminded Mr. Mason, DeKalb, Illinois that he wanted to speak on the fourth amendment and asked him to submit his comments in writing. Mr. Mason replied he did not want to speak on that item. Mr. David Clanton, DeKalb, Illinois spoke as a tree service vendor and said there are 950 ash trees in the parkway and not all are inventoried. He referred to the recent contract with Tru Green. He stated that 200-300 trees are treated insufficiently and 500-600 trees are not being treated and will die. Mayor Rey asked Mr. Clanton to tender the remainder of his comments in writing since he has gone over his time allotted. F. CONSENT AGENDA – OMNIBUS VOTE: Ald. O’Leary asked to remove item F.3 and Ald. Jacobson asked to remove item F.5. MOTION Ald. Lash moved to approve 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. MOTION Ald. Jacobson moved to approve the listings on 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. 1. Approval of City Council Minutes a. Committee of the Whole Minutes of August 11, 2014 b. Regular Meeting Minutes of August 11, 2014 Approved in the Consent Agenda by Omnibus Vote. 2. Receive & File a. Check register through September 9, 2014 in the amount of $367,773.03. Received and filed in the Consent Agenda. 4. RESOLUTION 2014-082 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A CONTRACT AMENDMENT ON THE FY15 INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS,  Regular City Council Meeting Minutes September 8, 2014 Page 5 of 11 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. 3. RESOLUTION 2014-081 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO A SERVICE AGREEMENT WITH CLEAN USA FOR JANITORIAL SERVICES IN THE AMOUNT OF $88,194.32. Mayor Rey read Resolution 2014-081 by title only. MOTION Ald. Finucane moved to pass Resolution 2014-081; seconded by Ald. O’Leary. Director of Public Works Moore stated that staff has had a challenging time receiving information from the previous vendor; the vendor has not hired staff to perform work on the contract. Director of Public Works Moore asked that Council approve this bidder who is local and would match the second lowest bidder. Ald. Jacobson stated he believed an in-house staff person could perform these tasks (toilet cleaning and dusting) as opposed to the $7,500 per month on this contract. Director of Public Works Moore stated the work includes all City buildings. City Manager Gaura clarified the hours are per week and the hourly rate is $23 per hour. Ald. O’Leary stated $60,000 was budgeted and this brings it $28,000 over budget. Director of Public Works Moore replied this is the first year the Police Station has been included and the first year this bid has gone out. Ald. Snow stated the vendor would have to submit invoices in order to be paid. Ald. Naylor asked if anything is being pursued regarding default on the original bidder. City Attorney Frieders replied staff is still working on closing that out and cannot comment on it at this time. He added the previous bidder was advised they did not comply with the requirements of the bid specifications and have breached the terms of the agreement. Ald. Naylor asked if a bid bond was submitted, and if so, that could be held back. Additionally, he questioned if the amount of hours is actually adequate to keep the buildings clean. Director of Public Works Moore stated staff has high expectations of this vendor and if the hours are not adequate, that can be addressed next year. Ald. Lash asked if there was a cost analysis done to hire staff. Director of Public Works Moore replied that benefits would need to be added to a full-time employee and this same cost would only actually pay for one employee. Ald. O’Leary asked if staff could try to work with the original vendor. Director of Public Works Moore replied staff has concerns regarding their ability to hire staff, etc. 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. Ald. Jacobson asked for clarification that this was to have been a budget amendment. City Attorney Frieders replied it was not presented as a budget amendment. Regular City Council Meeting Minutes September 8, 2014 Page 6 of 11 5. RESOLUTION 2014-083 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO ENTER INTO AN AMENDMENT TO AN EXISTING INDEPENDENT CONTRACTOR AGREEMENT WITH SAFEBUILT ILLINOIS, INC. FOR BUILDING SERVICES. Mayor Rey read Resolution 2014-083 by title only. MOTION Ald. Snow moved to pass Resolution 2014-083; seconded by Ald. Finucane. Ald. Jacobson asked who would be paying the $50 per hour. Director of Public Works Moore stated the funds have been budgeted. He added that Crime-Free Housing staff was assisting in inspecting; however, some structural issues have arisen that require more technical expertise. This request is to bring in additional people to simply conduct inspections. City Attorney Frieders added that the City may have opportunities to recover costs in some cases. Ald. Baker stated that off-duty firefighters would cost less than $50 per hour. City Attorney Frieders replied the City would have to work through some collective bargaining issues if off-duty firefighters were to be used. Also, he added technical expertise is required on building code issues. Ald. O’Leary asked when in-house inspectors will be hired. City Attorney Frieders stated the goal is to have Council outline the appropriate scope of services and then staff will craft an ordinance for approval. Ald. O’Leary asked if this could wait since there is no emergency. City Manager Gaura replied situations arise that require technical assistance and this at times removes the Safebuilt inspectors from inspection issues. Ald. Lash stated it is unlikely the future part-time inspectors would have the expertise needed that is required in this contract. Ald. O’Leary asked if the contract can contain language that states “as needed.” City Attorney Frieders stated the current contract does not obligate the City to call out contractors on a regular basis – only as needed. Ald. Baker inquired as to the cost; City Attorney Frieders replied it contemplates $400 per week. 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. 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. Mayor Rey read Ordinance 2014-031 by title only. MOTION Ald. Lash moved to pass Ordinance 2014-031; seconded by Ald. Finucane. City Attorney Frieders stated the agreement has been updated since the last meeting to include all Council comments. Additionally, staff met with representatives of DeKalb Area Rental Association (DARA). He referred to density and parking issues and applying the City’s Uniform Development Policy; staff believes the current restrictions in the agreement are a more effective manner of addressing density on the site. Also, he addressed emergency call boxes, but cannot  Regular City Council Meeting Minutes September 8, 2014 Page 7 of 11 bring forward a positive recommendation at this time, he said. Finally, he said, staff supports this project. Ald. Naylor asked about perimeter lighting and said he has concerns about the overall lighting of the area. Director of Public Works Moore stated targeted tree trimming has been done since the last meeting to open up lighting. Ald. Snow commented this is a difficult property to renovate and the current use is not sustainable. Something needs to change on the property, he said, and not everyone will agree, but believes this is a viable plan. Ald. O’Leary asked if the property been sold yet. City Attorney Frieders replied that is not probably a question the developer would be obligated to answer. Ald. O’Leary stated last year when Shodeen came forward they were told the City doesn’t need more apartments. City Attorney Frieders stated the Shodeen issue was an annexation agreement and it was discretionary whether Council wanted to annex or not. This is a rezoning issue and Council has a great deal of discretion on the item. The property is currently used as student dormitories, he said. If Council determines it is not an appropriate use of the property, Council can deny it; however, the building needs to be changed in some manner, he said. Mayor Rey stated that Council and staff have addressed many items. He added that questions posed by any citizens will not be answered tonight. There are a number of persons wishing to speak and asked that all respect a three-minute time limit and if more time is needed, he asked that any additional comments be submitted to the Clerk which will be answered later. Ms. Lisa Sharp, architect for the project, stated that a study was done on the lighting. There is no existing lighting on the east end of the property. She said they are not required to provide sidewalk lighting. Mr. John Chapman, Capstone Real Estate Investors thanked staff for their input and time invested in this project. He added he believes this is a winning proposal for residents and the repurposing provides for density reductions. Mr. Jeff Crane, representative of the University Village partners stated they have looked at this complex to determine the best future use for students. He added they are not selling the property, but are bringing in a partner with Capstone. There is not a better partner, he said. Mr. Paul Sauser, DeKalb, Illinois, and a landlord stated there are two issues: fairness and timing. He stated he is not afraid of competition and challenged Capstone. He suggested Council do this in two separate timings. He added no one can adequately address what the problems would be if it doesn’t work out. Mr. Greg Tumulty, DeKalb, Illinois this would be a phenomenal project if DeKalb was operating in a vacuum, but DeKalb is not. There is a substantial surplus of inventory, he said. He asked all to consider the real potential impact of the project and take a step back. He asked that the project not be approved today. Mr. John McKeon agreed with Mr. Sauser and Mr. Tumulty. Mr. Jon Sauser, DeKalb, Illinois, landlord in DeKalb, agreed there is a surplus inventory. He stated that NIU lost another 700 students. He added he doesn’t believe Capstone is providing accurate numbers. This increases the density, he said. He also disagreed with the variance on parking. This is not a fair playing field for other owners, he said. He urged Council to approve in stages or reduce density. Regular City Council Meeting Minutes September 8, 2014 Page 8 of 11 Ald. Naylor addressed the parking issue and asked if it is void after forty years. City Attorney Frieders stated they would be unable to utilize the property for any other use. Ald. Naylor encouraged staff to look at the parking lot as he believes it needs improvements. He added there is some responsibility by the property owners regarding lighting and safety. Ald. Baker stated the parking formula was based on reality, and one-bedroom apartments will produce two vehicles. He added he is not willing to compromise on the parking and agreed with Ald. Naylor. AMENDED MOTION Ald. Baker moved to amend Ordinance 2014-031 to develop only one of the towers for a certain period and come back in three years and develop the second; seconded by Ald. Jacobson. A representative from University Village stated with the proposal there is a density of 498; early on there were 900-1,000 students living there. Ald. Finucane stated he understood the towers would be renovated one at a time in the original agreement. City Attorney Frieders asked if the concept is to approve one of the towers based on the plans submitted. He asked for clarification that the amendment is to renovate one tower and not perform any of the other areas, and if it is Ald. Baker’s intent is to allow the second tower to operate as a rooming house. City Attorney Frieders stated staff’s recommendation was based on the whole package including additional requirements. This would require additional work by the developer and staff, he said. Mr. Chapman stated the project has been looked at as a whole from the beginning. To split the towers would possibly land the project in a “dead deal.” The ability to finance this project in this manner is slim, he added. Ald. Lash stated this process began in December; they are accepting restrictions; they are improving property that they do not own; they are getting parking restrictions; they have compromised. Ald. Baker said he did not hear about this nine months ago when they first started talking with staff. Council should have weighed in on this from day one, he added. This will affect supply and demand for apartments in DeKalb. Ald. Jacobson stated it is a frightening thought with another 150 units, and adds high-paying tenants to the neighborhood. The problem, he said, is they create problems if the tenants come from other apartments. However, he said, it is a good use of the property and he is conflicted. Ald. Naylor stated he has difficulty believing this project will drain from other apartments and their interests are somewhat different than what is available. VOTE ON AMENDED MOTION Motion failed 3-5 on roll call vote. Aye: Jacobson, Baker, O’Leary. Nay: Finucane, Lash, Snow, Naylor, Rey. Mayor Rey declared the motion defeated. Ald. Baker asked for clarification on the parking in the agreement which City Attorney Frieders explained. He added the actual evidence is required to be provided on the actual parking counts. VOTE Motion carried 6-2 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Rey. Nay: Baker, O’Leary. Mayor Rey declared the motion passed.  Regular City Council Meeting Minutes September 8, 2014 Page 9 of 11 2. ORDINANCE 2014-033 AMENDING CHAPTERS 7, 14, 16, 27, 32, 36, 38, AND 64 OF THE MUNICIPAL CODE PERTAINING TO COMMERCIAL BUILDING RESPONSIBILITY. Mayor Rey read Ordinance 2014-033 by title only. MOTION Ald. Finucane moved to receive and file Ordinance 2014-033; seconded by Ald. Naylor. Motion carried on voice vote Mayor Rey declared the motion passed. City Attorney Frieders stated this contemplates an inspection program and incorporates a new program of inspecting commercial and industrial buildings which he reviewed. There would be a one-year registration period for commercial and industrial buildings, he added. Property registration includes the nature of the building, occupants and would include an annual inspection which is a walk-through of the building. If issues are identified, further review would be conducted, he said. Individual residential units would not be inspected unless there is an issue that arose. Many communities have an inspection program of some sort, City Attorney Frieders stated. The conditions that exist require a more extensive process since there has been no program in place, he added. The program is not intended to be a revenue-generator, he said; it is required to be self- sufficient and cover its own costs. Many conditions are not evident from the outside of properties, he said. The current draft of the ordinance includes home-based businesses if they invite clients into the property, City Attorney Frieders said. Staff asks that reference to home-based businesses be removed from the ordinance in the definition. City Manager Gaura stated annual inspections are being done in other communities. The issue goes beyond the three buildings previously highlighted that have closed. This is the most significant public safety issue, she added and it is an opportunity to become proactive. Chief Lowery stated he has never seen buildings with such severe safety issues. It is only a matter of time that a Police Officer falls through a building and ends his career or his life, he said. Chief Hicks stated that adopting this inspection program will insure public safety. Director of Public Works Moore added this is a strategic code improvement that will allow the City to be proactive. Ald. Lash asked if it will be determined that efforts are not duplicated; i.e. some businesses are already inspected, and also inquired about the billing of the inspections. City Attorney Frieders stated it would be within the scope of the Community Development Director. Ald. Snow suggested looking at other options and added he is unsure if an annual inspection is needed. He further suggested tabling the item. Ald. Jacobson stated an inspection will not solve a deteriorated building. The issue is we have not maintained our conditions as a City. There is a Fire Life Safety license in place, he added. This will be hundreds of dollars billed to owners because of the different inspectors needed, he said. The City is adding to my costs here as an owner of the property, he said, and there are property rights in this country. There are codes in place and inspectors; the community is looking for Council to do something not create pages of laws because we have not done our jobs, he stated. He questioned why anyone would want to come to DeKalb with the additional fees and regulations. Finally, he said, this is the most harmful regulation to businesses and it is scary this is where we want our City to go. Regular City Council Meeting Minutes September 8, 2014 Page 10 of 11 Mr. James Kibble, DeKalb, Illinois stated the buildings are not killing people, not ruining lives. We are better putting our resources into illegal activities, he said. Most of the commercial buildings have small businesses and he said his fear is that the older buildings may not be inspected with sensitivity to age. Mr. Ken Anderson, Executive Officer of the DeKalb County Building and Development Association requested that this ordinance be sent back to staff. He noted that the City does not need more restrictive codes. Mr. Chuck Shepard stated DeKalb will be a lagging market indicator and this is a negativity of anyone considering moving to DeKalb. He questioned adding another layer of paperwork to businesses. Mr. Mike Carpenter, DeKalb, Illinois stated it has been challenging in this economy. Landlords are seeing shrinking rents and this fee will be passed to the tenant which will make it more difficult to attract businesses, he said. There is no opportunity for the landlord to change the leases, he said. It should not fall on the owners, he said. Mr. Mike Coglan, DeKalb, Illinois, attorney stated this requires a second reading. The proposed ordinance is 30 pages, he said. There is no reason that there can’t be annual inspections now. Staff can do this now under current regulations. The determining factor is money. In reality you are taxing people who are acting responsibly. Mr. William Heinisch, Kingston, Illinois, landlord. stated he was at the Committee of the Whole meeting when this was brought up. This ordinance is complete, but missing one thing... stakeholder input. We were not invited to the table, he said. It is a business killer and a revenue generator. The City has not been doing its job of inspecting – that is why the buildings are deteriorated. He asked Council to invite the building owners in and develop something that works for everyone. We are imposing one more fee. He stated to Council that you represent us and asked that they don’t just rubber stamp this. Ms. Shawn Hanlon, daycare provider stated her concern has been addressed regarding home based business. Ald. Lash stated she is supportive of a building inspection program but questioned format and asked if there is any way we can postpone and direct staff to meet with the Chamber and stakeholders. Mayor Rey suggested receiving and filing tonight and Council can direct staff to work with stakeholders on the issues. He added that Council needs to get through 2nd reading of ordinance in order to give staff direction on an RFP. Ald. Lash reiterated her request to postpone until stakeholders are invited to the discussion. AMENDED MOTION Ald. Snow moved to postpone action on Ordinance 2014-033 until first meeting in November; seconded by Ald. Lash. Ald. Naylor stated he would like to see that the representation is equal and not all just from one specific area – would like to see cross representation of all. Ald. Jacobson asked if this is such a major public safety issue where is the public? We represent the citizens, not the staff, he said. He added he does not see any citizens here crying for their safety. This needs to start from the beginning. Ald. Naylor stated we are here representing all the people and have to look at what is in the public interest and public good. He added he does not believe this is a detriment, but an asset.  Regular City Council Meeting Minutes September 8, 2014 Page 11 of 11 We have not been strong enough to enforce what has been on the books. VOTE ON AMENDED 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. H. NEW OR UNFINISHED BUSINESS: None. I. REPORTS – COMMUNICATIONS: Ald. Finucane congratulated the Huskies on third straight win. Ald. Lash said she came in tonight in support of building inspection program as it was laid out – kudos to those who showed up and changed her mind, she said. Mayor Rey announced the upcoming Illinois Municipal League Conference. He added that there will be a September 11th salute and honor for first responders and vets at the Airport with the Air Force Band present. J. RECESS FOR EXECUTIVE SESSION: 1. APPROVAL TO HOLD AN EXECUTIVE SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1). 2. APPROVAL TO HOLD AN EXECUTIVE SESSION TO DISCUSS PENDING OR IMMINENT LITIGATION 5 ILCS 120/2(c)(11). 3. APPROVAL TO HOLD AN EXECUTIVE SESSION TO DISCUSS SALE OF PROPERTY AS PROVIDED FOR IN 5 ILCS 120/2(c)(6). Not acted on in this meeting. K. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 10:34 p.m. ___________________________________ DIANE K. WRIGHT, Deputy City Clerk Approved By City Council Date: September 22, 2014