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City Council

Regular Meeting

DeKalb, IL · January 12, 2015

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Minutes

MINUTES CITY OF DEKALB CITY COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 12, 2015 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, January 12, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 5:05 p.m. A. ROLL CALL Economic Development Coordinator Jennifer Diedrich called the roll and the following members of City Council were present: Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ron Naylor, Alderman Monica O’Leary, and Mayor John Rey. The following members of City Council were absent at roll call: Alderman David Jacobson (arrived at 5:24 p.m.), Alderman Dave Baker, and Alderman Monica O’Leary (arrived at 5:17 p.m.). Also present were City Manager Anne Marie Gaura, Assistant City Manager Patty Hoppenstedt, Police Chief Gene Lowery, Finance Director Cathy Haley, Fire Chief Eric Hicks, Community Development Director Ellen Divita, Public Works Director T.J. Moore, City Attorney Dean Frieders, Economic Development Coordinator Jennifer Diedrich, and Deputy Clerk Ruth Scott. B. ITEMS ALSO ON THE REGULAR AGENDA C. CONSIDERATIONS 1. Great Lakes Economic Development Agreement City Manager Gaura stated City staff had been researching this ecommerce project for several months from every angle. Community Development Director Divita introduced Dr. Tom McPeak of Barnwell Consulting LLC. She advised that Dr. McPeak works with high-volume internet retailers seeking municipalities interested in developing long-term agreements to extend financial incentives for companies that would locate in the municipality and engage in taxable internet sales in compliance with the law. This particular agreement would not obligate the City to any abatements or incentives but would set the ground work for future agreements. Committee of the Whole Meeting January 12, 2015 Page 2 of 4 After Community Development Director Divita’s overview, Dr. McPeak discussed the megatrends occurring in ecommerce and the internet. He continued to explain how the project would work and how it conforms to the Department of Revenue requirements. City Manager Gaura asked City Attorney Frieders to give an overview of the agreement. City Attorney Frieders described the specifics of the agreement and the process for approving clients. Mayor Rey asked Dr. McPeak if the terms of this agreement were the same as those with other municipalities. Dr. McPeak stated the City’s agreement is more thorough. Alderman Lash asked City Attorney Frieders if indemnification covers all costs. Alderman Lash and City Attorney discussed indemnification concerns. City Attorney Frieders stated the agreement is a three-party agreement and the retailer covers all legal costs. Alderman Lash asked what types of jobs would be brought to the City. Dr. McPeak responded that full-time wages and benefits appropriate for the duties assigned would be likely. Alderman Lash stated she doesn’t want to see more part-time or minimum wage jobs in DeKalb. Dr. McPeak responded that DeKalb is ideally located for a distribution center with sharp people in the area to draw as workforce. Discussion continued between all present. Alderman Lash asked if the agreements would follow the City’s guidelines for brick and mortar retailers. Community Development Director Divita stated there were even more guidelines for ecommerce entities. Dr. McPeak gave an example of the differences between a brick and mortar space and an ecommerce company, stating ecommerce revenue is the only way to get sales tax revenue from those purchasing throughout Illinois without using much of the City’s resources. A discussion ensued between Alderman Lash and Dr. McPeak. Mayor Rey stated the agreement’s preamble speaks of a 25-year term agreement and Section 7 speaks of a 10-year term and asked what the difference was. City Attorney Frieders responded there would be two agreements – one with Barnwell Consulting for 10 years and the other with the potential retailer for 25 years. City Manager Gaura stated the acceptance of the agreement is a philosophical decision by Council. Committee of the Whole Meeting January 12, 2015 Page 3 of 4 Alderman Lash stated she doesn’t agree with the 25-year term. City Manager Gaura stated a long term agreement is beneficial to the City as a long term-revenue source. With retail changing world wide, incentive agreements have to have their place. Dr. McPeak added that major companies want to have a connection with all their markets and time zones. Ecommerce is growing 20 percent a year so longer term agreements are important. Alderman Naylor asked about the relationship between Barnwell Consulting and Great Lakes Economic Development LLC. Dr. McPeak responded that Barnwell Consulting is the umbrella association and creates a new LLC in each state for every client. Alderman Naylor asked Dr. McPeak if other cities in Illinois were being considered. Dr. McPeak stated he only wants to do this type of project in DeKalb. Alderman Naylor asked City Attorney Frieders about appropriations of the budget. City Attorney Frieders stated that if the City were to enter into a sub-agreement, funds would have to be appropriated for this purpose. Entering into an agreement the City doesn’t have funds budgeted for would void the agreement. This is a way of ensuring the City adheres to their obligations. Alderman Finucane asked what commits a company to stay in DeKalb for 25 years. Dr. McPeak replied the agreement would indicate a company can’t relocate to another city because of a better incentive. Alderman Finucane asked if the company would be required to pay a penalty if they stayed less than 25 years. Dr. McPeak stated since the City isn’t putting money into the project it has no investment to protect as there would be with a brick and mortar building. Dr. McPeak mentioned that if Amazon were to come to Illinois, they would generate approximately $22 million in local sales tax. Alderman Jacobson stated he is opposed to incentives if a company is coming to take something but feels this instance is one of the few opportunities the City’s high tax rate would help to compete with other large retailers. Mayor Rey stated this item is also on the Regular agenda and City Manager Gaura described the multistep process for moving forward. Approving the Great Lakes Economic Development agreement would give Dr. McPeak permission to reach out to the retailer. Committee of the Whole Meeting January 12, 2015 Page 4 of 4 Dr. McPeak added that he envisions two future agreements, however, the City isn’t obligated to accept them. Alderman Naylor asked about the timeframe for moving forward. Dr. McPeak stated that once the agreement is in place, it could take six months to a year. Mayor Rey thanked Dr. McPeak for his time. D. RECESS FOR EXECUTIVE SESSION OF THE CITY COUNCIL 1. Approval to Hold an Executive Session to Discuss Personnel as Provided for in 5 ILCS 120/2(c)(1). Not acted on at this meeting. 2. Approval to Hold an Executive Session to Discuss Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5). Not acted on at this meeting. 3. Approval to Hold an Executive Session to Discuss Pending or Imminent Litigation as Provided for in 5 ILCS 120/2(c)(11). Not acted on at this meeting. E. ADJOURNMENT MOTION Alderman Jacobson moved to adjourn the meeting, seconded by Alderman Finucane. Mayor Rey declared the meeting adjourned at 6:01 p.m. ____________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council February 9, 2015 MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING JANUARY 12, 2015 The City Council of DeKalb, Illinois held a Regular Meeting on Monday, January 12, 2015 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 6:09 p.m. A. ROLL CALL Economic Development Coordinator Jennifer Diedrich called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Bill Finucane, Alderman Kristen Lash, Alderman Bob Snow, Alderman Ron Naylor, Alderman Dave Baker, Alderman Monica O’Leary, and Mayor John Rey. The following members of City Council were absent at roll call: Alderman Dave Baker. Also present were City Manager Anne Marie Gaura, Assistant City Manager Patty Hoppenstedt, Police Chief Gene Lowery, Finance Director Cathy Haley, Fire Chief Eric Hicks, Community Development Director Ellen Divita, Public Works Director T.J. Moore, City Attorney Dean Frieders, Principal Planner Derek Hiland, Economic Development Coordinator Jennifer Diedrich, and Deputy City Clerk Ruth Scott. B. THE PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Cub Scout Pack 104. C. APPROVAL OF THE AGENDA – ADDITIONS / DELETIONS MOTION Alderman Jacobson moved to approve the Agenda, seconded by Alderman O’Leary. Motion carried by a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. D. PUBLIC HEARINGS 1. Fire Safety Registration and Inspection Program Fire Chief Hicks provided a review of the status of the subject item and explained how it has changed since the first presentation in September of 2014. Regular City Council Meeting Minutes January 12, 2015 Page 2 of 11 City Attorney Frieders discussed specific changes to the ordinance including violations and compliance agreements and potential incentives. Mayor Rey opened the Public Hearing at 6:23 p.m. Mac McIntyre stated he had concerns with the acceleration of the implementation schedule of the ordinance. Mr. McIntyre also stated the ordinance should have language inserted making it not as easily changed in the future. Marianne Anderson stated the City needs to be more business friendly and wants to ensure home-based businesses will not be included in this ordinance now or in the future. Further, she feels a sunset clause should be added to the ordinance if it’s not getting the required results within a specific amount of time. Marvin Barnes of Cushioneer stated he’s been a part of the proposed ordinance since the beginning and feels the current proposal is a good compromise for all involved. Linda Walt stated the current version of the proposed ordinance is much improved. Ms. Walt further stated she has an issue regarding grandfathering, feeling it needs to be very specific concerning work on the buildings being inspected. Will Heinisch provided a red-lined version of the FOCUS DeKalb ordinance to Council and staff. Mr. Heinisch listed numerous concerns FOCUS DeKalb has with the ordinance as proposed by City staff and asked Council to not rush the process of approving it. Chuck Shepard waived his request to speak to Council. Paul Callighan, former President of DCEDC thanked Council and staff for seeking input on the proposed ordinance stating he had concerns with the initial ordinance but supports the current draft in theory. However, he feels some refinement may be needed. John Anderson stated the City has known about violations of existing buildings, e.g. Otto’s, Travel Lodge, for years and asked why something hadn’t been done about them before now. Mayor Rey closed the Public Hearing at 6:58 p.m. Mayor Rey clarified with City Manager Gaura that another Public Hearing and the first reading of the proposed ordinance would take place on January 26, 2015, with the second reading taking place on February 9, 2015. City Manager Gaura confirmed the timeline and asked Council to notify City staff if they felt the schedule needed to be changed. Regular City Council Meeting Minutes January 12, 2015 Page 3 of 11 Mayor Rey asked City Manager Gaura if an updated version of the proposed ordinance would include the input given from FOCUS DeKalb. City Manager Gaura stated it would. Mayor Rey thanked the citizens that had given their input and time regarding this matter. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items a. Introduction of Assistant City Manager Patty Hoppenstedt City Manager Gaura introduced Assistant City Manager Hoppenstedt, giving highlights of her education and career. Assistant City Manager Hoppenstedt stated she was happy to be serving residents and employees of the City of DeKalb. b. Human Services Funding Annual Report: Elder Care Services Executive Director Tara Culotta presented Council with the Elder Care Services annual report stating one of the highlights of the past year include their move to a larger facility. Ms. Culotta stated this move will help provide even more services to DeKalb citizens and thanked Council for their support. c. Recognition of Lights of Distinction Winners Mayor Rey recognized the following Lights of Distinction winners, voted on by the Enhancement Committee, thanking them for their efforts to increase community pride with their seasonal displays:  Tom and Debbie Carls, 4 Inverness Court  Bob and Pat Carlson, 3 Wedgewood Cove  William and Nancy Raines, 200 Tilton Park 2. Presentations There were no presentations at this meeting. 3. Approval of the Mayor’s Appointments MOTION Alderman Finucane moved to approve the reappointment of Mark Hein to the Environmental Commission through June 31, 2016; the appointment of Lynn Neeley to fill a vacancy on the Finance Advisory Committee through June 31, 2018; and the appointment of Thom Gearhart to fill a vacancy on the Finance Advisory Regular City Council Meeting Minutes January 12, 2015 Page 4 of 11 Committee through June 31, 2018, seconded by Alderman Naylor. Motion carried on a voice vote of 6-0-2. Aye: Jacobson, Finucane, Lash, Snow, Naylor, Rey. Absent: Baker, O’Leary. Mayor Rey declared the motion passed. 2. Citizens Comments Masako Newquist stated she had lost a tenant due to an inspection by the Crime Free Housing Bureau. Ms. Newquist was unhappy with the Crime Free Housing Bureau and their inspection requirements. F. CONSENT AGENDA – OMNIBUS VOTE MOTION Alderman Snow moved to approve the Consent Agenda, seconded by Alderman O’Leary. VOTE Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. MOTION Alderman Snow moved to approve the listings on the Consent Agenda, seconded by Alderman O’Leary. VOTE Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 1. Approval of City Council Minutes a. Committee of the Whole Meeting Minutes of November 24, 2014. b. Regular Meeting Minutes of November 24, 2014. c. Committee of the Whole Meeting Minutes of December 8, 2014. d. Regular Meeting Minutes of December 8, 2014. All approved in the Consent Agenda by Omnibus Vote. 2. Receive & File a. FY15 Accounts Payable through January 12, 2015, in the Amount of $6,383,891.70. b. Investment and Bank Balance Summary through November 2014. Regular City Council Meeting Minutes January 12, 2015 Page 5 of 11 c. Year-to-Date Revenues and Expenditures for the General Fund through November 2014. All approved in the Consent Agenda by Omnibus Vote. 3. Resolution 2015-001 Authorizing a Lease Agreement with Old Elm Farms, 3331 Pleasant Street, for the Lease of 358 Acres +/- of Farmland and Two Grain Bins from February 15, 2015 through December 15, 2015 in the Amount of $125,529. Approved in the Consent Agenda by Omnibus Vote. 4. Ordinance 2015-001 Amending Chapter 51 “Traffic,” Schedule C “Parking Prohibited” of the Municipal Code (Garden Road Parking Restrictions). (Waiver of First and Passage on Second Reading) Approved in the Consent Agenda by Omnibus Vote. 5. Ordinance 2015-002 Amending Chapter 51 “Traffic,” Section 51.17 “Municipal Parking Lots and Parking Stalls” of the Municipal Code. (Seventh Street Parking Lot Restrictions). (First Reading) Approved in the Consent Agenda by Omnibus Vote. G. Items for Separate Action 1. Resolution 2015-002 Authorizing an Agreement with Great Lakes Economic Development, LLC for Future Economic Development Incentives. Mayor Rey read Resolution 2015-002 by title only. Alderman Naylor asked for clarification regarding the indemnification which City Attorney Frieders addressed. MOTION Alderman Finucane moved to pass Resolution 2015-002, seconded by Alderman Jacobson. VOTE Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 2. Ordinance 2014-048 Approving a Special Use Permit for a Museum on Property Zoned “MFR-1” Multi-Family Residential, Ellwood-Nehring House, Located at 417 North First Street. (Second Reading) Regular City Council Meeting Minutes January 12, 2015 Page 6 of 11 Mayor Rey read Ordinance 2014-048 by title only. There was no discussion regarding this item. MOTION Alderman Naylor moved to pass Ordinance 2014-048, seconded by Alderman Finucane. VOTE Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 3. Ordinance 2015-003 Amending Chapter 64 “Smoking Regulations” of the Municipal Code Regarding Standards for Retail Tobacco Stores Setback. (First Reading) Mayor Rey read Ordinance 2015-003 by title only. City Attorney Frieders presented the proposed changes to this ordinance, reviewing each option given. Alderman Naylor stated he prefers Option 2 and reviewing each application on a case-by-case basis allowing Council to make the decision. MOTION Alderman Naylor motioned to pass Ordinance 2015-003 with Option 2, seconded by Alderman Lash. Alderman Lash stated that after a conversation with the business owner, she realizes the tobacco shop in question is not typical of others in the City. The 1,000- foot setback is a good idea and should be the general rule of thumb. Alderman Finucane stated there are only two locations in the City that meet the 1,000-foot setback. Principal Planner Hiland commented that the two locations Alderman Finucane mentioned are on the agenda for discussion. Alderman Snow stated the 1,000-foot setback is too restrictive and feels the 200- foot setback is more reasonable. Alderman Lash asked what where the standard setbacks of bars and tattoo parlors. City Attorney Frieders replied that bar setbacks are 100 feet and set by state statute. Tattoo parlors also have a setback of 100 feet. Discussion ensured regarding setbacks. Regular City Council Meeting Minutes January 12, 2015 Page 7 of 11 Alderman Jacobson stated this is another reason why business owners see the City as business unfriendly. Other municipalities don’t have these laws. This is just a blanket ban on tobacco stores. VOTE Motion carried on a 4-3-1 roll call vote. Aye: Lash, Naylor, O’Leary, Rey. Nay: Jacobson, Finucane, Snow. Absent: Baker. Mayor Rey declared the motion passed. MOTION Alderman Naylor motioned to waive first reading and pass Ordinance 2015-003 on second reading, seconded by Alderman O’Leary. VOTE Motion carried on a 5-2-1 roll call vote. Aye: Finucane, Lash, Naylor, O’Leary, Rey. Nay: Jacobson, Snow. Absent: Baker. Mayor Rey declared the motion passed. 4. Resolution 2015-003 Approving a Conditional Retail Tobacco Store License for Tangier Hookah Lounge Located at 327 Hillcrest Drive. Mayor Rey read Resolution 2015-003 by title only. MOTION Alderman Naylor motioned to pass Resolution 2015-003, seconded by Alderman O’Leary. Economic Development Coordinator Diedrich provided an overview of this item. Alderman Jacobson commented the City shouldn’t have a law on the books that isn’t going to be followed. There was a brief discussion regarding this item. City Attorney Frieders told Council to advise staff if there was interest in bringing this topic back to a future meeting for further discussion. Alderman Finucane stated he would want to visit this ordinance again at a later date. VOTE Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 5. Resolution 2015-004 Authorizing the Waiver of Bids and Award of Purchase Contract to Ten-8 Fire Equipment, Inc. for the Purchase of a 2008 Pierce Quantum 105-Foot Aerial Ladder in the Amount of $420,000. Regular City Council Meeting Minutes January 12, 2015 Page 8 of 11 Fire Chief Hicks provided an overview of this item and showed photos of the aerial ladder truck. The truck is in excellent condition with no rust. If approved, the City will take possession of the truck in July. Mayor Rey asked if there was a market for the City’s current ladder truck. Fire Chief Hicks replied there was; however, the truck had many issues. Alderman Finucane asked how many hours were on the truck to be purchased. Fire Chief Hicks replied 4,000. Alderman Jacobson asked why the truck was being sold. Fire Chief Hicks replied that the county in Florida that currently owns it is very wealthy and never keeps a vehicle over eight years. Alderman Jacobson asked if the crew cab had a heater. Fire Chief Hicks replied it doesn’t but one would be installed. Alderman Jacobson asked if there was any equipment the City would need on the truck that the current owner would not. Fire Chief Hicks replied there wasn’t. City Manager Gaura stated that Fire Chief Hicks has gone above and beyond looking for an available ladder truck. There was no market two months ago but, because of the Chief’s due diligence, he saved the City $220,000. Alderman Lash thanked and congratulated Fire Chief Hicks for his efforts. MOTION Alderman Lash motioned to pass Resolution 2015-004, seconded by Alderman Snow. VOTE Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. 6. Ordinance 2015-004 Amending Chapter 23 “Unified Development Ordinance (UDO),” Article 5 “Zoning District Regulations” of the Municipal Code. (First Reading) See DISCUSSION shown under Item 9. below. 7. Ordinance 2015-005 Amending Chapter 23 “Unified Development Ordinance (UDO),” Article 7 “Supplemental District Regulations” of the Municipal Code. (First Reading) See DISCUSSION shown under Item 9. below. Regular City Council Meeting Minutes January 12, 2015 Page 9 of 11 8. Ordinance 2015-006 Amending Chapter 23 “Unified Development Ordinance (UDO),” Article 13 “Signs,” Section 13.03 “Prohibited Signs” of the Municipal Code to Clarify Inconsistencies Within the Remainder of the UDO Regarding Signage. (First Reading) See DISCUSSION shown under Item 9. below. 9. Ordinance 2015-007 Amending Chapter 23 “Unified Development Ordinance (UDO),” Article 19 “Non-Conforming Situations” of the Municipal Code. (First Reading) DISCUSSION Mayor Rey asked Principal Planner Hiland to discuss Ordinances 2015-004, 2015- 005, 2015-006 and 2015-007 at the same time. Principal Planner Hiland stated the review of these ordinances began last year. The Planning & Zoning Commission had met several times and realized that some code amendments were required. Principal Planner Hiland began to discuss the changes recommended. Alderman Naylor stated the backup given was hard to follow and asked about the changes that were being made. Principal Planner Hiland stated some have incidental reasons and that the Planning & Zoning Commission had spent a tremendous amount of time going over each item. City Manager Gaura asked if these items were too comprehensive to discuss during one meeting. City Attorney Frieders stated that some regulations were based on updates to the City’s municipal code based on City experience to date. MOTION Alderman Jacobson stated that it was difficult to consider all of the changes at once and motioned to move each item to separate Committee of the Whole meetings for further discussion. Motion seconded by Alderman O’Leary. Mayor Rey asked that each item be prioritized. City Manager Gaura stated that she would discuss the items with senior staff and bring each one back to separate Committee of the Whole meetings. Alderman Naylor asked for a simplified view of the changes. Alderman Jacobson asked for photo overlays of the business district for Council to review. Regular City Council Meeting Minutes January 12, 2015 Page 10 of 11 VOTE Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. H. NEW OR UNFINISHED BUSINESS There was no new or unfinished business. I. REPORTS – COMMUNICATIONS Alderman Jacobson thanked Public Works for a great job keeping the City’s streets plowed and salted. Alderman Finucane complimented Principal Planner Hiland regarding the University Village meeting he put together. Alderman Lash thanked Public Works for keeping the roads cleared during winter weather. Alderman Lash also thanked Principal Planner Hiland and City Attorney Frieders for their participation at the University Village meeting at Westminster Presbyterian Church. Alderman Snow had no report. Alderman Naylor congratulated the NIU Huskies on a great year, thanked Public Works for their efforts in clearing the City’s roads, congratulated Fire Chief Hicks on the ladder truck purchase and thanked him for saving the City money, and stated he appreciated the reverse 911 call regarding snow routes. Alderman O’Leary wished everyone a happy new year and expressed her appreciation for the reverse 911 call regarding snow routes. Mayor Rey reported he was happy to see full staffing in senior management and congratulated City Manager Gaura. Mayor Rey also stated he had received a call from a citizen asking how they would unsubscribe from CodeRED. Fire Chief Hicks replied that citizens could contact the Fire Department for assistance. City Manager Gaura mentioned the University Village meeting stating that even though the weather was very cold, after speaking with stakeholders, it was decided to not cancel. The meeting received a great turn out and was videotaped. The video can be seen under the “What’s New” section of the City’s website. City Manager Gaura informed Council that Diana Robinson of the Center for Governmental Studies would be at the January 26, 2015 Committee of the Whole meeting to provide an update of the Strategic Plan. City Attorney Frieders had no report. Assistant City Manager Hoppenstedt stated she was glad to be here and looks forward to working with everyone. Regular City Council Meeting Minutes January 12, 2015 Page 11 of 11 Police Chief Lowery reported that two City police officers attended the funeral of the officer shot in New York. Further, 118 officers were killed last year by gunfire. Finance Director Haley had no report. Fire Chief Hicks thanked the fire and police departments for their hard work during a downtown fire incident, and thanked Council for their approval of the ladder truck purchase. Community Development Director Divita had no report. Public Works Director Moore thanked Council for their kind words regarding snow removal, reminded citizens to not pass snow plows and be sure to dig out their mailboxes. Public Works Director Moore also reminded citizens that this is the season for water main breaks. Citizens should call Public Works during business hours or the police department’s non- emergency number after business hours. J. RECESS FOR EXECUTIVE SESSION MOTION Alderman Finucane motioned to hold an executive session to discuss the following, seconded by Alderman Snow: 1. Personnel as Provided for in 5 ILCS 120/2(c)(1). 2. Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5). 3. Pending or Imminent Litigation as Provided for in 5 ILCS 120/2(c)(11). Motion carried on a roll call vote of 7-0-1. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. Mayor Rey closed the meeting to the public at 8:23 p.m. Mayor Rey opened the meeting to the public at 9:27 p.m. K. ADJOURNMENT MOTION Alderman Jacobson moved to adjourn the meeting; seconded by Alderman Lash. Motion carried on voice vote. Mayor Rey declared the meeting adjourned at 9:28 p.m. __________________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council February 9, 2015

Agenda

AGENDA Committee of the Whole Meeting January 12, 2015 5:00 p.m. A. Roll Call B. Items Also on the Regular Agenda C. Considerations 1. Great Lakes Economic Development Agreement D. Recess for Executive Session of the City Council 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 Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5). 3. Approval to Hold an Executive Session to Discuss Pending or Imminent Litigation as Provided for in 5 ILCS 120/2(c)(11). E. Adjournment DATE: January 7, 2015 TO: Honorable Mayor John Rey City Council FROM: Anne Marie Gaura, City Manager Ellen Divita, Community Development Director Dean Frieders, City Attorney SUBJECT: Discussion of Great Lakes LLC Incentives Agreement STRATEGIC GOAL: Ensure a Financially Stable, Sustainable, and Professional City Government I. Summary The City was contacted, via former Economic Development Consultant Roger Hopkins, by Dr. Thomas McPeak of Barnwell Consulting LLC in Atlanta Georgia. Dr. McPeak seeks a northern Illinois municipality interested in developing a long-term agreement to extend financial incentives for companies that would locate in the City and engage in taxable internet sales in compliance with Illinois law. The draft agreement before Council this evening for consideration was drafted by Great Lakes Economic Development (GLED), with modifications by City of DeKalb staff and City legal counsel. The Council is asked to meet Dr. McPeak, consider the request, and determine if they would like to enter into the agreement with GLED. Dr. McPeak will be present to answer any questions. II. Background Technology continues to impact business practices, including where a company can consider an order “to be accepted.” Fax machines, emails, and the internet have made it possible for business to be concluded miles away from a physical storefront location. These changes in technology have also had an impact on the generation and assessment of sales taxes associated with retail sales. While sales occurring in person at a brick and mortar store are relatively simple to assign to a physical location, when an online transaction occurs with the buyer and seller at different locations, and often with the product shipping from a third distinct location, the tax consequences have historically not been as clear. The Federal government continues to debate the issue via proposed Federal legislation known as the “Marketplace Fairness Act.” At this point, that legislation does not appear likely to be passed in the immediate future. There has also been a lengthy debate in Illinois. Illinois has not joined the 24 states who have agreed to uniform “streamlined sales and use tax agreement” for collection of sales tax. (http://marketplacefairness.org/compliance/) The streamlined process applies to online sellers with more than $1,000,000 in remote sales (sales to customers in states where the seller does not already have a physical presence), but only in states which have adopted that agreement as law. Recently, the Illinois Department of Revenue adopted revised regulations that provide guidance to retailers to determine what local taxes they incur based upon the location where they are engaged in the business of selling tangible personal property and regarding the fashion in which online sales are taxed. In 2014, Illinois adopted a five-factor test, and if an office location “receiving” online sales satisfies at least three of the five factors, the sales taxes associated with the online sale accrue to that location. The five factors are: 1) Where sales persons who solicit the orders are located. 2) Where the seller takes action to accept the sale. 3) Where payment is tendered and received or where invoices are sent from. 4) Where tangible inventory is located. 5) Where the seller’s headquarters is located. In regards to internet sales (retail sales transactions consummated online), if a retailer does not have a physical location within Illinois, an individual consumer is technically required to declare a use tax on purchases when they complete their annual income tax, but the retailer is not obligated to collect the tax. This changes if a retailer has a physical location within the state. If an online retailer opens a physical office within a city which meets at least three of the five standards noted above, and routes all online orders from within that state to their physical office and receives payment at that office, that physical office may be the place where the orders are deemed to originate from, and the sales tax accruing from those orders may be deemed to be payable in that city. Dr. McPeak works with high volume internet retailers who seek an arrangement to locate a qualifying enterprise in the City with a portion of the sales tax coming back to the company as an incentive. This raises a philosophical question regarding to what extent the Council believes it is appropriate to incentivize private enterprise with the sales tax dollars that are, at the time of receipt, public dollars. Dr. McPeak has not identified his client list. The agreement attached hereto for consideration would create a platform for the City Council to consider approval of future requests on a client-by-client basis, with the City having the absolute right to approve or reject such individual client requests. City staff believes that the City should consider potential agreements that would relate to online-generated sales only, as will be more fully described below. This is, however, a policy consideration for the City Council. Page |2 Note, the proposed agreement, as written, does not obligate the City to pay the proposed developer anything. City liability for payments, if any, would be determined in future agreements with individual, identifiable clients. Working with legal counsel, the agreement originally proposed was modified to include indemnification for the City in event of a legal challenge, and a City approval process for individual agreements with prospective clients. The process would begin with a written proposal to the City containing: 1) The Client’s name and a description of its business. 2) The Client’s proposed site within the City of DeKalb or a description of the proposed specifications for such site. 3) The Client’s projected number of employees and a description of the nature of operations to be completed at the site. 4) The location of any other Client facilities within the state. 5) A financial forecast including an estimate of likely taxable online sales to be generated, based upon reliable information acceptable to the City. 6) A description of the fashion in which the proposed operation complies with the applicable Illinois statutes and regulations regarding the origin of sales and location where sales taxes are due. 7) Such other information as the City shall request. The City would have the sole and exclusive right to accept or reject any retail Client presented by Company, after approval of this original agreement, and has no obligation for any payment unless, and until: 1) The City Council approved a client proposal by resolution. 2) The client company met all terms of the agreement. Such terms would include a description of the incentive including projections and percentage of City Sales tax to be rebated as an incentive 3) Funds are actually received by the City. 4) Final payments would be withheld until final reconciliation was done. 5) An annual affidavit of compliance would be files indicating no changes in manner of company operation, per the agreement. Also, all client operations contemplated to occur within the City would fully comply with Illinois Department of Revenue Regulations Title 86, Part 270, Section 270.115 for consummation of sales within City, as amended from time to time and all parties would be required to comply with the terms and provisions of any and all statutes and regulations issued by the State Department of Revenue that apply to such activities. III. Community Groups/Interested Parties Contacted In researching this request, City staff spoke with the Illinois Department of Revenue and representatives of the City of Frisco, Texas who have entered into an agreement with companies brought by this developer. Staff has also researched similar agreements in other states, and has researched experiences that municipalities have had with sales tax agreements of this nature. Page |3 IV. Legal Impact Requests for assistance would need to be reviewed on a case-by-case basis with an agreement written for each of GLED clients for which the City Council agrees is a suitable arrangement. Agreements would need to conform to Illinois law overseeing such arrangements. However, even if a rebate agreement is properly crafted and the incentivized facility locates in the City and complies with the state regulations on online sales, the agreements pose the potential for a legal challenge to be brought against the City or the agreement. To be clear, staff would not recommend any arrangement where the City would be drawing sales taxes away from physical store locations in other communities (i.e., brick and mortar stores), and the GLED-proposal is completely unlike the Sycamore sales tax rebates pertaining to aviation fuel sales. The Sycamore arrangement does not include internet purchases but City staff does have concerns. Under current state law, for those online sales that are taxed, 30% of the taxes that are imposed (in the absence of a sales tax ‘anchor’ as contemplated above) are paid to the City of Chicago and the Regional Transit Authority (RTA). The RTA is the body that has filed suit to challenge the Sycamore sales tax rebate agreement. Because of the potential for a legal challenge, staff believes that it is critical that any incentive agreement include an obligation that the City have a legal defense provided by all parties to the agreement, including the ultimate client. That would be a requirement of the draft agreement, and also of any future individual client agreements. It should be noted that staff has had extensive discussion with the Illinois Department of Revenue regarding arrangements of this nature, and the Department of Revenue has indicated that an arrangement of this nature appears to comply with Illinois law and its regulations. V. Financial Impact Based on Dr. McPeak’s experience with his clients in California and Texas, this agreement this could generate over $500,000 of sales tax revenues per year, per client. The City has contacted Frisco, Texas who reports that using a similar agreement (under their corresponding state law), their revenue experience has been consistent with these projections. Actual projections would be known at such time that an actual client proposal is brought to the City. VI. Options As noted above this is a philosophical and policy decision for the City Council to make. The Council may choose to: 1) Reject approval of the agreement, determining they are not comfortable with an incentive proposal of this nature. 2) Approve the agreement, recognizing that such approval does not obligate the City to an incentive. Individual incentive requests would be considered on a case-by-case basis in the future. Page |4 3) Recommend amendments to the agreement. 4) Withhold approval of this agreement, and indicate to the developer that individual proposed client agreements should be brought forward on a case by case basis. VII. Recommendation Dr. McPeak will be at the meeting to discuss his proposal with the City Council during the Committee of the Whole. Staff seeks direction from the City Council regarding the underlying policy considerations at issue here. Page |5 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DEKALB AND GREAT LAKES ECONOMIC DEVELOPMENT, LLC This Agreement is by and between the city of DeKalb (“City”), an Illinois Home Rule Municipal Corporation, and Great Lakes Economic Development, LLC (referred to hereinafter as “Company”), a Delaware Limited Liability Company with offices at 3475 Lenox Road, Suite 650, Atlanta, Georgia 30326, (collectively “Parties”). PREAMBLE Whereas, City is a Home Rule Illinois Municipal Corporation under and by virtue of the Constitution and the laws of the State of Illinois; and Whereas, City desires to increase the number of retail businesses in DeKalb that generate Retailer’s Occupation Tax by engaging in taxable, online sales; and Whereas, Company is a consulting and business services firm that assists companies (“Clients”) in building businesses with significant Illinois online retail sales, through merger, acquisition or otherwise; and Whereas, Company and City will enter into contracts (referred to hereinafter as “Location Agreements”) with Clients, for twenty-five (25) year terms, to pay a negotiated inducement to locate taxable Client operations engaged in online retail activities in the City; and Whereas, the attraction of new retail businesses to DeKalb will stimulate local commercial activity, and the increase in the Retailer’s Occupation Tax derived therefrom will enhance the tax base and the economic vitality of the City; and Whereas, under this Agreement City will retain a portion of new tax revenue generated from online sales made by Clients; and Whereas, as an economic incentive for Client to locate its business in DeKalb, Company and City have agreed to share in the benefits realized by City as a result of the Clients’ new online sales that generate local sales taxes within the City; and Whereas, the City is entering into this Agreement in the exercise of its Home Rule and other powers and authority. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, IT IS AGREED AS FOLLOWS: 1 SECTION 1. INCORPORATION OF PREAMBLE AND EXHIBITS The Preamble to this Agreement is hereby declared to be the findings of the Parties and said Preamble is fully incorporated herein as if fully set forth in this Section 1. SECTION 2. CITY APPROVAL PROCESS FOR CLIENTS a) For the Company to request that the City approve of a Client, the Company and Client shall submit a written proposal to the City, which proposal shall include the following information: 1) The Client’s name and a description of its business; 2) The Client’s proposed site within the City of DeKalb or a description of the proposed specifications for such site; 3) The Client’s projected number of employees and a description of the nature of operations to be completed at the site; 4) The location of any other Client facilities within the state; 5) A financial forecast including an estimate of likely taxable online sales to be generated, based upon reliable information acceptable to the City; 6) A description of the fashion in which the proposed operation complies with the applicable Illinois statutes and regulations regarding the origin of sales and location where sales taxes are due; and, 7) Such other information as the City shall request. b) The City has sole and exclusive right to accept or reject any retail Client presented by Company, after approval of this Agreement, and has no obligation for any payment unless and until: 1) Company and Client have submitted a written proposal to the City in accordance herewith; 2) The City Council has approved such Client proposal by resolution; 3) The City, Company and Client have entered into a mutually acceptable agreement defining the relationship between the parties which identifies the City as the sole municipality with whom the Client shall contract with, within the State of Illinois, for the term of the agreement; 4) Client has located a qualifying enterprise within the City, has obtained a final certificate of occupancy and commenced operations at such enterprise, and has generated local sales tax revenue from online sales; 5) The City has received such local share of sales tax revenue along with all documentation contemplated herein; and, 6) The City has confirmed that all parties are acting in conformity with the terms of this Agreement and the subsequent three-party agreement. All Client operations contemplated to occur within the City shall fully comply with Illinois Department of Revenue Regulations Title 86, Part 270, Section 270.115 for consummation of sales within City, as amended from time to time. The Parties 2 acknowledge that any sales contemplated for benefits under this Agreement will not include any Client locations that are generally open to the public (otherwise known as brick and mortar facilities), nor from any facility that solicits or permits in-person sales. In the event that Company or Client proposes a hybrid facility offering both online and in-person sales, the facility shall only be subject to approval after acceptance of a mechanism for differentiating between online and in-person sales in the tax returns generated by the facility (with only the former being eligible for potential rebate). SECTION 3. COMPLIANCE WITH APPLICABLE LAWS Client shall conduct all of its activities within City in such a manner that they will at all times comply with the terms and provisions of any and all statutes and regulations issued by IDOR that apply to such activities. Neither Company nor Client shall relocate a business in a fashion that violates Illinois law or regulation, or otherwise take action in contravention of applicable laws. SECTION 4. PROCESS FOR REBATE PAYMENTS A. The parties agree that any disbursements by City to Company shall be based upon: 1) The monthly Illinois Retailers’ Occupation Tax (“Sales Tax”) returns submitted by Company’s Client to the Illinois Department of Revenue (hereinafter “IDOR”), a copy of which shall also be filed with the City on a monthly basis; and, 2) The report provided to City by IDOR (currently provided three times a year) showing sales tax revenues allocated to the City and attributable to Client operations within City from the facility engaged in online, taxable, retail sales. Company shall cause Client to provide the City with Client’s Illinois Business Tax Number (IBT Number) and site location code for all Client facilities located within the City and a delineation of the identity of each such facility. If required by IDOR, Company shall also cause Client to provide an appropriate authorization addressed to and in a form satisfactory to IDOR authorizing IDOR to release to City all gross revenue and Sales Tax information submitted by Client to IDOR. B. Three times per year and after receipt of: 1) the local sales tax revenue; 2) the above-described monthly Client tax return; and, 3) the IDOR-issued report of Client activities from the State, the City shall disburse to Company a negotiated portion of the local share of sales taxes attributable to taxable, online retail sales made within City by Client, which are actually received by the City. C. In the event that any copies of tax returns which have been submitted to City are amended by Client, Company agrees to promptly forward or cause to be 3 forwarded a photocopy of such amended tax returns to the City, clearly identifying them as an amendment of tax returns previously submitted to the City. Any adjustment of rebate payments associated with an amended return shall be made once the prerequisites described in subsection 4(A) above are satisfied relative to the amended return. In the event that an amended return results in a refund or reduction of sales tax liability for Client, the City/Company/Client agreement shall provide for a payment adjustment and refund mechanism whereby the City is made whole for any change in sales tax receipts generated by the amended return. D. Nothing in this Agreement shall be construed to create an obligation or guarantee on the part of Client as to City’s quarterly or yearly distribution amount. SECTION 5. AUDIT – RECONCILIATION Each incentive payment by City to Company shall be accompanied by a statement executed by the City Finance Director or designee, setting forth the calculations of such payment. Company shall have thirty (30) days following the receipt of said payment to notify City in writing of any discrepancy in information contained in said statements or other objection of any form. City will work in good faith with Company to resolve inconsistencies between (1) information contained in IDOR forms submitted to IDOR by Client, and information contained in quarterly or other report provided to City by IDOR showing sales tax allocated to City attributable to Client operations within City. If City agrees that the amounts paid to Company were less or more that the amounts that should have been paid to Company and such discrepancy is due to an error on the part of the City, either City shall pay to Company the balance of such amounts due at the time of the next payment by virtue of a credit or additional payment. If City agrees that the amounts paid to Company were less or more than the amounts that should have been paid to Company and such discrepancy is due to an error on the part of IDOR or any other party, the City shall work with Company and Client to resolve such error, but the City shall not be liable for payment of any sums unless and until IDOR or the third party has corrected the error and the prerequisites of Section 4(A) have been satisfied with regard to any amount paid or withheld in error. SECTION 6. CONFIDENTIALITY The parties acknowledge that the information contained in any tax return and report made by Company’s Client is confidential information proprietary to Company and its Client and agree that to the fullest extent permitted by law, all documents, including tax returns, and information provided to City, its agents and representatives, pursuant to or with regard to the provisions of this Agreement, shall be confidential. If the City receives a request to release such information, the City will make best efforts to advise the company of such requests. The City will release information required by State or local laws and regulations, and will make efforts to redact confidential information 4 prohibited from release. The City may release confidential information when directed by a court of competent jurisdiction or when required by applicable law. SECTION 7. TERM This Agreement will remain in full force for ten (10) years beginning with the Effective Date. This Agreement may be renewed by mutual agreement, and shall terminate if required due to any change in applicable laws or regulations. SECTION 8. REMEDIES In the event of a breach of this Agreement, the Parties agree that the Party alleged to be in breach shall have thirty (30) days after written notice of said breach to correct the same prior to the non-breaching Party’s seeking of any remedy provided for herein. Upon a breach of this Agreement and the following the expiration of the cure period described above, the non-breaching party may take whatever action at law or in equity as may appear necessary or desirable to enforce performance and observance of any obligation set forth in this Agreement. The failure of any Party to insist upon the strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, upon any other Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party’s right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. SECTION 9. LIABILITY The sole source of funds for payments to either Party under this Agreement shall be funds which consist of that portion of the Sales Taxes solely generated from sales by Company’s Client(s) in City which are paid from the Local Governmental Tax Fund to the City, and only to be paid after City receives Local Share from IDOR. Company may not compel any exercise of taxing authority by the City to make payments provided for hereunder. The provisions of this Agreement do not constitute indebtedness or a loan of credit of either Party within the meaning of any constitutional or statutory provision. SECTION 10. APPROPRIATIONS/BUDGET To the extent required by law, for each year during the term of this Agreement, City hereby agrees that it will budget for and appropriate funds necessary to satisfy its obligations hereunder. Such appropriate shall be a part of City’s annual appropriations ordinance, adopted in accordance with 65 ILCS 5/8-11-20, or as a party of City’s annual budget adopted in accordance with 65 ILCS 5/8-11-20, as the case may be. City shall make any appropriation necessary for the year that the Agreement is entered into by means of a supplemental appropriation under 65 ILCS 5/8-11-20, if any is necessary. All references to provisions in 65 ILCS 5/8-11-20 are to provisions as in effect now and as hereafter amended. 5 SECTION 11. DEFENSE AND INDEMNIFICATION A. Covered Claims: Any lawsuit or other legal proceeding which raises a challenge: 1) to the terms of this Agreement or any subsequent agreement between the City, Company and any approved Client that arises by virtue of this Agreement; 2) to the fashion in which sales taxes are calculated, reported, collected or paid by or to any party under this Agreement or subsequent Agreements; 3) to the fashion in which the taxes associated with any transaction or series of transactions are taxed or the identity of the party to whom the local share of such taxes is paid; 4) to the determination or claim as to whether such sales are subject to local sales taxes, state sales taxes, use taxes or any other form of tax associated with the sale of tangible products; or, 5) that otherwise alleges or seeks a judicial or administrative determination that any component of this Agreement or any subsequent agreement between the City, Company and any approved Client is for any reason unlawful, unenforceable or has damaged any party, shall be deemed a Covered Claim. The Parties acknowledge that it is their intention to define Covered Claims in the most expansive fashion permitted by law. B. Defense: Company shall at its sole and exclusive cost, provide legal counsel acceptable to the City and shall defend the City (and its elected officials and employees) from any Covered Claims, without limitation, and shall participate in good faith in such defense. The City shall also participate in good faith in such defense, but shall not be obligated to contribute towards any defense costs, it being acknowledged that the Company shall bear sole responsibility for such costs (subject to the provisions of subsection 12(D) below). No claim shall be settled or compromised without the express, written consent of the City. C. Indemnification: Company shall indemnify and hold harmless the City (and its elected officials and employees) from any Covered Claim or any other claim arising out of or relating to the performance of this Agreement or any subsequent agreement between the City, Company and Client. D. Joint and Several Liability: Any subsequent agreement entered into by the City with Company and an approved Client shall require that the Company and Client jointly and severally undertake the defense and indemnification obligations contemplated herein, without limitation, setoff, or restriction. SECTION 13. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the law of the State of Illinois. SECTION 14. AMENDMENT This Agreement may be amended only by the mutual consent of the Parties, or their successors and assigns, by a written instrument specifically referencing this Agreement. 6 SECTION 15. NOTICES All notices, elections and other communications between the Parties shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or delivered personally, to the Parties at the following addresses, or at such other addresses as the Parties may by notice designate: If to the City: City of DeKalb Attention: City Manager 200 S. Fourth Street DeKalb, Illinois 60115 With copy to: City of DeKalb Attention: Finance Director 200 S. Fourth Street DeKalb, Illinois 60115 And: City of DeKalb Attention: City Clerk 200 S. Fourth Street DeKalb, Illinois 60115 And If Company: Great Lakes Economic Development, LLC Attention: President 3475 Lenox Road, Suite 650 Atlanta, Georgia 30326 Notices shall be deemed received on the fourth business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt or refusal, if personally delivered. SECTION 16. EFFECTIVE DATE This Agreement shall be effective as of the date last of Parties signs. SECTION 17. MUTUAL ASSISTANCE AND CONSENTS The Parties agree to do all things necessary or appropriate to carry out the terms and provision of this Agreement and to aid and assist each other in carrying out the terms of this Agreement. In the event that any Party to this Agreement is required to grant its consent or approval to the other Party to this Agreement in connection with any of the terms and provisions of this Agreement, such consent or approval shall not be unreasonably withheld. 7 SECTION 18. SEVERABILITY If any provision, covenant or portion of this Agreement is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement. SECTION 19. ENTIRE AGREEMENT This Agreement supersedes all prior agreements, negotiations and exhibits and is a full integration of the entire agreement of the Parties. SECTION 20. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the Parties and their successors and assigns. Provided, however, that without the consent of the City, which shall not be unreasonably withheld, Company may not sell, assign or otherwise transfer its interest in this Agreement in whole or in part other than in connection with a transfer of all or part of the business of Company to which it pertains. SECTION 21. APPROVALS The City hereby represents that it has obtained all authorizations and approvals, including, without limitation, the enactment of ordinances and resolutions, if applicable, which are necessary to enable the City to comply with the terms and provisions of this Agreement and perform its obligations hereunder. (SIGNATURE PAGE FOLLOWS) 8 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement this ____ day of October, 2014. City of DeKalb, an Illinois Home Rule Municipal Corporation By: __________________________ Its Mayor ATTEST: ________________________ City Clerk Great Lakes Economic Development, LLC, a Delaware Limited Liability Company By: __________________________ Member By: __________________________ Member 9 Return to Agenda Go To Regular Meeting Agenda