City Council

MINUTES CITY OF DEKALB CITY COUNCIL COMMITTEE OF THE WHOLE MEETING JANUARY 26, 2015 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, January 26, 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 Deputy City Clerk Ruth Scott 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, Management Analyst Lauren Stott, and Deputy City Clerk Ruth Scott. B. ITEMS ALSO ON THE REGULAR AGENDA None. C. CONSIDERATIONS 1. FY16 Budget Timeline Finance Director Haley presented an overview of the FY16 Budget Timeline with Council. Alderman Jacobson arrived at 5:24 p.m. City Manager Gaura addressed Council stating they should contact Finance Director Haley if there were dates on the timeline that didn’t work with their schedules or if they had any other feedback. Alderman Lash asked if the timeline had been forwarded to the 2015 candidates. Committee of the Whole Meeting January 26, 2015 Page 2 of 4 City Manager Gaura replied that a candidate orientation would take place in February where pertinent documents would be given to the candidates. Mayor Rey asked Council if they had any concerns regarding the scheduled Saturday meeting. There were none. Alderman Naylor asked about the availability of various study results prior to budget discussions. City Manager Gaura replied that a number of studies will be brought before Council during the budget timeline as some require policy decisions. Alderman Naylor asked if the TIF deadline would be discussed. City Manager Gaura stated that TIF issues will be factored into the budget and staff will be asking for key recommendations regarding the TIFs. Alderman Naylor stated he would like to see the information sooner than later. Mayor Rey urged Council to review their calendars and give appropriate feedback as needed. 2. Review of Request for Proposal for a Site Lease Agreement for a Cellular Antenna on the Water Tower at 1216 Market Street Public Works Director Moore provided an overview of this item stating the City was approached by a cellular vendor regarding this water tower and explained to Council what cellular vendors look for when seeking a tower for the installation of a cellular antenna. Mayor Rey asked if there were any existing cellular antennas on this water tower. Public Works Director Moore replied there had been a Sprint antenna but it was removed due to poor reception. Alderman Snow asked about the condition of the water tower. Public Works Director Moore replied that this water tower had recently been painted and the life expectancy was approximately 25 years. Alderman Lash asked if the request for proposal was required because of the location of the water tower or if it was required for all water towers. Public Works Director Moore replied that a request for proposal is needed for any lease within a TIF district. Alderman Lash asked what would happen if the City received more than one proposal and if the tower could support more than one antenna. Public Works Director Moore replied that cellular companies know where their deficiencies are. Because cellular antennas are expensive to install, the cellular companies scope areas prior to reaching out to a municipality. 3. Review of a Request for Proposal for Lease of Units at 330 Grove Street to Social  Committee of the Whole Meeting January 26, 2015 Page 3 of 4 Service Agencies Public Works Director Moore provided an overview of this item explaining that 330 Grove Street is owned by the City and currently houses the Family Service Agency, Youth Service Bureau, and the Voluntary Action Center’s kitchen. The City pays all utilities and charges no rent to the occupants. There is now a vacant unit since Elder Care Services moved to a larger location. A proposal will be forwarded to known social service agencies within the City. One of the requirements will be immediate need. It is anticipated there will be a lot of interest in this unit. Mayor Rey asked if there were additional entrances. Public Works Director Moore replied that each agency had their own entrance. The parking lot serves the entire building. Mayor Rey asked that any subgroups providing services through the current tenants be notified. Alderman Lash asked if a not-for-profit status was required for tenancy. Public Works Director Moore stated it was. Public Works Director Moore stated that recommendations for those meeting the needs of the community as well as those who would work well with the agencies already housed there would be brought before Council. Alderman Lash expressed concern for the current agencies and wanted to ensure that any other agency coming into the building would not be allowed to undercut those already there. Alderman Snow stated he didn’t think the floor plan given was correct as he believes the lunch room extends to the east of the building. It would be awkward for another agency to have to walk through another’s workspace. Further, he would like for those already housed in the building to get first priority. Alderman Finucane stated he wants to make sure none of the current tenants are forced out of the building and wants them to have preference over a new tenant. Public Works Director Moore, City Attorney Frieders, and City Manager Gaura all concurred that wording could be added to the lease ensuring none of the current tenants would be forced out of the building by a new tenant. City Manager Gaura stated that the FY16 Budget will highlight the total support the City gives social services agencies as the true cost of what the City provides isn’t shown. D. RECESS FOR EXECUTIVE SESSION OF THE CITY COUNCIL Committee of the Whole Meeting January 26, 2015 Page 4 of 4 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. E. ADJOURNMENT MOTION Alderman Naylor moved to adjourn the meeting, seconded by Alderman Jacobson. Motion carried on a voice vote. Mayor Rey declared the meeting adjourned at 5:42 p.m. ____________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council February 9, 2015  MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING JANUARY 26, 2015 The City Council of DeKalb, Illinois held a Regular Meeting on Monday, January 26, 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 6:00 p.m. A. ROLL CALL Deputy City Clerk Ruth Scott 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 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, City Engineer John Laskowski, Principal Planner Derek Hiland, Police Commander John Petragallo, Management Analyst Lauren Stott, and Deputy City Clerk Ruth Scott. B. THE PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Police Officer John Loechel. C. APPROVAL OF THE AGENDA – ADDITIONS / DELETIONS MOTION Alderman Finucane 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. Regular Meeting of City Council January 26, 2015 Page 2 of 11 D. PUBLIC HEARINGS 1. Fire Safety Inspections of Commercial Buildings Fire Chief Hicks gave an overview of this item and listed the proposed changes which included community input. Mayor Rey opened the public hearing at 6:15 p.m. Linda Walt stated she appreciated the effort staff was making to work with the stakeholders. However, she’s concerned that the report form (Exhibit A) wasn’t attached to the ordinance. Business owners have the right to know exactly what needs to be done to pass inspection. Ms. Walt also referenced a letter she wrote to Council regarding grandfathering. She feels there are merits to how she wrote it as it was not in the past tense and the language was clearer. Ms. Walt stated she felt having a first reading of the ordinance at this meeting was premature as there was still more work to be done on the ordinance. William Heinisch expressed his appreciation to staff for sitting down with stakeholders at a meeting held earlier that day to discuss the ordinance. Progress was made at the meeting with suggested changes and word clarification. Mr. Heinisch gave an overview of other issues that still need to be addressed such as who will be the designated legal representative and the idea of annual registration. There was a brief discussion between Mayor Rey and Mr. Heinisch regarding the number of meetings requested by the stakeholders with City staff and how many have actually been granted. Ken Anderson stated the changes currently proposed by staff show the ordinance was not ready for first reading as it still needs more work and requested that Council forgo first reading at this meeting. James Mason mentioned the meeting held earlier that day with City staff and the principal parties involved and appreciated the effort that’s been made thus far. However, more time was still needed to review the ordinance. Ted Heise stated he owns two buildings near the airport and feels the City should have information on the tenants as they may be storing items he isn’t aware of or responsible for. Mr. Heise asked if buildings with multiple units would be inspected as one item or if each unit would be inspected. Mayor Rey closed the public hearing at 6:25 p.m.  Regular Meeting of City Council January 26, 2015 Page 3 of 11 E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items a. Presentation of Executive Fire Officer Certificate to Fire Chief Eric Hicks Mayor Rey presented Fire Chief Hicks with the certificate he earned after completing a four-year program through the U.S. Fire Administration’s National Fire Academy Executive Fire Officer Program. This program provides senior fire officers with a broad perspective on various facets of fire and emergency services administration. Fire Chief Hicks thanked Council and staff for their support and listed the projects he worked on during the program, including CodeRED, code enforcement, fire cost recovery, and the purchase of body armor. b. Kiwanis International 100th Anniversary Proclamation Mayor Rey read the proclamation and presented it to the Kiwanis DeKalb Chapter along with Alderman Snow. Mayor Rey thanked both of them for their service to the community. c. Prairie State Legal Services Human Services Funding Annual Report Attorney Kathy Bettcher, managing attorney of the St. Charles office provided Council with an update of legal services provided over the last year to low income citizens and senior citizens in DeKalb, Kane, and Kendall counties. Mayor Rey asked where services are provided in DeKalb. Ms. Bettcher replied services are provided at the Community Outreach Building, Safe Passage and Hope Haven, and that Prairie State works closely with several services agencies in the community. Alderman Naylor asked how many attorneys provide service. Ms. Bettcher replied that there are eight attorneys, two of which live in DeKalb County. Alderman Naylor asked if Prairie State Legal Services works with law students. Ms. Bettcher replied that they work with many. 2. Presentations There were no presentations. 3. Approval of the Mayor’s Appointments Regular Meeting of City Council January 26, 2015 Page 4 of 11 a. Appointment and Swearing in Ceremony of Marcia Sweigert, City Clerk. Alderman Snow motioned to approve the appointment of Marcia Sweigert to City Clerk, seconded by Alderman Naylor. Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent. Baker. Mayor Rey declared the motion passed. Ms. Sweigert was then sworn in as City Clerk by Deputy City Clerk Ruth Scott. 4. Citizens Comments Benjamin Donovan, NIU Student Association Director of Governmental Affairs, spoke to Council regarding bar entry age and provide a statement memo from Joseph Frascello, President of the NIU Student Association. The association feels this topic has received premature judgment and hopes to have an open forum with Council and staff in the near future. F. CONSENT AGENDA – OMNIBUS VOTE Alderman Naylor asked to remove item F.5 from the Consent Agenda. MOTION Alderman Snow moved to approve the Consent Agenda as amended, seconded by Alderman Finucane. Motion carried on voice vote. Mayor Rey declared the motion passed. MOTION Alderman Naylor moved to approve the listings on the Consent Agenda as amended, seconded by Alderman Snow. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. Alderman Finucane asked to clarify an item on the Consent Agenda regarding the Kishwaukee Bike Path and stated the bike path’s name is actually the Kishwaukee Kiwanis Bike Path. 1. Approval of City Council Minutes There were none. 2. Receive & File a. FY15 Accounts Payable through January 27, 2015, in the Amount of $1,527,044.93.  Regular Meeting of City Council January 26, 2015 Page 5 of 11 Received and filed in the Consent Agenda by Omnibus Vote. 3. Resolution 2015-005 Appropriating Motor Fuel Tax Funds in the Amount of $11,600 to fund Engineering and Land Acquisition Services Regarding the Kishwaukee Bike Path. Approved in the Consent Agenda by Omnibus Vote. 4. Resolution 2015-006 Authorizing an Engineering Services Agreement with Hampton, Lenzini, and Renwick, Inc. in the Amount of $11,600 for Engineering and Land Acquisition Services Regarding the Kishwaukee Bike Path. Approved in the Consent Agenda by Omnibus Vote. 6. Resolution 2015-008 Authorizing an Agreement with the Illinois Department of Revenue for the Exchange of Sales Tax Information. Approved in the Consent Agenda by Omnibus Vote. 7. Resolution 2015-009 Entering into an Agreement with DeKalb County Community Gardens for Administration of the Dresser Road Garden Plots. Approved in the Consent Agenda by Omnibus Vote. 5. Resolution 2015-007 Authorizing an Agreement with Sixel Consulting Group, Inc. for the Purpose of Performing an Airport Governance Study in the Amount of $20,000. Mayor Rey read Resolution 2015-007 by title only. MOTION Alderman Naylor motioned to pass Resolution 2015-007, seconded by Alderman O’Leary. Alderman Naylor stated that an item as important as this should include a presentation to Council. Public Works Director Moore responded that he has clarified with the Sixel Consulting Group that a presentation to Council once the study is completed is included in the base price. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. Mayor Rey declared the motion passed. Regular Meeting of City Council January 26, 2015 Page 6 of 11 G. ITEMS FOR SEPARATE ACTION 1. Resolution 2015-010 Authorizing an Amendment to the Agreement with Northern Illinois University Center for Governmental Studies Extending the Multi-Year Strategic Plan Timeline. Diana Robinson of the Center for Governmental Studies provided an overview of the modifications being made to the strategic plan timeline. An impact study was conducted during the summer of 2014, surveying residents of DeKalb County on what matters most to them in their community. As a result, 2,500 citizens responded. However, it was found that the results of the study weren’t valid because most of the responders were Caucasian with a higher income and education level. Therefore, amendments are needed to the scope of the study in order to hear all voices in DeKalb County. Ms. Robinson reviewed the revised timeline with Council. Alderman Lash stated she’d like to see citizen outreach in each ward. Ms. Robinson replied they will find meeting locations within each ward’s community so those citizens feel comfortable. There was a brief discussion regarding accessibility and transportation to ensure all citizens are considered and heard. 2. Ordinance 2015-008 Adding Section 5.16 to the Municipal Code Relating to Fire Safety Inspections of Commercial Buildings. (First Reading) Mayor Rey read Ordinance 2015-008 by title only. City Manager Gaura gave Council an overview of the timeline leading up to this meeting regarding time spent with FOCUS DeKalb and other stakeholders regarding this ordinance. City Manager Gaura stated to Council that City staff has taken this subject very seriously and wants to make it the best product and program available. City Attorney Frieders stated City staff and various stakeholders have had a number of productive meetings and now the fine tuning needed is being done. In regard to the inspection report form, City Attorney Frieders clarified that the form itself is in a computerized format and not required to be codified although it has been provided previously. The inspection report form is approved by Council as are changes to the form. City Attorney Frieders stated that the subject of grandfathering has been challenging and a lot of time has been spent on the subject. The ordinance has a requirement in it that states that any conflict shall be acted upon in good faith with the building owner.  Regular Meeting of City Council January 26, 2015 Page 7 of 11 City Manager Gaura stated that City staff are looking for feedback from Council and asked if there was anything in the ordinance they wanted to see changed. Alderman Lash asked if a problem in one unit of a multiple unit building would affect the entire building. City Attorney Frieders replied it would be on a building- by-building basis at this time. City Attorney Frieders stated that Council should let City staff know if they prefer the inspections done unit-by-unit. City Attorney Frieders added that the original draft of the ordinance included language stating the registration process would include tenant information. However, due to push back from the community, there is no longer a requirement for tenant information making unit-by-unit inspections difficult. A discussion ensured regarding unit-by-unit inspections and language in the ordinance regarding 24-hour key holders. Alderman Snow asked City Attorney Frieders what extent of the changes would be made over the next week. City Attorney Frieders replied that some of the wording in the ordinance would be changed. Alderman O’Leary stated she was concerned that building owners are moving to other communities and wanted to make sure the City wasn’t driving business owners to other communities and thinks that inspections should be done unit-by- unit. MOTION Alderman O’Leary motioned to postpone the first reading of Ordinance 2015-008 to the February 9, 2015 Regular meeting of Council, seconded by Alderman Jacobson. There was a brief discussion regarding license revocation. Alderman Naylor stated he had been following this issue closely and thanked City staff and all contributors for the development of this ordinance. He felt it was necessary to bring the City’s buildings up to standards for the safety of the citizens. Alderman Naylor further stated that he was concerned that there was no fee structure involved with the inspections as similar inspections, e.g. fire life safety, gas stations, etc. have fees associated with them. He feels there was no reason to waive a fee on commercial or industrial buildings when some of these buildings will take some time to inspect. Alderman Naylor also stated that he had concerns regarding proposed incentives, the exemption of home-based businesses, and the extent of the inspection. Will Heinisch stated he appreciated Council’s consideration to postpone the first reading of the ordinance. Regular Meeting of City Council January 26, 2015 Page 8 of 11 VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. 3. Ordinance 2015-009 Directing the Acquisition of the Protano Property from the DeKalb County Trustee. (Waiver of First and Passage on Second Reading) Mayor Rey read Ordinance 2015-009 by title only. MOTION Alderman Naylor motioned to pass Ordinance 2015-009, seconded by Alderman Jacobson. Principal Planner Hiland provided an overview of this item. The property in question is located on S. Fourth Street and was formerly a salvage yard. Given the contamination compounds found throughout the site, a federal or state Brownfield Cleanup Grant has been identified as the best possible course of remediation. City staff recommends purchasing the property from the DeKalb County Trustee so that Brownfield Assessment and Cleanup Grants can be pursued. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. 4. Ordinance 2015-002 Amending Chapter 51 “Traffic,” Section 51.17 “Municipal Parking Lots and Parking Stalls” (Seventh Street Parking Lot Restrictions). (Second Reading) Mayor Rey read Ordinance 2015-002 by title only. MOTION Alderman Jacobson motioned to pass Ordinance 2015-002, seconded by Alderman Finucane. There was no discussion regarding this item. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. 5. Ordinance 2015-010 Amending Chapter 51 “Traffic,” Schedule C “Parking Prohibited” (Echo Park Parking Restrictions). (First Reading) Mayor Rey read Ordinance 2015-010 by title only.  Regular Meeting of City Council January 26, 2015 Page 9 of 11 City Engineer Laskowski provided an overview of the proposed changes to this ordinance. There are four different parking restrictions in the Echo Park area and a 2013 ordinance did not align with the needs of students and residents. Alderman O’Leary stated she agreed with the proposed changes to the ordinance except for the east side of Varsity Blvd. There are apartment buildings there that don’t have enough parking to accommodate all the residents. Alderman O’Leary thinks that parking on the north side of the street should be allowed. There was a brief discussion regarding parking availability on Varsity Blvd. and the parking signs currently erected there. Commander Petragallo stated the goal is to provide safety and quality of life to this neighborhood. Police Chief Lowery stated that some apartments in this area are illegally sublet with several people living in one apartment which then creates parking issues due to a multitude of vehicles. Changing the ordinance will eliminate confusion for students and residents in this area. VOTE Ordinance 2015-010 Received and Filed on a voice vote of 6-0-2. 6. Ordinance 2015-011 Amending Chapter 51 “Traffic,” Schedule C “Parking Prohibited” (Hickory Street Parking Restrictions). (First Reading) Mayor Rey read Ordinance 2015-011 by title only. City Engineer Laskowski stated additional neighborhood outreach was needed regarding this item prior to second reading. VOTE Ordinance 2015-010 Received and Filed on a 6-0-2 roll call vote. Aye: Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Jacobson, Baker. 7. Ordinance 2015-012 Amending Chapter 64 “Smoking Regulations” Regarding Retail Tobacco Stores and School Setback. (First Reading) Mayor Rey read Ordinance 2015-012 by title only. City Attorney Frieders stated this item was being brought before Council after an initial discussion during the January 12, 2015 meeting of Council. Additional options were being proposed which were a matter of policy consideration by Council. Mayor Rey stated he wants to leave the ordinance as written. Regular Meeting of City Council January 26, 2015 Page 10 of 11 Alderman Finucane stated that a 100-foot setback would be best as it was determined that there were only two businesses in the City that a 1,000-foot setback would affect. MOTION Alderman Finucane motioned to Receive and File Ordinance 2015-012 with Option 2, seconded by Alderman O’Leary. Alderman Lash stated she was in favor of the case-by-case basis. Alderman Snow stated a 1,000-foot setback is excessive and is in favor of the 200- foot setback. Alderman Naylor made a motion to amend the setback from 200 feet to 1,000 feet. There was no second. Alderman Naylor stated applications should be on a case-by-case basis. VOTE Motion carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Lash, Snow, Naylor, O’Leary, Rey. Absent: Baker. H. NEW OR UNFINISHED BUSINESS There was none. I. REPORTS – COMMUNICATIONS Mayor Rey read a letter from the Fire Chief of the Sycamore Fire Department extending his appreciation of DeKalb Fire Department’s assistance at two fire calls during the week of January 5, 2015. Alderman Jacobson had no report. Alderman Finucane had no report. Alderman Snow had no report. Alderman Naylor thanked Public Works and the Police Department for assistance on recent sidewalk issues. Alderman O’Leary stated she appreciated all the hard work City staff does. City Attorney Frieders commented on “7/11” law students. City Clerk Sweigert had no report.  Regular Meeting of City Council January 26, 2015 Page 11 of 11 City Manager Gaura had no report. Assistant City Manager Hoppenstedt had no report. Community Development Director Divita stated that a five-year consolidated plan will be presented at the meeting of February 9, 2015. Public Works Director Moore urged everyone to drive carefully due to the winter weather. J. RECESS FOR EXECUTIVE SESSION 1. 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. K. ADJOURNMENT Alderman Jacobson motioned to adjourn the meeting, seconded by Alderman Lash. Mayor Rey declared the meeting adjourned at 8:23 p.m. __________________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council February 9, 2015