City Council

MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2015 The City Council of DeKalb, Illinois held a Regular Meeting on Monday, September 28, 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 6:07 p.m. A. ROLL CALL City Clerk Jennifer Jeep Johnson called the roll, with the following members of the City Council present: Alderman Dave Jacobson, Alderman Bill Finucane, Alderman Michael Marquardt, Alderman Bob Snow, Alderman Kate Noreiko, and Mayor John Rey. Alderman Monica O’Leary was absent. Also present were: Acting City Manager Patty Hoppenstedt, City Attorney Dean Frieders, Finance Director Cathy Haley, Police Chief Gene Lowery, Fire Chief Eric Hicks, Community Development Director Ellen Divita, Principal Planner Derek Hiland, Utilities Superintendent Bryan Faivre, Management Analyst Lauren Stott, and City Clerk Jennifer Jeep Johnson. Mayor Rey read communication from Alderman O’Leary, wherein she stated she is resigning her post, and that she will send an official letter to that affect Friday. B. PLEDGE OF ALLEGIANCE Officer Sadie Pristave led the Pledge of Allegiance. C. APPROVAL OF THE AGENDA—ADDITIONS/DELETIONS MOTION Alderman Jacobson motioned to approve the agenda; seconded by Alderman Finucane VOTE Carried on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. D. PUBLIC HEARINGS Mayor Rey read a statement regarding public participation during the meetings, encouraging that rules and procedures are followed in order to ensure safety. He stated that Sergeant at Arms Police Chief Lowery will enforce the rules, and violators will be removed. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items Regular Meeting of City Council September 28, 2015 Page 2 of 8 a. Proudly DeKalb i. $15,000 Byrne Grant Award from the Department of Justice for the Purchase of Specialized Police Equipment. Chief Lowery provided background information on the grant, stating that the non-matching grant will be used to help address technology needs. He also mentioned Officer Jursich’s role in helping a young woman whose dress was stolen prior to her homecoming dance. He paid for her meal, and drove her to the dance. Chief Lowery offered this story as a testament to DeKalb’s police force. ii. Burger King Project Presentation by John Kayser, Vice President of Development for Cave Enterprises Operations, LLC. Mr. Kayser provided background information on the renovation project, and thanked Community Development Director Divita and Principal Planner Hiland for their efforts, stating that the project was smooth, and went well. He offered the history of the Burger King building in DeKalb, as well as the design history of Burger Kings. He commented on the significance of the location of the property, and thanked the City. 2. Presentations a. DeKalb Chamber of Commerce Annual Report by Executive Director Matt Duffy. Mr. Duffy provided the annual report from the Chamber of Commerce including the successful events they have hosted, and plan to host. He highlighted the downtown shopping events, community events, and new website. 3. Approval of the Mayor’s Appointments a. Appointment of Ronald Partch to Fill a Vacancy on the Finance Advisory Committee through June 30, 2018. MOTION Alderman Finucane moved to vote on the appointment; seconded by Alderman Noreiko VOTE Motion passed on a 7-0-1 voice vote. Mayor Rey declared the motion passed. b. Appointment of Christine Scholl to the Building Board of Appeals for a Five Year Term from October 1, 2015 through June 30, 2020. Regular Meeting of City Council September 28, 2015 Page 3 of 8 MOTION Alderman Marquardt moved to consider the appointment; seconded by Alderman Finucane. VOTE Motion passed on a 7-0-1 voice vote. Mayor Rey declared the motion passed. c. Reappointment of Steve Irving to the Building Board of Appeals for Four Year Term from July 1, 2015 through June 30, 2019. MOTION Alderman Noreiko moved to consider the appointment; seconded by Alderman Snow. VOTE Motion passed on a 7-0-1 voice vote. Mayor Rey declared the motion passed. d. Reappointment of Chuck Sheppard to the Building Board of Appeals for a Five Year Term from July 1, 2015 through June 30, 2020. MOTION Alderman Snow moved to consider the appointment; seconded by Alderman Marquardt. VOTE Motion passed on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Mayor Rey declared the motion passed. 4. Public Participation Chuck Shepard of Shepard Construction provided an update on the activity of the Building Board of Appeals, and explained that they are 12 years behind, or four code cycles. He offered the backgrounds of the members of the board, and recommended: 1) approval of appointments; 2) that the document they produce be examined closely; and 3) that code review should be on a three year cycle. Misty Haji-Sheikh provided a hand-out to the Council, detailing her opinion that a violation of State Ethics Law, and the City of DeKalb’s Municipal Code occurred when Mayor Rey attended a football game on September 14, 2013. She also stated her belief that both City staff and City Council members have been unprofessional. Mayor Rey refuted that NIU paid for his hotel room. Jim Mason stated his opinion that the City acted improperly during the course of the University Village rezoning issue. He says that he lost his appointment to the Board of Regents as a result of the mishandling, and that he has yet to make up his mind which course of action his pending lawsuit against the City should take. Regular Meeting of City Council September 28, 2015 Page 4 of 8 Alderman Baker inquired as to whether or not people had to take an ethics test to serve. He expressed concern over different situations that he feels have perhaps violated OMA, and urged Council to revisit the ethics rules. He addressed some problems with ethical violations, as he sees them. F. CONSENT AGENDA – OMNIBUS VOTE The Mayor removed the following items from consent agenda: F1, F3, and F4. 1. Receive & File a. Accounts Payable and Payroll through September 28, 2015 in the Amount of $1,709,100.12. MOTION Alderman Snow moved to approve the agenda; seconded by Alderman Marquardt VOTE Motion passed on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. G. ITEMS FOR SEPARATE ACTION 1. Approval of City Council Minutes a. Minutes of the Committee of the Whole – Joint City Council and Finance Advisory Committee Meeting of September 14, 2015. Mayor Rey stated a correction to the minutes. MOTION Alderman Marquardt motioned to approve the minutes, as corrected; seconded by Alderman Noreiko. VOTE Motion passed on a 7-0-1 voice vote. Mayor Rey declared the motion passed. 2. Resolution 2015-112 Authorizing a Funding Agreement with the DeKalb Chamber of Commerce in an Amount Not to Exceed $45,000 for the Purpose of Facilitating Community Events During FY2016. Community Development Director Divita provided background information on the delay in the Chamber report, stating they were approached by some concerned merchants seeking clarification on the role of the Chamber. She explained the proposed changes to the agreement, stating that over the next year, they would review and identify any changes for coming years. Regular Meeting of City Council September 28, 2015 Page 5 of 8 MOTION Alderman Finucane moved to consider Resolution 2015-112; seconded by Alderman Marquardt. VOTE Motion passed on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. 3. Resolution 2015-113 Authorizing a Tax Increment Financing (TIF) Agreement with Stage Coach Players, Inc. in an Amount Not to Exceed $217,452 for the Purpose of Financing a FY2016 Forgivable Loan for the Property Located at 126 South Fifth Street. Community Development Director Divita provided background information on the resolution, explaining that staff is recommending including an additional $25,000 for paving and landscaping, conceiving a possible increase of up to $20,000 as needed. She detailed some of the proposed area reinvestments. Alderman Noreiko inquired as to whether the City was approached by any organizations for TIF funds, with Community Development Director Divita stating that they get requests all the time, but they ask the organizations to detail where the gap in their budgeting is occurring. Alderman Noreiko stated that she is struggling with the large percentage increase over the initial investment, and wanted to make sure that other organizations weren’t going to be left out. Alderman Snow relayed information from a conference, stating the importance of the following for employers considering relocation to a town: 1) a website; and 2) the appearance of the Downtown area (including entertainment areas) when they examine the quality of life for employees, when they consider relocation. He stated his support. MOTION Alderman Snow motioned to consider Resolution 2015-113; seconded by Alderman Noreiko. VOTE Motion passed on a 6-1-0 roll call vote. Aye: Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Nay: Jacobson. Absent: O’Leary. Mayor Rey declared the motion passed. 4. Ordinance 2015-038 Approving a Special Use Permit for a Co-Location of Verizon Wireless Cellular Communications Equipment on the AT&T Tower at 1500 South Seventh Street. (Second Reading) Principal Planner Hiland offered to answer any questions. Regular Meeting of City Council September 28, 2015 Page 6 of 8 Mayor Rey asked about any special caveats within the agreement, and Principal Planner Hiland indicated that progress has already been made on three of the five requirements mentioned at the previous meeting. MOTION Alderman Finucane motioned to consider Ordinance 2015-038; seconded by Alderman Marquardt. VOTE Motion passed on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. 5. Ordinance 2015-039 Approving a Map Amendment, Preliminary Plan and Final Plan Allowing Chipotle Mexican Grill Located at 2383 Sycamore Road to Have an Outdoor Patio. (Second Reading) Principal Planner Hiland provided background information on the proposed resolution, clarifying that there will not be a fence, as no alcohol sales are contemplated in this location. Alderman Baker inquired as to whether smoking would be permitted on the patio, with Attorney Frieders saying that under current city code smoking is not permitted on any patios. MOTION Alderman Noreiko motioned to consider Ordinance 2015-039, seconded by Alderman Marquardt. VOTE Motion passed on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. H. NEW OR UNFINISHED BUSINESS I. REPORTS-- COMMUNICATIONS Alderman Jacobson, regarding IML conference, encouraged all members to participate, stating there is value in the conference. He added that the conference allowed for an opportunity to see what’s going on outside of DeKalb, highlighting some of the good ideas he saw to improve communities. He stressed the importance of leadership and commitment on the part of the Council. He said that the conference was eye-opening in terms of best practices, stating that DeKalb has every opportunity to turn around. He said that DeKalb needs to get hard to work, and start leading. Alderman Finucane had no report. Alderman Marquardt had no report. Regular Meeting of City Council September 28, 2015 Page 7 of 8 Alderman Snow provided some background on the IML conference, sharing some of the highlights and opportunities. He stated that he believes we are improving. Alderman Noreiko shared some of the sessions she attended at the IML conference. She echoed Alderman Jacobson’s sentiments on the positive networking opportunities. She reiterated sentiment from Pope Francis, encouraging law makers to work together for the common good. Alderman Baker stated his shock over Alderman O’Leary’s contemplated resignation, and encouraged her not to resign, or be intimidated. Mayor Rey wanted to acknowledge a comment from the Chief of Police in Sycamore regarding multi-jurisdictional response, stating that he’s never seen one go as smoothly. Mayor Rey thanked Chief Lowery. City Attorney Frieders explained that he would not respond to some of the statements made during the meeting unless directed by Council; this despite inaccuracies that may have been stated during the unilateral disclosure of privileged information this evening. Clerk Johnson echoed the sentiments of the aldermen regarding the value of the IML conference, and thanked the City for allowing her to participate. Chief Hicks mentioned that an open house pancake breakfast will be hosted Sunday, October 4, 2015. Finance Director Haley stated that the audits being conducted will return next month. Community Development Director Divita provided an update for requests for proposals, stating that requests for permits are almost up to 2006 levels. Utilities Superintendent Faivre offered his thanks for patience regarding the construction progress. 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 Collective Bargaining as Provided for in 5 ILCS 120/2(c)(2). MOTION Alderman Jacobson moved to hold Executive Session; seconded by Alderman Marquardt. VOTE Motion passed on a 7-0-1 roll call vote. Aye: Jacobson, Finucane, Marquardt, Snow, Noreiko, Baker, Rey. Absent: O’Leary. Mayor Rey declared the motion passed. Mayor Rey adjourned into Executive Session at 7:35 p.m. Regular Meeting of City Council September 28, 2015 Page 8 of 8 MOTION Alderman Baker moved to close Executive Session; seconded by Alderman Marquardt. VOTE Motion carried on a 7-0-1 voice vote. Mayor Rey declared the motion passed. K. ADJOURNMENT MOTION Alderman Finucane moved to close the Regular Meeting of City Council; seconded by Alderman Jacobson. VOTE Motion carried on a 7-0-1 voice vote. Mayor Rey declared the motion passed. Mayor Rey closed the meeting at 8:31 p.m. __________________________________________ JENNIFER JEEP JOHNSON, City Clerk Approved by Council: October 12, 2015