City Council

MINUTES CITY OF DEKALB CITY COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 25, 2016 The City Council of DeKalb, Illinois held a Committee of the Whole meeting on July 25, 2016 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Rey called the meeting to order at 5:01 p.m. A. ROLL CALL City Clerk Jennifer Jeep Johnson called the roll, and the following members of the City Council were present: Alderman Bill Finucane, Alderman Michael Marquardt, Alderman Bob Snow, Alderman Kate Noreiko, Alderman Tony Faivre and Mayor John Rey. Alderman Dave Baker arrived at 5:06 p.m. Alderman David Jacobson was absent. Also present were: City Manager Anne Marie Gaura, Assistant City Manager Patty Hoppenstedt, City Attorney Dean Frieders, Police Chief Gene Lowery, Fire Chief Eric Hicks, Community Development Director Ellen Divita, Public Works Director Tim Holdeman, Human Resources Director Cris Randall, City Engineer John Laskowski, Principal Planner Jo Ellen Charlton, Economic Development Planner Jason Michnick, Utilities Superintendent Bryan Faivre, Streets Superintendent Mark Espy, I&T Technician Jeff Birtell, and City Clerk Jennifer Jeep Johnson. B. ITEMS ALSO ON THE REGULAR AGENDA There were none. C. CONSIDERATIONS 1. Emerald Ash Borer Management Program Update. Public Works Director Holdeman provided background on this item, explaining that the purpose of this update was to address Alderman Jacobson’s request. He explained that the Borer is a beetle that feeds on Ash Trees, and there is no known way to address the problem once a tree is infected, or prevent an infestation from occurring. Committee of the Whole Meeting Minutes July 25, 2016 Page 2 of 5 Public Works Director Holdeman provided a map of DeKalb which exhibited to locations of the tress infected with the Emerald Ash Borer (EAB). A plan was developed to reduce the trees infected with EAB, with considerations to reduce community impact. He provided a table which summarized the actions related to the EAB program since 2011. He provided some information on how the program is implemented, and how the trees are most effectively treated. He showed pictures of tress that had successfully been saved through the triage process. Alderman Noreiko asked how long trees survive once they’ve been treated. Streets Superintendent Espy said the treatment is good for three years, and then it’s decided whether or not to continue treatment. He stated that 610 trees are currently being treated, and are all healthy. Alderman Baker provided a history of this issue, and stated his belief that it is important to continue the treatment of the program from a real estate perspective, as trees are tremendous assets. He added that some of the trees are very old, rendering replacement nearly impossible. He wondered whether this would eventually fizzle out on its own, with Streets Superintendent Espy responding that the pressure of the issue has decreased. Mayor Rey inquired as to whether a replacement program has been considered, with Streets Superintendent Espy responding that one is currently in the works, and will be before Council soon. 2. Location Quotient and Employment Statistics. Economic Development Planner Michnick provided background and an overview of the memo given to Council. He explained how this data can be used as an effective recruitment tool for certain industries. He walked the Council through how to read the data, and explained that the City is very comparable to surrounding areas. Economic Development Planner Michnick researched where NIU graduates were going to work after graduation, highlighting that many work in information technology fields. He explained there is data to support the concern that people are choosing not to live within DeKalb, and explained that City staff will be looking at incentives for drawing more people to DeKalb.  Committee of the Whole Meeting Minutes July 25, 2016 Page 3 of 5 Economic Development Planner Michnick explained that there is a high presence of low wage earners, which is something City staff will also be researching. Alderman Faivre asked Economic Development Planner Michnick to clarify whether the data reflected incorporates the student population, with confirmation that it does as it is census data. Economic Development Planner Michnick added that even without the student population being incorporated into the salary data, the overall wage would still be low. Alderman Noreiko explained that Loyola Chicago offers an incentive program to encourage professors and staff members to live close to the University, and suggested that City staff look at this model. Mayor Rey encouraged Council members to speak with the appropriate staff members with ideas. 3. Discussion Regarding City Council Voting Requirements. City Attorney Dean Frieders provided background on this issue, sharing a recent court decision that could potentially impact the direction of the Council. He provided a synopsis of the case out of Crystal Lake, stating that out of a seven member Council, only three voted in favor of the ordinance in question, therefore making the vote improper. The Appellate Court of Illinois stated that since Crystal Lake had adopted Roberts Rules, the vote stands as proper. City Attorney Frieders explained that the same model applies to the City of DeKalb, but that to-date, the instance present in Crystal Lake has never arisen. However, this case has impact on the intention of the Council, and should be taken into consideration by the Aldermen. City Attorney Frieders explained that it is important for the direction and intention of Council to be codified in advance of the issue arising during a vote. Alderman Noreiko asked whether the City’s system of first and second readings provides greater protection, with City Attorney Frieders explaining it does not impact the current system, but could potentially impact the way the votes are taken. Alderman Baker asked how many aldermen constitutes a quorum, with the answer being five (including the Mayor or not). Brief discussion ensued as to tie votes. City Attorney Frieders explained that a tie can occur when the Committee of the Whole Meeting Minutes July 25, 2016 Page 4 of 5 Mayor votes against the majority of the Aldermen. He explained that if five were present, under Roberts Rules, the ordinance could conceivably be passed by three yay votes, which constitutes a majority of a quorum. Alderman Baker expressed he is not comfortable with that being the case, and asked for clarification on when a 3-3 vote occurs, with another alderman absent. City Attorney Frieders explained that the Mayor’s vote would be called as a tie. Different hypothetical scenarios were briefly discussed. City Attorney Frieders explained that if this doesn’t sit well with the Council, they have to provide direction to follow State statute. Alderman Finucane asked for clarification on votes that require a supermajority, with City Attorney Frieders explaining that they speak to alderman then holding office, rather than those present at a particular meeting. Alderman Finucane offered that he’s comfortable with a majority of a quorum being sufficient, as the City’s rules currently provide. Alderman Noreiko agreed, particularly in the interest of moving business forward, and since there is ample opportunity to ascertain the concerns, if any. Alderman Snow offered that if an occurrence ever arose, items could be brought back before Council. He also said that further discussion and consideration is required. Alderman Marquardt offered that he leans toward needing at least four aldermen in favor. Alderman Baker inquired as to whether the aldermen in Crystal Lake are at large, or seated within wards, with the response being that they are at large. He expressed that more time is needed, and the input of Alderman Jacobson is required. D. PUBLIC PARTICIPATION Bessie Chronopoulos suggested that the presentation of the employment statistics be printed, or placed on the website. She offered that there should be at least four people in support of an issue in order to pass important data. She encouraged everyone to do research on the issue, and to take their time to analyze the data.  Committee of the Whole Meeting Minutes July 25, 2016 Page 5 of 5 Michael Haji-Sheikh offered that the FOIA document was two years out of date. He also mentioned that the County has launched an incubator, and that his lab is participating, and invited the City to participate in it as well. E. RECESS FOR EXECUTIVE SESSION OF THE CITY COUNCIL 1. Approval to Hold an Executive Session to Discuss Collective Bargaining as Provided for in 5 ILCS 120/2(c)(2). Not acted upon. 2. Approval to Hold an Executive Session to Discuss Pending or Imminent Litigation as Provided for in 5 ILCS 120/2(c)(11). Not acted upon. F. ADJOURNMENT MOTION Alderman Noreiko moved to adjourn; seconded by Alderman Marquardt. VOTE Motion carried on a 7-0-1 voice vote. Aye: Finucane, Marquardt, Snow, Noreiko, Baker, Faivre, Rey. Nay: None. Absent: Alderman Jacobson. Mayor Rey declared the meeting adjourned at 6:04 p.m. ________________________________ JENNIFER JEEP JOHNSON, City Clerk Approved by City Council August 22, 2016.