City Council

MINUTES CITY OF DEKALB COMMITTEE OF THE WHOLE OCTOBER 23, 2017 The City Council of DeKalb, Illinois held a Committee of the Whole meeting on October 23, 2017, in the City Council Chambers of the DeKalb Municipal Building, 200 S. Fourth Street, DeKalb, Illinois. Mayor Smith called the meeting to order at 5:00 p.m. A. ROLL CALL Deputy City Clerk Scott called the roll, and the following members of the City Council were present: Alderman Bill Finucane, Alderman Mike Marquardt, Alderman Pat Fagan, Alderman Kate Noreiko, Alderman Mike Verbic, and Mayor Jerry Smith. Alderman Tony Faivre arrived at 5:03 p.m. Alderman David Jacobson arrived at 5:08 p.m. Also present were: Acting City Manager/Community Development Director Jo Ellen Charlton, City Attorney Dean Frieders, Finance Director Molly Talkington, Deputy Police Chief John Petragallo, Fire Chief Eric Hicks, Public Works Director Tim Holdeman, Information Technology Director Marc Thorson, Human Resources Director Cris Randall, Economic Development Planner Jason Michnick, Management Analyst Patrick DiDiana, and Deputy City Clerk Ruth Scott. B. ITEMS ALSO ON THE REGULAR AGENDA There were none. C. CONSIDERATIONS 1. Outdoor Smoking Regulations. Mayor Smith stated that discussion regarding this item was requested by Alderman Jacobson and Alderman Verbic. Community Development Director Charlton began her presentation by reiterating Mayor Smith’s comments, and further stating that the Aldermen asked City staff to compare the City’s Code to the state regulations to see if there’s interest on behalf of the Council to reconsider a 2014 Ordinance that approved and regulated additional restrictions on outdoor smoking on outdoor patios and bars. Community Development Director Charlton continued, stating that the State of Illinois has regulations on indoor smoking. Working closely with the Citizens’ Environmental Commission in 2014, the City decided to adopt additional restrictions that would carry some of the indoor restrictions to the outdoor patio areas for restaurants and bars. Committee of the Whole Meeting Minutes October 23, 2017 Page 2 of 5 Community Development Director Charlton stated there are two bodies of the state that have regulations with regard to outdoor smoking. Applying both the state law and the Illinois Department of Public Health (IDPH) regulations, it’s unlawful to smoke within 15 feet of any door, openable window or ventilation intake area of any bar or restaurant, or in any area where the smoke drifts into the regulated areas. That drifting language is very subjective and can be utilized well beyond those boundaries. She added that one of the things that’s a benefit to DeKalb for having the restrictions in place is that it gets rid of any grey area in determining how far that drift occurs. Community Development Director Charlton concluded her presentation by stating that if there is a recommendation from Council to reconsider the current Code, that those discussions start with the CEC since they spent a great deal of time in 2014 talking about this issue. Alderman Verbic stated that he wanted to bring forward this discussion on behalf of business owners and patrons who ask why DeKalb is different from surrounding communities when it comes to this issue and why we differ from the state language. He stated that it’s in the interest of the business owner to determine how to best run their business and up to the patron to decide whether or not to visit a particular business for one reason or another. Alderman Finucane stated that both the original no-smoking ordinance and patio no- smoking ordinance originated out of the CEC. Further, the City’s original no-smoking ordinance preceded the state’s. He continued, stating that even though it’s outdoors, there’s still a danger of patrons and employees being subjected to second hand smoke. Alderman Finucane stated that one of the concerns from last time this topic was discussed was how the business’ receipts were going to be impacted and noted that the staff memo prepared for this meeting stated that in the statement in the memo that the tax receipts have not had any identifiable decline because of the smoke ordinance. Alderman Finucane indicated he is in favor of not making any changes to the current Code regarding this issue. Alderman Faivre stated that times have changed to where it is almost anticipated that most places will be non-smoking. While he doesn’t have anything against smoking, he thinks it would be very difficult to change the restrictions as they are today based on society’s perception of smoking. Mayor Smith stated that it’s difficult to section off any part of a patio to create smoking or non-smoking sections, especially with wind changes. Alderman Jacobson stated that he’s had conversations with business owners, inside and outside his ward, who have expressed frustrations with the enforcement of ordinance. He indicated that public safety is also an issue because those who smoke have to go into busy parking lots to smoke, some getting hurt in the process by passing vehicles.  Committee of the Whole Meeting Minutes October 23, 2017 Page 3 of 5 Business owners also feel that they’re losing revenue to surrounding communities that don’t have the type of restrictions that DeKalb does. There was discussion between Alderman Finucane and Alderman Jacobson about business patrons who have gone to parking lots to smoke getting hurt. Alderman Finucane indicated he had not heard of any such incidences. Alderman Jacobson stated that he’s talked to managers of two establishments who have indicated that it’s a problem. Alderman Finucane asked Deputy Police Chief Petragallo if he had heard of any such incidences, who indicated he had not. Alderman Noreiko made reference to Alderman Jacobson’s comments regarding patrons who elect to go outside the community to smoke due to the no-smoking restrictions. She stated that she would be curious to know how many people who don’t want to be subjected to secondhand smoke now feel more comfortable going to establishments because of the no-smoking restrictions, and perhaps that’s provided more opportunities for businesses. Alderman Fagan commented that it’s hard to say what’s right and what’s wrong in this situation. He asked City Attorney Frieders if a patio area was opened to smoking, would a patron still have to be 15 feet away from the door. City Attorney Frieders replied that in the absence of the local regulation on patios, in Sycamore, if a patron is on the patio but within 15 feet of a door, openable window or ventilation intake, that are not permitted to smoke. Alderman Fagan further commented that it would still limit the space on patios if you have to maintain the 15 feet. He agreed that there are two sides to every story and would be open to further conversation on the subject. In response to Alderman Noreiko’s comments, Alderman Jacobson stated that he agrees that there should be space for smokers and non-smokers. However, space is provided in establishments for non-smokers, but not for smokers. He feels it’s not only discriminatory to smokers but also to the business owners who want to provide space for their smoking patrons. It’s a detriment to businesses for the City to go above and beyond the state law, and also goes against the business friendly atmosphere the City has been working towards. Referencing an article from the Daily Chronicle, Alderman Jacobson continued, stating that while he appreciates that there are those who don’t like second-hand smoke, overwhelming most think it’s a silly restriction and shouldn’t exist. The few that spoke out against smoking are anti-smoking, not just second-hand smoke. He wondered what those citizens would think of the City Council if they were told they couldn’t enter a premises because they were non-smokers and were told to stand in the parking lot. Discussion ensued. Committee of the Whole Meeting Minutes October 23, 2017 Page 4 of 5 There was brief discussion between Alderman Faivre and Alderman Jacobson regarding DeKalb’s smoking regulations and the state’s regulations. Discussion ensued. Mayor Smith asked Council for a consensus on whether or not this item should be returned to the CEC for their input. Alderman Marquardt offered that he thought that patios were extension of building and were smoke free and offered his opinion on the current restrictions. Consensus was that this item would be returned to the CEC for further recommendation at a later date. D. PUBLIC PARTICIPATION There was none. E. RECESS FOR EXECUTIVE SESSION OF THE CITY COUNCIL 1. Approval to Hold an Executive Session to Discuss the Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5). The following citation was added: 2. Approval to Hold an Executive Session to Discuss Personnel as Provided for in 5 ILCS 120/2(c)(1). MOTION Alderman Fagan motioned to hold an Executive Session; seconded by Alderman Faivre. VOTE Motion carried on an 8-0 roll call vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: None. Mayor Smith declared the motion passed. Mayor Smith closed the meeting to the public at 5:28 p.m. Mayor Smith opened the meeting to the public at 5:59 p.m. F. ADJOURNMENT MOTION Alderman Jacobson moved to adjourn the meeting; seconded by Alderman Faivre.  Committee of the Whole Meeting Minutes October 23, 2017 Page 5 of 5 VOTE Motion carried by an 8-0 voice vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: None. Mayor Smith declared the motion passed and adjourned the Committee of the Whole meeting at 5:59 p.m. _____________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council: November 27, 2017.