City Council

MINUTES CITY OF DEKALB REGULAR MEETING SEPTEMBER 10, 2018 The City Council of DeKalb, Illinois held a Regular meeting on September 10, 2018, in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Smith called the meeting to order at 6:15 p.m. A. ROLL CALL City Clerk Fazekas called the roll, and the following members of the City Council were present: Alderman David Jacobson, Alderman Bill Finucane, Alderman Michael Marquardt, Alderman Patrick Fagan, Alderman Kate Noreiko, Alderman Michael Verbic, Alderman Tony Faivre, and Mayor Jerry Smith. Also present were: Interim City Manager Molly Talkington, City Attorney Dean Frieders, Interim Assistant City Manager Ray Munch, Police Chief Gene Lowery, Fire Chief Eric Hicks, Community Development Director Jo Ellen Charlton, Public Works Director Tim Holdeman, Information Technology Director Marc Thorson, City Engineer Zac Gill, Principal Planner Dan Olson, Economic Development Planner Jason Michnick, Transportation Planner Brian Dickson, Transit Grant Administrator Sabrina Kuykendall, Management Analyst Patrick DiDiana, City Clerk Lynn Fazekas, Deputy City Clerk Ruth Scott, and Police Officer Keith Ehrke. B. PLEDGE OF ALLEGIANCE Police Officer on Duty Keith Ehrke led the Pledge. C. APPROVAL OF THE AGENDA – ADDITIONS / DELETIONS MOTION Alderman Finucane moved to approve the agenda. Alderman Jacobson seconded. VOTE Council voted to approve the agenda 8-0 on roll call vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: none. D. PUBLIC HEARINGS 1. Proposed Central Business District Tax Increment Financing (TIF). Mayor Smith opened the hearing at 6:17 p.m. Regular Meeting Minutes September 10, 2018 Page 2 of 10 Economic Development Planner Michnick explained that members of the TIF Joint Review Board were still discussing the proposed new TIF district and therefore requesting 30 days more to finalize recommendations for the hearing. MOTION Mayor Smith moved to continue the Public Hearing to the Regular Council meeting on October 8, 2018, which begins 6 p.m. Alderman Finucane seconded. VOTE Motion passed 8-0 on roll call vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: none. At 6:21 p.m., Mayor Smith declared the Public Hearing continued to October 8, 2018. E. SPECIAL ITEMS OR PRESENTATIONS & CITIZEN’S COMMENTS 1. Special Items a. Proudly DeKalb Brad Hoey of Northern Illinois University Athletics discussed the Huskies’ fall schedule. b. Annie Glidden North Revitalization Plan Task Force Update Alderman and Annie Glidden North Liaison Jacobson announced the next full task force meeting and the agenda for it. 2. Presentations a. Kishwaukee YMCA – Camp Power FY2018 Human Services Funding Annual Report by Chief Executive Officer Mark Spiegelhoff. Mr. Spiegelhoff reported on this free summer program for kids. 3. Approval of the Mayor’s Appointments The Mayor made no appointments at this meeting. 4. Public Participation John Anderson spoke about the loss of the landscape waste containers. He said this has resulted in neighbors burning leaves and garden debris more frequently in violation of the city code, and there are no consequences. He suggested a no- burn ordinance except for cooking food. In response to a suggestion from  Regular Meeting Minutes September 10, 2018 Page 3 of 10 Alderman Finucane, Mayor Smith said he would ask the Environmental Commission to discuss the issue. Bessie Chronopoulos talked about accountability in city actions. She gave the examples of the fiber optic cable failure reported two weeks prior, and the current TIF situation, in which someone needs to be held accountable for follow through. F. CONSENT AGENDA – OMNIBUS VOTE MOTION Alderman Fagan moved to strike “with Supplemental Licensure for Video Gaming” from Item 3, Resolution 2018-122. Alderman Verbic seconded the motion to amend. In response to a question from Alderman Jacobson, Attorney Frieders explained that the video games available at Buffalo Wild Wings do not require a license. VOTE Motion carried on 8-0 roll call vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: none. MOTION Alderman Faivre moved to approve the Consent Agenda as amended. Alderman Fagan seconded. 1. Approval of City Council Minutes a. Minutes of the Committee of the Whole Meeting of August 13, 2018. b. Minutes of the Regular City Council Meeting of August 13, 2018. c. Minutes of the Special Committee of the Whole Meeting of August 21, 2018. 2. Receive & File a. Accounts Payable and Payroll through September 10, 2018, in the Amount of $1,714,443.53. 3. Resolution 2018-122 Authorizing the Reissuance of a Restaurant Liquor License with Supplemental Licensure for Video Gaming for Buffalo Wild Wings, Inc., 2466 Sycamore Road. Mayor Smith read the Consent Agenda items as amended. Regular Meeting Minutes September 10, 2018 Page 4 of 10 VOTE Consent Agenda was approved as amended on 8-0 roll call vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Faivre, Smith. Nay: none. G. ITEMS FOR SEPARATE ACTION 1. Ordinance 2018-047 Authorizing a Zoning Map Amendment From the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District, and Approval of a Planned Development Plan for a Home2 Suites by Hilton Hotel (Northern Illinois Hotels, LLC) (Southwest Corner of Knolls Avenue South and South Annie Glidden Road). (First Reading) Mayor Smith read the ordinance by title only. MOTION Alderman Noreiko moved to pass first reading of the ordinance. Alderman Finucane seconded. Principal Planner Olson presented an overview of the proposal and how it has evolved via recommendations from the Planning and Zoning Commission (PZC) and input from the public. He noted that the PZC voted 3-2 in favor of the project at this site. Dawn Flippin, who lives near the proposed site, voiced disapproval of the plan based on concerns about increased traffic, site placement relative to the floodplain and playground, and a buffer zone between the site and neighborhood that she considers inadequate. Jan Gorham, who lives next to the site, expressed concern about the appropriateness of the site and the potential noise. Bessie Chronopoulos complimented Alderman Verbic for holding ward meetings about the project, and the people who went to them. She criticized the traffic study and “profound lack of neutrality on the part of the staff” and said Council should consider the investments homeowners have made. She asked what happens to the property if the hotel doesn’t flourish. George Jaros agreed with issues others had brought up and voiced concern about children’s safety in the park with increased traffic and a transient population nearby. Principal Planner Olson answered Council questions about the traffic study and what could be put on the property if the hotel were to close. He said the park district had no concerns about proximity to the park.  Regular Meeting Minutes September 10, 2018 Page 5 of 10 Applicant Pramit Patel stated the proposed site was the only one approved by Hilton. VOTE Motion passed on First Reading on a 6-2 roll call vote. Aye: Faivre, Finucane, Marquardt, Fagan, Noreiko Smith. Nay: Verbic, Jacobson. MOTION Alderman Finucane moved to waive Second Reading. Alderman Marquardt seconded. VOTE Motion to waive Second Reading (which requires a supermajority to pass) failed on a 5-3 roll call vote. Aye: Finucane, Marquardt, Fagan, Noreiko, Smith. Nay: Jacobson, Verbic, Faivre. 2. Ordinance 2018-048 Amending Chapter 38 “Intoxicating Liquors”, Section 38.09 “Restrictions Generally Applicable.” (First Reading) Mayor Smith read the ordinance by title only. MOTION Alderman Noreiko moved to pass First Reading of the ordinance. Alderman Marquardt seconded. City Attorney Frieders explained a proposal that would permit drive-through liquor stores in the city. He said staff have given the proposal a positive recommendation. VOTE Motion passed on roll call vote of 7-1. Aye: Marquardt, Fagan, Noreiko, Verbic, Faivre, Finucane, Smith. Nay: Jacobson. The Mayor declared the motion passed. Attorney Frieders said applicant was requesting waiver of Second Reading in order that Council could immediately consider related applications for permits. MOTION Alderman Finucane moved to waive Second Reading. Alderman Marquardt seconded. Alderman Verbic asked if Alderman Jacobson would explain his “no” vote on the proposal. Alderman Jacobson said it was because it gives a new business an advantage over existing businesses that have been told “no” for many years. Regular Meeting Minutes September 10, 2018 Page 6 of 10 VOTE Motion passed on 6-2 roll call vote. Aye: Fagan, Noreiko, Faivre, Finucane, Marquardt, Smith. Nay: Verbic, Jacobson. Mayor Smith declared the motion to waive Second Reading passed. 3. Resolution 2018-123 Authorizing a Package Liquor License with Supplemental Drive-Through Licensure for Haymaker Enterprises, 1221 W. Lincoln Highway. Mayor Smith read the resolution by title only. MOTION Alderman Faivre moved to pass the resolution. Alderman Finucane seconded. City Attorney Frieders noted that the applicant will at some point have to obtain certain zoning approvals to complete development of the site, and may involve discussions with the state about whether the road access cut to Route 38, a state highway, may need realignment. VOTE Resolution passed on roll call vote of 8-0. Aye: Noreiko, Verbic, Faivre, Jacobson, Finucane, Marquardt, Fagan, Smith. Nay: none. Mayor Smith declared the motion passed. 4. Resolution 2018-124 Authorizing a Bar Liquor License with Supplemental Licensure for Video Gaming for Haymaker Enterprises, 1221 W. Lincoln Highway. Mayor Smith read the resolution by title only. MOTION Alderman Verbic moved to approve the resolution. Alderman Marquardt seconded. Attorney Frieders noted that this license relates to the second buildout at the Haymaker site, which will have no common areas or facilities with the first (agenda item 3). They will have common ownership as Haymaker subsidiaries. The license won’t go into effect unless Council permits it as an appropriate use under the zoning. VOTE Motion passed on roll call vote of 6-1-1. Aye: Verbic, Finucane, Marquardt, Fagan, Noreiko, Smith. Nay: Faivre. Absent: Jacobson (recusal).  Regular Meeting Minutes September 10, 2018 Page 7 of 10 5. Resolution 2018-125 Authorizing the Award of Bid to Irving Construction Company, Inc. in the Amount of $234,371 for Construction of the DeKalb Sycamore Area Transportation Study Bus Shelter Project with a Not to Exceed Amount of $279,371. Mayor Smith read the resolution by title only. MOTION Alderman Finucane moved to pass the resolution. Alderman Marquardt seconded. City Engineer Gill gave an update on the status of the project. VOTE Resolution passed on roll call vote of 8-0. Aye: Faivre, Jacobson, Finucane, Marquardt, Fagan, Noreiko, Verbic, Smith. Nay: none. Mayor Smith announced that Steve Irving, Principal of Irving Construction and low bidder of this project, has resigned from the city’s Building Code Board of Appeals. 6. Resolution 2018-126 Authorizing the Finance Department to Extend a Line-of- Credit to Provide Payment on Transit Services Provided by the Voluntary Action Center of DeKalb County from July 1, 2018, through July 31, 2018, via the City General Fund in Lieu of Delayed Downstate Operating Assistance Program Grant Funding to Ensure Uninterrupted Public Transit Service Until Grant Funds are Received, for an Additional $179,526.16, for a Total Line-of-Credit Not to Exceed $558,168.51. Mayor Smith read the resolution by title only. MOTION Alderman Finucane moved to pass the resolution. Alderman Noreiko seconded. Transportation Planner Dickson updated the Council on the status of the grant funds reimbursements to the City. VOTE Resolution passed on 7-1 roll call vote. Aye: Jacobson, Finucane, Marquardt, Fagan, Noreiko, Faivre, Smith. Nay: Verbic. Mayor Smith declared the motion passed. 7. Resolution 2018-127 Authorizing an Objection to a Request for a Special Use or the Development, Construction, Operation and Maintenance of a Community Solar Garden Pursuant to DeKalb County Case DK-18-32 on Properties Located on Regular Meeting Minutes September 10, 2018 Page 8 of 10 Twombly Road, Approximately 1,300 Feet West of Annie Glidden Road in DeKalb Township, DeKalb County. Mayor Smith read the resolution by title only. MOTION Alderman Verbic moved to approve the resolution. Alderman Faivre seconded. Community Development Director Charlton explained that while the site lies in an unincorporated section of the County, its proximity to DeKalb boundaries allows the City to participate in the County’s Public Hearing on the project. The main objections are that emergency access is not sufficient to reach all areas of the property, and there’s a need to dedicate a right-of-way for future road-building. Drainage, screening, and fire hydrants are also issues. Director Charlton says that requesting a 60-day continuance of the County hearing would allow her department to work out revisions in the site plan with the applicant. The other options are to do nothing, or simply to object to the project. Brett Robinson represents the property owner. He told Council his client is willing to work with the City but asked that the City work “in lockstep with the County” in order to utilize the County’s established timeline and avoid a 60-day delay, which might mean having to wait until spring to dig and complete the array. Aldermen Fagan, Faivre, Noreiko, Finucane and Jacobson asked additional questions about storm drainage, right of way, eventual removal/replacement of the array, County oversight of conditions there and tenants’ complaints, pros and cons of annexing the property into the City, and whether asking for a 60-day delay to address the issues was reasonable. The Mayor observed that the PZC supports the 60-day authorization. VOTE Resolution passed on 6-2 roll call vote. Aye: Fagan, Noreiko, Verbic, Faivre, Jacobson, Smith. Nay: Finucane, Marquardt. H. NEW OR UNFINISHED BUSINESS 1. Transition to Lakeshore Recycling Systems (LRS) Update. Management Analyst DiDiana, along with Katie Neary and Josh Connell from LRS, reported on the three phases of the transition: Communications, Cart Delivery, and Reconciliation. LRS is now finishing up Reconciliation, which is the process of collecting and fulfilling resident requests for changes in cart types and sizes.  Regular Meeting Minutes September 10, 2018 Page 9 of 10 2. DeKalb County Text Amendments Regulating Wind Energy. Community Development Director Charlton said that in looking over the draft amendments, she and her staff were initially concerned about the distance of setbacks from municipalities, but found that state law has this covered, with a minimum distance of 1-1/2 miles even if DeKalb were to waive the County’s 3-mile setback. The PZC did not make a recommendation. She encouraged people to read the draft. I. REPORTS – COMMUNICATIONS Alderman Jacobson announced that he and Alderman Faivre would conduct a joint “back to school” ward meeting for Wards 1 and 7 and anyone else who would care to attend. Alderman Marquardt reported that the Packers won last night. Alderman Verbic thanked DeKalb Park District for completing some “deferred maintenance” in the 6th Ward. Mayor Smith commented on the TIF issue, acknowledging that some think he is “moving too quickly” in discussions with other taxing bodies but that he is not always able to reach every Council member. He expressed appreciation for the support of the members he’s been able to talk with and promised to continue to do his best to keep everyone “up to speed.” City Clerk Fazekas talked about deadlines and signature requirements for the Consolidated Elections in April 2019. Interim City Manager Munch presented an update on the City Manager search. Fire Chief Hicks announced the Fire Department’s annual 9/11 memorial service. Community Development Director Charlton gave an update on construction of Northwestern’s Wellness Center and expectation of completion in early November. Information Technology Director Thorson announced that information about website workshops in late October will be released soon. J. RECESS FOR EXECUTIVE SESSION OF THE CITY COUNCIL 1. Approval to Hold an Executive Session to Discuss Pending or Imminent Litigation as Provided for in 5 ILCS 120/2(c)(11). Mayor Smith cited the above provision for calling an Executive Session at the request of Attorney Frieders. Regular Meeting Minutes September 10, 2018 Page 10 of 10 MOTION Alderman Verbic moved to hold an Executive Session. Alderman Marquardt seconded. VOTE Motion passed on 8-0 roll call vote. Aye: Noreiko, Verbic, Faivre, Jacobson, Finucane, Marquardt, Fagan, Smith. Nay: none. Mayor Smith declared a recess for Executive Session at 9:33 p.m. K. ADJOURNMENT Regular meeting was re-opened at 10:29 p.m. MOTION Alderman Jacobson moved to adjourn the regular meeting. Alderman Faivre seconded. VOTE Motion to adjourn was passed 8-0 on voice vote. Aye: Noreiko, Verbic, Faivre, Jacobson, Finucane, Marquardt, Fagan, Smith. Nay: none. Mayor Smith declared the meeting adjourned at 10:29 p.m. ________________________________ LYNN A. FAZEKAS, City Clerk Approved by City Council: October 8, 2018.