City Council
Regular MeetingDeKalb, IL · September 13, 2021
Minutes
MINUTES
CITY OF DEKALB
REGULAR CITY COUNCIL MEETING
SEPTEMBER 13, 2021
The City Council of DeKalb, Illinois held a Regular meeting on September 13, 2021, in the
Yusunas Meeting Room of the DeKalb Public Library, 309 Oak Street, DeKalb, Illinois.
A. CALL TO ORDER AND ROLL CALL
Mayor Barnes called the meeting to order at 6:00 p.m.
City Clerk Sasha Cohen called the roll, and the following members of City Council were present:
Alderman Carolyn Morris, Alderman Barb Larson, Alderman Tracy Smith, Alderman Greg Perkins,
Alderman Scott McAdams, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Cohen
Barnes.
Others in attendance were: City Manager Bill Nicklas and City Attorney Matt Rose.
B. PLEDGE OF ALLEGIANCE
Mayor Barnes asked Earnell Brown to lead the Pledge of Allegiance.
C. APPROVAL OF THE AGENDA
MOTION: Alderman Verbic moved to approve the agenda; seconded by Alderman Faivre.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
D. PUBLIC PARTICIPATION
There was none.
E. PRESENTATIONS
There were none.
F. APPOINTMENTS
There were none.
G. CONSENT AGENDA
MOTION: Alderman McAdams moved to remove item G.3. “Minutes of the Special City Council
Meeting of September 1, 2021” from the Consent Agenda; seconded by Alderman Smith.
Mayor Barnes clarified that item G.3. was being removed from the Consent Agenda because
Alderman McAdams was marked as absent in the minutes when he was actually in attendance.
Mayor Barnes asked the City Clerk to make the necessary corrections and submit them to Council
at a later date for approval.
There was no further discussion.
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September 13, 2021
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VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
Mayor Barnes read the following Consent Agenda items in their entirety:
1. Minutes of the Regular City Council Meeting of June 28, 2021.
2. Minutes of the Regular City Council Meeting of July 12, 2021.
3. Minutes of the Special City Council Meeting of September 1, 2021.
4. Accounts Payable and Payroll through September 13, 2021, in the Amount of
$3,333,145.29.
MOTION: Alderman McAdams moved to approve the Consent Agenda as amended; seconded
by Alderman Perkins.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
H. PUBLIC HEARINGS
There were none scheduled.
I. CONSIDERATIONS
Mayor Barnes read the following title for the record:
1. Consideration of the 2020 Census Impact on the City Ward Map.
MOTION: Alderman Morris moved to bring this item to the floor for discussion; seconded by
Alderman Faivre.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating the State of Illinois requires the City to have political wards that are
essentially equal in population. The 2020 Census results indicate the current population of DeKalb
to be 40,290, with a loss of approximately 3,805 citizens when compared with the 2010 Census,
with most of the population loss from Ward 6.
Alderman Verbic asked if the redistricting was something that only happens every 10 years or
could something be done if there was dramatic growth within the next five years or so. City
Manager Nicklas replied that something could be done, but typically it’s done with the outcome of
the Census. There would be additional steps to take to make changes.
City Attorney Rose indicated the City is required by law to redistricting adjustments every 10 years
within a certain period of time after the Census.
Alderman Verbic reiterated his question, and City Attorney Rose stated that changes could be
made if there was growth.
City Manager Nicklas commented that if Council felt the 2020 Census didn’t capture the true
population of DeKalb, a proposition could be brought forward, which would identify the cost of a
special Census.
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September 13, 2021
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Mayor Barnes stated he recently met with the Mayor of Naperville, noting they’ll be organizing a
special Census in order to acquire numbers from a project that’s under development, which will
be coming on the (tax) rolls within the next year.
City Manager Nicklas stated this item will be brought back in ordinance form for further action if
Council consensus is that what is proposed is reasonable and fair.
Addressing Council members, Mayor Barnes stated if they feel strongly about maintaining the
current numbers in their wards, now would be the time to express that.
Alderman Morris noted acknowledged that some of the shifts in the first ward are more logical.
City Manager Nicklas thanked Planning Technician/GIS Specialist Doug Eaton for his work on
the revised ward map.
There was no further discussion
J. RESOLUTIONS
1. Resolution 2021-080 Repealing Resolution 2021-075 and Authorizing an Agreement with
DeKalb Corn Classic and Kishwaukee Sunrise Rotary Club for the 2021 DeKalb Corn
Classic 5k/10k and Taste of DeKalb Events on September 26, 2021.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Smith.
Mayor Barnes indicated this item was being brought before Council so he can recuse himself from
the vote due to his participation and involvement in the Corn Classic event.
Alderman Morris asked if she should also recuse herself since she is a member of the Sunrise
Rotary Club. City Attorney Rose indicated she should.
VOTE: The roll call vote resulted in the following: Aye: Larson, Smith, Perkins, McAdams, Verbic,
Faivre. Nay: None. Recused: Morris, Barnes.
Following the roll call vote, City Attorney Rose stated he assumed Alderman Morris was an officer
of the Sunrise Rotary Club, but if she isn’t she doesn’t have to recuse herself. She indicated she
was not.
City Clerk Cohen then called for Alderman Morris’ vote, in which she stated “yes”. Therefore, the
correct roll call vote is as follows:
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre. Nay: None. Recused: Barnes. Mayor Barnes declared the motion passed.
2. Resolution 2021-081 Authorizing a Payment to the DeKalb County Community Foundation
on Behalf of the DeKalb Municipal Band for Services Beginning January 1, 2021, through
December 31, 2021, in the Amount of $41,088.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Smith moved to approve the resolution; seconded by Alderman Faivre.
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September 13, 2021
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City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating this comes before Council for a couple of reasons, the first being that the
amount budgeted is beyond his spending authority. Secondly, over the years, Council has urged
the municipal band and its executive director to establish its 501(c)3, however, they’ve been
unsuccessful due to their relationship with the City. Therefore, the best way for them to establish
method for private fundraising alternatives was to create a passthrough fund with the DeKalb
County Community Foundation. City Manager Nicklas recommended approval.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
3. Resolution 2021-082 Authorizing the Purchase of One Single-Axle Utility Vehicle through
Rush Truck Center in an Amount Not to Exceed $204,035.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Perkins.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating this is a key vehicle in the Public Works Department as it carries an array
of special equipment used on water main breaks, service line, valve, and hydrant repairs. He
further stated that the purchase of the vehicle will be paid for through the Water Capital Fund.
There was no further discussion. Mayor Barnes commented on the need for this equipment.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
4. Resolution 2021-083 Authorizing the Award of a Construction Services Contract to Curran
Contracting Company in the Amount of $1,736,419.37 for Illinois Route 23 and Gurler Road
Improvements, with Staff Authority to Approve Change Orders Up to a Combined Project
Total Not to Exceed $1,866,650.
Mayor Barnes read the resolution by title only.
MOTION: Alderman McAdams moved to approve the resolution; seconded by Alderman Morris.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating the City has been pursuing these improvements since late spring of 2020.
Thanks City Engineer Zac Gill, the City has received a grant from the Illinois Department of
Transportation (IDOT) through its Economic Development Program. Staff is hoping to get going
on this project by at least installing a temporary signal for the winter. City Manager Nicklas also
stated that change order approval is requested in case the unforeseen may occur, and
recommended Council approval.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
5. Resolution 2021-084 Authorizing an Agreement with Ferrara Candy Company for their Role
in Economic Development Program Responsibilities.
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September 13, 2021
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Mayor Barnes read the resolution by title only.
MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman McAdams.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating this item, as well as the next, are related to Resolution 2021-083. He
stated this agreement will formalize Ferrara’s agreement to pay the difference between the current
contracting price and the state grant. Approval is recommended.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
6. Resolution 2021-085 Authorizing an Intergovernmental Agreement with DeKalb Township
Road District Regarding the Design, Construction, Ownership and Maintenance of Gurler
Road at the Intersection of Illinois Route 23.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Faivre.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating this item is similar to others when there’s an overlap of jurisdiction between
the City and the DeKalb Township Road District. This item calls the District’s support for the
portion of the work that falls within their jurisdiction and indemnifies them for any failures by the
City or private contractors working on the project. Approval is recommended.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
K. ORDINANCES – SECOND READING
There were none.
L. ORDINANCES – FIRST READING
1. Ordinance 2021-037 Amending The Fiscal Year-End December 31, 2021, Budget as it
Pertains to the American Rescue Plan Fund (Fund 110).
Mayor Barnes read the ordinance by title only.
MOTION: Alderman Faivre moved to approve first reading of the ordinance; seconded by
Alderman McAdams.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating there have been a lot of changes occurring from a fiscal standpoint this
year for the good. The City has committed $1,185,000 for the acquisition of the Hunter Hillcrest
property and when the American Recover Plan Fund 110 was established, we still hadn’t received
the appraisal but proceeded to commit to purchase the building. This item is brought forward to
account for the acquisition with more precision. Approval is recommended.
There was no further discussion.
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September 13, 2021
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VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
MOTION: Alderman Morris moved to waive second reading of the ordinance and approve;
seconded by Alderman Larson.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
2. Ordinance 2021-038 Authorizing a Zoning Map Amendment from the “SFR2” Single Family
Residential District to the “PD-R” Planned Development Residential District and an
Amendment to Ordinance 2018-068 for the Property Located at 1221 Sycamore Road
(Adventure Works).
Mayor Barnes read the ordinance by title only.
MOTION: Alderman Smith moved to approve first reading of the ordinance; seconded by
Alderman Morris.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating Adventure Works has recently acquired the lot next door to their property
in order to continue providing services to the community and allow for the expansion of their
outdoor activities area. This item has been vetted by the Planning and Zoning Commission and
they approve. City Council approval is recommended.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
MOTION: Alderman Verbic moved to waive second reading and approve; seconded by Alderman
Smith.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
3. Ordinance 2021-039 Approving the Preliminary and Final Plat of Subdivision for CST
Subdivision along Harvestore Drive (CST Industries, Inc.).
Mayor Barnes read the ordinance by title only.
MOTION: Alderman Faivre moved to approve first reading of the ordinance; seconded by
Alderman Perkins.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, stating the petitioner is requesting approval of a three-lot subdivision plat located
along Harvestore Drive, which will create some natural lot lines and create a 13.4-acre lot. The
petitioner has been approached by other businesses regarding the sale of the property in the
past. The three-lot 13.4-acre subdivision will allow them to sell its excess land to one or more
interested parties if the occasion should arise again. The Planning and Zoning Commission has
vetted this request and approves. City Council approval is recommended.
There was no further discussion.
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September 13, 2021
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VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
MOTION: Alderman Morris moved to waive second reading of the ordinance and approve;
seconded by Alderman Faivre.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
At this point in the meeting, Mayor Barnes asked if public participation should be allowed prior to
the discussion of an item. City Attorney Rose confirmed it should.
4. Ordinance 2021-040 Amending the City of DeKalb Municipal Code by Adding a New
Chapter 46 “Citizen Police Review Board”.
Mayor Barnes read the ordinance by title only.
MOTION: Alderman McAdams moved to approve first reading of the ordinance; seconded by
Alderman Verbic.
Speaking as a public participant, Sasha Cohen provided his opinion regarding the proposed
ordinance, by first stating he commends Council for instituting an external review of complaints.
He then provided Council with a concern he has regarding the proposed board’s inabilities to
make recommendations without having to filter them through the Police Chief. His second concern
falls on the requirement that the board only open investigations into complaints if the complainant
is willing to publicly attach their name with no mechanism for private discussion. He urged Council
to review the ordinance and to see if there could be a way to protect the privacy of those who feel
they’ve been victimized.
Earnell Brown provided his opinion regarding the proposed ordinance, stating he believes the
mechanism of a joint decision between the board and the Police Chief would suffice because the
decision can’t be made by the Police Chief without consideration or input from the board.
However, he couldn’t agree with allowing the Police Chief the single authority to make a decision
after the board’s recommendation. Continuing, Mr. Brown stated that it’s important to build
community trust and allow the community a way to be involved in the process of discipline and
understanding policy change. Mr. Brown further stated that discussions within the community
indicate the proposed ordinance is a good thing. Lastly, he thinks it goes hand in hand with crime
reduction if there are police officers and community members working together to reduce crime
and encouraged Council to make every effort to build trust between the Police Department and
community.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet, noting changes that have been made to the proposed ordinance since it was first
brought forward to Council on August 9, 2021. He further stated that that since that meeting,
there’s been a lot of discussion among local community groups. The Human Relations
Commission (HRC) has also reviewed the proposed ordinance and consensus was support of
what had been presented to Council, with the urge to open the selection process board of
members widely as possible.
City Manager Nicklas continued, stating that discussion regarding this item has been ongoing,
which included further discussion with Police Chief Byrd, who has also had internal discussions
with his department. From these discussions it was thought to be more effective to require the
Police Chief to consult with the board once an internal investigation is complete and before making
any recommendation for discipline; that is now written into the ordinance.
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September 13, 2021
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Another addition provides for an informal public hearing for citizen complaints in public session.
Citizens can still bring confidential complaints to the Police Chief or Fire and Police Commission,
the proposed board will only hear signed and written complains since their findings and
recommendation will publicly bear on a Police Officer’s career and professional standing.
It was recommended that Council approve only first reading of this ordinance so it can be held
over in case there are others who haven’t had a chance to review it.
Alderman Morris stated the comments made by the public at this meeting were valuable. She
noted she has been in communication with some of the groups who have been working on this
item who have expressed their satisfaction with some of the changes made. However, the primary
problem that remains is that it appears the board has no real recourse in the event of a
disagreement.
City Manager Nicklas stated it’s an advisory body, so it doesn’t have a decision-making role and
no fiduciary responsibility.
Alderman Morris stated she agrees that there needs to be some “teeth” given to the proposed
board but understands how it would become problematic if boards, commissions, and committees
appointed by the Mayor were given the power to make decisions, for example, the termination of
the Police Chief. She feels there should be a solution to the issue, but she isn’t sure what that
solution is.
City Manager Nicklas stated the City currently has 14 boards, commissions, and commissions,
with some of them statutorily required, that provide guidance and support to Council in a number
of subjects. However, Council shouldn’t give away its elected authority under local ordinances
and state law.
Alderman Perkins stated ultimately the Council is the “teeth” and the proposed board will be no
different than any other board, commission or committee that assembles information and brings
recommendations to Council; to go any further than that would essentially give Council’s
responsibility to another entity. He further stated that this is quite a large first step a great starting
point. He encouraged all to remember it’s not a destination, it’s a journey.
Alderman Larson stated she believes the proposed board will provide clarity to what happened in
certain situations. The proposed board will come up with the best picture of what happened, why
it happened, and what caused it to happen so that when the people who have the “teeth” will have
the clearest unbiased picture.
Alderman McAdams stated from a constitutional standpoint, the sixth amendment provides
anyone accused of a crime the knowledge of who their accuser is and the nature of the
accusations, so we don’t have a right under the constitution to protect someone making an
accusation anonymously.
Alderman Verbic agreed with Alderman Perkins, stating Council is the accountable body for
overseeing the process. He then stated it would be good to know what type of information would
be reported to Council and in what manner so it can properly think through, research, and do the
due diligence its elected to do.
Alderman Faivre stated he has received several emails and been involved in discussions within
the community members who think the changes made are acceptable. His understanding of the
proposed board was that they were going to look at a situation, review available information and
policies and if changes need to be made to those policies, Council is the forum to have that
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September 13, 2021
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discussion. He further stated that this is where we get better and citizens get to review the
procedures, review the situation, and understand what’s happening and make recommendations.
Alderman Smith stated he’s had discussion with the City Attorney regarding the protection of
victims. He went on to state there may be court proceedings tied to these incidences that could
be jeopardized by our proceedings. He feels we should proceed very graciously and cautiously.
The victim should be protected as much as possible.
Alderman Morris stated she appreciates Alderman Perkins’ comments that this is just the
beginning of a new journey. She hoes we can move forward with the proposed ordinance and
continue to look at ways it can be improved.
Mayor Barnes thanked City Manager Nicklas and Police Chief Byrd for their work on this item.
He’s seen the item evolve and community input change and that result is what’s before Council
now. He also thanked the City Manager and Police Chief for being open to ideas from the
community and figuring out ways to bring those forward.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
M. REPORTS AND COMMUNICATIONS
1. Council Member Reports.
Alderman Larson thanked every department within the City for helping put on a great Corn Fest.
Alderman Smith congratulated the City on the swearing in of only the second female firefighter in
DeKalb’s history, and the only one on staff at this time.
Alderman Perkins said he was happy to see progress with regard to the demolition of the former
city hall building.
Alderman Verbic thanked the residents and business owners for reaching out with topics for the
next Ward 6 meeting, which will occur sometime in the fall after Council receives the results of
the proposed redistricting.
Alderman Faivre encouraged citizens to attend the upcoming Corn Classic and Taste of DeKalb
event. He also stated that during the recent public safety meeting in Ward 1 the one question that
was asked the most was “what can I do to help the community”. In response, Alderman Faivre
stated that one of the things that can be done is to take care of your community by picking up
trash in your neighborhoods and parks.
Mayor Barnes reported that he and Alderman Larson met with City Manager Nicklas recently to
discuss video gaming in DeKalb. He stated that as a result of that meeting, City Manager Nicklas
will be bringing forward a revision to the ordinance that covers video gaming, which will put a
moratorium on additional terminals.
In response, Alderman Verbic stated he looks forward to that discussion. He also stated that the
annual terminal fees the City charges should be revisited.
Mayor Barnes reported on the 9/11 ceremony held at Northern Illinois University and how proud
he was to see the number of people who attended. He thanked NIU for hosting the event and
thanked the Daily Chronicle for their fantastic coverage.
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September 13, 2021
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Mayor Barnes further reported that he recently met with the Mayor of Naperville to discuss ideas
and insight into DeKalb.
Mayor Barnes commented on the parties taking place on Blackhawk Road, which brings 300-500
people out at a time on the property formerly known as Campus Cinema. He thanked the Trash
Squirrels group for coming out and picking up the large amounts of garbage left behind after those
gatherings and thanked the DeKalb Police Department and NIU Police Department for keeping
an eye on those parties so that they’re uneventful.
Mayor Barnes stated that all Council members should be assigned to a board, commission, or
committee, and to let him know if they’re not.
Mayor Barnes reported that an AGN meeting was held last week and it was a phenomenal
meeting and another step towards building more relationships and bridges within the community.
Mayor Barnes stated he was at the swearing in of the Firefighter Faivre. He noted she is the only
female firefighter. He recommended that Council attend the swearing in ceremonies if possible.
Finally, Mayor Barnes agreed that Corn Fest was a huge hit. The restaurants were crushed with
business. He commended City Manager Nicklas the idea of moving everything to the middle of
the street. City Manager Nicklas replied that the thanks should go to Public Works Director of
Streets and Facilities Andy Raih’s because it was his idea. He also noted that the downtown
businesses benefited from the change and Corn Fest was just a nicer festival because of it.
2. City Manager Report.
City Manager Nicklas reported that the City will be receiving a SAFER (Staffing for Adequate Fire
and Emergency Response) grant from the federal government, which will cover the base salaries
and benefit package of new firefighters over the next three years. He noted that the City was one
of four in the entire country to receive the grant and thanked Fire Chief Jeff McMaster, Deputy
Fire Chief Bart Gilmore, and Fire Lieutenant Noah Millard for their hard work on the grant
application.
N. EXECUTIVE SESSION
There was none.
O. ADJOURNMENT
MOTION: Alderman Smith moved to adjourn the meeting; seconded by Alderman Faivre.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams,
Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed and adjourned the
meeting at 7:11 p.m.
Respectfully submitted,
______________________________
Ruth A. Scott, Executive Assistant
Minutes approved by the City Council on November 22, 2021.
Click here to view the agenda packet for the September 13, 2021, Regular City Council meeting.
Click here to view the video recording of the September 13, 2021, Regular City Council meeting.
Agenda
DEKALB CITY COUNCIL AGENDA
REGULAR MEETING
SEPTEMBER 13, 2021
6:00 P.M.
DeKalb Public Library
Yusunas Meeting Room
309 Oak Street
DeKalb, Illinois 60115
COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this
meeting in-person with a physically present quorum that is open to the public and in
compliance with all applicable public health requirements. All persons attending this
meeting shall be required to wear protective face masks/coverings in accordance with
Governor JB Pritzker’s Executive Order 2021-20 dated August 26, 2021.
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF THE AGENDA
D. PUBLIC PARTICIPATION
E. PRESENTATIONS
None.
F. APPOINTMENTS
None.
G. CONSENT AGENDA
1. Minutes of the Regular City Council Meeting of June 28, 2021.
2. Minutes of the Regular City Council Meeting of July 12, 2021.
3. Minutes of the Special City Council Meeting of September 1, 2021.
4. Accounts Payable and Payroll through September 13, 2021, in the Amount of
$3,333,145.29.
H. PUBLIC HEARINGS
None.
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
September 13, 2021
Page 2 of 9
I. CONSIDERATIONS
1. Consideration of the 2020 Census Impact on the City Ward Map.
City Manager’s Summary: The State of Illinois requires a city’s political wards to be
nearly equal in population (65 ILCS 5/3.1-20-25(a)). The impact of the 2020 census
count and local housing development since the 2010 decennial census invite a closer
look at the distribution of population across the City’s seven wards.
The 2020 Census set the current DeKalb population at 40,290 or a loss of 3,805
persons from 2010 (-8.6%). Most of the population was lost in Ward 6 (-2,060) as
shown in the table below:
Redistrict Actual
Difference % Difference
2010 2020
Ward 1 6,307 5,769 (538) -8.53%
Ward 2 6,353 6,064 (289) -4.55%
Ward 3 6,202 5,955 (247) -3.98%
Ward 4 6,261 6,370 109 1.74%
Ward 5 6,160 5,731 (429) -6.96%
Ward 6 6,237 4,177 (2,060) -33.03%
Ward 7 6,575 6,224 (351) -5.34%
Total 44,095 40,290 (3,805) -8.63%
If the populations of all seven wards were divided equally, they would average 5,756.
The challenge is always to take into account the general prescription of the state
legislature while recognizing that a “perfect” distribution would require ward lines in the
middle of city blocks and awkwardly laying across natural and infrastructure barriers.
Doug Eaton, the City’s Planning Technician and GIS specialist, has developed the
proposed map that is included in the Agenda background. If this re-districting were
adopted, the new ward map would have the following general population distribution:
Actual Redistrict Difference
Difference
2020 2020 from 5,756
Ward 1 5,769 5,831 62 75
Ward 2 6,064 5,894 (170) 138
Ward 3 5,955 5,932 (23) 176
Ward 4 6,370 5,651 (719) (105)
Ward 5 5,731 5,729 (2) (27)
Ward 6 4,177 5,858 1,681 102
Ward 7 6,224 5,395 (829) (361)
Total 40,290 40,290 -
City Council direction is recommended. (click here for additional information)
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
September 13, 2021
Page 3 of 9
J. RESOLUTIONS
1. Resolution 2021-080 Repealing Resolution 2021-075 and Authorizing an
Agreement with DeKalb Corn Classic and Kishwaukee Sunrise Rotary Club for
the 2021 DeKalb Corn Classic 5k/10k and Taste of DeKalb Events on September
26, 2021.
City Manager’s Summary: Resolution 2021-075 was approved by the City Council on
August 23, 2021, by a vote of 7-0. Although no City financial support was voted as part
of the Resolution, the fact that the Mayor is a member of the DeKalb Corn Classic
board requires that he abstain from the vote on the Resolution. The City Council is
therefore asked to repeal the affirmative vote of August 23 and, with the Mayor’s
abstention, proceed to a new vote on the attached resolution.
As the background in the August 23 Council agenda explained, the DeKalb Corn
Classic is a popular event in the DeKalb community and draws larger crowds every
year to the downtown business district. In September 2018, the Corn Classic partnered
with the Kishwaukee Sunrise Rotary Club to conduct the Corn Classic in coordination
with the inaugural Taste of DeKalb. This year, the parties want to coordinate the two
events again, with the closure of Van Buer Plaza for the Taste of DeKalb and the
temporary closure of a number of streets for the Corn Classic.
The DeKalb Corn Classic and DeKalb Sunrise Rotary Club event organizers have
requested the waiver of all fees. City Council approval is recommended. (click here
for additional information)
2. Resolution 2021-081 Authorizing a Payment to the DeKalb County Community
Foundation on Behalf of the DeKalb Municipal Band for Services Beginning
January 1, 2021, through December 31, 2021, in the Amount of $41,088.
City Manager’s Summary: The Legislative budget in the City’s FY2021 Annual Budget
contains an allocation of $41,088 for the DeKalb Municipal Band, the longest
continuously serving municipal band in the State of Illinois. According to Kirk
Lundbeck, the Band’s conductor and executive director, the Band has established a
pass-through fund with the DeKalb County Community Foundation to encourage
private donations as well. Going forward, this pass-through fund will be the vessel for
annual contributions – either public or private. The City’s FY2021 contribution will
retroactively cover the expenses of the band during the summer of 2021.
City Council approval is recommended. (click here for additional information)
3. Resolution 2021-082 Authorizing the Purchase of One Single-Axle Utility Vehicle
through Rush Truck Center in an Amount Not to Exceed $204,035.
City Manager’s Summary: The FY2021 Water Capital Fund (Fund 620) budgeted
$200,000 for a new single axle utility vehicle, which is the most important vehicle in
the Utility department’s fleet. It carries an array of special equipment used on main
breaks, service line repairs, valve repairs and hydrant repairs. The truck carries
hydraulic pumps, compressors, invertors, and light towers as well as an array of parts
that can be used in any weather, any time of the day.
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Regular Meeting Agenda
September 13, 2021
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The City budget anticipates an outright purchase, rather than a lease purchase
(GL#620-00-00-87000) to replace the current 2003 utility vehicle. Although vehicles of
this unique description are not specified in the Illinois state purchase system, the City
staff have worked with a discount finder service – Sourcewell – to locate a vehicle with
the requisite specifications at a competitive price. The lowest-priced, fully-loaded
vehicle in our market area was offered by Rush Truck Center of Huntley, IL. Rush
Truck will provide the International chassis and work with Sauber Manufacturing of
Virgil, IL on the box and appurtenances. The lowest competitive price totaled
$204,035. The slight difference above the budgeted number is owing to current
constraints and higher costs on the supply side of the specialty features on this truck.
With an expected delay in receiving delivery of the fully-loaded truck until mid-2022,
the actual budget claim will fall against the FY22 Budget.
City Council approval is recommended to secure this important fleet
replacement vehicle. (click here for additional information)
4. Resolution 2021-083 Authorizing the Award of a Construction Services Contract
to Curran Contracting Company in the Amount of $1,736,419.37 for Illinois Route
23 and Gurler Road Improvements, with Staff Authority to Approve Change
Orders Up to a Combined Project Total Not to Exceed $1,866,650.
City Manager’s Summary: As City Engineer Zac Gill explains in the attached staff
memorandum, the development of the Ferrara Candy Company logistical site has
required significant upgrades to the design and layout of the intersection of Gurler
Road at State Route 23 (S. Fourth Street). This upgrade takes into consideration not
only the significant widening needed for truck turns and maneuvers, but full
signalization to provide safe and efficient movement of all motorists through the area.
The excavation, drainage, and pavement work are to be completed this Fall, with final
signalization finished this Winter (n.b.: there is a five-month lead time on signal
components owing to supply chain issues).
The project is substantially funded through a grant of $1.49 million from the Illinois
Department of Transportation Economic Development Program (EDP), which rewards
job creation or retention in the State of Illinois. Any amount over the grant cap of $1.49
million is to be covered by the sponsored job creator, Ferrara Candy Company.
The plans were taken to bid on August 30 of this year. Two bids were received:
Company Name Base Bid
William Charles Const. $1,815,129.48
Curran Contracting, Inc. $1,736,419.37
The City Engineer recommends the award of the contract as bid to Curran Contracting
Company. Additionally, City Engineer Gill recommends a contingency of
approximately 7.5% in the event the significant widening encounters poor soils,
unusual drainage challenges, unforeseen utility conflicts, etc.
City Council approval of the Curran bid of $1,736,419.37 and an additional
contingency up to $130,231 is recommended. (click here for additional information)
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Regular Meeting Agenda
September 13, 2021
Page 5 of 9
5. Resolution 2021-084 Authorizing an Agreement with Ferrara Candy Company
for their Role in Economic Development Program Responsibilities.
City Manager’s Summary: The commitment by the Ferrara Candy Company to
construct a 1.22 million square foot logistical center and a 468,000 square foot
packaging center on Gurler Road prompted an extensive review of potential traffic
impacts involving Krusinski Construction Company, the Illinois Department of
Transportation, and City Engineer Zac Gill. As a result of their collaborative analysis,
it was concluded that the intersection at Gurler Road and IL Rt. 23 needed to be
substantially upgraded with turn lanes, wide turn radii to accommodate large truck
movements, and full signalization to provide safe and efficient movement of all
motorists through the area.
To help underwrite the significant costs of these upgrades, the Ferrara Candy
Company applied for $1.49 million through the Illinois Department of Transportation
Economic Development Program to support the project. By IDOT protocols, the City
of DeKalb acts as the EDP grantee for the sponsored company, and this requires an
agreement with Ferrara to protect the financial interests of the City. By the terms of
the attached agreement, Ferrara funds all portions of construction and engineering
over the EDP award amount (in this case, an estimated $500,000 of additional private
funding), and any penalties from the State should the company fail to create the
promised jobs or fail to properly report those jobs to the State’s satisfaction. Ultimately,
the City acts as a pass-through agency for funding and contract management.
Paul Borek, executive director of the DeKalb County Economic Development
Corporation, has confirmed that Ferrara exceeded the Enterprise Zone job
requirements. Between the two buildings, the Company currently employs over 500
persons.
City Council approval is recommended. (click here for additional information)
6. Resolution 2021-085 Authorizing an Intergovernmental Agreement with DeKalb
Township Road District Regarding the Design, Construction, Ownership and
Maintenance of Gurler Road at the Intersection of Illinois Route 23.
City Manager’s Summary: The intersection improvements planned for IL Rt. 23 and
Gurler Road fall partly within the Road District’s jurisdiction. The attached resolution
invites the District’s support for that portion of the work which falls within Township
jurisdiction, and indemnifies the District for any failures by the City or private
contractors working on the project. The resolution is patterned after similar enactments
affecting other intersections where the City and the Township have collaborated over
the past several years.
City Council approval is recommended. (click here for additional information)
K. ORDINANCES – SECOND READING
None.
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September 13, 2021
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L. ORDINANCES – FIRST READING
1. Ordinance 2021-037 Amending The Fiscal Year-End December 31, 2021, Budget
as it Pertains to the American Rescue Plan Fund (Fund 110).
City Manager’s Summary: On July 12 (Ordinance 2021-023), the City Council created
a new fund (Fund 110) in the City’s financial software to provide the shell for tracking
future revenues and expenditures associated with the American Rescue Plan. The
allocation for “Land Acquisition Services” (Line Item 110-00-00-63650) anticipated the
potential but then unknown acquisition cost for the Hunter Hillcrest property in the
amount of $1,000,000. On August 23 (Ordinance 2021-035), the Council unanimously
approved a purchase and sale agreement for the Hunter Hillcrest property (1011-1027
Hillcrest Drive) in the amount of $1,185,000 based on a certified appraisal by Valu
Pros of Byron, IL. To account for the financial acquisition with more precision, the
following revisions are recommended for the FY2021 Budget for Fund 110:
Fund 110: ARP Fund
FY2021 Proposed
Expenditure Difference
Budget Revision
110-00-00-63650 Land Acquisition $1,000,000 $1,200,000 +$200,000
110-00-00-63700 Developmental Services $500,000 $300,000 -$200,000
Net Difference $0.00
City Council approval is recommended. (click here for additional information)
2. Ordinance 2021-038 Authorizing a Zoning Map Amendment from the “SFR2”
Single Family Residential District to the “PD-R” Planned Development
Residential District and an Amendment to Ordinance 2018-068 for the Property
Located at 1221 Sycamore Road (Adventure Works).
City Manager’s Summary: Adventure Works of DeKalb County, Inc., represented by
new Executive Director Katie Watts, has submitted a petition to rezone the property at
1221 Sycamore Road from the “SFR2” Single-Family Residential District to the “PD-
R” Planned Development Residential District. The petitioner is also requesting an
amendment to Ordinance 2018-068 to allow for the expansion of the Adventure Works
outdoor activities area along Sycamore Road to the vacant lot at 1221 Sycamore
Road. The petitioner bought the vacant lot in December 2019 and had the dilapidated
home on it demolished. The PD-R zoning will match the zoning currently on the
Adventure Works properties at 1211 and 1215 Sycamore Road.
The proposed amendment to Ordinance 2018-068 would include the subject site within
the restrictions of the 2018 ordinance that governed future use. The 2018 ordinance
restricts uses on the site to a counseling center as well as any incidental and accessory
uses (e.g., an elements course). There was once an apartment unit on the second
level of the building, which was allowed to continue in the 2018 Ordinance; however,
the apartment has been converted to offices. Adventure Works does not intend to re-
establish a dwelling unit in the building and the recommendation is to prohibit any
future dwelling units on the property. The Ordinance also contains a condition that
requires the property’s appearance and character to remain substantially consistent
with a single-family residential look.
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Regular Meeting Agenda
September 13, 2021
Page 7 of 9
Finally, the petitioner is also seeking approval of a waiver to the Unified Development
Ordinance for a Planned Development of less than two acres. The subject site is 0.17
acres. The lot will be combined with two other lots owned by Adventure Works, which
will result in a total of 1.15 acres. A waiver to this requirement has been approved
several times before and most recently with the rezoning requests at 304 N. 10th
Street and 1221 W. Lincoln Highway.
The DeKalb Planning and Zoning Commission considered the rezoning and related
requests at its regular meeting on September 7. By a vote of 5 to 0, the Commission
recommended the Council’s approval.
The welcome intent of the petitioner is to tidy up various zoning “loose ends” and
establish a unified development plan for its several small parcels. City Council
approval of the Planning and Zoning Commission’s recommendation is
requested. (click here for additional information)
3. Ordinance 2021-039 Approving the Preliminary and Final Plat of Subdivision for
CST Subdivision along Harvestore Drive (CST Industries, Inc.).
City Manager’s Summary: As Principal Planner Dan Olson writes in his background
memorandum, CST Industries, Inc. (CST Storage) is requesting approval of a three-
lot subdivision plat located along Harvestore Drive. CST Storage has excess land
between their building and Harvestore Drive that is not being utilized. In the past, CST
has been approached by other businesses regarding the sale of the property. The
three-lot 13.4-acre subdivision will allow CST to sell its excess land to one or more
interested parties.
The proposed Lot 1 is 2.85 acres and located at the far western portion of the
subdivision. Lot 2 is 9.07 acres and Lot 3 is a 1.35-acre stormwater detention pond.
Roadway access will be from Harvestore Drive and a 50-foot ingress and egress
easement is shown on the plat over the existing private drive to allow access to the
remainder of the CST property.
The Planning and Zoning Commission discussed the proposed plat at their regular
meeting on September 7. By a vote of 5 to 0, the Commission recommended approval
of the Preliminary and Final Plat of CST Subdivision.
City Council approval of the Planning & Zoning Commission recommendation
is requested. (click here for additional information)
4. Ordinance 2021-040 Amending the City of DeKalb Municipal Code by Adding a
New Chapter 46, “Citizen Police Review Board.”
City Manager’s Summary: On August 9, the City Council considered and supported
the City Manager’s draft outline of a Civilian Police Review Board with two basic
purposes:
to ensure professional accountability on the part of duly sworn officers serving the
DeKalb Police Department; and
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Regular Meeting Agenda
September 13, 2021
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to invite transparency which promotes greater trust and understanding with respect
to law enforcement training, practices, and procedures.
The draft that was shared with the Council on August 9 had previously been shared
with a variety of community groups, local law enforcement leaders, local social justice
activists, and the Human Relations Commission (on August 3). The Commission
recommended a broad solicitation of community candidates and stressed the
importance of upfront training for Board members including ride-alongs with patrol
officers, participation in simulation training, participation in implicit bias and de-
escalation training, and a working knowledge of the Police Department Standards of
Conduct before active work on the Review Board ensued.
The attached ordinance contains several additional features to allow for more
transparency, so it was brought back before the Human Relations Commission
on September 7. Specifically, the attached ordinance
requires the Chief of Police to consult with the Board once the internal
investigation is complete and before making any recommendation for
discipline; and
provides for an informal public hearing of citizen complaints in public session.
While citizens may still bring confidential complaints to the Chief of Police or
Fire and Police Commission, the Citizen Review Board will only hear signed
and written complaints since their findings and recommendation will publicly
bear on a Police Officer’s career and professional standing.
At its September 7 meeting, the Human Relations Commission considered the
attached ordinance. After discussion, Commission chair Joe Gastiger polled the
Commission which supported the draft ordinance without dissent.
The following summary details the main provisions of the proposed ordinance:
a) Use of Force Cases. Use of Force investigations may involve parallel criminal and
administrative paths. With respect to the administrative path whose focus would
be whether an Officer’s actions were in violation of DeKalb Police Department
policies and procedures, the Chief of Police shall consult with the Board once
the internal investigation is complete and before making any
recommendation for discipline. In its deliberation, the Board shall have access
to all materials and evidence pertinent to a particular case including, but not limited
to, the following:
Police dashboard camera footage;
Police body camera footage;
Footage from cameras on site or near the location where a particular incident
occurred;
Forensic reports;
Police case files; and
Written or recorded witness accounts.
The Board’s deliberations with respect to a potential Use of Force violation by a
particular DeKalb Officer may be prompted by a citizen complaint. To assure that
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Regular Meeting Agenda
September 13, 2021
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knowingly false information does not confuse or disrupt the Commission’s work or
unfairly jeopardize a Police officer’s professional standing in the community, such
complaints shall be written and signed, and subject to legal review in the event the
complaint was knowingly unfounded.
If the Chief of Police concludes, after deliberation with the Board, that
discipline for a violation of the Department’s Use of Force policies and
procedures is merited, and proceeds to impose that discipline, the Chief’s
findings, Board recommendation, and discipline shall become a part of the
City’s public records and such records shall be retained according to the
Local Records Act (50 ILCS 205/1, et seq.).
b) Consideration of Citizen Complaints. The Board may choose to consider written
and signed citizen complaints about the conduct or performance of a DeKalb
Police officer. As noted above, anonymous complaints will not be considered.
A majority of a quorum of the Board is needed to proceed with the investigation
of a citizen complaint against a sworn officer.
The Board shall consider all complaints in public session. The Board will not have
the authority to enter into confidential or caucus discussions with the complainant
or individual parties.
Complaints shall be sent in writing to the Board which shall determine when the
complaint will be heard, with the expectation that there will be adequate time for
any written complaint and any written response from the impacted Police Officer
to be thoughtfully considered prior to the convening of the Board’s informal
inquiry.
The Board’s judgment regarding a complaint shall be advisory only, and any
Board recommendation shall be made to the Chief of Police.
c) Monitoring of Police Training. The Board shall monitor the DeKalb Police
Department’s compliance with the training mandates of Public Act 101-0652 and
shall be given quarterly reports from the Chief of Police regarding the status of the
department’s compliance efforts.
City Council approval on first reading only is recommended. (click here for
additional information)
M. REPORTS AND COMMUNICATIONS
1. Council Member Reports.
2. City Manager Report.
N. EXECUTIVE SESSION
None.
O. ADJOURNMENT
REGULAR AGENDA PACKET – SEPTEMBER 13, 2021
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