City Council
Regular MeetingDeKalb, IL · February 28, 2022
Minutes
MINUTES
CITY OF DEKALB
REGULAR CITY COUNCIL MEETING
FEBRUARY 28, 2022
The City Council of DeKalb, Illinois held a Regular meeting on February 28, 2022, 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 Greg Perkins, Alderman Scott
McAdams, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Cohen Barnes. Alderman
Tracy Smith was absent.
Other in attendance included City Manager Bill Nicklas and City Attorney Matt Rose.
B. PLEDGE OF ALLEGIANCE
Citizen Shadow Gentry led the Pledge of Allegiance.
C. APPROVAL OF THE AGENDA
MOTION: Alderman Verbic moved to approve the agenda; seconded by Alderman McAdams.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
D. PRESENTATIONS
1. DeKalb Public Library FY2021 Annual Report.
Library Director Emily Faulkner provided a report on the activities of the library during 2021.
Alderman Faivre thanked Ms. Faulkner for the services provided at the library, especially the
offering of large print books, which was helpful to his mother during the COVID shutdown.
Referring to a portion of the report regarding the number of teenagers in the library after school
hours, Alderman Morris asked Ms. Faulkner how they are accommodated. Ms. Faulkner replied
that extra staff are available during those hours and space at the library was reorganized, not only
for the teenagers, but also for the elderly.
Mayor Barnes also thanked Ms. Faulkner for the report.
E. PUBLIC PARTICIPATION
City Clerk Cohen spoke to the February 14, 2022, minutes listed on the agenda that he submitted
for Council review, stating the minutes provide a complete package, with votes being recorded
accurately in a factual manner and a link provided at the end of the minutes to take the reader to
the recording of the meeting. He believes this combination will provide the best possible record
for citizens. He also spoke to the turmoil Ukrainian citizens are facing at this time and suggested
that Council direct staff to develop a plan for Ukrainian citizens if they come to DeKalb.
Regular Meeting Minutes
February 28, 2022
Page 2 of 9
F. APPOINTMENTS
There were none.
G. APPROVAL OF THE MINUTES
1. Minutes Submitted by the City Clerk
a. Minutes of the Regular City Council Meeting of February 14, 2022.
Mayor Barnes read the title above and asked for a motion to bring the item to the floor for
approval. There was no motion offered by Council.
2. Minutes Submitted by the Recording Secretary
a. Minutes of the Regular City Council Meeting of February 14, 2022.
MOTION: Alderman McAdams moved to approve the minutes; seconded by Alderman
Larson.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
H. CONSENT AGENDA
Mayor Barnes read the following Consent Agenda items by title only:
1. Accounts Payable and Payroll through February 28, in the Amount of $2,493,307.75.
2. Freedom of Information Act (FOIA) Report.
MOTION: Alderman Perkins moved to approve the Consent Agenda; seconded by Alderman
Faivre.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
I. PUBLIC HEARINGS
Mayor Barnes opened the Public Hearing at 6:15 p.m. and the following title in its entirety:
1. Public Hearing Regarding the Renewal of the Comcast Franchise Agreement.
There was no one from the public present who wished to speak and there was no discussion
among Council.
Further information regarding this item can be found under Resolution 2022-021 in these minutes.
Mayor Barnes closed the Public Hearing at 6:15 p.m.
J. CONSIDERATIONS
1. Consideration of the Kishwaukee River Bridge Replacements at N. First Street and Lucinda
Avenue.
Regular Meeting Minutes
February 28, 2022
Page 3 of 9
Mayor Barnes read the title above for the record.
MOTION: Alderman Faivre moved to bring this item to the floor for discussion; seconded by
Alderman Larson.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet. The Kishwaukee River bridge structures at N. First Street and Lucinda Avenue
have been slated for replacement by the City and the Illinois Department of Transportation (IDOT)
for a number of years. Preliminary engineering has been completed and construction engineering
is budgeted for FY2022. The general contract for the bridge replacement will be awarded in early
August, but actual construction that would be disruptive to the public will not commence until the
spring of 2023. Funding for this estimated $5.6 million project is 80% federal (estimated at $4.5
million) and 20% local (estimated at $1.1 million). The City has set aside a portion of the annual
state motor fuel tax revenues in recent years for its local share. A unique feature of the N. First
Street bridge will be a bike path under the bridge on the north side.
There was no discussion among Council.
Mayor Barnes stated he’s looking forward to the bike path under the N. First Street bridge.
K. RESOLUTIONS
1. Resolution 2022-020 Approving a Bar Liquor License to Galindo, Inc., d/b/a La Calle,
263 E. Lincoln Highway.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman McAdams.
Mayor Barnes invited the owner of La Calle, Yesenia Galindo, to speak to this item prior to City
Manager Nicklas’ overview. Ms. Galindo stated it’s her goal to open a bar with live entertainment
and adding more diversity to the downtown area.
Alderman McAdams relayed a message on behalf of Alderman Smith, stating this project has his
full support. Alderman McAdams further stated that the project also has his support and the
support of those active in the downtown area.
City Manager Nicklas then provided an overview of this item based on the information provided
in the agenda packet. Galindo, Inc., d/b/a La Calle, submitted an application for a bar liquor
license, along with a supplemental annual live entertainment permit.
La Calle, which translates to “The Street,” will be operating from the location where “The House”
was formerly located. A conditional liquor license is sought in order to begin the process of
applying for the State of Illinois liquor license. Ms. Galindo has been made aware that the City
liquor license will remain conditional until all inspections are passed and other requirements, as
listed in the attached resolution, are met.
Alderman Morris asked when the business would be open, with Ms. Galindo replying she hopes
to open by the end of August 2022 so they can be a part of Corn Fest.
Mayor Barnes stated he is excited about this project.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
Regular Meeting Minutes
February 28, 2022
Page 4 of 9
2. Resolution 2022-021 Approving 10-Year Cable Franchise Renewal Agreement with
Comcast.
Mayor Barnes read the resolution by title only.
MOTION: Alderman McAdams moved to approve the resolution; seconded by Alderman Faivre.
Joan Sage of Comcast spoke briefly to Council, letting them know that she has provided them
with a packet of information about Comcast that includes her contact information in case they
ever have a question. She further stated that the information packet provides information
regarding cable, cell phones, internet, and other services provided by Comcast. Ms. Sage added
that Comcast offers internet at a low cost for those who are income eligible via the Government
Affordable Connectivity Program.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet. The City of DeKalb’s current cable television franchise agreement with Comcast
expires on March 26, 2022. As required by the Cable Communications Policy Act and other
applicable law, a public hearing must be held to provide members of the public an opportunity to
comment on the proposed features of a successor agreement.
The draft franchise renewal agreement in the agenda background has the following features:
a) A non-exclusive 10-year franchise agreement which replaces the 10-year agreement now
expiring.
b) Comcast pays a franchise fee to the City of 5% of the annual gross revenues received from
their operation of a cable system within the corporate limits, as per the current franchise
agreement. The fee shall be paid on a quarterly basis.
c) The requirement of underground cable construction in new subdivisions and where the
transmission facilities are already underground.
d) Comcast currently provides capacity for the City’s noncommercial public or educational
access programming (Channel 14) and will continue to do so. The cost of the broadcast center
installed at the DeKalb Library was paid solely by the City in 2020. If in the future the City
wants rate payer assistance in expanding its broadcast programming, it will be able to impose
a “Public, Educational and Government” (PEG) capital fee of up to 35 cents per customer per
month to be passed on to subscribers on their monthly bills. Such action would require Council
approval.
There was no discussion among Council.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
3. Resolution 2022-022 Approving an Intergovernmental Agreement with the State of
Illinois Department of Transportation (IDOT) Regarding the Appropriation of Funds for
ADA Curb Ramp Improvements and Parking Resurfacing in Conjunction with the
Milling and Resurfacing of Illinois Route 38 from Approximately Illinois Route 23 to the
Kane County Line.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Morris moved to approve the resolution; seconded by Alderman Perkins.
Regular Meeting Minutes
February 28, 2022
Page 5 of 9
City Manager Nicklas provided an overview of the item based on the information provided in the
agenda packet. IDOT will be completing a major resurfacing project in DeKalb in 2022 along
Illinois Route 38 (Lincoln Highway). This is independent of the City-led downtown reconfiguration,
also scheduled for this summer. The IDOT resurfacing includes ADA-compliant sidewalk work to
achieve more consistent transitional areas. It is customary for municipalities to participate in such
ADA work because of the positive impact on local pedestrian movements, and the City’s share in
this case is less than $12,000.
There was no discussion among Council.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
4. Resolution 2022-023 Amending Resolution 2020-111 to Extend the Deadline for the
Issuance of a Package Liquor License with Supplemental Drive-Through Licensure for
Blue Ridge LLC - 1221, 1221 W. Lincoln Highway.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Verbic 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. On October 12, 2020, City Council approved Resolution 2020-111, which
authorized a package liquor license with a supplemental drive-thru license for 1221 W. Lincoln
Highway (across from Fatty’s Pub & Grill). The resolution contained a one-year time frame to
obtain the necessary zoning authorizations.
On August 23, 2021, the City Council approved Ordinance 2021-032, which approved the
rezoning of the site as well as a preliminary plan. The ordinance required the submittal of a final
development plan and final plat prior to any building permit being issued, which have not yet been
submitted. In view of the volatility surrounding hospitality businesses in 2020 and 2021, the
August 2021 ordinance also allowed the City Manager to approve a six-month extension once the
one-year time frame expired. Such an extension was granted.
Jeff Dobie, owner of the business, is requesting another one-year extension, which would begin
on March 12, 2022, and extend through March 12, 2023. Mr. Dobie indicates he will start the
construction project this spring with completion in the fall.
There was no discussion among Council.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
5. Resolution 2022-024 Amending Resolution 2020-112 to Extend the Deadline for the
Issuance of a Bar Liquor License with Supplemental Licensure for Video Gaming for
Blue Ridge LLC – 1221, 1221 W. Lincoln Highway.
Mayor Barnes read the resolution by title only.
MOTION: Alderman McAdams 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. On October 20, 2020, the City Council approved Resolution 2020-112, which
authorized a bar liquor license with supplemental licensure for video gaming at 1221 W. Lincoln
Regular Meeting Minutes
February 28, 2022
Page 6 of 9
Highway The resolution contained a one-year time frame to obtain the necessary zoning
authorizations. City Council approved Ordinance 2021-032 on August 23, 2021, for rezoning of
the site and a preliminary plan.
The resolution also allowed the City Manager to approve a six-month extension after the one-year
time frame had expired, which was granted. The six-month extension expires on March 12, 2022.
According to the resolution approved in 2020, any further extensions beyond March 12, 2022,
require City Council approval. Mr. Dobie is requesting a one-year extension until March 12, 2023.
Alderman Larson stated that since this liquor license was approved, as well as the liquor license
approved via Resolution 2022-023, City Council has decided to place a moratorium on gaming.
She added she’s having a hard time with extending this for another year and noted she’s not big
on gaming.
Alderman Morris stated she’s not big on gaming either but feels Council should do the right thing
and follow through with the approval. She noted that the pandemic paused the project and Council
should afford the business the opportunity for the extension.
Alderman Verbic stated the revenue generated by video gaming terminals (VGTs) has been good
for local owners and non-profits. Recognizing the fees neighboring communities charge
businesses for VGTs, Alderman Verbic asked if the City would be establishing flat fees. City
Manager Nicklas replied that a $1,000 per VGT will be imposed upon terminal operators in the
near future.
Jeff Richardson spoke on behalf of the owner, Jeff Dobie, stating that one of the reasons the
project has been extended was because of COVID. Mr. Richardson further stated that he advised
Mr. Dobie to place the project on hold during that time because without gaming, this project
doesn’t work.
Mayor Barnes stated that based on the comments from Council, it appears the extension will be
granted but there would be no more. Mr. Richardson stated that Mr. Dobie would be in agreement
with that.
Alderman Perkins asked about the timeline of the project, with Mr. Richardson stating the project
would begin soon.
Mayor Barnes asked if the project would need to be completed by the extension expiration. City
Attorney Rose stated the language of the extension indicates the license would be issued upon
receipt of their temporary occupancy permit. City Manager Nicklas added that temporary
occupancy would mean most construction is complete.
Mayor Barnes stated that the intention would be to approve the extension for another year, and
without substantial completion, it will not be extended again.
There was no further discussion.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
L. ORDINANCES – SECOND READING
There were none.
Regular Meeting Minutes
February 28, 2022
Page 7 of 9
M. ORDINANCES – FIRST READING
1. Ordinance 2022-011 Repealing Chapter 22 “Building Code Board of Appeals” and
Amending Chapter 24 “Building Code” to Create a New Chapter 22 “Building Code
Review Board” and Making Procedural Changes for the Administrative Enforcement of
the Building Code.
Mayor Barnes read the ordinance by title only.
MOTION: Alderman Verbic 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. This amendment makes procedural changes to the City’s Municipal Code by
eliminating the Building Code Board of Appeals (BCBA) and replacing it with a new Building Code
Review Board (BCRB) in order to clarify the City’s administrative procedures for enforcing building
code violations. If approved, the BCRB would serve in the role of an advisory body to the Council
for comment on any proposed changes to the locally-adopted building code series. It’s expected
that the BCRB will be busy reviewing the latest series of the locally-adopted International Code
(2021), which would logically replace the 2015 series presently in force in DeKalb. The several
texts of that Code series covering new construction, fire protection, mechanical installations, and
property maintenance, among other topics, will require the collaborative review and critique of the
volunteer board and City staff over some months.
There was no discussion among Council.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
MOTION: Alderman Morris moved to waive second reading and approve the ordinance; seconded
by Alderman Larson.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
2. Ordinance 2022-012 Amending Chapter 51 “Traffic”, Schedule C “Parking Prohibited”,
Schedule E “Limited Parking”, and Schedule F “Limited Parking – Central Business
District”.
Mayor Barnes read the ordinance by title only.
MOTION: Alderman Perkins moved to approve first reading of the ordinance; seconded by
Alderman Faivre.
City Manager Nicklas provided an overview of this item based on the information provided in the
agenda packet. City staff have collaborated on this “clean up” ordinance, which isn’t intended to
enact any significant alterations to existing parking restrictions for the community. It is intended
to revise language in various sections of Chapter 51 “Traffic” to establish consistent and clear
references to actual signage and to clean up errant language that has occurred over many
decades as new signs have been added.
Mayor Barnes stated the item will be brought back at the next Council meeting on second reading
in order to allow for further citizen review.
Regular Meeting Minutes
February 28, 2022
Page 8 of 9
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed.
N. REPORTS AND COMMUNICATIONS
1. Council Member Reports.
Alderman Morris acknowledged the turmoil in Ukraine, stating it’s heartbreaking.
Alderman Larson reported she had coffee at Fire Station #1 and visited with the new recruits. She
also thanked Zac Gill and Andy Raih for sending out postcards to residents on Joanne Lane that
provided information on the work being done there.
Alderman McAdams reported that he attended the Airport Advisory Board (AAB) meeting last
week and appreciated the discussion for long term growth of the DeKalb Taylor Municipal Airport.
He encouraged residents to attend the next meeting with any ideas.
Alderman Verbic reported he’s received two agenda items from Ward 6 residents for the
upcoming Ward 6 meeting, targeted for late March to early April.
Alderman Faivre reported that last week’s AAB meeting was good, adding that the AAB meetings
are held on the fourth Tuesday of every month. He further reported that a brainstorming session
will be held in the future and encouraged residents to attend. Alderman Faivre also thanked Zac
Gill and Andy Raih for the information that was provided to residents on Joanne Lane and the
work being done there.
Mayor Barnes offered the following report:
He attended the AAB meeting as well and agreed it was a good meeting. He also thanked
Alderman Faivre for attending those meetings as a liaison for Council, and Scott Zak for the
social media coverage.
He and City Manager Nicklas met with the chair of the Citizen Police Review Board to discuss
how things are going so far.
He continues to meet with the aldermen individually on to discuss issues within DeKalb.
He continues to receive calls from residents of Suburban Apartments and Estates with issues.
He thanked those who have helped solve some of those issues, even though the property is in
DeKalb County, and not within DeKalb city limits.
2. City Manager Report.
City Manager Nicklas thanked Alderman Larson for her comments regarding the City’s interest in
helping residents as roads are reconstructed and new water mains are installed, much like the
Joanne Lane construction. He further reported that a lead service replacement program proposal
will be brought forward at the next Council meeting, which is based upon a survey that was sent
out to residents thought to be affected.
Alderman Morris asked if those residents should be concerned about their water and if they should
be drinking the water from the tap. City Manager Nicklas replied that a report goes out every
quarter regarding the content of lead in the water.
Regular Meeting Minutes
February 28, 2022
Page 9 of 9
Mayor Barnes stated to Council members that the topic of a proposed lead service replacement
program would be good for discussion at their ward meetings. He noted that that the Kishwaukee
Water Reclamation District (KWRD) also has a program to replace sewer lines.
City Manager Nicklas stated the City is cooperating with KWRD to make residents aware of both
programs in order to assist with the funding of the replacement.
Mayor Barnes reported that he was on a webinar with 350 Kishwaukee, a local environmental
group, and learned there are quite a few charging stations in the community that aren’t listed on
various databases. Andy Raih has made contact with an organization that will assist with getting
those added to the database.
City Manager Nicklas stated he attended a lunch and learn at the Meta Complex last week, and
they had an aisle of eight charging stations for employees and everyone was being used.
O. EXECUTIVE SESSION
There was none.
P. ADJOURNMENT
MOTION: Alderman Faivre moved to adjourn the meeting; seconded by Alderman Larson.
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Perkins, McAdams, Verbic,
Faivre, Barnes. Nay: None. Absent: Smith. Mayor Barnes declared the motion passed and
adjourned the meeting at 7:01 p.m.
Respectfully submitted,
___________________________________
Ruth A. Scott, Recording Secretary
Minutes approved by the City Council on March 14, 2022.
Click here to view the agenda packet for the February 28, 2022, Regular City Council meeting.
Click here to view the video recording of the February 28, 2022, Regular City Council meeting.
Agenda
AMENDED
DEKALB CITY COUNCIL AGENDA
REGULAR MEETING
FEBRUARY 28, 2022
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. Pursuant to Governor Pritzker’s
Executive Orders 21-22 and 22-05, all persons attending this meeting who are age two or
over and able to medically tolerate a face covering (a mask or cloth face covering) shall be
required to wear protective face masks/coverings.
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF THE AGENDA
D. PRESENTATIONS
1. DeKalb Public Library Annual Report.
E. PUBLIC PARTICIPATION
F. APPOINTMENTS
None.
G. APPROVAL OF THE MINUTES
1. Minutes Submitted by the City Clerk.
a. Minutes of the Regular City Council Meeting of February 14, 2022.
2. Minutes Submitted by the Recording Secretary.
a. Minutes of the Regular City Council Meeting of February 14, 2022.
H. CONSENT AGENDA
1. Accounts Payable and Payroll through February 28, in the Amount of $2,493,307.75.
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
February 28, 2022
Page 2 of 8
2. Freedom of Information Act (FOIA) Report.
I. PUBLIC HEARINGS
1. Public Hearing Regarding the Renewal of the Comcast Franchise Agreement.
City Manager’s Summary: The City of DeKalb’s current cable television franchise
agreement with Comcast of California/Colorado/Illinois/Indiana/Michigan, LP expires on
March 26, 2022. As required by the Cable Communications Policy Act and other
applicable law, a public hearing must be held to provide members of the public an
opportunity to comment on the proposed features of a successor agreement.
The draft franchise renewal agreement in the agenda background has the following
features:
a) A non-exclusive 10-year franchise agreement which replaces the 10-year agreement
now expiring.
b) Comcast pays a franchise fee to the City of 5% of the annual gross revenues received
from their operation of a cable system within the corporate limits, as per the current
franchise agreement. The fee shall be paid on a quarterly basis.
c) The requirement of underground cable construction in new subdivisions and where
the transmission facilities are already underground.
d) Comcast currently provides capacity for the City’s noncommercial public or
educational access programming (Channel 14) and will continue to do so. The cost of
the broadcast center installed at the DeKalb Library was paid solely by the City in
2020. If in the future the City wants rate payer assistance in expanding its broadcast
programming, it will be able to impose a “Public, Educational and Government” (PEG)
capital fee of up to 35 cents per customer per month to be passed on to subscribers
on their monthly bills. Such action would require Council approval.
The proposed franchise agreement conforms to the model supported by the Metropolitan
Mayors Caucus of Illinois. By way of background, the most recent trend in franchise fee
revenue from Comcast and their closest local competitor, MetroNet, in the period January
1, 2017, to February 28, 2022, is captured in the table that follows:
Date Description
FRANCHISE TAX COMCAST METRONET
05/31/2017 COMCAST JAN- MAR 17 125,133.27
08/31/2017 COMCAST APR JUN 17 125,454.78
11/30/2017 COMCAST JUL-SEPT 17 124,759.71
12/31/2017 COMCAST OCT - DEC '17 124,036.35
TOTAL 2017 $ 499,384.11 -
05/31/2018 COMCAST JAN-MAR18 116,224.34
08/31/2018 COMCAST APR-JUN18 117,193.60
11/06/2018 CABLE FRANCHISE TAX 11/06/2018 115,081.65
12/31/2018 COMCAST OCT - DEC 2018 120,395.18
TOTAL 2018 $ 468,894.77 $ -
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
February 28, 2022
Page 3 of 8
05/07/2019 COMCAST MARCH 2019 116,161.37
08/12/2019 COMCAST JUNE 2019 114,360.92
08/16/2019 CABLE FRANCHISE TAX 08/16/2019 1,119.72
11/07/2019 COMCAST SEPT 20 108,106.79
11/21/2019 CABLE FRANCHISE TAX 11/21/2019 3,498.98
12/31/2019 COMCAST OCT - DEC 2019 104,508.33
12/31/2019 METRONET OCT - DEC 2019 5,092.32
TOTAL 2019 $ 443,137.41 $ 9,711.02
05/13/2020 COMCAST MARCH 2020 102,057.61
05/20/2020 CABLE FRANCHISE TAX 05/20/2020 5,809.68
08/10/2020 COMCAST JUNE 2020 97,088.07
08/26/2020 CABLE FRANCHISE TAX 08/26/2020 6,812.66
11/19/2020 COMCAST SEPT 2020 103,334.08
12/31/2020 COMCAST OCT - DEC 2020 96,335.04
12/31/2020 METRONET OCT - DEC 2020 6,821.74
TOTAL 2020 $ 398,814.80 $ 19,444.08
05/12/2021 COMCAST MARCH 2021 100,355.77
05/21/2021 CABLE FRANCHISE TAX 05/21/2021 6,669.33
08/26/2021 CABLE FRANCHISE TAX 08/26/2021 6,681.73
10/22/2021 COMCAST JUNE 2021 100,470.83
11/08/2021 COMCAST SEPT 2021 97,440.42
12/10/2021 CABLE FRANCHISE TAX 12/10/2021 6,893.26
2/15/2022 COMCAST DEC 2021 94,309.45
TOTAL 2021 $ 392,576.47 $ 20,244.32
Resolution 2022-021 is the agenda action item pertaining to this franchise proposal. A
representative from Comcast will be present to answer any Council questions. (click here
for additional information)
J. CONSIDERATIONS
1. Consideration of the Kishwaukee River Bridge Replacements at N. First Street and
Lucinda Avenue.
City Manager’s Summary: The Kishwaukee River bridge structures at N. First Street and
Lucinda Avenue have been programmed for replacement by the City and the Illinois
Department of Transportation (IDOT) for a number of years. Preliminary engineering has
been completed and the construction engineering is budgeted for FY2022. The general
contract for the bridge replacement will be awarded in early August, but actual construction
that would be disruptive to the public will not commence until the spring of 2023. As part
of the approaching IDOT permit approval and contract letting, a Public Information
Presentation (not a hearing) is required. This simply entails a presentation of the basics
of the project to the public and assurance that the City has coordinated with all relevant
community agencies that would be potentially impacted. The two bridge projects have
been described in the attached exhibit from the consulting engineering firm of Hampton,
Lenzini and Renwick (HLR).
Assistive services, including hearing assistance devices, available upon request.
Regular Meeting Agenda
February 28, 2022
Page 4 of 8
Funding for this estimated $5.6 million project is 80% federal (estimated at $4.5 million)
and 20% local (estimated at $1.1 million). The City has set aside a portion of the annual
state motor fuel tax revenues in recent years for its local share. A unique feature of the N.
First Street bridge will be a bike path under the bridge on the north side (see the attached
graphics).
City Engineer Zac Gill will be on hand to answer any technical questions. (click here for
additional information)
K. RESOLUTIONS
1. Resolution 2022-020 Approving a Bar Liquor License to Galindo, Inc., d/b/a La Calle,
263 E. Lincoln Highway.
City Manager’s Summary: Galindo, Inc., d/b/a La Calle, to be located at 263 E. Lincoln
Highway, has submitted an application for a bar liquor license, along with a supplemental
annual live entertainment permit. The owner, Yesenia Galindo, will be working with the
City’s Building Department on any necessary building improvements. If the liquor license
is approved, the City will receive an initial issuance fee of $10,766 and $377 for the live
entertainment permit.
La Calle, which translates to “The Street,” will be operating from the location where “The
House” was formerly located. According to Ms. Galindo, the business is tentatively
scheduled to open in early August of this year. She is seeking a conditional liquor license
at this time in order to begin the process of applying for the State of Illinois liquor license.
Ms. Galindo has been made aware that the City liquor license will remain conditional until
all inspections are passed and other requirements, as listed in the attached resolution, are
met.
Ms. Galindo is very excited about this venture and looks forward to being a part of the new
downtown DeKalb experience.
City Council approval is recommended. (click here for additional information)
2. Resolution 2022-021 Approving 10-Year Cable Franchise Renewal Agreement with
Comcast.
City Manager’s Summary: Under the Public Hearing portion of this agenda, some
background is presented regarding a proposed successor agreement for the Comcast
franchise. The agreement has been vetted by the City Attorney with respect to applicable
law. The principal features are as follows:
a) A non-exclusive 10-year franchise agreement which replaces the 10-year agreement
now expiring.
b) Payment of a franchise fee to the City equal to 5% of the annual gross revenues
received from their operation of a cable system within the corporate limits, as per the
current franchise agreement.
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Regular Meeting Agenda
February 28, 2022
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c) The requirement of underground cable construction in new subdivisions and where
the transmission facilities are already underground.
d) Capacity for the City’s noncommercial public or educational access programming
(Channel 14). If, in the future, the City wants rate payers to participate in the cost of
expanding the Channel 14 programming, a “PEG” capital fee of up to 35 cents per
customer per month can be imposed on subscribers on their monthly bills. Such action
would require Council action.
The proposed agreement follows a model which has been supported by the Metropolitan
Mayors Caucus of Illinois.
City Council approval is recommended. (click here for additional information)
3. Resolution 2022-022 Approving an Intergovernmental Agreement with the State of
Illinois Department of Transportation Regarding the Appropriation of Funds for
ADA Curb Ramp Improvements and Parking Resurfacing in Conjunction with the
Milling and Resurfacing of Illinois Route 38 from Approximately Illinois Route 23 to
the Kane County Line.
City Manager’s Summary: The Illinois Department of Transportation (IDOT) will complete
a major resurfacing project through the City of DeKalb in 2022 along Illinois Route 38
(Lincoln Highway). This is independent of the City-led downtown reconfiguration, also
scheduled for this summer. The IDOT resurfacing includes ADA-compliant sidewalk work
to achieve more consistent transitional areas. It is customary for municipalities to
participate in such ADA work because of the positive impact on local pedestrian
movements, and the City’s share in this case is less than $12,000.
City Council approval is recommended. (click here for additional information)
4. Resolution 2022-023 Amending Resolution 2020-111 to Extend the Deadline for the
Issuance of a Package Liquor License with Supplemental Drive-Through Licensure
for Blue Ridge LLC - 1221, 1221 W. Lincoln Highway.
City Manager’s Summary: As Planning Director Dan Olson writes in his background
memorandum, Jeff Dobie has requested a one-year extension for a supplemental package
liquor license and drive-through license at 1221 W. Lincoln Highway (across from Fatty’s
Pub & Grill). The extension would begin on March 12, 2022, and extend through March
12, 2023.
On October 12, 2020, the City Council approved Resolution 2020-111 and Resolution
2020-112, which authorized a package liquor license with a supplemental drive-thru
license for 1221 W. Lincoln Highway, as well as a bar liquor license with supplemental
licensure for video gaming. The resolutions contained a one-year time frame to obtain the
necessary zoning authorizations.
The City Council approved Ordinance 2021-032 on August 23, 2021, approving the
rezoning of the site as well as a preliminary plan. The ordinance required the submittal of
a final development plan and final plat prior to any building permit being issued, which
have not yet been submitted. In view of the volatility surrounding hospitality businesses in
2020 and 2021, the August 2021 resolutions also allowed the City Manager to approve a
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Regular Meeting Agenda
February 28, 2022
Page 6 of 8
six-month extension once the one-year time frame expired. Such an extension was
granted.
The City Manager’s six-month extension expires on March 12, 2022. According to the
resolutions approved in 2020, any further extensions beyond March 12, 2022, require City
Council approval. Mr. Dobie is requesting a one-year extension for the package liquor
license at 1221 W. Lincoln Highway and indicates in his request he will start the
construction project this spring with completion in the fall.
City Council approval is recommended. (click here for additional information)
5. Resolution 2022-024 Amending Resolution 2020-112 to Extend the Deadline for the
Issuance of a Bar Liquor License with Supplemental Licensure for Video Gaming
for Blue Ridge LLC – 1221, 1221 W. Lincoln Highway.
City Manager’s Summary: The package liquor license approved for 1221 W. Lincoln
Highway in October 2020 included supplemental licensure for video gaming. The
resolution contained a one-year time frame (October 12, 2021) to obtain the necessary
zoning authorizations. The City Council approved Ordinance 2021-032 on August 23,
2021, approving the rezoning of the site and a preliminary plan.
The resolution also allowed the City Manager to approve a six-month extension after the
one-year time frame had expired, which was granted. The six-month extension expires on
March 12, 2022. According to the resolution approved in 2020, any further extensions
beyond March 12, 2022, require City Council approval. Mr. Dobie is requesting a one-year
extension until March 12, 2023.
City Council approval is recommended. (click here for additional information)
L. ORDINANCES – SECOND READING
None.
M. ORDINANCES – FIRST READING
1. Ordinance 2022-011 Repealing Chapter 22 “Building Code Board of Appeals” and
Amending Chapter 24 “Building Code” to Create a New Chapter 22 “Building Code
Review Board” and Making Procedural Changes for the Administrative Enforcement
of the Building Code.
City Manager’s Summary: This proposed ordinance makes procedural changes to the
City’s Municipal Code (the “Code”) by eliminating the Building Code Board of Appeals
(BCBA) and replacing it with a new Building Code Review Board.
When the Building Code Board of Appeals was created in August 2016, it was thought
that the Board would have two purposes:
a) Consideration and rulings on private appeals of enforcement actions and license or
permit denials by the Chief Building Official; or
b) The periodic review of proposed changes to the adopted building code series. In this
role, the Board would be in an advisory role to the Council.
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Regular Meeting Agenda
February 28, 2022
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Following its creation, the Board met in 2017 and 2018 to review proposed changes to
locally adopted building codes leading to the adoption of the 2015 International Code
series which includes texts on general construction, property maintenance, mechanical
installations, fire protection, etc. According to the BCBA’s minutes published on the
City’s website, the BCBA has not met since April 5, 2018, nor has the BCBA ever
considered an appeal of the Chief Building Official’s enforcement actions. The lack
of appeals can be explained in part by the City’s customary practice of prosecuting
Building Code violations under the City’s “Administrative Hearing Procedure” which is
defined in detail in Chapter 17 of the DeKalb Municipal Code.
Generally speaking, under the City’s Administrative Hearing process, the Chief Building
Official or designee gives a written notice of a Building Code violation to a property owner
in conjunction with notice of an administrative hearing on the violation. After conducting
the hearing, the City’s Hearing Officer determines whether or not a violation exists and
imposes any penalties or corrective actions by written order. The Hearing Officer’s final
order may be appealed to the Circuit Court of DeKalb County. Literally hundreds of such
violations and orders have been entered and successfully prosecuted for property
maintenance violations at a number of multi-family apartment complexes in recent years.
Unfortunately, the unintended consequence of the dual existence of two different and
competing administrative procedures in Chapter 17 and Chapter 22 of the DeKalb
Municipal Code was a conflict before the Administrative Hearing officer. The legal counsel
representing a large local apartment complex which has been notorious in recent years
for its neglect of property deficiencies saw an opportunity to sweep away numerous
complaints by asserting the provenance of the unused appeal procedure defined in
Chapter 22, Building Code Board of Appeals, over the often-used procedures in Chapter
17.
Accordingly, the proposed ordinance is offered by the City Attorney as the most efficient
way to clarify the City’s administrative procedures for enforcing Building Code violations.
If approved, the Board would hereafter serve in the role of an advisory body to the Council
for comment on any proposed changes to the locally-adopted building code series. In
2022, it is expected that the Board will be busy reviewing the latest series of the locally-
adopted International Code (2021), which would logically replace the 2015 series
presently in force in DeKalb. The several texts of that Code series covering new
construction, fire protection, mechanical installations, and property maintenance, among
other topics, will require the collaborative review and critique of the volunteer board and
City staff over some months.
City Council approval is recommended. (click here for additional information)
2. Ordinance 2022-012 Amending Chapter 51 “Traffic”, Schedule C “Parking
Prohibited”, Schedule E “Limited Parking”, and Schedule F “Limited Parking –
Central Business District”.
City Manager’s Summary: City Engineer Zac Gill and Assistant Director of Public Works
Andy Raih have collaborated on this “clean up” ordinance. It is not intended to enact any
significant alterations to existing parking restrictions for the community. It is intended to
revise language in various sections of Chapter 51 “Traffic” to establish consistent and clear
references to actual signage and to clean up errant language.
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Regular Meeting Agenda
February 28, 2022
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Specifically, in order to establish legally enforceable parking restrictions, the ordinance
must consistently describe field locations.
Additionally, over many decades as new signs have been added, unintended confusion
has resulted because a previous or similar section or description has not been revised.
The caution of “in with the new and out with the old” has sometimes been ignored in the
urgency to “get in with the new.”
Finally, as developments have altered the physical conditions some de facto parking
limitations or alterations have resulted which have not been incorporated in the code. For
example, as a new driveway is added for a new or remodeled business, a sign along the
curb may need to be removed and relocated, not only out of the drive lane but to account
for new sight lines. Or, when alternating parking restrictions create confusion or impede
operations such as snowplowing or emergency response, some adjustments may be
necessary.
The detailed, color-keyed background walks the reader through all the possible changes
that have been on “to do” lists in the City’s Street Department and Engineering Office for
years. Recognizing that codes restricting or authorizing parking can adversely impact
businesses and homes along public streets throughout town, a careful review of the
proposed changes is welcome. City Employees Andy Raih, Zac Gill, Doug Eaton, and
John Lucius have worked hard to eliminate controversy and to remove longstanding
inconsistencies. Mr. Raih and Mr. Gill will be on hand to answer specific Council or public
questions.
City Council approval is recommended. (click here for additional information)
N. REPORTS AND COMMUNICATIONS
1. Council Member Reports.
2. City Manager Report.
O. EXECUTIVE SESSION
None.
P. ADJOURNMENT
REGULAR AGENDA PACKET – FEBRUARY 28, 2022
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