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City Council

Regular Meeting

DeKalb, IL · March 27, 2023

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Minutes

MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING MARCH 27, 2023 The City Council of DeKalb, Illinois, held a Regular meeting on March 27, 2023, 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. Recording Secretary Ruth Scott called the roll, and the following members of City Council were present: Alderman Barb Larson, Alderman Greg Perkins, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Cohen Barnes. Alderman Carolyn Morris, Alderman Tracy Smith, and Alderman Scott McAdams were absent. Others in attendance included City Manager Bill Nicklas, Community Services Coordinator Jennifer Yochem, Airport Manager Renee Riani, and City Attorney Matt Rose. Sasha Cohen was absent. B. PLEDGE OF ALLEGIANCE Shadow Gentry led the Pledge of Allegiance. C. APPROVAL OF THE AGENDA MOTION: Alderman Larson moved to amend the agenda by moving Item K.8 (Resolution 2023- 040) to item K.1.; seconded by Alderman Perkins. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. D. PRESENTATIONS 1. Proclamation: Vietnam Veterans Day 50th Anniversary – March 29, 2023. Mayor Barnes read the proclamation in its entirety and presented copies to the DeKalb American Legion, the DeKalb 40&8 Veterans Organization, and the DeKalb AMVETS Veterans Organization. E. PUBLIC PARTICIPATION Mark Charvat referenced comments Mayor Barnes made during his report at the March 13, 2023, City Council meeting regarding a summit he initiated with other taxing bodies to discuss lowering the tax rate. Mr. Charvat expressed concern that the media and the public weren’t invited to the summit, stating he feels it shows a lack of transparency. He further stated that he feels the Council is still missing the point that the tax dollar amount needs to be reduced, not just the rate. Derek Van Buer stated that he’s in support of public transit, but it must be economically feasible, and the public must be provided with accurate information to evaluate the effectiveness of the public transit system and new projects. He isn’t in support of spending $100,000 on a study when the major issues are known, and the necessary information can be obtained in a working group. Mr. Van Buer further stated he would be in support of recreating the Metra Exploratory Committee City Council Regular Meeting Minutes March 27, 2023 Page 2 of 10 made up of the Mayors and City Managers of DeKalb, Sycamore, and Cortland, as well as the DeKalb County Board, Union Pacific and Metra. He then referenced a meeting of the Metra Rail Exploratory Committee from December 2015 and provided excerpts of the minutes. He also provided excerpts and highlights from other meetings and newspaper articles regarding increased costs and taxes. Mr. Van Buer concluded his comments by stating the City should concentrate its efforts on an increase in bus service to match the demand, using effective and accurate measuring indicators to drive future decisions, and using the funds set aside for the study for other needs. F. APPOINTMENTS There were none. G. APPROVAL OF THE MINUTES Mayor Barnes read the minutes by title only: 1. Minutes of the Regular City Council Meeting of March 13, 2023. MOTION: Alderman Verbic moved to approve the minutes as submitted by the Recording Secretary; seconded by Alderman Faivre. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. 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 March 13, 2023, in the Amount of $2,420,643.63. 2. Freedom of Information Act (FOIA) Report – February 2023. 3. Resolution 2023-031 Authorizing the Approval of Certain Executive Session Minutes and the Destruction of Certain Verbatim Recordings. 4. Resolution 2023-032 Authorizing a Workers’ Compensation Lump Sum Petition and Order in the Amount of $22,054.76 (Elise Dusek). MOTION: Alderman Faivre moved to approve the Consent Agenda; seconded by Alderman Perkins. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. I. PUBLIC HEARINGS There were none. J. CONSIDERATIONS There were none. City Council Regular Meeting Minutes March 27, 2023 Page 3 of 10 K. RESOLUTIONS 1. Resolution 2023-040 Authorizing Subrecipient Agreements with Children's Learning Center, Elder Care Services, Hope Haven, and Safe Passage in the Total Amount of $60,000 for Community Development Block Grant (CDBG) Year 2023 Public Services Funding from April 1, 2023, through March 31, 2024. Mayor Barnes read the resolution by title only. MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Larson. Nate Kloster, CEO of the Voluntary Action Center (VAC), spoke to Council about VAC being eliminated from receiving a CDBG grant due to an error in the application they submitted. He noted the loss in funding will cause further hardship to those individuals with limited resources. Mr. Kloster asked Council to consider option 2 as presented in the staff memo, which would adjust recommended funding amounts for the grantees noted in the title above and allow a portion to be allocated to VAC. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. On January 23, 2023, the Council approved the City’s CDBG annual action plan for the period April 1, 2023, through March 31, 2024, with a part of that plan being dedicated to the support of public services. The U.S. Department of Housing and Urban Development (HUD) guidelines cap this portion at 15% of the City’s total annual grant. Continuing, City Manager Nicklas stated this is a competitive process and the City expects agencies that apply to provide their area of focus for the funding and why they should be considered. A committee, made up of City staff, reviews the applications and provides recommendations for funding. He further stated that he and the committee stand by the original decision made. Concluding his overview, City Manager Nicklas stated it’s important that agencies granted funding are expected to submit timely reports; however, not every agency does that. Alderman Larson asked why some agencies got the full funding amount requested while others received a reduced amount or no funding at all. City Manager Nicklas replied it’s based on what’s on the application and that each application was reviewed in a fair, open, and thorough process. He noted that the City welcomes a more pointed and focused application from VAC next year. Alderman Perkins asked if there was any dialogue with VAC about the decision. Community Services Coordinator Jennifer Yochem stated she received a call from VAC after the agenda was posted and they saw the decision. It was then that she pulled the committee together to reevaluate the original decision, and upon further review, the committee held firm on that decision because the application VAC submitted earlier in the year for Human Services funding and the application they submitted for CDBG funding were too similar and seemed like they were covering the same program. Brief discussion ensued between Alderman Perkins and Ms. Yochem. Alderman Verbic asked it would affect the committee’s decision next year if VAC were to fill out the application in a different manner. Ms. Yochem replied it would, adding she hopes to introduce CDBG funding to different applicants during next year’s process. Alderman Larson asked Mr. Kloster if the two VAC programs are the same, to which he replied they are separate. The City’s Human Services grant funds the hot food program, while the CDBG grant funds the cold food program. City Council Regular Meeting Minutes March 27, 2023 Page 4 of 10 Discussion ensued. City Manager Nicklas stated that out of fairness, the City can’t negotiate with the applicants after the fact. Everyone has the same rules and receives the same application and guidelines for how to apply. Mayor Barnes commented on the process and why the City can’t negotiate with the agencies using federal dollars. Alderman Perkins suggested there should have been room for dialogue, especially since VAC asked for $15,000 and will now receive nothing, which may lead to them having to eliminate programs. City Manager Nicklas stated VAC is a veteran of this process and they applied with language that wasn’t clear regarding the differences between the hot sack lunch program and the cold sack lunch program. Brief discussion ensued. Alderman Verbic asked if HUD provided a rational for why they dropped their funding amount. Ms. Yochem replied one of the reasons is because DeKalb’s population has decreased. Mayor Barnes stated he stands by the committee’s recommendation. Alderman Faivre stated that moving forward he thinks organizations applying for a grant through the City should provide the level of funding they receive from other organizations. Ms. Yochem stated that it’s already a part of the application process. She also noted that she’s been looking into other grants that VAC might qualify for to supplement funding for the program. VOTE: Motion carried by a 4-1-3 roll call vote. Aye: Larson, Verbic, Faivre, Barnes. Nay: Perkins. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. 2. Resolution 2023-033 Authorizing an Architectural Improvement Program (AIP) Economic Incentive for Quatro Amigos Venue at 240 E. Lincoln Highway in the Amount of $25,000. Mayor Barnes read the resolution by title only. He then recused himself from this item and Alderman Faivre served as Temporary Chair. MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Larson. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. The owners of the Quatro Amigos Venue applied for an AIP loan under the TIF #3 program to install a limestone façade across the Lincoln Highway frontage and additional exterior lighting. The work is part of an overall remodeling of the former Lincoln Inn Restaurant, which has been vacant since 2020, to create new space for banquets and private parties. Under the City’s AIP program, façade improvements and electrical improvements are separately eligible for up to a 50% reimbursement, not to exceed $25,000. The estimated cost for the exterior remodeling is $60,000. The City’s Building Department has been consulted and supports the renovation plans. Alderman Verbic noted his support the request and then stated further discussion needs to take place regarding downtown parking and the use of pay stations in order to keep parking fair and assist the Police Department with overseeing enforcement. City Council Regular Meeting Minutes March 27, 2023 Page 5 of 10 VOTE: Motion carried by a 4-0-3-1 roll call vote. Aye: Larson, Perkins, Verbic, Faivre. Nay: None. Absent: Morris, Smith, McAdams. Recused: Barnes. Alderman Faivre declared the motion passed. Mayor Barnes returned to the meeting at 6:44 p.m. and briefly commented that he believes this project will only make downtown DeKalb better. 3. Resolution 2023-034 Approving a Retail Tobacco Store License for Jaah Smoke Shop, d/b/a Smoke Shop Pipes & Things, 901 Lucinda Avenue, Ste. P. Mayor Barnes read the resolution by title only. MOTION: Alderman Verbic 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. The owner, Mohammad Silat, has submitted an application for a retail tobacco store in Unit P at 901 Lucinda Avenue. Retail tobacco stores are defined as a business that either has 30% or more of its revenue or more than 25% of its floor area devoted to tobacco products and accessories. On January 9, 2023, the City Council approved a special use permit for this location on the recommendation of the Planning and Zoning Commission and City staff (Ordinance 2023-008). If approved, the City will receive an initial issuance fee of $3,735 and annual renewal fees of $350. There were no questions or comments from Council. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. 4. Resolution 2023-035 Authorizing a Professional Services Agreement with Stantec Architecture, Inc. for Architectural and Engineering Design of a Transit Maintenance and Operations Facility in an Amount Not to Exceed $2,990,792. Mayor Barnes read the resolution by title only. MOTION: Alderman Perkins 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. Stantec Architecture has submitted a professional services agreement for the value of the design contract for the new transit center in a not-to-exceed amount of $2,990,792, which is approximately 12% of the projected construction costs. The greater share of the funding for this project has already been secured from federal and state (IDOT) sources and budgeted in the Transportation Fund in 2023. Other capital grant awards have been committed to the transit center project and the City’s Transit staff are preparing an application for further facility funding through the Federal Transit Administration’s 5339b Buses and Facilities Competitive Program. Stantec’s design schedule anticipates final design documents by June 1, 2024, with the construction Request for Proposals released by July 1, 2024. Further conversation is needed with the consulting firm to formulate an aggressive timeline for the construction phase and completion. Alderman Verbic stated he supports the agreement but wants to confirm that the entire project will be cost neutral to the taxpayers of DeKalb. City Manager Nicklas replied as of right now we’re not using any general operating funds. City Council Regular Meeting Minutes March 27, 2023 Page 6 of 10 Alderman Verbic then asked if additional costs are anticipated. City Manager Nicklas replied we’re trying to keep the design within the state and federal fiscal support. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. 5. Resolution 2023-036 Authorizing the Waiver of Competitive Bidding and Awarding the Purchase of Three Cardiac Monitors and Additional Items to Place the Monitors in Service from Zoll Medical Corporation in an Amount Not to Exceed $93,361.11 Using Ground Emergency Medical Transportation (GEMT) Funding (Fund 130). Mayor Barnes read the resolution by title only. MOTION: Alderman Perkins moved to approve the resolution; seconded by Alderman Larson. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. The Illinois Department of Public Health (IDPH) requires cardiac monitors in all front line, advanced life support (ALS) vehicles. Currently the Fire Department has six Zoll X- series monitors - four that were purchased in 2016 and two in 2020. The Fire Department is requesting authorization to purchase three new Zoll cardiac monitors to outfit three front line engines (“first out” at each station) to remain compliant with IDPH requirements. The Fire Department is also requesting the waiver of competitive bidding and approval of the purchase of three Series X cardiac monitors, cuff kits, and batteries from Zoll Medical Corporation to match up with the existing monitors, as well as additional training. A savings of $9,169.65 can be realized if the order is placed before a price increase on April 1. There were no questions or comments from Council. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. 6. Resolution 2023-037 Authorizing the Purchase of a Set of Six Steril Koni Column Lifts with Appropriate Accessories from Safetylane Automotive Equipment in an Amount Not to Exceed $101,092.12 Utilizing Ground Emergency Medical Transportation (GEMT) Funding (Fund 130). Mayor Barnes read the resolution by title only. MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Larson. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. In recent years the Fire Department has out-sourced preventative maintenance and repairs on its front-line ambulances and engines, however, these contractual costs have been rising. In FY2021 the overall outsourcing of the Fire Department’s vehicle repairs totaled over $87,000 and in FY2022 the total increased to about $92,000. In recent years, testing agencies have certified “mobile” lifts that can be placed anywhere in a shop on a firm surface. Instead of one large hydraulic lift upon that the mechanic drives, the mobile approach involves four or six separate column lifts that raise a vehicle simultaneously. This type of equipment is gaining popularity in test lanes and other smaller shops and carries all the requisite safety ratings. The quote provides a set of six lifts with related electrical control boxes on each column. The overall lift rating – 111,000 pounds – is sufficient to raise the Department’s extension ladder truck evenly and with ease. City Council Regular Meeting Minutes March 27, 2023 Page 7 of 10 Assistant Public Works Director Andy Raih and Fire Chief Mike Thomas have conceived this potential collaboration and longer-term cost savings. The quote from Safetylane Automotive Equipment can be covered by an amendment to the FY2023 GEMT budget, which has adequate reserves for this expenditure. Further, a dedicated employee who can focus time on the steady pace of repairs on the Fire fleet, without diminishing the mechanical output of the Public Works garage is needed. Mr. Raih and Chief Thomas have proposed the use of available funding from the Fire Department’s budget, which is sufficient to hire a qualified mechanic within the Public Works Department for the balance of the current fiscal year. Alderman Perkins stated he applauds the creativity and asked for confirmation that the shift in costs will be budget neutral. City Manager Nicklas stated that’s what we’re aiming for. Brief discussion ensued. Alderman Larson asked about additional supplies needed for the repairs. City Manager Nicklas replied there will be some needed supplies since the work is being done in house, which would be needed either way. Alderman Larson then asked if the funding for the new mechanic would cover the employment package (health insurance, etc.). City Manager Nicklas replied it’s dependent upon the employee’s needs. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. 7. Resolution 2023-038 Approving an Agreement for Architectural/Engineering, Planning and Special Services, and Design Phase Services with Crawford, Murphy and Tilly, Inc. for Project DKB-4924 for the Removal and Replacement of a Portion of the Aircraft Parking Apron at the DeKalb Taylor Municipal Airport in an Amount Not to Exceed $47,000 (Airport Fund 650-00-00-83900). Mayor Barnes read the resolution by title only. MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Verbic. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. Project DKB-4924 is scheduled in 2024 to remove and replace a portion of the aircraft parking apron at the DeKalb Taylor Municipal Airport at the total estimated cost of $940,000. The City’s budgeted share of this cost is 5%, or $47,000, and covers a portion of the design cost for this repair work. There were no questions or comments from Council. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. 8. Resolution 2023-039 Approving an Agreement for Architectural/Engineering, Planning and Special Services, and Design Phase Services with Crawford, Murphy and Tilly, Inc. for Project DKB-5063 for the Rehabilitation of Runway 9/27 at the DeKalb Taylor Municipal Airport in an Amount Not to Exceed $132,000 (Airport Fund 650-00-00-83900). Mayor Barnes read the resolution by title only. MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Verbic. City Council Regular Meeting Minutes March 27, 2023 Page 8 of 10 City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. Project DKB-5063 will rehabilitate runway 9/27 at the DeKalb Taylor Municipal Airport (DTMA) for a total estimated cost of $2,640,000, including the City’s 5% contribution of $132,000 for design purposes. Referencing the significant closures that took place during construction work for another DTMA project, Alderman Faivre asked if a specific mitigation to minimize closures during this project could be put in place. Airport Manager Renee Riani replied that the COVID pandemic caused issues with the subcontractors during the project Alderman Faivre referenced, which in turn caused unplanned closures at the DTMA. She further stated that some of the lost time has already been mitigated with another project. 9. Resolution 2023-041 Approving an Agreement for a Deed in Lieu of Foreclosure (807 Oak Street). 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. The house at 807 Oak Street was an eligible candidate for demolition under the IHDA Strong Communities Program Grant. Community Services Coordinator Jennifer Yochem, City Attorney Matthew Rose, Director of Streets and Facilities Andy Raih, and the City’s Building Department have collaborated in the identification of this property, its qualification under the IHDA program, and the demolition of the distressed home. Approval of this agreement would allow the City to accept a deed to the property in lieu of foreclosing on its demolition lien of approximately $17,750. The property is now vacant, but its lot size is too small to allow for the development of a single-family home under the UDO’s existing regulations. Nevertheless, the City hopes to restore the property to the tax rolls in the near future. There were no questions or comments from Council. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. L. ORDINANCES – SECOND READING There were none. M. ORDINANCES – FIRST READING 1. Ordinance 2023-016 Amending Chapter 38 “Intoxicating Liquors”, Section 38.27 “Gambling Devices”, as it Pertains to Video Gaming Establishments and Video Gaming Terminals. Mayor Barnes read the ordinance by title only. MOTION: Alderman Verbic moved to approve first reading of the ordinance; seconded by Alderman Faivre. John Guevara noted that funds collected from video gaming has helped smaller communities during this tough time. He encouraged the Council not to rush into deciding which DeKalb businesses should be allowed to have video gaming terminals and which shouldn’t, noting he’d be happy to discuss their priorities for DeKalb and work together to come to a mutual conclusion. City Council Regular Meeting Minutes March 27, 2023 Page 9 of 10 Dwayne Brown stated DeKalb doesn’t need unnecessary and restructured regulations regarding video gaming establishments (VGEs), adding that the free market does a better job of determining the proper number of VGEs allowed in a business than the Council does. He further stated that the additional income from these establishments would help relieve the tax burden on taxpayers. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. At the March 13, 2023, meeting, the Council built a consensus around general preferences with respect to video gaming terminals (VGTs) in DeKalb. They included limiting the number of VGEs to 10 (with the exception of Blue Ridge), allowing businesses with a Bar liquor license to have a maximum of six VGTs, no VGTs in gas stations, food and fuel establishments, or liquor stores, and the prohibition of VGT licenses in current and future businesses with a Restaurant liquor license. Alderman Verbic asked how many other businesses would be eligible for video gaming. City Manager Nicklas stated there are currently five businesses with Bar liquor licenses that would become eligible if Council were to approve this ordinance. Discussion ensued. Alderman Verbic stated he doesn’t like that the State of Illinois relies on gambling to fund essential services, but we could make the most of it if the captured funds are dedicated to gambling addiction and/or human services. Mayor Barnes stated he doesn’t think it’s up to the City to create a service dedicated to gambling addiction, adding it would be a service that should be implemented through a non-profit organization. Brief discussion ensued. Alderman Larson stated DeKalb needs more actual taxpayers living here, adding she’d like those looking for a place to live to see DeKalb as a good place to raise a family. She isn’t saying get rid of gambling all together, but DeKalb also doesn’t need video gaming every quarter mile on Sycamore Road and there needs to be a balance. Mayor Barnes stated there’s been a lot of conversation about this topic and doesn’t feel it’s been rushed. He added that he thinks this ordinance is a good compromise based on all opinions. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. MOTION: Alderman Larson moved to waive second reading of the ordinance and approve; seconded by Alderman Faivre. VOTE: Motion carried by a 5-0-3 roll call vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed. Alderman Verbic asked if this would be a part of a budget discussion where Council could provide direction set aside a specific amount of future proceeds from gaming toward human services. City Manager Nicklas replied that the funds currently go into the General Fund, adding that perhaps future requests for proposals for human services funding could include a special service such as gambling addition recovery. Mayor Barnes stated this is a conversation he’d like to have in the future. City Council Regular Meeting Minutes March 27, 2023 Page 10 of 10 City Attorney Rose stated the State of Illinois dedicates a portion of the money earned through video gaming to gambling addiction, but that wouldn’t preclude the City from doing something similar. Brief discussion ensued. Alderman Verbic asked for a report on the funding provided by the state to gambling addiction. City Attorney Rose stated he would look it up. N. REPORTS AND COMMUNICATIONS 1. Council Member Reports. Alderman Faivre reported that yard waste pick-up begins on April 1. Alderman Larson reported on her attendance at the recent swearing in ceremony of two new firefighters. Mayor Barnes reported on recent meetings and events he’s attended, including the B.L.A.C. Inc. grand opening, guesting on the WLBK radio program, the unveiling of the world’s largest snowflake at Northern Illinois University (NIU), cleaning up the “L” (City owned property located at Blackhawk Road and Hillcrest Drive) with NIU fraternities, attending a Citizens’ Community Enhancement Commission meeting regarding the creation of the City Hall mural, and meeting with Congresswoman Underwood and State Representative Keicher. 2. City Manager Report. City Manager Nicklas thanked Alderman Larson for her attendance at swearing in ceremonies for the City’s Fire and Police Departments, noting that all Council members are welcome. He also reported that an RFP has been issued for DeKalb’s refuse collection and a report on the proposal received for the development of the “L” will be brought to council at the April 10, 2023, meeting. O. EXECUTIVE SESSION There was none. P. ADJOURNMENT MOTION: Alderman Faivre moved to adjourn the meeting; seconded by Alderman Perkins. VOTE: Motion carried by a 5-0-3 voice vote. Aye: Larson, Perkins, Verbic, Faivre, Barnes. Nay: None. Absent: Morris, Smith, McAdams. Mayor Barnes declared the motion passed and adjourned the meeting at 7:33 p.m. Respectfully submitted, _______________________________ Ruth A. Scott, Recording Secretary Minutes approved by the City Council on April 10, 2023. Click here to view the agenda packet for the March 27, 2023, Regular City Council meeting. Click here to view the video recording of the March 27, 2023, Regular City Council meeting.

Agenda

DEKALB CITY COUNCIL AGENDA REGULAR MEETING MARCH 27, 2023 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, Illinois 60115 Pursuant to Chapter 2 “City Council”, Section 2.04 “Council Meetings”, persons wishing to address the City Council during this meeting are required to register with the Recording Secretary by filling out and submitting a Speaker Request form, copies of which are located on the table just outside the meeting room, along with copies of the agenda. Comments will be limited to three (3) minutes. Further information for addressing the City Council can be found on the Speaker Request form. A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE C. APPROVAL OF THE AGENDA D. PRESENTATIONS 1. Proclamation: Vietnam Veterans Day 50th Anniversary – March 29, 2023. E. PUBLIC PARTICIPATION F. APPOINTMENTS None. G. APPROVAL OF THE MINUTES 1. Minutes of the Regular City Council Meeting of March 13, 2023. H. CONSENT AGENDA 1. Accounts Payable and Payroll through March 13, 2023, in the Amount of $2,420,643.63. 2. Freedom of Information Act (FOIA) Report – February 2023. 3. Resolution 2023-031 Authorizing the Approval of Certain Executive Session Minutes and the Destruction of Certain Verbatim Recordings. (click here for additional information) 4. Resolution 2023-032 Authorizing a Workers’ Compensation Lump Sum Petition and Order in the Amount of $22,054.76 (Elise Dusek). (click here for additional information) Assistive services, including hearing assistance devices, available upon request. 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Regular Meeting Agenda March 27, 2023 Page 2 of 8 I. PUBLIC HEARINGS None. J. CONSIDERATIONS None. K. RESOLUTIONS 1. Resolution 2023-033 Authorizing an Architectural Improvement Program (AIP) Economic Incentive for “Quatro Amigos Venue” at 240 E. Lincoln Highway in the Amount of $25,000. City Manager’s Summary: The owners of “Quatro Amigos Venue” (formerly The Lincoln Inn) at 240 E. Lincoln Highway have applied for an AIP loan under the TIF #3 program to install a limestone façade across the Lincoln Highway frontage, and additional exterior lighting. The stone pieces will be 8’x24” in size as depicted in the attached rendering. The work is part of an overall remodeling of the former restaurant to create new space for banquets and private parties. The space at 240 E. Lincoln Highway has been vacant since 2020. Under the City’s AIP program, façade improvements and electrical improvements are separately eligible for up to a 50% reimbursement, not to exceed $25,000. The owners propose to remove the existing, exterior wood siding and prepare the subsurface for the stone installation. The estimated cost for the exterior remodeling is $60,000. The City’s Building Department has been consulted and supports the renovation plans. The forgivable loan of $25,000 would be funded by the TIF#3 Fund (262-00-00-69199). City Council approval is recommended. (click here for additional information) 2. Resolution 2023-034 Approving a Retail Tobacco Store License for Jaah Smoke Shop, d/b/a Smoke Shop Pipes & Things, 901 Lucinda Avenue, Ste. P. City Manager’s Summary: Mohammad Silat has submitted an application for a retail tobacco store in Unit P at 901 Lucinda Avenue. Retail tobacco stores are defined as a business that either has 30% or more of its revenue or more than 25% of its floor area devoted to tobacco products and accessories. On January 9, 2023, the City Council approved a special use permit for this location on the recommendation of the Planning and Zoning Commission and City staff (Ordinance 2023-008). If the license is approved, the City will receive an initial issuance fee of $3,735 and annual renewal fees of $350. City Council approval is recommended. (click here for additional information) 3. Resolution 2023-035 Authorizing a Professional Services Agreement with Stantec Architecture, Inc. for Architectural and Engineering Design of a Transit Maintenance and Operations Facility in an Amount Not to Exceed $2,990,792. City Manager’s Summary: Following the recommendation of the Transit Site Selection Committee on October 10, 2022 (Resolution 2022-100), the City Council approved the Assistive services, including hearing assistance devices, available upon request. 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Regular Meeting Agenda March 27, 2023 Page 3 of 8 selection of a new transit center site along Dresser Road near Annie Glidden Road. The property is currently owned by the City of DeKalb and has a gross area of about 35 acres. The proposed facility has an estimated cost in present day dollars of $20-25 million for approximately 50,000 square feet of functional space under roof, accompanied by 210,000 square feet of shielded outdoor storage and grounds, plus storm-water detention and a variety of circulation driveways and parking areas for both buses, employees, and guests. Stantec Architecture was awarded the architectural consulting contract in May 2019. The firm has submitted a professional services agreement for the value of the design contract in a not- to-exceed amount of $2,990,792, which is approximately 12% of the projected construction costs – typical for the industry and for such a specialized facility. The Stantec scope and pricing proposal is appended to this Agenda in its entirety. The greater share of the funding for this project has already been secured from federal and state (IDOT) sources and budgeted in the Transportation Fund (Contractual Services: 200- 30-37-6380) in 2023. Other capital grant awards committed to the transit center project are shown in the table below: Transit Facility Capital Grant Awards Award Capital Grant Awarding Agency Amount Spent Remaining CAP 19 Downstate Transit IDOT $ 150,000 $ 6,336 $ 143,664 Improvement Fund (DTIF) Grant Federal Transit Fed IL-90-X735 $ 864,742 $76,935 $ 787,807 Administration Il 2013 DTIF Grant IDOT $ 2,850,000 $ 0 $ 2,850,000 Rebuild I Grant IDOT $ 5,000,000 $ 0 $ 5,000,000 Rebuild II Grant IDOT $12,000,000 $ 0 $12,000,000 Total: $20,864,742 $83,271 $20,781,471 The $83,271 spent thus far is associated with expenses invoiced by Stantec for the site selection process in 2021 and 2022 and also accounts for Phase 1 of the Facility Design Project. As of March 27, 2023, the available funding for both facility design and construction is $20,781,471. Assuming approval of this agreement, up to $2,990,792 will be allocated for the design, leaving the remaining $17,790,679 for site development and construction costs. Additionally, the City’s Transit staff are preparing an application for further facility funding of $10,000,000 through the Federal Transit Administration’s 5339b Buses and Facilities Competitive Program. The purpose of this grant application is to allow for more “headroom” in the facility construction. Although the design plans will aim for a $25 million facility, the plans will be scalable to match the ultimate available funding. Should funding be awarded through the 5339 program, this important funding would be available in July 2023. Further, the Stantec services agreement includes assistance by the consultant in the City’s application for additional grant support. Stantec’s design schedule anticipates final design documents by June 1, 2024, with the construction RFP (request for proposals) released by July 1, 2024. Further conversation is needed with the consulting firm to formulate an aggressive timeline for the construction phase and completion. City Council approval is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Regular Meeting Agenda March 27, 2023 Page 4 of 8 4. Resolution 2023-036 Authorizing the Waiver of Competitive Bidding and Awarding the Purchase of Three Cardiac Monitors and Additional Items to Place the Monitors in Service from Zoll Medical Corporation in an Amount Not to Exceed $93,361.11 Using Ground Emergency Medical Transportation (GEMT) Funding (Fund 130). City Manager’s Summary: The Illinois Department of Public Health (IDPH) requires cardiac monitors in all front line, advanced life support (ALS) vehicles. Currently the Fire Department has six Zoll X-series monitors: four were purchased in 2016 and two in 2020. These monitors equip the department’s six ALS ambulances. The Fire Department is requesting authorization to purchase three new Zoll cardiac monitors to outfit the Department’s three front line engines (“first out” at each station) to remain compliant with IDPH requirements. Further, the Fire Department requests that the City Council waive competitive bidding and approve the purchase of three Series X cardiac monitors, cuff kits, and batteries from Zoll Medical Corporation to match up with the existing monitors (and applicable training). A savings of $9,169.65 (about 10%) can be realized if the order is placed before a price increase on April 1. City Council approval is recommended. (click here for additional information) 5. Resolution 2023-037 Authorizing the Purchase of a Set of Six Steril Koni Column Lifts with Appropriate Accessories from Safetylane Automotive Equipment in an Amount Not to Exceed $101,092.12 Utilizing Ground Emergency Medical Transportation (GEMT) Funding (Fund 130). City Manager’s Summary: In recent years the Fire Department has out-sourced preventative maintenance and repairs on its front-line ambulances and engines. These contractual costs have been rising. In FY2021 the overall outsourcing of the Fire Department’s vehicle repairs totaled over $87,000 and in FY2022 the total increased to about $92,000. Until the City’s enrollment in the GEMT program, an essential requirement for bringing more of the heavy- duty repair costs in-house has been the cost of a separate vehicle lift. In-ground lifts are very expensive and would take up limited space in the City’s maintenance shop. In recent years, testing agencies have certified “mobile” lifts that can be placed anywhere in a shop on a firm surface. Instead of one large hydraulic lift upon which the mechanic drives the vehicle, the mobile approach involves four or six separate column lifts that raise a vehicle simultaneously. As the name of the vendor – Safetylane – suggests, this type of equipment is gaining popularity in test lanes and other smaller shops and carries all the requisite safety ratings. The attached quote provides a set of six lifts with the related electrical control boxes on each column. The overall lift rating – 111,000 pounds – is sufficient to raise the Department’s extension ladder truck (“Rip Roaring”) evenly and with ease. Assistant Public Works Director Andy Raih and Fire Chief Mike Thomas conceived this potential collaboration and longer-term cost savings. The quote from Safetylane Automotive Equipment of Maxwell, Indiana, is $101,092.12, which can be covered by an amendment to the FY2023 GEMT budget, which has adequate reserves for this expenditure. A related question is whether the collaboration offers a dedicated employee who can focus time on the steady pace of repairs on the Fire fleet, without diminishing the mechanical output of the Public Works garage. Assistant Director Raih and Chief Thomas have proposed the following: Assistive services, including hearing assistance devices, available upon request. 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Regular Meeting Agenda March 27, 2023 Page 5 of 8  The FY2023 Fire Department budget includes $75,000 in line item 100-25-28-61700 for contractual maintenance and repair of Fire vehicles. To date, the Fire Department line item has incurred $19,583 in contractual expenses.  The remaining $55,417 is sufficient to hire a qualified mechanic within the Public Works Department for the balance of the current fiscal year. This mechanic’s first duty – barring a more pressing emergency – would be the repair of the routine line-up of Fire fleet vehicles in any given week. City Council approval of the new column lifts and personnel commitment in FY2023 is recommended. The FY2023 Budget amendment can be brought forward to the Council later this Spring as a few other FY2023 fiscal commitments are clearer. (click here for additional information) 6. Resolution 2023-038 Approving an Agreement for Architectural/Engineering, Planning and Special Services, and Design Phase Services with Crawford, Murphy and Tilly, Inc. for Project DKB-4924 for the Removal and Replacement of a Portion of the Aircraft Parking Apron at the DeKalb Taylor Municipal Airport in an Amount Not to Exceed $47,000 (650-00-00-83900). City Manager’s Summary: On February 13, 2023, the City Council approved the 2024-2028 Airport Transportation Improvement Project (TIP). On that TIP, Project DKB-4924 is scheduled in 2024 to remove and replace a portion of the aircraft parking apron at the DeKalb Taylor Municipal Airport at the total estimated cost of $940,000. The City’s budgeted share of this cost is 5%, or $47,000, and covers a portion of the design cost for this repair work. To begin the project, Council needs to approve the attached Illinois Department of Transportation, Division of Aeronautics (IDOT-DOA), Standard Agreement for Consultant Services at Illinois Airports for Architectural/Engineering (A/E), Planning and Special Services with Crawford, Murphy and Tilly, Inc. IDOT-DOA has reviewed and approved the Planning and Special Services and Design Phase Services agreement. City Council approval is recommended. (click here for additional information) 7. Resolution 2023-039 Approving an Agreement for Architectural/Engineering, Planning and Special Services, and Design Phase Services with Crawford, Murphy and Tilly, Inc. for Project DKB-5063 for the Rehabilitation of Runway 9/27 at the DeKalb Taylor Municipal Airport in an Amount Not to Exceed $132,000 (650-00-00- 83900). City Manager’s Summary: As part of the 2024-2028 Airport TIP plan approved by the Council in February, the Council approved Project DKB-5063 to Rehabilitate Runway 9/27 at DeKalb Taylor Municipal Airport for a total estimated cost of $2,640,000, including the City’s 5% contribution of $132,000 for design purposes. To begin the project, the Council needs to approve the attached IDOT-DOA Standard Agreement for Consultant Services at Illinois Airports for Architectural/Engineering (A/E), Planning and Special Services with Crawford, Murphy and Tilly, Inc. IDOT-DOA has reviewed and approved the Planning and Special Services and Design Phase Services agreement. The DeKalb Airport Runway 9/27 (4,201’x75’) supports the full range of general aviation aircraft, from small piston-powered single-engine flight training aircraft through larger corporate, charter, and cargo aircraft that regularly frequent the airport. Runway 9/27 was newly constructed and completed in 2000. During the 23-year life of this second runway, the Assistive services, including hearing assistance devices, available upon request. 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Regular Meeting Agenda March 27, 2023 Page 6 of 8 pavement has exceeded its design life as reported in the most recent IDOT-contracted Pavement Condition Index (PCI) survey performed in 2020 which rated the runway pavement. The runway pavement has shown distresses related to alligator cracking, block cracking, longitudinal cracking, transverse cracking, raveling, and general weathering impacts normal for a pavement of this age. The estimated PCI value of 52/100 is well below the 70/100 minimum, indicating that rehabilitation is warranted. City Council approval of the attached resolution is recommended. (click here for additional information) 8. Resolution 2023-040 Authorizing Subrecipient Agreements with Children's Learning Center, Elder Care Services, Hope Haven, and Safe Passage in the Total Amount of $60,000 for Community Development Block Grant (CDBG) Year 2023 Public Services Funding from April 1, 2023, through March 31, 2024. City Manager’s Summary: As Community Services Coordinator Jennifer Yochem writes in her attached memorandum, on January 23, 2023, the Council approved the City’s Community Development Block Grant (CDBG) annual action plan for the period April 1, 2023, through March 31, 2024. A part of that plan was dedicated to the support of “public services,” i.e., other agencies providing direct services to qualified residents. The U.S. Department of Housing and Urban Development (HUD) guidelines cap this portion at 15% of the City’s total annual grant. The following agencies are recommended for funding: Funding Recommended Agency Program Description Requested Funding Children’s Learning Subsidies to low-income families for $15,000 $15,000 Center (CLC) transportation of children between their homes and/or school and day care. Elder Care Operating funds for the Choices for Care $10,000 $ 10,000 Services (ECS) program for elderly individuals to assess their needs and link them with appropriate agencies, benefits, and services. Hope Haven Operating funds for emergency shelter services $20,000 $18,000 for homeless individuals and families. Safe Passage Operating funds for emergency shelter services $20,000 $17,000 for victims of domestic violence and their children. Voluntary Action Funds to provide cold, frozen, and/or shelf-stable $15,000 $0 Center (VAC) meals and/or supplements for low-income seniors who reside in subsidized housing in the City. Total: $80,000 $60,000 City Council approval is recommended. (click here for additional information) 9. Resolution 2023-041 Approving an Agreement for a Deed in Lieu of Foreclosure (807 Oak Street). City Manager’s Summary: For the past four years, the City has demolished abandoned and distressed properties with Illinois Housing Development Association (IHDA) monies or federal Community Development Block Grant (CDBG) monies to remove blighted structures from older neighborhoods and to provide an opportunity for local families to purchase a vacant lot on which to build an affordable home. A distressed home at 807 Oak Street was an eligible candidate for demolition under the IHDA Strong Communities Program Grant. Jennifer Assistive services, including hearing assistance devices, available upon request. 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Regular Meeting Agenda March 27, 2023 Page 7 of 8 Yochem, the City’s Community Services Coordinator, City Attorney Matthew Rose, Director of Streets and Facilities Andy Raih, and the City’s Building Department have collaborated in the identification of this property, its qualification under the IHDA program, and the demolition of the distressed home. The attached agreement is for the City to accept a deed to the property in lieu of foreclosing on its demolition lien of approximately $17,750. The property is now vacant, but its lot size is too small to allow for the development of a single-family home under the UDO’s existing regulations. Nevertheless, the City hopes to restore the property to the tax rolls in the near future. City Council approval is recommended. (click here for additional information) L. ORDINANCES – SECOND READING None. M. ORDINANCES – FIRST READING 1. Ordinance 2023-016 Amending Chapter 38 “Intoxicating Liquors”, Section 38.27 “Gambling Devices”, as it Pertains to Video Gaming Establishments and Video Gaming Terminals. City Manager’s Summary: At the last regular meeting of the DeKalb City Council on March 13, the Council built a consensus around the following general preferences with respect to video gaming terminals in the City of DeKalb: 1. A working limit of 10 licensed video gaming establishments (VGEs). The years-long deferrals of the Blue Ridge licenses and the delays in state licensing for other Council- approved VGEs have confounded the best efforts to establish a hard line between conditional and fully licensed VGEs. With a further extension for the Blue Ridge licensure (through Resolutions 2023-022 and Resolution 2023-2023) on March 13, the current limit of 10 has been met, but the Council has additionally permitted the conditional licensure for CJ’s Gaming Bar, pending approval of a state gaming license. 2. The allowance of VGTs in businesses holding a Bar liquor license.  There are five existing businesses that would be eligible that presently do not have VGTs – Keg & Kernel, La Calle, Lord Stanley’s, Tapa La Luna, and The Grove Tavern.  New Bar liquor licenses could apply for VGTs, which would be vetted by Council prior to issuance. 3. No VGTs in gas stations, food and fuel establishments, or liquor stores. 4. Prohibition of VGT licenses in current and future restaurants. 5. The maximum number of VGTs in any licensed establishment shall be six. If approved, the attached ordinance would codify these preferences. City Council approval is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Regular Meeting Agenda March 27, 2023 Page 8 of 8 N. REPORTS AND COMMUNICATIONS 1. Council Member Reports. 2. City Manager Report. O. EXECUTIVE SESSION None. P. ADJOURNMENT REGULAR AGENDA PACKET MARCH 27, 2023 Assistive services, including hearing assistance devices, available upon request. 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 current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings.