City Council

DEKALB CITY COUNCIL AGENDA REGULAR MEETING MAY 22, 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: National Public Works Week, May 21 – May 27, 2023. 2. Proclamation: National Emergency Medical Services Week, May 21 – 27, 2023. 3. Proclamation: Older Americans Month – May 2023. 4. Presentation by Sam Schwartz Consulting Regarding the Comprehensive Study of the Potential for Commuter Rail To and From DeKalb. City Manager’s Summary: On October 19, 2022, the City of DeKalb circulated a Request for Proposals (RFP) to solicit professional proposals for a commuter rail feasibility study. On January 9, 2023, the Council considered two responses to the RFP from Chicago-based firms and awarded the consulting contract to Sam Schwartz Consulting in the amount of $98,379. On April 10, Matt Orenchuk, a principal of Sam Schwartz, presented partial findings of a three- phased study. On May 22, the firm will present an executive summary of a report (attached), which includes results from all three phases of the study, including cost estimates. Why bother with a study concerning the feasibility of re-instituting commuter rail in DeKalb when the assumption has been that a commuter rail extension could not be supported by demand or available funding? There were several thoughtful reasons offered by the City Council and the Northern Illinois University (NIU) administration, a valuable partner in this venture, when the contract reached the Council agenda in early January: a. Although DeKalb area residents are very much reliant on personal vehicles to travel to and from destinations to the east, many – including numerous NIU students – do not own cars and instead rely upon public transportation or private livery services to travel such distances. In this regard, the nearest commuter rail station is in Elburn, where the Metra 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 May 22, 2023 Page 2 of 16 Union Pacific West (UP-W) line ends. The City’s bus system has historically offered infrequent rides to and from Elburn on Fridays and Sundays. b. DeKalb has recently experienced an increase in economic development. A Metra extension would knit DeKalb more fully into the Chicago marketplace, attracting further industrial and commercial investment in the city while also attracting and retaining talented residents with career ambitions. c. NIU, the largest employer in the city, designated by the Carnegie Foundation as a research institution (“high research activity”), and part of the economic engine of the city, is the only state school in Illinois without access to a rail station. A Metra extension would allow NIU to recruit staff, faculty and students more easily. d. Fourteen percent of current NIU students have permanent residence in the western suburbs, and many are the first-generation in their families to attend college. Metra would provide a connection to and from home and lower barriers to access educational opportunities at NIU. e. Having a Metra station would quite literally put DeKalb on the map, demonstrating its proximity and connection to the Chicago Metropolitan Area. The commuter rail study was conducted to determine the costs and overall feasibility of the extension. The key findings follow. KEY FINDINGS Travel Market: Approximately 10,800 people travel daily between DeKalb County and the communities along the UP-West line (including the City of Chicago). Current Service: The Metra Union Pacific West line operates between Elburn and Ogilvie Transportation Center in downtown Chicago. As of April 2023, there are approximately 23 weekday, 10 Saturday, and 9 Sunday round trips between Elburn and Chicago. Expected Travel Time: An extension from Elburn to DeKalb would add approximately 20 minutes to the Metra trip in one direction. Travel time from DeKalb to Ogilvie Transportation Center would be between 90 and 105 minutes on weekdays. Potential Service: The study explored three potential schedules with extensions to DeKalb, one with four round trips per day, one with 12 round trips per day, and one with 16 round trips per day. The study also considered four round trips per day for weekend service. Potential Ridership: A high-level estimate of ridership was conducted based on the overall travel market between DeKalb and the Chicago Metropolitan Area. The expected ridership is 259 daily trips on weekdays and 189 daily trips on weekends. The ridership was not tested against theoretical service levels. The City is testing potential ridership by expanding its daily bus trips to and from Elburn. Such expansion since mid-January has had an almost immediate impact on ridership: from 2019-2022 the average monthly ridership was 240; in the first four months of 2023 the bus ridership was up 112% compared to the same period in 2022. Key Stakeholders: There are three key stakeholders on this project. Union Pacific owns the track between Elburn and DeKalb and would need to give permission for Metra to extend service. Metra operates the UP-W service and would need to agree to extend the service. 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 May 22, 2023 Page 3 of 16 Chicago RTA oversees the finance and funding of transit in the Chicago area and would also need to agree to the extension. Operating Costs: DeKalb would need to purchase service from Metra for operation of the line into DeKalb County since it is outside the Chicago RTA service area. The estimated annual operating cost of the service to DeKalb would be between $8.2 and $12.8 million (2023 dollars) for the “medium” level of service detailed below: Low Cost: 4 roundtrips on weekdays Medium Cost: 12 roundtrips on weekdays High Cost: 16 roundtrips on weekdays Potential Add-On: 4 roundtrips on weekends The “medium” operating requirements are further detailed in the following table: Low (4 R/T) Medium (12 R/T) High (16 R/T) Weekend Daily Trips 8 24 32 8 Daily Train Hours 2.67 8.00 10.67 2.67 Daily Car Miles 1066 3197 4262 1066 Annual Train Hours 680 2040 2720 277 Annual Car Miles 271,728 815,184 1,086,912 110,822 The relevant annual operating costs for each service option are shown below. Assuming the City chose the “middle” ground, the overall annual operating cost would be an estimated $10.99 million: Low Cost* $8.15 $10.71 $11.99 $0.52 Medium Cost* $8.25 $10.99 $12.36 $0.56 High Cost* $8.37 $11.35 $12.84 $0.61 *2023 costs in millions of dollars. Capital Costs: DeKalb would need to pay for infrastructure improvements to accommodate passenger service between Elburn and DeKalb. The estimated cost of the improvement is between $257 and $385 million (2023 dollars), and includes a third mainline track, retaining walls, rehab of the existing DeKalb station, and new trainsets to accommodate the schedule. The following table further details the potential capital costs, still under discussion with Metra: Category Description Estimated Cost 10 Guideway and Track Elements $87,959,000 20 Stations, Stops, Terminals, Intermodal $5,000,000 30 Support Facilities, Yards, Shops, Admin Bldgs. $1,000,000 40 Sitework and Special Conditions $41,098,000 50 Systems $26,307,000 60 R.O.W., Land Improvements $4,647,000 70 Trainsets (24 cars @$3.6 MM ea. + 3 engines @ $1.5MM ea. $90,900,000 Subtotal: $256,911,000 80 Professional Services TBD 90 Unallocated Contingency 50% $128,455,500 Total Without Professional Services $385,366,500 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 May 22, 2023 Page 4 of 16 With respect to the potential capital investment needed to initiate a Metra service extension to the city, we know that:  An extension of the Metra UP-West line would require construction and use of approximately 15-miles of “third” track owned and maintained by Union Pacific Railroad once built. Union Pacific must give permission for Metra to operate on this track.  UP has indicated that various sidings and crossovers would help with operational capacity before granting Metra the right to operate service to DeKalb. The feasibility study is still investigating the capital cost of these improvements.  The current historic station in downtown DeKalb would be rehabilitated to serve the commuting public.  The Union Pacific storage yard just west of the Peace Road overpass has a right-of-way between 200 and 230 feet and would provisionally provide adequate space for the storage of operating “train sets.” 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 May 22, 2023 Page 5 of 16 Additional Governance: DeKalb would need to determine how best to pay for capital and operating costs for the extension. The two leading possibilities are to create a mass transit district or petition to become part of the RTA service area. If the potential sources of funding rely on the formation of a local Mass Transit District as defined in 70 ILCS 3610/1 et passim, some key legal parameters are as follows:  The District may be composed of one or more municipalities or one or more counties or any combination thereof;  The District may have a boundary that encloses an area of contiguous land, known as a participating area, which does not strictly conform to the boundaries of counties or other political subdivisions;  Districts may be created by ordinance approved by a majority vote of the corporate authorities of the participating municipalities and counties;  Subject to approval by referendum, the District may levy a tax on property within the District at the rate of no greater than .25% (1/4 of 1 percent) of the assessed value of such property;  The District may acquire property, receive grants and loans from any private or public entity, and issue revenue bonds.  If the District is consistent with the jurisdictional boundaries of a county, the presiding officer of the county board, with the advice and consent of the board, shall appoint 5 Trustees, not more than 3 of whom may be affiliated with the same political party. If the District extends to multiple counties, the number of Trustees shall be in proportion to the number of residents of the District who reside in a particular county. The Board would have the right of eminent domain and the authority to operate, improve, own, and manage the pertinent facilities, rail cars, buildings and track equipment necessary to operate the transit connection to DeKalb. 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 May 22, 2023 Page 6 of 16 NEXT STEPS Public Engagement In Mid-April, the Consultant conducted “tabling sessions” at NIU’s Holmes Student Center and the DeKalb Public Library to answer public questions about the purposes and initial ridership findings. On Tuesday, May 23, there will be an open house at the DeKalb Public Library from 6:00 p.m. to 8:00 p.m. to invite the general public to hear a short presentation on the overall findings and invite informal questions and answers around the various graphics that will be on display. On Thursday, May 25, the Consultant will hold a Zoom Q&A through the Teams format for any interested members of the public. This virtual open house will likewise feature a brief presentation at the outset to provide context for persons just hearing about the initiative. The virtual open house will be recorded for viewing on the City’s website. Further Planning To keep moving through the feasibility stage, a Planning and Environmental Linkages (PEL) study would be the next step. Such studies consider economic and environmental impacts of potential rail corridor projects. A PEL study for the proposed DeKalb-Elburn UP corridor would cost in the range of $500,000 to $750,000, with a local share of about 20% (i.e., $100,000). Search for Potential Funding Support Additionally, preliminary conversations with state and federal officials to share the results of the initial feasibility study are in order to learn more details about potential state and federal capital grants for a commuter rail extension. During the study process of the past 4 months, both Metra and Union Pacific have been very responsive in helping the study team, which includes NIU Chief of Staff Matt Streb and Dan Streed, NIU Director of Organizational Effectiveness. The City Manager recommends consultation with the City’s NIU partners to determine their appetite for the more expensive feasibility work that is likely to be required for more serious Metra and UP consideration. (click here for additional information) E. PUBLIC PARTICIPATION F. APPOINTMENTS 1. Appointment of Andre Powell as Chair of the Human Relations Commission for the Completion of a Two-Year Term through December 31, 2024. 2. Appointment of Tom Riley to the Citizens’ Environmental Commission for the Completion of a Two-Year Term through December 31, 2024. 3. Appointment of Brandon Elion to the Citizens’ Community Enhancement Commission for the Completion of a Three-Year Term through December 31, 2025. G. CONSENT AGENDA 1. Minutes of the Regular City Council Meeting of May 8, 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.  Regular Meeting Agenda May 22, 2023 Page 7 of 16 2. Accounts Payable and Payroll through May 22, 2023, in the Amount of $3,767,027.20. 3. Freedom of Information Act (FOIA) Report – April 2023. 4. Crime Free Housing Bureau Report. H. PUBLIC HEARINGS None. I. CONSIDERATIONS None. J. RESOLUTIONS 1. Resolution 2023-060 Authorizing a Five-Year Agreement with LRS for Refuse, Recycling, Yard Waste, Hazardous Household Waste and Electronics Recycling Collection Services. City Manager’s Summary: The City’s contract with LRS for collection of refuse, recyclables, and yard waste expires on August 31, 2023. The current five-year agreement began on September 1, 2018. To secure a new refuse services agreement, a Request for Proposals (RFP) was released on March 17, 2023. Responses were received from two highly qualified refuse contractors, LRS and Waste Management. Both companies have extensive experience in the refuse and recycling industry, and a proven track record of successfully servicing cities similar in size and scope to DeKalb. Background Assistant Director of Public Works Bryan Faivre has prepared a very thorough and detailed examination of the competitive bids opened by the City on April 26. Mr. Faivre’s report is attached in its entirety. The City’s Refuse Contract provides residential refuse, recycling, yard waste, hazardous household waste (HHW) and electronics recycling collection services to over 9,130 residential accounts. Refuse, recycling, and yard waste collection services are provided on a weekly basis, whereas household hazardous waste (HHW) and electronics recycling are currently provided on an on-demand schedule. The costs associated with refuse services are passed directly on to residents through the City’s bi-monthly water and sewer bill and the city-wide collections are then passed on to the refuse contractor. In addition, the refuse fee charged to residents includes a nine percent (9%) administration fee, to offset costs associated with City management of the billing and collection of refuse-related services. The Central Business District (CBD) refuse and recycling collection services are also included in the refuse contract. The City maintains five refuse corrals in the CBD that house large refuse and recycling dumpsters, and numerous individual refuse containers strategically placed on sidewalks throughout the downtown area. The corrals and individual refuse containers are serviced by the contractor several times a week. The cost for this service is billed directly to owners of businesses and residential apartments within the CBD through their City utility bill. 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 May 22, 2023 Page 8 of 16 Several other municipal refuse services are contained in the current contract including the disposal of bulk leaf and street sweepings collected by City crews, as well as the disposal of the City “spoils” pile which grows from the City’s underground repair work during the year. The RFP required respondents to provide a five-year price proposal for residential and CDB refuse collection, along with pricing for the various municipal refuse services as mentioned above. Specifically, the RFP requested pricing for a more regular collection of household hazardous wastes such as worn electronic equipment, empty paint cans, etc. A comparison of the bid results follows: Basic Residential Refuse Services LRS Waste Management Bid Comparison Comparison of Includes: Refuse, Recycling, Yard Bids to Waste, HHW and Electronics Recycling Current Rate (per/mo.) Monthly Annual Monthly Annual Difference Percent Current Rate Increase Rate Increase (per month) Difference Rate LRS WM September 1, 2023 - August 31, 2024 $21.50 $26.25 $4.75 22.09% $17.20 $4.30 $9.05 September 1, 2024 - August 31, 2025 $21.95 2.10% $27.57 5.00% $5.62 25.60% September 1, 2025 - August 31, 2026 $22.93 4.50% $28.95 5.00% $6.02 26.25% September 1, 2026 - August 31, 2027 $23.96 4.50% $30.39 5.00% $6.43 26.84% September 1, 2027 - August 31, 2028 $25.04 4.50% $31.91 5.00% $6.87 27.44% Central Business District LRS Waste Management Bid Comparison Comparison of Bids to Current Rate (per/mo.) Monthly Annual Monthly Annual Difference Percent Current Rate Increase Rate Increase (per month) Difference Rate LRS WM September 1, 2023 - August 31, 2024 $2,207.50 $3,272.00 $1,064.50 48.22% $1,766.00 $441.50 $1,506.00 September 1, 2024 - August 31, 2025 $2,306.84 4.50% $3,436.00 5.00% $1,129.16 48.95% September 1, 2025 - August 31, 2026 $2,410.65 4.50% $3,608.00 5.00% $1,197.35 49.67% September 1, 2026 - August 31, 2027 $2,519.12 4.50% $3,788.00 5.00% $1,268.88 50.37% September 1, 2027 - August 31, 2028 $2,632.48 4.50% $3,977.00 5.00% $1,344.52 51.07% Street Sweeping Roll Off LRS Waste Management Monthly Annual Monthly Annual Rate/Cu. Yd* Increase Rate/Ton Increase September 1, 2023 - August 31, 2024 $11.50 $78.00 September 1, 2024 - August 31, 2025 $12.00 4.35% $81.90 5.00% September 1, 2025 - August 31, 2026 $12.55 4.58% $86.00 5.00% September 1, 2026 - August 31, 2027 $13.11 4.46% $90.30 5.00% September 1, 2027 - August 31, 2028 $13.70 4.50% $94.82 5.00% *cubic yard = approximate 0.75 - 1.5 tons 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 May 22, 2023 Page 9 of 16 Property Maintenance LRS Waste Management Clean Up Services (2-Person Crew and Vehicle) Monthly Annual Monthly Annual Rate Increase Rate Increase September 1, 2023 - August 31, 2024 $190.00 $202 + $15.00 cu/Yd September 1, 2024 - August 31, 2025 $220.00 15.78% $212 + $15.75 cu/Yd 5.00% September 1, 2025 - August 31, 2026 $240.00 9.09% $223 + $16.54 cu/Yd 5.18% September 1, 2026 - August 31, 2027 $260.00 8.33% $234 + $17.37 cu/Yd 5.00% September 1, 2027 - August 31, 2028 $280.00 7.69% $246 + $18.24 cu/Yd 5.12% Leaf Collection Disposal LRS Waste Management Monthly Monthly Annual Rate cu. Annual Rate cu. Yd Increase Yd Increase September 1, 2023 - August 31, 2024 $8.00 $7.79 September 1, 2024 - August 31, 2025 $8.44 5.50% $8.18 5.00% September 1, 2025 - August 31, 2026 $8.90 5.45% $8.58 4.89% September 1, 2026 - August 31, 2027 $9.40 5.62% $9.01 5.01% September 1, 2027 - August 31, 2028 $9.90 5.32% $9.46 5.00% Spoils Pile Disposal LRS Waste Management Price per Cubic Annual Price Annual Yard* Increase per Ton Increase September 1, 2023 - August 31, 2024 $55.00 $62.34 September 1, 2024 - August 31, 2025 $58.00 5.45% $65.46 5.00% September 1, 2025 - August 31, 2026 $62.00 6.90% $68.73 5.00% September 1, 2026 - August 31, 2027 $66.00 6.45% $72.17 5.00% September 1, 2027 - August 31, 2028 $69.00 4.55% $75.77 5.00% *cubic yard = approximate 0.75 - 1.5 tons Bid Summary Residential Refuse Service A review of the bids indicates that residents will see an increase in the costs of residential refuse collection services compared to current rates. LRS proposed an initial cost of $21.50 per month for the first year, which is $4.30 per month (25%) higher than the current rate of $17.20. The LRS proposal includes a 2.1% increase after the initial year, followed by three succeeding 4.5% annual increases. Waste Management (WM) proposed an initial price of $26.25 per month, or $9.05 (42%) over the current rate, with annual increases of 5.0% over the term of the five-year contract. Accepting the low bid from LRS, and including the 9% administrative fee, will result in the monthly residential refuse service rate increasing from $18.75 to $23.44, or an increase of $4.69 per month. 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 May 22, 2023 Page 10 of 16 Even with the proposed increase, refuse rates paid by the residents of DeKalb are favorable when compared to surrounding communities. The table that follows shows DeKalb’s refuse rate compared to other communities, assuming approval of the low bid by LRS. Comparisons were based on similar refuse services provided to DeKalb which include unlimited refuse, recycling, yard waste, electronics and HHW disposal. Variations of services in other communities have been noted. An examination of contract expiration dates should be considered, as contracts of comparable cities are set to expire in 2023 or 2024, and future contracts will likely increase their pricing as well. Refuse Disposal Yard Waste Disposal Total Other Misc. Disposal Contract Information Combined Rate/month Maximum Maximum Refuse, Bulk Quantity Quantity Recyl. Items Expiration Community Rate/mo. Allowed Rate/mo. Allowed Recycling & Yard Waste Electronics HHW Pickup Contractor Year Batavia $27.06 95/gal.** $32.27 65/gal.** incl. $59.33 *not incl. incl. *not incl. WM 2023 St. Charles $22.96 95/gal.** $29.81 65/gal.** incl. $52.77 *not incl. not incl. *not incl. LRS 2023 Geneva $22.60 95/gal.** $29.81 65/gal.** incl. $52.41 *not incl. not incl. *not incl. LRS 2023 Sycamore $23.93 unlimited incl. unlimited incl. $23.93 incl. incl. incl. (2/wk) WM 2023 DeKalb $23.44 unlimited incl. unlimited incl. $23.44 incl. incl. incl. (2/wk) LRS 2028*** Elburn $19.60 unlimited incl. unlimited incl. $19.60 *not incl. not incl. incl. (1/wk) LRS 2023 Elgin $19.30 64/gal** *not incl. *not incl. incl. $19.30 incl. incl. *not incl. WM 2024 * Requires stickers at additional cost ** Requires stickers if more than one refuse tote is used, at additional cost *** Assumes approval of 5-year agreement with LRS (initial rate used in comparison) Central Business District (CBD) Refuse Service The current CBD refuse rate charged by LRS is $1,766 per month. The low bid received from LRS would increase the initial cost to $2,207.50 per month, with annual increases of 4.5% thereafter. By contrast, WM proposed a monthly cost of $3,272.00 with annual increases of 5.0% over the term of the agreement. Charges for downtown refuse collection are passed on directly to property owners within the CBD through the City’s utility bill. The cost is divided between properties within the CBD, based on a three-tier system that weighs anticipated refuse streams generated by the various property uses (restaurant, general commercial, and residential.) The table that follows depicts the impact to refuse costs in the CBD based on acceptance of the low bid by LRS: Current New CBD Rate CBD Rate Central Business District $1,766/mo. $2,207.50/mo. Tier Tier Type Rate/month Rate/month 1 Restaurant $55.19 $69.00 2 General Commercial $16.55 $20.69 3 Residential $5.52 $6.90 Municipal Disposal Services Unlike residential and CBD refuse services whose costs are passed directly onto property owners and collected through the City’s utility bill, municipal refuse services are paid directly to the refuse contractor by the City. These include the disposal of street sweepings, spoils, and bulk leaf disposal along with the occasional abatement of extraordinary debris on private property ordered by the municipal hearing officer. A review of the bids received for these 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 May 22, 2023 Page 11 of 16 services shows LRS to be the low bidder. The cost of these services proposed by LRS are similar to the current rates charged with little to no significant change. Other Service Components Each of the service categories described above highlights a direct service to customers at a price paid by the customers. Are there “value-added” services not included in these categories which may benefit local customers at no direct cost? Yes. These would include the following: a. Pickup Accuracy. Residents count on having their most obnoxious home refuse removed on a regular and reliable basis, without fail. In this regard, Waste Management has an industry-leading accuracy. b. Environmental Sustainability.  Fleet Emissions. Nation-wide, Waste Management has a corporate goal of a fleet made up of 70% alternative fuel vehicles by 2025, of which 50% would be fueled by natural gas. The WM proposal committed to a local fleet fueled entirely with compressed natural gas by 2026.  Smaller, Leak-Proof Vehicles. All of the Waste vehicles are fully enclosed and designed to be leak-proof with self-contained mechanisms to compress the collected materials, rather than open-shell compactors. This means less risk of spills and street damage.  Home-Generated Special Materials. Both bidders provide for the collection of household hazardous waste with prior scheduling, and every week-day pickups. c. Landfill Proximity and Availability. Waste Management’s local landfill in Cortland has approved authority to expand for generations. Notwithstanding the significant value-added features outlined in the Waste Management proposal, the City Manager recommends the award of the new, five-year contract from September 1, 2023, through August 31, 2028, to LRS by virtue of the significant difference in pricing offered across the essential customer services in their bid. (click here for additional information) 2. Resolution 2023-061 Authorizing Construction Services in the Amount of $461,392.90 for 290 Feet of Water Main Replacement on N. First Street Across the Kishwaukee River with a Project Total not to exceed $478,000. City Manager’s Summary: In the Fall of 2022, a Request for Bids (RFB) was released, and a bid opening was held on September 15, 2022, for the replacement of 290 feet of ten-inch water main which crosses the Kishwaukee River near the N. First Street bridge. Only one bid was received from Fischer Excavating in the amount of $769,869.20. This amount was significantly over the engineering estimate and the Council concurred in its rejection. At the time, the City Engineer recommended the consideration of new bids once the main was exposed during the bridge replacement project. The contracting firm of Herlihy Mid-Continent is well into the bridge replacement project and has construction equipment and crews on site every regular workday. The Public Works Department approached the contractor for a price to replace the main on the chance that savings could be achieved in terms of mobilization costs and any differential owing to the potential costs of working around another contractor while extending a new main section. 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 May 22, 2023 Page 12 of 16 Herlihy has quoted an aggressive price of $461,392.90 for the main replacement. In view of the favorable price and the timeliness in working with the prime contractor, the Public Works Department recommends waiving competitive bidding and accepting the Herlihy proposal in the amount of $461,392.90 for 290 feet of water main replacement on N. First Street across the Kishwaukee River. The funding for this project comes from the Water Capital Fund (620- 00-00-85000). City Council approval is recommended. (click here for additional information) 3. Resolution 2023-062 Authorizing the Award of a Contract to Curran Contracting Inc. in the Amount of $162,775.15 for the Resurfacing of Lucerne Lane with Staff Authority to Approve Change Orders Up to a Combined Project Total Not to Exceed $170,000. City Manager’s Summary: Community Development Block Grant (CDBG) monies may be utilized in certain scenarios for street maintenance tasks such as the removal and replacement of asphalt surface and sidewalk improvements. A portion of these funds can be used in a qualified DeKalb residential area such as Lucerne Lane which is in a very distressed condition. Bids were recently solicited by the City Engineer and one bidder – Curran Construction – responded as follows: Company Name Base Bid Alternate 1 Curran Contracting, Inc. $162,775.15 $38,480 The Alternate in this case was some additional concrete ramp replacement if the base bid for the asphalt paving was sufficiently low to allow some extra work in 2023. The Alternate bid would push the overall project price above the CDBG allocation so the work will be re-bid in advance of the 2024 construction season. The City Engineer requests additional spending authority up to $170,000 to approve change orders for contingency items such as minor quantity over-runs and unforeseen repairs. The CDBG funding can be found in Line Item 280- 00-00-83900 which will be augmented with carry-over CDBG “public facilities” funding from FY2022. City Council approval is recommended. (click here for additional information) 4. Resolution 2023-063 Authorizing the Award of a Contract to N-Trak Group, LLC. in the Amount of $188,632 for the Reconstruction of Various Annie Glidden North Sidewalk Ramps with Staff Authority to Approve Change Orders Up to a Combined Project Total Not to Exceed $190,000. City Manager’s Summary: A number of large apartment complexes exist in the vicinity of the intersection of W. Ridge Drive and Blackhawk Road, so the intersection is always busy during the daytime and into the evening hours with pedestrian crossings. For the safety of these pedestrians, City Engineer Zac Gill has conceived of some traffic calming improvements including some concrete “eyebrows” at the four corners of the intersection, not unlike the “eyebrows” installed in the City’s downtown in 2022 for some of the same safety reasons. These “eyebrows” will also bring the crossings up to current ADA standards. In addition, new striping for the crossing points and nearby on-street parking is included in the design. This work is eligible for CDBG funding as it would occur in a qualified census tract in which low-to- moderate income levels predominate. 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 May 22, 2023 Page 13 of 16 The City Engineer solicited bids for the work and received the following bids: Company Name Base Bid N-Trak Group, LLC $188,632 Elliot & Wood, Inc $257,715 The attached resolution authorizes an agreement with N-Trak Group, LLC in the amount of $188,632.00 for asphalt resurfacing at the intersection of Ridge and Blackhawk, along with concrete improvements at the four corners of that intersection, with staff authority to approve change orders up to a combined project total of $190,000. The funding for this project can be found in the CDBG Fund (Line Item 280-00-00-83900). City Council approval is recommended. (click here for additional information) K. ORDINANCES – SECOND READING None. L. ORDINANCES – FIRST READING 1. Ordinance 2023-020 Amending Chapter 23 “Unified Development Ordinance” (UDO) by Adding a “GS” Government Sanitary District and Associated List of Permitted Uses and Conditions of Use for the District and Amendments to Remove the Use “Sewage Treatment Facilities” from the SFR-1, SFR-2, TFR, MFR-1, MFR-2, and LI Zoning Districts. City Manager’s Summary: On October 24, 2022, the Council unanimously approved Resolution 2022-103 which replaced an intergovernmental agreement between the City and the Kishwaukee Water Reclamation District. In particular, the text of the new intergovernmental agreement replaced language reflective of an earlier generation that was built on competition over growth decisions and a general resistance toward merging the talents of maintenance crews or managers to solve problems on behalf of the citizens both taxing bodies serve. In fact, the inherent assumption in the former agreement was that the trained and licensed professionals of KWRD were somehow deficient in their dedication to the highest standards of construction, processing, safety, and community awareness. The recent agreement is a statement of cooperation based on professional respect. Regarding the award-winning expertise of the KWRD, upon its incorporation in 2017 the utility began a $55 million upgrade to its reclamation facility at 1301 Sycamore Road. The state-of- the-art facility created from this very substantial investment accomplished the following goals:  Replaced treatment infrastructure beyond its useful design life.  Improved biological treatment to ensure regulatory compliance with current and future water quality standards.  Improving water quality by removing contaminates.  Removing Phosphorus and Nitrogen which cause algal blooms.  Improved hydraulic efficiency. 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 May 22, 2023 Page 14 of 16  Added resource recovery and the creation of electrical power from sewage and other renewable resources to be a “net-zero” facility by 2025.  Created a facility footprint for the next 50 years.  Improved site safety and security.  Increasing excess flow (wet weather) treatment capacity. The new intergovernmental agreement that was jointly approved last October carried the expectation that a unique zoning designation would be created for the KWRD properties. The attached ordinance would approve a new “GS” Government Sanitary District which has been vetted by both the City and KWRD staffs. In the future, such a designation would be the conceptual model for other governmental zoning designations, such as the Park District or School District, for instance, which are currently shown on the 2022 Comprehensive Plan in an “institutional” color with no defining uses or conditions. The Planning & Zoning Commission reviewed this minor UDO revision on May 15 and recommended Council approval by a vote of 6 to 0. City Council approval of the Planning & Zoning Commission recommendation is requested. (click here for additional information) 2. Ordinance 2023-021 Authorizing an Amendment to the Special Use Permit Approved by Ordinance 2020-044 in Order to Extend the Timeframe for a Modular Classroom to Remain on the Site at 1121 School Street (Littlejohn Elementary School). City Manager’s Summary: The applicant, DeKalb Community Unit School District #428, is requesting approval of a petition to amend the Special Use Permit approved by Ordinance 2020-044 to extend the time frame for a modular classroom to remain on the site at Littlejohn Elementary School (1121 School Street) until August 15, 2025. On July 10, 2017, the City Council approved Ordinance 2017-31 to allow for the addition of a modular classroom just to the west of the existing school building. The Ordinance had a three-year time limit for the modular classroom to be on the site. In 2020, the City Council approved a three-year extension for the modular classroom which expires on June 22 of this year. It is the intention of CUSD #428 to have their new school at Normal and Ridge open by August 1, 2025, which would then relieve the pressure on Littlejohn School. The Planning & Zoning Commission considered the amendment to the District’s special use permit on May 15. By a vote of 6 to 0, the Commission recommended Council approval. City Council approval of the Planning & Zoning Commission recommendation is requested. (click here for additional information) 3. Ordinance 2023-022 Amending Chapter 52 “Offenses Against Public Peace – Safety and Morals”, Section 52.02 “Disorderly Conduct”, Section 52.130 “Parental Responsibility”, and Section 52.411 “Nuisance Gathering”. - City Manager’s Summary: During the week of May 7-13, local school and law enforcement officials responded to numerous incidents of fighting, bullying and threatening behavior by high school-aged juveniles. This behavior was alarming in itself, but particularly unsettling after a weekend in which the community learned of the brutal murder of a 15-year-old DeKalb 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 May 22, 2023 Page 15 of 16 High School student. On Wednesday, May 10, fighting erupted at DeKalb High School involving groups of juveniles whose uncontrolled behavior led to a lock-down by school officials, and required all available local law enforcement to restore order. The day was unusually warm and clear, and after school many of the same students, and other juveniles, began roaming the Annie Glidden North neighborhood, taking over yard areas first on Russell Road then roaming to other locations on Kimberly Drive, W. Hillcrest Drive, N. Annie Glidden Road, and Pappas Drive. At 722 N. Annie Glidden Road, an angry crowd of more than 50 people according to Police reports took over the basketball courts and after some pushing and shoving a juvenile was stabbed in the buttocks. Additionally, a fight broke out at Haish Gym at about the same time and juveniles had to be removed from the building. Before the lawless activity subsided at about 9:00 p.m., nearly all DeKalb Police, County Sheriff’s Deputies, Sycamore Police, and State Police on shift and available were engaged in restoring order. In some instances, juveniles boldly took punches at the officers or jumped on their backs as they tried to break up fights. The restraint of the law enforcement officers was noteworthy; the irresponsible and belligerent behavior of those juveniles who continued to roam and fight was very worrisome. In one stunning instance, the parent of a participating juvenile drove groups of juveniles from one location to another to ease their travel. The DeKalb schools were closed on Friday afternoon, May 12. At mid-afternoon, the DeKalb Police were called to disperse a group of about two dozen juveniles who were running wildly up and down the sidewalks in the Downtown area and running in and out of stores, alarming the shoppers and store owners/managers. The City’s Municipal Code currently has provisions dealing with disorderly conduct (Chapter 52, Section 52.02), nuisance gatherings (Chapter 52, Section 52.411) and parental responsibility (Chapter 52, Section 52.130). The disorderly conduct and nuisance gathering provisions primarily deal with adults aged 18 years or older; the parental responsibility section is devoted to the COMPASS Program (“Changing Outcomes by Making Parents Accountable, Successful, and Supported”) which addresses the continuous duty of parents to exercise reasonable control to prevent juveniles under the age of 18 from committing delinquent acts. Under the COMPASS provisions in the Municipal Code, if a minor commits a delinquent act, the parent shall be guilty of an ordinance violation if it can be proven that the non-performance of parental duty encouraged or contributed to a juvenile’s commission of that delinquent act. The focus of the attached ordinance is the aggressive and threatening behavior described above, and the responsibility of both juveniles as well as their parents or guardians to uphold the peace of their neighborhoods, classrooms, and any place where residents and visitors may choose to gather in DeKalb. The attached ordinance revisions give the Police more tools to address breaches of the peace in which minors aged 11-17 willfully or maliciously cause actual damage to people or real property within the City of DeKalb. Specifically, the attached Ordinance: a. Amends Section 52.02 (Disorderly Conduct) to provide additional violations consistent with the Illinois Criminal Code and other municipal codes which more clearly prohibit the “flash mob” conduct that occurred; b. Adds a new violation, Section 52.04, for failing to identity one’s self to a Police Officer or other authorized individual who has probable cause to issue an ordinance violation ticket; c. Adds a new violation, Section 52.130-5, making parents responsible for actual damages caused by the minor’s willful or malicious acts in a manner consistent with the Parental 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 May 22, 2023 Page 16 of 16 Responsibility Law (740 ILCS 115/1 et passim). The Illinois Parental Responsibility Law allows the City to recover up to $20,000 in actual damages and $15,000 in attorney’s fees if a parent is convicted under the law. d. Amends Section 52.411 (Nuisance Gathering) to more clearly prohibit the malicious juvenile conduct that has recently occurred. City Council approval is recommended. (click here for additional information) M. REPORTS AND COMMUNICATIONS 1. Council Member Reports. 2. City Manager Report. N. EXECUTIVE SESSION 1. Approval to Hold an Executive Session in Order to Discuss the Sale or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(6). O. ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA PACKET MAY 22, 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.