DeKalb Times

City of DeKalb City Council met Nov. 25.

Here is the minutes provided by the council:

The City Council of DeKalb, Illinois held a Regular City Council meeting on November 25, 2019, in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois.

A. CALL TO ORDER AND ROLL CALL

Mayor Smith called the meeting to order at 6 p.m.

City Clerk Lynn Fazekas called the roll, and the following members of City Council were present: Alderman Carolyn Morris, Alderman Bill Finucane, Alderman Tracy Smith, Alderman Greg Perkins, Alderman Scott McAdams, Alderman Tony Faivre, and Mayor Jerry Smith.

Alderman Mike Verbic was absent.

Staff present included: City Manager Bill Nicklas, Assistant City Manager Ray Munch, City Attorney John Donahue, and Principal Planner Dan Olson.

B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES

Alderman Perkins led the Pledge.

C. APPROVAL OF THE AGENDA

Mayor Smith asked Council for additions or deletions to the agenda. None were offered. 

MOTION

Alderman Morris moved to approve the agenda. Alderman Smith seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Morris, Finucane, Smith, Perkins, McAdams, Faivre, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the agenda passed.

D. PUBLIC PARTICIPATION

Dewayne Brown observed that DeKalb will benefit some $500,000 from the state due to the recent increase in the state motor fuel tax. Mr. Brown said if the local motor fuel tax then goes from 5.5 cents to 9.5 cents the cost of fuel in DeKalb will have a negative impact on local economic growth and won’t solve the real problems of wasteful spending and overstaffing. He asked Council to reject the proposal to raise the local fuel tax.

E. PRESENTATIONS

1. DeKalb County Community Gardens FY2019 Human Services Funding Report by Executive Director Dan Kenney.

Mr. Kenney described the growth of DCCG and its activities to reduce the “meal gap.” They now include a mobile food pantry, expansion of the Dresser Road garden sites DCCG manages, and provision for training in soft job skills that includes a trainee stipend.

2. Proclamation: 2019 Small Business Saturday – November 30, 2019.

Mayor Smith read a section of the proclamation, which urges support of local small businesses. He said he will present it to the local Small Business Association on Saturday.

3. Illinois High School Association Football Championship by Brad Hoey.

Mr. Hoey said this is the fourth time the city has hosted IHSA and that support of the city was instrumental in landing the event in 2012. Mr. Hoey played a brief video promoting the IHSA’s “Destination DeKalb.”

G. CONSENT AGENDA

1. Minutes of the Regular City Council Meeting of November 12, 2019.

2. Accounts Payable and Payroll through November 25, 2019, in the Amount of $1,867,394.29.

3. Investment and Bank Balance Summary Through September 2019.

4. Year-to-Date Revenues and Expenditures through September 2019.

5. Freedom of Information Act (FOIA) Report – October 2019.

Mayor Smith read each item and asked if a Council member wanted to remove any item for separate consideration. No such request was made.

MOTION

Alderman Perkins moved to approve the consent agenda. Alderman McAdams seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Finucane, Smith, Perkins, McAdams, Faivre, Morris, Mayor Smith. 

Nay: none. 

Absent: Verbic.

H. PUBLIC HEARINGS

1. Public Hearing: 2019 Annual Property Tax Levy.

Mayor Smith read the title of the public hearing and opened the hearing at 6:27 p.m.

As no member of the public had signed up or otherwise expressed a desire to speak, Mayor Smith closed the hearing at 6:28 p.m.

2. Public Hearing: Proposed FY2020 Budget.

Mayor Smith read the title of the public hearing and opened the hearing at 6:29 p.m.

City Clerk Lynn Fazekas spoke to two items on the budget, the Clerk’s budget and Finance budget. Clerk Fazekas said the Clerk’s budget she submitted was changed without her knowledge. She asked for the numbers to be restored for proper consideration by Council, and for the Clerk’s budget to be separated from the legislative budget so the public can see it and follow what happens to it. Clerk Fazekas also expressed concern over cutbacks in Finance that have left it without a full-time treasurer, comptroller, or finance director, and suggested Council might want to review current internal controls in view of the skeletonizing of the department. She also asked why only three full-time staff were budgeted for since the staffing plan calls for five.

Assistant City Manager Munch explained portions of some City salaries are covered by different funds, such as the Water Fund.

Mayor Smith closed the hearing at 6:46 p.m.

4. Public Hearing: Proposed Body Art Establishment Licensure for DeKalb Tattoo Company.

Mayor Smith read the title of the hearing and opened the hearing at 6:47 p.m.

Cassandra Smith, business owner and applicant for the license, said she’s worked in the establishment four years and been managing it for months.

Mayor Smith closed the hearing at 6:49 p.m.

I. CONSIDERATIONS

None.

J. RESOLUTIONS

1. Resolution 2019-152 Approving the Transportation Improvement Program (TIPS) for Federal Fiscal Years 2021-2025 at the DeKalb Taylor Municipal Airport.

Mayor Smith read the resolution by title only.

MOTION

Alderman Finucane moved to pass the resolution. Alderman Faivre seconded.

City Manager Nicklas explained the scope of the program, which involves a project to overlay a runway with assistance from Daley Policy Group to obtain the necessary grants. He also confirmed other projects could be added to the program via an approvals process.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Smith, Perkins, McAdams, Faivre, Morris, Finucane, Mayor Smith. 

Nay: none. 

Absent: Verbic.

2. Resolution 2019-153 Approving a Body Art Establishment License for DeKalb Tattoo Company, 817 W. Lincoln Highway.

Mayor Smith read the resolution by title only.

MOTION

Alderman McAdams moved to approve the resolution. Alderman Faivre seconded.

City Manager Nicklas said the proposal meets the criteria of public demand for the service, safety, and a location not sited too closely to other body art establishments.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Perkins, McAdams, Faivre, Morris, Finucane, Smith, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the resolution approved.

3. Resolution 2019-154 Authorizing the Sale of Real Property Located at 901 Sycamore Road (P.I.N. 08-14-401-013) in the Amount of $8,500.

Mayor Smith read the resolution by title only.

MOTION

Alderman Faivre moved to pass the resolution. Alderman Morris seconded. 

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: McAdams, Faivre, Morris, Finucane, Smith, Perkins, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the resolution approved.

K. ORDINANCES – SECOND READING

1. Ordinance 2019-071 Amending Chapter 38 “Intoxicating Liquor,” Section 38.18 “Catering Event Permits”.

Mayor Smith read the ordinance by title only.

MOTION

Alderman Smith moved to approve the ordinance. Alderman Faivre seconded.

City Manager Nicklas said this version includes Alderman Morris’ suggestion to drop the per-event fee.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Faivre, Morris, Finucane, Smith, Perkins, McAdams, Mayor Smith. 

Nay: none. 

Absent: Verbic.

L. ORDINANCES – FIRST READING

1. Ordinance 2019-074 Adopting Chapter 13 “Municipal Cannabis Retailers’ Occupation Tax”.

Mayor Smith read the ordinance by title only.

MOTION

Alderman Finucane moved to pass first reading. Alderman McAdams seconded.

Dewayne Brown said while he supports both a cannabis tax and zoning, he would like Council not to pass the full 3% allowed by the state, but to start at 1.5% or 2% to gain a competitive advantage.

Council discussion included DeKalb County’s decision to impose a.75% sales tax on recreational cannabis and what impact it might have on DeKalb’s ability to compete in the market if Council voted for 3% as presented in the ordinance. It was noted that costs (i.e., for law enforcement) versus proceeds are still unknown. There was a suggestion to revisit the tax rate in six months.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Morris, Finucane, Smith, Perkins, McAdams, Faivre, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared passage of first reading.

MOTION

Alderman Finucane moved to waive second reading and pass the ordinance. Alderman McAdams seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Finucane, Smith, Perkins, McAdams, Faivre, Morris, Mayor Smith. Nay: none. 

Absent: Verbic. 

Mayor Smith declared the ordinance passed.

2. Ordinance 2019-075 Amending Chapter 51 “Traffic”, Schedule C “Parking Prohibited”, and Section 33 “Resident Permit Parking Only, Tow Zone”, as it Pertains to a Parking Restriction for the Entirety of Hanna Court.

Mayor Smith read the ordinance by title only.

MOTION

Alderman Morris moved to pass first reading. Alderman McAdams seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Smith, Perkins, McAdams, Faivre, Morris, Finucane, Mayor Smith. 

Nay: none. 

Absent: Verbic.

MOTION

Alderman Morris moved to waive second reading and approve the ordinance. Alderman Perkins seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Perkins, McAdams, Faivre, Morris, Finucane, Smith, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the ordinance passed.

3. Ordinance 2019-076 Amending Chapter 51 “Traffic”, Schedule E “Limited Parking”, Section “Fifteen Minutes, Between 6:00 a.m. and 6:00 p.m.”, as it Pertains to Parking Restrictions on N. Second Street.

Mayor Smith read the ordinance by title only.

MOTION

Alderman Smith moved to approve first reading. Alderman McAdams seconded. 

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: McAdams, Faivre, Morris, Finucane, Smith, Perkins, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared passage of first reading.

MOTION

Alderman Smith moved to waive second reading and approve the ordinance. Alderman McAdams seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Faivre, Morris, Finucane, Smith, Perkins, McAdams, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the ordinance approved.

4. Ordinance 2019-077 Amending Chapter 66 “Motor Fuel Tax”.

Mayor Smith read the ordinance by title only.

MOTION

Alderman McAdams moved to approve first reading. Alderman Smith seconded.

City Manager Nicklas said there is no other recurring capital funding source for streets maintenance and fleet replacement.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Morris, Finucane, Smith, Perkins, McAdams, Faivre, Mayor Smith. 

Nay: none. 

Absent: Verbic.

MOTION

Alderman Finucane moved to waive second reading and approve the ordinance. Alderman McAdams seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Finucane, Smith, Perkins, McAdams, Faivre, Morris, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the ordinance passed.

5. Ordinance 2019-078 Authorizing the 2019 Levy and 2020 Collection of Taxes in and for the Corporate and Municipal Purposes and Special Service Areas of the City of DeKalb for the Fiscal Year 2020.

Mayor Smith read the ordinance by title only.

MOTION

Alderman Smith moved to pass first reading. Alderman Perkins seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Smith, Perkins, McAdams, Faivre, Morris, Finucane, Mayor Smith. 

Nay: none. 

Absent: Verbic.

MOTION

Alderman Perkins moved to waive second reading and approve the ordinance. Alderman McAdams seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: McAdams, Faivre, Morris, Finucane, Smith, Perkins, Mayor Smith. 

Nay: none. 

Absent: Verbic.

6. Ordinance 2019-079 Abating Taxes Levied for Corporate Purposes of the City of DeKalb, Illinois for the Tax Year 2019 (Bonds).

Mayor Smith read the ordinance by title only.

MOTION

Alderman Faivre moved to approve first reading. Alderman Finucane seconded.

City Manager Nicklas observed that the only debt not abated is the library’s debt.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Perkins, McAdams, Faivre, Morris, Finucane, Smith, Mayor Smith. 

Nay: none. 

Absent: Verbic.

MOTION

Alderman Smith moved to waive second reading and approve. Alderman McAdams seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Faivre, Morris, Finucane, Smith, Perkins, McAdams, Mayor Smith. 

Nay: none. 

Absent: Verbic.

7. Ordinance 2019-080 Adopting the Annual Budget of the City of DeKalb, Illinois for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 in the Amount of $101,864,270.

Mayor Smith read the ordinance by title only.

MOTION

Alderman Faivre moved to approve first reading. Alderman McAdams seconded.

City Manager Nicklas said this will result in a General Fund reserve of more than 26%. Alderman Morris asked about Finance Department structure, and checks and balances.

Assistant City Manager Munch explained he (Mr. Munch) is also the finance director. He identified the City’s senior accountant and accountant and said under them work the utility billing employee, an accounts payable/accounts receivable employee, and the front counter workers. He said he needs to hire a person for payroll. Mr. Munch identified the annual audit as the department’s checks and balances, along with multiple levels of approval for expenditures. And while he said he has no experience as an accountant, the assistant city manager characterized himself as an ethical person.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Morris, Finucane, Smith, Perkins, McAdams, Faivre, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared passage of first reading.

MOTION

Alderman McAdams moved to waive second reading and approve the budget. Alderman Faivre seconded.

VOTE

Motion carried 6-1-1 on roll call vote. 

Aye: Finucane, Smith, Perkins, McAdams, Faivre, Mayor Smith. 

Nay: Morris. 

Absent: Verbic. 

Mayor Smith declared the ordinance approved.

8. Ordinance 2019-081 Authorizing a Zoning Map Amendment from the “LI” Light Industrial District to “PD-I” Planned Development – Industrial District to Allow for a Cannabis Business Establishment (Medical Cannabis Dispensary) at 700 Peace Road (BQ Enterprises Inc.).

Mayor Smith read the ordinance by title only.

MOTION

Alderman McAdams moved to approve first reading. Alderman Faivre seconded. 

VOTE

Motion carried 6-0-2 on roll call vote. 

Aye: Smith, Perkins, McAdams, Faivre, Morris, Mayor Smith. 

Nay: none. 

Absent: Finucane, Verbic.

MOTION

Alderman Morris moved to waive second reading and approve the ordinance. Alderman McAdams seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Perkins, McAdams, Faivre, Morris, Finucane, Smith, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the ordinance approved.

9. Ordinance 2019-082 Approving a Waiver to Article 13.03.9 of the Unified Development Ordinance and a Special Use Permit to Allow an Electronic Changeable Copy Sign (Digital Display Sign) at 650 N. First Street (Clinton Rosette Middle School).

Mayor Smith read the ordinance by title only.

MOTION

Alderman Smith moved to pass first reading. Alderman Faivre seconded.

City Manager Nicklas noted that Planning & Zoning recommended approval.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: McAdams, Faivre, Morris, Finucane, Smith, Perkins, Mayor Smith. 

Nay: none. 

Absent: Verbic.

MOTION

Alderman Morris moved to waive second reading and pass the ordinance. Alderman Perkins seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Faivre, Morris, Finucane, Smith, Perkins, McAdams, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the ordinance approved.

10. Ordinance 2019-083 Authorizing a Zoning Map Amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District to Allow for a Video Gaming Establishment at 1704 Sycamore Road (DeKalb-Harlem, LLC).

Mayor Smith read the ordinance by title only.

MOTION

Alderman McAdams moved to pass first reading. Alderman Morris seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Morris, Finucane, Smith, Perkins, McAdams, Faivre, Mayor Smith. 

Nay: none. 

Absent: Verbic.

MOTION

Alderman Finucane moved to waive second reading and approve the ordinance. Alderman Smith seconded.

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Finucane, Smith, Perkins, McAdams, Faivre, Morris, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared the ordinance approved.

M. REPORTS AND COMMUNICATIONS

1. Council Member Reports

Alderman Finucane reported on the “Let’s Talk Turkey” food drive and announced another drive coming up, “Freezing for Food” to benefit the Salvation Army pantry. He encouraged people to volunteer for the IHSA event and said several Council and staff members would be volunteering.

Alderman Perkins announced his first ward meeting for the following week.

Alderman Faivre announced his ward meeting for the following week.

Mayor Smith announced the 50th annual Gary Mullis Toys for Tots event. He shared photos from the “Let’s Talk Turkey” food drive and a bit of history of hemp farming in DeKalb County.

2. City Clerk Report

City Clerk Fazekas reported on her participation in a phone conference hosted by the Council on Foreign Relations about election interference and cybersecurity. She also listed sources for information shared during the budget hearing earlier in the evening.

3. City Manager Report

City Manager Nicklas reported on an accident earlier in the day that involved a car jumping a curb downtown and causing damage to trees and bike racks.

N. EXECUTIVE SESSION PURSUANT TO 5 ILCS (120/2)

Approval to Hold an Executive Session in Order to Discuss:

1. Personnel as Provided for in 5 ILCS 120/2(c)(1).

2. Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5).

Mayor Smith read the discussion items for executive session and asked for a motion to recess.

MOTION

Alderman Smith moved to recess for executive session. Alderman Faivre seconded. 

VOTE

Motion carried 7-0-1 on roll call vote. 

Aye: Smith, Perkins, McAdams, Faivre, Morris, Finucane, Mayor Smith. 

Nay: none. 

Absent: Verbic. 

Mayor Smith declared a recess at 8:08 p.m.

O. ADJOURNMENT

MOTION

Following return from executive session, Alderman Finucane moved to adjourn the regular meeting. Alderman Perkins seconded.

VOTE

Motion was approved on majority voice vote. 

Mayor Smith declared the meeting adjourned at 8:41 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_11252019-1731