City of Dekalb City Council Met March 8.
Here is the agenda provided by the council:
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF THE AGENDA
D. PUBLIC PARTICIPATION
E. PRESENTATIONS
1. United States Census Bureau Recognition.
2. Update on the Police Chief Search.
F. APPOINTMENTS
None.
G. CONSENT AGENDA
1. Minutes of the February 22, 2021 Regular City Council Meeting.
2. Accounts Payable and Payroll through March 8, 2021 in the Amount of $6,640,716.20.
H. PUBLIC HEARINGS
None.
I. CONSIDERATIONS
1. Consideration of a Citizen’s Environmental Commission Request to Amend the City’s Open Burning Codes and Ordinances.
City Manager’s Summary: The City’s Municipal Code (Chapter 24, Section 24.02) adopts the International Fire Code which has certain restrictions on the open burning of leaves and garden debris. Specifically, the current code provisions, as amended by the Council in 2017, read as follows:
307.1.2 Burning of leaves and garden debris. The burning of leaves and garden debris within the corporate limits of the City of Dekalb shall be allowed within the following regulations:
1. The burning of leaves and garden debris shall be kept to a minimum of thirty (30) feet from any house, fence, accumulations of combustibles, other buildings, or lot line.
2. Only small amounts are permitted to be burned at one time and shall be supervised by at least one responsible adult at all times until the fire is extinguished.
3. A garden hose or other suitable fire-fighting equipment is required near the site for immediate use.
4. Leaves and garden debris are prohibited from being burned on a public right-of way. Leaf and garden debris burning is prohibited after sunset.
5. Open burning of leaves or garden debris that will be offensive or objectionable because of smoke or odor emissions when atmospheric conditions or local circumstances make such leaf or garden debris burning hazardous or objectionable shall be prohibited.
6. The fire code official is authorized to order the extinguishment of such fires.
7. A citation may be issued by a code enforcement official for repeated violations, starting with the second offense within one week.
The Citizen’s Environmental Commission has proposed a local revision to the International Fire Code which would prohibit the burning of leaves and yard waste, under any circumstances. The Commission believes such open burning “endangers physical health and well-being, interferes with legitimate business and recreational activities, offends the senses, create public nuisances, and in other respects reduces the quality of our environment.” Further, the Commission recommends that the current applicable codes be revised to include the following definitions:
▪ Yard Waste: Any waste generated as the result of tree trimming, lawn mowing, gardening, leaf raking, and other yard activities and consisting of trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, sod, shrubbery, yard trimmings, and other plant waste from yard and garden sources.
▪ Open Burning. The combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be, and has been, issued under the Environmental protection Act.
City Council direction is requested. Upon Council direction, an ordinance revising the Municipal Code can be presented at the Council meeting on March 22. Unless otherwise directed, it will be assumed that any revisions would not bear on backyard grilling or the recreational use of fire pits.
2. 2021 Liquor License Renewal Update.
City Manager’s Summary: On January 11, City Council supported the extension of liquor license renewal fees for the January 1 through December 31, 2021 licensing term through the end of June, payable in three installments. The attached spreadsheet provides information regarding the most current payment status of the fees. The second installment payment is due by March 20. Second installment invoices were mailed to the businesses on February 24.
Also attached is a spreadsheet that provides information regarding the liquor licensing renewal term of May 1, 2021 through April 30, 2022. Processing of this liquor license cycle will begin in mid-March. While some businesses are open, they are presently allowed to operate up to 25% capacity. Therefore, City staff again ask for Council support to allow these businesses to pay their liquor license renewal fees in three installments with no late penalty. The first installment payment would be due in April, the second in July, and the third in October.
The next liquor license renewal term begins September 1, 2021 through August 31, 2022. Processing of these renewals will begin in mid-July.
City Council direction is requested. (Click here for additional information)
3. Consideration of the Contractor Bids for the Painting and Repair of the South Water Tower.
City Manager’s Summary: On December 11, 2020, a Request for Bids (RFB) was released for the painting and repair of the City’s South Water Tower located at 2851 Corporate Drive. This was the second RFB that had been released for this project.
A Request for Bids (RFB) for the painting and repair of the City’s South Water Tower was previously released on May 29, 2020, and three bids were received and publicly opened on June 22, 2020, with the results as follows:
| Company Name
Seven Brothers Painting Inc. | Total Amount
of Proposal $ 710,100 |
| L.C. United Painting Co. Inc. | $ 996,000 |
| Viking Painting | $1,249,800 |
level Department of Labor investigations into the firm’s prevailing wage practices, as well as safety concerns. To allow further staff time to investigate these concerns, the Council deferred action until July 27, 2020.
After further consideration at the July 27, 2020 regular meeting, the Council decided to reject all bids and rebid the project in the wintertime. The Council’s decision to rebid took into account the difficulty in completing the prescribed work before adverse weather conditions arrived in the late fall and early winter. Additionally, the Utility Department also needed to perform preventative maintenance work on Well #13, at the base of the water tower. This well work could not proceed at the same time as the South Tower painting. Finally, there was the possibility that rebidding the project in the winter might result in additional bidder interest.
The second Request for Bids released on December 11, 2020 attracted 8 bids which were opened on January 26, 2021. The results of the second bidding process are shown in the table on the following page:
| Company Name | Total Amount of Proposal January 26, 2021 Bid | 1st Request for Bid June 22, 2020 Bid |
| V&T Painting (Michigan) | $ 765,000 | No bid submitted |
| Seven Brothers (Michigan) | $ 843,550 | $ 710,100 |
| G&L Sandblasting (Tennessee) | $ 930,700 | No bid submitted |
| Era Valdivia (Illinois) | $1,064,270 | No bid submitted |
| Viking Industrial | $1,129,800 | $1,249,800 |
| LC United | $1,142,000 | $ 996,000 |
| Maxcor | $1,297,501 | No bid submitted |
| TMI Coatings | $1,356,000 | No bid submitted |
Engineering’s claim and recommendation (see attached).
Seven Brothers Painting Inc. was the next lowest bidder at $843,550 and is based in Michigan as well. The firm was recommended by Dixon Engineering. However, the Council will need to evaluate whether the safety and prevailing wage concerns raised last July have been sufficiently resolved to merit the award of the contract to the firm.
Further, compliance with the state-level requirements instituted since last July need to be taken into consideration (see below).
The next lowest bidder was G&L Sandblasting of Tennessee at $930,700. This firm is a relative newcomer to the industry. A couple of the references they provided for painting projects completed last year (Village of Davis Junction IL. and Henderson Water Utility, TN.) provided Bryan Faivre with positive recommendations. It should be noted that their work experience has principally been on smaller tanks although they have completed a 1.5 million gallon (MG) and a 1.0 MG storage tank.
Era Valdivia is a Chicago-based painting company which submitted a bid in the amount of $1,064,270. The company is widely experienced and has demonstrated the ability to successfully complete projects similar to the South Water Tower project in terms of size and scope.
New State-Level Requirements
Since the City’s initial bidding process in July of 2020 and the receipt of the second round of bids on January 26, 2021, two state-level regulatory initiatives have come into play and have impacted the City Manager’s recommendation.
1. Illinois State Statutes, 30 ILCS 570/1, “Employment of Illinois Workers on Public Works Act,” commonly known as the “Illinois Preference Act.” This act became law on July 1, 2020 and was a response to the COVID pandemic. It requires that 90% of the workforce on all public works projects be comprised of a minimum of 90% Illinois residents until the state unemployment rate falls below 5% for at least two consecutive months. Initially, “public works” was interpreted to mean construction funded in whole or in part with state funds or funds administered by the State of Illinois. The proposed South Water Tower painting project is fully funded by local water fees.
However, based on the March 1, 2021 interpretation of Robert Parilli, the Illinois Department of Labor’s division manager dealing with community water supplies (see attached), any project (municipal or state) that uses taxpayer dollars is subject to the Illinois Preference Act if it serves at least 15 connections and at least 25 residents.
Under this interpretation, the three lowest bidders which are based out of state and travel with their predominantly out-of-state labor force would be disqualified. It should be noted that the Village of Oak Brook recently issued an addendum to prospective bidders for a tank painting project acknowledging the applicability of the “Employment of Illinois Workers on Public Works Act” (see attachment).
2. Illinois Administrative Code, Title 35, Subtitle F, Chapter II Part 652 et passim, “Corrosion Prevention Standards.” In January 2021, the Illinois Environmental Protection Agency (IEPA) prescribed new training rules for workers employed in “general maintenance” involving the prepping of corroded water tank surfaces prior to painting. The City’s project involves such “corrosion control.” The specific training standards are set by NACE International, a worldwide authority on corrosion treatments. NACE’s equivalent organization in protective industrial coatings, SSPC, also prescribes standards that would apply to the City’s project (SSPC-ACS-1).
The question is: do all workers employed on the City’s proposed painting project need to be trained in corrosion protection? Opinions apparently vary on this, but the text of Section 652.210 of the Illinois Administrative Code requires both “protective coatings personnel” and “inspectors” to have such training. The consulting engineer, Chamlin & Associates, working with the Village of DePue recently notified bidders of the applicability of Part 652 to “protective coatings personnel” (see attached).
Recommendation
In light of further staff research into the applicability of recent state regulatory provisions in the past week, the City Manager recommends the award of the City painting contract to Era Valdivia, which can conform to both the Illinois Preference Act and the recent IEPA training directives. The Era Valdivia bid of $1,064,270 exceeds the FY2021 Budget allocation of $850,000 (Fund 620) by $214,270, but the Fund 620 budget could absorb the difference and maintain a positive fund balance for FY2021. As important, the City will not be subject to significant administrative fines for a failure to comply with the state regulatory provisions if the City were to award the contract to one of the three lower, non-Illinois bidders. (Click here for additional information)
J. RESOLUTIONS
1. Resolution 2021-021 Authorizing the Lease Purchase of a Single-Axle Dump Truck Through Rush Truck Center Based on the State Bid Contract Price in an Amount Not to Exceed $154,526.
City Manager’s Summary: The Public Works Department is requesting authorization to purchase one new single axle dump truck in an amount not to exceed $154,526. The vehicle will replace a 1997 International tandem axle truck used by the Street Division for snow plowing, leaf collection, and street repairs. The approved FY2021 Capital Equipment Replacement Budget (Fund 420) includes up to $205,144 to be utilized for lease purchases of this and several other vehicles.
Under the City’s current lease arrangements, the acquisition is the first step, and the financing is the second step. The dump truck in question is available through dealers with authorized contracts for International-brand dump trucks, and companies that participate in the State of Illinois purchasing program. The State of Illinois annually solicits bids on a broad list of vehicles and equipment. Participating vendors willing to offer such vehicles and equipment at the state-determined competitive prices in effect pass along the savings to government purchasers.
Rush Truck Center of Huntley is an authorized International dealer and can secure the truck through the state purchase program. Upon Council approval, the City will proceed to enter a five-year lease payment agreement with Tax Exempt Leasing Corporation as it did for the 5-yard, tandem dump truck in 2020.
City Council approval is recommended. (Click here for additional information)
2. Resolution 2021-022 Authorizing an Architectural Improvement Program (AIP) Economic Incentive for the Egyptian Theater, 135 N. Second Street, in the Amount of $4,314.
City Manager’s Summary: As Assistant City Manager Josh Boldt explains in the attached memorandum, the Egyptian Theatre has applied for a TIF Architectural Improvement Program (AIP) grant in the amount of $4,134 to undertake an unexpected accessibility project mandated by the Illinois Fire Marshall’s Office. During an elevator inspection by the Fire Marshall’s Office on December 10, 2020, the inspector condemned the existing wheelchair lift that rises approximately four feet from the main floor to the stage. The lift had been installed in 1998 and had passed all previous annual inspections. The inspector further “locked out” the lift, effectively making the stage inaccessible for performers and guests in wheelchairs.
The Egyptian Theatre staff solicited competitive bids which ranged from $9,777.30 to $30,998.50. Because of the substantial operating losses suffered by the Theatre in 2020 owing to the COVID pandemic and government-imposed constraints on gathering, the Theatre is not in a position to meet this cost entirely on its own and cannot resume its planned range of programming until the lift is replaced.
The AIP program offers a 50% reimbursement for projects that bring a facility into compliance with ADA regulations. A 50% grant would be $4,314.00.
City Council approval of the Egyptian Theatre’s hardship application is recommended. (Click here for additional information)
K. ORDINANCES – SECOND READING
None.
L. ORDINANCES – FIRST READING
1. Ordinance 2021-009 Publishing the Official Zoning Map of the City of DeKalb. City Manager’s Summary: The Illinois Municipal Code (65 ILCS 5/11-13-19) requires municipal authorities to annually publish an Official Zoning Map. The attached map prepared by Principal Planner Dan Olson and Planning Technician Doug Eaton reflects the changes that were reviewed and approved by the Planning and Zoning Commission (PZC) and City Council in 2020 and in January and February of 2021. The annual publication also provides an occasion for the correction of any map errors that may have been identified in the past year.
The following changes to the Official Zoning Map were approved since January 2020:
| CASE NAME | ORDINANCE | ACTION |
| Project Ventus – Facebook
Gurler Road | 2020-026 | Rezoning from SFR-1 to PD-I to accommodate a data center and accessory uses. |
| Northland Plaza Shopping Center
Sycamore Road | 2020-028 | Amendments to Ordinance 2019-004 to modify setbacks to allow for approval of a final plat of subdivision. |
| Gehrke Construction
421 Grove Street | 2020-041 | Rezoning from CBD to PD-C to accommodate a contractor’s office and material storage. |
| Isaac Suites
Sycamore Road and Oakland Drive | 2020-042 | Rezoning from GC to PD-C for 59 executive suites with ground level commercial space. |
| DeKalb First United Methodist Church
N. Annie Glidden Road | 2020-048 | Rezoning from SFR-1 to PD-R to accommodate a church and
accessory uses. |
| Park 88
Macom Drive | 2020-053 | Amendment to Ordinance 2019-052 to remove a 3.3 acre “Public Use” site. |
| Kelly and Natalie Diehl
822 E. Lincoln Highway | 2020-058 | Rezoning from TFR to LC to
accommodate a parking lot for an adjacent business. |
| Joanne DeKalb Suites
200 S. 4th Street | 2020-066 | Rezoning from CBD to PD-R for 57 executive suites and accessory uses. |
| Safe Passage
217 Franklin Street | 2020-077 | Rezoning from CBD to PD-C for an emergency shelter and accessory uses. |
| Goldframe - Facebook
Gurler Road | 2021-004 | Amendment to Ordinance 2020-026 to accommodate a ComEd
substation. |
| Midland Trust – SunVest Solar Gurler Road | 2021-007 | Rezoning from HI to PD-I to allow for future solar, industrial, and
manufacturing development. |
2. Ordinance 2021-010 Amending Chapter 9 “Establishment of Fees”, Section 9.04 “Ambulance Service Fees”, in Order to Reflect Actual Costs of Providing Emergency Medical Transportation Service.
City Manager’s Summary: As he explains in the attached memorandum, Fire Chief McMaster has proposed that ambulance service fees be adjusted annually according to the Centers for Medicare and Medicaid Services (“CMS”) annual cost report submitted to the Illinois Department of Healthcare and Family Services (“HFS”) for the Ground Emergency Medical Transportation (“GEMT”) program supplemental payment.
In response to 9-1-1 calls, the DeKalb Fire Department provides emergency medical services (“EMS”) to patients within the DeKalb city limits, as well as the DeKalb Community Fire Protection District, Northern Illinois University, and our mutual aid area with Sycamore. Currently, the City of DeKalb bills a flat fee of $1,800.00 for emergency medical transportation to the hospital. This fee is billed to the patient’s private insurance, Medicare, Medicaid or, when no medical insurance is available, the patients themselves. This approach is codified in the DeKalb Municipal Code, Chapter 9, “Establishment of Fees,” Section 9.04, “Ambulance Service Fees.” The actual cost of service in 2020 was actually in the range of $1,891 to $1,903.
The Fire Department received approval from the DeKalb City Council to participate in the Illinois GEMT program on September 14, 2020 and entered into an intergovernmental agreement (IGA) with the Illinois Department of Healthcare and Family Services (Resolution 2020-105). The Illinois GEMT program was established in 2019 as a federal funding opportunity to allow Illinois agencies that provide emergency medical transportation service for Medicaid patients to receive supplemental reimbursement for unrecovered costs associated with serving those patients.
Currently, the State of Illinois Medicaid cost schedule sets reimbursement rates that are below the actual costs of service delivery. As a participant in the GEMT program, the City is required to submit annual budgetary information to the state department of Healthcare and Family Services. This cost report calculates the estimated actual cost of providing emergency medical transportation services. Applying this calculation to all emergency medical transportation service patient bills would allow the City to recoup the actual cost of services rendered more accurately and equally.
City Council approval is recommended. (Click here for additional information)
3. Ordinance 2021-011 Amending Chapter 23 “Unified Development Ordinance”, Article 5.03 and Article 5.04 by Allowing Two-Family Attached Dwellings and Multiple Family Attached Dwellings Not Meeting the Minimum Lot Area Requirements as a Special Use in the “TFR” Two-Family Residential District and the “MFR1” Multi-Family Residential District.
City Manager’s Summary: The proposed revisions to the City’s Unified Development Ordinance (UDO) would support creative proposals to downsize properties previously serving multi-family uses to two-family uses, or to remodel multi-family uses that have deteriorated in older multi-family districts that don’t meet modern lot-area requirements. These steps will allow a prospective buyer to re-purpose a structure in a densely populated city block at a cost that is reasonable in terms of the property’s assessed valuation and future market value. Presently, the UDO requirements for minimum lot area would discourage such constructive conversions, even though the outcome might be less density in terms of occupancy or less impact in terms of off street parking and landscaping. The protection against unwelcome results is the proposed requirement for a special use permit that involves a public hearing, as well as a review by the Planning and Zoning Commission and approval by the Council.
Specifically, the City staff are proposing text amendments to Chapter 23 of the Municipal Code (Unified Development Ordinance) to allow two-family and multi-family attached dwellings not meeting the minimum lot area requirements as a special use in the “TFR” Two-Family Residential District and “MFR1” Multi-Family Residential District. Also proposed is an amendment to the “MFR2” Multi-Family Residential District to allow the owner of a multiple-family dwelling not meeting the building height requirements to apply for a special use permit.
The current minimum lot area requirement for two-family attached dwellings is 7,000 sq. ft. and 3,500 sq. ft. per dwelling unit for multi-family attached dwellings. There are some TFR and MFR-zoned lots in the City that are well under this size, particularly in the older neighborhoods of the City. The UDO requires that when a non-conforming use of a building is discontinued or abandoned for more than six (6) months, any new occupancy must meet the standards in the underlying zoning district. This is often economically infeasible because the prospective rents cannot offset the upfront cost of rehabilitation.
The proposed amendments will allow prospective owners of some non-conforming residential structures to re-establish dwelling units although they do not meet the minimum lot area requirement. With the special use permit requirement, a public hearing is required, surrounding property owners are notified and the criteria for a special use in the UDO must be met before approval.
The UDO amendments are as follows:
1. Article 5.03.03. Allow two-family attached dwellings not meeting the minimum lot area requirements as a special use in the “TFR” Two-Family Residential District;
2. Article 5.04.03. Allow two-family or multiple family attached dwellings not meeting the minimum lot area requirements as a special use in the “MFR1” Multi-Family Residential District;
3. Article 5.05.03. Allow multiple-family dwelling units not meeting the building height requirements to apply for a special use permit in the “MFR2” Multi-Family Residential District. Currently in the “MFR2” District, a special use can be applied for if the minimum lot area cannot be met. It should be noted a variance can be applied for if a structure in the “MFR2” District will exceed the maximum building height requirement.
The Planning and Zoning Commission considered the proposed text amendments at their regular meeting on Monday, March 1, and recommended Council approval by a vote of 6-0.
City Council approval of the Planning and Zoning Commission recommendation is requested. (Click here for additional information)
4. Ordinance 2021-012 Approving a Special Use Permit for Existing Antennas and Associated Equipment on Top of the 16-Story Building at 507 E. Taylor Street to Allow for an Upgrade of Communication Equipment (US Cellular).
City Manager’s Summary: The applicant, U.S. Cellular, and Site Acquisition Solutions acting as their agent, recently submitted plans to the City showing upgrades to their existing antenna and equipment on top of the 16-story Taylor Street Plaza Building at 507 E. Taylor St. A special use permit is required since they did not start the work after a previously approved special use permit in 2017.
On March 13, 2017 the City Council approved Ordinance 2017-014 which approved a special use permit for existing cellular antenna equipment located on top of the 16- story building at 507 E. Taylor Street (Taylor Street Plaza). The building is owned by the Housing Authority of the County of DeKalb and the equipment is owned by US Cellular. The Unified Development Ordinance (UDO) requires a special use permit for any antenna on existing non-tower structures. The applicant is requesting the re approval of a special use permit to upgrade existing cellular communications equipment on top of the building.
A total of three carriers have equipment on top of the building. U.S. Cellular’s existing equipment is in three different areas on the roof.
The City advised the applicant of the reflective material (concealment film) T-Mobile placed on their antennas on the roof in 2018 per the special use permit they received. The concealment film is from 3M and uses light management to create a camouflage effect. The applicant was receptive and is proposing to add concealment tape on the US Cellular antennas and equipment. The concealment tape will reduce the visual impact of the antennas and mirrors the surrounding natural environment.
The Planning and Zoning Commission held a public hearing regarding the petition at their regular meeting on March 1, 2021. By a vote of 6-0 the Commission recommended City Council approval of a Special Use Permit to allow for an upgrade of communication equipment subject to the following:
▪ The antennas and equipment upgrades shall comply with the drawings dated 2-12- 21 as indicated in the staff report.
▪ The panel antennas shall be wrapped with 3M concealment film and 3M brick veneer wrap to match the existing building. Exposed framing members on the proposed gamma sector mount shall be wrapped with 3M concealment film.
▪ The applicant is required to submit the necessary application and plans to the City in compliance with applicable Building Codes and the regulations of Article 7.08 of the UDO (Wireless Communications Ordinance).
City Council approval of the Planning and Zoning Commission recommendation is requested. (Click here for additional information)
M. REPORTS AND COMMUNICATIONS
1. Council Member Reports
2. City Clerk Report
3. City Manager Report
N. EXECUTIVE SESSION
1. Approval to Hold an Executive Session in Order to Discuss Executive Session Minutes as Provided for in 5 ILCS 120/2(c)(21).
O. ADJOURNMENT
FULL AGENDA PACKET
https://www.cityofdekalb.com/AgendaCenter/ViewFile/Agenda/_03082021-1973
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