City of Dekalb City Council met Sept.13.
Here are the minutes provided by the council:
The City Council of DeKalb, Illinois held a Regular meeting in the Yusunas Meeting Room of the DeKalb Public Library, 309 Oak Street, DeKalb, Illinois.
A. CALL TO ORDER AND ROLL CALL
Mayor Barnes called the meeting to order at 6:00 p.m.
City Clerk Sasha Cohen called the roll, and the following members of City Council were present: Alderman Carolyn Morris, Alderman Barb Larson, Alderman Tracy Smith, Alderman Greg Perkins, Alderman Scott McAdams, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Cohen Barnes.
Others in attendance were: City Manager Bill Nicklas and City Attorney Matt Rose.
B. PLEDGE OF ALLEGIANCE
Mayor Barnes asked Earnell Brown to lead the Pledge of Allegiance.
C. APPROVAL OF THE AGENDA
MOTION: Alderman Verbic moved to approve the agenda; seconded by Alderman Faivre.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
D. PUBLIC PARTICIPATION
There was none.
E. PRESENTATIONS
There were none.
F. APPOINTMENTS
There were none.
G. CONSENT AGENDA
MOTION: Alderman McAdams moved to remove item G.3. “Minutes of the Special City Council Meeting of September 1, 2021” from the Consent Agenda; seconded by Alderman Smith.
Mayor Barnes clarified that item G.3. was being removed from the Consent Agenda because Alderman McAdams was marked as absent in the minutes when he was actually in attendance.
Mayor Barnes asked the City Clerk to make the necessary corrections and submit them to Council at a later date for approval.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
Mayor Barnes read the following Consent Agenda items in their entirety:
1. Minutes of the Regular City Council Meeting of June 28, 2021.
2. Minutes of the Regular City Council Meeting of July 12, 2021.
3. Minutes of the Special City Council Meeting of September 1, 2021.
4. Accounts Payable and Payroll through September 13, 2021, in the Amount of $3,333,145.29.
MOTION: Alderman McAdams moved to approve the Consent Agenda as amended; seconded by Alderman Perkins.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
H. PUBLIC HEARINGS
There were none scheduled.
I. CONSIDERATIONS
Mayor Barnes read the following title for the record:
1. Consideration of the 2020 Census Impact on the City Ward Map.
MOTION: Alderman Morris moved to bring this item to the floor for discussion; seconded by Alderman Faivre.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating the State of Illinois requires the City to have political wards that are essentially equal in population. The 2020 Census results indicate the current population of DeKalb to be 40,290, with a loss of approximately 3,805 citizens when compared with the 2010 Census, with most of the population loss from Ward 6.
Alderman Verbic asked if the redistricting was something that only happens every 10 years or could something be done if there was dramatic growth within the next five years or so. City Manager Nicklas replied that something could be done, but typically it’s done with the outcome of the Census. There would be additional steps to take to make changes.
City Attorney Rose indicated the City is required by law to redistricting adjustments every 10 years within a certain period of time after the Census.
Alderman Verbic reiterated his question, and City Attorney Rose stated that changes could be made if there was growth.
City Manager Nicklas commented that if Council felt the 2020 Census didn’t capture the true population of DeKalb, a proposition could be brought forward, which would identify the cost of a special Census.
Mayor Barnes stated he recently met with the Mayor of Naperville, noting they’ll be organizing a special Census in order to acquire numbers from a project that’s under development, which will be coming on the (tax) rolls within the next year.
City Manager Nicklas stated this item will be brought back in ordinance form for further action if Council consensus is that what is proposed is reasonable and fair.
Addressing Council members, Mayor Barnes stated if they feel strongly about maintaining the current numbers in their wards, now would be the time to express that.
Alderman Morris noted acknowledged that some of the shifts in the first ward are more logical.
City Manager Nicklas thanked Planning Technician/GIS Specialist Doug Eaton for his work on the revised ward map.
There was no further discussion
J. RESOLUTIONS
1. Resolution 2021-080 Repealing Resolution 2021-075 and Authorizing an Agreement with DeKalb Corn Classic and Kishwaukee Sunrise Rotary Club for the 2021 DeKalb Corn Classic 5k/10k and Taste of DeKalb Events on September 26, 2021.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Smith.
Mayor Barnes indicated this item was being brought before Council so he can recuse himself from the vote due to his participation and involvement in the Corn Classic event.
Alderman Morris asked if she should also recuse herself since she is a member of the Sunrise Rotary Club. City Attorney Rose indicated she should.
VOTE: The roll call vote resulted in the following: Aye: Larson, Smith, Perkins, McAdams, Verbic, Faivre. Nay: None. Recused: Morris, Barnes.
Following the roll call vote, City Attorney Rose stated he assumed Alderman Morris was an officer of the Sunrise Rotary Club, but if she isn’t she doesn’t have to recuse herself. She indicated she was not.
City Clerk Cohen then called for Alderman Morris’ vote, in which she stated “yes”. Therefore, the correct roll call vote is as follows:
VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre. Nay: None. Recused: Barnes. Mayor Barnes declared the motion passed.
2. Resolution 2021-081 Authorizing a Payment to the DeKalb County Community Foundation on Behalf of the DeKalb Municipal Band for Services Beginning January 1, 2021, through December 31, 2021, in the Amount of $41,088.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Smith moved to approve the resolution; seconded by Alderman Faivre.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this comes before Council for a couple of reasons, the first being that the amount budgeted is beyond his spending authority. Secondly, over the years, Council has urged the municipal band and its executive director to establish its 501(c)3, however, they’ve been unsuccessful due to their relationship with the City. Therefore, the best way for them to establish method for private fundraising alternatives was to create a passthrough fund with the DeKalb County Community Foundation. City Manager Nicklas recommended approval.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
3. Resolution 2021-082 Authorizing the Purchase of One Single-Axle Utility Vehicle through Rush Truck Center in an Amount Not to Exceed $204,035.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Perkins.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this is a key vehicle in the Public Works Department as it carries an array of special equipment used on water main breaks, service line, valve, and hydrant repairs. He further stated that the purchase of the vehicle will be paid for through the Water Capital Fund.
There was no further discussion. Mayor Barnes commented on the need for this equipment.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
4. Resolution 2021-083 Authorizing the Award of a Construction Services Contract to Curran Contracting Company in the Amount of $1,736,419.37 for Illinois Route 23 and Gurler Road Improvements, with Staff Authority to Approve Change Orders Up to a Combined Project Total Not to Exceed $1,866,650.
Mayor Barnes read the resolution by title only.
MOTION: Alderman McAdams moved to approve the resolution; seconded by Alderman Morris.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating the City has been pursuing these improvements since late spring of 2020. Thanks City Engineer Zac Gill, the City has received a grant from the Illinois Department of Transportation (IDOT) through its Economic Development Program. Staff is hoping to get going on this project by at least installing a temporary signal for the winter. City Manager Nicklas also stated that change order approval is requested in case the unforeseen may occur, and recommended Council approval.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
5. Resolution 2021-084 Authorizing an Agreement with Ferrara Candy Company for their Role in Economic Development Program Responsibilities.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman McAdams. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this item, as well as the next, are related to Resolution 2021-083. He stated this agreement will formalize Ferrara’s agreement to pay the difference between the current contracting price and the state grant. Approval is recommended.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
6. Resolution 2021-085 Authorizing an Intergovernmental Agreement with DeKalb Township Road District Regarding the Design, Construction, Ownership and Maintenance of Gurler Road at the Intersection of Illinois Route 23.
Mayor Barnes read the resolution by title only.
MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Faivre.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this item is similar to others when there’s an overlap of jurisdiction between the City and the DeKalb Township Road District. This item calls the District’s support for the portion of the work that falls within their jurisdiction and indemnifies them for any failures by the City or private contractors working on the project. Approval is recommended.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
K. ORDINANCES – SECOND READING
There were none.
L. ORDINANCES – FIRST READING
1. Ordinance 2021-037 Amending The Fiscal Year-End December 31, 2021, Budget as it Pertains to the American Rescue Plan Fund (Fund 110).
Mayor Barnes read the ordinance by title only.
MOTION: Alderman Faivre moved to approve first reading of the ordinance; seconded by Alderman McAdams.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating there have been a lot of changes occurring from a fiscal standpoint this year for the good. The City has committed $1,185,000 for the acquisition of the Hunter Hillcrest property and when the American Recover Plan Fund 110 was established, we still hadn’t received the appraisal but proceeded to commit to purchase the building. This item is brought forward to account for the acquisition with more precision. Approval is recommended.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. MOTION: Alderman Morris moved to waive second reading of the ordinance and approve; seconded by Alderman Larson.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
2. Ordinance 2021-038 Authorizing a Zoning Map Amendment from the “SFR2” Single Family Residential District to the “PD-R” Planned Development Residential District and an Amendment to Ordinance 2018-068 for the Property Located at 1221 Sycamore Road (Adventure Works).
Mayor Barnes read the ordinance by title only.
MOTION: Alderman Smith moved to approve first reading of the ordinance; seconded by Alderman Morris.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating Adventure Works has recently acquired the lot next door to their property in order to continue providing services to the community and allow for the expansion of their outdoor activities area. This item has been vetted by the Planning and Zoning Commission and they approve. City Council approval is recommended.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
MOTION: Alderman Verbic moved to waive second reading and approve; seconded by Alderman Smith.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
3. Ordinance 2021-039 Approving the Preliminary and Final Plat of Subdivision for CST Subdivision along Harvestore Drive (CST Industries, Inc.).
Mayor Barnes read the ordinance by title only.
MOTION: Alderman Faivre moved to approve first reading of the ordinance; seconded by Alderman Perkins.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating the petitioner is requesting approval of a three-lot subdivision plat located along Harvestore Drive, which will create some natural lot lines and create a 13.4-acre lot. The petitioner has been approached by other businesses regarding the sale of the property in the past. The three-lot 13.4-acre subdivision will allow them to sell its excess land to one or more interested parties if the occasion should arise again. The Planning and Zoning Commission has vetted this request and approves. City Council approval is recommended.
There was no further discussion.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
MOTION: Alderman Morris moved to waive second reading of the ordinance and approve; seconded by Alderman Faivre.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
At this point in the meeting, Mayor Barnes asked if public participation should be allowed prior to the discussion of an item. City Attorney Rose confirmed it should.
4. Ordinance 2021-040 Amending the City of DeKalb Municipal Code by Adding a New Chapter 46 “Citizen Police Review Board”.
Mayor Barnes read the ordinance by title only.
MOTION: Alderman McAdams moved to approve first reading of the ordinance; seconded by Alderman Verbic.
Speaking as a public participant, Sasha Cohen provided his opinion regarding the proposed ordinance, by first stating he commends Council for instituting an external review of complaints. He then provided Council with a concern he has regarding the proposed board’s inabilities to make recommendations without having to filter them through the Police Chief. His second concern falls on the requirement that the board only open investigations into complaints if the complainant is willing to publicly attach their name with no mechanism for private discussion. He urged Council to review the ordinance and to see if there could be a way to protect the privacy of those who feel they’ve been victimized.
Earnell Brown provided his opinion regarding the proposed ordinance, stating he believes the mechanism of a joint decision between the board and the Police Chief would suffice because the decision can’t be made by the Police Chief without consideration or input from the board. However, he couldn’t agree with allowing the Police Chief the single authority to make a decision after the board’s recommendation. Continuing, Mr. Brown stated that it’s important to build community trust and allow the community a way to be involved in the process of discipline and understanding policy change. Mr. Brown further stated that discussions within the community indicate the proposed ordinance is a good thing. Lastly, he thinks it goes hand in hand with crime reduction if there are police officers and community members working together to reduce crime and encouraged Council to make every effort to build trust between the Police Department and community.
City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, noting changes that have been made to the proposed ordinance since it was first brought forward to Council on August 9, 2021. He further stated that that since that meeting, there’s been a lot of discussion among local community groups. The Human Relations Commission (HRC) has also reviewed the proposed ordinance and consensus was support of what had been presented to Council, with the urge to open the selection process board of members widely as possible.
City Manager Nicklas continued, stating that discussion regarding this item has been ongoing, which included further discussion with Police Chief Byrd, who has also had internal discussions with his department. From these discussions it was thought to be more effective to require the Police Chief to consult with the board once an internal investigation is complete and before making any recommendation for discipline; that is now written into the ordinance.
Another addition provides for an informal public hearing for citizen complaints in public session. Citizens can still bring confidential complaints to the Police Chief or Fire and Police Commission, the proposed board will only hear signed and written complains since their findings and recommendation will publicly bear on a Police Officer’s career and professional standing.
It was recommended that Council approve only first reading of this ordinance so it can be held over in case there are others who haven’t had a chance to review it.
Alderman Morris stated the comments made by the public at this meeting were valuable. She noted she has been in communication with some of the groups who have been working on this item who have expressed their satisfaction with some of the changes made. However, the primary problem that remains is that it appears the board has no real recourse in the event of a disagreement.
City Manager Nicklas stated it’s an advisory body, so it doesn’t have a decision-making role and no fiduciary responsibility.
Alderman Morris stated she agrees that there needs to be some “teeth” given to the proposed board but understands how it would become problematic if boards, commissions, and committees appointed by the Mayor were given the power to make decisions, for example, the termination of the Police Chief. She feels there should be a solution to the issue, but she isn’t sure what that solution is.
City Manager Nicklas stated the City currently has 14 boards, commissions, and commissions, with some of them statutorily required, that provide guidance and support to Council in a number of subjects. However, Council shouldn’t give away its elected authority under local ordinances and state law.
Alderman Perkins stated ultimately the Council is the “teeth” and the proposed board will be no different than any other board, commission or committee that assembles information and brings recommendations to Council; to go any further than that would essentially give Council’s responsibility to another entity. He further stated that this is quite a large first step a great starting point. He encouraged all to remember it’s not a destination, it’s a journey.
Alderman Larson stated she believes the proposed board will provide clarity to what happened in certain situations. The proposed board will come up with the best picture of what happened, why it happened, and what caused it to happen so that when the people who have the “teeth” will have the clearest unbiased picture.
Alderman McAdams stated from a constitutional standpoint, the sixth amendment provides anyone accused of a crime the knowledge of who their accuser is and the nature of the accusations, so we don’t have a right under the constitution to protect someone making an accusation anonymously.
Alderman Verbic agreed with Alderman Perkins, stating Council is the accountable body for overseeing the process. He then stated it would be good to know what type of information would be reported to Council and in what manner so it can properly think through, research, and do the due diligence its elected to do.
Alderman Faivre stated he has received several emails and been involved in discussions within the community members who think the changes made are acceptable. His understanding of the proposed board was that they were going to look at a situation, review available information and policies and if changes need to be made to those policies, Council is the forum to have that discussion. He further stated that this is where we get better and citizens get to review the procedures, review the situation, and understand what’s happening and make recommendations.
Alderman Smith stated he’s had discussion with the City Attorney regarding the protection of victims. He went on to state there may be court proceedings tied to these incidences that could be jeopardized by our proceedings. He feels we should proceed very graciously and cautiously. The victim should be protected as much as possible.
Alderman Morris stated she appreciates Alderman Perkins’ comments that this is just the beginning of a new journey. She hoes we can move forward with the proposed ordinance and continue to look at ways it can be improved.
Mayor Barnes thanked City Manager Nicklas and Police Chief Byrd for their work on this item. He’s seen the item evolve and community input change and that result is what’s before Council now. He also thanked the City Manager and Police Chief for being open to ideas from the community and figuring out ways to bring those forward.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.
M. REPORTS AND COMMUNICATIONS
1. Council Member Reports.
Alderman Larson thanked every department within the City for helping put on a great Corn Fest.
Alderman Smith congratulated the City on the swearing in of only the second female firefighter in DeKalb’s history, and the only one on staff at this time.
Alderman Perkins said he was happy to see progress with regard to the demolition of the former city hall building.
Alderman Verbic thanked the residents and business owners for reaching out with topics for the next Ward 6 meeting, which will occur sometime in the fall after Council receives the results of the proposed redistricting.
Alderman Faivre encouraged citizens to attend the upcoming Corn Classic and Taste of DeKalb event. He also stated that during the recent public safety meeting in Ward 1 the one question that was asked the most was “what can I do to help the community”. In response, Alderman Faivre stated that one of the things that can be done is to take care of your community by picking up trash in your neighborhoods and parks.
Mayor Barnes reported that he and Alderman Larson met with City Manager Nicklas recently to discuss video gaming in DeKalb. He stated that as a result of that meeting, City Manager Nicklas will be bringing forward a revision to the ordinance that covers video gaming, which will put a moratorium on additional terminals.
In response, Alderman Verbic stated he looks forward to that discussion. He also stated that the annual terminal fees the City charges should be revisited.
Mayor Barnes reported on the 9/11 ceremony held at Northern Illinois University and how proud he was to see the number of people who attended. He thanked NIU for hosting the event and thanked the Daily Chronicle for their fantastic coverage.
Mayor Barnes further reported that he recently met with the Mayor of Naperville to discuss ideas and insight into DeKalb.
Mayor Barnes commented on the parties taking place on Blackhawk Road, which brings 300-500 people out at a time on the property formerly known as Campus Cinema. He thanked the Trash Squirrels group for coming out and picking up the large amounts of garbage left behind after those gatherings and thanked the DeKalb Police Department and NIU Police Department for keeping an eye on those parties so that they’re uneventful.
Mayor Barnes stated that all Council members should be assigned to a board, commission, or committee, and to let him know if they’re not.
Mayor Barnes reported that an AGN meeting was held last week and it was a phenomenal meeting and another step towards building more relationships and bridges within the community. Mayor Barnes stated he was at the swearing in of the Firefighter Faivre. He noted she is the only female firefighter. He recommended that Council attend the swearing in ceremonies if possible.
Finally, Mayor Barnes agreed that Corn Fest was a huge hit. The restaurants were crushed with business. He commended City Manager Nicklas the idea of moving everything to the middle of the street. City Manager Nicklas replied that the thanks should go to Public Works Director of Streets and Facilities Andy Raih’s because it was his idea. He also noted that the downtown businesses benefited from the change and Corn Fest was just a nicer festival because of it.
2. City Manager Report.
City Manager Nicklas reported that the City will be receiving a SAFER (Staffing for Adequate Fire and Emergency Response) grant from the federal government, which will cover the base salaries and benefit package of new firefighters over the next three years. He noted that the City was one of four in the entire country to receive the grant and thanked Fire Chief Jeff McMaster, Deputy Fire Chief Bart Gilmore, and Fire Lieutenant Noah Millard for their hard work on the grant application.
N. EXECUTIVE SESSION
There was none.
O. ADJOURNMENT
MOTION: Alderman Smith moved to adjourn the meeting; seconded by Alderman Faivre.
VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed and adjourned the meeting at 7:11 p.m.
https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_09132021-2057
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