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City of Dekalb City Council met June 13

City of Dekalb City Council met June 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.

Recording Secretary Ruth Scott called the roll, and the following members of the 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.

City Clerk Sasha Cohen was absent.

Other in attendance included City Manager Bill Nicklas, City Attorney Matt Rose, Fire Chief Mike Thomas, Community Services Coordinator Joanne Rouse, Director of Utilities, Transportation, and Engineering Bryan Faivre, and City Engineer Zac Gill.

B. PLEDGE OF ALLEGIANCE

Director of Utilities, Transportation and Engineering Bryan Faivre led the Pledge of Allegiance.

C. APPROVAL OF THE AGENDA

MOTION: Alderman Faivre moved to amend the agenda by removing Item K.1. Resolution 2022- 049 Authorizing an Intergovernmental Agreement with the DeKalb Community Unit School District No. 428 as it Pertains to School Resource Officers; seconded by Alderman McAdams.

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 Faivre moved to approve the 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.

D. PRESENTATIONS

1. DeKalb Fire Department 2021 Annual Report.

Fire Chief Thomas provided an overview of the Fire Department’s 2021 Annual Report as follows:

The 2021 call volume was a record for the Fire Department with a 15% increase over the previous year in total calls; the previous record was set in 2019. There were 7,446 calls for service in 2021, of which 81% was for EMS.

Fire incidents averaged in the 170-200 fire call range – approximately one fire every two days – with 52% of those calls being residential in nature. There were large dollar losses due to some specialized equipment that caught fire.

Ambulance responses were 81% of the total calls. It was noted that Medic 3 responds to the highest number of calls.

Engine responses are similar to ambulance responses, with Engine 3 being the busiest.

The heaviest response calls originated in the most densely populated area of the City, which is in District 3.

Training hours were down some in 2021. Overall, there were approximately 17,000 training hours, with 8,530 dedicated to ISO related training.

Grants received included the SAFER grant, and an AFG grant.

Personnel changes included two retirements, six promotions, and five new hires.

Looking Forward, Fire Chief Thomas stated the Fire Department is looking towards raising the minimum daily staffing, continued training for new hires, technology advancements, moving toward battery powered tools, expanding thermal imaging cameras for fire crews, and the receipt of two new engines.

In closing, Fire Chief Thomas thanked the DeKalb Firefighters Local 1236 Union for their support and assistance in 2021. He also thanked Administrative Assistants Natalie Nelson and Rachel Sauber for their assistance in preparing this report.

Noting that the second largest response item is listed as false alarms, Alderman Faivre asked if those are alarm pulls or calls into the 911 call center. Fire Chief Thomas replied that a majority go through the 911 system and the rest come from pull stations/local alarms that go through alarm companies.

Alderman Faivre then asked if the alarm pulls are in isolated within certain locations. Fire Chief Thomas replied there is no pattern.

Referencing the hiring of additional personnel, Alderman Larson asked if the Fire Department was close to being fully staffed when responding to a call. Fire Chief Thomas replied they are getting very close.

City Manager Nicklas thanked Fire Chief Thomas for the report, noting he appreciates his leadership in the early months of his tenure.

Mayor Barnes offered his appreciation for the grants the Fire Department continuously seeks out, which helps offset costs. He also mentioned the Fire Department’s Facebook page, noting it’s great to see their connection with the community.

City Manager Nicklas announced the recent promotion of Don Faulhaber to Deputy Fire Chief of Operations.

E. PUBLIC PARTICIPATION

There was none.

F. APPOINTMENTS

Mayor Barnes read the following by title only:

1. Appointing Steve Doonan, Keith O’Higgins, Lisa Sharp, and Chuck Shepard to the Building Code Review Board, Each for the Completion of a Two-Year Term through December 31, 2024.

MOTION: Alderman Faivre moved to approve the appointments; seconded by Alderman McAdams.

VOTE: Motion carried by an 8-0 voice vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. Mayor Barnes read the following by title only:

2. Appointing Jennifer Salmon to the DeKalb Public Library Board for the Completion of a Three Year Term through December 31, 2025.

MOTION: Alderman Verbic moved to approve the appointment; seconded by Alderman Faivre.

VOTE: Motion carried by an 8-0 voice vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed.

G. APPROVAL OF THE MINUTES

1. Minutes Submitted by the City Clerk

There were none.

2. Minutes Submitted by the Recording Secretary

Mayor Barnes read the following by title only:

a. Minutes of the Regular City Council Meeting of May 23, 2022.

MOTION: Alderman Perkins moved to approve the minutes; 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.

H. CONSENT AGENDA

Mayor Barnes read the following Consent Agenda items by title only:

1. Accounts Payable and Payroll through June 13, 2022, in the Amount of $3,741,742.37.

2. Investment and Bank Balance Summary through April 2022.

3. Year-to-Date Revenues and Expenditures through April 2022.

MOTION: Alderman Morris moved to approve the Consent Agenda; seconded by Alderman Verbic.

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.

Alderman Larson asked that it be noted that City Clerk Sasha Cohen was not present at this meeting.

I. PUBLIC HEARINGS

Mayor Barnes opened the Public Hearing at 6:19 p.m. and read the following by title only:

1. Public Hearing: Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 2021 (April 1, 2021- to March 31, 2022).

There was no one in attendance who wanted to speak to this item.

City Manager Nicklas stated the purpose of the Public Hearing is to make information available to the public about how CDBG funding was allocated during Program Year 2021. He further noted that CDBG funding is used to serve low to moderate households within the community.

Alderman Faivre asked if there were any public comments, with Community Services Coordinator Rouse stating there were none.

With no further questions or comments, Mayor Barnes closed at 6:21 p.m. and thanked Community Services Coordinator Rouse for the work she put in to the report.

J. CONSIDERATIONS

There were none.

K. RESOLUTIONS

1. Resolution 2022-049 Authorizing an Intergovernmental Agreement with the DeKalb Community Unit School District No. 428 as it Pertains to School Resource Officers.

No action was taken on this item at this meeting as per the agenda amendment at the top of the meeting.

2. Resolution 2022-051 Authorizing the Award of a Contract to Curran Contracting, Inc. in the Amount of $934,183.70 for Resurfacing and Concrete Repairs on Thirteenth Street and Fourteenth Street and Various Other Locations with Staff Authority to Approve Change Orders Up to a Combined Project Total Not to Exceed $999,577.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Smith 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 is Phase Two of the 2022 annual street maintenance program. It was let for bid, with Curran Contracting offering the lowest base bid. Since Alternate 1 and Alternate 2 were relatively low, both are recommended, with a contingency to assist with change orders.

Mayor Barnes asked when it’s anticipated that the Thirteenth Street and Fourteenth Street project would be completed. City Engineer Gill replied that the Thirteenth Street project should be completed by August 12, 2022, and the Fourteenth Street project by September 2022.

There was no discussion among Council.

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 2022-052 Authorizing Brown Equipment Company to Make Repairs to the Public Works Combination Vacuum/Flusher Truck (Vactor) in an Amount Not to Exceed $51,026.

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. The vacuum/flusher portion of the City’s Vactor truck is currently out of service. Research conducted by Director of Streets, Facilities and Airport Andy Raih provided options that included trading in the truck as is for the purchase of a used combination truck, trading in the truck for the purchase of a new combination truck or making the necessary repairs to the current truck. Noting that the other alternatives are more expensive, it was recommended that the City have the existing truck repaired, which will also allow it to be returned to operation in a short period of time.

Alderman Larson asked if the cost to repair the truck included labor. It was confirmed that it does.

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 2022-053 Authorizing the Waiver of Competitive Bidding and an Agreement with Alexander Chemical Company for the Purchase and Delivery of Chlorine for Treatment of the City’s Drinking Water for a Period of Six Months from June 1, 2022, through December 31, 2022.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Verbic.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. Alexander Chemical Company, who has been the City’s chlorine supplier for a number of years, notified the City about a year ago that the price we had been paying – 30 cents per pound – was going to increase. Since then, there have been two to three more increases, bringing the price to approximately $1.11 per pound. He further noted that this is a national issue.

Continuing, City Manager Nicklas stated that with these increases, it is anticipated that the annual cost of chlorine for this year will exceed $20,000, which exceeds his spending authority. He then recommended the waiver of competitive bidding and the authorization of a purchase agreement with Alexander Chemical Company to continue to provide chlorine to the City for the remainder of the 2022 calendar year.

Alderman Perkins asked if there were any other options for the purchase. Director of Utilities, Transportation and Engineering Faivre (Mr. Faivre) stated that trying to find another supplier is challenging as suppliers are only serving their current customers due to the chlorine shortage.

Alderman Perkins asked about purchasing only a three-month supply rather to committing to six. Mr. Faivre replied that the City purchases on an as needed basis because it’s only allowed to store a certain amount of chlorine onsite, so it’s typically ordered every two to three months.

Alderman Perkins asked why lock in the price if there’s hope that it will go down. Mr. Faivre stated that due to the chlorine shortage, even with the agreement the City had with Alexander to purchase at 30 cents per pound, the price was increased. The City is hopeful it will only have to purchase at $1.11 a pound at this point.

Alderman Perkins commented that even though the City had an agreement with Alexander, they’re not honoring it. Mr. Faivre confirmed that was correct.

Alderman Perkins then asked what’s the point of the agreement, with Mr. Faivre stating “correct”. The supply is so short that suppliers are telling their customers they can walk away from the contract, but they won’t provide service in the future.

City Attorney Rose stated this is an industry wide issue throughout Illinois and not unique to DeKalb. If the City were to enforce the agreement, this supplier will not bid in the future, nor will the market. He commented that Normal, Illinois insisted on the adherence of the contract, thus causing them to lose their market share in the future.

Alderman Perkins said it’s interesting that even though the City moved forward with an agreement with Alexander, they didn’t fulfill their portion. It tells him they ran short and shipped the City’s material somewhere else. He questions the quality of a supplier willing to do that.

City Attorney Rose stated they are not the only supplier currently operating in this manner.

Alderman Larson stated that her farm has experienced the same issue and their farm chemical supplier sited force majeure.

City Attorney Rose stated he doesn’t think that force majeure is applicable in this situation.

Alderman Perkins asked how many different suppliers there are. Mr. Faivre replied that during the last bidding process, the City received three quotes.

Alderman Faivre asked City Attorney Rose if he’s had conversations with the supplier. City Attorney Rose replied that the City has reached out to larger municipalities who also have Alexander as their supplier – Evanston and Chicago – and they received the same price increase.

City Manager Nicklas stated the issue is supply right now and he doesn’t see a way around this.

For clarification, Mayor Barnes stated the City used to buy chlorine in three month increments and the reason a six-month agreement is recommended is because there’s concern the price will go up again. He then asked why not just do three months again.

Discussion ensued regarding the supply shortage and the length of the agreement.

City Manager Nicklas stated his main concern is that the City has enough chlorine to add to its water supply under IEPA guidance.

Discussion ensued.

Alderman Verbic commented on two recent news articles he found, which state the chlorine shortage is due to the high demand from a pandemic swimming pool boom and major chemical fire in Louisiana that devastated production capacity. Another recent news article states that chlorine shortage will end when a new plant is completed and running in January of 2023.

Alderman Faivre stated for the safety of the City’s drinking supply, we need to be careful when working with this supplier because we may not be able to find another. He also suggested that the City continue to look for a lower price. Further, if we change the agreement to meet their new terms, then part of the new agreement should read that if the market price changes, our agreement price should decrease as well.

City Attorney Rose agreed.

Speaking to Alderman Perkins’ comments, Alderman Faivre recommended if there’s opportunities to spot buy from a reputable dealer, the City should do that.

Mr. Faivre stated he has spoken with other suppliers and the price the City is getting from Alexander and the price other suppliers are selling to other communities for is the same. Further, he has spoken with Sycamore, who has a different supplier, and the very same thing has happened to them.

Alderman Perkins asked if the City is physically taking possession of the material or are we buying a right to ship at a later date. Mr. Faivre stated the new price is $1.11 as of June 1, 2022, and he can’t guarantee what the price will be in October. The price has been steadily increasing over the past few months.

Alderman Perkins asked how the product is delivered. Mr. Faivre replied that 30 cylinders is the maximum that can be ordered at one time, and that’s approximately a 2-½ month supply. Continuing, Mr. Faivre stated the recommendation is to go for another six months and hope that the supply demand eases. He added that the City can’t operate without chlorine.

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.

L. ORDINANCES – SECOND READING

There were none.

M. ORDINANCES – FIRST READING

1. Ordinance 2022-024 Amending the Municipal Code by Repealing Chapter 47 “Cultural Affairs Commission”, and Amending Chapter 44 “Landmark Commission”, and Chapter 59 “Economic Development Commission”.

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, starting with Chapter 47 “Cultural Affairs Commission”. He noted that focus was always very vague with this commission and over time the Human Relations Commission (HRC) picked up the cause. Further the City now has the Citizen Police Review Board (CPRB), which will deal more specifically with certain types of citizen complaints. In that context and considering the amount of time the commission has been dormant, it is recommended that this chapter be repealed.

Speaking to Chapter 59 “Economic Development Commission” (EDC), City Manager Nicklas stated the commission was meeting every month and then every other month. Based on conversations with EDC members, there was consensus to meet on a quarterly basis. Meetings would be advisory in nature.

Speaking to Chapter 44 “Landmark Commission”, City Manager Nicklas stated the City needs a Landmark Commission to uphold rules and regulations that are in place for historic buildings.

There was no discussion among Council.

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 of the ordinance and approve; seconded by Alderman McAdams.

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 2022-025 Authorizing the Issuance of Not to Exceed $4,300,000 General Obligation Refunding Bonds, Series 2022, of the City of DeKalb, Illinois.

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Verbic moved to approve first reading of the ordinance; seconded by Alderman Faivre.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. This item was previously discussed at the May 23, 2022, City Council meeting as a consideration, concerning the possibility of refunding one outstanding bond issue, the General Obligation Bonds, Series 2013A (Library Bonds), that meets the eligibility and logical requirements for refunding (refinancing). The bonds have a call date of January 1, 2023, and could be refunded up to three months in advance, in October 2022, to take advantage of the current market’s low interest rates and reduce the overall debt service over the remaining term of the bonds. City Manager Nicklas recommended approval on both readings at this meeting because of the volatility in the market.

There was no discussion among Council.

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 of the ordinance and approve; 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.

3. Ordinance 2022-026 Approving an Amendment to Ordinance 2021-015 to Extend the Time Limit to July 1, 2023, to Obtain a State-Issued Cannabis Dispensary License for the Property Located at 818 W. Lincoln Highway (NuMed Partners).

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Verbic 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. This item was first reviewed and approved by City Council in April 2020 via Ordinance 2020-029, which allowed NuMed to obtain a state-issued license within one year of the approval of the ordinance. In April of 2021, the Council approved Ordinance 2021-015, which extended the time limit to July 1, 2022, to obtain a state-issued license after a Cook County judge stayed action on state-issued licenses.

On May 27, 2022, the Cook County Circuit Court lifted the stay, allowing the state to begin licensing new businesses. Due to the uncertainty of the issuance of cannabis licenses in Illinois, NuMed has requested further extension.

The Planning and Zoning Commission (PZC) reviewed NuMed’s petition on June 6, 2022, and recommends that City Council approve the amendment to Ordinance 2021-015 to extend the time limit to July 1, 2023, to obtain a State-issued cannabis dispensary license for the property. The PZC also recommended the inclusion of the 2020 and 2021 conditions pertaining to the completion of the tenant improvements and the filing of a security plan.

Alderman Perkins asked what’s happening downstate. Jim Hughes of Next Generation, who partners with NuMed, replied that they have been told that the first wave of applications should be reviewed by July 22, 2022. He noted that Next Generation/NuMed is committed to DeKalb and appreciates Council’s patience.

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

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. Ordinance 2022-027 Amending the Fiscal Year-End December 31, 2021, Budget. Mayor Barnes read the ordinance by title only.

MOTION: Alderman Faivre moved to approve first reading of the ordinance; seconded by Alderman Verbic.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. The FY2021 year-end review has concluded, and the City has received a draft of the audited financial statements, to which the auditors have recommended one final amendment to the budget for FY2021. When the FY2021 budget was adopted, there was uncertainty as to the effect of the COVID-19 pandemic on certain revenue streams, including state sales tax revenues and the budget was adopted with a conservative amount of sales tax revenue expected. Since the fiscal year ended and revenue accruals have been recorded, the City experienced additional favorable economic results and actual sales tax revenue of about $6.2 million exceeded the higher, amended budget by roughly $593,000.

Further, the City previously entered into sales tax sharing agreements with other entities that share in the taxes generated by retailers in certain designated business areas. As a result, the actual expenditure for sales tax sharing agreements has also exceeded the original budget. Thus, an amendment to increase the sales tax sharing expenditure is necessary but is far outweighed by the additional sales tax revenue received. There is no net effect to the General Fund.

There was no discussion among Council.

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 Larson 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.

N. REPORTS AND COMMUNICATIONS

1. Council Member Reports.

Now that warm weather is here, Alderman Larson asked citizens to watch out for bicyclists. She further encouraged citizens to get out and enjoy all the events happening in DeKalb, including the Pride Parade set for June 23 at the Egyptian Theatre.

Alderman Perkins thanked those who attended his Ward 4 meeting in May.

Alderman Verbic thanked the crews working on the sidewalks in the Knolls area for cleaning up their workspace as the project continues.

Alderman Faivre reported on the Experimental Aircraft Association (EEA) events on June 4 and June 5, noting there was a great turn out. He also asked citizens to take care of their lawns, as well as offering assistance to neighbors who may need it.

Alderman Smith thanked the Public Works Department for their efforts in keeping the dust down as the Thirteenth Street and Fourteenth Street project continues. He further reported that residents are very happy with project results thus far.

Mayor Barnes reported on Alderman Perkins Ward 4 meeting, stating he thought it went great. There were a lot of great questions and input. He further reported on his attendance at the Opportunity DeKalb meeting, stating that the group is making efforts to drive positive change in the area. He also reported on the Memorial Day Parade and thanked Management Analyst Scott Zak for organizing the event, which was well attended. Concluding his report, Mayor Barnes stated there’s a lot of transformation going on downtown with sidewalks being removed as part of the Lincoln Highway configuration. He noted the transformation is expected to be done before Corn Fest.

2. City Manager Report.

City Manager Nicklas reported that he appreciates the work and effort being put forth by City Engineer Zac Gill on all the projects going on within the City at this time.

O. EXECUTIVE SESSION

There was none.

P. ADJOURNMENT

MOTION: Alderman McAdams moved to adjourn the Regular meeting; 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 and adjourned the meeting at 7:12 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_06132022-2192

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