DeKalb Times

City of Dekalb City Council met Dec. 12.

Here are the minutes provided by the council:

The City Council of DeKalb, Illinois held a Regular meeting on December 12, 2022, 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 present at the start of the meeting but left at 6:22 p.m.

Others in attendance included City Manager Bill Nicklas, City Attorney Matt Rose, and Police Chief David Byrd.

B. PLEDGE OF ALLEGIANCE

Shadow Gentry led the Pledge of Allegiance.

C. APPROVAL OF THE AGENDA

MOTION: Alderman Larson moved to approve the 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.

D. PRESENTATIONS

There were none.

E. PUBLIC PARTICIPATION

Rashaun Gibson stated to Council that he is unhappy with the conduct of the City of DeKalb Police Department and feels he is being racially profiled and harassed as a result of a ticket he received.

Mayor Barnes referred Mr. Gibson to the Citizen Police Review Board (CPRB).

Police Chief Byrd stated that Mr. Gibson has already filed a complaint that has been heard by the CPRB and indicated the Chair of the board will respond with the results.

Mr. Gibson indicated he has received the results but still feels that his issues with the Police Department have not been addressed.

Mayor Barnes encouraged Mr. Gibson to submit another complaint if he isn’t happy with the decision of the CPRB. Mayor Barnes also stated that Mr. Gibson he can speak to him personally regarding his issues.

Mark Charvat spoke regarding the tax levy approved at the November 28 City Council meeting, stating Council continues to portray the tax levy as a reduction but it’s actually an increase. He further stated that while the City’s portion of the levy is a reduction, the DeKalb Public Library’s portion will increase taxes by $23 per taxpayer.

Continuing, Mr. Charvat stated talk of the tax rate is confusing residents because the levy has gone up more than the rate has gone down. He indicated that homeowners with properties valued at about $300,000 will pay $988 for the City’s portion of their property tax bill, which is a reduction. However, the DeKalb Public Library’s portion of the levy will increase taxes by about $23 per taxpayer, meaning they will pay about $13.50 more in taxes. He encouraged Council to be honest with taxpayers about the increase.

Mr. Charvat also spoke about the American Rescue Plat Act (ARPA) grant to the Egyptian Theatre, also at the November 28 Council meeting. He stated he feels that Mayor Barnes and Alderman Faivre should give the community a reason why they flipped their vote. Mr. Charvat also indicated that Alderman Larson should not have voted on the item since her daughter works for the Egyptian Theatre.

Sasha Cohen spoke regarding a lawsuit he filed today against Executive Assistant/Recording Secretary Scott and the City of DeKalb for not allowing him to participate in the 2023 candidate nomination filing process, which started this morning. He admitted he hasn’t been a great clerk, but he should have been allowed to participate as the Local Election Official.

City Manager Nicklas addressed Mr. Cohen’s comments, stating it’s alleged by Mr. Cohen that he is still performing the duties of clerk. However, Mr. Cohen has been absent from a majority of City Council meetings, beginning in 2021 to date, most without an excuse or notice. Because of that, DeKalb County has been in contact with Mrs. Scott who has proceeded in Mr. Cohen’s absence for the past several months.

Continuing, City Manager Nicklas stated that if Mr. Cohen has filed a suit, he welcomes it. If this community thinks that Mr. Cohen’s actions and what he stands for, which is trying to demean and trivialize our most sacred of institutions, is warranted, then he doesn’t want to be counted among the people serving this city.

Mayor Barnes agreed with City Manager Nicklas’ comments.

F. APPOINTMENTS

There were none.

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 Special Joint Meeting of the City Council and Finance Advisory Committee of November 21, 2022.

b. Minutes of the Regular City Council Meeting of November 28, 2022.

MOTION: Alderman Faivre moved to approve the minutes submitted by the Recording Secretary; 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. CONSENT AGENDA

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

1. Accounts Payable and Payroll through December 12, 2022, in the Amount of $4,743,175.34.

2. Investment and Bank Balance Summary through October 2022.

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

4. Approval of the 2023 Schedule of Meetings.

5. Resolution 2022-119 Approving the Cancelation of the December 27, 2022, Regular Meeting of the City Council, and Approving the Payment of Invoices for the Second Part of December Prior to the January 9, 2023, Regular Meeting of City Council.

MOTION: Alderman Smith moved to approve the Consent 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.

I. PUBLIC HEARINGS

Mayor Barnes opened the Public Hearing at 6:17 p.m. and read the following by title only:

1. Public Hearing: Vacation of Locust Street and N. Eighth Street.

There was no one in attendance wishing to speak to this item.

City Manager Nicklas stated he would wait until Ordinance 2022-071 to provide a summary. There was no discussion among Council.

Mayor Barnes closed the Public Hearing at 6:17 p.m.

J. CONSIDERATIONS

There were none.

K. RESOLUTIONS

1. Resolution 2022-120 Authorizing Agreements for Insurance Coverage Effective December 1, 2022, through December 1, 2023, in the Amount of $602,576.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Verbic 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. This resolution authorizes a one-year extension agreement with Crum-Halsted and participating third-party agencies for the City’s workers compensation and property/casualty insurance. The related cost of services is $602,576.00, an increase of $83,804 (16.2%) over the 2022 package of $518,772. Several factors contributed to this increase, including a significant increase in the City’s cyber security costs, a more thorough inventory of City properties, which highlighted deficiencies in the existing coverage, a similar inventory of the City’s newer vehicles, which contributes to a higher property liability.

In early FY2023, two smaller insurance “riders” for the Airport and “pollution” exposure (e.g., the City’s fuel depot) will be brought before the Council.

There were no questions or comments from 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.

2. Resolution 2022-121 Approving a Bar Liquor License for CJs Gaming Bar LLC, 2022 Sycamore Road, with Supplemental Licensure for Video Gaming.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Faivre 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. The business located at 2022 Sycamore Road is one of the 10 permitted video gaming establishments authorized by Council. The current owner is selling the business because of their inability to obtain a gaming license from the Illinois Gaming Board. The potential new owner, Lisa Carroll, has applied for a bar liquor license with supplemental gaming. If approved, both licenses would be considered “conditional” until the requirements laid out in the resolution are met, which includes receipt of their State of Illinois liquor and video gaming license, and a City of DeKalb fire life safety license. The potential owner has also applied for an amusement license for the placement of four (4) pool tables.

If approved, the City will receive an initial issuance fee of $10,766. Non-refundable fees in the amount of $1,788 have already been paid by the potential new owner, which include application fees for the liquor license, video gaming license, fire life-safety license, background investigation, and amusement device application.

The license term for a bar liquor license begins January 1 and ends December 31. Therefore, the initial liquor and video gaming licenses will expire on December 31, 2023.

Alderman Larson asked if the previous owner ever received approval through the state for a gaming license. City Attorney Rose replied that the two previous owners had issues obtaining a gaming license through the state for various reasons.

Alderman Larson stated she isn’t a fan of gaming and asked how long the City has to honor one of the original 10 gaming establishments if they lose their license.

Mayor Barnes stated it transfers with ownership. However, in the future, if someone loses their state gaming license, we don’t have to renew it.

City Attorney Rose stated the City’s gaming license is conditional upon them obtaining a state gaming license. If they don’t get it, the City’s license could be revoked.

Discussion ensued, with City Manager Nicklas indicating this topic has been brought up before.

Alderman Morris noted her concern for the business owner and location if Council were to not approve an initial license or renewal. She noted the venue is a good fit for what it is, and Council has capped the number of establishments recognizing that perhaps this is a predatory business and not ideal for positive things in the community. However, there are people who are making their living off of these businesses.

Mayor Barnes suggested bringing the topic of further restricting gaming establishments to Council as a consideration for discussion.

Alderman Verbic stated that a gaming establishment losing their gaming or liquor license should trigger further review and perhaps allow the next business in line to obtain permission to seek a license.

Mayor Barnes stated he doesn’t trust the integrity of a waiting list.

Alderman Morris asked why the previous owners of CJ’s lost their license. City Attorney Rose replied that the first owner was convicted of a crime, forfeited her licenses, and sold the business to the second owner. Based on records obtained by the City, an investigation by the State of Illinois Gaming Board suggests the second owner may not have been the most kosher as well, which caused concern.

Alderman Perkins asked if the City is satisfied that this business has indeed changed ownership. City Attorney Rose replied in the affirmative.

Brief discussion ensued regarding the process of revoking a license if needed.

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.

Sasha Cohen left at this point in the meeting.

3. Resolution 2022-122 Approving a Bar/Restaurant Liquor License for Lucky Fisherman Inc., d/b/a Pizza Pros, 1205 W. Lincoln Highway.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Smith 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. The owner of Pizza Pros is selling his business to Michael Cullen, Jr. and Alan Beron through a stock purchase agreement, which allows them to maintain the original corporation and business name. Since the current license isn’t transferable under City ordinance, the new owners have applied for a new liquor license. If approved, the license would be considered “conditional” until the requirements laid out in the resolution are met, which includes receipt of their State of Illinois liquor license and a City of DeKalb fire life-safety license. If approved, the City will receive an initial issuance fee of $10,766. Non-refundable fees for the liquor license application, fire life-safety application, and background investigations in the amount of $738 have already been paid. The license term for a bar/restaurant liquor license begins January 1 and ends December 31. Therefore, the initial liquor license will expire December 31, 2023.

There were no questions or comments from 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.

4. Resolution 2022-123 Authorizing an Architectural Improvement Program (AIP) Economic Incentive for OQ Nails & Spa, 237 E. Lincoln Highway (Kristy Nguyen).

Mayor Barnes recused himself from this item as he owns property within TIF #3, therefore, Alderman Faivre read the resolution by title only.

MOTION: Alderman Morris 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 owner of the commercial property at 237 E. Lincoln Highway has requested City assistance with a number of exterior renovation and repair tasks that fall under the scope of the TIF #3 AIP. Specifically, the owner has requested reimbursement for terra cotta repairs along the second story roofline, as well as some related roof repairs. Under the terms of the AIP program, the roof repairs are considered “deferred maintenance” and can only be reimbursed up to 10% of the owner’s cost. The terra cotta repair work on the historic building cornice and related tuckpointing qualifies for a 50% reimbursement. The overall grant cannot exceed $25,000. The total reimbursable grant would be $10,775. If approved, the work would need to be inspected and paid receipts plus lien waivers are required.

There were no questions or comments from Council.

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

5. Resolution 2022-124 Authorizing the Amendment of Resolution 2022-038 that Awarded a Construction Services Contract to Elliott & Wood, Inc. for the Lincoln Highway Lane Reconfiguration with a Revised Total Project Amount of $1,855,000.

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 downtown street reconfiguration project this past summer experienced a cost over-run owing to unforeseen circumstances. On April 25, Council approved a contract with Elliott & Wood for the Lincoln Highway project for the base amount of $1,763,000 with no contingency allowance. The project stayed within budget except for the costs associated with the construction of the unique storm catch basins. The iron grates essential for those storm inlets were backordered from the time the original bid was awarded through September, and as a result, some special interim work had to be performed at an additional cost. The grates were ultimately installed during the week leading up to Veteran’s Day.

The additional cost associated with the stormwater structures drove the overall project cost to $1,855,000, or 5.2% above the original contract price. On a job of this size and complexity, the change order allowance is usually 10%. There is a sufficient balance in the TIF#3 Fund to absorb this difference.

There were no questions or comments from 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.

6. Resolution 2022-125 Authorizing the Amendment of Resolution 2022-075 that Awarded a Contract to Curran Contracting Inc. for the Resurfacing of Knolls Avenue with a Revised Total Amount of $620,000.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Verbic 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. On August 22, Council approved Resolution 2022-075 authorizing a contract with Curran Contracting for a base bid amount of $499,070.60 as well as a contingency bringing the overall project commitment to $520,000 for the re-surfacing of the Knolls “loop” including much of Knolls Avenue. As the job progressed it was apparent that the deepest “binder” asphalt course had suffered considerably over the years from infiltrating rain and snow and seasonal wear that was not restricted to the surface course. In brief, too much time had intervened between the last re-surfacing and the 2022 project to escape such profound deterioration. As a result, the Knolls Avenue surface was milled to the stone base in many places, and two new asphalt “lifts” were needed to finish the job, rather than the one lift that was bid. While core samples taken in the planning and design phase can show a depth, a broad-based evaluation of the binder course cannot be completed until a milling machine makes a pass removing a full width segment of the surface course. A similar condition may impact the budgetary and scheduling considerations for next year’s re-paving in the Knolls subdivision.

Therefore, City Council approval is needed to cover the cost over-run. An additional $100,000 is required to cover the final project cost of $620,000. The Capital Projects Fund (Fund 400) has the reserve to cover this over-run. Some savings from the N. Thirteenth Street and N. Fourteenth Street reconstruction projects in 2022 will offset a portion of the difference.

Brief discussion ensued between Mayor Barnes and City Manager Nicklas regarding the project.

Alderman Verbic stated letting projects such as this go to long is the challenge and wondered how do we keep up with the entire city of DeKalb and not hold off on street repair too long.

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.

7. Resolution 2022-126 Authorizing an Amendment to Resolution 2021-089 that Awarded a Professional Services Agreement to Jacob & Hefner Associates, Inc. for Construction Engineering During the Gurler Road and Illinois Route 23 Intersection Improvements to an Increased Amount Not to Exceed $191,177.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Perkins 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. This adjustment pertains to additional costs associated with the engineering supervision, field work, payouts, final material testing, and contract administration performed by the engineering firm of Jacob & Hefner Associates, Inc. for the intersection improvements and traffic signals at Illinois Route 23 and Gurler Road from the fall of 2021 through the fall of 2022. This project received state grant assistance in the amount of $1.5 million and was also funded by private contributions from the Ferrara Candy Company. The Jacob & Hefner contract was approved by the Council on September 27, 2021. The original bid price for the construction project (not including engineering) was about $1.75 million.

The intersection project, which extended across the better part of two construction seasons, soon encountered unforeseen storm water drainage challenges, underground utility conflicts, and additional paving associated with those challenges. The final project price escalated to approximately $1.9 million. The typical 10% engineering fee, which includes regular construction inspection as well as design work, also escalated to nearly $192,000. The final payout will be fronted by the City, but ultimately reimbursed by the Illinois Department of Transportation and private contributions toward the infrastructure improvements completed at Gurler Road and Illinois Route 23.

Very brief discussion ensued between Mayor Barnes and City Manager Nicklas.

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

1. Ordinance 2022-068 Adopting the Annual Budget for the Fiscal Year Beginning January 1, 2023, and Ending December 31, 2023.

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Perkins moved to approve the ordinance on second reading; seconded by Alderman Morris.

City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet. The Proposed FY2023 City budget was approved on first reading by the City Council on November 28. The entire budget document was reviewed by the City Council in a special joint meeting with the Finance Advisory Committee (FAC) on November 21. Previously, the main features of the FY2023 budget’s general operating fund and capital funds were reviewed by the FAC on October 19 and an initial joint meeting of the Council and FAC on August 15 considered some key staff assumptions that were the building blocks of the final draft budget before the Council.

All of the FY2023 budget’s 29 funds have positive balances and are supported by appropriate reserves.

There were no questions or comments from 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.

M. ORDINANCES – FIRST READING

1. Ordinance 2022-071 Vacating a Certain Portion of Locust Street and N. Eighth Street (Nehring Properties).

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. As described in the Public Hearing portion of this agenda, this ordinance would vacate E. Locust Street from N. Seventh Street to N. Tenth Street to create a private parking area where tractor trailers could load and unload without conflict with other vehicular traffic. The vacation is consistent with a development agreement between the City and the Nehring Electrical Works Company that was approved on October 10. Additionally, the Council agreed to vacate N. Eighth Street from E. Lincoln Highway to E. Locust Street for unrestricted use by Nehring Electric because this short street section only served vehicular traffic going to and from the company’s manufacturing buildings. The public hearing and Ordinance 2022-071, which enable and formally approve the proposed street vacations, are follow-on measures consistent with the Council’s direction of October 10.

The documents associated with this item also include a cross-access easement to permit limited travel by employees of American Marketing to and from that firm’s main office parking lot. On December 5, the Planning and Zoning Commission considered the Locust Street and N. Eighth Street vacation requests, and by a vote of 6-0 (Commissioner Maxwell was absent), the Commission recommended the Council’s approval.

There were no questions or comments from 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 Perkins moved to approve on first reading and waive second reading of the ordinance; 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.

N. REPORTS AND COMMUNICATIONS

1. Council Member Reports.

Alderman Verbic wished for everyone a happy holiday season. He further stated he’s looking forward to what’s possible in 2023 and thanked City staff for all they do every day.

Alderman Larson reported on a recent visit with Mortensen, the company building Meta, stating they have a program that assists people with getting into the trades, which is called the Hard Hat in Hand program.

Alderman Faivre wished everyone a happy holiday season and Merry Christmas. He also thanked Public Works for a successful leaf pickup season.

Mayor Barnes reported on recent events and meetings he’s attended in the past few weeks, including meeting with the leadership of Greek Row to discuss and share ideas for the area, a meeting with the Northern Illinois University (NIU) Department of Management with City Manager Nicklas to hear presentations from students about what they think should be done with the AGN area, being nominated to the Illinois Municipal League Board of Directors and attendance at a recent meeting where he was appointed to a legislative group to lobby for police and fire pension reform, of which City Manager Nicklas will also be a part of, meeting with NIU Board of Trustees about how to further and deepen the relationship between NIU and the City, attending a Human Relations Commission meeting where the DeKalb School District was present to discuss safety, attending a DeKalb Park District meeting with City Manager Nicklas to advocate for a reduction in their tax rate, however, they decided to keep their tax rate the same, attending an Opportunity DeKalb meeting, and attending the annual Police Department holiday dinner.

Mayor Barnes wished everyone a happy holiday season and stated 2022 has been a great year.

2. City Manager Report.

City Manager Nicklas had no report.

O. EXECUTIVE SESSION

1. Approval to Hold an Executive Session in order to discuss:

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

b. the Sale or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(6).

MOTION: Alderman Verbic moved to recess the meeting for Executive Session; 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 recessed the meeting at 6:58 p.m.

Following adjournment of the Executive Session, Mayor Barnes opened the meeting to the public at 7:35 p.m.

P. ADJOURNMENT

MOTION: Alderman Perkins moved to adjourn the Regular meeting of City Council; 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 Regular meeting at 7:35 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_12122022-2285