DeKalb Times

City of Dekalb City Council met Feb. 26.

Here are the minutes provided by the council:

The City Council of DeKalb, Illinois, held a Regular meeting on February 26, 2024, 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 Zasada, Alderman Barb Larson, Alderman Tracy Smith, Alderman Greg Perkins, Alderman Scott McAdams, Alderman Mike Verbic, Alderman John Walker, and Mayor Cohen Barnes.

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

Sasha Cohen was absent.

B. PLEDGE OF ALLEGIANCE

Shadow Gentry led the Pledge of Allegiance.

C. APPROVAL OF THE AGENDA

Mayor Barnes asked for a motion to amend the agenda to remove Ordinance 2024-013.

MOTION: Alderman Perkins moved to amend the agenda as noted; seconded by Alderman Larson.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

D. PRESENTATIONS

1. Hope for the Day’s Proactive Mental Health Awareness Proclamation.

Mayor Barnes read the proclamation in its entirety. He stated it’s important to continue to advocate for mental health awareness and thanked Alderman Zasada for taking part.

2. DeKalb Public Library 2023 Annual Report.

DeKalb Public Library Executive Director Emily Faulkner presented the Library’s FY2023 annual report to the Council, which included ongoing and upcoming events and programs.

Alderman Perkins thanked Ms. Faulkner for an excellent report.

Mayor Barnes commended Ms. Faulker and the DeKalb Public Library Board for their financial responsibility.

E. PUBLIC PARTICIPATION

Prior to public participation, Mayor Barnes read the statement provided on the City Council’s speaker request form, which provides guidelines for addressing the Council.

Mark Charvat expressed concern regarding Ordinance 2024-014, which pertains to amending Chapter 52 of the City’s Municipal Code. He explained that this same type of amendment came before the then seated Council in March of 2016 and failed. Mr. Charvat encouraged the Council to read the minutes from that meeting.

Mayor Barnes stated the next speaker, H.M., chose not to provide their name for the record. Addressing the speaker, Mayor Barnes explained that criticism of individuals is not in order, which is also stated on the Council’s speaker request form.

There was a brief conversation between Mayor Barnes and H.M. regarding Mayor Barnes’ comments to ensure she wasn’t violating procedure.

H.M. stated she is a Hispanic victim, not a surrogate, and noted she’s speaking on behalf of her family and Hispanic rights. She then claimed false statements and vilification towards her by members of the Council following the February 12, 2024, Council meeting where she alleged misconduct by City Manager Nicklas, Mayor Barnes, and Alderman Carolyn Zasada.

Mayor Barnes denied the claims and stated the court system would be the best place for her to address her concerns.

H. M. continued, stating she believes the lack of official investigation of City Manager Nicklas is a cover up for alleged misconduct.

Mayor Barnes interjected and stated she cannot target individuals.

H.M. continued addressing the Council regarding claims of misconduct.

Mayor Barnes again interjected, stating H.M. made her case at the February 12, 2024, Council meeting, and at this point she is out of order.

H.M. continued addressing the Council.

Mayor Barnes asked for a motion to recess the meeting.

MOTION: Alderman Perkins moved to recess the meeting; seconded by Alderman Larson.

VOTE: By voice vote, a majority of those Council members present voted to recess the meeting; Alderman Zasada dissented. Mayor Barnes recessed the meeting at 6:17 p.m.

H.M. continued her comments during the recess; however, all mics were silenced.

At the conclusion of H.M.’s comments, Mayor Barnes asked for a motion to bring the meeting back into session.

MOTION: Alderman Larson moved to bring the meeting back into session; seconded by Alderman Walker.

VOTE: By voice vote, a majority of those Council members present voted to bring the meeting back into session, which Mayor Barnes did at 6:19 p.m.

F. APPOINTMENTS

Mark Charvat stated for the record he believes recessing the meeting violated the Open Meetings Act (OMA), adding it’s the public’s first amendment right to criticize public officials.

Mr. Charvat expressed concern that appointments to the Human Relations Commission (HRC) were not on the agenda. He recalled that Mayor Barnes dismissed two longtime members of the HRC in November of 2023 without notice, leaving the public to speculate it was because they acted independently of the Mayor’s agenda.

Mayor Barnes interjected, stating one of the members had been in place for 19 years and their terms simply weren’t renewed.

Continuing, Mr. Charvat stated as a result of the Mayor’s actions, the HRC doesn’t have enough members to obtain a quorum and had to cancel their February 2024 meeting. He further stated that Mayor Barnes explained to the HRC the reason for not renewing the member terms was because he wanted new membership on the City’s boards, commissions and committees (BCCs). Mr. Charvat stated if that’s true, then it should be done for each of the City’s BCCs. He also noted that it’s his understanding that many community members have applied to be on the HRC and asked when it might be back up to par.

Mayor Barnes stated appointments will be part of the next Council agenda.

Alderman McAdams congratulated the DuPage Republican party for their coordinated effort in disrupting this meeting.

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

Mayor Barnes read the following appointments by title only:

1. Appointing DeKalb County Administrator Brian Gregory to the Airport Advisory Board as per Chapter 45 “Airport Advisory Board”, Section 45.03 “Membership”.

2. Appointing Nick Newman to the Citizens’ Environmental Commission as an Ex-Officio Member as per Chapter 50 “Citizens’ Environmental Commission”, Section 50.02-b) “Membership”.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

G. CONSENT AGENDA

Mayor Barnes read the following items by title only:

1. Minutes of the Regular City Council Meeting of February 12, 2024.

2. Accounts Payable and Payroll through February 26, 2024, in the Amount of $3,935,460.59.

3. Freedom of Information Act (FOIA) Report – January 2024.

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

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

H. PUBLIC HEARINGS

1. Public Hearing Regarding a Lead Replacement Project Plan and Related Application to the Illinois Environmental Protection Agency for Loan Assistance.

Mayor Barnes read the above by title only opened the Public Hearing at 6:24 p.m. No one from the public spoke to this item.

There were no questions or comments from the Council.

Mayor Barnes closed the Public Hearing at 6:24 p.m.

I. CONSIDERATIONS

There were none.

J. RESOLUTIONS

1. Resolution 2024-023 Awarding a Sponsorship Grant of $5,000 to the DeKalb Wrestling Club for the 2024 Illinois Elementary School Association (IESA) State Wrestling Tournament on March 8-9, 2024.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Perkins moved to approve the resolution; seconded by Alderman Walker.

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet.

Alderman Walker expressed his support for this item, as did Alderman Perkins, Alderman Zasada, and Mayor Barnes.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

2. Resolution 2024-024 Authorizing an Intergovernmental Agreement with the State of Illinois Department of Transportation (IDOT) for the State Fiscal Year 2025 Downstate Operating Assistance Agreement in the Amount of $6,911,080.

Mayor Barnes read the resolution by title only.

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

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet.

There were no questions or comments from the Council.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

3. Resolution 2024-025 Authorizing an Update to the City of DeKalb Public Transportation Agency Safety Plan.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Larson moved to approve the resolution; seconded by Alderman Walker.

Prior to his overview of this item, City Manager Nicklas commented on the previous resolution, noting the amount includes a 10% increase from the year before and thanked Transit Manager Mike Neuenkirchen for his efforts.

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet.

Alderman Smith also commented on the previous resolution, stating none of the funding comes from the City, to which City Manager Nicklas confirmed.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

4. Resolution 2024-026 Approving a Body Art Establishment (Tattooing) License for Randi Kay LLC, Doing Business as Séance at Tiffany’s, 150 E. Lincoln Highway.

Mayor Barnes read the resolution by title only.

MOTION: Alderman McAdams moved to approve the resolution; seconded by Alderman Larson.

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet.

Alderman McAdams expressed his support for this item.

Alderman Walker asked for clarification regarding this item. It was explained that the proposed services would be for cosmetic purposes only, e.g., permanent makeup rather than traditional tattooing.

Alderman Walker then addressed the owner, Randi Lockhart, and asked what the primary services of the business will be. Ms. Lockhart stated not only will she be providing permanent cosmetic tattooing, but the business is also a boutique. She further added that tarot card reading will be offered.

Alderman Walker asked Ms. Lockhart if she will ever offer traditional tattooing, to which she replied she would not as she’s not trained to do so.

City Attorney Rose commented that this resolution provides conditions that Ms. Lockhart will have to adhere to, adding the license will be restricted to the types of services provided in the business model.

Discussion ensued regarding the number of allowed tattoo establishments in the downtown area and the restrictions laid out in the resolution.

Ms. Lockhart provided information regarding the signage for the business, stating it contains the business logo and the services offered. She also noted that services will be provided by appointment only.

Discussion continued.

Alderman Perkins noted his support for the business as it has a special niche.

Discussion ensued between Alderman Perkins and City Attorney Rose regarding the conditions of the business’ license and who will ensure the restrictions are observed. It was noted that the business will be on the “honor system”.

Discussion continued. City Attorney Rose stated that the ordinance amending Chapter 67 later in the meeting can be amended to state that if the business closes its doors, the number of allowed tattoo establishments in the downtown area will be decreased to three. Alderman Perkins stated he was amenable to that.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

K. ORDINANCES – SECOND READING

There were none.

L. ORDINANCES – FIRST READING

1. Ordinance 2024-011 Authorizing Boundary Modifications to the Area Known as the DeKalb County Enterprise Zone, Amendment 4 (ChicagoWest Business Center).

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Perkins moved to approve First Reading of the ordinance; seconded by Alderman Smith.

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet.

Alderman Zasada asked who owns the parcels. City Manager Nicklas replied that ChicagoWest Business Center owns some, some are under contract, and some are privately held.

Alderman Smith asked if the recently annexed Golden property was included in the modification. City Manager Nicklas stated that that property is in region one, which is south of the tollway and east of Gurler Road. He further stated that everything else is annexed and zoned and noted that without the enterprise zone, there will be no interest.

Alderman McAdams stated that anything the City can do to lower property taxes later is something he supports.

VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Recused: Larson. Mayor Barnes declared the motion passed.

MOTION: Alderman Verbic moved to waive Second Reading; seconded by Alderman Perkins.

City Manager Nicklas mentioned that Mark Williams of the DCEDC will be facilitating the modification with the other enterprise zone participants and it should be completed within the next 30 to 60 days.

VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Recused: Larson. Mayor Barnes declared the motion passed.

2. Ordinance 2024-012 Amending Chapter 67 “Body Art Establishments (Tattooing)”, Section 67.03 “Qualifications for Body Art Establishment License”, Section 67.05 “Public Hearing on Application for Body Art Establishment License”, and Section 67.06 “Issuance of Body Art Establishment License”.

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Zasada moved to approve First Reading of the ordinance; seconded by Alderman McAdams. (No action was taken on this motion; see below.)

City Manager Nicklas stated that based on the conversation during Resolution 2024-026, the Council may want to amend the ordinance to state that if one of the four allowed tattoo establishments closes, the City will revert to only three establishments being allowed in the downtown area.

Brief discussion ensued regarding the procedure for amending the motion currently on the floor. MOTION: Alderman Perkins moved to amend the ordinance; seconded by Alderman Walker.

There was discussion regarding the amendment and the maximum number of tattoo establishments being allowed.

Alderman Zasada stated she believes there should be a differentiation regarding traditional tattoo establishments and the services proposed by the owner of the business (see Resolution 2024- 026).

Alderman Larson asked for clarification about what was being voted on. City Attorney Rose explained the amendment would include language that states the number of tattoo establishments will be reduced to three if one of the four left the downtown area or went out of business.

VOTE: Motion carried by a 5-3 roll call vote. Aye: Larson, Smith, Perkins, Walker, Barnes. Nay: Zasada, McAdams, Verbic. Mayor Barnes declared the motion passed. (This item will return for second reading at a future Council meeting.)

3. Ordinance 2024-013 Amending Chapter 38 “Intoxicating Liquors” was removed from the agenda at the beginning of the meeting.

4. Ordinance 2024-014 Amending Chapter 52 “Offenses Against the Public Peace, Safety, and Morals”, Section 52.411 “Nuisance Gathering”.

Mark Charvat expressed concern over phrasing in the ordinance that states an officer can predict who intends to commit a crime. He also asked if this ordinance is being presented to make money, and who would be targeted. Mr. Charvat encouraged the Council to give the ordinance to the HRC for further review. He also encouraged the Council to review the Council meeting minutes from January through March of 2016, which addressed this matter, as well as the HRC’s meeting minutes from that same period.

Howard Solomon agreed with Mr. Charvat’s comments and stated that as a musician, there are times when he may be walking back to his car after an event and someone sees his equipment and asks him to play something. He then asked if that would be considered a nuisance gathering.

Concluding his comments, Mr. Solomon encouraged the Council to review the history of this chapter of the City’s Municipal Code.

Mayor Barnes read the ordinance by title only.

MOTION: Alderman McAdams moved to approve First Reading of the ordinance; seconded by Alderman Larson.

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. He noted this ordinance isn’t about penalizing any certain group of people, but rather to assist groups that are being harassed by those being belligerent, for example, those who are openly drinking in a parking lot or sitting in their car, which is happening in a couple of areas in the downtown area. Therefore, this amendment gives the police another tool and carries a higher fine to get the attention of those who don’t have any regard for the general public trying to navigate to get to where they’re going.

City Attorney Rose stated nuisance gathering already exists within the City’s Municipal Code, however, this amendment includes specific additional offenses such as fighting and/or discharge of a firearm. He went on to explain that the language in the amendment – “intends to commit” – is included in a body of case law that defines attempts (such as murder) and requires a specific intent, knowledge, and actual act associated with it that’s recognized in the law.

Continuing, City Attorney Rose stated, the ordinance amendment applies to nuisance gatherings where there are three or more people and one or more of those persons is committing an actual offence listed in the ordinance so when police officers see it, they can announce it’s happening, disperse the crowd and give citations. He noted that these types of occurrences are taking place in parking lots and there’s been a call for action. Further, the amendment is neutral and doesn’t target anyone nor does it offend certain constitutional principles.

Mayor Barnes commented that he’s received numerous complaints regarding the parking lot behind City Hall, stating there have been numerous fights and a recent shooting. Further, garbage, including empty liquor bottles, etc., is left behind. He also noted this amendment is attempting to give the City’s police officers a few more tools to bring order.

Alderman McAdams stated this is about unreasonable behavior influenced by liquor and/or drugs that annoys or threatens those trying to peacefully navigate the downtown area and wondered who wouldn’t support that. He added that while it can’t be predicted what people are going to do, this amendment would give police officers the tools necessary to ensure peace.

Alderman Walker stated the police department already has enough on the books to enforce the peace and he does not support the proposed amendment. Further, he believes minorities, specifically kids, are going to be targeted and he doesn’t trust the police department to make the right decision.

Continuing, Alderman Walker stated that Lord Stanley’s has been an issue in the past, however, it has a new owner and he shouldn’t be blamed for the shooting that occurred. He added that any business can be a nuisance to the area and encouraged due diligence.

Alderman Perkins asked why private property was being included in the amendment. City Manager Nicklas replied there have been instances where there have been “pop up parties” with swarms of people and cars blocking access to parking lots, etc., that may or may not be adjacent to public property.

Discussion continued.

City Attorney Rose stated the current ordinance doesn’t restrict itself to public property, but to any property within the city.

Alderman Verbic stated the challenge is that everyone has different definitions of what’s unreasonable and he thinks it would be difficult for the police department to determine what is reasonable and what isn’t. Further, it appears a number of the items listed in the amendment are already crimes and the offenders would be pursued as committers of crimes; and, while crimes are a nuisance, in this this case the City is already covered and anyone being offended against should report the crime.

Continuing, Alderman Verbic stated he’d like to see the data and justification for making the amendment, such as how many incidents there are, what’s the severity of the incident, and how we got to this point.

Alderman Zasada stated she echoes Alderman Verbic’s comments. She also agreed with Alderman Walker, stating the proposed amendment seems to be youth targeting.

City Attorney Rose stated the offences listed in the amendment are predicate offenses, meaning someone must commit the offence. For example, currently someone with an open container in a parking lot could be issued a citation for open drinking, but if there’s a crowd of 30 people at the same time, without an order to disperse, a police officer would only have the authority to cite the person committing the offense. However, if the same scenario is viewed as a nuisance gathering as proposed, and at least one of the listed offences is occurring, a police officer could give the order to disperse to prevent subsequent fights, etc.

Mayor Barnes clarified a citation would only be issued if a crowd didn’t disperse after it was ordered to do so. City Attorney Rose stated that is correct.

Alderman Larson stated citizens should be able to get to their vehicle without feeling intimidated or unsafe.

Alderman Walker questioned Alderman Larson about what citizens might be intimidated by – stories they’ve heard, the people, their race, their gender? He also stated that he agrees with Alderman Verbic that statistics are needed to access what’s really going on.

Alderman Walker then addressed Police Chief Byrd and asked if DeKalb’s police officers receive awards for the number of tickets they write. Police Chief Byrd stated the police officers receive awards for their performance and there is no quota for the number of tickets written.

There was brief discussion between Alderman Walker and Police Chief Byrd.

Alderman Verbic stated he would have preferred that this item had come before the Council as a consideration so that other alternatives could be discussed to improve this situation, such as brighter lights and/or or squads being placed in parking lots, and even more things for kids to do. He noted these challenges are why he hesitates to support the proposed amendment.

Alderman Zasada asked why the amendments weren’t shown within the chapter document as they typically are. City Attorney Rose admitted that showing the proposed amendments within the ordinance document was easier.

Mayor Barnes stated he would also like to see future amendments to the City’s Municipal Code within the chapter document.

Alderman Larson responded to Alderman Walker, noting a personal experience where she did feel intimidated while walking past a group of kids who were pushing and shoving each other, not knowing if it was just for fun or if it was malicious behavior. She added she was focused on where she needed to get and not paying attention to race.

Alderman Perkins wondered if there are other alternatives to combat the issue at hand or is the proposed amendment the only way to go.

Mayor Barnes stated one business owner has indicated they aren’t responsible for and have no control over what happens in the parking lot behind their business. He added that he’s watched the videos of the fights that have taken place in that area, including the recent shooting, all of which have occurred later in the evening. However, he’s also heard from the parents of children leaving the dance studio that shares the same parking lot who are intimidated by people gathering and sometimes even sitting on vehicles that aren’t theirs.

Alderman Walker stated that while he hears what other Council members are saying, he’s also hearing from young minority people, who aren’t breaking any laws, that they are being harassed by police officers, so why should the police department be given another tool to harass them.

Alderman Smith stated, speaking from experience, the types of crowds at issue have existed for years. Further, private property owners have rights too, and the police department needs a tool to disperse crowds. Concluding his comments, Alderman Smith stated he supports the proposed amendments.

Alderman Zasada stated this is a challenging situation and she understands where Alderman Larson is coming from. She also wondered if someone was sitting on her car and she asked them to move if she would be escalating the situation.

Alderman Zasada then asked if the current ordinance doesn’t allow a police officer to disperse crowds. City Attorney Rose stated the current ordinance would not allow a disbursement order unless it rises to the level of disorderly conduct.

Alderman Zasada reiterated that this is a challenging situation, and she thinks the proposed amendment needs to be reviewed more closely so that minority groups aren’t being targeted.

Mayor Barnes stated he’s hearing from a broad range of people – tenants, landlords, business owners, parents – who are saying they need help with the issue at hand and he wants to give them that and police officers the tools to do it.

City Manager Nicklas stated he’s also heard from business owners and citizens asking what can be done regarding the issue at hand. Some of the citizens are parents leaving the dance studio that shares the parking lot behind City Hall at 9:00 p.m. and crowds have already started to gather. He added that on some mornings, the parking lot behind City Hall is filled with empty liquor bottles, left there from the night before. This is a tool to assist police officers with dispersing crowds, which he thinks is reasonable.

Mayor Barnes stated he doesn’t think further conversation regarding this matter is going to change a Council member’s opinion at this time.

Alderman Verbic asked that the type and severity of incidents be documented to justify the proposed amendment.

Mayor Barnes suggested bringing downtown business owners to a Council meeting to testify to the issue at hand.

Alderman Verbic stated he didn’t feel testimony was necessary, but if a business owner wanted to document the types of incidents they’re experiencing and provide that to the City Manager, the additional information would be helpful.

City Manager Nicklas stated this item and the documentation requested will be brought back at a future Council meeting.

Alderman Walker stated he’s sick and tired of innocent young black men being getting harassed and thrown in with a batch of those getting in trouble. He also stated he doesn’t feel the police department needs another tool on the books. He further stated he doesn’t understand why everyone is so scared of downtown DeKalb all of a sudden.

Mayor Barnes stated the data will be collected as requested for the reality of the violence happening downtown.

Alderman McAdams stated that as the Alderman of the fifth ward, he receives a lot of calls from business owners in the downtown area with concerns. For instance, one prominent business owner was concerned because someone was defecating outside his business, so he installed a camera and extra lights, but it didn’t make a difference.

Continuing, Alderman McAdams stated his dad, as a police officer, told him the guilty will always say they were harassed by the police and that they’re innocent, but that doesn’t mean they are and perhaps they’re just feeling defensive. He further stated the downtown area has cameras, so if a police officer harasses you in that area, request the video footage.

At this point in the meeting Mayor Barnes interjected, stating he wanted to move the meeting forward.

Brief discussion ensued.

Mayor Barnes called for the roll.

VOTE: Motion carried by a 5-3 roll call vote. Aye: Larson, Smith, Perkins, McAdams, Barnes. Nay: Zasada, Verbic, Walker. Mayor Barnes declared the motion passed.

Mayor Barnes stated this topic has opened a great dialogue and provided a lot of information on things that could be done. He further stated that he’s open to suggestions on how to handle the situation and increase the public safety of downtown DeKalb, adding he believes others are open as well.

There was a brief heated exchange between Mayor Barnes and Alderman Walker, who briefly left the meeting.

An inaudible comment was made from someone in attendance and Mayor Barnes told them to be quiet.

It was determined that a 2/3 majority vote was needed to waive Second Reading of this item. 5. Ordinance 2024-015 Amending the Fiscal Year-End December 31, 2024, Budget. Mayor Barnes read the ordinance by title only.

MOTION: Alderman Verbic moved to approve First Reading of the ordinance; seconded by Alderman Larson.

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet.

Alderman Perkins stated that while most of the proposed amendments are capital in nature, he’s stuck on the $50,000 aid to asylum seekers and asked what’s gained by creating the fund versus reacting if that condition happens. City Manager Nicklas stated the money would be set aside as a practical solution in case the need arises.

Alderman Perkins stated his reservation is that the area has a lot of social service agencies and asked what does earmarking funds from the City’s reserves achieve to cover a potential instance.

Discussion ensued between Alderman Perkins and City Manager Nicklas regarding the matter.

Alderman Perkins stated he’s concerned about the message of earmarking $50,000 and he doesn’t want to advertise that DeKalb is prepared for this.

Alderman Verbic stated his view on this is the City needs to find a way to fund the potential incident until monies can be recouped from available state funding.

Brief discussion ensued.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

MOTION: Alderman Smith moved to waive Second Reading of the ordinance; seconded by Alderman McAdams.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

6. Ordinance 2024-016 Approving the Rezoning of Property Located at 530 Charter Street from the “MFR1” Multi-Family Residential District to the “SFR2” Single-Family Residential District and Approving a Special Use Permit for a “Community Residence – Large” Facility (DeKalb Community Unit School District 428).

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Zasada moved to approve First Reading of the ordinance; seconded by Alderman McAdams.

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet.

Alderman Perkins asked for clarity on the definition of the privacy fence and where it will be located.

Tammy Carson, DeKalb Community Unit School District No. 428 (D428) Director of Facility & Safety Operations, stated the existing chain link fence is in excellent shape and they would be putting slats through the fence to create privacy.

Alderman Perkins asked if the slats would be along the southern edge or would they go along the parking lot. Ms. Carson replied that it wouldn’t be a problem to put the slats on both sides or all three sides.

Alderman Perkins stated he would prefer that the fence went to the edge of the building.

Ms. Carson stated there would be no issue putting slats on the east, west and south of the fence.

Alderman Smith stated there have been discussions on whether the building would be a school or a program, adding he thinks it is a school based on the definition in the state code. He also asked how much money would be spent to remodel the building. He further stated that while he’s not opposed to the zoning, he wants to make sure the neighborhood is aware of what’s really going on before making a giant step forward.

Kyle Gerdes, D428 Director of Student Services & Homeless Liaison, explained that the 18-22 program is a transition program within DeKalb County and Ogle County that helps prepare younger adults with disabilities for independent living and functioning. D428 believes it is best practice to immerse the students in an area where they’re going to live and work. He further stated relocating the program from the high school to something more inclusive in the community will give the students the best chance to gain living skills.

Alderman Smith noted his support for the program and asked again how much money will be spent to remodel the building. Ms. Carson replied that it will be just over $1 million, which was approved by the D428 school board, to bring the building to code as required. She added that the bids are expected to go out in June and reviewed by the D428 board in July or August.

Alderman Smith then asked when construction would start. Ms. Carson stated it will start in August/September and they look to occupy the building in January 2025.

Alderman McAdams noted his support for the project.

Alderman Perkins stated that while he supports the program, he’s frustrated as a taxpayer that no mention of this project was made last year when there was discussion with D428 regarding the tax rate.

It was noted that the property will come off the tax rolls upon occupancy by D428.

Alderman Smith asked what would happen if D428 were to abandon the property. City Attorney Rose stated the special use permit would be revoked.

Alderman Smith agreed with Alderman Perkins comments regarding the lack of transparency from D428 regarding the cost of remodeling the building.

Ms. Carson stated several locations were explored to find the appropriate location for the program and this site was best suited for their needs. She added that the project was discussed in open sessions of the D428 school board.

VOTE: Motion carried by a 7-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Barnes. Nay: Walker. Mayor Barnes declared the motion passed.

MOTION: Alderman Verbic moved to waive Second Reading of the ordinance; seconded by Alderman McAdams.

VOTE: Motion carried by a 7-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Barnes. Nay: Walker. Mayor Barnes declared the motion passed.

M. REPORTS AND COMMUNICATIONS

1. Council Member Reports.

Alderman Zasada reported she will be hosting a Ward 1 meeting on March 12, 2024, at the DeKalb Police Department.

Referring to some of the conversations and actions that occurred at this meeting, Alderman Zasada stated she’d like for Council meetings to be more professional in the future.

Alderman Walker reported he will be hosting a Ward 7 meeting on March 7, 2024, at the Rock Covenant Church.

Alderman Verbic said, “Go Barbs”.

2. City Manager Report.

City Manager Nicklas had no report.

N. EXECUTIVE SESSION

There was none.

O. ADJOURNMENT

MOTION: Alderman Smith moved to adjourn the meeting; seconded by Alderman Verbic.

VOTE: Motion carried by an 8-0 voice vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed and adjourned the meeting at 8:23 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_02262024-2493