City of DeKalb Mayor Cohen Barnes | City of DeKalb, Illinois/Facebook
City of DeKalb Mayor Cohen Barnes | City of DeKalb, Illinois/Facebook
City of Dekalb City Council met April 22.
Here is the agenda provided by the council:
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF THE AGENDA
D. PRESENTATIONS
1. Proclamation: Motorcycle Awareness Month – May 2024.
2. Proclamation: Celebrating Linc Smelser, Kishwaukee Symphony Orchestra Conductor.
3. DeKalb Police Department 2023 Annual Report. Police Chief David Byrd will summarize the detailed data and innovative programming compiled in the Department’s 2023 annual report.
E. PUBLIC PARTICIPATION
F. APPOINTMENTS
None.
G. CONSENT AGENDA
1. Minutes of the Special City Council Meeting of April 1, 2024.
2. Minutes of the Regular City Council Meeting of April 8, 2024.
3. Accounts Payable and Payroll through April 22, 2024, in the Amount of $3,141,482.12.
4. Freedom of Information Act (FOIA) Report – March 2024.
5. Resolution 2024-038 Authorizing the Approval of Certain Executive Session Meeting Minutes.
6. Resolution 2024-039 Adopting the City of DeKalb’s Whistleblower Protection and Anti-Fraud Policies.
City Manager’s Summary: The City of DeKalb requires all employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the City of DeKalb, honesty, integrity and compliance with all applicable laws and regulations is expected.
This Whistleblower Policy is required by state law and is intended to encourage and enable employees to raise serious concerns internally so that the City of DeKalb can address and correct inappropriate conduct and actions. It is the responsibility of all employees to report concerns about violations of the City of DeKalb’s code of ethics or suspected violations of law or regulation that govern the City of DeKalb’s operations.
Additionally, the City of DeKalb prohibits the taking of any retaliatory action against an employee who in good faith reports an ethics violation, or a suspected violation of law, such as a complaint of discrimination, or suspected fraud, or suspected violation of any regulation governing the operations of the City of DeKalb. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment.
The attachments describe reporting procedures that explain how suspected ethical and legal violations are to be handled. A special section dealing with the prevention and detection of fraud, theft, waste, or abuse against the City is included. The anti-fraud policy applies to any actual or suspected fraud, theft, waste, or abuse involving an employee, a consultant, vendor, contractor, outside agency, or person doing business with the City or in any other relationship with the City. The City will pursue prosecution if the results of an investigation indicate the possibility of criminal activity.
H. PUBLIC HEARINGS
1. Public Hearing Regarding the 2024 Revised Annual Action Plan – One Year Use of Funds Under the Community Development Block Grant (CDBG) Program.
City Manager’s Summary: This public hearing is required by the federal Department of Housing and Urban Development (HUD) to provide an opportunity for public and Council comment on the 2024 Draft Annual Action Plan, now that the intended DeKalb allocation of approximately $375,561 is known. This allocation represents a federal reduction in the anticipated allocation of $454,770 in the City’s FY2024 Budget. The actual allocation is as follows:
| Activity | Allocation |
| Public Facilities/Improvements | $225,337 |
| Administration (capped at 20% of federal allocation) | $ 75,112 |
| Public Services (capped at 15% of the annual allocation) | $ 56,334 |
| Owner-occupied Housing Rehab (capped at 5% of the annual allocation) | $ 18,778 |
| Total | $375,561 |
I. CONSIDERATIONS
1. Consideration of an NIU Foundation Update on the Status of the Greek Life Center.
On October 23, 2023, the NIU Foundation requested and was granted an extension until March 31, 2024, to present conceptual renderings of the proposed Greek Life Center. Because a Council quorum was not assured for the March 25 Council meeting and because key members of the NIU Foundation staff were out of town on philanthropic visits for the Council meeting of April 8, the presentation of the renderings and discussion of next steps was deferred until the regular meeting of April 22.
The Farnsworth Group, an architectural firm based in Lisle, Illinois, has prepared the renderings that follow. The firm has provided engineering, architectural and surveying services for over a hundred years and prides itself on design initiatives that serve the larger purposes of their clients and the built environment where the building is planned.
Representatives of the NIU Foundation and NIU Administration will be on hand to answer Council questions concerning the renderings to date, and the next steps in the process for the acquisition of approximately 2 acres +/- of City property for the development of the very promising NIU Center for Greek Life.
2. Consideration of a Limit on the Number of Retail Tobacco Stores in the City of DeKalb.
City Manager’s Summary: During the January 22 Council discussion of a special use permit for the relocation of a retail tobacco store at the Junction Center, there was some Council interest in limiting the overall number of licensed retail tobacco stores in the City of DeKalb. This Consideration will provide the opportunity for further discussion on this question.
A retail tobacco store is defined as a retail store that derives more than 30% of its gross revenue from the sale of tobacco or nicotine products and accessories, inclusive of any device contemplated within the definition of smoking, or which dedicates more than 25% of its total floor area or public display area to the storage or sale of such items.
There are currently five (5) retail tobacco stores in DeKalb. According to the City’s Municipal Code (Chapter 64, Section 64.16), it is unlawful to sell or give away tobacco in any form without first obtaining a license issued by the City government. All such licenses expire on June 30 of each year. No retail tobacco stores are permitted to apply for, or maintain, a liquor license.
The City’s Unified Development Ordinance (UDO) (Article 7.17) further regulates retail tobacco stores. All such stores are special uses requiring a permit approved by the Council. Tobacco stores are only allowed by special use permit in the Central Business District, Light Commercial and General Commercial District Districts, Office, Research and Industrial (ORI) Districts, Light Industrial Districts, and Heavy Industrial Districts. Such stores may not be located within 200 feet of the boundary of any residentially zoned property; or nursery school; pre-school; primary, intermediate or secondary school; daycare center; or academic building or residence hall of Northern Illinois University (NIU). Additionally, no licensed tobacco store can be located within 200 feet of the boundary of another retail tobacco store. The following City Map roughly locates the licensed retail tobacco stores (shown in red), as well as stores currently licensed to sell tobacco (shown in yellow) incident to the sale of a wide array of other goods within the City limits:
City Council direction is requested as to whether the City should license additional, new retail tobacco stores.
3. Consideration of a Downtown Special Service Area.
City Manager’s Summary: A topic of interest to several alderpersons has been the creation of a Special Service Area (SSA) to provide funding support for the reimbursement of City costs in the routine maintenance of the Central Business District (CBD). The District’s area is described on the Official Zoning Map, but it may be roughly described as that area east of First Street, south of Oak Street, west of Seventh Street, and north of Grove Street.
A special service area works as follows:
▪ The Council would levy a tax each Fall that was sufficient to reimburse the City for maintenance including, but not limited to, snow plowing, sidewalk snow and ice removal, street sweeping, catch basin cleaning, etc. during a twelve-month period (January 1 through December 31). City crews could perform the repairs or, on occasion, contract for assistance as in the case of a major blizzard.
▪ The amount of the tax would be based upon a professional assessment of the annual labor and material costs which would be based on three-to-five years of cost experience. From that estimate, a proposed budget would be established for the following 12-month period.
Before such a special property tax can be imposed, a public hearing must be held and all persons owning taxable real property in the service area must be notified of their opportunity to be heard regarding the formation of the special service area. Within 60 days following the adjournment of the public hearing, if fifty-one percent (51%) of the “electors” or parcel owners within the special service area sign a petition objecting to the formation of the area, the City cannot impose the special tax.
The Council would set the SSA levy every year during discussion of its fiscal year budget and do so on the basis of updated observations of downtown conditions. During such discussions, the public would be able to participate and the public hearing on the annual city budget would offer another opportunity for public participation.
If established, the EAV of the combined parcels in the defined special service area would need to be established. The legitimate cost of qualified City maintenance costs from the previous calendar year would also be calculated. For present purposes, the proposed SSA has an estimated EAV of approximately $16 million. If the Council is inclined to proceed with the SSA process, a sharper delineation of who is “in” and who is “out” of the proposed SSA area would be required, of course, and a more exact determination of the impact could then be calculated.
If, for example, an additional SSA levy of $100,000 is needed to offset annual City downtown maintenance costs, a property tax rate of $0.625 per $100 EAV ($16,000,000 divided by $100,000 = $0.625 per $100 EAV) would be multiplied times each property’s EAV. What this means is illustrated below:
▪ The base City property tax rate for a property within the SSA was $0.81096 in 2023.
▪ With a market value of $390,000 and an EAV of $130,000, a downtown building would generate $1,054 in 2024 ($130,000 x 0.81096/100 = $1,054).
▪ The additional SSA City rate of 0.6250 would generate $812.50 from the downtown building with an EAV of $130,000 (0.6250 x $130,000/100 = $812.50).
▪ The combined base property tax and SSA property tax for the downtown building worth $390,000 with an EAV of $130,000 would be $1,866.50 ($1,054 + $812.50 = $1,866.50), an increase of 77%.
City Council direction is requested. The City’s downtown merchants have discussed this proposal at their past two monthly meetings and will be present to speak to the issue.
4. Consideration of an Amendment to Chapter 7 “Water Service”, Section 7.18 “Water Rates”, and Section 7.18-6 “Water Service Fee”.
City Manager’s Summary: The Water Rate and Water Service Fee are both components used in calculating the billed user rate for City water service. The Water Rate is specifically tied to water consumption, whereas the Water Service Fee is a minimum flat fee that is billed bi monthly and varies according to water meter size. Chapter 7.18 (Water Rates) of the City’s Municipal Code states that the Water Rate and Water Service Fee shall be “subject to a positive adjustment annually using the increase, if any, in the most recent Consumer Price Index (CPI).” Until recently, the Municipal Code automatically imposed a Consumer Price Index increase without need for Council consideration. This local statute was revised in 2021 to require the Council’s public consideration of these matters, in the best interest of all City users. In 2023, the Council increased the water cost by 3.5%.
Using the most recent annual CPI would result in a water rate increase of 3.3%. This adjustment would be effective April 1, 2024, for bills issued on the July 1 bill cycle. The impact of a 3.3% CPI Water Rate and Water Service Fee increase would result in the average single family home paying approximately $16.23 more per year in water cost and would generate an estimated $235,341 annually in revenue to the Water Fund, assuming water sales remain flat.
Many businesses and individuals continue to struggle with the negative impacts of inflation. The City’s Water Fund is no exception to this dilemma. Increased commodity, shipping, and labor costs have impacted all aspects of the Water Fund’s budget.
Because over 95% of the Water Fund’s revenues are generated through water sales and water service fees, careful consideration of water rates is fiscally responsible. At the same time, any deliberation must be balanced with the impact on the City’s customers. For this reason, several water rate options have been provided for consideration:
1. Water Rate increase of 3.3% (based on CPI)
2. Water Rate increase of 2.2% (two-thirds of CPI)
3. Water Rate increase of 1.1% (one-third of CPI)
4. No water rate increase.
The impact of each option as it relates to the Water Fund and the City’s customers is portrayed in the following table:
| Water Rates | Water Service Fee | Water Fund and Customer Impact | ||||||
| Current Water
Rate (per uni t) | Proposed Water Rate Increase Increase | Rate
(per uni t) | New
Water Rate (per uni t) | Current
Bi-Monthly Water Service Fee *(3/4" wa ter meter) | Bi-Monthly
Fee Increase | Proposed
Bi-Monthly Water Service Water Service Fee | Annual
Estimated Total Additional Water Revenue Generated | Annual Increase to Customer's Water Bill |
| $4.22 | 3.30% | $0.14 | $4.36 | $14.42 | $0.48 | $14.90 | $235,341 | $16.23 |
| $4.22 | 2.20% | $0.09 | $4.31 | $14.42 | $0.32 | $14.74 | $156,894 | $10.82 |
| $4.22 | 1.10% | $0.05 | $4.27 | $14.42 | $0.16 | $14.58 | $78,447 | $5.41 |
| $4.22 | 0.00% | $0.00 | $4.22 | $14.42 | $0.00 | $14.42 | $0.00 | $0.00 |
| * Wa ter Servi ce Fee for meters grea ter tha n 3/4-i nch wi l l be hi gher | ||||||||
| CURRENT WATER RATE COMPARISON | |
| Municipality | Total Monthly Water
Cost per 8 units (approx. 6,000 gallons) |
| Elgin | $83.56 |
| Aurora | $70.65 |
| Geneva | $65.92 |
| Maple Park | $50.49 |
| Rochelle | $47.80 |
| St. Charles | $45.33 |
| Sugar Grove | $45.22 |
| Sycamore | $42.98 |
| Elburn | $42.86 |
| DeKalb | $42.33* |
| Waterman | $40.06 |
| Batavia | $38.27 |
| Genoa | $35.20 |
| Malta | $32.80 |
| Cortland | $32.50 |
| *DeKalb’s monthly water rate with a proposed 3.3% rate increase. | |
Current Water Rate = $4.22 per unit
Current Monthly Water Service Fee = $7.21 per month
Current Average Monthly Bill = $4.22 x 8 units of water = $33.76 + $7.21 = $40.97
Proposed Water Rate = $4.36 per unit (3.3% increase)
Proposed Monthly Water Service Fee = $7.45 per month (3.3% increase)
Proposed Average Monthly Bill = $4.36 x 8 units of water = $34.88 + $7.45 = $42.33
The table below depicts the impact of a 3.3% rate adjustment on the Water Service Fee based on varying meter sizes.
| Meter
Size | Current Bi-Monthly Fee
2024 | Proposed Bi-Monthly Fee
Adjustment (*based on 3.3% increase) |
| 5/8" - 3/4" | $14.42 | $14.90 |
| 1" | $14.42 | $14.90 |
| 1.5" | $22.73 | $23.48 |
| 2" | $32.32 | $33.39 |
| 3" | $57.97 | $59.89 |
| 4" | $69.24 | $71.53 |
| 6" | $114.30 | $118.07 |
| 8" | $212.12 | $219.12 |
| 10" | $401.16 | $414.40 |
A CPI adjustment of 3.3% would result in the monthly water cost increasing from $40.97 to $42.33 (+$1.36) per month for DeKalb residential customers.
It should be noted that the Water Fund is an enterprise fund that should cover its operating and capital expenses from its water sales and water service fees. The monies annually collected support Fund 600 (the Water Operations Fund) and the annual water infrastructure repairs financed by Fund 620 (Water Capital Fund) which include water main replacement, water tower painting, well maintenance, water meter replacements, vehicle and equipment purchases, lead service line replacements, and water extensions to new development areas.
In late 2023, the City secured the services of the engineering firm Baxter & Woodman Inc. to perform a comprehensive Water System Master Plan and Water Model update. The work is currently underway with an anticipated completion date of November 2024. As part of that plan, Baxter & Woodman will outline future water capital needs and provide timelines with associated costs for constructing new wells, water treatment plants and water towers. It has been 25 years since the City last constructed these types of water system improvements. The recent and projected future developments within the City require a more urgent look at the need to construct new water production and storage facilities to meet ever-growing demands. Although Baxter & Woodman has not yet provided details of what those potential costs may be, a rough estimate to construct additional wells, a water treatment plant and water tower will be in the tens of millions of dollars.
City Council support for a 3.3% water rate increase is recommended.
J. RESOLUTIONS
1. Resolution 2024-040 Authorizing the Award of a Contract to Curran Contracting in the Amount of $2,114,037.27 for Resurfacing and Concrete Repairs with Staff Authority to Approve Change Orders Up to a Combined Project Total Not to Exceed $2,225,000.
City Manager’s Summary: The City’s annual street maintenance program tackles asphalt pavement removal and replacement. Typically, the street maintenance program also includes associated sidewalk maintenance and curb and gutter repairs. Two leading questions always attend the Council’s conversation: what streets are prioritized and how much is available to spend on this important annual public works program.
The present five-year (2024-2028) program for annual street maintenance was approved by the City Council on April 24, 2023. The program commits to an allocation of approximately $12 million to re-surface about 26 of the City’s 130 centerline miles of local streets.
In 2024, bid documents targeted the following streets:
▪ The base bid includes neighborhood streets south of Fairview Drive between First Street and Fourth Street.
▪ Alternate #1 addresses a bus route near the NIU campus including W. Locust and two side streets (Fox Hollow Court and Sunnymeade Trail).
▪ Alternate #2 addresses the condition of Garden Road north from Lucinda Avenue.
▪ Alternate #3 addresses the failure of the Dresser Court segment that serves the County campus and Fire and Water departments near Fire Station #3.
The contractor bids opened during the week of April 8.
Curran Contracting, Inc. provided the lowest responsible bids.
Additional spending authority up to a total of $2,225,000 (contingency = $110,963 or 5%) is requested for change orders to address such items as minor quantity over-runs and unforeseen repairs.
Budgeted funds are available as follows:
▪ MFT Fund (Fund 210): $1,000,000
▪ Capital Projects Fund (Fund 400): $1,155,000
▪ Water Capital Fund (Fund 620): $70,000 (for Dresser Court repairs)
City Council award of the 2024 street maintenance program contract to Curran Contracting is recommended.
2. Resolution 2024-041 Authorizing an Engineering Services Agreement with Fehr Graham for Railroad Permitting and Design Engineering of Pavement Improvements at the Annie Glidden Road Underpass in an Amount Not to Exceed $24,500.
City Manager’s Summary: The City has a “pre-qualified” list of engineering consulting firms much like other municipalities and the State of Illinois to provide a ready pool of professional and technical experience during seasonal infrastructure repairs. Fehr Graham is one of those companies and has been involved with the City’s street improvements in recent years. Hampton Lenzini and Renwick has been working with the City on the Kishwaukee River bridge replacements, Baxter & Woodman are working with the Water division in its system modeling, and C.E.S. Engineering has been working on the Fire Station #4 project.
A unique project will soon be bid on Annie Glidden Road under the Union Pacific (UP) overpass. The project will involve the removal of the asphalt pavement under the overpass and its replacement with a concrete surface for more durability. The design engineering will need to keep traffic open during the project and will also require UP review and approval of the plans. Fehr Graham has the experience of working with the railroad and in designing projects “under traffic.”
Based on the nature of the project and the City Engineer’s estimate of the overall project cost ($250,000), Fehr Graham would be eligible for an approximate 10% contract. Their proposal of $24,500 falls within that range. Both the engineering and the project cost will be paid from Fund 400 (400-00-00-83050)
City Council approval is recommended.
3. Resolution 2024-042 Authorizing Payment to the Macon County Law Enforcement Training Center for Police Academy Training Involving Six New Police Officers in an Amount Not to Exceed $51,000.
City Manager’s Summary: The Illinois Law Enforcement Training & Standards Board (ILETSB) has certified a certain number of Police academies throughout the state to provide basic academy training of new police officers. Basic police academy training is required to attain initial certification as an Illinois police officer. The Macon County Law Enforcement Training Center maintains an excellent program to accomplish this certification.
Currently, the City has a commitment from the Macon County Law Enforcement Training Center to provide the basic training, relevant elective courses, meals and housing for newly hired police officers at a cost not to exceed $8,500 per officer. In the Police Department’s Patrol Training budget (100-20-22-66200) there are sufficient funds to train 6 new officers. The attached resolution would allocate the total of $51,000 for this purpose.
City Council approval is required because the overall amount exceeds the spending authority of the City Manager.
City Council approval is recommended.
4. Resolution 2024-043 Authorizing an Engineering Services Agreement with Fehr Graham for Design Engineering of 1,500 Feet of Water Main Replacement in Various Locations within the City in an Amount Not to Exceed $62,950.
City Manager’s Summary: As part of the Utility Division’s Capital Improvement Plan, several water main replacement projects are scheduled to be completed in the year 2024. These projects include:
▪ 1,000 feet of water main replacement along N. First Street north of the Kishwaukee River to Tilton Park Drive.
▪ 300 feet of water main replacement in Northland Plaza in front of the Walmart entrance located at 2300 Sycamore Road.
▪ 200 feet of water main replacement in the alleyway behind the 300 block of E. Lincoln Highway.
A summary of each project is provided by Bryan Faivre in his background memorandum.
The Utility Division is requesting Council approval for Fehr Graham to begin design engineering. For completion of these projects by the fall of this year, design engineering would need to begin immediately.
The source of funding for engineering services related to this project will be Fund 600-00-00- 62300 (Engineering Services). The FY2024 Water Fund Budget includes $300,000 under this line item for such a purpose. Fehr Graham has provided a proposal of $62,950 for design engineering services for all three projects as outlined above. Assistant Public Works Director Bryan Faivre and City Engineer Zac Gill consider this proposal very reasonable.
City Council approval is recommended.
K. ORDINANCES – SECOND READING
None.
L. ORDINANCES – FIRST READING
1. Ordinance 2024-021 Adopting an Amended Land Lease and Solar Agreement with DeKalb Taylor Solar, LLC.
City Manager’s Summary: Since 2021, SunVest Solar has had an option to lease land owned by the City of DeKalb on property next to the main terminal complex of the DeKalb Taylor Municipal Airport (see attached map). Their intention is to build a +/- 5 MW community-scale solar farm and their original intention was to construct the facility in 2023 with a full ComEd in-service date of March 2024.
Despite the firm’s due diligence, SunVest was not selected in the June 2023 Community Solar procurement plan administered by the Illinois Power Agency. Accordingly, the Council extended their land lease and solar easement to December 31, 2024. Because the development period including construction still awaits the final Illinois approval, the Company has requested a revision to the effective date of the lease until the earlier date of actual operation or June 30, 2025.
City Council approval is recommended.
M. REPORTS AND COMMUNICATIONS
1. Council Member Reports.
2. City Manager Report.
N. EXECUTIVE SESSION
None.
O. ADJOURNMENT
https://www.cityofdekalb.com/AgendaCenter/ViewFile/Agenda/_04222024-2514
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