DeKalb Times

City of Dekalb City Council met April 8.

Here are the minutes provided by the council:

The City Council of DeKalb, Illinois, held a Regular meeting on April 8, 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 Mike Verbic, Alderman John Walker, and Mayor Cohen Barnes.

Others in attendance included City Manager Bill Nicklas and City Attorney Matt Rose.

B. PLEDGE OF ALLEGIANCE

Shadow Gentry led the Pledge of Allegiance.

C. APPROVAL OF THE AGENDA

Mayor Barnes asked for a motion to remove item K.2. (Ordinance 2024-012).

MOTION: Alderman Perkins moved to remove item K.2. (Ordinance 2024-012) from the agenda; seconded by Alderman Verbic.

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

D. PRESENTATIONS

1. Recognition of IESA State Wrestlers.

Mayor Barnes provided remarks regarding the recent IESA meet held on March 8 and 9, 2024, and congratulated the athletes on their successful season. The athletes and coaches presented the City of DeKalb with a plaque thanking the City for its support.

2. Proclamation: National Public Safety Telecommunications Week, April 14 - 20, 2024.

Mayor Barnes read the proclamation in its entirety and presented it to DeKalb Police Department telecommunicators.

E. PUBLIC PARTICIPATION

H.M. claimed minutes of City Council meetings she’s attended and spoken at publicly since February 12, 2024, have never documented that she is a Hispanic victim and witness of intimidation. She also claimed the following: she and her family are being denied an independent criminal investigation even though she and her brother have reported official misconduct and discrimination involving City Manager Nicklas; the City of DeKalb and the City Council have been dissuading and intimidating her for publicly coming forward; and Alderman Zasada has made false statements relating to her and her family regarding their particular situation. H.M. added it would be in the best interests of everyone involved to move forward with an independent criminal investigation regarding her claims.

F. APPOINTMENTS

There were none.

Mark Charvat noted there’s no appointment on the agenda for the now vacant City Clerk role, adding that state statute indicates the Mayor shall make an appointment within 60 days of vacancy. He also noted there are no appointments for the Human Relations Commission on the agenda, which Mayor Barnes had previously indicated there would be.

G. CONSENT AGENDA

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

1. Minutes of the Regular City Council Meeting of March 11, 2024.

2. Minutes of the Regular City Council Meeting of March 25, 2024.

3. Accounts Payable and Payroll through March 25, 2024, in the Amount of $3,633,374.30.

4. Accounts Payable and Payroll through April 8, 2024, in the Amount of $1,291,088.14.

5. Investment and Bank Balance Summary through February 2024.

6. Year-to-Date Revenues and Expenditures through February 2024.

7. Freedom of Information Act (FOIA) Report – February 2024.

8. Crime Free Housing Bureau Report – March 2024.

9. DeKalb County Economic Development Corporation FY2023 Annual Report.

10. DeKalb Chamber of Commerce FY2023 Annual Report.

11. DeKalb County Convention & Visitors Bureau FY2023 Annual Report.

12. DeKalb Municipal Band FY2023 Annual Report.

MOTION: Alderman Larson moved to approve the items listed on the Consent Agenda; seconded by Alderman Walker.

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

H. PUBLIC HEARINGS

There were none.

I. CONSIDERATIONS

There were none.

J. RESOLUTIONS

1. Resolution 2024-030 Authorizing an Architectural Improvement Program (AIP) Economic Incentive for 235 E. Lincoln Highway in the Amount of $25,000 (Hanigan Partners LLC – Boughner Art).

Mayor Barnes indicated he would be recusing himself from the meeting at this time, noting his ownership of property within the TIF district.

MOTION: Alderman Larson moved to approve Alderman Perkins as Temporary Chair of the meeting during Mayor Barnes’ absence; seconded by Alderman Verbic

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

Alderman Perkins read the resolution by title only.

MOTION: Alderman Larson 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.

Alderman Zasada and Alderman Larson noted their support.

VOTE: Motion carried by a 6-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Verbic, Walker. Nay: None. Recused: Barnes. Alderman Perkins declared the motion passed.

2. Resolution 2024-031 Authorizing an Agreement with Weaver Construction in the Amount of $39,700 for Repairs to the City-Controlled Exterior Brick Wall at 235 E. Lincoln Highway.

Alderman Perkins read the resolution by title only.

MOTION: Alderman Walker 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.

Alderman Larson asked if the City could use TIF funding on City owned property, to which City Manager Nicklas replied it could.

VOTE: Motion carried by a 6-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Verbic, Walker. Nay: None. Recused: Barnes. Alderman Perkins declared the motion passed.

3. Resolution 2024-032 Authorizing an Architectural Improvement Program (AIP) Economic Incentive for 118 N. Third Street in the Amount of $2,982.50 (Lauren Woods – Cracker Jax).

Alderman Perkins read the resolution by title only.

MOTION: Alderman Smith 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 noted his support.

VOTE: Motion carried by a 6-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Verbic, Walker. Nay: None. Recused: Barnes. Alderman Perkins declared the motion passed.

4. Resolution 2024-033 Authorizing an Architectural Improvement Program (AIP) Economic Incentive for 209 Grove Street in the Amount of $23,380 (Mike Warfel).

Alderman Perkins read the resolution by title only.

MOTION: Alderman Verbic 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 Larson noted a discrepancy in the amount indicated within the agenda summary for this item and the amount indicated in the resolution title. City Manager Nicklas confirmed that $23,380 is the correct amount.

VOTE: Motion carried by a 6-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Verbic, Walker. Nay: None. Recused: Barnes. Alderman Perkins declared the motion passed.

Mayor Barnes returned to the meeting at 6:31 p.m.

5. Resolution 2024-034 Approving a Package Liquor License for Suman Liquors Inc., Doing Business as American Liquors, Located at 159 W. Lincoln Highway.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Smith 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.

There were no questions or comments from the Council.

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

6. Resolution 2024-035 Approving the Regulation of Traffic for the Purpose of Holding a Cinco de Mayo Celebration on Illinois Route 38 (Lincoln Highway) Between First Street and Fourth Street on Sunday, May 5, 2024, from 9:00 a.m. to 8:00 p.m.

Mayor Barnes read the resolution by title only.

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

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

Mayor Barnes noted his excitement, stating the inaugural Cinco de Mayo Celebration event in 2023 was a huge success. He further stated this year’s event will include even more, such as bands, dancers, etc., and he hopes it will continue to grow each year.

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

7. Resolution 2024-036 Authorizing the Purchase of One Combination Sewer Cleaning/Hydro Excavation Vehicle through Brown Equipment in the Amount of $575,830.

Mayor Barnes read the resolution by title only.

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

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

There was brief discussion between Mayor Barnes and City Manager Nicklas regarding the actions taken to prevent plastic bottles and other garbage from being pushed into the Kishwaukee River. City Manager Nicklas stated the proposed vehicle is also a vacuum.

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

8. Resolution 2024-037 Authorizing a Specialized Aviation Service Operation (SASO) Agreement and Community Hangar Lease with the Illinois Aviation Academy (IAA).

Mayor Barnes read the resolution by title only.

MOTION: Alderman Verbic 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.

There were no questions or comments from the Council, other than Mayor Barnes stating he’s heard good things about the IAA.

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

9. Resolution 2024-029 Approving a Package Liquor License for 4th Street Market, LLC Doing Business as 4th Street Market, Located at 802 S. Fourth Street.

Mayor Barnes read the resolution by title only.

Yusri Kattoum stated he has met with City Manager Nicklas regarding the layout proposal for the business. He further stated he would answer any questions or listen to comments from the Council regarding this item.

Marcia Crouch stated her office is connected to the building of the proposed business and she believes it would be a good asset to the area.

MOTION: Alderman Zasada 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 Perkins stated feedback from residents within his ward (Fourth) has indicated they are receptive to a deli and/or convenience store, but not another package liquor store. He then stated he is not in support of this item.

Alderman Verbic noted he doesn’t support the placement of a package liquor store at this location. He then referenced a small grocery store on First Street that has a section for liquor purchases and stated perhaps a compromise could be met by limiting the floor space where liquor could be placed within the proposed business.

City Manager Nicklas stated that possibility has been discussed, however, he’s concerned that liquor products placed on shelves and in the refrigerated sections could possibly “drift” into other areas of the store based on the layout provided by Mr. Kattoum.

City Manager Nicklas further stated the layout provided gives the impression of a package liquor store. He noted that he brought that to the attention of Mr. Kattoum in one of their recent meetings, however, the layout did not change. City Manager Nicklas added that the layout also shows liquor sales from behind the checkout counter.

Mayor Barnes asked if the City has a liquor license that allows the sale of beer and wine only. City Attorney Rose replied there isn’t one, however, the Liquor Commissioner (Mayor) could approve a business plan to allow that if he wanted to.

Alderman Larson stated she would be in support of the plan if only beer and wine were being sold.

Alderman Walker asked Mr. Kattoum if he’s trying to make money selling just sandwiches and snacks or through liquor sales. Mr. Kattoum replied that he’d like to open a 7-Eleven type of business.

Alderman Walker then asked Mr. Kattoum if he would be able to open the business without a liquor license, to which Mr. Kattoum replied he could not, adding the layout provided shows where liquor for purchase would be placed.

Alderman Zasada stated she would hate to see a business not to come together when there’s someone willing to do it. She then referenced the layout provided, noting that liquor for purchase would be placed in the middle aisle with a beer case on the side and some liquor sales behind the counter.

Mr. Kattoum then provided an overview of the proposed layout, noting liquor for purchase would be restricted to 25%, as was discussed with City Manager Nicklas.

Alderman Zasada asked City Manager Nicklas if the layout provided represents the 25% restriction. City Manager Nicklas replied he sees three large, refrigerated sections, not including the alcohol behind the counter, which he believes exceeds the 25% restriction. He further stated that the layout provided for this meeting isn’t what was first presented.

Alderman Perkins asked what liquor would be placed behind the counter for purchase. Mr. Kattoum replied that the more expensive or high risk liquor items would be placed there to prevent theft.

Alderman Perkins stated there’s no room in the City’s current licensing structure for a deli with half pints and “shooters” behind the counter in the backyard of a school. He added that he could support a convenience store and/or deli with only wine and beer sales.

Discussion ensued.

Alderman Walker noted his agreement with Alderman Zasada, stating the City shouldn’t turn away a business especially since it’s needed on Fourth Street, however, there’s already a package liquor store just down the street from the proposed location. He added he hopes Mr. Kattoum can understand the City’s position, especially since residents of the Fourth Ward are against a package liquor store in that location.

Alderman Walker then asked if there’s a way the City and Mr. Kattoum could meet in the middle.

Mayor Barnes stated meeting in the middle would mean moving into an unprecedented territory with a business that would require City enforcement we don’t have. Further, approving such a plan would put two package liquor stores close together, much like the two liquor stores that are side by side on Annie Glidden Road. Lastly, there are concerns with liquor sales in a business that school children walk by every day.

Alderman Zasada stated she doesn’t want the City to turn away potential business, however, the City currently does not allow liquor sales in gas stations or convenience stores and allowing Mr. Kattoum the opportunity would bring those businesses forward wanting the same thing.

Brief discussion ensued.

Mr. Kattoum stated the total square footage of the building is 2,500 square feet. As for the sales floor, the 25% floor space restriction for liquor sales would make it difficult for him to compete with other package liquor stores in DeKalb.

Mayor Barnes stated that based on the layout provided, it appears the proposed area for liquor sales, including the refrigerated areas, appears to be more than 25%. He added that what it comes down to is does the City Council want a package liquor store at the proposed location or not.

Alderman Larson stated it’s the sale of the small bottles of liquor (“shooters”) that concerns her because while some consumers may be purchasing small bottles of liquor (“shooters”) to make drinks with at home, she believes they are also being purchased to drink before or during work. She added that she could support the selling of six packs of beer and bottles of wine only.

Discussion ensued.

Alderman Walker asked Mr. Kattoum to consider opening a sandwich shop that would most likely be visited by employees of Meta/Facebook and other large businesses on or around Fourth Street.

Mr. Kattoum stated the area of town the proposed business is in, in its current state, is on the quieter side so he’s looking for additional pull to bring consumers in.

Steve Michaels, the owner of the property, stated it will be a challenge to find a business to fill the space without a liquor license.

VOTE: Motion failed by a 2-5 roll call vote. Aye: Zasada, Walker. Nay: Larson, Smith, Perkins, Verbic, Barnes. Mayor Barnes declared the motion failed.

Mayor Barnes stated he agrees with Alderman Walker’s comments about opening a deli and he hopes Mr. Kattoum will take that into consideration because he believes it would do really well in that location.

K. ORDINANCES – SECOND READING

1. 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 Second Reading of the ordinance; seconded by Alderman Walker.

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 a 7-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

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

This ordinance was removed from the agenda at the top of the meeting.

L. ORDINANCES – FIRST READING

1. Ordinance 2024-020 Approving a Final Plat of the Stockman Resubdivision to Combine Lot 17 and Lot 18 in the Woodlawn Acres Subdivision – 802 Woodlawn Drive (Louis and Rachelle Stockman).

Mayor Barnes read the ordinance by title only.

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

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 City Council.

VOTE: Motion carried by a 7-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, 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 Walker.

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

M. REPORTS AND COMMUNICATIONS

1. Council Member Reports.

Alderman Walker thanked Andy Raih, the City’s Public Works Director of Streets, Facilities and Airport, for the help extended by the Public Works Department to a family in the Seventh Ward.

Alderman Perkins offered further recognition to the middle school wrestlers for their recent success at the IESA wrestling meet and noted the commitment of the coaches and parents.

Alderman Larson thanked the DeKalb County Convention and Visitors Bureau for the amount of athletic and social events, as well as conventions, they’re bringing to DeKalb County and DeKalb.

Mayor Barnes commented on the recent funeral procession for fallen Deputy Sheriff Musil and the outpouring of support throughout the community. He also thanked the Fire, Police and Public Works Departments, as well as City staff, for their assistance during this difficult time.

Continuing, Mayor Barnes stated the deadline for submitting resumes for the vacant Fifth Ward seat was on April 5. He noted he’s currently in the process of reviewing the resumes and will have a recommendation for Council before the deadline set by state statute.

Mayor Barnes also reported that he attended the recent Safe Passage ceremony where they were awarded $2.5 million in federal dollars, procured by Congresswoman Lauren Underwood, which will close a significant funding gap for their new facility.

Mayor Barnes further reported that he recently toured Egg Toy Studios with Management Analyst Scott Zak and the Citizens’ Community Enhancement Commission chair. He added that the company, which purchased the First United Methodist Church in DeKalb to expand their business, is assisting DeKalb with a public art project.

2. City Manager Report.

City Manager Nicklas had no report.

N. EXECUTIVE SESSION

Mayor Barnes read the following Executive Session exceptions for the record: Approval to Hold an Executive Session in Order to Discuss:

1. Workers’ Compensation as Provided for in 5 ILCS 120/2(c)(12).

2. Executive Session Minutes as Provided for in 5 ILCS 120/2(c)(21).

3. Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5).

MOTION: Alderman Zasada moved to recess for Executive Session; seconded by Alderman Verbic.

VOTE: Motion carried by a 7-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed and recessed the meeting at 7:22 p.m.

Following adjournment of the Executive Session, Mayor Barnes opened the meeting to the public at 7:47 p.m.

O. ADJOURNMENT

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

VOTE: Motion carried by a 7-0 voice vote. Aye: Zasada, Larson, Smith, Perkins, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed and adjourned the meeting at 7:47 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_04082024-2509