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Thursday, November 21, 2024

City of Dekalb City Council met July 8

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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 July 8.

Here is the agenda provided by the council:

Pursuant to Chapter 2 “City Council”, Section 2.04 “Council Meetings”, persons wishing to address the City Council during this meeting are required to register with the Recording Secretary before the start of the meeting by completing a Speaker Request form. All public comments will be limited to three (3) minutes per speaker. Further information for addressing the City Council can be found on the Speaker Request form.

A. CALL TO ORDER AND ROLL CALL

B. PLEDGE OF ALLEGIANCE

C. APPROVAL OF THE AGENDA

D. PRESENTATIONS

None.

E. PUBLIC PARTICIPATION

F. APPOINTMENTS

None.

G. CONSENT AGENDA

1. Minutes of the Regular City Council Meeting of June 24, 2024.

2. Accounts Payable and Payroll through July 8, 2024, in the Amount of $1,376,010.79.

3. Investment and Bank Balance Summary through May 2024.

4. Year-to-Date Revenues and Expenditures through May 2024.

5. Crime Free Housing Bureau Report – June 2024.

H. PUBLIC HEARINGS

None.

I. CONSIDERATIONS

1. Consideration of a Proposed FY2025 Budget Calendar.

City Manager’s Summary: In recent years, the Council has followed a very transparent review process for the creation of the following year’s fiscal budget. Keeping with that successful

Assistive services, including hearing assistance devices, available upon request. format, the following schedule is proposed for development of the City’s municipal budget for 2025:

•  Thursday, August 15 – Publication of an agenda for a joint meeting between the Council and the Finance Advisory Committee (FAC) on August 19.

•  Monday, August 19 – Joint meeting of the City Council and the FAC, 6:00 p.m. to 8:30 p.m. This joint meeting will review assumptions presented by the City Manager regarding revenue trends and possible expenditures in the following budgets:

o General Fund

o Motor Fuel Tax Fund (Fund 210)

o Capital Projects Fund (Fund 400)

o Capital Equipment Replacement Fund (Fund 420)

•  August 20 through October 11– Intense department-level budget discussions around spending targets based on general goals established on August 19.

•  Thursday, October 17 – Publication of an agenda for an FAC meeting on October 21.

•  Monday, October 21 – FAC meeting to review proposed, detailed FY2025 Budget highlights, including annual levy assumptions, 6:00 p.m. to 8:30 p.m.

•  Monday, October 28 – Council consideration of property tax levy options.

•  Tuesday, November 12 (Monday, November 11 is a holiday) – Presentation of a Council resolution establishing a Truth in Taxation Hearing for November 25.

•  Monday, November 18 and Wednesday, November 20 (if needed) – Back-to-back special Council meetings in joint session with the FAC to go over the proposed FY2025 budget document. The General Fund departments, Capital Funds, Enterprise Funds, and Special Funds will be the focus.

•  Monday, November 25 – Truth in Taxation Hearing and FY2025 Budget Hearing. First reading on Proposed FY2025 City Budget.

•  Monday, December 9 – Second reading on Proposed FY2025 City Budget.

•  Monday, December 30 – Last day to file the approved FY2025 Annual Budget and Property Tax Levy with the DeKalb County Clerk.

City Council direction is requested.

J. RESOLUTIONS

1. Resolution 2024-074 Approving a Real Estate Purchase and Sale Agreement with the Northern Illinois University Foundation (NIU Center for Greek Life).

City Manager’s Summary: On April 22, Catherine Squiers, President and CEO of the Northern Illinois University Foundation, presented a progress report on the conceptual design of the proposed NIU Center for Greek Life, prepared by the Farnsworth Group, an architectural firm based in Lisle, Illinois. Following the presentation, there was a general discussion about the timing of the joint approval of a real estate and closing agreement to facilitate the transfer of the approximately 2 acres +/- of the City’s AGN property for the development of the exciting NIU Center. It was agreed that the City staff would pursue some intermediate steps in advance of the drafting of a real estate agreement, such as the preparation of a land survey as well as consultation between the City Engineer and the Farnsworth Group about the site’s stormwater runoff plan.

The resulting Plat of Survey (see attached) shows the parcel (Parcel 1) originally planned to be transferred to the NIU Foundation and a Parcel 2, approximately 0.4 acres in area, formerly owned by the Andreacchi family trust but acquired by the City in a straight-up land swap with that family on October 14, 2019. Since the acquisition, the City’s Street division has been maintaining the site, most of which has a failed asphalt surface interspersed with weeds and grasses that are cut as needed. In further staff-level conversation, the potential transfer of this small parcel along with the larger Parcel 1 gained attention and support and is included as one of the features of the attached real estate agreement.

The principal features of the attached agreement are as follows:

•  The transfer of both Parcel 1 and Parcel 2 to the NIU Foundation for $200,000.

•  The market value of Parcel 2 is agreed to be equivalent to the routine closing costs, which will be borne primarily by the buyer, with the exception of the plat of survey, which was previously undertaken by the City.

•  Time is of the essence for the real estate closing. Once acquired, the Foundation can more assertively seek donor support for the site redevelopment.

•  It is expected that the Buyer will commence the construction of the Center no later than four years from the closing date.

City Council approval is recommended. (click here for additional information)

2. Resolution 2024-075 Authorizing a Communications Site Lease Agreement Amendment with T-Mobile Central LLC Allowing for the Extension of an Existing Lease for Antennas and Supporting Equipment at the North Water Tower Located at 900 West Dresser Road.

City Manager’s Summary: As Assistant Public Works Director Bryan Faivre writes in his background memorandum, T-Mobile Central LLC is requesting an amendment to an existing communications site lease agreement for space and equipment at the City’s North Water Tower located at 900 West Dresser Road. The amendment is an extension of an existing 20-year site lease agreement with T-Mobile originally signed in February 2005. The proposed amendment has the potential to extend the existing agreement for 29 additional years.

The main terms and conditions of the proposed lease extension agreement are as follows:

•  The proposed agreement continues an amendment reached in April 2019 to allow leasing of some additional space at the base of the tower for installation of a small generator.

•  The current rent is $2,743 per month ($32,916 annually) with a 3% annual increase. Under the terms of the amended contract, the rent beginning February 2025 would be $2,800 monthly ($33,600 annually) with a 3% annual increase.

•  The term of the new agreement is four five-year terms (20 years), which will be renewed automatically unless T-Mobile gives written notice to the City at least 30 days prior to the end of the current term.

•  Upon expiration of the final renewal term, T-Mobile will have the right to continue to occupy the premises for up to nine successive one-year periods (the “extended periods”). The City can elect not to renew by providing notice to T-Mobile at least six months prior to the expiration of the then-current “extended period.” Conversely, T-Mobile may terminate any extended period at any time by delivering notice to the City at least 30 days prior to the end of the term. The rent for each extended period will follow the same 3% annual increase.

•  The total revenue generated over the 29-year maximum term of this agreement would be $1,519,353. Rental income, collected through communication site leases, has historically been allocated to Fund 420 (Capital Equipment Replacement Fund) under GL# 420-00-00- 34900. These are critical revenues that support vehicle replacement costs.

City Council approval is recommended. (click here for additional information)

3. Resolution 2024-076 Authorizing a Professional Services Agreement with Engineering Enterprises, Inc. for Design Engineering Services for the Lead Service Line Replacement Program, Year 1, in an Amount Not to Exceed $79,836.

City Manager’s Summary: Under the new Illinois Lead Service Line Notification and Replacement Act, signed into law by Governor Pritzker on August 30, 2021, Illinois public water supplies are mandated to remove all lead service lines within their distribution system. This mandate has posed a substantial challenge for many public water supplies and DeKalb is no exception. The challenge is further complicated by the fact that the City of DeKalb owns the water service line only from the water main to the shut-off box (typically located near the sidewalk in the right-of-way). The remainder of the water service line, from the sidewalk to inside the home, is owned and maintained by the property owner. However, the state mandate requires public water supplies to replace the lead service in its entirety, including both the public and private portion.

Over the past serval years, Water Division personnel have spent many hours inventorying the service line material for all 10,716 water service lines located in the City. Assistant Public Works Director Bryan Faivre has compiled the following summary of what we know about water service line materials throughout the City of DeKalb:

Service Line

Material

City

Side

Private

Side

Percent

Lead

77

76

0.72%

GRR

44

44

0.41%

Copper

10,251

10,200

95.66%

Unknown

79

79

0.74%

DIP

67

63

0.63%

CIP

86

85

0.80%

GIP

111

151

1.04%

PVC

1

18

0.01%

Totals

10,716

10,716

Of particular interest are those water service lines marked as either Lead or GRR (Galvanized Requiring Replacement). GRR are galvanized water service lines that are downstream of a lead service line. According to the EPA, GRR service lines are treated in the same manner as a lead line and must be replaced in their entirety. To date, the Water Division has identified 77 lead service lines and 44 galvanized requiring replacement.

Also of interest are the 151 services identified as Galvanized Service Lines (GIP) and the 79 Unknown. The Utility division is working to verify if a lead service line exists, or has ever existed, at those properties identified as GIP. If found to be lead, those service lines will also need to be replaced. In addition, the City staff are still trying to identify the remaining 79 services that are listed as unknown.

In summary, based on what we know today, the City of DeKalb has a minimum of 121 service lines that must be replaced (77 Lead and 44 GRR). In addition, although unlikely, if lead is found to be present at the additional 151 GIP and 79 Unknown properties, this would add another 230 service lines needing replacement. This means DeKalb has at least a minimum of 121 services and a maximum of 351 lead service lines requiring replacement. It should be noted that DeKalb has already replaced 85 lead service lines in the community. These replacements have largely been funded by the allocation of a portion of the City’s American Rescue Plan Act (ARPA) monies.

To secure additional funding to perform the remaining lead service line replacements, the Water Division employed the services of Engineering Enterprises (EEI) in March of 2022. The firm has assisted the City in developing a Lead Service Line Replacement Project Plan required by the IEPA for consideration of any grant funding requests through the Public Water Supply Loan Program (PWSLP).

EEI’s work to date is paying off. The City recently was notified that, as part of the IEPA’s “Draft Intended Use Plan,” the City will receive $2.3 million dollars of principal loan forgiveness to be used towards lead service line replacements. The money does not require any matching funds and the loan does not need to be repaid, essentially making it a grant. The IEPA plans to release the “Final Intended Use Plan” sometime in mid-July of 2024, at which time DeKalb would officially be notified of the available funding. Once notified, there is still a significant amount of work that must be performed in order to receive the funds. The two primary tasks include preparation of a detailed IEPA Loan Application and developing the “Request for Bid” documents so that the project can be let. The process requires strict adherence to scheduled timelines as determined by the IEPA. To ensure DeKalb adheres to IEPA requirements and does not jeopardize the opportunity of receiving the $2.3 million principal loan forgiveness, the Water Division is requesting authorization to proceed with a Professional Services Agreement with EEI for design engineering for the Lead Service Line Replacement Program, Year 1, in an amount not to exceed $79,836 (Exhibit A).

The work will include preparation and coordination of the required IEPA loan application forms as well as preparation of project bid documents. It should be noted that engineering fees, related to lead service line replacements, are an eligible expense that can be applied to the $2.3 million principal loan forgiveness funds received through the IEPA.

The attached engineering services agreement with EEI would allow the necessary preparation of bid documents in advance of a bid letting in the fall of 2024. If approved, work would begin in the spring 2025. In order to receive the principal loan forgiveness funds, construction work must begin by June 30, 2025.

The City’s Lead Service Line Replacement Project Plan, originally submitted to the IEPA in 2022, anticipated a three-year replacement schedule. Should the City not complete all the lead service line replacements in 2025, the City will remain in line for additional funding in subsequent years. This funding, however, is not guaranteed and will be based on a number of factors including available funds, project ranking score, and the number of funding applications received.

City Council approval is recommended. (click here for additional information)

4. Resolution 2024-077 Authorizing the Purchase of NIBIN Ballistic Imaging Equipment to Evidence IQ Utilizing Grant Funding in in the Amount of $24,999 for the DeKalb Police Department.

City Manager’s Summary: As Deputy Police Chief Jason Leverton writes in his attached memorandum, the DeKalb Police Department is required to submit ballistic imaging of fired cartridge cases to the FBI when investigating shooting cases. In the past, this was accomplished with a system that was originally established by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), called the National Integrated Ballistic Information Network (NIBIN). Collecting and processing ballistic images takes specialized equipment that has been established regionally in only large police departments. The DeKalb Police Department has consequently relied upon equipment hosted by either Aurora or Rockford. Last year, the FBI began a program to extend this equipment to additional police departments due to backlogs in the system. A grant program was established in Illinois by an equipment provider company named Evidence IQ, with the DeKalb Police Department receiving $24,999 in grant funds to completely fund the necessary equipment.

Evidence IQ has provided documentation of their sole source certification in Illinois. The DeKalb Police Department was successful in their application for a grant award, and NIBIN grant funding to the DeKalb Police Department has already been received.

The NIBIN equipment has a net cost of zero to the City of DeKalb due to this grant funding:

NIBIN Ballistic Imaging Equipment: $24,999.00

NIBIN Grant Funding: -$24,999.00

Net Cost to City: $0

City Council approval is recommended. (click here for additional information)

5. Resolution 2024-078 Authorizing the Purchase of a 3D Laser Photographic Scanner and Related Equipment from FARO Technologies Utilizing a Combination of City and Grant Funding in an Amount Not to Exceed $77,276.11 for the DeKalb Police Department.

City Manager’s Summary: The Police Department requests authorization to purchase a state of-the-art 3D laser photographic scanner and related equipment, utilizing a combination of City and grant funding. This scanner is furnished by FARO Technologies, which specializes in premium imaging equipment related to public safety. The Police Department has participated in two comprehensive demonstrations of this equipment and its capabilities. This 3D photographic scanner is an advanced digital camera mounted on a specialized tripod that takes 360-degree images of crime scenes and accident scenes, taking precise measurements in all directions and documenting the scene in a variety of methods that are suitable for viewing, printing, and court purposes. The scanner can also be used to create 3D floor plan mapping of schools and other public facilities for the use of first responders in advance of an emergency event.

The Police Department budgeted $45,000 towards the cost of a 3D laser photographic scanner in its FY2024 budget. Additionally, federal Justice Assistance Grant (JAG) funds in the amount of $22,312 were received for this equipment. Finally, the DeKalb County State’s Attorney’s office has agreed to fund the remaining $9,964.11 for a total of $77,276.11. The net cost to the City is therefore the budgeted amount of $45,000.

City Council approval is recommended. (click here for additional information)

6. Resolution 2024-079 Authorizing Subrecipient Agreements in the Amount of $56,931 with Local Agencies for Community Development Block Grant (CDBG) Year 2024 Public Services Funding from April 1, 2024, through March 31, 2025.

City Manager’s Summary: As Community Services Coordinator Jennifer Yochem writes in her background memorandum, this agenda item authorizes the execution of agreements for CDBG Public Service funding for Program Year 2024 (CDBG Year 31).

The U.S. Department of Housing and Urban Development (HUD) allows up to 15% of the City’s annual CDBG allocation for “Public Services Funding.” The use of a portion of the annual federal allocation of CDBG funds for public services was approved by the Council on January 11, 2024 (Resolution 2024-008), as part of the CDBG Annual Action Plan for Program Year 2024 (April 1, 2024, to March 31, 2025). The following agencies are recommended for funding:

Agency

Program Description

Funding Requested

Recommended Funding

Children’s Learning Center (CLC)

Subsidies to low-income families for transportation of children between their homes and/or school and daycare.

$15,000

$5,000

Elder Care Services (ECS)

Operating funds for the Choices for Care program for elderly individuals to assess their needs and link them with appropriate agencies, benefits, and services.

$10,000

$ 9,500

Hope Haven

Operating funds for emergency shelter services for homeless individuals and families.

$20,000

$14,625

Safe Passage

Operating funds for emergency shelter services for victims of domestic violence and their children.

$20,000

$16,506

Voluntary Action Center (VAC)

Funds to provide cold, frozen, and/or shelf stable meals and/or supplements for low income seniors who reside in subsidized housing in the City.

$12,500

$11,300

Total

$77,500

$56,931

Even though the City has not received the 2024 grant agreement authorizing the use of this year’s funds, the contracts are being presented to the Council for review and approval with the strong assumption that at least the projected funded level of $56,931 will be available. An application review committee reviewed and scored all applications, and final grant amounts were determined based on the priority and need for the proposed services. These proposed grantees are all long-term partners with the City and offer essential services to City residents.

City Council approval is recommended. (click here for additional information)

K. ORDINANCES – SECOND READING

None.

L. ORDINANCES – FIRST READING

1. Ordinance 2024-031 Approving the Final Plat of the L&S Resubdivision No. One – Fairview Drive (Larry Burns).

City Manager’s Summary: The applicant, Larry Burns, submitted a subdivision application and plat for the re-subdivision of a portion of Block 1 in the Clarence N. Quitno Subdivision to create a buildable lot for a single-family home. The 13,200 square foot (0.3 acre) vacant lot is located along the south side of Fairview Drive between Patriot Drive and S. Fourth Street. The parcel was part of a subdivision plat recorded in 1956. The applicant intends to make the lot legally buildable and then sell it. Mr. Burns does not intend to build a home himself.

A plat for the re-subdivision of this parcel is required before it is “buildable” under state law. Currently, the lot appears as a future right-of-way for a street that was once planned to connect Fairview Drive with a future subdivision to the south. However, the intended right of way was never dedicated to the City and the planned access to the south was moot after the City’s approval in the 1990s of a subdivision plan and plat for the Fairview South Phase Two residential subdivision immediately south of the Burns property.

The Burns parcel is 13,200 square feet in area with dimensions of 66’ x 200’. The lots adjoining the site along Fairview Drive are 100’ wide and 200’ in depth. The parcel is zoned “SFR1” Single Family Residential and meets the minimum lot area of 10,000 square feet for that zoning district. The owner of the property (Larry Burns) obtained title to the property in 2008 by a judicial order though an adverse possession claim. Mr. Burns formerly lived in the home (314 Fairview Drive) directly east of the subject parcel. The owner has listed the property for sale in the past in hopes of selling it as a single family home site but has been unsuccessful.

The property owners on the west and east sides of the lot have expressed some concern about a new, smaller home being constructed on the site. City staff have suggested that the adjacent owners consider a joint offer for the intervening lot in order to preserve the pastoral condition to which they have been accustomed. At this writing, City staff are not aware that such an offer has been made. Meanwhile, Mr. Burns has submitted a plat of re-subdivision, with the appropriate minor subdivision application and filing fee.

The plat has been reviewed by City staff. It includes a 70-foot front yard building setback along Fairview Drive to ensure that the front wall of any new home would be in line with the other homes along Fairview. In the Unified Development Ordinance, the minimum front-yard setback in the “SFR1” District is 25 feet. In addition, a 15-foot utility easement was required along the rear lot line to match the backyard easements of the lots to the east and west.

At the July 1, 2024, Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend approval of the final plat of the L&S Re-subdivision No. One dated June 24, 2024.

City Council approval of the Planning & Zoning Commission recommendation is requested. (click here for additional information)

2. Ordinance 2024-032 Amending the Fiscal Year-End December 31, 2024, Budget to Establish a New Station Four Construction Fund (Fund 150).

City Manager’s Summary: As the Council is aware, the new Station Four construction project is underway and provision needs to be made for the orderly payment of invoices associated with the project. The principal source of funding is the General Obligation Bond Series of 2023, which was approved by the Council on September 11, 2023. The new Fund 150 will be created with the appropriate line items for all aspects of the construction.

City Council approval is recommended. (click here for additional information)

3. Ordinance 2024-033 Prohibiting the Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by Any Other Method at 1334 E. Lincoln Highway.

City Manager’s Summary: Greenacres Cleaners, owner of the property at 1334 E. Lincoln Highway, has requested that the City adopt an ordinance that would ban the use of groundwater wells within an area described in Exhibit A and Exhibit B (attached). Such an ordinance is necessary for Greenacres Cleaner to obtain a “No Further Remediation” (NFR) letter from the Illinois Environmental Protection Agency (IEPA) using the Tiered Approach to Cleanup Objectives.

The property at 1334 E. Lincoln Highway has been enrolled in the IEPA Site Remediation Program since it initiated and completed site investigation activities years ago. Naturally, the owners do not desire or intend to drill private wells on their property, but they are required to cooperate with the local government jurisdiction to prohibit such activity and fully come into compliance with all relevant IEPA guidelines and regulations. The current owners, working with a qualified consultant, have submitted the requisite forms and information to give the City staff formal assurance concerning their intentions. The materials provided by the owner’s consultant are included in the background supporting the request.

Similar action has been taken several times in the past five years to assist local businesses in achieving “No Further Remediation” rulings, including the DeKalb Forge (2022) and Marathon Gas on Annie Glidden Road (2019).

City Council approval is recommended. (click here for additional information)

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/_07082024-2550