DeKalb Times

City of Dekalb City Council met Aug. 12.

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

None.

E. PUBLIC PARTICIPATION

F. APPOINTMENTS

None.

G. CONSENT AGENDA

1. Minutes of the Joint Review Board Meeting of April 26, 2024.

2. Accounts Payable and Payroll through August 12, 2024, in the Amount of $4,047,772.01.

3. Investment and Bank Balance Summary through June 2024.

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

5. Crime Free Housing Bureau Report – July 2024.

6. Resolution 2024-087 Authorizing a Workers’ Compensation Lump Sum Petition and Order in the Amount of $70,283.25 (Matthew Neiert).

H. PUBLIC HEARINGS

None.

I. CONSIDERATIONS

None.

J. RESOLUTIONS

1. Resolution 2024-088 Approving a Retail Tobacco Store License for Luckys Smoke N Food LLC, d/b/a Luckys, Located at 110 E. Hillcrest Drive.

City Manager’s Summary: The current owner of Lucky’s Tobacco is selling the business to Safa Abedrabbo. Accordingly, an application for a Retail Tobacco Store (RTS) license has been submitted. Retail tobacco stores are defined as a business that either has 30% or more of its revenue or more than 25% of its floor area devoted to tobacco products and accessories. If the license is approved, the City will receive an initial issuance fee of $3,735 and annual renewal fees of $350. Non-refundable fees for the RTS license application, background investigation for the new owner, and the required Fire Life Safety license in the amount of $500 have been paid.

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

2. Resolution 2024-089 Authorizing a Three-Year Agreement with the DeKalb Community Unit School District No. 428 to Provide Emergency Medical Services for DeKalb High School Home Football Games for the 2024-2027 School Years.

City Manager’s Summary: For many years, the Fire Department has provided emergency medical services (EMS) for all home high school football games through a contract with District #428. According to the terms of the attached three-year intergovernmental agreement, the District will reimburse the City $550 per day in exchange for one ambulance staffed with two off-duty paramedics. Fire personnel working the event are paid at the 7(g)-hourly rate defined in the City’s collective bargaining agreement with IAFF Local 1236, which is an overtime rate that is less than the rate established for regular work normally performed by IAFF members. The Fire personnel who staff these events are off duty so the level of service available across the city is not compromised. Additionally, any patient transported by the Fire Department will be billed at the regular rate. The ability to have EMS personnel on hand at DHS’s largest sporting events will relieve on-duty staff of the need to respond to those sporting events.

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

3. Resolution 2024-090 Authorizing an Intergovernmental Agreement with the Illinois Department of Healthcare and Family Services as it Pertains to Participation in the Ground Emergency Medical Transport (GEMT) Program.

City Manager’s Summary: As Fire Chief Mike Thomas explains in his background memorandum, the attached resolution authorizes the continuation of an agreement with the Illinois Department of Healthcare and Family Services to receive supplemental funding that provides reimbursement for the greater part of the City’s costs associated with ambulance transports for Medicaid patients.

On September 14, 2020, the City Council approved the first intergovernmental agreement with IDHS, and the follow-on agreement requires Council approval of the annual renewal before October 1 of each year. The GEMT funds are deposited in the City’s GEMT Fund (Fund 130) and have been used for the purchase of Fire Department front-line ambulances, fire engines, new incident-reporting software, new breathing apparatus, and new power-assisted stair chairs and costs. GEMT funds are also an integral part of the funding for the construction of the new Station 4. City Council approval is recommended. (click here for additional information)

4. Resolution 2024-091 Authorizing the Initiation of Project DKB-5118 – Phase 1 to Replace a Portion of the Existing Perimeter Fence with a Class E 10-Foot-Tall Fence and a Four-Foot Underground Wildlife Barrier at the DeKalb Taylor Municipal Airport at a Total Estimated Cost of $1,250,000 with a City Contribution Towards Costs in an Amount Not to Exceed $63,859.35, and Authorizing a Professional Services Agreement with Crawford, Murphy and Tilly, Inc. for Architectural, Engineering, Planning and Special Services.

City Manager’s Summary: As Assistant Public Works Director Andy Raih explains in his attached memorandum, the agreement authorizes the initiation of Federal/State/Local project DKB-5118 – Phase 1 to replace a portion of the existing Airport perimeter fence with Class E ten-foot-tall fencing and a four-foot underground wildlife barrier.

The attached resolution also authorizes an Illinois Department of Transportation, Division of Aeronautics (IDOT-DOA), standard agreement for consultant services with Crawford, Murphy and Tilly, Inc. (CMT) for architectural, engineering (A/E), planning and special services during the construction project. The total estimated cost of the project is $1,250,000, with a City contribution in an amount not to exceed $63,859.35 (5%).

For more than a decade, the City staff and Airport Advisory Board have attempted to raise the airport’s facilities to the level of FAA CFR Part 139 criteria, and this has required replacement security fencing among other things. Receiving Part 139 status will allow operations by corporate flight departments that require advanced safety and security measures including such fencing. The overall goal is safe landing and takeoff surfaces for all aircraft utilizing DeKalb Taylor Municipal Airport (DTMA). When the Part 139 threshold is reached the Airport should be able to realize an increase in revenues as corporate flight departments are able to utilize the City’s airfield more confidently.

The City would not be able to begin the first phase of the fence project without the generous support of Congresswoman Lauren Underwood. Congresswoman Underwood has taken interest in the DTMA since the beginning of her first term. In January 2023, Mayor Barnes and Congresswoman Underwood jointly announced that the DTMA was awarded $1,125,000 for Phase 1 of the perimeter fencing project. Replacing the current four-foot fencing with 10-foot security chain-link fencing that includes below-ground pest deterrent will reduce direct threats to aircraft by the encroachment of wildlife or careless humans.

The Airport Advisory Board recommended City Council approval of the fencing project (Project DKB-5118) at their last regular meeting. City Council approval of the Airport Advisory Board recommendation is requested. (click here for additional information)

K. ORDINANCES – SECOND READING

None.

L. ORDINANCES – FIRST READING

1. Ordinance 2024-31 Approving the Final Plat of the L&S Resubdivision No. One – Fairview Drive.

City Manager’s Summary: This item was tabled at the last regular Council meeting to extend several more weeks for the interested parties to arrive at an agreement. On Tuesday, July 30, Planning Director Dan Olson was informed by Sarah Burns that she and the neighbors to the east and west of the subject property had verbally agreed on a settlement price of $15,000.

The property in question is a 13,200 square foot (0.3 acre) vacant lot 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.

Before the recent discussions between the Burns family, the adjoining neighbors, and City officials, the Burns family intended to make the lot legally buildable and then sell it. For the lot to be “buildable” and thus more valuable upon sale, a re-subdivision of the parcel was required. In 1956, the lot was depicted on a subdivision plat 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 (see aerial view that follows).

The Burns parcel dimensions are 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 once lived in the home (314 Fairview Drive) directly east of the subject parcel. The owner listed the property for sale in the past in hopes of selling it as a single-family home site but was unsuccessful.

The plat submitted by Mr. Burns for Council review included 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.

On August 6, the City Manager received a letter from the two neighboring property owners, Ellen and Jim Tyne and Brent and Jasmin McIntosh, requesting City assistance in meeting the $15,000 asking price. The adjacent owners contend a previous Council (in 2001) should have been alert to the dilemma posed by approving the subdivision plat for the area south of the Fairview lots, the anomaly represented by the vacant lot between the Tyne and McIntosh homes could have been avoided. There is weight to their argument. The vacant lot was to be dedicated for a public road linking Fairview with future lots to the south, but the dedication was never accepted by the City government, and the Fairview South Phase Two plat “cut off” access from Fairview by establishing an over-sized single-family lot immediately to the south of the vacant lot.

The Tynes and McIntoshs have proposed a city contribution of $3,000 toward the purchase price of $15,000. But for the unique conditions in which the vacant lot came into being, the City Manager would not recommend satisfying the request. Side lot and rear lot frictions arise from time to time all over town, and the City has neither the means nor the obligation to help settle these disputes. However, since an inattention to other options led to the creation of the vacant lot, the City Manager recommends Council approval of the re-subdivision plat and the requested $3,000 contribution. The City contribution, if approved, could come from line item 400-00-00-83900 (Fund 400: “Other Capital Improvements”).

City Council approval of the July 1 Planning & Zoning Commission recommendation as well as the Tyne/McIntosh funding proposal is requested. (click here for additional information)

2. Ordinance 2024-037 Approving a Special Use Permit for an Amusement Establishment at 901 Lucinda Avenue (The Wreck Room – Miles Mapes).

City Manager’s Summary: The petitioner, Miles Mapes, is requesting approval of a special use permit for an amusement establishment at 901 Lucinda Avenue, Unit G. The establishment will include a rage room and video game arcade. The business will be called The Wreck Room. The zoning of the site is “LC” Light Commercial District in which amusement establishments are a special use.

The proposed tenant space is 2,900 square feet and located near the middle of the lower level of the former Village Commons property. The establishment will include a retro gaming lounge and arcade room, pinball games, rage room (smash room) and splatter room. A rage room allows guests to smash small electronics in a safe and controlled environment. A more detailed description of all the proposed uses is in the background materials provided by the petitioner. The proposed hours of operation would be: Thursday – 4:00 p.m. to 10:00 p.m.; Friday – 4:00 p.m. to 10:00 p.m.; Saturday – Noon to 11:00 p.m.; and Sunday – Noon to 8:00 p.m.

In 2022, the City approved a special use permit for an e-sports establishment in Unit E just two tenant spaces away from the subject location. The building contains a variety of commercial and service uses that are compatible with the proposed special use. Other uses in the building include a coffee shop, comic bookstore, restaurants, and a future church. Adequate parking is provided to the east and north of the building.

The Planning and Zoning Commission held a public hearing regarding the special use petition at their meeting on August 5, 2024. By a vote of 4 to 0 (Commissioners Pena-Graham, Becker and Wright were absent), the Commission recommended City Council approval of a special use permit for an amusement establishment to include a retro gaming lounge and arcade room, pinball games, rage room (smash room) and splatter room.

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

3. Ordinance 2024-038 Establishing an Interested Parties Registry for the Proposed South Fourth Street TIF Redevelopment Project Area.

City Manager’s Summary: The Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11- 74.4-1, et sq. requires that when a new redevelopment project area is proposed, an “Interested Parties Registry” (IPR) should be established. Such a registry entitles City residents and organizations active within the City to receive all notices and documents required by the TIF Act, as amended from time to time. Such documents include drafts of the proposed redevelopment plan, drafts of the proposed maps of the redevelopment area, public notices of upcoming hearings or public meetings relating to the proposed redevelopment plan, etc. This opportunity is over and above the statutory public process, which affords residents and businesses within the proposed redevelopment area access to relevant public documents and notice of public meetings.

Interested residents and businesses must qualify according to the IPR rules. The first step is to complete a registration form, which is available on the City’s website by clicking here. Upon receipt, Executive Assistant Ruth Scott will review the form according to the IPR rules and provide written notice to applicants confirming, or not confirming, their registration. The registration will remain effective for three years. Registrants are obligated to amend their registration by notifying the Executive Assistant by certified mail of any change in address or contact information.

At the next regular City Council meeting on August 26, a full report will be shared with the Council regarding the progress of the consultant’s assessment on the feasibility of a new TIF redevelopment area along the South Fourth Street corridor from Taylor Street south to Illinois Toll Highway 88. The Council will recall that the consulting firm of PGAV Planners, LLC of St. Louis was engaged on February 12, 2024 (Resolution 2024-017) to explore the following:

▪ Reasonable redevelopment objectives with concrete private projects and any related public actions needed for their success.

▪ Land uses that would best apply to a rejuvenated project area.

▪ An implementation timeline.

▪ Estimated redevelopment costs as well as estimated EAV gains as a result of those invested dollars.

▪ Confirmation of the eligibility of the redevelopment objectives under statutory TIF guidelines.

▪ Taxing district impacts during the life of the TIF.

The contract covered professional services in the amount of $44,500, plus reimbursable expenses for travel, as well as lodging during field surveying. A copy of the draft redevelopment plan and a map of the proposed redevelopment area are attached. On July 26, the TIF Joint Review Board was given a preview of both at their quarterly meeting, as promised at the JRB quarterly meeting of April 26. The Council will notice that the proposed TIF area has been reduced from the roughly 342 acres (including street rights-of-way) and 626 lots discussed at the Council meeting of February 12, to 205 acres and 213 parcels of real property. The principal reason for the reduction was to limit the proposed TIF area to those parcels that would clearly qualify within TIF guidelines for a “conservation area.” Much more analysis will be provided at the Council meeting on August 26.

City Council approval of the Interested Parties Registry for the proposed South Fourth Street TIF Redevelopment Project Area 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/_08122024-2568