DeKalb Times

City of Dekalb City Council met July 8.

Here are the minutes provided by the council:

The City Council of DeKalb, Illinois, held a Regular meeting on July 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 Greg Perkins, Alderman Mike Verbic, Alderman John Walker, and Mayor Cohen Barnes. Alderman Tracy Smith and Alderman Andre Powell were absent.

Others in attendance were City Manager Bill Nicklas, Assistant City Manager Bob Redel, City Attorney Matt Rose, and Police Chief David Byrd.

B. PLEDGE OF ALLEGIANCE

Shadow Gentry led the Pledge of Allegiance.

C. APPROVAL OF THE AGENDA

MOTION: Alderman Zasada moved to approve the agenda; seconded by Alderman Walker.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

D. PRESENTATIONS

There were none.

E. PUBLIC PARTICIPATION

Lynn Fazekas provided the history of the City’s Human Relations Commission (HRC), noting it was created in 1964, which is the same year the Civil Rights Act was signed by President Lyndon B. Johnson. Further noting that the HRC’s scope of activities has changed throughout the years, she encouraged the Council to rewrite the ordinance that covers the HRC to reflect current priorities and reinvigorate membership. Concluding her comments, Ms. Fazekas stated it would be a great loss if the Council were to abandon the HRC and its legacy.

F. APPOINTMENTS

There were none.

G. CONSENT AGENDA

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

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.

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

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

H. PUBLIC HEARINGS

There were none.

I. CONSIDERATIONS

1. Consideration of a Proposed FY2025 Budget Calendar.

MOTION: Alderman Larson moved to bring this item to the floor for consideration; 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.

J. RESOLUTIONS

1. Resolution 2024-074 Approving a Real Estate Purchase and Sale Agreement with the Northern Real Estate Foundation.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Larson 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 Zasada stated she would be voting no to the resolution as she doesn’t feel this project is the best use of the land.

It was noted that a super majority of Council members holding office would be required to convey the property. Because two Council members were absent from the meeting, it was recommended that this item be tabled until the July 22, 2024, Council meeting.

MOTION: Alderman Larson moved to table the resolution until the July 22, 2024, Council meeting; seconded by Alderman Perkins.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

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.

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.

Alderman Larson asked if there were any concerns regarding insurance if T-Mobile’s equipment damaged the City’s water tower, or vice versa. City Manager Nicklas replied there’s a hold harmless clause within the agreement for events that are beyond the City’s control.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

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.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Zasada 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 commended the Public Works Department for ensuring the safety of DeKalb’s water, which was recently ranked 6th in the nation for the best tasting water.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

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.

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.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

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.

Mayor Barnes 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.

Police Chief Byrd added that the equipment will expedite and improve accuracy of processing crime and incident scenes. He noted the equipment can also be used to assist other agencies with processing the same.

There were no questions or comments from the Council.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

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.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Perkins 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 Walker asked about the status of the new Safe Passage building. City Manager Nicklas replied they’re still in the fundraising stage and making progress.

Mayor Barnes noted that Safe Passage was awarded a $2.5 million grant to help bridge the gap, but they still don’t have enough funds.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

K. ORDINANCES – SECOND READING

There were none.

L. ORDINANCES – FIRST READING

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

Sarah Burns, representing her father, Larry Burns, who is the owner of the subject property, provided a history of the lot. Her family lived at 314 Fairview Drive for seven years and during that time took care of the lot in question by mowing it and providing any needed maintenance. Mr. Burns obtained ownership of the lot in 2008 by a judicial order through an adverse possession claim. He had originally planned to build a home for his retirement on the lot, however, with the current economy, it was realized it would be too expensive to build so the lot was put on the market as not buildable. Although offers to purchase were received, they were rescinded when it was disclosed that the property wasn’t buildable. It was also noted that there were no offers at that time from the adjacent neighbors to purchase the lot.

Continuing, Ms. Burns stated that upon speaking with City Manager Nicklas and Planning Director Dan Olson, it was discovered the property met all the minimum specifications for a buildable lot. She also noted that Mr. Burns has continued to pay the property taxes and maintain the lot since he took ownership.

Alderman Perkins asked how much Mr. Burns paid for the property. Ms. Burns stated that while Mr. Burns didn’t pay anything for the property, he did pay for the entire judicial process, which included legal, court, and advertising fees, as well as the cost of maintaining the property and payment of the property taxes. She added that Mr. Burns recently paid $2,000 for the final plat and she has put in a lot of time researching the process.

There was brief discussion between Alderman Perkins and Ms. Burns regarding the lot, which was originally intended to be a City street.

Brent McIntosh, who lives at 314 Fairview Drive, stated rezoning the lot as buildable would violate the character and characteristics of the neighborhood. He noted the neighborhood stretches from S. Fourth Street to Heritage Drive, with lots that are 100 feet wide x 200 feet deep with forward facing ranch houses built in the 1950s and 1960s. As previously noted, the lot was originally intended to be a street, but that idea was abandoned by engineers as it sat too close to Fourth Street thereby raising concerns of traffic issues.

Continuing, Mr. McIntosh stated that while he feels it’s reasonable for the current owner to want to sell the lot, it wasn’t purchased but rather granted by court order with transaction fees applied. Therefore, if Mr. Burns were to sell the property as is (non-buildable), it would still garner his right to earn back his investment and earn profit by selling it as greenspace. He also stated that Mr. Burns moved from his previous residence at 314 Fairview Drive in 2006. Not knowing that Mr. Burns had been granted ownership of the property, the adjacent property owners to the lot shared maintenance by each mowing half, which they continued to do for 12 years until 2020 when a for sale sign was erected.

Concluding his comments, Mr. McIntosh asked the Council to vote down the ordinance, adding that just because someone has a right to do something doesn’t mean they’re right in doing it.

Ellen Tyne, who has lived at 312 Fairview Drive since 1989, stated the previous owner of their property (Bernie Hickey) had indicated to her and her husband upon purchase that he had been maintaining the entire lot. It was then that Mr. and Mrs. Tyne agreed to split maintenance of the lot with neighbors. She indicated the agreement stayed in place until the for sale sign was erected in 2020. Mrs. Tyne disagreed with the Burns’ statement that they have maintained the lot all along, stating her husband, Jim, shared the maintenance of the property with Mr. Burns when he still lived in the neighborhood.

Concluding her comments, Mrs. Tyne stated allowing a home to be built on such a narrow lot will change the whole nature of the neighborhood and urged the Council to vote down the ordinance.

Mayor Barnes read the ordinance by title only.

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

City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. He added that since the lot meets the minimum requirements for building, a lawsuit would most likely be filed against the City if the Council decided to vote down the ordinance without a rational reason for doing so, which is why he is recommending that the Council pass the ordinance. City Manager Nicklas also added that the City has attempted to mediate the situation between the two parties.

Brief discussion ensued between Mayor Barnes and City Manager Nicklas, which summarized the overview.

Alderman Perkins asked about the mediation efforts that have taken place, noting the lot’s original purpose was to be a road and never developed. He stated the reasonable solution would be for Mr. Burns and the adjacent neighbors to the lot to come to an agreement.

City Manager Nicklas replied that the City made an effort to meet with the adjacent property owners and Mr. Burns separately to encourage discussion, however the outcome of their discussion, if any, is unknown. He noted that the lot was taken off the market for a short time but is listed for sale again at this time.

Alderman Larson noted her experience with the same type of situation when she moved into her home, which had an empty lot behind it, so in order to get control of the lot, she purchased it. She then stated this isn’t something that the Council should have to decide and encouraged the adjacent property owners to purchase the lot if they want control of it.

Alderman Zasada stated she attempted to find online how much the property was selling for but couldn’t, however, she did find that the property tax for the lot is $234.96 a year. She then stated that she suspected Mr. Burns’ purpose in resubdividing the lot was to stop paying property taxes. (For the record, Alderman Zasada noted that the Burns’ nodded yes from the audience.) She then asked how much the lot is on the market for, to which Ms. Burns replied it was originally listed as an as-is non-buildable lot for $16,000, which was below market value. After speaking with their realtor and discovering it met the minimum building requirements, it was relisted at $24,000.

Alderman Zasada then stated buildable lots in Devonaire Farms have been selling for $17,500, adding to make a lot buildable costs approximately $50,000. She added that since the lot is so small, even if it was resubdivided, it likely wouldn’t sell anyway and suggested the lot be divided and split between the adjacent neighbors.

Discussion ensued.

Alderman Perkins encouraged Mr. Burns and the adjacent property owners to try to work this out amongst themselves.

Further discussion ensued.

City Attorney Rose stated the lot meets all the UDO zoning requirements to be buildable but doesn’t meet the City’s subdivision requirements to provide public services to make it buildable, so the question is can this property be accommodated for the provision of those public services.

Alderman Walker stated he understands the neighbor’s concerns, however, all requirements for the lot to be buildable have been met.

Alderman Verbic wondered if the City should research the subdivision from when it was first annexed to find out what the requirements were for a home to be built on Fairview Drive and asked City Attorney Rose how the City can get in front of this so that expectations established over decades continues.

City Attorney Rose stated the City could, separate from the subdivision process, reconsider the zoning restrictions on lot size, which would have to be vetted through the UDO process.

There was brief overlapping discussion.

City Attorney Rose reiterated his comments about providing services to the lot to make it buildable.

Mayor Barnes proposed passing the ordinance on First Reading and bringing it back at the July 22, 2024, meeting for Second Reading so the parties involved can reach some sort of agreement. He also stated this is not the City’s issue to resolve.

Discussion ensued.

City Manager Nicklas noted his support for Mayor Barnes’ recommendation. Alderman Verbic suggested postponing the ordinance, to which Alderman Perkins agreed.

Alderman Larson stated it’s not the Council’s role to mediate and would like First Reading of the ordinance to be passed at this meeting.

Discussion ensued.

Alderman Zasada also agreed with postponing the ordinance.

MOTION: Alderman Verbic moved to postpone this item until the July 22, 2024, Council meeting; seconded by Alderman Zasada.

VOTE: Motion failed by a 3-3-2 roll call vote. Aye: Zasada, Perkins, Verbic. Nay: Larson, Walker, Barnes. Absent: Smith, Powell. Mayor Barnes declared the motion failed.

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

VOTE: Motion failed by a 3-3-2 roll call vote. Aye: Larson, Walker, Barnes. Nay: Zasada, Perkins, Verbic. Absent: Smith, Powell. Mayor Barnes declared the motion failed.

Discussion ensued on next steps.

Mayor Barnes encouraged the seller to work with the adjacent property owners for a reasonable selling price.

City Manager Nicklas stated a motion to reconsider is needed to bring this item to the next Council meeting.

MOTION: Alderman Verbic moved to reconsider the ordinance at the next Council meeting; seconded by Alderman Zasada.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

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

Mayor Barnes read the ordinance by title only.

MOTION: Alderman Verbic moved to approve First 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 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

MOTION: Alderman Larson moved to waive Second Reading of the ordinance; seconded by Alderman Perkins.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

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.

Mayor Barnes read the ordinance by title only.

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

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

Alderman Perkins noted his appreciation for the detailed summary of this item and added that drycleaning isn’t dry. He then asked if the City is relying on guidance from the Illinois Environmental Protection Agency (IEPA) to decide what the actions should be. City Manager Nicklas stated we know what they could be, which is why this item is before the Council.

City Manager Nicklas noted that this item involves drycleaning chemicals, but the City also has a history of old industrial sites that used fuel for their processes, which is also monitored by the IEPA. Because of that, there could be more ordinances like this in the future.

Discussion ensued.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

MOTION: Alderman Zasada moved to waive Second Reading of the ordinance; seconded by Alderman Perkins.

VOTE: Motion carried by a 6-0-2 roll call vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed.

M. REPORTS AND COMMUNICATIONS

1. Council Member Reports.

Alderman Walker reported he will hold a Ward 7 meeting on July 15, 2024, at the Rock Covenant Church. He also stated he’d like more information regarding the status of HRC appointments.

Mayor Barnes stated he’d be happy to meet with Alderman Walker one-on-one to review the status of HRC appointments.

Alderman Verbic welcomed the Midwest Classic Drum Corp International Contest to the Northern Illinois University Huskie Stadium on July 13, 2024.

Mayor Barnes reported on recent events and meetings he’s attended, including Fun Jam in the Park, a seminar sponsored by the Dekalb County Economic Development Corporation (DCEDC) called Kindergarten Readiness Community Forum: Career Starts in the Crib, and his regularly scheduled interview with WLBK.

2. City Manager Report.

City Manager Nicklas had no report.

N. EXECUTIVE SESSION

There was none.

O. ADJOURNMENT

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

VOTE: Motion carried by a 6-0-2 voice vote. Aye: Zasada, Larson, Perkins, Verbic, Walker, Barnes. Nay: None. Absent: Smith, Powell. Mayor Barnes declared the motion passed and adjourned the meeting at 7:28 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_07082024-2550