DeKalb Times

City of Dekalb City Council met Sept. 23.

Here are the minutes provided by the council:

The City Council of DeKalb, Illinois, held a Regular meeting on September 23, 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 Andre Powell, Alderman Mike Verbic, Alderman John Walker, and Mayor Cohen Barnes.

Others in attendance included City Manager Bill Nicklas, Assistant City Manager Bob Redel, City Attorney Matt Rose, Transit Manager Mike Neunkirchen, and Planning Director Dan Olson.

B. PLEDGE OF ALLEGIANCE

Shadow Gentry led the Pledge of Allegiance.

C. APPROVAL OF THE AGENDA

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

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

D. PRESENTATIONS

1. Recognizing Airport Advisory Board Member Jim Rhoades, 1981 – Present. 2. Recognizing Airport Advisory Board Member Bob Owens, 2001 – Present.

Mayor Barnes provided opening remarks regarding the recognition of two long standing Airport Advisory Board (AAB) members, Jim Rhoades and Bob Owens, and thanked them for their service to the City of DeKalb.

City Manager Nicklas also provided remarks regarding the recognition of the longstanding AAB members and stated he’s grateful to them both for their service to the City of DeKalb.

Mayor Barnes also recognized Alderman Verbic for his service to the AAB as Council liaison. Mr. Rhoades and Mr. Owens were presented with certificates of recognition.

3. Proclamation: Fire Prevention Week, October 6 – 12, 2024.

Mayor Barnes read the proclamation in its entirety and presented it to Fire Chief Mike Thomas.

E. PUBLIC PARTICIPATION

Mark Charvat stated he filed a FOIA request for emails Mayor Barnes may have received regarding the proposed Chapter 38 amendments as it pertains to Cosmetic Establishment liquor licenses, but it turned up nothing. He then called Mayor Barnes a liar because he doesn’t believe anyone has shown interest in the proposed liquor license classification.

Mr. Charvat then stated he isn’t against the proposed liquor license necessarily, but he is concerned about being fair to all businesses in town. He then noted a website that indicates there are 283 barbershops and beauty salons in DeKalb and wondered how City officials could possibly police that many. He also wondered how many barbershops and beauty salons are located near schools, such as the ones on College Avenue, Ridge Avenue, and Greenbrier Road.

Closing his comments, Mr. Charvat stated the City needs to be honest with the public, adding he doesn’t believe anyone actually communicated with Mayor Barnes regarding this issue.

Mayor Barnes stated it’s always nice to be called a liar and supposes he should start wearing a bodycam for every conversation he has with residents of DeKalb so it can be FOIA’d. He then stated he’d be happy to share information regarding those businesses that have shown interest in the proposed liquor license later in the meeting (Ordinance 2024-044).

F. APPOINTMENTS

Mayor Barnes read the following appointment by title only:

1. Appointing Interim DeKalb County Administrator Derek Hiland to the Airport Advisory Board for the Completion of a Four-Year Term through December 31, 2027.

MOTION: Alderman Smith moved to approve the appointment; seconded by Alderman Larson.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

G. CONSENT AGENDA

Mayor Barnes read the Consent Agenda items by title only:

1. Minutes of the Special City Council and Finance Advisory Committee Meeting of August 19, 2024.

2. Minutes of the Regular City Council Meeting of September 9, 2024.

3. Accounts Payable and Payroll through September 23, 2024, in the Amount of $3,515,752.63.

4. Freedom of Information Action (FOIA) Report – August 2024.

MOTION: Alderman Larson moved to approve the Consent Agenda; seconded by Alderman Powell.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

H. PUBLIC HEARINGS

There were none.

I. CONSIDERATIONS

1. Consideration of a Community Economic Development Implementation Grant from the DeKalb County Community Foundation (DCCF) to Opportunity DeKalb for Project Launchpad in the Amount of $20,000.

Mayor Barnes read the consideration by title only.

MOTION: Alderman Verbic moved to bring the item to the floor for discussion; seconded by Alderman Smith.

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

Mayor Barnes recognized that Dan Templin of DCCF and Chad Glover of Opportunity DeKalb were present.

Alderman Zasada stated she was excited to see in the background of this item that a breakthrough group had begun and asked for more information.

Chad Glover, Opportunity DeKalb’s Executive Director, stated Breakthrough Community Business Academy was launched this past summer. Over 30 local residents expressed interest in the academy, with 10 enrolling. He noted there were factors involved as it pertains to only 10 of 30 actually enrolling, one of which was those interested needed to have an existing business or a clear business idea in order to be successful in the academy. Mr. Glover added that he hopes to have those that were unable to join this time around could be involved in the future cohorts. The other factor was that Saturday wasn’t a good day for some of those interested.

Mr. Glover then spoke of the involvement of Danita Sims, Opportunity DeKalb’s Director of Programing and Community Development, noting she deserves credit for recruiting the cohort and serving as the instructor. Mr. Glover also noted that Ms. Sims received training from Opportunity DeKalb’s national partner, Rising Tide Capital via their Be Prepared to Deliver program.

Closing his comments, Mr. Glover stated the program is off to a great start, adding the City’s leadership has been critical, as has the support of local businesses such as Old National Bank who provided Opportunity DeKalb with a $10,000 grant for the program.

Alderman Zasada asked how much it costs per person for the program. Mr. Glover replied that Rising Tide has estimated it costs approximately $3,000 per person. He also noted that one of the most important things to Opportunity DeKalb is to make the program accessible to residents, therefore, at least 75% of each cohort will be made up of individuals from low to moderate income backgrounds. Mr. Glover added that participants of the current cohort were charged a one-time $50 fee, which will go towards a graduation ceremony at the end of the program.

Alderman Zasada asked what the capacity is per cohort, to which Mr. Glover replied up to 20 people. Alderman Walker thanked Mr. Glover for his efforts, as did Alderman Powell.

City Manager Nicklas noted there seems to be a consensus among the Council regarding the consideration, therefore $20,000 will be added to the Community Development budget.

J. RESOLUTIONS

1. Resolution 2024-096 Approving a Transit Shelter Advertising Agreement with View Transit, LLC. 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 Zasada asked how the City could expand services to add shelters to bus stops that currently don’t have them.

Transit Manager Neuenkirchen replied there are approximately 250 bus stops throughout the community. He provided a brief history of the program and stated that funding sources and locations are currently being identified. Mr. Neuenkirchen also explained that it costs approximately $60,000 to install a bus shelter.

Alderman Zasada recalled a previous discussion that involved service organizations providing a bench at some of the shelters, however it was believed to be a conflict of service agreements. She then stated that while not every stop needs a shelter, perhaps now would be a good time to add a stipulation to the service agreements to include the addition of a bench so that citizens have a place to sit while waiting for the bus.

Mr. Neuenkirchen stated while he doesn’t think it would be a conflict of the service agreement, the challenge is once something is put up, ADA elements must be addressed.

Alderman Zasada stated she feels this is a very important issue, especially for those having to stand at a stop while waiting for a bus. Mr. Neuenkirchen agreed.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

2. Resolution 2024-097 Authorizing the Waiver of Competitive Bidding and Approving a Contract with Fer-Pal Construction USA LLC in the Amount of $288,780 for Water Main Lining of Approximately 340 Feet of 16-Inch Main Located Under the Right-of-Way of Interstate I-88.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Smith moved to approve the resolution; seconded by Alderman Powell.

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

Alderman Perkins asked what the liner is made of and its size. City Manager Nicklas explained that the liner is applied with an adhesive and a brush that presses it forward and is most likely very thin. He also noted it’s about a two week process.

Mayor Barnes commented that the company has videos of the process on their website.

City Manager Nicklas stated he will return to Council in a month or so with the first recommendation from the water system modeling that’s been occurring for the last nine months. Alderman Zasada asked if the watermain has been scoped for blockages, such as a tree root. City Manager Nicklas replied there are most likely no blockages as the pipe is concrete and 24 inches thick.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

3. Resolution 2024-098 Authorizing the Purchase of a Replacement Phoenix G2 ATX Station Controller from US Digital Designs in an Amount Not to Exceed $21,194.25 Using the Liability and Property Claims Fund.

Mayor Barnes read the resolution by title only.

MOTION: Alderman Perkins 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 an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

K. ORDINANCES – SECOND READING

1. Ordinance 2024-044 Amending Chapter 38 “Intoxicating Liquors”, Section 38.07, “Classifications of Liquor Licenses”, by Adding a Cosmetic Establishment Liquor License.

Mayor Barnes read the ordinance by title only.

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

Mayor Barnes stated as the Liquor Commissioner, business owners speak with him frequently about changes to the City’s liquor code, adding they also speak with the Recording Secretary, as she processes liquor licenses, who then passes the comments on to him.

Mayor Barnes then read excerpts of emails the City has received requesting the addition of a Cosmetic Establishment liquor license to enhance services to salon clientele. He noted that businesses wanting the license would be required to provide proof of liquor liability insurance as well as TIPS (Training for Intervention Procedures) / BASSET (Beverage Alcohol Sellers and Services Education and Training) certificates, as well as any fee associated with the license.

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

Alderman Larson stated she’s spoken with individuals who have stated some DeKalb salons are already providing alcoholic drinks to their clientele illegally. She added that some salon services can take several hours and offered her support of this item.

Alderman Walker stated that while some barbershops are good, there are some that are sketchy where one or two beers could turn into something more serious such as an argument or fight. He added that he wants to help businesses, but he doesn’t support this item.

Mayor Barnes stated he, as the Liquor Commissioner, has pulled liquor licenses of those businesses that have violated the City’s code and jeopardized public safety.

Discussion ensued regarding the proposed liquor license classification and its requirement that only those receiving services would be offered Low ABV (Alcohol by Volume) drinks, as well as the requirement of liquor liability insurance.

Mayor Barnes provided a list of other cities in Illinois that offer the proposed service, which include Deerfield, Oak Brook, Arlington Heights, and Glenview.

VOTE: Motion carried by a 5-2-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Barnes. Nay: Verbic, Walker. Abstain: Powell. Mayor Barnes declared the motion passed.

Following the vote, Mayor Barnes stated he never considered that appointing Alderman Powell to the Council and bringing this subject matter forward would be connected by some as advantageous to Alderman Powell’s business. He added that Alderman Powell has been vilified repeatedly online for no reason without the ability to defend himself. Mayor Barnes closed his comments by stating that the negative comments about Alderman Powell were unreasonable and unwarranted and those who made them should be ashamed of themselves.

Alderman Powell stated his barbershop business will not be applying for the subject liquor license. He explained that he contacted Mayor Barnes when he saw the topic on the agenda, which coincided with the opening of his business, and asked if it could be removed. Mayor Barnes told him it wouldn’t be removed because the Council can’t make decisions based on social media comments.

Continuing his comments, Alderman Powell stated this has been a slap in the face not only to him, but to those that work for him, adding he moved to his current location in DeKalb for better exposure, not for a liquor license. He further stated that the Fifth Ward contains many barbershops and beauty salons and it’s his obligation to advocate for the owners.

L. ORDINANCES – FIRST READING

1. Ordinance 2024-045 Approving the Rezoning of Property Located at 2100 Pleasant Street (Southeast Corner of Pleasant Street and Peace Road) from the “HI” Heavy Industrial District to the “GC” General Commercial District (City of DeKalb).

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 Council.

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

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

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

2. Ordinance 2024-046 Amending Chapter 23 “Unified Development Ordinance” as it Pertains to Miscellaneous Text Amendments (City of DeKalb).

Mayor Barnes read the ordinance by title only.

MOTION 1: Alderman Powell 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.

Alderman Perkins noted his concerns regarding the proposed Article 5 amendment as it pertains to the common wall in single-family attached dwellings and contrasting exterior paint colors. He noted he’s seen neighborhoods where one owner has painted their side dark blue, and the other owner has painted their side white, and it looks awful. He added that as the code exists now, the City has an opportunity to provide guidance for consistency within a neighborhood and wondered what the City’s control mechanism would be if it’s removed.

City Manager Nicklas stated this issue has come up during discussions regarding special use permits and language has been added regarding compatibility.

City Attorney Rose stated the best thing to do would be a text amendment to require an aesthetic code to require like colors.

Discussion ensued between Alderman Perkins, City Manager Nicklas, City Attorney Rose, and Planning Director Olson.

Alderman Larson commented on possible financial hardship on one owner if the other owner decided to change their exterior color.

Alderman Verbic wondered about situations with rental properties and if the obligation to conform with the conditions would be up to the owner or the City. It was confirmed that the City would not be involved in that situation.

Further discussion ensued regarding next steps.

City Manager Nicklas recommended considering all of the proposed amendments, excluding the matter of common wall single-family attached dwellings.

MOTION 2: Alderman Perkins moved to amend the ordinance by removing the portion of Article 5 that concerns common wall single-family attached dwellings; seconded by Alderman Smith.

VOTE 2: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

VOTE 1: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

MOTION 3: Alderman Zasada moved to waive Second Reading of the ordinance; seconded by Alderman Larson.

VOTE 3: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed.

M. REPORTS AND COMMUNICATIONS

1. Council Member Reports.

Alderman Smith agreed with the comments Mayor Barnes made regarding remarks made about Alderman Powell online, stating he’s sorry that happened.

Alderman Powell reported his attendance at the recent IML Conference, adding it was a good experience.

Alderman Verbic reported on the Barbed Wire Weekend events taking place this weekend.

Mayor Barnes reported on recent meetings and event he’s attended, included the DAHA dedication, the 9-11 Patriots Day ceremony, participation in the Meals on Wheels program, attendance at the recent IML Conference, the AFSP Walk, the Northern Illinois University football game, and the Be the One Walk sponsored by the American Legion.

2. City Manager Report.

City Manager Nicklas introduced his brother, Bob Nicklas.

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. Worker’s Compensation as Provided for in 5 ILCS 120/2(c)(12); and

2. Collective Bargaining as Provided for in 5 ILCS 120/2(c)(2).

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

VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed and recessed the Regular meeting at 7:29 p.m.

Following adjournment of the Executive Session, Mayor Barnes opened the meeting to the public at 8:36 p.m.

O. ADJOURNMENT

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

VOTE: Motion carried by an 8-0 voice vote. Aye: Zasada, Larson, Smith, Perkins, Powell, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed and adjourned the meeting at 8:36 p.m.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Minutes/_09232024-2591