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City Council

Regular Meeting

DeKalb, IL · February 8, 2021

AgendaMinutes

Minutes

MINUTES CITY OF DEKALB REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2021 The City Council of DeKalb, Illinois held a Regular City Council meeting on February 8, 2021, in the Yusunas Meeting Room of the DeKalb Public Library, 309 Oak Street, DeKalb, Illinois. A. CALL TO ORDER AND ROLL CALL Mayor Smith called the meeting to order at 6 p.m. City Clerk Lynn Fazekas (attending remotely) called the roll, and the following members of City Council were present: Aldermen Carolyn Morris, Bill Finucane (attending remotely), Tracy Smith, Greg Perkins, Scott McAdams, Mike Verbic, Tony Faivre, and Mayor Jerry Smith. Staff present included: City Manager Bill Nicklas and City Attorney John Donahue. B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES Mayor Smith led the Pledge. C. APPROVAL OF THE AGENDA Mayor Smith asked for additions and deletions to the agenda. MOTION Alderman Verbic moved to remove item J.1. (Resolution 2021-010) from the agenda. Alderman McAdams seconded. Alderman Morris said she requested the resolution to be revisited because Council had voted it down. She called it unusual not to explain “no” votes and felt there might be value in a discussion. VOTE Motion to remove item was defeated 3-4 on roll call vote. Aye: Perkins, McAdams, Verbic. Nay: Morris, Finucane, Smith, Faivre. MOTION Alderman Finucane moved to approve the agenda as presented. Morris seconded. VOTE City Council Regular Meeting Minutes February 11, 2021 Page 2 of 6 Motion carried 7-1 on roll call vote. Aye: Finucane, Smith, Perkins, McAdams, Faivre, Morris, Mayor Smith. Nay: Verbic. Mayor Smith declared the agenda passed as presented. D. PUBLIC PARTICIPATION J.J. Wett participated remotely. He commented that homelessness is on the rise due to the pandemic and related events such as job loss. Mr. Wett said over the weekend he took a report that five people had braved brutally cold temperatures unsheltered, and he suggested a plan to coordinate not-for-profit organizations to assist. E. PRESENTATIONS There were none. F. APPOINTMENTS There were none. G. CONSENT AGENDA 1. Minutes of the January 25, 2021 Regular City Council Meeting. 2. Minutes of the October 30, 2020 Joint Review Board Meeting. 3. Accounts Payable and Payroll through February 8, 2021 in the Amount of $2,311,115.00. Mayor Smith read each item of the consent agenda. MOTION Alderman Perkins moved to approve the consent agenda. Alderman Morris seconded. VOTE Motion carried 8-0 on roll call vote. Aye: Smith, Perkins, McAdams, Verbic, Faivre, Morris, Finucane, Mayor Smith. Nay: none. Mayor Smith declared the consent agenda passed. H. PUBLIC HEARINGS There were none. I. CONSIDERATIONS There were none. City Council Regular Meeting Minutes February 8, 2021 Page 3 of 6 J. RESOLUTIONS 1. Resolution 2021-010 Approving a Laundromat Liquor License for South 4th Street Mega Laundromat, LLC, Located at 1387 S. Fourth Street, with Supplemental Licensure for Video Gaming. Mayor Smith read the resolution by title only. MOTION Alderman Morris moved to reconsider the resolution. Alderman Finucane seconded. Members of the public Mike Larson, Mike Embrey, Dwayne Brown, John Nelson, and Todd Hanson each spoke in support of the resolution. Sarah Whiting, representing the petitioner, presented a Power Point of the proposal. Jim Mason, petitioner, said because the grocer Sullivan’s had had a liquor license on the same site, he had not expected there to be a problem getting one. Alderman McAdams said his neighborhood hates the idea of alcohol near their school. Alderman Morris said having more video gaming establishments tends to harm the broader community from an economic standpoint. Alderman Finucane named other establishments that are near schools in the same wards. Alderman Faivre said he opposed gaming and wanted to support what the ward wants. Alderman Perkins said the school district’s opposition to the establishment was the largest factor in his decision to oppose. VOTE Motion to reconsider was defeated 2-5 on roll call vote. Aye: Finucane, Smith. Nay: Perkins, McAdams, Verbic, Faivre, Morris. 2. Resolution 2021-013 Authorizing an Addendum for Engineering Services with Fehr Graham & Associates, LLC for the 2021 General Street Maintenance Program as Part of the 2019 Three-Year Services Agreement, with a Fee for FY2021 Not to Exceed $135,000. Mayor Smith read the resolution by title only. City Council Regular Meeting Minutes February 11, 2021 Page 4 of 6 MOTION Alderman Faivre moved to approve the resolution. Alderman McAdams seconded. VOTE Motion carried 8-0 on roll call vote. Aye: McAdams, Verbic, Faivre, Morris, Finucane, Smith, Perkins, Mayor Smith. Nay: none. Mayor Smith declared the resolution passed. 3. Resolution 2021-014 Authorizing a Strong Communities Program Grant from the Illinois Housing Development Authority in the amount of $100,000 for Reimbursement of City Expenditures Related to the Demolition of Three Condemned Residential Properties. Mayor Smith read the resolution by title only. MOTION Alderman Verbic moved to approve the resolution. Alderman Perkins seconded. VOTE Motion carried 8-0 on roll call vote. Aye: Verbic, Faivre, Morris, Finucane, Smith, Perkins, McAdams, Mayor Smith. Nay: none. Mayor Smith declared the resolution passed. Mayor Smith obtained the consensus of Council to treat Resolutions, 4, 5, and 6, as follows, in omnibus fashion. 4. Resolution 2021-015 Authorizing the Addition of the Illinois Public Pension Fund Association (IPPFA) Deferred Compensation Plan as an Employee Benefit (457(b) Plan). 5. Resolution 2021-016 Relating to the Transfer of the Nationwide PEHP-Z Contract to the Illinois Public Pension Fund Association (IPPFA) Retiree Healthcare Funding Plan and Trust (501c9). 6. Resolution 2021-017 Relating to a Retirement Healthcare Funding Plan (115 Trust). Mayor Smith read each of the three resolutions by title only. City Manager Nicklas noted the changes reflect new vendors for existing programs. MOTION Alderman Finucane moved to vote on Resolutions 4, 5, and 6 in omnibus fashion. Alderman McAdams seconded. VOTE City Council Regular Meeting Minutes February 8, 2021 Page 5 of 6 Motion carried 8-0 on roll call vote. Aye: Faivre, Morris, Finucane, Smith, Perkins, McAdams, Verbic, Mayor Smith. Nay: none. MOTION Alderman Verbic moved to pass the omnibus package of resolutions. Alderman Perkins seconded. VOTE Motion carried 8-0 on roll call vote. Aye: Morris, Finucane, Smith, Perkins, McAdams, Verbic, Faivre, Mayor Smith. Nay: none. Mayor Smith declared the resolutions approved. 7. Resolution 2021-018 Authorizing an Intergovernmental Agreement with the Illinois Department of Transportation for Capital Funding from the Rebuild Illinois Capital Grant Program from February 8, 2021 through November 30, 2021 in an Amount Not to Exceed $5,000,000. Mayor Smith read the resolution by title only. MOTION Alderman Finucane moved to approve the resolution. Alderman McAdams seconded. VOTE Motion carried 8-0 on roll call vote. Aye: Finucane, Smith, Perkins, McAdams, Verbic, Faivre, Morris, Mayor Smith. Nay: none. Mayor Smith declared the resolution passed. K. ORDINANCES – SECOND READING There were none. L. ORDINANCES – FIRST READING There were none. M. REPORTS AND COMMUNICATIONS 1. Council Member Reports Alderman Morris reported an effort involving individuals and churches in her ward to put up homeless people in hotels during the extreme winter weather. She remarked that the only overnight shelter space available is in Sycamore. Alderman Finucane said he attended the meeting remotely due to COVID. He reminded people to take precautions and announced he would receive the vaccine the next day. City Council Regular Meeting Minutes February 11, 2021 Page 6 of 6 Mayor Smith announced he and his wife had received COVID vaccinations. Alderman Smith said he is receiving calls about people not moving cars for the plows or shoveling sidewalks. Alderman Verbic thanked residents in his ward who are clearing snow and moving cars. 2. City Clerk Report City Clerk Fazekas made no report. 3. City Manager Report City Manager Nicklas announced the snow plowing strategy planned for that evening. Mr. Nicklas also asked Council for permission to exceed his spending authority to replace the failing de-icer at the airport with a good used one for $25,000. Mayor Smith declared consensus on that permission after hearing no objections to it. N. EXECUTIVE SESSION PURSUANT TO 5 ILCS (120/2) No executive session was authorized during this meeting. O. ADJOURNMENT MOTION Alderman Faivre moved to adjourn at 7:14 p.m. Alderman McAdams seconded. VOTE Motion carried 8-0 on roll call vote. Aye: Smith, Perkins, McAdams, Verbic, Faivre, Morris, Finucane, Mayor Smith. Nay: none. The mayor declared adjournment at 7:14 p.m. _____________________________________ LYNN A. FAZEKAS, City Clerk Approved by the City Council on February 22, 2021.

Agenda

DEKALB CITY COUNCIL AGENDA REGULAR MEETING FEBRUARY 8, 2021 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, Illinois 60115 COVID-19 Notice: This meeting will be conducted in-person with a physically present quorum and open to the public. The corporate authorities of the City of DeKalb intend to conduct this meeting in compliance with all applicable social distancing and public health requirements. All persons attending this meeting in-person shall be required to wear protective face masks/coverings. Furthermore, the corporate authorities of the City of DeKalb intend to conduct this meeting pursuant to Illinois Governor JB Pritzker’s Executive Order 2021-3 dated January 19, 2021 (the “Executive Order”), which prohibits meetings of more than 10 people for Tier 1 mitigations and meetings of more than 25 persons for Tier 2 mitigations, unless the City of DeKalb determines that it is necessary to invoke the Governmental Functions exemption contained in Section 3(c) of the Executive Order “to ensure the operation of government agencies or to provide for or support the health, safety and welfare of the public.” As a convenience to the public, the City of DeKalb may also provide video, audio, telephonic or internet access for the public to monitor this meeting. The provision of any such remote means of access is not intended to provide for attendance by a means other than physical presence due to the COVID-19 public health emergency, nor is it intended to provide an opportunity for the public to address public officials, make public comment or otherwise participate in the meeting. Persons wishing to provide public comment or otherwise address public officials in person during this meeting must comply with all applicable rules governing the conduct of this meeting including, but not limited to, the aforementioned social distancing and face covering requirements. The City of DeKalb is providing the following conveniences for the public to monitor and participate in this meeting:  Persons wishing to view the meeting from home or elsewhere can tune in to Channel 14 or by following the link provided here.  Persons wishing to provide public comment but are unable to attend the meeting in person or remotely may forward their comments by clicking on the link provided here. Note that all submissions must be received no later than 12:00 p.m. on the day of the meeting in order to ensure dissemination to the City Council before the meeting convenes. Zoom Meeting Information Join Zoom Meeting: https://us02web.zoom.us/j/83546838083?pwd=dDZuZWluQjMrZWFFU3VZZWZWWmVhUT09 Meeting ID: 835 4683 8083 Passcode: 214838 One Tap Mobile: +13126266799,,83546838083#,,,,*214838# US (Chicago)  For those participating via Zoom and wishing to comment during the public participation portion of the meeting, or prior to Council’s discussion of a particular item, please click on the link provided here and add in the Comment Section that you wish to address Council verbally. Note that all submissions must be received no later than 12:00 p.m. on the day of the meeting in order to ensure your name is added to the list of remote speakers. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda February 8, 2021 Page 2 of 6 A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE C. APPROVAL OF THE AGENDA D. PUBLIC PARTICIPATION E. PRESENTATIONS None. F. APPOINTMENTS None. G. CONSENT AGENDA 1. Minutes of the January 25, 2021 Regular City Council Meeting. 2. Minutes of the October 30, 2020 Joint Review Board Meeting. 3. Accounts Payable and Payroll through February 8, 2021 in the Amount of $2,311,115.00. H. PUBLIC HEARINGS None. I. CONSIDERATIONS None. J. RESOLUTIONS 1. Resolution 2021-010 Approving A Laundromat Liquor License for South 4th Street Mega Laundromat, LLC, Located at 1387 S. Fourth Street, with Supplemental Licensure for Video Gaming. City Manager’s Summary: This resolution failed by a Council vote of 2-5 on January 25. It is only presented on the February 8 Agenda because Mr. Mason, the principal owner of the limited liability company promoting the laundromat license, has requested a “reconsideration” of the Council’s vote because there was no discussion on the main motion to approve the Resolution on January 25. A motion to reconsider must be made by a member who voted on the prevailing side of the question to be reconsidered (i.e., a Council member who voted “no” in this instance). Any member may second the motion. If no Council member from the prevailing side moves to reconsider, the motion to reconsider cannot be renewed. Further, if a motion to reconsider is made and seconded and the resulting vote is decided in the negative, the motion to reconsider cannot be renewed. Regular Meeting Agenda February 8, 2021 Page 3 of 6 A motion to reconsider does not obligate the maker to a “yes.” It only introduces the opportunity for Mr. Mason to explain his plan and his reason(s) for asking the Council’s support. Some background on the Resolution is appended for reference purposes. City Council direction is requested. (Click here for additional information) 2. Resolution 2021-013 Authorizing an Addendum for Engineering Services with Fehr Graham & Associates, LLC for the 2021 General Street Maintenance Program as Part of the 2019 Three-Year Services Agreement, with a Fee for FY2021 Not to Exceed $135,000. City Manager’s Summary: The City’s annual Street Maintenance Program is heavily funded by motor fuel tax funds and must be undertaken in accordance with IDOT design standards and standard engineering construction methods. One of the requirements is a “resident engineer” to provide the day-to-day measurements, concrete testing and sampling, and coordination with multiple contractors. In 2019, the Engineering Division circulated a Request for Proposals (RFP) for a three-year contract for such construction supervision. (2019-2021). Fehr Graham was selected through that process. This resolution concerns the third and final year of the three- year contract. Construction observation and project management typically constitute about 10% of the street maintenance construction costs. In the 2021 Budget, $1.2 million is allocated in the Motor Fuel Tax Fund (Fund 210) and another $600,000 is allocated in the Capital Projects Fund (Fund 400) for street and alley improvements in 2021. Fehr-Graham performed well during the 2018, 2019 and 2020 Street Maintenance programs with a high level of satisfaction expressed by residents of the many neighborhoods that were impacted. In addition, the Fehr-Graham Project Manager was able to complete the firm’s services under budget for each of the last two years. It should be noted that the fee of $135,000 includes design and project management for any alternates that might be bid and approved. If these alternates are not approved by the Council after the bids are received, the engineering services contract will be reduced accordingly. City Council approval is recommended. (Click here for additional information) 3. Resolution 2021-014 Authorizing a Strong Communities Program Grant from the Illinois Housing Development Authority in the amount of $100,000 for Reimbursement of City Expenditures Related to the Demolition of Three Condemned Residential Properties. City Manager’s Summary: The approval of this Resolution authorizes the Mayor to sign a program funding agreement between the Illinois Housing Development Authority (IHDA) and the City, and to complete all other required documentation to enable the City to accept up to $100,000 in grant funding from the IHDA Strong Communities Program (SCP). The program will provide up to $100,000 in funds for reimbursement of City expenditures related to the demolition of condemned residential properties. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda February 8, 2021 Page 4 of 6 The Strong Communities Program is designed to return vacant residential properties to productive and taxable use through rehabilitation and provides funds for demolition in cases where properties are beyond repair and negatively impacting neighboring residences. The program is intended to increase property values, create jobs, help reduce crime, generate additional tax revenue, and attract further community investment. In addition, the program compliments the work of the Illinois Revitalization Task Force, established by SR1786, which recognizes abandoned and vacant single- family homes affect housing values, decrease the affordable housing stock, and sometimes pose a public safety hazard. The City’s Building department is aware of a number of vacant, condemned, single- family residences that are beyond repair and in need of demolition. The presence of these dilapidated and abandoned homes negatively impacts the appeal of neighboring residences. City Council approval is recommended. (Click here for additional information) 4. Resolution 2021-015 Authorizing the Addition of the Illinois Public Pension Fund Association (IPPFA) Deferred Compensation Plan as an Employee Benefit (457(b) Plan). City Manager’s Summary: The next three resolutions are integrally related and may be taken in omnibus fashion. They provide the contracts that implement an improved wellness program structure that was negotiated with DeKalb Fire Fighters Local 1236 in the fall of 2020. In addition to staffing, a principal focus of the recent contract negotiations with Local 1236 was a wellness program that would give employees more incentive to voluntarily prepare for their health care costs after City retirement. The program encourages the employee to reduce sick time usage thus reducing overtime burdens on the City to meet minimum staffing requirements. The collective bargaining agreement was settled between the City of DeKalb and Local 1236 through Resolution 2020-132. The City of DeKalb and Local 1236 identified IPPFA Benefits as the preferred service provider for a 501(c)(9) and Section 115 Trust. In addition to these two programs, IPPFA Benefits offers a 457(B) plan. The City currently utilizes multiple vendors for 457(B) programs. The City and Local 1236 determined that IPPFA Benefits would serve the City of DeKalb in a more efficient and effective manner. 457(b) Plan: Deferred compensation plans described in the Internal Revenue Code (IRC Section 457) are available for certain state and local governments and non- governmental entities that are tax exempt under IRC Section 501. Plans eligible under 457(b) allow employees (such as the members of Local 1236) of sponsoring organizations (the City) to defer income taxation on retirement savings into future years. Ineligible plans may trigger different tax treatment under IRC 457(f). 501(c)(9): A voluntary employees' beneficiary association under Internal Revenue Code Section 501(c)(9) is an organization organized to pay life, sick, accident, or similar benefits to members or their dependents, or designated beneficiaries such as members of Local 1236. No part of the net earnings of the association may inure to the benefit of any private shareholder or individual. Regular Meeting Agenda February 8, 2021 Page 5 of 6 Section 115 Trust: Section 115 Trust provides a tax-exempt base for funding retiree health benefits. Employee contributions fund this account for medical expenses and payments. City Council approval is recommended. (Click here for additional information) 5. Resolution 2021-016 Relating to the Transfer of the Nationwide PEHP-Z Contract to the Illinois Public Pension Fund Association (IPPFA) Retiree Healthcare Funding Plan and Trust (501c9). City Manager’s Summary: See Resolution 2021-015, above. This resolution adopts IPPFA’s 501(c)9 as the custodian of existing firefighter deposits presently on account through the Nationwide company program. City Council approval is recommended. (Click here for additional information) 6. Resolution 2021-017 Relating to a Retirement Healthcare Funding Plan (115 Trust). City Manager’s Summary: See Resolution 2021-015, above. This resolution establishes a 115 Trust for the ongoing deposits in the IPPFA funds. City Council approval is recommended. (Click here for additional information) 7. Resolution 2021-018 Authorizing an Intergovernmental Agreement with the Illinois Department of Transportation for Capital Funding from the Rebuild Illinois Capital Grant Program from February 8, 2021 through November 30, 2021 in an Amount Not to Exceed $5,000,000. City Manager’s Summary: The approval of this Resolution authorizes the Mayor to sign an Intergovernmental Agreement (IGA) between the Illinois Department of Transportation (IDOT) and the City to provide capital assistance for public transit- related projects. The $5,000,000.00 Rebuild Illinois capital funds will be used to assist with the design and construction of a transit maintenance and operations facility for the DeKalb Urbanized Area. Additionally, the City can use the funds as the “Local Match” towards future Federal Transit Administration (FTA) capital grant applications. On May 26, 2020, Council approved Resolution 2020-041 authorizing submittal of a Rebuild Illinois grant application to the Illinois Department of Transportation for a public transportation capital assistance grant. On November 2, 2020, The City was notified by IDOT that we were awarded $5,000,000.00 in capital grant funding to assist with the capital needs of the transit system. Of that amount, $1,000,000 will be used to assist with the completion of Part One and Part Two of the City’s 2019 Request for Qualifications (RFQ) for Architectural, Engineering, and Construction Management Services. City staff continue to work through a final Scope of Work with the preferred vendor selected from the RFQ process to complete these tasks. The remaining $4,000,000 will be used as Local Match assistance to support upcoming competitive FTA grant applications including a “Better Utilizing Investments Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda February 8, 2021 Page 6 of 6 to Leverage Development” (BUILD) Grant, Bus and Bus Facilities Grant (5339[b]) and the Low or No Emission Vehicle Program Grant (5339[c]). Any funds received from the FTA competitive grant process will be added to the City’s existing State capital funds and used to complete the construction of the transit maintenance and operations facility. The attached Resolution designates the Mayor to sign the Downstate Operating Assistance IGA and designates the City Transit Manager to execute the application and other required documentation. The most common types of documentation are requests for advance payment, requisitions, and quarterly reports. Designating the Mayor and Transit Manager as the persons authorized to execute the application and other required documentation follows normal City protocol when dealing with State and Federal transit funding. City Council approval is recommended. (Click here for additional information) K. ORDINANCES – SECOND READING None. L. ORDINANCES – FIRST READING None. M. REPORTS AND COMMUNICATIONS 1. Council Member Reports 2. City Clerk Report 3. City Manager Report N. EXECUTIVE SESSION None. O. ADJOURNMENT FULL AGENDA PACKET