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City Council

Regular Meeting

DeKalb, IL · September 13, 2021

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Minutes

MINUTES CITY OF DEKALB REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2021 The City Council of DeKalb, Illinois held a Regular meeting on September 13, 2021, 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. City Clerk Sasha Cohen called the roll, and the following members of City Council were present: Alderman Carolyn Morris, Alderman Barb Larson, Alderman Tracy Smith, Alderman Greg Perkins, Alderman Scott McAdams, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Cohen Barnes. Others in attendance were: City Manager Bill Nicklas and City Attorney Matt Rose. B. PLEDGE OF ALLEGIANCE Mayor Barnes asked Earnell Brown to lead the Pledge of Allegiance. C. APPROVAL OF THE AGENDA MOTION: Alderman Verbic moved to approve the agenda; seconded by Alderman Faivre. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. D. PUBLIC PARTICIPATION There was none. E. PRESENTATIONS There were none. F. APPOINTMENTS There were none. G. CONSENT AGENDA MOTION: Alderman McAdams moved to remove item G.3. “Minutes of the Special City Council Meeting of September 1, 2021” from the Consent Agenda; seconded by Alderman Smith. Mayor Barnes clarified that item G.3. was being removed from the Consent Agenda because Alderman McAdams was marked as absent in the minutes when he was actually in attendance. Mayor Barnes asked the City Clerk to make the necessary corrections and submit them to Council at a later date for approval. There was no further discussion. Regular Meeting Minutes September 13, 2021 Page 2 of 10 VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. Mayor Barnes read the following Consent Agenda items in their entirety: 1. Minutes of the Regular City Council Meeting of June 28, 2021. 2. Minutes of the Regular City Council Meeting of July 12, 2021. 3. Minutes of the Special City Council Meeting of September 1, 2021. 4. Accounts Payable and Payroll through September 13, 2021, in the Amount of $3,333,145.29. MOTION: Alderman McAdams moved to approve the Consent Agenda as amended; seconded by Alderman Perkins. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. H. PUBLIC HEARINGS There were none scheduled. I. CONSIDERATIONS Mayor Barnes read the following title for the record: 1. Consideration of the 2020 Census Impact on the City Ward Map. MOTION: Alderman Morris moved to bring this item to the floor for discussion; seconded by Alderman Faivre. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating the State of Illinois requires the City to have political wards that are essentially equal in population. The 2020 Census results indicate the current population of DeKalb to be 40,290, with a loss of approximately 3,805 citizens when compared with the 2010 Census, with most of the population loss from Ward 6. Alderman Verbic asked if the redistricting was something that only happens every 10 years or could something be done if there was dramatic growth within the next five years or so. City Manager Nicklas replied that something could be done, but typically it’s done with the outcome of the Census. There would be additional steps to take to make changes. City Attorney Rose indicated the City is required by law to redistricting adjustments every 10 years within a certain period of time after the Census. Alderman Verbic reiterated his question, and City Attorney Rose stated that changes could be made if there was growth. City Manager Nicklas commented that if Council felt the 2020 Census didn’t capture the true population of DeKalb, a proposition could be brought forward, which would identify the cost of a special Census. Regular Meeting Minutes September 13, 2021 Page 3 of 10 Mayor Barnes stated he recently met with the Mayor of Naperville, noting they’ll be organizing a special Census in order to acquire numbers from a project that’s under development, which will be coming on the (tax) rolls within the next year. City Manager Nicklas stated this item will be brought back in ordinance form for further action if Council consensus is that what is proposed is reasonable and fair. Addressing Council members, Mayor Barnes stated if they feel strongly about maintaining the current numbers in their wards, now would be the time to express that. Alderman Morris noted acknowledged that some of the shifts in the first ward are more logical. City Manager Nicklas thanked Planning Technician/GIS Specialist Doug Eaton for his work on the revised ward map. There was no further discussion J. RESOLUTIONS 1. Resolution 2021-080 Repealing Resolution 2021-075 and Authorizing an Agreement with DeKalb Corn Classic and Kishwaukee Sunrise Rotary Club for the 2021 DeKalb Corn Classic 5k/10k and Taste of DeKalb Events on September 26, 2021. Mayor Barnes read the resolution by title only. MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Smith. Mayor Barnes indicated this item was being brought before Council so he can recuse himself from the vote due to his participation and involvement in the Corn Classic event. Alderman Morris asked if she should also recuse herself since she is a member of the Sunrise Rotary Club. City Attorney Rose indicated she should. VOTE: The roll call vote resulted in the following: Aye: Larson, Smith, Perkins, McAdams, Verbic, Faivre. Nay: None. Recused: Morris, Barnes. Following the roll call vote, City Attorney Rose stated he assumed Alderman Morris was an officer of the Sunrise Rotary Club, but if she isn’t she doesn’t have to recuse herself. She indicated she was not. City Clerk Cohen then called for Alderman Morris’ vote, in which she stated “yes”. Therefore, the correct roll call vote is as follows: VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre. Nay: None. Recused: Barnes. Mayor Barnes declared the motion passed. 2. Resolution 2021-081 Authorizing a Payment to the DeKalb County Community Foundation on Behalf of the DeKalb Municipal Band for Services Beginning January 1, 2021, through December 31, 2021, in the Amount of $41,088. Mayor Barnes read the resolution by title only. MOTION: Alderman Smith moved to approve the resolution; seconded by Alderman Faivre. Regular Meeting Minutes September 13, 2021 Page 4 of 10 City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this comes before Council for a couple of reasons, the first being that the amount budgeted is beyond his spending authority. Secondly, over the years, Council has urged the municipal band and its executive director to establish its 501(c)3, however, they’ve been unsuccessful due to their relationship with the City. Therefore, the best way for them to establish method for private fundraising alternatives was to create a passthrough fund with the DeKalb County Community Foundation. City Manager Nicklas recommended approval. There was no further discussion. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. 3. Resolution 2021-082 Authorizing the Purchase of One Single-Axle Utility Vehicle through Rush Truck Center in an Amount Not to Exceed $204,035. Mayor Barnes read the resolution by title only. MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman Perkins. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this is a key vehicle in the Public Works Department as it carries an array of special equipment used on water main breaks, service line, valve, and hydrant repairs. He further stated that the purchase of the vehicle will be paid for through the Water Capital Fund. There was no further discussion. Mayor Barnes commented on the need for this equipment. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. 4. Resolution 2021-083 Authorizing the Award of a Construction Services Contract to Curran Contracting Company in the Amount of $1,736,419.37 for Illinois Route 23 and Gurler Road Improvements, with Staff Authority to Approve Change Orders Up to a Combined Project Total Not to Exceed $1,866,650. Mayor Barnes read the resolution by title only. MOTION: Alderman McAdams moved to approve the resolution; seconded by Alderman Morris. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating the City has been pursuing these improvements since late spring of 2020. Thanks City Engineer Zac Gill, the City has received a grant from the Illinois Department of Transportation (IDOT) through its Economic Development Program. Staff is hoping to get going on this project by at least installing a temporary signal for the winter. City Manager Nicklas also stated that change order approval is requested in case the unforeseen may occur, and recommended Council approval. There was no further discussion. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. 5. Resolution 2021-084 Authorizing an Agreement with Ferrara Candy Company for their Role in Economic Development Program Responsibilities. Regular Meeting Minutes September 13, 2021 Page 5 of 10 Mayor Barnes read the resolution by title only. MOTION: Alderman Faivre moved to approve the resolution; seconded by Alderman McAdams. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this item, as well as the next, are related to Resolution 2021-083. He stated this agreement will formalize Ferrara’s agreement to pay the difference between the current contracting price and the state grant. Approval is recommended. There was no further discussion. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. 6. Resolution 2021-085 Authorizing an Intergovernmental Agreement with DeKalb Township Road District Regarding the Design, Construction, Ownership and Maintenance of Gurler Road at the Intersection of Illinois Route 23. Mayor Barnes read the resolution by title only. MOTION: Alderman Verbic moved to approve the resolution; seconded by Alderman Faivre. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating this item is similar to others when there’s an overlap of jurisdiction between the City and the DeKalb Township Road District. This item calls the District’s support for the portion of the work that falls within their jurisdiction and indemnifies them for any failures by the City or private contractors working on the project. Approval is recommended. There was no further discussion. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. K. ORDINANCES – SECOND READING There were none. L. ORDINANCES – FIRST READING 1. Ordinance 2021-037 Amending The Fiscal Year-End December 31, 2021, Budget as it Pertains to the American Rescue Plan Fund (Fund 110). Mayor Barnes read the ordinance by title only. MOTION: Alderman Faivre moved to approve first reading of the ordinance; seconded by Alderman McAdams. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating there have been a lot of changes occurring from a fiscal standpoint this year for the good. The City has committed $1,185,000 for the acquisition of the Hunter Hillcrest property and when the American Recover Plan Fund 110 was established, we still hadn’t received the appraisal but proceeded to commit to purchase the building. This item is brought forward to account for the acquisition with more precision. Approval is recommended. There was no further discussion. Regular Meeting Minutes September 13, 2021 Page 6 of 10 VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. MOTION: Alderman Morris moved to waive second reading of the ordinance and approve; seconded by Alderman Larson. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. 2. Ordinance 2021-038 Authorizing a Zoning Map Amendment from the “SFR2” Single Family Residential District to the “PD-R” Planned Development Residential District and an Amendment to Ordinance 2018-068 for the Property Located at 1221 Sycamore Road (Adventure Works). Mayor Barnes read the ordinance by title only. MOTION: Alderman Smith moved to approve first reading of the ordinance; seconded by Alderman Morris. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating Adventure Works has recently acquired the lot next door to their property in order to continue providing services to the community and allow for the expansion of their outdoor activities area. This item has been vetted by the Planning and Zoning Commission and they approve. City Council approval is recommended. There was no further discussion. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. MOTION: Alderman Verbic moved to waive second reading and approve; seconded by Alderman Smith. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. 3. Ordinance 2021-039 Approving the Preliminary and Final Plat of Subdivision for CST Subdivision along Harvestore Drive (CST Industries, Inc.). Mayor Barnes read the ordinance by title only. MOTION: Alderman Faivre moved to approve first reading of the ordinance; seconded by Alderman Perkins. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, stating the petitioner is requesting approval of a three-lot subdivision plat located along Harvestore Drive, which will create some natural lot lines and create a 13.4-acre lot. The petitioner has been approached by other businesses regarding the sale of the property in the past. The three-lot 13.4-acre subdivision will allow them to sell its excess land to one or more interested parties if the occasion should arise again. The Planning and Zoning Commission has vetted this request and approves. City Council approval is recommended. There was no further discussion. Regular Meeting Minutes September 13, 2021 Page 7 of 10 VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. MOTION: Alderman Morris moved to waive second reading of the ordinance and approve; seconded by Alderman Faivre. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. At this point in the meeting, Mayor Barnes asked if public participation should be allowed prior to the discussion of an item. City Attorney Rose confirmed it should. 4. Ordinance 2021-040 Amending the City of DeKalb Municipal Code by Adding a New Chapter 46 “Citizen Police Review Board”. Mayor Barnes read the ordinance by title only. MOTION: Alderman McAdams moved to approve first reading of the ordinance; seconded by Alderman Verbic. Speaking as a public participant, Sasha Cohen provided his opinion regarding the proposed ordinance, by first stating he commends Council for instituting an external review of complaints. He then provided Council with a concern he has regarding the proposed board’s inabilities to make recommendations without having to filter them through the Police Chief. His second concern falls on the requirement that the board only open investigations into complaints if the complainant is willing to publicly attach their name with no mechanism for private discussion. He urged Council to review the ordinance and to see if there could be a way to protect the privacy of those who feel they’ve been victimized. Earnell Brown provided his opinion regarding the proposed ordinance, stating he believes the mechanism of a joint decision between the board and the Police Chief would suffice because the decision can’t be made by the Police Chief without consideration or input from the board. However, he couldn’t agree with allowing the Police Chief the single authority to make a decision after the board’s recommendation. Continuing, Mr. Brown stated that it’s important to build community trust and allow the community a way to be involved in the process of discipline and understanding policy change. Mr. Brown further stated that discussions within the community indicate the proposed ordinance is a good thing. Lastly, he thinks it goes hand in hand with crime reduction if there are police officers and community members working together to reduce crime and encouraged Council to make every effort to build trust between the Police Department and community. City Manager Nicklas provided an overview of this item based on the information provided in the agenda packet, noting changes that have been made to the proposed ordinance since it was first brought forward to Council on August 9, 2021. He further stated that that since that meeting, there’s been a lot of discussion among local community groups. The Human Relations Commission (HRC) has also reviewed the proposed ordinance and consensus was support of what had been presented to Council, with the urge to open the selection process board of members widely as possible. City Manager Nicklas continued, stating that discussion regarding this item has been ongoing, which included further discussion with Police Chief Byrd, who has also had internal discussions with his department. From these discussions it was thought to be more effective to require the Police Chief to consult with the board once an internal investigation is complete and before making any recommendation for discipline; that is now written into the ordinance. Regular Meeting Minutes September 13, 2021 Page 8 of 10 Another addition provides for an informal public hearing for citizen complaints in public session. Citizens can still bring confidential complaints to the Police Chief or Fire and Police Commission, the proposed board will only hear signed and written complains since their findings and recommendation will publicly bear on a Police Officer’s career and professional standing. It was recommended that Council approve only first reading of this ordinance so it can be held over in case there are others who haven’t had a chance to review it. Alderman Morris stated the comments made by the public at this meeting were valuable. She noted she has been in communication with some of the groups who have been working on this item who have expressed their satisfaction with some of the changes made. However, the primary problem that remains is that it appears the board has no real recourse in the event of a disagreement. City Manager Nicklas stated it’s an advisory body, so it doesn’t have a decision-making role and no fiduciary responsibility. Alderman Morris stated she agrees that there needs to be some “teeth” given to the proposed board but understands how it would become problematic if boards, commissions, and committees appointed by the Mayor were given the power to make decisions, for example, the termination of the Police Chief. She feels there should be a solution to the issue, but she isn’t sure what that solution is. City Manager Nicklas stated the City currently has 14 boards, commissions, and commissions, with some of them statutorily required, that provide guidance and support to Council in a number of subjects. However, Council shouldn’t give away its elected authority under local ordinances and state law. Alderman Perkins stated ultimately the Council is the “teeth” and the proposed board will be no different than any other board, commission or committee that assembles information and brings recommendations to Council; to go any further than that would essentially give Council’s responsibility to another entity. He further stated that this is quite a large first step a great starting point. He encouraged all to remember it’s not a destination, it’s a journey. Alderman Larson stated she believes the proposed board will provide clarity to what happened in certain situations. The proposed board will come up with the best picture of what happened, why it happened, and what caused it to happen so that when the people who have the “teeth” will have the clearest unbiased picture. Alderman McAdams stated from a constitutional standpoint, the sixth amendment provides anyone accused of a crime the knowledge of who their accuser is and the nature of the accusations, so we don’t have a right under the constitution to protect someone making an accusation anonymously. Alderman Verbic agreed with Alderman Perkins, stating Council is the accountable body for overseeing the process. He then stated it would be good to know what type of information would be reported to Council and in what manner so it can properly think through, research, and do the due diligence its elected to do. Alderman Faivre stated he has received several emails and been involved in discussions within the community members who think the changes made are acceptable. His understanding of the proposed board was that they were going to look at a situation, review available information and policies and if changes need to be made to those policies, Council is the forum to have that Regular Meeting Minutes September 13, 2021 Page 9 of 10 discussion. He further stated that this is where we get better and citizens get to review the procedures, review the situation, and understand what’s happening and make recommendations. Alderman Smith stated he’s had discussion with the City Attorney regarding the protection of victims. He went on to state there may be court proceedings tied to these incidences that could be jeopardized by our proceedings. He feels we should proceed very graciously and cautiously. The victim should be protected as much as possible. Alderman Morris stated she appreciates Alderman Perkins’ comments that this is just the beginning of a new journey. She hoes we can move forward with the proposed ordinance and continue to look at ways it can be improved. Mayor Barnes thanked City Manager Nicklas and Police Chief Byrd for their work on this item. He’s seen the item evolve and community input change and that result is what’s before Council now. He also thanked the City Manager and Police Chief for being open to ideas from the community and figuring out ways to bring those forward. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed. M. REPORTS AND COMMUNICATIONS 1. Council Member Reports. Alderman Larson thanked every department within the City for helping put on a great Corn Fest. Alderman Smith congratulated the City on the swearing in of only the second female firefighter in DeKalb’s history, and the only one on staff at this time. Alderman Perkins said he was happy to see progress with regard to the demolition of the former city hall building. Alderman Verbic thanked the residents and business owners for reaching out with topics for the next Ward 6 meeting, which will occur sometime in the fall after Council receives the results of the proposed redistricting. Alderman Faivre encouraged citizens to attend the upcoming Corn Classic and Taste of DeKalb event. He also stated that during the recent public safety meeting in Ward 1 the one question that was asked the most was “what can I do to help the community”. In response, Alderman Faivre stated that one of the things that can be done is to take care of your community by picking up trash in your neighborhoods and parks. Mayor Barnes reported that he and Alderman Larson met with City Manager Nicklas recently to discuss video gaming in DeKalb. He stated that as a result of that meeting, City Manager Nicklas will be bringing forward a revision to the ordinance that covers video gaming, which will put a moratorium on additional terminals. In response, Alderman Verbic stated he looks forward to that discussion. He also stated that the annual terminal fees the City charges should be revisited. Mayor Barnes reported on the 9/11 ceremony held at Northern Illinois University and how proud he was to see the number of people who attended. He thanked NIU for hosting the event and thanked the Daily Chronicle for their fantastic coverage. Regular Meeting Minutes September 13, 2021 Page 10 of 10 Mayor Barnes further reported that he recently met with the Mayor of Naperville to discuss ideas and insight into DeKalb. Mayor Barnes commented on the parties taking place on Blackhawk Road, which brings 300-500 people out at a time on the property formerly known as Campus Cinema. He thanked the Trash Squirrels group for coming out and picking up the large amounts of garbage left behind after those gatherings and thanked the DeKalb Police Department and NIU Police Department for keeping an eye on those parties so that they’re uneventful. Mayor Barnes stated that all Council members should be assigned to a board, commission, or committee, and to let him know if they’re not. Mayor Barnes reported that an AGN meeting was held last week and it was a phenomenal meeting and another step towards building more relationships and bridges within the community. Mayor Barnes stated he was at the swearing in of the Firefighter Faivre. He noted she is the only female firefighter. He recommended that Council attend the swearing in ceremonies if possible. Finally, Mayor Barnes agreed that Corn Fest was a huge hit. The restaurants were crushed with business. He commended City Manager Nicklas the idea of moving everything to the middle of the street. City Manager Nicklas replied that the thanks should go to Public Works Director of Streets and Facilities Andy Raih’s because it was his idea. He also noted that the downtown businesses benefited from the change and Corn Fest was just a nicer festival because of it. 2. City Manager Report. City Manager Nicklas reported that the City will be receiving a SAFER (Staffing for Adequate Fire and Emergency Response) grant from the federal government, which will cover the base salaries and benefit package of new firefighters over the next three years. He noted that the City was one of four in the entire country to receive the grant and thanked Fire Chief Jeff McMaster, Deputy Fire Chief Bart Gilmore, and Fire Lieutenant Noah Millard for their hard work on the grant application. N. EXECUTIVE SESSION There was none. O. ADJOURNMENT MOTION: Alderman Smith moved to adjourn the meeting; seconded by Alderman Faivre. VOTE: Motion carried by an 8-0 roll call vote. Aye: Morris, Larson, Smith, Perkins, McAdams, Verbic, Faivre, Barnes. Nay: None. Mayor Barnes declared the motion passed and adjourned the meeting at 7:11 p.m. Respectfully submitted, ______________________________ Ruth A. Scott, Executive Assistant Minutes approved by the City Council on November 22, 2021. Click here to view the agenda packet for the September 13, 2021, Regular City Council meeting. Click here to view the video recording of the September 13, 2021, Regular City Council meeting.

Agenda

DEKALB CITY COUNCIL AGENDA REGULAR MEETING SEPTEMBER 13, 2021 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, Illinois 60115 COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this meeting in-person with a physically present quorum that is open to the public and in compliance with all applicable public health requirements. All persons attending this meeting shall be required to wear protective face masks/coverings in accordance with Governor JB Pritzker’s Executive Order 2021-20 dated August 26, 2021. 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 Regular City Council Meeting of June 28, 2021. 2. Minutes of the Regular City Council Meeting of July 12, 2021. 3. Minutes of the Special City Council Meeting of September 1, 2021. 4. Accounts Payable and Payroll through September 13, 2021, in the Amount of $3,333,145.29. H. PUBLIC HEARINGS None. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda September 13, 2021 Page 2 of 9 I. CONSIDERATIONS 1. Consideration of the 2020 Census Impact on the City Ward Map. City Manager’s Summary: The State of Illinois requires a city’s political wards to be nearly equal in population (65 ILCS 5/3.1-20-25(a)). The impact of the 2020 census count and local housing development since the 2010 decennial census invite a closer look at the distribution of population across the City’s seven wards. The 2020 Census set the current DeKalb population at 40,290 or a loss of 3,805 persons from 2010 (-8.6%). Most of the population was lost in Ward 6 (-2,060) as shown in the table below: Redistrict Actual Difference % Difference 2010 2020 Ward 1 6,307 5,769 (538) -8.53% Ward 2 6,353 6,064 (289) -4.55% Ward 3 6,202 5,955 (247) -3.98% Ward 4 6,261 6,370 109 1.74% Ward 5 6,160 5,731 (429) -6.96% Ward 6 6,237 4,177 (2,060) -33.03% Ward 7 6,575 6,224 (351) -5.34% Total 44,095 40,290 (3,805) -8.63% If the populations of all seven wards were divided equally, they would average 5,756. The challenge is always to take into account the general prescription of the state legislature while recognizing that a “perfect” distribution would require ward lines in the middle of city blocks and awkwardly laying across natural and infrastructure barriers. Doug Eaton, the City’s Planning Technician and GIS specialist, has developed the proposed map that is included in the Agenda background. If this re-districting were adopted, the new ward map would have the following general population distribution: Actual Redistrict Difference Difference 2020 2020 from 5,756 Ward 1 5,769 5,831 62 75 Ward 2 6,064 5,894 (170) 138 Ward 3 5,955 5,932 (23) 176 Ward 4 6,370 5,651 (719) (105) Ward 5 5,731 5,729 (2) (27) Ward 6 4,177 5,858 1,681 102 Ward 7 6,224 5,395 (829) (361) Total 40,290 40,290 - City Council direction is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda September 13, 2021 Page 3 of 9 J. RESOLUTIONS 1. Resolution 2021-080 Repealing Resolution 2021-075 and Authorizing an Agreement with DeKalb Corn Classic and Kishwaukee Sunrise Rotary Club for the 2021 DeKalb Corn Classic 5k/10k and Taste of DeKalb Events on September 26, 2021. City Manager’s Summary: Resolution 2021-075 was approved by the City Council on August 23, 2021, by a vote of 7-0. Although no City financial support was voted as part of the Resolution, the fact that the Mayor is a member of the DeKalb Corn Classic board requires that he abstain from the vote on the Resolution. The City Council is therefore asked to repeal the affirmative vote of August 23 and, with the Mayor’s abstention, proceed to a new vote on the attached resolution. As the background in the August 23 Council agenda explained, the DeKalb Corn Classic is a popular event in the DeKalb community and draws larger crowds every year to the downtown business district. In September 2018, the Corn Classic partnered with the Kishwaukee Sunrise Rotary Club to conduct the Corn Classic in coordination with the inaugural Taste of DeKalb. This year, the parties want to coordinate the two events again, with the closure of Van Buer Plaza for the Taste of DeKalb and the temporary closure of a number of streets for the Corn Classic. The DeKalb Corn Classic and DeKalb Sunrise Rotary Club event organizers have requested the waiver of all fees. City Council approval is recommended. (click here for additional information) 2. Resolution 2021-081 Authorizing a Payment to the DeKalb County Community Foundation on Behalf of the DeKalb Municipal Band for Services Beginning January 1, 2021, through December 31, 2021, in the Amount of $41,088. City Manager’s Summary: The Legislative budget in the City’s FY2021 Annual Budget contains an allocation of $41,088 for the DeKalb Municipal Band, the longest continuously serving municipal band in the State of Illinois. According to Kirk Lundbeck, the Band’s conductor and executive director, the Band has established a pass-through fund with the DeKalb County Community Foundation to encourage private donations as well. Going forward, this pass-through fund will be the vessel for annual contributions – either public or private. The City’s FY2021 contribution will retroactively cover the expenses of the band during the summer of 2021. City Council approval is recommended. (click here for additional information) 3. Resolution 2021-082 Authorizing the Purchase of One Single-Axle Utility Vehicle through Rush Truck Center in an Amount Not to Exceed $204,035. City Manager’s Summary: The FY2021 Water Capital Fund (Fund 620) budgeted $200,000 for a new single axle utility vehicle, which is the most important vehicle in the Utility department’s fleet. It carries an array of special equipment used on main breaks, service line repairs, valve repairs and hydrant repairs. The truck carries hydraulic pumps, compressors, invertors, and light towers as well as an array of parts that can be used in any weather, any time of the day. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda September 13, 2021 Page 4 of 9 The City budget anticipates an outright purchase, rather than a lease purchase (GL#620-00-00-87000) to replace the current 2003 utility vehicle. Although vehicles of this unique description are not specified in the Illinois state purchase system, the City staff have worked with a discount finder service – Sourcewell – to locate a vehicle with the requisite specifications at a competitive price. The lowest-priced, fully-loaded vehicle in our market area was offered by Rush Truck Center of Huntley, IL. Rush Truck will provide the International chassis and work with Sauber Manufacturing of Virgil, IL on the box and appurtenances. The lowest competitive price totaled $204,035. The slight difference above the budgeted number is owing to current constraints and higher costs on the supply side of the specialty features on this truck. With an expected delay in receiving delivery of the fully-loaded truck until mid-2022, the actual budget claim will fall against the FY22 Budget. City Council approval is recommended to secure this important fleet replacement vehicle. (click here for additional information) 4. Resolution 2021-083 Authorizing the Award of a Construction Services Contract to Curran Contracting Company in the Amount of $1,736,419.37 for Illinois Route 23 and Gurler Road Improvements, with Staff Authority to Approve Change Orders Up to a Combined Project Total Not to Exceed $1,866,650. City Manager’s Summary: As City Engineer Zac Gill explains in the attached staff memorandum, the development of the Ferrara Candy Company logistical site has required significant upgrades to the design and layout of the intersection of Gurler Road at State Route 23 (S. Fourth Street). This upgrade takes into consideration not only the significant widening needed for truck turns and maneuvers, but full signalization to provide safe and efficient movement of all motorists through the area. The excavation, drainage, and pavement work are to be completed this Fall, with final signalization finished this Winter (n.b.: there is a five-month lead time on signal components owing to supply chain issues). The project is substantially funded through a grant of $1.49 million from the Illinois Department of Transportation Economic Development Program (EDP), which rewards job creation or retention in the State of Illinois. Any amount over the grant cap of $1.49 million is to be covered by the sponsored job creator, Ferrara Candy Company. The plans were taken to bid on August 30 of this year. Two bids were received: Company Name Base Bid William Charles Const. $1,815,129.48 Curran Contracting, Inc. $1,736,419.37 The City Engineer recommends the award of the contract as bid to Curran Contracting Company. Additionally, City Engineer Gill recommends a contingency of approximately 7.5% in the event the significant widening encounters poor soils, unusual drainage challenges, unforeseen utility conflicts, etc. City Council approval of the Curran bid of $1,736,419.37 and an additional contingency up to $130,231 is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda September 13, 2021 Page 5 of 9 5. Resolution 2021-084 Authorizing an Agreement with Ferrara Candy Company for their Role in Economic Development Program Responsibilities. City Manager’s Summary: The commitment by the Ferrara Candy Company to construct a 1.22 million square foot logistical center and a 468,000 square foot packaging center on Gurler Road prompted an extensive review of potential traffic impacts involving Krusinski Construction Company, the Illinois Department of Transportation, and City Engineer Zac Gill. As a result of their collaborative analysis, it was concluded that the intersection at Gurler Road and IL Rt. 23 needed to be substantially upgraded with turn lanes, wide turn radii to accommodate large truck movements, and full signalization to provide safe and efficient movement of all motorists through the area. To help underwrite the significant costs of these upgrades, the Ferrara Candy Company applied for $1.49 million through the Illinois Department of Transportation Economic Development Program to support the project. By IDOT protocols, the City of DeKalb acts as the EDP grantee for the sponsored company, and this requires an agreement with Ferrara to protect the financial interests of the City. By the terms of the attached agreement, Ferrara funds all portions of construction and engineering over the EDP award amount (in this case, an estimated $500,000 of additional private funding), and any penalties from the State should the company fail to create the promised jobs or fail to properly report those jobs to the State’s satisfaction. Ultimately, the City acts as a pass-through agency for funding and contract management. Paul Borek, executive director of the DeKalb County Economic Development Corporation, has confirmed that Ferrara exceeded the Enterprise Zone job requirements. Between the two buildings, the Company currently employs over 500 persons. City Council approval is recommended. (click here for additional information) 6. Resolution 2021-085 Authorizing an Intergovernmental Agreement with DeKalb Township Road District Regarding the Design, Construction, Ownership and Maintenance of Gurler Road at the Intersection of Illinois Route 23. City Manager’s Summary: The intersection improvements planned for IL Rt. 23 and Gurler Road fall partly within the Road District’s jurisdiction. The attached resolution invites the District’s support for that portion of the work which falls within Township jurisdiction, and indemnifies the District for any failures by the City or private contractors working on the project. The resolution is patterned after similar enactments affecting other intersections where the City and the Township have collaborated over the past several years. City Council approval is recommended. (click here for additional information) K. ORDINANCES – SECOND READING None. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda September 13, 2021 Page 6 of 9 L. ORDINANCES – FIRST READING 1. Ordinance 2021-037 Amending The Fiscal Year-End December 31, 2021, Budget as it Pertains to the American Rescue Plan Fund (Fund 110). City Manager’s Summary: On July 12 (Ordinance 2021-023), the City Council created a new fund (Fund 110) in the City’s financial software to provide the shell for tracking future revenues and expenditures associated with the American Rescue Plan. The allocation for “Land Acquisition Services” (Line Item 110-00-00-63650) anticipated the potential but then unknown acquisition cost for the Hunter Hillcrest property in the amount of $1,000,000. On August 23 (Ordinance 2021-035), the Council unanimously approved a purchase and sale agreement for the Hunter Hillcrest property (1011-1027 Hillcrest Drive) in the amount of $1,185,000 based on a certified appraisal by Valu Pros of Byron, IL. To account for the financial acquisition with more precision, the following revisions are recommended for the FY2021 Budget for Fund 110: Fund 110: ARP Fund FY2021 Proposed Expenditure Difference Budget Revision 110-00-00-63650 Land Acquisition $1,000,000 $1,200,000 +$200,000 110-00-00-63700 Developmental Services $500,000 $300,000 -$200,000 Net Difference $0.00 City Council approval is recommended. (click here for additional information) 2. Ordinance 2021-038 Authorizing a Zoning Map Amendment from the “SFR2” Single Family Residential District to the “PD-R” Planned Development Residential District and an Amendment to Ordinance 2018-068 for the Property Located at 1221 Sycamore Road (Adventure Works). City Manager’s Summary: Adventure Works of DeKalb County, Inc., represented by new Executive Director Katie Watts, has submitted a petition to rezone the property at 1221 Sycamore Road from the “SFR2” Single-Family Residential District to the “PD- R” Planned Development Residential District. The petitioner is also requesting an amendment to Ordinance 2018-068 to allow for the expansion of the Adventure Works outdoor activities area along Sycamore Road to the vacant lot at 1221 Sycamore Road. The petitioner bought the vacant lot in December 2019 and had the dilapidated home on it demolished. The PD-R zoning will match the zoning currently on the Adventure Works properties at 1211 and 1215 Sycamore Road. The proposed amendment to Ordinance 2018-068 would include the subject site within the restrictions of the 2018 ordinance that governed future use. The 2018 ordinance restricts uses on the site to a counseling center as well as any incidental and accessory uses (e.g., an elements course). There was once an apartment unit on the second level of the building, which was allowed to continue in the 2018 Ordinance; however, the apartment has been converted to offices. Adventure Works does not intend to re- establish a dwelling unit in the building and the recommendation is to prohibit any future dwelling units on the property. The Ordinance also contains a condition that requires the property’s appearance and character to remain substantially consistent with a single-family residential look. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda September 13, 2021 Page 7 of 9 Finally, the petitioner is also seeking approval of a waiver to the Unified Development Ordinance for a Planned Development of less than two acres. The subject site is 0.17 acres. The lot will be combined with two other lots owned by Adventure Works, which will result in a total of 1.15 acres. A waiver to this requirement has been approved several times before and most recently with the rezoning requests at 304 N. 10th Street and 1221 W. Lincoln Highway. The DeKalb Planning and Zoning Commission considered the rezoning and related requests at its regular meeting on September 7. By a vote of 5 to 0, the Commission recommended the Council’s approval. The welcome intent of the petitioner is to tidy up various zoning “loose ends” and establish a unified development plan for its several small parcels. City Council approval of the Planning and Zoning Commission’s recommendation is requested. (click here for additional information) 3. Ordinance 2021-039 Approving the Preliminary and Final Plat of Subdivision for CST Subdivision along Harvestore Drive (CST Industries, Inc.). City Manager’s Summary: As Principal Planner Dan Olson writes in his background memorandum, CST Industries, Inc. (CST Storage) is requesting approval of a three- lot subdivision plat located along Harvestore Drive. CST Storage has excess land between their building and Harvestore Drive that is not being utilized. In the past, CST has been approached by other businesses regarding the sale of the property. The three-lot 13.4-acre subdivision will allow CST to sell its excess land to one or more interested parties. The proposed Lot 1 is 2.85 acres and located at the far western portion of the subdivision. Lot 2 is 9.07 acres and Lot 3 is a 1.35-acre stormwater detention pond. Roadway access will be from Harvestore Drive and a 50-foot ingress and egress easement is shown on the plat over the existing private drive to allow access to the remainder of the CST property. The Planning and Zoning Commission discussed the proposed plat at their regular meeting on September 7. By a vote of 5 to 0, the Commission recommended approval of the Preliminary and Final Plat of CST Subdivision. City Council approval of the Planning & Zoning Commission recommendation is requested. (click here for additional information) 4. Ordinance 2021-040 Amending the City of DeKalb Municipal Code by Adding a New Chapter 46, “Citizen Police Review Board.” City Manager’s Summary: On August 9, the City Council considered and supported the City Manager’s draft outline of a Civilian Police Review Board with two basic purposes:  to ensure professional accountability on the part of duly sworn officers serving the DeKalb Police Department; and Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda September 13, 2021 Page 8 of 9  to invite transparency which promotes greater trust and understanding with respect to law enforcement training, practices, and procedures. The draft that was shared with the Council on August 9 had previously been shared with a variety of community groups, local law enforcement leaders, local social justice activists, and the Human Relations Commission (on August 3). The Commission recommended a broad solicitation of community candidates and stressed the importance of upfront training for Board members including ride-alongs with patrol officers, participation in simulation training, participation in implicit bias and de- escalation training, and a working knowledge of the Police Department Standards of Conduct before active work on the Review Board ensued. The attached ordinance contains several additional features to allow for more transparency, so it was brought back before the Human Relations Commission on September 7. Specifically, the attached ordinance  requires the Chief of Police to consult with the Board once the internal investigation is complete and before making any recommendation for discipline; and  provides for an informal public hearing of citizen complaints in public session. While citizens may still bring confidential complaints to the Chief of Police or Fire and Police Commission, the Citizen Review Board will only hear signed and written complaints since their findings and recommendation will publicly bear on a Police Officer’s career and professional standing. At its September 7 meeting, the Human Relations Commission considered the attached ordinance. After discussion, Commission chair Joe Gastiger polled the Commission which supported the draft ordinance without dissent. The following summary details the main provisions of the proposed ordinance: a) Use of Force Cases. Use of Force investigations may involve parallel criminal and administrative paths. With respect to the administrative path whose focus would be whether an Officer’s actions were in violation of DeKalb Police Department policies and procedures, the Chief of Police shall consult with the Board once the internal investigation is complete and before making any recommendation for discipline. In its deliberation, the Board shall have access to all materials and evidence pertinent to a particular case including, but not limited to, the following:  Police dashboard camera footage;  Police body camera footage;  Footage from cameras on site or near the location where a particular incident occurred;  Forensic reports;  Police case files; and  Written or recorded witness accounts. The Board’s deliberations with respect to a potential Use of Force violation by a particular DeKalb Officer may be prompted by a citizen complaint. To assure that Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda September 13, 2021 Page 9 of 9 knowingly false information does not confuse or disrupt the Commission’s work or unfairly jeopardize a Police officer’s professional standing in the community, such complaints shall be written and signed, and subject to legal review in the event the complaint was knowingly unfounded. If the Chief of Police concludes, after deliberation with the Board, that discipline for a violation of the Department’s Use of Force policies and procedures is merited, and proceeds to impose that discipline, the Chief’s findings, Board recommendation, and discipline shall become a part of the City’s public records and such records shall be retained according to the Local Records Act (50 ILCS 205/1, et seq.). b) Consideration of Citizen Complaints. The Board may choose to consider written and signed citizen complaints about the conduct or performance of a DeKalb Police officer. As noted above, anonymous complaints will not be considered.  A majority of a quorum of the Board is needed to proceed with the investigation of a citizen complaint against a sworn officer.  The Board shall consider all complaints in public session. The Board will not have the authority to enter into confidential or caucus discussions with the complainant or individual parties.  Complaints shall be sent in writing to the Board which shall determine when the complaint will be heard, with the expectation that there will be adequate time for any written complaint and any written response from the impacted Police Officer to be thoughtfully considered prior to the convening of the Board’s informal inquiry.  The Board’s judgment regarding a complaint shall be advisory only, and any Board recommendation shall be made to the Chief of Police. c) Monitoring of Police Training. The Board shall monitor the DeKalb Police Department’s compliance with the training mandates of Public Act 101-0652 and shall be given quarterly reports from the Chief of Police regarding the status of the department’s compliance efforts. City Council approval on first reading only 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 REGULAR AGENDA PACKET – SEPTEMBER 13, 2021 Assistive services, including hearing assistance devices, available upon request.