City Council

DEKALB CITY COUNCIL AGENDA REGULAR MEETING OCTOBER 11, 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, which was extended to October 16, 2021, by Executive Order 2021-23 dated Sept. 17, 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. Accounts Payable and Payroll through October 11, 2021, in the Amount of $1,268,382.88. H. PUBLIC HEARINGS None. I. CONSIDERATIONS 1. Consideration of a Proposal from SunVest Solar, Inc. to Develop a Solar Farm at the DeKalb Taylor Municipal Airport. City Manager’s Summary: The City staff and Bill French, the regional director of project development for SunVest Solar, LLC of Geneva, Illinois, have been discussing the Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda October 11, 2021 Page 2 of 9 possibility of solar farm development on the northwest side of the DeKalb Taylor Municipal Airport property since early August. The area in question is approximately 48 acres in size (see the attached map) and has been farmed for many years in lieu of any development proposal. On January 28, 2019, the Council unanimously approved planned development zoning and a preliminary development plan for a 36.34-acre solar farm (via Ordinance 2019- 002) on property controlled by Mr. French’s company on the north side of Gurler Road, about 500 feet east of the intersection with S. First Street. On January 27, 2020, the Council approved a resolution granting a one-year extension for the solar garden, and on February 22, 2021, the Council approved an amendment to the 2019 ordinance to remove the one-year time limit. Subsequent to the 2019 Council action, the Gurler parcel was entered in a lottery under the purview of the Illinois Power Agency’s Community Solar Garden program. The lottery provides an opportunity for solar electricity projects in Illinois to compete for renewable energy credits and uses a random number generator. In April 2019, only 112 of the 909 projects entered in the lottery were winners. Mr. French and his company were not successful in the lottery program for this site. However, the recently- enacted Climate and Equitable Jobs Act will provide funding for 250 megawatt Community Solar projects in 2022 and 150 megawatt Community Solar projects through 2030 in Illinois. The potential to raise significant annual rent income from the development of the northwest corner of the City’s Airport property has long been a topic of interest for the Airport Advisory Board. Aside from the solar option, the possibility of attracting the development of additional airplane hangars for regular Airport users has also been a development topic. However, the topic of new hangar development raises a “chicken and egg” problem: new hangars would be more appealing to would-be users if the Airport offered additional services; the Airport can’t offer additional services unless it builds its revenue base; and the Airport hasn’t delivered substantial new revenue beyond fuel sales and hangar rents for many years. Mr. French has proposed business terms for the development of the 48 Airport acres in question that will substantially build the Airport’s annual revenue base. The provisional terms are as follows:  SunVest will construct a 5 megawatt (MW) solar farm which converts solar energy into electrical energy and transmits the electrical energy so converted to the regional energy grid.  Construction and Placement. The solar panels will be installed on single-axis tracker racking systems supported on galvanized steel beams that are pile-driven 8-10 feet in the ground. The panels will be oriented east-west, with rows stretching from north to south. Access will be from a private drive from E. Pleasant Street. A seven-foot- high deer fence is proposed for the perimeter of the parcel. A 50-foot setback will separate the panels from the nearest property to the west, and a minimum setback of 50 feet will parallel E. Pleasant Street.  Regular Meeting Agenda October 11, 2021 Page 3 of 9  Due Diligence Costs. All due diligence costs including environmental assessments, drainage studies, and glare studies required by the Federal Aviation Administration will be borne by the developer.  Term. The developer/tenant would lease the property for a minimum of 25 years.  Rent. The City would lease the property at an initial rate of $1,800 per acre, with a 2% escalator each year. The escalated rent values over 25 years are presented in the attached table. In Year One, the rent will be $86,400. Over 25 years, it is estimated that the rental income will total about $2,767,000. The City and the Developer also discussed the possibility of energizing the City’s Airport buildings with solar-generated electricity. Unfortunately, the Airport’s dozen or so buildings are spread out and served by individual meters. The upfront capital investment for such a conversion could not be realistically amortized over the lease term. Additionally, the present modest franchise electrical rate paid by the City could probably not be matched by the operating rate of the proposed 5MW solar field. The City Manager recommends that the City pursue a development agreement with SunVest Solar, LLC. that can be brought back to the Council for review and action at a future meeting. (Click here for additional information) J. RESOLUTIONS 1. Resolution 2021-090 Authorizing an Architectural Improvement Program Economic Incentive for AccuLab of Illinois at 509 Oak Street in the Amount of $25,000 (Former Camelot Building). City Manager’s Summary: The City of DeKalb allocates a small portion of the TIF #3 Fund budget toward the Architectural Improvement Program (AIP). These allocations allow property owners whose properties fall within the TIF #3 district boundaries to apply for limited incentives based on a three-tiered list of reimbursable expenses. In FY2021, the AIP budget allocated $70,000 for qualified projects on a first come, first served basis. Mr. Chris Brundies is the owner of AccuLab, which has acquired the former Camelot training center (and, originally, the Farm Bureau building) at 310 N. Fifth Street and 509 Oak Street in DeKalb. The property has been vacant for a number of years, and Mr. Brundies is converting the space to accommodate his expanding business, which grinds optical lenses for world-wide distribution. Among the extensive tasks before Mr. Brundies are substantial new plumbing systems, electrical systems, mechanical upgrades, an enhanced fire protection system, and window/door replacements. The private rehabilitation is estimated to exceed $1.1 million. Although the AIP program grants are limited to $25,000, Mr. Brundies is grateful for the potential City support for his productive reinvestment. Plumbing repairs are eligible for a 50% reimbursement. Since both of the several plumbing contractor quotes submitted by Mr. Brundies exceed $50,000, he has officially applied for reimbursement of up to $25,000 for the plumbing work in his building. City Council approval is recommended. (Click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda October 11, 2021 Page 4 of 9 The following table shows completed or committed year-to-date AIP projects: Egyptian Theater $ 4,314 Hillside Restaurant $18,076 115 N. 1st Street $ 1,675 Hickeys Corner Store $ 1,185 201-203 E Locust Street $ 1,850 151 N 4th Street $25,000 AccuLab – 509 Oak Street (if approved) $25,000 Total $77,100 Approval of this resolution will commit the City in total to $77,100. The City Manager will bring back an FY2021 Budget amendment before the end of the fiscal year, which adjusts TIF #3 line items to absorb the $7,100 difference for this worthwhile project. 2. Resolution 2021-091 Authorizing an Auditing Services Agreement with Sikich, LLP for Auditing Services Related to Fiscal Years 2021-2024. City Manager’s Summary: The City’s contract for auditing services with Sikich has expired. Although very satisfied with the Sikich services, the City staff conducted a request for proposals to test the market in terms of price and quality. The focus was a four-year contract for auditing services related to fiscal years 2021 through 2024. Interested firms were invited to submit electronic proposals and four firms responded, as shown in the table below: Total Fee Firm FY2021 FY2022 FY2023 FY2024 Grand Total Lauterbach & Amen* $ 34,100 $ 34,926 $ 35,742 $ 36,558 $ 141,326 Sikich, LLP $ 58,470 $ 59,630 $ 60,280 $ 62,030 $ 240,410 PKR Mueller* $ 98,300 $ 100,600 $ 103,900 $ 107,300 $ 410,100 Wipfli, LLP* $ 64,275 $ 66,705 $ 68,685 $ 70,700 $ 270,365 *No Independent Pension Audit Reviews of the four proposals were conducted over the past two weeks. Only Sikich, LLP and Lauterbach & Amen submitted proposals that met the required specifications. Principals from both firms were interviewed. Lauterbach & Amen provides high quality services, but the firm presently carries the City’s Police and Fire Pension Fund business, which precludes them from completing an annual independent Pension Fund audit. This explains the significant difference in their pricing. Sikich, LLP has provided service to the City of DeKalb since 2016, when the firm succeeded Lauterbach and Amen. The City has received high quality services, expertise, and general guidance from the firm. In terms of pricing, Sikich, LLP included the independent Pension Audit with their price specifications at a discount. The cost of conducting an independent Pension Audit with  Regular Meeting Agenda October 11, 2021 Page 5 of 9 another third party because of Lautenbach’s limitations would add additional expense that is not contemplated in the table, above. Regarding the Sikich, LLP pricing, with the closing of TIF #1 at the end of 2021, the City of DeKalb will only require TIF assurance letters for TIF #3 in FY2023 and FY2024. Sikich, LLP is open to further discussion on the cost of the TIF Assurance Letters. The approval of this Resolution would commit the City to a contractual cost not to exceed the following:  The annual average cost of the contract from FY2021-2024 is $60,102.  The total cost of the contract from FY2021-2024 is $240,410.  The annual average cost of the previous Sikich, LLP contract (FY2016-2020) was $58,026. This 3.6% price increase is well within market trends. City Council approval of a contract with Sikich, LLP for Fiscal Years 2021-2024 is recommended. (Click here for additional information) 3. Resolution 2021-092 Authorizing the Award of a Contract to Elliot & Wood, Inc. in the Amount of $194,220.95 for Construction of a New Shared Use Path Along Dresser Road, with Staff Authority to Approve Change Orders Up to a Combined Project Total Not to Exceed $218,000. City Manager’s Summary: As City Engineer Zac Gill explains in the attached memorandum, this resolution authorizes an agreement with Elliott & Wood, Inc. in the amount of $194,220.95 for the excavation and construction related to a new “shared use” path along Dresser Road, extending from Annie Glidden Road to the existing pathway near Normal Road. Dresser Road serves as a primary connection to both the DeKalb High School campus and the County health services campus. With no accommodations, walkers or cyclists are forced to intermingle with the on-street traffic in an often dangerous fashion, particularly in winter when walking off the roadway is impossible due to deep, packed snow. This path fits with a broader land use plan that will increase recreational options as well. The path will be shaped and a stone base will be completed this fall to provide a safe, reliable walkway immediately. Final asphalt paving will be completed as part of a separate contract in 2022. The project, which is funded through an Illinois Department of Commerce grant passing through Fund 400, was taken to bid, and the bids were opened on October 4. Five bids were received: Company Name Base Bid Alternate 1 Alliance Contracting $286,912.40 $9,724.05 Martam Construction $225,270.50 $7,563.00 Maneval Construction $219,711.72 $5,259.20 Fischer Excavating, Inc. $198,469.50 $5,288.05 Elliot & Wood, Inc. $190,608.90 $3,612.05 Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda October 11, 2021 Page 6 of 9 Alternate 1 includes an offshoot through the existing Community Garden area to the existing path that courses north to the County campus. The City Engineer has recommended the award of the Base Bid and Alternate 1. The larger than normal contingency (12%) can cover minor field adjustments and any additional costs associated with the solicitation of Disadvantaged Business Entities (DBE) or subcontractors, typically a female or minority-owned business, from the northern Illinois region, as stipulated in the grant funds the City received. City Council approval of the Elliott & Wood base bid and Alternate 1 bid, plus the proposed contingency, is recommended. (Click here for additional information) 4. Resolution 2021-093 Authorizing the Purchase of Twelve (12) CDS Genetec License Plate Readers in the Amount of $145,865. City Manager’s Summary: Mayor Cohen Barnes, Police Chief David Byrd, Acting Northern Illinois University Police Chief Darren Mitchell, local social justice advocates, members of our local faith community, leaders in the AGN neighborhood, Greek fraternity members, and City and NIU officials met at the New Hope Missionary Baptist Church during the evening of September 8 to discuss how local law enforcement and our community might come together to address a lawless condition that drains local resources and creates anxiety and frustration for residents who dearly want to be treated justly and in a welcoming manner as they work and live in DeKalb. Specifically, the shared concern was about persons who come to town, often to escape arrest or accountability for mischief in other places and reside somewhat anonymously while preying on others. One technological option that was mentioned at that meeting to help the Police address this relatively small number of persons with disproportionately negative impacts on safety in our community is the use of license plate readers (LPR). These are sophisticated cameras specifically aimed to take photos of vehicle license plates as they travel on City streets. The cameras can be mounted on light poles and other infrastructure to take pictures of license plates as they pass and immediately check a database that can flag a stolen car or a suspect wanted in a significant crime. Such technology can also identify suspect vehicles leaving the scene of an in-progress call. The general response in the New Hope meeting of September 8 was to proceed with the trial implementation of such technology, keeping in mind the need to resist “profiling” or scanning of drivers who are simply traveling through City streets for lawful work or pleasure. The DeKalb Police Department has investigated a number of LPR vendors and met with three vendors to examine their products. As Commander Craig Woodruff explains in the attached background report, the three vendors were also asked to price the installation of 12 license plate readers at 5 prime intersections. The results are shown in the table below: Cost of Recurring Total Vendor First Year Annual Cost 5-Year Cost Flock Safety $33,000 $30,000 $153,000 Vigilant Solutions $41,110 $26,970 $148,990 CDS (Genetec) $29,173 $29,173 $145,865  Regular Meeting Agenda October 11, 2021 Page 7 of 9 CDS Genetec was the only vendor among those that were interviewed that would allow the Police Department to own the cameras at the end of the five-year contract. It is estimated that the cameras would have a work life of 7-8 years. With Genetec and the option of ownership, the yearly cost would drop to about $6,960. The DeKalb Police Department recommends the purchase of the CDS Genetec model. City Council approval of the Police Department’s recommendation is requested. (Click here for additional information) 5. Resolution 2021-094 Approving a Bar Liquor License for Tangled Roots Beverage Company, LLC, d/b/a Keg & Kernel, 106 E. Lincoln Highway. City Manager’s Summary: Tangled Roots has applied for a bar liquor license and supplemental permits – hospitality, catering, and live entertainment. Upon approval of the liquor license, the City will receive an initial issuance fee of $10,766 and $377 for each of the supplemental permits. The company hopes to open as soon as December 1, 2021, with the liquor production (brewery) portion of the business opening sometime in 2022. Thus far the business has paid $788 in non-refundable fees, which include the liquor license application fee, the Fire/Life Safety application fee, and $150 for three background investigations, not to mention fees for building permits, etc. Since the business would be required to pay the full $11,897 in initial fees upon approval by Council, but almost immediately be billed for a full 2022 renewal fee in January, it is requested that the 2022 liquor license renewal fee be waived along with the permit renewal fees. The business will not open until December (the license term for a bar liquor license begins January 1 and ends December 31). The total amount waived for the 2022 renewal would be $3,823. Council approval of the license and permits is recommended, as well as the waiver of the 2022 renewal fees, subject to the conditions described in the resolution. (Click here for additional information) K. ORDINANCES – SECOND READING 1. Ordinance 2021-040 Amending the Municipal Code by Adding a New Chapter 46 “Citizen Police Review Board”. City Manager’s Summary: At the regular City Council meeting of September 27, the Council postponed consideration of the proposed Ordinance 2021-040 on second reading to allow more time for the City to bargain with the Illinois Fraternal Order of Police Labor Council, which represents all full-time commissioned police officers of the City of DeKalb Police Department. On September 10, the FOP Labor Council had notified the City that it had filed a “Demand to Bargain” over the proposed creation of the Citizen Police Review Board with the Illinois Labor Relations Board. The first virtual bargaining session with the Labor Council occurred on Tuesday, September 21. Since the September 27 Council meeting, the field representative of the FOP Labor Council has not found time in his schedule to continue the collective bargaining process. The first opportunity offered by Field Representative Richard Stomper to renew the discussion between the City staff and the FOP bargaining team is Friday, Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda October 11, 2021 Page 8 of 9 October 15. The City Manager requests a further postponement of the Council’s consideration of Ordinance 2021-040 until the results of the City’s good faith bargaining are known on October 15. (Click here for additional information) L. ORDINANCES – FIRST READING 1. Ordinance 2021-041 Approving the “Official Ward Map” of the City of DeKalb Following the 2020 Federal Census. City Manager’s Summary: At the regular City Council meeting of September 13, the Council reviewed a revised Ward Map that reflected the impact of the 2020 U.S. Census count. 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. At the Council meeting of September 13, the City Manager proposed a map that, if adopted, 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 - The Council directed the City Manager on September 13 to prepare an ordinance adopting a new Ward Map with the population distribution shown above. The Map is attached to this Agenda. City Council approval is recommended. (Click here for additional information)  Regular Meeting Agenda October 11, 2021 Page 9 of 9 2. Ordinance 2021-042 Amending Chapter 23 “Unified Development Ordinance”, Article 3 “Definitions”, and Article 5 “Zoning District Regulations” Pertaining to Automobile Detailing, Car Washes, and Service Facilities. City Manager’s Summary: The City’s Unified Development Ordinance (UDO) has been largely silent on a “use” that is fairly widespread in commercial zoning districts: “auto detailing.” There is often a “wash” involved in such detailing, but the overall practice is not really “car washing.” So, recently, when a small business attempted to relocate to DeKalb to establish its “auto detailing”, it ran afoul of our code definitions. Planning Director Dan Olson has addressed the dilemma head-on by drafting some language that would make “auto detailing” a permitted use in a number of circumstances and zoning districts. The UDO amendments he has proposed would add “auto detailing” in the LC, GC and LI zoning districts as a permitted use and as a special use in the CBD District. In addition, the proposed amendments would add car washes as a permitted use in the LI district and modify the use “service facilities” in the LC district to allow minor vehicle services. The specific UDO text amendments are detailed in the attached background report. The Planning & Zoning Commission considered the Chapter 23 amendments at their regular meeting on Monday, October 4. By a vote of 6-0, the Commission voted to recommend the Council’s approval. City Council approval of the Planning & Zoning Commission recommendation is requested. (Click here for additional information) M. REPORTS AND COMMUNICATIONS 1. Council Member Reports. 2. City Manager Report. N. EXECUTIVE SESSION 1. Approval to Hold an Executive Session in Order to Discuss the Purchase or Lease of Real Property as Provided for in 5 ILCS 120/2(c)(5). O. ADJOURNMENT REGULAR AGENDA PACKET – OCTOBER 11, 2021 Assistive services, including hearing assistance devices, available upon request.