City Council

DEKALB CITY COUNCIL AGENDA REGULAR MEETING JANUARY 10, 2022 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. Pursuant to Governor Pritzker’s Executive Orders 21-22 and 21-32, all persons attending this meeting who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to wear protective face masks/coverings. A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE C. APPROVAL OF THE AGENDA D. PRESENTATIONS None. E. PUBLIC PARTICIPATION F. APPOINTMENTS 1. Appointment of the Transit Site Selection Committee:  Matt Duffy, Executive Director at DeKalb Chamber of Commerce;  Jennifer Groce, Director of Community Promotion at Northern Illinois University;  Steve Irving, Owner of Irving Construction;  Ellingsworth Webb, Property Manager for Eden’s Garden Apartments;  Tracy Smith, City of DeKalb Third Ward Alderman and Operations Manager at Voluntary Action Center of Northern Illinois;  Zac Gill, City of DeKalb Engineer, Co-Chair; and  Marcus Cox, City of DeKalb Transit Manager, Co-Chair. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 2 of 19 G. APPROVAL OF THE MINUTES 1. Minutes Submitted by the City Clerk – None. 2. Minutes Submitted by the Recording Secretary. a. Minutes of the Regular City Council Meeting of December 13, 2021. H. CONSENT AGENDA 1. Accounts Payable and Payroll through December 27, 2021, in the Amount of $7,441,329.52. 2. Accounts Payable and Payroll through January 10, 2022, in the Amount of $1,461,704.02. I. PUBLIC HEARINGS 1. Public Hearing on the City’s 2022 Annual Action Plan One Year Use of Funds Under the Community Development Block Grant (CDBG) Program. City Manager’s Summary: This public hearing invites public comment on the City’s 2022 Annual Action Plan which is consistent with the five-year CDBG Consolidated Plan that provides a unified vision for addressing housing and community development needs. Development of the plan is a collaborative activity between the City and our local community; it creates the opportunity for citizen participation in setting long-term CDBG Five-Year strategies and annual actions to meet priority needs. On February 10, 2020, the City Council approved the CDBG Five-Year Consolidated Plan for the period 2020-2024. The 2020 Annual Action Plan that was also approved at that time was amended twice during the 2020 program year to add additional CDBG-CV (coronavirus) funds that were granted to the City by the CARES Act to prevent, prepare for, and address needs that were a result of the coronavirus pandemic. In 2021, an additional $426,770 in CDBG funds was received to fund the second year of the Five- Year Consolidated Plan. For the new Program Year of April 1, 2022 – March 31, 2023, the City will receive an estimated $400,000 in CDBG Entitlement funds. The Department of Housing and Urban Development (HUD) allows grantees to approve an Annual Action Plan using an estimated grant amount because the actual allocation is not yet known. The attached Action Plan describes the proposed uses of the new funds based on the estimated grant amount and will be updated to reflect the actual grant amount when the allocation notice is received from HUD. The attached chart details the proposed uses of the new CDBG Entitlement funds plus all unspent carryover funds. It does not include the CDBG-CV funds which are tracked separately due to the restrictions on their use. Funds from prior years are already committed to projects and are not available for other uses with the exception of the funds that are being used for housing rehabilitation. These funds are unallocated and are being designated for this use in 2022.  Regular Meeting Agenda January 10, 2022 Page 3 of 19 J. CONSIDERATIONS None. K. RESOLUTIONS 1. Resolution 2022-001 Authorizing a Funding Agreement with the DeKalb County Economic Development Corporation (DCEDC) in the Amount of $35,000 for Economic Development Services from January 1, 2022, through December 31, 2022. City Manager’s Summary: The FY2022 City Budget that was approved on December 13, 2021, set aside $35,000 (Community Development: 100-40-41-63700) in support of the DeKalb County Economic Development Corporation. The City of DeKalb was a founding member of the DeKalb County Economic Development Corporation in the late 1980s and has significantly benefited from the agency’s business attraction and retention efforts ever since. DCEDC is the strategic planning arm of the DeKalb County government and continues to be a vital clearinghouse for business prospects and commercial brokers interested in development sites in our community and our planning area. The DeKalb city manager is automatically a member of the agency’s executive committee, and the DeKalb mayor is an ex-officio member of the board of directors. The corporation’s role as an initial point of contact for industrial and commercial prospects is very valuable, as in the case of the recent Ferrara, Facebook, and Amazon projects. The organization’s ongoing administration of the DeKalb County Enterprise Zone and its surveys of DeKalb County’s labor market and business activity are also very important. Long-range planning in concert with all county communities continues (the DeKalb County Thriving and Branding initiatives) and the City substantially benefits from the comprehensive data it generates. City Council approval is recommended. (click here for additional information) 2. Resolution 2022-002 Authorizing a FY2022 Tourism Agreement with the DeKalb County Convention and Visitors Bureau in the Amount of $35,000 for Tourism Activities from January 1, 2022, through December 31, 2022. City Manager’s Summary: The FY2022 City Budget that was approved on December 13, 2021, also set aside $35,000 (Community Development: 100-40-41-63700) in support of the DeKalb County Convention and Visitors Bureau. In the context of tough budget decisions early in 2019, the Council thought it was necessary to “right size” the city government, and felt it was appropriate to reduce the annual funding for the CVB from $50,000 to $40,000. The FY2020 City Budget further reduced the City allocation to $35,000 and the FY2021 Budget sustained this level of funding. It should be noted that each municipal dollar is matched by a dollar from the Illinois Office of Tourism to support such events as the biannual IHSA high school football championships and IESA state wrestling championships. These prime events have landed in DeKalb in alternate years since 2013. The CVB markets these and other events in DeKalb County through a variety of media, including the annual DeKalb Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 4 of 19 County CVB Guide. In 2022, the State of Illinois will request new bids from qualified communities such as DeKalb to host the annual state championships. The City of DeKalb is a key beneficiary of the CVB marketing, but at the same time contributes disproportionately as compared to the 14 municipalities in the county. In the period 2010 through 2021, the City of DeKalb contributed $535,000 to the CVB including the $35,000 in 2021. On an annual basis, the City’s $35,000 exceeds the contributions of DeKalb County ($15,000), the City of Sandwich ($5,500) and Sycamore ($5,000 funded by the Sycamore Chamber). City Council approval is recommended. (click here for additional information) 3. Resolution 2022-003 Authorizing a Funding Agreement with the DeKalb Chamber of Commerce in the Amount of $35,000 for the Purpose of Facilitating Community Events from January 1, 2022, through December 31, 2022. City Manager’s Summary: The City Manager is an ex-officio member of the Chamber Board of Directors. For over 20 years, the City government has supported Chamber events management. In 2000 the City of DeKalb allocated $15,000 to the Chamber for this purpose and to promote local tourism. This allocation became an annual grant and was accompanied by grants to the former Mainstreet DeKalb, and Renew DeKalb as shown in the following table: Chamber Renew Chamber Year Mainstreet DeKalb Tourism DeKalb Events Mgt. 2000 $15,000 2001 $20,000 2002 $20,000 2003 $20,000 $25,000 2004 $50,000 $25,000 2005 $50,000 $25,000 2006 $50,000 $50,000 2007 $50,000 $50,000 2008 $50,000 $50,000 2009 $50,000 $45,000 2010 $45,000 2011 $45,000* 2012 $45,000* 2013 $45,000 2014 $45,000 2015 $45,000 2016.5 $22,500 2017 $45,000 2018 $45,000 2019 $35,000 2020 $35,000 2021 $35,000 Total $375,000 $75,000 $330,000 $352,500 *Indicates TIF funding. In recent years, the annual grant in support of Chamber events has included the Farmer’s Market, Santa’s arrival, and other downtown events. City Council approval is recommended. (click here for additional information)  Regular Meeting Agenda January 10, 2022 Page 5 of 19 4. Resolution 2022-004 Authorizing Human Services Funding Agreements in the Amount of $200,000 with Local Social Service Agencies Beginning January 1, 2022, through December 31, 2022. City Manager’s Summary: As Community Services Coordinator Joanne Rousse writes in her background memorandum, the recently approved FY2022 City Budget contains $200,000 (Community Development Department budget: 100-40-41-62700) for Human Services Funding (HSF). Of that amount, $150,000 was reserved for continuing grantees, and $50,000 was earmarked for new and start-up agencies. Applications were provided to the social service agencies that received funding in FY2021 plus all of the agencies operating in the City’s “incubator” building at 217 S. Fourth Street. The application process was also open to additional agencies within the community. Ms. Rouse posted the application on the City’s website and issued a press release to all local media. Additionally, the information was posted on the City’s Facebook page. A total of 21 applications were received requesting funding. Fourteen applications were received from agencies funded in 2021. Seven new agencies also applied. In all, the requests totaled $307,149. The HSF program has a worthy history. Since the late 1990s, the City has awarded HSF grants as a means of supporting local non-profit agencies that provide essential social services for the most vulnerable individuals and families in the community. Grantees have traditionally been considered in order of priority: 1. Providers of services that help meet basic emergency needs, such as food, clothing and shelter; 2. Providers of services that are preventative in nature and promote the highest degree of self- support, self-care, and self-help; and 3. Providers of services that seek to enhance the quality of life of persons whose basic needs are already met, with priority given to services that primarily benefit low and moderate-income residents. Targeted populations include, but are not limited to, individuals and families who are homeless or at risk of homelessness, individuals who have substance abuse or mental health conditions, victims of domestic and/or sexual violence, abused and neglected children, older adults, individuals with disabilities, at-risk children and youth, and households with low- to moderate-income. In its first year (FY1998), HSF grants totaled $184,000. The greatest total amount distributed in HSF grants occurred in FY2008 and FY2009, when 13 recipients received a total of $211,900 in each of those years. Since that time, the total amount distributed has remained at or near $150,000. This year, an additional $50,000 was budgeted to help support new agencies taking root in the community. The City utilizes a review and ranking system to evaluate the requests for funding. A scoring rubric that employs a numeric scale and standards is used. Several factors are considered including, but not limited to, the following:  What targeted population will be served? Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 6 of 19  How many DeKalb residents will be served?  Does the agency have demonstrated experience providing services?  Are the proposed services a duplication of another agency’s services?  Does the agency leverage financial support from sources other than the City government?  If the applicant is a past grant recipient, does the agency have a history of timely and accurate submission of reports? The 2022 Applications for Funding were individually reviewed and scored by each member of the five-member review team. Each agency’s request was then discussed, considered, and decided upon by group consensus. The requested grant amounts were evaluated by the number of people to be served and the type of services being offered to ensure the most prudent investment of City funds. The chart below details the 14 agencies that currently receive funding, the amount of FY2021 HSF funding (if received), and staff recommendation for a FY2022 funding amount: FY2021 FY2022 Agency Program Description Funding Funding Recommended Provided Requested Funding Adventure Works of Adventure-based therapy for $10,000 $17,000 $10,000 DeKalb County, Inc. at-risk children/youth. Court Appointed Training for advocates for Special Advocates abused/neglected children in $5,000 $5,000 $5,000 (CASA) the justice system. Community Program support for social $19,000 $19,000 $19,000 Coordinated Child work and nursing services in Care (4-C) childcare settings. DeKalb County Fresh and healthy food $6,000 $5,500 $5,500 Community Gardens access for food insecure and low-income populations. DeKalb County Youth Youth and family counseling $25,000 $35,000 $25,000 Services Bureau along with substance abuse early intervention. Elder Care Services Support for the Vulnerable $10,000 $11,000 $10,000 Adults Program. Family Service Club 55 - Programs and $10,000 $12,500 $10,000 Agency of DeKalb activities for senior citizens. County Fox Valley Funding to operate an Adult $5,000 $5,000 $5,000 Community Services Day Care Center. Hope Haven Operations support for $8,000 $7,000 $7,000 emergency food and shelter for homeless individuals and families with children.  Regular Meeting Agenda January 10, 2022 Page 7 of 19 Kishwaukee YMCA – Summer camp for at-risk $11,000 $13,000 $12,000 Camp Power children at University Village. Nguzo Saba Summer basketball and $5,000 $6,000 $5,500 Men’s Club mentoring program. RAMP Employment services for $5,000 $5,500 $5,000 people with disabilities. Safe Passage Services for victims of domestic and sexual $11,000 $15,000 $11,000 violence. Voluntary Action Funding for nutrition services $20,000 $21,200 $20,000 Center for the elderly and people with disabilities through the Meals-On-Wheels Program. TOTAL $177,7000 $150,0000 The review committee also recommended funding for seven new applicants: four existing agencies that have not received City funding in the past plus three new start- up agencies. The Committee felt all applications had merit and a documented need for funding: FY2021 FY2022 Agency Program Funding Funding Recommended Description Provided Requested Funding Barb City Manor Rental subsidy New $5,000 $2,000 payments for low- Applicant income residents while waiting for approval of Housing Choice Voucher housing subsidies. Barb Food Mart Food pantry for New $23,050 $10,000 families with Applicant students in District 428 schools. B.L.A.C., Inc. TEENTALK New $30,000 $10,000 Program for at-risk Applicant students in DeKalb schools. Opportunity House Funding for New $13,500 $2,000 accessibility Applicant modifications to a group home located in the City Passion Pursuit, Program to optimize New $17,899 $10,000 Inc. personal growth and Applicant professional development of at- risk populations. St. Vincent de Paul Funding for the New $10,000 $6,000 Neighbors in Need Applicant Program. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 8 of 19 Sir Donald Outpatient clinical New $30,000 $10,000 Foundation services for individuals Applicant re-entering the community to meet parole requirements. TOTAL $129,499 $50,000 City Council approval of the attached agency agreements is recommended. (click here for additional information) 5. Resolution 2022-005 Approving the Community Development Block Grant 2022 Annual Action Plan (One Year Use of Funds) for Program Year 29 (April 1, 2022 – March 31, 2023). City Manager’s Summary: As noted in the Public Hearing portion of this Agenda, the five-year Community Development Block Grant (CDBG) Consolidated Plan provides a unified vision for developing actions designed to address housing and community development needs. Development of the plan is a collaborative activity between the City and the local community that creates the opportunity for citizen participation in setting long-term CDBG Five-Year strategies and short-term actions to meet priority needs. On February 10, 2020, the City Council approved the CDBG Five-Year Consolidated Plan 2020-2024 / 2020 Annual Action Plan. The 2020 Annual Action Plan was amended twice during the program year to add additional CDBG-CV funds in that were granted to the City by the CARES Act to prevent, prepare for, and address needs that are a result of the coronavirus pandemic. In 2021, an additional $426,770 in CDBG funds was received to fund the second year of the Five-Year Consolidated Plan. For the new Program Year of April 1, 2022 – March 31, 2023, the City will receive an estimated $400,000 in CDBG Entitlement funds. HUD allows grantees to issue an Annual Action Plan using an estimated grant amount because the actual allocation is not known at the time the plan is created. The attached Annual Action Plan describes the proposed uses of the new funds based on the estimated grant amount and will be updated to reflect the actual grant amount when the allocation notice is received. The proposed 2022 CDBG program year which extends from April 1, 2022, through March 31, 2023, will focus on four activities to support the goals of the City’s CDBG Consolidated Plan. These programs are summarized below:  Owner Occupied Housing Rehabilitation: Provides grants and/or loans to very low/low-income homeowners to make exterior and interior repairs. This includes funding for administrative expenses specifically related to the program.  Public Services: HUD allows for a maximum of 15% of the annual grant allocation to fund “public services.” A Request for Proposal process was completed to determine the agencies to be funded and the proposed funding levels. Specific agencies and identified projects will be brought to City Council for consideration and approval of the 2022 contracts for services following HUD approval of the 2022 Action Plan.  Public Facilities/Improvements: Funding for public infrastructure improvements in low/moderate income areas of DeKalb and/or improvements to public facilities that serve low/moderate income residents of the City.  Regular Meeting Agenda January 10, 2022 Page 9 of 19  Administration: HUD caps this amount at 20% of the total grant amount. These funds are used to support the planning, management, monitoring, and oversight of all CDBG programs and projects. Work will also continue on the projects identified and funded in prior Program Years. The 2022 Annual Action Plan includes a program of projects and a corresponding budget for the coming year that is based on the five-year objectives as identified in the Consolidated Plan. The draft of the Annual Action Plan for 2022 was posted on the City’s website and print copies were made available at the DeKalb Public Library, and at DeKalb City Hall in the main lobby and Community Development Department for a 30-day comment period. Notice of the availability of the Plan and a request for comments was posted on the City’s social media platforms. A press release was sent to the local media to be published on December 10, 2021, to advise the public the document was available for review and public comment. The public was notified of the Public Hearing in the form of a Public Notice published on December 10, 2021. The Public Hearing appears at the top of this Council agenda. City Council approval is recommended. (click here for additional information) 6. Resolution 2022-006 Authorizing an Intergovernmental Agreement with DeKalb Township Road District Pertaining to Snow Removal through March 31, 2023. City Manager’s Summary: The attached agreement sets out the reciprocal responsibilities of the DeKalb Township Road District and the City of DeKalb with respect to the plowing and de-icing of various roadways upon which their jurisdictional authorities abut or overlap. Specifically, the proposed division of labor is as follows: Shared Responsibility for Snow Removal and Deicing i. Fairview Road from Illinois Route 23 west to Annie Glidden Road; ii. Peace Road from Fairview Road south to Gurler Road; iii. Gurler Road from South First Street east to the City/Township line. DeKalb Township Road District Responsibility for Snow Removal and Deicing i. Twombly Road from Annie Glidden Road to Rosenow Way; ii. Sidewalks on Twombly and west side of Annie Glidden Road to first entrance; iii. Fairview Drive west of Annie Glidden Road approximately 300 feet; iv. John Huber Parkway from Illinois Route 38 north approximately 700 feet. City of DeKalb Responsibility for Snow Removal and Deicing i. Health Services Drive; ii. Manor Drive; iii. Kishwaukee Lane; iv. DeKalb Township’s portion of Greenwood Acres Drive; City Council approval is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 10 of 19 7. Resolution 2022-007 Approving the Transportation Improvement Program (TIPs) for Federal Fiscal Years 2023-2027 at the DeKalb Taylor Municipal Airport. City Manager’s Summary: Since the 1990s, the City’s major capital improvements at the DeKalb Taylor Municipal Airport primarily have been financed by Federal Aviation Administration (FAA) funds funneled through the State of Illinois Department of Transportation (IDOT), Division of Aeronautics. For major projects, such as the original construction of the northeast/southwest runway (Runway 2-20) and associated taxiways, the federal government has paid 90% of the cost, with the State of Illinois and the City each paying 5% of the overall project costs. For smaller capital projects such as those identified below, IDOT pays 90% and the City has a 10% local share. FAA and IDOT rules require long-range planning to align with longer term federal financing cycles. The City of DeKalb and the consulting engineering firm of Crawford, Murphy & Tilly have collaborated on an updated four-year “Transportation Improvement Plan 2023-2027” that is attached for the Council’s review and approval. The plan has been vetted by IDOT and is ready for Council action. The City’s Airport Advisory Board has reviewed the new TIP and has recommended Council approval. Upon Council approval, the following list of 2023-2027 TIP projects will be formally submitted to the FAA and IDOT-DOA:  FY2021 - Funded – Rehabilitate Taxiway C. Based on extensive pavement evaluation, IDOT determined that the taxiway cracking and environmental distresses currently exhibited by the taxiway pavement are beyond normal maintenance and should be rehabilitated. This project will be started in 2022 and will be funded 100% by Federal funds.  FY2022 – Funded - Remove and Replace a Portion of the Aircraft Parking Apron. The Apron pavement has a PCI value of 64 in accordance with the inspection conducted in 2020. The pavement is showing distress related to alligator cracking, longitudinal cracking, transverse cracking and generally weathering impacts normal for a pavement of this age. Additionally, the apron is experiencing increased charter aircraft usage due to the proximity of Northern Illinois University and its associated sporting events. This project will be funded as follows: 90% Federal, 5% State, and 5% Local.  FY2022 – Funded - Acquire Runway Broom. In order to efficiently and safely remove snow from airfield pavements, a new snow broom will be added to the current fleet of snow removal equipment. The current broom is inadequate due to its age and does not perform reliably. This piece of equipment speeds the airport’s snow removal operations significantly. The expenditure has been awarded though the FY2021 Rebuild Illinois Airport Improvement Program and will be funded as follows: 90% State, and 10% Local.  FY2022 – Funded - Rehabilitate T-Hangar Pavements. The T-hangar pavements have PCI values of 34 to 56 in accordance with the inspection conducted in 2020. The pavement is showing substantial distress related to alligator cracking, longitudinal cracking, transverse cracking and generally weathering impacts normal for a pavement of this age. This project has been awarded though the FY2021 Rebuild Illinois Airport Improvement Program and will be funded as follows: 90% State, and 10% Local.  Regular Meeting Agenda January 10, 2022 Page 11 of 19 Looking forward, the City’s local share for the Aircraft parking apron, runway broom, and T-Hangar pavement replacement will no longer have a TIF funding base, and will compete with other street, building, and storm sewer expenditures annually financed by the Capital Projects Fund (Fund 400). City Council approval of the 2023-2027 Airport TIP is recommended. (click here for additional information) 8. Resolution 2022-008 Authorizing an Intergovernmental Agreement with the Illinois Department of Transportation – Division of Aeronautics for Construction Services for the Milling and Overlay of Taxiway C (Project DKB-4875) at the DeKalb Taylor Municipal Airport. City Manager’s Summary: As described in the preceding Agenda item, the Public Works department is working with IDOT’s Division of Aeronautics to proceed with the asphalt overlay of Taxiway C at the DeKalb Airport in 2022. The attached agreement would authorize the Mayor to sign the required Intergovernmental Agreement with the Illinois Department of Transportation--Aeronautics for construction services for Federal Project DKB-4875 Mill and Overlay Taxiway C project which is identified in the City’s TIP. The total cost of the project is estimated to be $1,417,233.00, based on the accepted bid. Federally funded Transportation Improvement Projects (TIP) typically require 5% matches from the City and State to leverage the Federal Aviation Administration’s (FAA) 90% match; however, the entire project will be federally funded through the Federal American Rescue Plan Act (ARPA) Act. City Council approval is recommended. (click here for additional information) 9. Resolution 2022-009 Authorizing an Architectural Improvement Program Economic Incentive for KJ’s Bar & Grill, 518 E. Lincoln Highway, in the Amount of $2,415. City Manager’s Summary: The City’s TIF #3 budget (262-00-00-69199) continues the longstanding “Architectural Improvement Program” (AIP) which assists building owners making quality investments in commercial buildings within the geographical boundaries of TIF #3. The program provides a percentage match on a reimbursement basis according to three tiers: a 50% reimbursement rate is assigned to eligible major capital improvements; a 25% reimbursement rate is assigned to eligible minor capital improvements; and a 10% reimbursement rate is assigned to defray the costs of deferred maintenance. Subject to Council approval, the City of DeKalb may provide up to $25,000 per project. All payments to contractors, suppliers, architects etc. must be paid in full by the Applicant and final waivers of lien must be submitted to the City of DeKalb before reimbursement can be provided. The three tiers are detailed as follows: Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 12 of 19 Major Capital Improvements – 50% Reimbursement: ADA Compliance Façade Renovations Life Safety Equipment Electrical, Mechanical, and Architectural Design Fees Restoration of Historic Plumbing Upgrades Architectural Features Fire Alarm and Suppression Tuckpointing Systems Minor Capital Improvements – 25% Reimbursement: Exterior Lighting Exterior Painting Window & Door Replacement Screening of Unsightly Utilities Deferred Maintenance – 10% Reimbursement: Roof Repair or Replacement Gutter Replacement Stair and Handrail Replacement Floor Surface Repair Water Damage Repair According to the terms of the AIP program, the City “forgives” 20% of the value of the matching funds each year for five years. The first applicant in FY2022 is Jim Drury, who has been the proprietor and owner of KJ’s Bar & Grill at 518 E. Lincoln Highway for 22 years. Mr. Drury’s property falls within the TIF #3 boundary and in December 2021 the building required emergency roofing repairs. Prior to proceeding with the repairs, Mr. Drury sought proposals. The lowest of two proposals he received was submitted by Olsson Roofing of Rockford in the amount of $24,150. Mr. Drury contacted the City seeking some assistance and was informed that the City’s AIP program could possibly provide a 10% forgivable loan, subject to Council approval. Mr. Drury contracted with Olsson Roofing which has completed the emergency repairs at the bid price of $24,150. He has submitted the necessary application and contractor paperwork. Roof repairs are considered “deferred maintenance” and can be reimbursed at 10% of the overall project cost. City Council approval of an AIP forgivable loan in the amount of $2,415 is recommended. (click here for additional information) 10. Resolution 2022-010 Authorizing an Architectural Improvement Program Economic Incentive for Stagecoach Players, 126 S. Fifth Street, in the Amount of $9,500. City Manager’s Summary: Just before the December holiday break, the City was also approached by Susan Johnson on behalf of Stagecoach Players which owns the property at 126 S. Fifth Street. Stagecoach Players has requested AIP assistance in the amount of $9,500 to help defray a portion of the cost of an emergency furnace replacement to keep the facility open during its holiday performances. Stagecoach Players received two quotes for the furnace replacement project. The lowest of two proposals was submitted by DeKalb Mechanical in the amount of $19,000.00. Furnace  Regular Meeting Agenda January 10, 2022 Page 13 of 19 and other HVAC repairs can be reimbursed at 50% of the project cost if approved by the City Council. City Council approval of an AIP forgivable loan in the amount of $9,500 is recommended. (click here for additional information) 11. Resolution 2022-011 Authorizing the Purchase of Two 2022 Rosenbauer Fire Engines Through Rosenbauer America in an Amount Not to Exceed $1,415,740. City Manager’s Summary: The approved FY2022 City Budget allocates funding for two replacement fire engines. The replacement of Engine 3 (a 2007 Alexis) was planned in FY2020 (to be paid through a transfer from the General Fund reserve) but the onset of the COVID pandemic led to the deferral of that purchase. A second pumper purchase was planned for FY2022 to replace Engine 2 (a 2006 Alexis). Engine 3 is fifteen years old with 119,512 hard miles and 11,775 hours of operation. Engine 2 is 16 years old with 90,183 miles and 9,221 hours of operation. Both engines are regularly under repair. The standard life span of front-line engines is 12-15 years. The National Fire Protection Administration recommends the replacement of front-line municipal engines at 10 years. The plan is to keep Engine 2 in reserve to replace the 2001 Pierce that is presently in reserve. The funding for the two purchases in FY2022 is from the following sources:  An $800,000 transfer from the General Fund reserve to Fund 420 (the Capital Equipment Replacement Fund).  A $750,000 contribution from the GEMT Fund (Fund 130) which is the new repository for the supplemental funding from the federal Ground Emergency Medical Transportation program. The GEMT program provides gap funding between what the City might receive in Medicaid funds for ambulance transports, and the actual cost of the ambulance service. DeKalb’s actual cost of providing ambulance service to Northwestern Hospital last year was just under $2,000 per trip; the actual reimbursement was only $211 without the GEMT assistance.  Total Budgeted: $1,550,000. Acting Fire Chief Mike Thomas has been researching a variety of engines with his department staff and has also been watching the market for opportunities that may arise as a result of regional production and Covid-related supply-side anomalies. Engines are not turned out like personal vehicles; they are typically produced over many months either according to specific community specifications, or “on spec” with stock designs that can meet sweet spots in a range of community fleets. In the continuing recovery from the pandemic, some manufacturers are willing to make attractive deals either to clear inventory resulting from “missed bets,” or to build sales volume. Macqueen and E-One are manufacturers that make comparable engines which would suit the City’s specifications. These firms were also consulted but could not deliver within the City’s 2022 timeframe. If approved, delivery of the Rosenbauer replacement for Engine 3 would be in July, 2022. Delivery for the Rosenbauer replacement for Engine 2 would be in November 2022. Full payment would not be due until delivery. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 14 of 19 To achieve some savings, Acting Chief Thomas and the Department staff recommend outfitting the first engine with the appropriate ladders, hose, etc. but cannibalizing the serviceable accessories from both existing engines to outfit the second engine that would be received in the fall of 2022. The breakdown of the costs for the two engines is as follows:  $1,265,740 for the chassis and box of both engines;  Up to $150,000 for the additional hardware for the first new engine.  Total: $1,415,740. It is currently a seller’s market for fire engines, and engines are literally being snagged as they come off the production line. Additionally, price increases are expected as any existing inventories are cleared. The City Manager recommends Council approval of the attached resolution to commit to the purchase of both fire engines. (click here for additional information) L. ORDINANCES – SECOND READING None. M. ORDINANCES – FIRST READING 1. Ordinance 2022-001 Amending the Chapter 10 “Landlord-Tenant Regulations”. City Manager’s Summary: Since the summer of 2020, the DeKalb Human Relations Commission (HRC) has conducted a review of the City’s landlord-tenant regulations. The City’s code provisions covering landlord-tenant relationships in the City of DeKalb had last been revised in July 2019 (Ordinance 2019-047) to bring the ordinance text up-to-date in terms of recent state statutory revisions. In its deliberations over the past year, the HRC has focused upon Chapter 10 revisions that make the code chapter more readable to all parties. In this process, the HRC has been joined by representatives of the DeKalb Area Rental Association (DARA), including Will Heinisch, Glenn Roby (president), and Mike Pittsley. The HRC meets monthly, and an update on the progress of these deliberations was included in every agenda in late 2020 and throughout 2021. At the December 7 meeting of the HRC, the Commission voted unanimously to forward its final revisions to the City Council for review and approval, with the support of the DARA representatives. The proposed changes are highlighted in yellow in the attached draft to make them more obvious to the reader. Among the revisions are the following:  All rental agreements must be in writing.  A landlord is obligated to make sure a tenant gets a copy of an executed lease no later than one week after the agreement is reached. A fifty dollar per week fine is instituted every week that the copy is not remitted to the tenant.  Every landlord must make the City’s “Landlord-Tenant Handbook” available to every tenant at no cost to the tenant.  Regular Meeting Agenda January 10, 2022 Page 15 of 19  Every lease must include the City’s “crime-free lease” provision which allows the landlord to initiate eviction proceedings in the event of violent or drug-related criminal activity. The crime-free provisions also allow the landlord to ban guests who engage in criminal conduct on the premises.  The landlord must disclose emergency email and telephone numbers for himself/herself and any responsible manager at the commencement of the tenancy.  Before a tenant enters or renews a rental agreement, the landlord must disclose in writing any unresolved code violations that have been cited by the City’s Building and Code Enforcement Department.  Landlords and tenants must comply with the Residential Tenant’s Right to Repair Act (765 ILCS 742) which permits tenants to make emergency repairs where a “defective condition threatens the life and safety of the tenant,” provided the tenant makes reasonably diligent attempts to notify the landlord. Such attempts shall be documented and shall include either in-person visits to the management office, or telephone calls, or electronic communication.  Tenants shall be afforded the rights provided in the “Security Deposit Return Act” (765 ILCS 710) for a final walk-through or “end of lease inspection” with the landlord or agent to assure fair consideration concerning the return of a damage deposit.  Except in an emergency, or as a result of a court order, or as part of an agreed inspection, the landlord shall not gain access to a tenant’s unit without providing a twelve-hour notice. Within these parameters, such access shall be limited to the period 8:00 a.m. to 8:00 p.m. City Council approval of the HRC draft is recommended. (click here for additional information) 2. Ordinance 2022-002 Amending Chapter 23 “Unified Development Ordinance”, Article 5 “Zoning District Regulations”, and Article 7 “Supplemental District Regulations”, Pertaining to Self-Service Storage Facilities with Exterior Unit Access. City Manager’s Summary: As Director of Planning Dan Olson writes in the attached memorandum, the attached ordinance offers text amendments to the UDO to add “self- service storage facility, exterior unit access” as a special use in the “LC” Light Commercial District and “GC” General Commercial District and changes “self-service storage facility, exterior unit access” from a special use to a permitted use in the “LI” Light Industrial District and the “HI” Heavy Industrial District. A proposed self-service storage facility with exterior unit access would like to locate on a vacant lot at 118 Clive Drive, which is zoned “GC” General Commercial District. Currently in the “GC” District, a self-service storage facility with exterior unit access is not a permitted or special use. The applicant for the site at 118 Clive Drive applied for a special use permit and a hearing was held on December 20, 2021, in front of the Planning and Zoning Commission along with the text amendment hearing. The approval of the special use permit by the City Council cannot occur unless the proposed text amendments are passed first. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 16 of 19 In 2018 the City amended the UDO for several general purposes:  To add indoor self-service storage facilities as a special use in the “LC” Light Commercial and “GC” General Commercial Districts.  To allow indoor self-service storage facilities as a permitted use in the “LI” Light Industrial and “HI” Heavy Industrial Districts and outdoor self-service storage facilities as a special use in those districts. The amendments approved in 2018 also included standards to make sure indoor and outdoor self-service storage facilities reviewed under a special use permit are located in appropriate areas; protect prime, existing retail space; and are compatible with the surrounding neighborhood. The proposed amendments to the Unified Development Ordinance (UDO) are as follows:  Amend Article 5.07.03 to add “self-service storage facility, exterior unit access” as a special use in the “LC” Light Commercial District.  Amend Article 5.08.03 to add “self-service storage facility, exterior unit access” as a special use in the “GC” General Commercial District  The special use procedure allows the City to review the specific site and to add conditions, if warranted. Self-service storage facilities with interior unit access are currently a special use in the “GC” District.  Amend Articles 5.11.02 and 5.11.03 by changing “self-service storage facility, exterior unit access” from a special use to a permitted use in the “LI” Light Industrial District.  Self-service storage facilities with exterior unit access are more similar to the permitted uses in the “LI” District than the special uses. The special uses in the “LI” District have more hazardous characteristics and include such uses as junkyards, recycling centers and sanitary landfills. Self-service storage facilities with interior unit access are currently a permitted use in the “LI” District.  Amend Articles 5.12.02 and 5.12.03 by changing “self-service storage facility, exterior unit access” from a special use to a permitted use in the “HI” Heavy Industrial District.  Self-service storage facilities with exterior unit access are more similar to the permitted uses in the “HI” District than the special uses. Like the “LI” District, the special uses in the “HI” District have larger potential impacts and hazardous characteristics and include such uses as junkyards, recycling centers, sanitary landfills and animal slaughtering facilities. Self-service storage facilities with interior unit access are currently a permitted use in the “LI” District. The Planning and Zoning Commission considered the proposed text amendments at their regular meeting of December 20, 2021, and recommended the Council’s approval by a vote of 5-0.  Regular Meeting Agenda January 10, 2022 Page 17 of 19 City Council approval of the Planning & Zoning Commission recommendation is requested. (click here for additional information) 3. Ordinance 2022-003 Approving a Special Use Permit for a Self-Service Storage Facility with Exterior Unit Access to be Located at 118 Clive Drive (Haywell, LLC). City Manager’s Summary: The petitioner, Haywell, LLC represented by Tim Hayden, is requesting approval of a special use permit for a “self-service storage facility, exterior unit access” at 118 Clive Dr. on Lot 1 of the Elliott Business Park Subdivision. The subject lot is located at the northeast corner of E. Lincoln Highway and Clive Drive. The proposed facility will have 169 total storage units of varying sizes. Consumer self-storage has been on the rise in DeKalb County and the inquiries to the City about self-storage facilities have increased over the past year. The City recently approved a special use permit for a 189-unit self-service storage facility, interior unit access (climate controlled) at 1700 Sycamore Road. Mr. Hayden operates a 132-unit self-storage facility in Sycamore on Dosen Drive, just to the west of Peace Road, and also operates self-storage facilities in Rochelle, Bryon, Kirkland and Davis Junction. Mr. Hayden’s supporting materials mention a particular demand for smaller sized units of 150 sq. ft. and below. Each unit in the proposed facility would have its own lockable metal roll-up door, and sizes would vary from approximately 50 sq. ft. (5’x 10’) to 300 sq. ft. (10’ x 30’). The business would not be staffed by an employee but there would be secured electronic access for all renters, with security cameras located throughout the grounds. No goods would be offered for retail sale and the storage of hazardous materials would be strictly prohibited. The plans propose buildings with pitched roofs and masonry materials for the elevations facing E. Lincoln Highway. The applicant plans to lock the entrance gate from 10:00 p.m. to 6:00 p.m., although this would not be required by the City’s codes. Finally, no outside storage would be permitted. The final plat for the Elliott Business Park Subdivision was approved in 2009 and the subject lot has been vacant for 12 years. The rear lot in the subdivision which abuts the Union Pacific right-of-way (Lot 3) is zoned ‘HI” Heavy Industrial District and Lots 1 and 2 are zoned “GC” General Commercial District. The final plat for the Elliott Business Park Subdivision established a 40-foot building setback along Clive Drive and a 50-foot building setback along E. Lincoln Highway and for the north and east property lines. The proposed self-storage buildings would meet the setback requirements established on the plat. Access will be provided off Clive Drive, which will have a security gate. There will be no water or sanitary service to the site. Stormwater will be provided in a detention basin on the east side of the lot and will discharge into the system along E. Lincoln Highway, which is under the jurisdiction of IDOT. The City Engineer has received an approval from IDOT for the discharge, but IDOT is still reviewing the location of the proposed landscaped berm in relation to the IDOT ROW. A condition addressing this uncertainty is part of the Ordinance approving the special use. No parking spaces are provided on the site. There is a small office proposed at the northwest corner of Building A that will only be used when potential renters are visiting the site. Any employee going onto the property will park adjacent to the office and Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda January 10, 2022 Page 18 of 19 customers will be parking in front of their storage units. The plans show a six (6) foot high ornamental fence along Clive Drive which will be reduced to four (4) feet to meet the UDO requirements. The pavement layout allows the City’s first responders to navigate in the event of an emergency. A landscape plan was provided and meets the minimum standards in the UDO. There are (11) 4” diameter trees that will be removed along E. Lincoln Highway and replaced with a combination of shade trees, evergreen trees and shrubs on top of a berm. There will be no landscaping on the east side of the site due to the placement of the detention basin and the existing vegetation to the east of the site. The quantity and species defined in the UDO have been met, and the proposed greenery will be distributed throughout the site to better screen the facility. The Planning and Zoning Commission held a public hearing regarding Mr. Hayden’s petition at their regular meeting on December 20, 2021. By a vote of 5 to 0 (Commissioners Wright and Maxwell were absent), the Commission recommended Council approval of a special use permit for a “self-service storage facility, exterior unit access” to be located on the subject property at 118 Clive Drive per the attached plans. City Council approval of the Planning & Zoning Commission recommendation is requested. (click here for additional information) 4. Ordinance 2022-004 Authorizing a Zoning Map Amendment from the “LC” Light Commercial District to the “SFR2” Single Family Residential District for 1421 E. Lincoln Highway. City Manager’s Summary: The attached ordinance is intended to resolve a conflict between marketplace rules and City zoning codes. The single-family property in question has an underlying zoning of “LC,” Light Commercial. The property was purchased by the current owner in 2015 and has been used as a single-family home since that time. The applicant notes that the property owner was not aware of the “LC” zoning when the home was purchased. The present owner put the property up for sale on October 4, 2021, and entered into a contract with an interested buyer on October 9. However, the buyer’s lender insists that the zoning of the property match the existing use of the property, since the City’s zoning codes require that if a building is more than 50% destroyed by fire or other disaster, the use must resort to allowable uses in that zoning district. Although legal but non-conforming in its present condition, if the home needed to be re-built it would become illegal, non-conforming and would not meet current financial underwriting standards. Detached single-family homes are not allowable uses in “LC” zoning districts. To resolve this conflict, the property can be rezoned, provided the new zoning is compatible with adjacent uses or the overall “flavor” of the neighborhood. In order to complete the sale with a mortgage, the applicant has applied to rezone the property to “SFR2”. There are several other homes along the north side of E. Lincoln Highway between Dodge Avenue and Home Drive that are zoned “LC.” The “LC” zoning classification in this area has been in place for several decades; however commercial development  Regular Meeting Agenda January 10, 2022 Page 19 of 19 has not followed. Additionally, the lot in question is only 4,972 sq. ft. in area and is not conducive to “LC” zoning and its parking requirements, storm water management requirements, landscaping requirements, etc. The DeKalb Planning & Zoning Commission reviewed this dilemma and the petitioner’s case at its last regular meeting of January 3. By a vote of 4-0, 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) N. REPORTS AND COMMUNICATIONS 1. Council Member Reports. 2. City Manager Report. O. EXECUTIVE SESSION None. P. ADJOURNMENT REGULAR AGENDA PACKET – JANUARY 10, 2022 Assistive services, including hearing assistance devices, available upon request.