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City Council

Regular Meeting

DeKalb, IL · November 13, 2023

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Minutes

MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2023 The City Council of DeKalb, Illinois, held a Regular meeting on November 13, 2023, in the Yusunas Meeting Room of the DeKalb Public Library, 309 Oak Street, DeKalb, Illinois. A. CALL TO ORDER AND ROLL CALL Mayor Barnes called the meeting to order at 6:00 p.m. Recording Secretary Ruth Scott called the roll, and the following members of the City Council were present: Alderman Carolyn Zasada, Alderman Barb Larson, Alderman Tracy Smith, Alderman Greg Perkins, Alderman Scott McAdams, Alderman Mike Verbic, Alderman John Walker, and Mayor Cohen Barnes. Others in attendance included City Manager Bill Nicklas, City Attorney Matt Rose, Director of Utilities, Transportation and Engineering Bryan Faivre, and Police Chief David Byrd. Sasha Cohen was absent. B. PLEDGE OF ALLEGIANCE Shadow Gentry led the Pledge of Allegiance. Mayor Barnes recognized Mr. Gentry’s 30 years of service at Opportunity House. C. APPROVAL OF THE AGENDA MOTION: Alderman Verbic moved to approve the agenda; seconded by Alderman Walker. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. D. PRESENTATIONS There were none. E. PUBLIC PARTICIPATION There was none. F. APPOINTMENTS Mayor Barnes read the following for the record: 1. Appointing DeKalb County Economic Development Corporation (DCEDC) Executive Director Mark Williams to the Airport Advisory Board as per Chapter 45, “Airport Advisory Board,” of the City of DeKalb Municipal Code. MOTION: Alderman Larson moved to approve the appointment; seconded by Alderman McAdams. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. City Council Regular Meeting Minutes November 13, 2023 Page 2 of 7 Mayor recognized Mark Williams, who then provided a brief review of his work history prior to accepting the Executive Director role at DCEDC. G. CONSENT AGENDA Mayor Barnes read the following Consent Agenda items by title only: 1. Minutes of the Joint Review Board Meeting of October 27, 2023. 2. Minutes of the Regular City Council Meeting of October 23, 2023. 3. Accounts Payable and Payroll through November 13, 2023, in the Amount of $3,086,155.63. 4. Investment and Bank Balance Summary through September 2023. 5. Year-to-Date Revenues and Expenditures through September 2023. 6. Crime Free Housing Bureau Report – October 2023. MOTION: Alderman Perkins moved to approve the items listed on the Consent Agenda; seconded by Alderman McAdams. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. H. PUBLIC HEARINGS Mayor Barnes opened the Public Hearing at 6:03 p.m. and read the following by title only: 1. Truth in Taxation Hearing: FY2023 Annual Property Tax Levy. No one from the public spoke to this item. Mayor Barnes closed the Public Hearing at 6:04 p.m. I. CONSIDERATIONS There were none. J. RESOLUTIONS 1. Resolution 2023-104 Approving a Collective Bargaining Agreement with the DeKalb Fraternal Order of Police, Lodge #115, Illinois Fraternal Order of Police Labor Council for the Period from January 1, 2024, through December 31, 2026. Mayor Barnes read the resolution by title only. MOTION: Alderman Smith moved to approve the resolution; seconded by Alderman McAdams. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. City Council Regular Meeting Minutes November 13, 2023 Page 3 of 7 Alderman Walker asked where the City of DeKalb ranks in Illinois as it pertains to the rate of pay its Police Officers receive. City Manager Nicklas replied that DeKalb ranks second among comparable cities, which includes Geneva, St. Charles, and Batavia. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. 2. Resolution 2023-105 Authorizing the Waiver of Competitive Bidding and the Approval of an Agreement with Layne Christensen Company for Maintenance Inspection and Repair to Well No. 7 in an Amount Not to Exceed $78,380. Mayor Barnes read the resolution by title only. MOTION: Alderman Larson moved to approve the resolution; seconded by Alderman Walker. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. There was brief discussion between Alderman Perkins and City Manager Nicklas about when the proposed inspection and repair would begin. It was determined that both would begin within the next week or so. It was also determined that the work was originally scheduled for 2024, however, due to current issues with the well, the work is being requested now. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. 3. Resolution 2023-106 Approving a Bar Liquor License with Supplemental Licensure for Video Gaming for Spahiu Gaming, LLC, d/b/a Chips, 122 E. Hillcrest Drive. Mayor Barnes read the resolution by title only. MOTION: City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. Alderman Walker expressed his concern regarding ongoing police presence in the parking lot of the shopping center where Chips is located and asked the potential new owner, Peter Flevaris, what he will do to ensure that will cease. Mr. Flevaris stated he owns two other gaming establishments and he doesn’t tolerate loitering, bad behavior or drunks. He also noted that upon taking over operations of Chips, he will ensure he has the proper employees and security in place to avoid further issues. Mayor Barnes stated the City of DeKalb will not tolerate bad behavior. He encouraged Mr. Flevaris to reach out to the Council or the Police Department if assistance is needed. Alderman Zasada stated she is in the location of Chips often and has never seen any issues. She then asked Police Chief Byrd if he felt it’s a problem area. Police Chief Byrd replied he would have to look at statistical data to confirm any issues. Alderman Zasada reiterated that she drives through the area multiple times throughout the day and added that perhaps daytime activity versus nighttime activity is different. City Council Regular Meeting Minutes November 13, 2023 Page 4 of 7 Alderman Walker stated he’s worried about the kids in the area and asked Mr. Flevaris to reach out to him if he’d like to discuss some of the disconcerting issues he’s witnessed. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. 4. Resolution 2023-107 Amending Resolution 2021-083 to Increase the Combined Project Total for the Illinois Route 23 and Gurler Road Improvements to an Amount Not to Exceed $1,995,000 (Curran Contracting Company). Mayor Barnes read the resolution by title only. MOTION: Alderman Zasada moved to approve the resolution; seconded by Alderman Perkins. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. Mayor Barnes commented that issues with the Illinois Department of Transportation delayed the project and he’s happy it’s finally getting finished. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. 5. Resolution 2023-108 Amending Resolution 2022-091 to Increase the Combined Project Total for the Construction of Traffic Calming Measures on Fairview Drive and a Bike Path Extension Near Grove Street to an Amount Not to Exceed $257,000 (Elliot & Wood, Inc.). Mayor Barnes read the resolution by title only. MOTION: Alderman Perkins moved to approve the resolution; seconded by Alderman McAdams. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. There were no questions or comments from the Council. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. 6. Resolution 2023-109 Authorizing a Fund 400 Architectural Improvement Program (AIP) Grant for 830 E. Lincoln Highway in the Amount of $25,000 (Miguel Zepeda). Mayor Barnes read the resolution by title only. MOTION: Alderman McAdams moved to approve the resolution; seconded by Alderman Larson. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. There were no questions or comments from the Council. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. City Council Regular Meeting Minutes November 13, 2023 Page 5 of 7 7. Resolution 2023-110 Authorizing an Architectural Improvement Program (AIP) Economic Incentive at 216 N. Sixth Street, in the Amount of $2,750 (Byers Brewing Production Facility). Mayor Barnes recused himself from this item. Alderman Verbic read the resolution by title only. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. Alderman Zasada stated she believes the entire Council values and appreciates those who invest in the community and run businesses in DeKalb, adding she’s glad the City is in a position to help. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker. Nay: None. Recused: Barnes. Alderman Verbic declared the motion passed. K. ORDINANCES – SECOND READING There were none. L. ORDINANCES – FIRST READING 1. Ordinance 2023-052 Authorizing the 2023 Levy and 2024 Collection of Taxes in and for the Corporate and Municipal Purposes and Special Service Areas of the City of DeKalb for Fiscal Year 2024. Mayor Barnes read the ordinance by title only. MOTION: Alderman Verbic moved to approve First Reading of the ordinance; seconded by Alderman Walker. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. Alderman Zasada asked how long the Hunter Ridgebrook SSA (Special Service Area) is supposed to last. City Manager Nicklas replied that the SSA was created to help mitigate issues with the exterior of the building, such as the replacement of cameras, paving, trash enclosures, or the hiring of a police officer to monitor the area if needed. Continuing, City Manager Nicklas stated it’s up to the Council to decide whether or not they want to continue levying for the SSA. He added he doesn’t feel all the improvements that could be made to the property have been, which is why he recommends keeping this SSA. Alderman Zasada stated this SSA is for a very specific small space within her ward and she wasn’t aware of all the uses the funding could be used for. She added that the uses are critical as long as the City is satisfying its responsible landlords and ensuring we are supporting those who have invested in the community. City Manager Nicklas commented that there’s a new local management team representing the ownership of Hunter Ridgebrook who has developed a positive relationship with the City’s Building Department, which we haven’t always had. City Council Regular Meeting Minutes November 13, 2023 Page 6 of 7 Brief discussion ensued regarding the City’s tax rate. Mayor Barnes stated he’s looking forward to seeing what the final aggregate tax rate is going to be once all taxing bodies have reported their tax rates. Mayor Barnes also commended DeKalb Public Library Executive Director Emily Faulkner and the DeKalb Public Library Board for showing leadership and lowering their tax rate. Alderman Larson asked for clarification regarding unused funds in the SSAs. City Manager Nicklas responded that unused funding stays within the SSA and isn’t used for other projects. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. 2. Ordinance 2023-053 Abating Taxes Levied for Corporate Purposes of the City of DeKalb, Illinois for the Tax Year 2024. Mayor Barnes read the ordinance by title only. MOTION: Alderman Smith moved to approve First Reading of the ordinance; seconded by Alderman McAdams. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. There were no questions or comments from the Council. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed. M. REPORTS AND COMMUNICATIONS 1. Council Member Reports. Alderman McAdams welcomed Excelleaf Dispensary to the Fifth Ward. He also reported that this week is officially Transgender Observance Week. Alderman Verbic noted his appreciation to the Public Works Department for their rapid response regarding recent water main issues. Alderman Perkins reported that he recently volunteered with the DeKalb Elks Lodge serving meals to veterans at the Lincoln Inn. Alderman Larson reported that she recently toured the Excelleaf Dispensary location, noting they’ll have a soft opening soon. She also wished everyone a Happy Thanksgiving. Alderman Zasada reported that she attended a recent Illinois Military Economic Development Committee meeting, of which she’s a member, where they focused on childcare, the needs of veterans, and veterans’ suicide. She also reported on her attendance at the Amvets Veteran’s Day ceremony. Mayor Barnes reported on recent events and meetings he’s attended, which included being a guest speaker on the WLBK radio show, participating in a Phi Sigs Parents Day fundraising event where they awarded $500 to the DeKalb Police Department, attending the Opportunity House Gala, attending a DSATS (DeKalb Sycamore Area Transportation Study) meeting, attending the City Council Regular Meeting Minutes November 13, 2023 Page 7 of 7 Kishwaukee College Gala, speaking at a Veteran’s Day event at Kishwaukee College, and a ribbon cutting ceremony for the Agora Tower, Brian Scholle’s State Farm Office, and The Grove. 2. City Manager Report. City Manager Nicklas had no report. N. EXECUTIVE SESSION Mayor Barnes read the following Executive Session exception for the record: 1. Approval to Hold an Executive Session in Order to Discuss Collective Bargaining as Provided for in 5 ILCS 120/2(c)(2). MOTION: Alderman Verbic moved to recess for Executive Session; seconded by Alderman Perkins. VOTE: Motion carried by an 8-0 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed and recessed the meeting at 6:58 p.m. Following adjournment of the Executive Session, Mayor Barnes opened the meeting to the public at 7:57 p.m. O. ADJOURNMENT MOTION: Alderman Smith moved to adjourn the Regular meeting; seconded by Alderman McAdams. VOTE: Motion carried by an 8-0 voice vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Verbic, Walker, Barnes. Nay: None. Mayor Barnes declared the motion passed and adjourned the meeting at 7:57 p.m. Respectfully submitted, _______________________________ Ruth A. Scott, Recording Secretary Minutes approved by the City Council on November 27, 2023. Click here to view the agenda packet for the November 13, 2023, Regular City Council Meeting. Click here to view the video recording of the November 13, 2023, Regular City Council Meeting.

Agenda

DEKALB CITY COUNCIL AGENDA REGULAR MEETING NOVEMBER 13, 2023 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, Illinois 60115 Pursuant to Chapter 2 “City Council”, Section 2.04 “Council Meetings”, persons wishing to address the City Council during this meeting are required to register with the Recording Secretary by filling out and submitting a Speaker Request form, copies of which are located on the table just outside the meeting room, along with copies of the agenda. Comments will be limited to three (3) minutes. Further information for addressing the City Council can be found on the Speaker Request form. 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. Appointing DeKalb County Economic Development Corporation (DCEDC) Executive Director Mark Williams to the Airport Advisory Board as per Chapter 45, “Airport Advisory Board,” of the City of DeKalb Municipal Code. G. CONSENT AGENDA 1. Minutes of the Joint Review Board Meeting of October 27, 2023. 2. Minutes of the Regular City Council Meeting of October 23, 2023. 3. Accounts Payable and Payroll through November 13, 2023, in the Amount of $3,086,155.63. 4. Investment and Bank Balance Summary through September 2023. 5. Year-to-Date Revenues and Expenditures through September 2023. 6. Crime Free Housing Bureau Report – October 2023. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 2 of 11 H. PUBLIC HEARINGS 1. Truth in Taxation Hearing: FY2023 Annual property Tax Levy City Manager’s Summary: A Truth in Taxation (“Black Box”) notice has been published. This public hearing provides an opportunity for the public to comment on the proposed City corporate levy and the proposed aggregate levy, which includes the City and DeKalb Public Library levies. The key facts that residents and businesses should know are the following:  The proposed City corporate levy is $8,123,458, which is $1,004,328 (14%) higher than the City levy of $7,119,130 in 2022 because the City’s EAV grew by an estimated 25% (from $794,561,930 to $998,000,000). The proposed City levy assumes the following:  No levy for general operations.  A levy of $4,415,632 to partially meet Fire pension obligations.  A levy of $3,707,827 to partially meet Police pension fund obligations.  The full abatement of the $471,409 Library debt service.  The proposed DeKalb Public Library levy is $3,387,911 or an increase of $412,006 (13.84%) over the Library levy of $2,975,905 in 2022.  The combined or aggregate City and Library levies as proposed total $11,511,369 or an increase of $1,416,334 (14%) over the 2021 combined levies of $10,095,035.  No City property taxes will be extended for debt service or public building leases or costs.  The City’s projected rate-setting EAV is $998,000,000. Of this amount, an estimated $170,000,000 represents new construction. Final EAV numbers will not be released by the County until late February or early March 2024.  The 2023 DeKalb Township equalization factor is 9.53%. Assuming a rate-setting EAV of $998,000,000, the proposed City levy of $8,123,458 will result in a City tax rate of 0.81397 ($8,123,458 divided by $998,000,000 times 100), which is 9.15% lower than the 2022 City rate of 0.89599 per $100 EAV. The estimated DeKalb Public Library rate for 2023 is 0.33947 ($3,387,911 divided by $998,000,000 times 100) which is 9.36% lower than the 2022 Library rate of 0.37454. The following table puts the proposed City tax rate of 0.81397 in the context of the recent history of City tax rates: Recent City Property Tax Levies and Rates Year Rate-Setting EAV: City City Levy City Rate 2011 582,504,715 4,196,890 0.7205 2012 533,805,903 4,244,718 0.7952 2013 485,923,623 4,270,457 0.9809 2014 464,966,381 4,270,540 1.0245 2015 468,077,742 5,094,730 1.1942 Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 3 of 11 2016 503,861,829 5,565,384 1.2021 2017 529,629,464 6,004,594 1.2268 2018 547,947,687 6,017,140 1.1883 2019 585,726,839 6,269,649 1.1541 2020 610,333,062 6,522,507 1.06868 2021 694,171,673 6,845,317 0.98612 2022 780,000,000 7,119,130 0.91271 2023 998,000,000* 8,123,458* 0.81397* *Estimate The following table depicts the trend in actual City tax dollars paid by a homeowner with a house worth $375,555 in 2023 if the City’s rate is 0.81397 and the Library’s rate is 0.33947: City of DeKalb Year Base EAV Twp Multiplier New EAV Homestead Final EAV DeKalb Rate DeKalb Tax 2019 $97,906 1.0351 $101,343 -$6,000 $95,343 1.1549 $1,101.11 2020 $101,343 1.0409 $105,488 -$6,000 $99,488 1.06868 $1,063.21 2021 $105,488 1.0162 $107,197 -$6,000 $101,197 0.98612 $997.92 2022 $107,197 1.0662 $114,293 -$6,000 $108,293 0.89559 $970.30 2023 $114,293 1.0953 $125,185 -$6,000 $119,185 0.81397 $970.14 DeKalb Public Library Year Base EAV Twp Multiplier New EAV Homestead Final EAV Library Rate Library Tax 2019 $97,906 1.0351 $101,343 -$6,000 $95,343 0.38683 $368.81 2020 $101,343 1.0409 $105,488 -$6,000 $99,488 0.38772 $385.73 2021 $105,488 1.0162 $107,197 -$6,000 $101,197 0.38546 $390.07 2022 $107,197 1.0662 $114,293 -$6,000 $108,293 0.37454 $405.60 2023 $114,293 1.0953 $125,185 -$6,000 $119,185 0.33947 $404.60 2022 2023 Difference City Rate 0.89599 0.81397 -9.15% Library Rate 0.37454 0.33947 -9.36% City Taxes $970.30 $970.14 -$0.16 Library Taxes $405.60 $404.60 -$1.00 In 2023 (for taxes paid in 2024), the combined City and Library rate is projected to be 1.15344, a reduction of 9.2% from the combined 2022 rate of 1.27013. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 4 of 11 I. CONSIDERATIONS None. J. RESOLUTIONS 1. Resolution 2023-104 Approving a Collective Bargaining Agreement with the DeKalb Fraternal Order of Police, Lodge #115, Illinois Fraternal Order of Police Labor Council for the Period from January 1, 2024, through December 31, 2026. City Manager’s Summary: About a year ago (November 14, 2022) the City Council approved a one-year collective bargaining agreement with the DeKalb Fraternal Order of Police, Lodge #115 which replaced the expiring 2020-2022 labor agreement. Both parties desired a longer- term agreement but, in the context of surging price inflation and volatile interest rates that financial analysts predicted would not last, a one-year agreement seemed more prudent with respect to wages and other compensation. Negotiations around a successor agreement began in September 2023 and a tentative agreement, subject to Council and Lodge approval, was reached through a collaborative process on October 19. The entire City/FOP agreement is appended to this Agenda document. The principal revisions are as follows: a) A three-year term (from January 1, 2024, through December 31, 2026. b) Wage step adjustments of 2.5% in 2024, 3% in 2025 and 3% in 2026. c) The addition of a ninth wage step for the rank of police officer to be competitive with comparable cities. The City of DeKalb’s “comps” for this negotiation were derived from the comparative cities identified in the City of DeKalb’s Financial Plan of 2022-2024. Most of these cities are east of DeKalb. d) The addition of a second wage step for the rank of Sergeant. Only one wage step for sergeants has characterized previous FOP contracts and the second step provides an incentive for qualified officers to test for the sergeant rank. With a growing numerical force, this was agreed to be important. e) Revised language to identify how the pay of lateral hires is determined. f) An incentive to save for post-employment health needs by establishing a city match for contributions by employees to a preferred 457 plan up to a maximum of $2,000 annually until the employee’s retirement. Currently, the City agreement with IAFF Local 1236 has the same provision. g) A commitment to reach a threshold of 73 sworn officers by the end of 2024 (including the Chief, Deputy Chief, and 4 Commanders in the total number of 73 sworn officers). h) An increase in the residency radius from 30 miles to 40 miles of the Police Department building on W. Lincoln Highway. The norm has become two-earners in senior officer families, and it is more typical that the spouse is working to the East where opportunities are more various and abundant. As a result, some senior officers are making the difficult decision to transfer laterally to another department outside the current radius. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 5 of 11 Lodge 115 members voted on the new contract during the early days of November and have recommended the approval of the draft agreement. City Council approval is recommended. (click here for additional information) 2. Resolution 2023-105 Authorizing the Waiver of Competitive Bidding and the Approval of an Agreement with Layne Christensen Company for Maintenance Inspection and Repair to Well No. 7 in an Amount Not to Exceed $78,380. City Manager’s Summary: As Bryan Faivre writes in his background memorandum, Well No. 7 (located at 1202 S. Seventh Street) is one of nine wells the City owns and operates. The well has a pumping capacity of 700 gallons per minute and accounts for 7% of the annual overall volume to the City. The well is the only well that supplies water to the City’s Seventh Street Water Treatment Plant. The well components to Well No. 7 were scheduled to be pulled in 2024 for routine preventative maintenance. The preliminary FY2024 Water Capital Fund budget (Fund 620) includes $170,000 for this purpose. The $170,000 budget included $70,000 for removal and reinstallation of the well components and $100,000 for repair/replacement of inventoried well component parts. The Water Capital Plan includes routine scheduled preventative maintenance inspections of each of the City’s nine wells. Recently, Utility Division staff has witnessed air entrainment in the finished treated water coming from the Seventh Street Water Treatment Plant. The issue causes the water to have a “milky white” appearance. The water will clear as the air dissipates, and the water is safe for consumption but aesthetically, the appearance causes some customer concerns. The Utility Division has restricted the use of the well and treatment plant as we systematically worked through potential sources of the problem within the plant and tried different operational modifications to rectify the issue. The check valve to Well No. 7 has also been replaced. Thus far, all attempts to correct the problem have been unsuccessful. This leads us to believe that the source of the issue may be coming directly from the raw water source of Well No. 7. Well No. 7 is currently operable, however, if the well were to run for any length of time, the air entrainment would become more prevalent within the City’s water distribution system, resulting in cloudy or milky colored water complaints. The Utility Division is meeting daily water demands by relying more heavily on the City’s remaining wells. It should be noted that both Well 16 and Well 17 were pulled in the middle of August, and both required motor replacements. Both Well 16 and Well 17 are now back in service. However, even their restored pumping capacity cannot clear the system if Well 7 is not repaired. The City has worked with Layne Christensen on the repairs to Wells 16 and 17 and on other well pumps and motors in recent years. Their technical experience in working with Byron Jackson Type H mercury-sealed motors is critical. The Byron Jackson submersible motor is used in all six of the City’s deep wells. The motors are extremely reliable but due to the mercury seal, the motors require special handling. Layne is the sole representative for Byron Jackson pumps and motors in the state of Illinois. In addition, Layne field service crews have received both factory and field training in the proper handling of Byron Jackson well pumps and the Byron Jackson Type H mercury-sealed motors. For this reason, Mr. Faivre recommends contracting with Layne to perform the required work on this well in a not to exceed amount of $78,380. This will allow the well components to be pulled and repaired in a timely manner without returning to the Council for one or several upgrades that might be discerned as the well is investigated. City Council approval of the proposed contract with Layne Christensen in the not-to- exceed amount of $78,380 is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 6 of 11 3. Resolution 2023-106 Approving a Bar Liquor License with Supplemental Licensure for Video Gaming for Spahiu Gaming, LLC, d/b/a Chips, 122 E. Hillcrest Drive. City Manager’s Summary: The business known as Chips, located at 122 E. Hillcrest Drive, was established in November of 2019 and is one of the 10 approved video gaming establishments in DeKalb. The current owner of Chips, Rasim Spajoski, is selling 100% of his interest in the business to Peter Flevaris, who also owns video gaming establishments in Waukegan and Bridgeview. Mr. Flevaris will be maintaining the original corporation and business name. Per Chapter 38, “Intoxicating Liquors,” of the City’s Municipal Code, liquor and video gaming licenses are not transferable. Accordingly, Mr. Flevaris has submitted an application for a City of DeKalb “Bar” liquor license with supplemental licensure for video gaming. If approved, the license will be considered “conditional” until the requirements laid out in the resolution are met, which includes receipt of a State of Illinois liquor license, receipt of a City of DeKalb Fire Life Safety license, and approval of the required background investigation for the potential owner by the DeKalb Police Department (currently pending). The City will receive an initial issuance fee of $11,319 if approved. Non-refundable fees for the liquor license application, background investigation, and the Fire Life Safety application in the amount of $716 have already been paid. The licensing term for a Bar liquor license begins January 1 and ends December 31 with an annual renewal fee of $2,830. The Illinois Gaming Board requires that all video gaming establishments obtain a liquor license from the municipality in which the business is located prior to applying for a video gaming license. If the Council approves the requested liquor license, Mr. Flevaris will then submit an application to the Illinois Gaming Board for a video gaming license. If approved, Mr. Flevaris will pay an initial fee of $1,000 for the City’s video gaming license. The licensing term for a video gaming license in DeKalb begins January 1 and ends December 31 with an annual renewal fee of $500 per video gaming terminal. Video gaming terminals are limited to six per video gaming establishment per Chapter 38. City Council approval is recommended. (click here for additional information) 4. Resolution 2023-107 Amending Resolution 2021-083 to Increase the Combined Project Total for the Illinois Route 23 and Gurler Road Improvements to an Amount Not to Exceed $1,995,000 (Curran Contracting Company). City Manager’s Summary: This Resolution and the next Resolution are necessary to align initial Council approvals with the final close-out documents associated with the Illinois Route 23 signalization project and two smaller local projects (the grove bile path and traffic-calming measures on Fairview Drive) – each of which involved state-shared revenue. As City Engineer Zac Gill writes in his background memorandum, the intersection project at Illinois Route 23 and Gurler Road was funded through a $1.49 million grant from the Illinois Department of Transportation Economic Development Program (EDP, which rewards job creation or retention in the State of Illinois. The program was taken to bid in 2022 and the grant monies have passed through Fund 400. The due amount over the grant cap of $1.49 million has been covered by the sponsored job creator, Ferrara Candy Company. Additional scope was required due to drainage complications and weather delays. This project remains budget neutral to the 400 Fund as all costs are reimbursed by either IDOT or the private agreement with Ferrara Candy Company, which has been kept in the loop on the site condition struggles and overruns and has been very collaborative in the process. City Council approval is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 7 of 11 5. Resolution 2023-108 Amending Resolution 2022-091 to Increase the Combined Project Total for the Construction of Traffic Calming Measures on Fairview Drive and a Bike Path Extension Near Grove Street to an Amount Not to Exceed $257,000 (Elliot & Wood, Inc.). City Manager’s Summary: The original agreement with Elliot & Wood, Inc. combined two projects in one overall contract. One involved the installation of a bike path generally parallel to Lincoln Highway as a state-mandated complement to the recent Downtown Reconfiguration project in 2022. The portion of the path linking S. Second Street with S. First Street passed through the Vaughan Parking Lot and involved removal of some asphalt areas and conversion of adjacent green areas to a bike path. The project was funded by ARPA funds. A second part of the Elliott & Wood contract in the amount of $212,053.64 involved the installation of a traffic calming island on Fairview Drive at Monticello Drive, with staff authority. Several issues mostly along the Bike Path portion of the project – such as unsuitable materials for the sub-base, additional aggregate requirements, and utility accommodations--required an increase in project scope approved by the City Engineer while the project was in full gear and the fall weather was yielding to winter. The overall impact to the ARPA Fund (110-00-00- 83000) budget was an additional $32,000. The 2022 Budget has been amended appropriately but the paperwork with the State of Illinois needs to be revised. City Council approval is recommended. (click here for additional information) 6. Resolution 2023-109 Authorizing a Fund 400 Architectural Improvement Program (AIP) Grant for 830 E. Lincoln Highway (Miguel Zepeda). City Manager’s Summary: The City’s FY2023 Budget set aside $70,000 in the Capital Projects Fund (Fund 400) to incentivize improvements on commercial properties on Lincoln Highway, east of the TIF #3 terminus at Seventh Street, and on S. Fourth Street, south of Taylor Street. Although funded by a general capital source, the program borrowed from the features of the successful Architectural Improvement Program (AIP) which has been a part of the annual TIF budget for many years. In January, the non-TIF program assisted the Sullivan family in making substantial improvements to their business at 722 E. Lincoln Highway. The attached Agenda background describes a new project submittal from Miguel Zepeda, recent purchaser of the property at 830 E. Lincoln Highway. His property contains a single-story commercial building once used as a gas station and subsequently for used car sales and several short-lived business ventures. Mr. Zepeda plans to upgrade and remodel the building for his “pre-paid” business, which serves the Hispanic community in particular. The services include Western Union, pre- paid phones and phone accessories, and a bill payment center. Mr. Zepeda also plans to create a parking area immediately west of the building to accommodate six to seven regular spaces, and to install a handicap space on the east side of the building. The total private investment will be $51,254 and the non-TIF AIP request is for the maximum $25,000. Community Services Coordinator Jennifer Yochem has been working with the owner and City staffers to pull together the necessary documents and to review the proposed improvements in terms of City regulations. Ms. Yochem has recommended this non-TIF incentive request. City Council approval is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 8 of 11 7. Resolution 2023-110 Authorizing an Architectural Improvement Program (AIP) Economic Incentive at 216 N. Sixth Street, in the Amount of $2,750 (Byers Brewing Production Facility). City Manager’s Summary: This project falls within the City’s TIF #3 district and involves the repair of critical electrical transformers that recently failed at the Byers Brewing annex at 216 N. Sixth Street. An expensive emergency repair was necessary, and Mr. Byers approached the City to request some assistance. The City Manager reviewed the TIF AIP program with Mr. Byers and determined that the repair would qualify; however, the repair was necessary before the Council could meet to review the request. As with an emergency roof repair (KJ’s) and boiler repair (Stage Coach) that were reimbursed under the AIP program in 2021, this urgent repair is consistent with the intentions of the incentive program. City Council approval of this reimbursement request is recommended. (click here for additional information) K. ORDINANCES – SECOND READING None. L. ORDINANCES – FIRST READING 1. Ordinance 2023-052 Authorizing the 2023 Levy and 2024 Collection of Taxes in and for the Corporate and Municipal Purposes and Special Service Areas of the City of DeKalb for Fiscal Year 2024. City Manager’s Summary: Since the 2018 levy, the City has levied property taxes annually only to fund a portion of the annual police and fire pension contributions. No taxes have been levied for general corporate purposes. The proposed 2023 City levy continues this trend. At the October 16, 2023, Finance Advisory Committee (FAC) meeting, the proposed City property tax levy was presented to the Committee for discussion and feedback. The levy that was recommended was $8,123,458 (combined police and fire pension), which represents a 14% increase from last year’s levy of $7,119,130. The City’s aggregate levy includes a pass- through amount ($3,387,911) for DeKalb Public Library operations as noted in the table below: Increase / 2023 2022 Decrease Increase / Tax Tax Over Prior Decrease Over Levy Levy After Year’s Prior Year’s 2023 Aggregate & Extensions Abatements Extension Extension Special Purpose Levies ($) ($) ($) (%) Corporate $0 $0 $0 0.00% IMRF $0 $0 $0 0.00% Social Security $0 $0 $0 0.00% Fire Pension $4,415,632 $3,869,713 $545,919 14.12% Police Pension $3,707,827 $3,249,417 $458,410 14.12% Public Library (pass-through) $3,387,911 $2,975,905 $412,006 13.85% Total Aggregate & $11,511,369 $10,095,035 $1,416,334 14% Special Purpose Levy Based on a projected rate-setting City-wide EAV of $998,000,000, this levy should result in a 2023 City tax rate of 0.81397, a 9.15% decrease from the 2022 City rate of 0.89599. The Library’s tax rate for 2023 would be 0.33947 which is 9.36% lower than the 2022 rate of Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 9 of 11 0.37454. The combined City and Library tax rate is projected to be 1.15344 which would be 9.22% lower in total than the 2022 combined rate of 1.27053. Despite the overall tax levy increasing, the rate is expected to decrease due to the estimated 25% increase in the community EAV (from $794,561,930 to $998,000,000). The City will also levy for six Special Service Areas. SSA #29 was activated in April 2020 to fund road repairs in the Market Square Shopping Center. SSA #30 was activated in December 2020 to fund public safety and security improvements at Hunter Ridgebrook, The SSAs are detailed in the following table: Increase / Decrease 2023 2022 Over Prior Increase / Tax Levy Tax Levy Year's Decrease Over Extensions Extensions Extension Prior Year's Estimated Tax Levy ($) ($) ($) Extension (%) Special Service Area Levies SSA #3 - Heritage Ridge $1,000 $1,000 $0 0.00% SSA #4 – Knolls $5,500 $5,500 $0 0.00% SSA #6 - Greek Row $12,000 $12,000 $0 0.00% SSA #14 - Heartland Fields $2,000 $2,000 $0 0.00% SSA #29 - Market Square $50,000 $50,000 $0 0.00% SSA #30 - Hunter Ridgebrook $50,000 $50,000 $0 0.00% Total Special Service $120,500 $124,500 $0 0.00% Area Levies The City is also required to levy for the principal and interest of bonds issued by the municipality. It is the City’s standard practice to abate all debt service levies immediately after their adoption, except for debt related to the 2013 Library expansion project. For the 2023 levy year, the debt service payment ($471,409) for the Library debt will be paid from General Fund revenues, as in the 2022 levy year, to hold the City tax rate down. City Council approval on First Reading only is recommended. (click here for additional information) 2. Ordinance 2023-053 Abating Taxes Levied for Corporate Purposes of the City of DeKalb, Illinois for the Tax Year 2024. City Manager’s Summary: When a municipality issues a bond, a Bond Order is filed with the County Clerk that determines the amount to be levied each year until the bond is paid off. The City currently has six bond issues outstanding, which automatically levy property taxes for the debt service. It has been the past practice of the City to use other revenue sources to pay for annual principal and interest payments. As a result, the City can abate the taxes levied for debt upon approval of the annual tax levy. The outstanding bonds are identified below:  GO Refunding Bonds of 2010C. In December 2010, the City issued $5,415,000 of General Obligation Refunding Bonds to refinance prior debt at a lower interest cost. The original obligations were issued to finance storm sewer construction, road reconstruction, park land, and initial costs for the Police station. The bonds matured on January 1, 2023, and no additional levies are provided for in the bond ordinance. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 10 of 11  GO Bonds of 2012A. In October 2012, the City issued $9,905,000 of G.O. Refunding Bonds for the purpose of construction of the new Police Station on W. Lincoln Highway. The bonds mature on January 1, 2030.  GO Refunding Bonds of 2019. In October 2019, the City issued $3,925,000 of G.O. Refunding Bonds to refinance the 2010B bonds at a lower interest cost. The bonds mature on January 1, 2028.  GO Refunding Bond of 2020. In November 2020, the City issued $1,900,000 of G.O. Refunding Bonds to retire the principal of bonds due in 2021 to alleviate fiscal pressure caused by the COVID-19 pandemic. The bonds mature on January 1, 2030.  2013A GO Bonds / GO Refunding Bonds of 2022 (Library). In 2013, the City Council approved the issuance of $6,685,000 in bonds to help with the DeKalb Library expansion. Since the Library cannot issue debt on their own, the City issued the bonds and annually levies a property tax on behalf of the Library. However, the City also annually abates the tax levy and pays the debt service for the Library. In June 2022, the City Council authorized the refunding of the 2013A Bonds through the issuance of the GO Refunding Bonds, Series 2022. The City will make the January 1, 2024, debt payments on the 2013A bonds and the remainder of that issue will be paid by the 2022 bond proceeds.  General Obligation Bonds of 2023: The City Council approved the bond issuance on September 11, 2023 (Ordinance 2023-035) after determining, in conjunction with the City’s Finance Advisory Committee on August 21, 2023, that the construction and staffing of a fourth City fire station was a priority spending objective for the Fiscal Year 2024. In the public discussions about Station 4, the City Manager proposed, and the Council supported, the funding of the construction through a 15-year, $4.265 million general obligation bond with an annual levy ceiling of $425,000 (with the annual 2023 bond debt service to be abated in full). The City’s Ground Emergency Medical Transportation (GEMT) Fund will provide annual assistance with the 2023 Bond payments through 2027, when the City will have retired sufficient annual debt service to assume a greater share of the City’s aggregate General Fund-supported debt. As illustrated in the table above, after 2030 the assumed principal and interest on the aggregate City G.O. debt will be substantially reduced. The table below outlines the GO Bond debt service that will be abated in levy year 2023: Bond Series 2023 Tax Levy 2023 Abatement 2010C n/a n/a 2012A $887,581 100% 2019 $929,150 100% 2020 $46,110 100% 2013A - Library $350,175 100% 2022 - Library $121,234 100% 2023 135,656 100% City Council approval on First Reading only is requested. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 13, 2023 Page 11 of 11 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 Collective Bargaining as Provided for in 5 ILCS 120/2(c)(2). O. ADJOURNMENT REGULAR AGENDA PACKET NOVEMBER 13, 2023 Assistive services, including hearing assistance devices, available upon request.