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City Council

Regular Meeting

DeKalb, IL · December 11, 2023

AgendaMinutes

Minutes

MINUTES CITY OF DEKALB CITY COUNCIL REGULAR MEETING DECEMBER 11, 2023 The City Council of DeKalb, Illinois, held a Regular meeting on December 11, 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 John Walker, and Mayor Cohen Barnes. Alderman Mike Verbic was absent. Others in attendance included City Manager Bill Nicklas, City Attorney Matt Rose, City Engineer Zac Gill, and Transit Manager Mike Neuenkirchen. Sasha Cohen was absent. B. PLEDGE OF ALLEGIANCE Shadow Gentry led the Pledge of Allegiance. C. APPROVAL OF THE AGENDA MOTION: Alderman Smith moved to approve the agenda; seconded by Alderman Walker. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. D. PRESENTATIONS 1. Transit Center Update. City Engineer Gill provided an update on the Transit Center and provided photographic reference for the Council. City Manager Nicklas stated a more detailed presentation will be provided in approximately 60 days. Discussion ensued regarding turn lanes, roundabouts, crosswalks, and maintaining trees on the property, as well as the walking path. There was also discussion regarding the smell of diesel fuel from buses at the transit center and the importance of hybrid buses. It was noted that the buses will be staged in a way that they’re not all coming and going at the same time. E. PUBLIC PARTICIPATION There was none. F. APPOINTMENTS There were none. City Council Regular Meeting Minutes December 11, 2023 Page 2 of 6 G. CONSENT AGENDA Mayor Barnes read the following Consent Agenda items by title only: 1. Minutes of the Special Joint Meeting of the City Council and Finance Advisory Committee of November 20, 2023. 2. Minutes of the Regular City Council Meeting of November 27, 2023. 3. Accounts Payable and Payroll through December 11, 2023, in the Amount of $5,670,553.67. 4. Investment and Bank Balance Summary through October 2023. 5. Year-to-Date Revenues and Expenditures through October 2023. 6. Crime Free Housing Bureau Report – November 2023. 7. Approval of the 2024 Schedule of Meetings. 8. Resolution 2023-116 Approving the Cancelation of the December 26, 2023, Regular Meeting of the City Council, and Approving the Payment of Invoices for the Second Part of December Prior to the January 8, 2024, Regular Meeting of City Council. MOTION: Alderman Perkins moved to approve the Consent Agenda; seconded by Alderman Larson. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. H. PUBLIC HEARINGS There were none. I. CONSIDERATIONS There were none. J. RESOLUTIONS 1. Resolution 2023-117 Authorizing an Agreement with the International Association of Firefighters (IAFF) Local 1236 for the Period Beginning January 1, 2024, through December 31, 2027. Mayor Barnes read the resolution by title only. MOTION: Alderman Smith 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. Alderman Smith asked if changing the residency radius from 30 miles to 40 miles will assist with increasing the hiring pool. City Manager Nicklas replied that it will help. City Council Regular Meeting Minutes December 11, 2023 Page 3 of 6 Alderman Smith also asked for an update on Fire equipment on order. City Manager Nicklas replied that supply issues have delayed delivery of at least two ambulances and one fire truck. Alderman Walker, Alderman Zasada, Alderman Perkins, and Mayor Barnes expressed their gratitude to the Fire Department for their constant sacrifice and commitment to the community. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. K. ORDINANCES – SECOND READING 1. Ordinance 2023-054 Adopting the City of DeKalb Annual Budget and Non-Bargaining Unit Pay Plan for the Fiscal Year Beginning January 1, 2024, and Ending December 31, 2024. Mayor Barnes read the ordinance by title only. MOTION: Alderman Perkins moved to approve Second 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 a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. L. ORDINANCES – FIRST READING 1. Ordinance 2023-056 Opting Out of the Illinois Paid Leave for All Workers Act. Mayor Barnes read the ordinance by title only. MOTION: Alderman Larson 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. Lengthy discussion ensued regarding the act. City Manager Nicklas recommended approving the ordinance on the condition that he will provide the Council with analysis regarding part time City of DeKalb employees. VOTE: Motion carried by a 6-1-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Walker, Barnes. Nay: McAdams. Absent: Verbic. Mayor Barnes declared the motion passed. MOTION: Alderman Larson moved to waive Second Reading of the ordinance; seconded by Alderman Walker. VOTE: Motion carried by a 6-1-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, Walker, Barnes. Nay: McAdams. Absent: Verbic. Mayor Barnes declared the motion passed. City Council Regular Meeting Minutes December 11, 2023 Page 4 of 6 2. Ordinance 2023-057 Approving the Annexation of Certain Property Located at 830 W. Fairview Drive (Kishwaukee Water Reclamation District). Mayor Barnes read the ordinance by title only. MOTION: Alderman McAdams moved to approve First Reading of the ordinance; seconded by Alderman Larson. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. Alderman Perkins asked Kishwaukee Water Reclamation District (KWRD) Executive Director Mark Eddington if they have any plans to build on this site. Mr. Eddington replied there were no designs or plans at this time. Brief discussion ensued. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. MOTION: Alderman Larson moved to waive Second Reading of the ordinance; seconded by Alderman McAdams. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. 3. Ordinance 2023-058 Approving the Rezoning of Parcels Owned by the Kishwaukee Water Reclamation District to the “GS” Government Sanitary District. Mayor Barnes read the ordinance by title only. MOTION: Alderman Walker 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. Brief discussion ensued. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. MOTION: Alderman Perkins moved to waive Second Reading of the ordinance; seconded by Alderman Smith. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. 4. Ordinance 2023-059 Amending Ordinance 2023-053 Abating the 2023 Tax Levy for the Debt Service of the General Obligation Corporate Purpose Bonds of the City of DeKalb. Mayor Barnes read the ordinance by title only. City Council Regular Meeting Minutes December 11, 2023 Page 5 of 6 MOTION: Alderman Walker moved to approve First Reading of the ordinance; seconded by Alderman Perkins. City Manager Nicklas gave an overview of this item based on the information provided in the agenda packet. Brief discussion ensued. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. MOTION: Alderman Perkins moved to waive Second Reading of the ordinance; seconded by Alderman Walker. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed. M. REPORTS AND COMMUNICATIONS 1. Council Member Reports. Alderman McAdams stated he was happy the First Street bridge is finally open. Alderman Perkins thanked the Fire Department for spending time with him during his visit to the Fire Stations. He also stated that the downtown area lights and decorations look great. Alderman Larson thanked the Fire Department for their continued commitment to DeKalb. She also encouraged residents to remove leaves and debris from curb drains in front of their homes. Closing her comments, Alderman Larson wished everyone happy holidays. Alderman Zasada wished everyone happy holidays. Mayor Barnes reported on recent events and meetings he’s attended, including the Police Department’s holiday party and the Meta grand opening. He thanked Meta for their investment in DeKalb, adding they have also contributed to not-for-profit organizations in and around the community. Mayor Barnes further stated he was happy the First Street bridge was open. He also stated that the DeKalb Community Unit School District No. 428 will be holding a meeting on December 12, 2023, to continue discussion regarding their tax levy and encouraged citizens to attend and vocalize their opinion regarding the matter. Closing his comments, Mayor Barnes wished everyone happy holidays. 2. City Manager Report. City Manager Nicklas stated he is grateful for his staff and thanked the Council for challenging him. He also wished everyone happy holidays. N. EXECUTIVE SESSION There was none. City Council Regular Meeting Minutes December 11, 2023 Page 6 of 6 O. ADJOURNMENT MOTION: Alderman Zasada moved to adjourn the meeting; seconded by Alderman Walker. VOTE: Motion carried by a 7-0-1 roll call vote. Aye: Zasada, Larson, Smith, Perkins, McAdams, Walker, Barnes. Nay: None. Absent: Verbic. Mayor Barnes declared the motion passed and adjourned the meeting at 7:24 p.m. Respectfully submitted, _______________________________ Ruth A. Scott, Recording Secretary Minutes approved by the City Council on January 8, 2024. Click here to view the agenda packet for the December 11, 2023, Regular City Council Meeting. Click here to view the video recording of the December 11, 2023, Regular City Council Meeting.

Agenda

DEKALB CITY COUNCIL AGENDA REGULAR MEETING December 11, 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 1. Transit Center Update. E. PUBLIC PARTICIPATION F. APPOINTMENTS None. G. CONSENT AGENDA 1. Minutes of the Special Joint Meeting of the City Council and Finance Advisory Committee of November 20, 2023. 2. Minutes of the Regular City Council Meeting of November 27, 2023. 3. Accounts Payable and Payroll through December 11, 2023, in the Amount of $5,670,553.67. 4. Investment and Bank Balance Summary through October 2023. 5. Year-to-Date Revenues and Expenditures through October 2023. 6. Crime Free Housing Bureau Report – November 2023. 7. Approval of the 2024 Schedule of Meetings. 8. Resolution 2023-116 Approving the Cancelation of the December 26, 2023, Regular Meeting of the City Council, and Approving the Payment of Invoices for the Second Part of December Prior to the January 8, 2024, Regular Meeting of City Council. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 27, 2023 Page 2 of 9 H. PUBLIC HEARINGS None. I. CONSIDERATIONS None. J. RESOLUTIONS 1. Resolution 2023-117 Authorizing an Agreement with the International Association of Firefighters (IAFF) Local 1236 for the Period Beginning January 1, 2024, through December 31, 2027. City Manager’s Summary: As the Council is aware, contractual terms in the current IAFF contract which expires on December 31, 2024, have been “on the table” since Local 1236 and the City Administration initially engaged in informal discussions around the possible staffing of Fire Station #4 in the late Spring of 2023. This conversation addressed a number of staffing options, including the “jump company” concept that ultimately became a part of the public discussion of the feasibility of constructing a new fire station in the southwest quadrant of the City within the next two years. The staffing discussion was layered and collaborative. Two fiscal challenges were the focus:  How and when would the Department transition from the initial Station #4 staffing of three to the NFPA station staffing minimum of five; and  How would the City and Local 1236 collaborate to address pay inequities vis-à-vis comparable departments as a result of the Local’s voluntary pay freeze of nearly two years from March of 2020 through December of 2021. These two fiscal challenges are addressed in the draft agreement between the City and Local 1236. They are the most impactful changes in the attached Agreement. This background report elaborates on the essential economics of the proposed resolution of these fiscal challenges in the mutual interest of the parties. Minimum Station Staffing From the 1990s through 2020, the Department regularly ran only two persons per engine on the assumption that the two firefighter/paramedics assigned to a trailing ambulance would provide adequate personnel to suppress a fire and perform essential tasks (e.g., search and rescue, hose deployment, ventilation, etc.) at a fire scene. This strategy was undone when either the ambulance was committed to an EMS call at the time of the fire or, upon arriving at the scene, one or more persons were encountered requiring medical attention. The arriving engine company was then left with two personnel instead of the NFPA standard of four personnel (“Two-in, Two-out”) to suppress a fire until mutual aid companies or recalled firefighters arrived on other equipment. With the collective bargaining agreement reached in late December 2020, extending through December 31, 2024, the City and Local 1236 committed to a gradual process to meet the minimum NFPA station staffing standard of four firefighter/paramedics and an officer, gradually raising the minimum daily shift standard from 13 to 16 by October 1, 2024. The gradual progress to the higher level of daily staffing was spread over a four-year contract to diminish budget impacts. The federal “Staffing for Adequate Fire and Emergency Response” (SAFER) grant of over $2.7 million awarded to the City in late August 2021 accelerated the Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 27, 2023 Page 3 of 9 staffing upgrade. This was timely because the Department’s call volume spiked during the COVID-19 pandemic, requiring more frequent call-backs and overtime. Ironically, initial staffing of the new Station #4 to reduce travel times to the southwest quadrant relies upon a short-term departure from the newly established station minimum of five to establish a three-person “jump company” at Station #4 until a new, gradual progression to the higher standard of five personnel per station can be achieved. This arrangement is the result of a collaboration between City officials and Local 1236 which has buoyed the City budget for the past four years. Specifically, the “jump company” will be equipped with a front-line ambulance and engine as are the other City stations. However, with any call “toned out” to the fourth station, a calculated judgment must be made about whether the call requires an engine or an ambulance. Once that choice is made, the smaller engine company of three will clear the station with either the ambulance or engine and leave the station empty of the number of firefighter/paramedics needed to address a follow-on or simultaneous call in that particular fire district. This is currently the case for Stations 2 and 3, which roll an ambulance and engine, but they have more hands on the apparatus to address unexpected circumstances that may arise at an emergency incident as first responding company. The duration of such a transitional arrangement was always negotiable under the current Fire contract and could have been compelled by a Demand to Bargain. Instead, the parties picked up the conversation started in the Spring and over the past six weeks have drafted another four-year contract to gradually put the appropriate staffing in place at the new Station #4. The attached agreement rolls the last year of the present agreement (2024) into a four-year contract extending from January 1, 2024, through December 31, 2027. Regarding the minimum station staffing, the following terms are proposed:  The hiring of nine firefighter/paramedics in the last quarter of 2024 to have a station minimum of three available at Station #4 for each of the Fire shifts through the week. This feature was part of the Council background to the decision to build a new Station #4 on July 24 and was integrated with the budget parameters considered by the Council and the Finance Advisory Committee (FAC) in August, by the FAC in October, and at the joint meeting of the Council and FAC on November 20.  An additional nine firefighters will be needed to achieve the minimum station standard of five personnel already embraced by the City. This requires an increase in the Department- wide shift minimum from 16 in late 2024 to 21 in late 2027. The gradual path to the additional hires is as follows:  three additional firefighter/paramedic hires in 2025;  three additional firefighter/paramedic hires in 2026; and  three additional firefighter/paramedic hires in 2027. The delayed, sequential rise in the minimum Station #4 staffing represents an important fiscal and operational compromise in the station’s opening and early use. The Proposed Wage Agreement As with the recent FOP negotiations and every labor negotiation over the past five years, the City administration (City Manager, HR Director, Finance Director and key department heads) review the “Comps” – i.e., wage scales of comparable Illinois cities – to help define metrics that can be agreed by both sides at the outset. Such metrics might ultimately be the basis for a determination by an Illinois Labor Board arbitrator if the contract cannot be settled by the parties. In the case of the Fire contract, the “Comps” were determined by an arbitrator during Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 27, 2023 Page 4 of 9 the negotiations leading to the settlement of the 2017-2020 contract and were used again for the 2020-2024 contract. Both parties thought it prudent to align with these Comps for the follow-on contract. The table below shows where DeKalb Fire’s wage schedule falls in relation to the Comps in 2023: Comparables: 2023 Firefighter/Paramedic Step 1 After 1 Yr After 2 Yrs After 3 Yrs After 4 Yrs After 5 Yrs DeKalb $69,842 $74,968 $78,972 $83,189 $86,799 $90,644 Buffalo Grove $71,987 $77,193 $82,776 $88,760 $95,181 $102,464 Freeport $57,986 $63,774 $66,833 $70,002 $71,876 $75,266 Lake Zurich $71,083 $82,138 $87,578 $93,743 $99,546 $107,162 Lombard $74,081 $78,312 $83,714 $88,534 $93,933 $103,126 Morton Grove $77,254 $81,520 $89,750 $96,449 $101,755 $105,219 Park Ridge $78,545 $81,687 $84,955 $88,353 $91,887 $95,563 Rolling Meadows $73,450 $81,794 $88,803 $95,816 $102,827 $109,838 Villa Park $73,676 $82,101 $87,185 $92,272 $97,351 $102,434 Wheeling $79,821 $88,559 $93,474 $103,300 $108,459 $114,009 Average $72,773 $79,205 $84,404 $90,042 $94,961 $100,573 DeKalb vs Average -$2,931 -$4,237 -$5,432 -$6,853 -$8,162 -$9,929 The columns above represent steps in the contractual wage schedule. Most of the “Comps” have eight wage steps like DeKalb – in the interest of readability the table above stops after the first six steps but the adverse trend continues in terms of comparability. Most of the contracts in the comparable cities will expire in 2024, as with the current DeKalb contract, but the DeKalb fighter/paramedic wages make up no ground against the “Comps” in 2024, based on the current 2.5% increase in the DeKalb contract for 2024, as shown in the table below: Comparables: 2024 Top Base Wages 2023 2024 Top Base Top Base Firefighter/Paramedic Wage Wage* % Increase Buffalo Grove $117,362 Freeport $75,266 $78,270 3.99% Lake Zurich $107,162 $109,841 2.50% Lombard $103,126 $107,046 3.80% Morton Grove $105,219 Park Ridge $106,978 $116,499 8.90% Rolling Meadows $116,851 $119,772 2.50% Villa Park $102,434 $105,507 3.00% Wheeling $114,009 $117,999 3.50% Average of Comp Set $105,379 $107,848 4.03% DeKalb $99,234 $101,715 2.5% Relationship to Average -6.19% -6.03% DeKalb vs Average $ ($6,145) ($6,133) DeKalb Rank Among Comps 9th of 10 7th of 8 *Two of the Comps have contracts expiring this year and their future contracts have not yet been settled. The large wage discrepancy between DeKalb’s contractual wage steps and those in comparable cities is primarily owing to a unique collaboration that was struck in the darkest moments of the COVID-19 pandemic and continues today. In March of 2020, in anticipation of unparalleled government constraints that were to fall on private business activity and in consideration of unknown demands for EMS services, the City Manager convened all City labor groups and management to plan for the unexpected. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 27, 2023 Page 5 of 9 In that series of meetings, IAFF Local 1236 and AFSCME Local 813 led the way in proposing an immediate roll-back of contractual wage increases at least for the balance of 2020. Local 1236 went further. In the Fall of 2020 during the contract negotiations for a four-year agreement to gradually address minimum shift staffing deficiencies, Local 1236 voluntarily proposed no wage increase again for 2021. In the period 2020 through 2021, IAFF Local 1236 gave up two annual wage increases of 2.5% and lost 5% against their Comps. The recent negotiations with Local 1236 were collaborative as well. Local 1236 did not press for wage increases aligned with projected regional CPI increases and did not propose a leap to wage levels strictly comparable with the highest levels in comparable communities. The Local’s leadership recognized that the City was trying to provide for new facilities and a substantial increase in departmental funding to adequately staff those new facilities. The compromise among the parties was as follows:  2024: Keep the 2.5% increase already incorporated in the current contract for 2024.  2025: Target the mid-range of the Comps beginning in 2025. This requires a one-time equity adjustment of 5% plus a restoration of the cost-of-living adjustments lost in 2021-2022. The adjustment in relation to the mid-point of the City’s Comps is illustrated in the table below: Proposed Revisions: 2025 Firefighter/ Paramedic Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 DeKalb $78,747 $84,526 $89,041 $93,796 $97,866 $102,201 $106,759 $111,887 Buffalo Grove $76,371 $81,894 $87,817 $94,165 $100,978 $108,704 $116,535 $124,934 Freeport $62,718 $68,978 $72,287 $75,714 $75,714 $77,741 $77,741 $77,741 Lake Zurich $75,046 $86,717 $92,460 $98,969 $105,096 $113,136 $113,136 $113,136 Lombard $79,618 $84,165 $89,971 $95,151 $100,954 $110,834 $110,834 $110,834 Morton Grove $81,959 $86,485 $95,216 $102,323 $107,952 $111,627 $111,627 $111,627 Park Ridge $88,102 $91,626 $95,291 $99,103 $103,067 $107,190 $111,477 $115,937 Rolling $77,168 $85,935 $93,299 $100,667 $108,033 $115,399 $115,399 $115,399 Meadows Villa Park $77,404 $86,255 $91,597 $96,941 $102,277 $107,617 $107,617 $107,617 Wheeling $85,093 $94,408 $99,648 $110,123 $115,623 $121,539 $121,539 $121,539 Avge $78,223 $85,099 $90,663 $96,695 $101,756 $107,599 $109,266 $111,065 DeKalb vs Avge $524 -$573 -$1,622 -$2,900 -$3,890 -$5,398 -$2,507 $822  2026 and 2027: Run out the contract with a 2.5% step increase in 2026 and a 2.5% increase in 2027. As the Council will recall, after 2027 the City’s debt service starts to fall off, with about a $400,000 decrease in General Fund debt payments from 2028 through 2030, and a $1.4 million decrease in General Fund debt payments per year after 2030. The fiscal impact of the proposed wage package averages $584,019 over the next four years, including 18 new firefighter/paramedics (nine in 2024, three in 2025, three in 2026, and three in 2027) to meet the staffing requirements for Station #4. The fiscal impact of the recent FOP wage package is $440,464 per year over the next three years, including a commitment to three more Officers in 2024. Unlike Local 1236, the DeKalb FOP opened negotiations earlier this Fall just below the top (#2) among its dozen Comps. A key consideration in any compensation increase in relation to comparable cities in northern Illinois is the impact on both recruitment and the retention of current Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 27, 2023 Page 6 of 9 employees. The parties believe the proposed adjustments over the next four years will strengthen DeKalb’s competitive position. Other Negotiated Points Aside from the economics described above, the only significant non-economic change in the proposed contract is the increase in the residency “diameter” to match that negotiated by the FOP (40 miles). The norm has become two-earners in firefighter/paramedic families, and it is more typical that the spouse is working to the East where opportunities are more various and abundant. To the north, the radius from Station One on N. Seventh Street stops at the Illinois border. On December 2 the membership of Local 1236 met to review and discuss the proposed collective bargaining agreement and voted to approve the agreement. City Council approval is recommended. (click here for additional information) K. ORDINANCES – SECOND READING 1. Ordinance 2023-054 Adopting the City of DeKalb Annual Budget and Non- Bargaining Unit Pay Plan for the Fiscal Year Beginning January 1, 2024, and Ending December 31, 2024. City Manager’s Summary: At the last regular City Council meeting of November 27, the Council held a public hearing on the City’s proposed fiscal year budget for FY2024, and also considered the proposed FY2024 Budget on first reading only. The first public presentation of the key assumptions behind the FY2024 City Budget occurred at the joint meeting of the Council and the FAC on August 14. With the guidance from that meeting, the City Manager and City staff prepared detailed department-level spending projections for a more extensive FAC discussion on October 16, at which time the FAC forwarded a City property tax levy recommendation for Council review. The complete FY2024 Budget document was reviewed in a joint meeting of the Council and FAC on November 20. The attached document, which has been posted for public viewing, contains minor revisions that grew out of that joint meeting. The FY2024 City Budget comprises 29 funds (including the Library Fund) with a total projected fund balance of $210,961,091 on 12/31/2024 (see p. 17 of the proposed Budget). City Council approval on Second Reading is recommended. (click here for additional information) L. ORDINANCES – FIRST READING 1. Ordinance 2023-056 Opting Out of the Illinois Paid Leave for All Workers Act. City Manager’s Summary: As the attached memorandum from City Attorney Matthew Rose explains, the proposed ordinance provides for the City’s “opt-out” of the Paid Leave for All Workers Act, 820 ILCS 192/1, et seq. (the “Act”). It also affirms that the City strongly stands by its existing paid leave policies under the City’s personnel manual and the leave policies negotiated collaboratively through the collective bargaining process over the years. The agreements that have resulted from those collective bargaining processes constitute, in effect, the City’s “paid leave ordinance” under the Act. In its 2023 regular session, the Illinois state legislature acted to extend basic paid leave rights to workers across nearly the entire range of labor positions in the state. While prompted by Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 27, 2023 Page 7 of 9 good intentions, the “Paid Leave for All Workers Act” did not adequately take into account the impact of the Act on public and private entities that already had negotiated wage agreements detailing paid leave benefits. On January 1, 2024, the Act takes effect and requires most Illinois employers, including municipalities, to give their part-time and full-time employees one hour of paid leave per 40 hours of work up to 40 hours of paid leave per year at the employees’ regular hourly rate of pay. Employees can take the paid leave for any reason. Employees may use the paid leave before any other leave provided by the employer; and employers cannot require that employees provide proof of the reason for the paid leave [820 ILCS 192/15(e)]. The Act also imposes various recordkeeping, notification, and payout requirements on employers. Significantly, the Act leaves up to interpretation whether its provisions can be considered “on top of” already negotiated paid leave benefits in home rule cities such as DeKalb. In the recent “veto session” of the legislature, the Illinois Municipal League failed to remove home rule communities from the impact of the Act, although their collective bargaining agreements often exceed the benefits identified in the Act. A case in point: the City of DeKalb gives paid leave for its full-time employees well in excess of the Act’s minimum requirements. Notably, the Act contains several exceptions. Park Districts and School Districts are exempt from the Act. During the recent legislative veto session, The Illinois Municipal League along with municipalities and other units of local government sought to be exempted from the Act, but the legislature failed to support this exception. The Act also appears to exempt employees covered by collective bargaining agreements that are in effect on January 1, 2024. For collective bargaining agreements that expire after January 1, 2024, the Act’s requirements can be waived via collective bargaining, but the waiver must be “set forth explicitly in such agreement in clear and unambiguous terms.” If collective bargaining units do not waive the Act’s requirements, it may be claimed that the City must comply with the Act’s minimum paid leave requirements in addition to all other paid leave given under the collective bargaining agreements. But if the City “opts-out” of the Act’s requirements, the City is not prevented from negotiating additional paid leave in future agreements. In summary, the proposed ordinance recognizes that the City may “opt-out” of the Act’s requirements for three reasons: First, the Act does not specifically preempt home rule. Because (1) there’s no legislative preemption, and (2) the City’s provision of paid leave for its employees pertains to the City’s government and its broad range of jurisdiction, the City may lawfully adopt a superseding home rule ordinance that “opts-out” of the Act’s requirements. Second, Section 15(p) of the Act appears to allow any municipality, home rule or not, to adopt an ordinance which simply enacts the municipality’s existing paid leave policies so long as the municipality adopts the ordinance before January 1, 2024, and does not amend the ordinance or its paid leave policies. Third, the Act is an unfunded and nonexempt “personnel mandate” under the State Mandates Act, 30 ILCS 805/1, et seq. Because the State legislature failed to make the necessary appropriations to reimburse local governments for implementing the Act’s personnel mandate or expressly exempt the Act from the State Mandates Act, local governments should be relieved from the obligation of implementing the Act’s personnel mandate pursuant to Section 8(a) of the State Mandates Act. City Council approval on First and Second Reading is recommended. (click here for additional information) Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 27, 2023 Page 8 of 9 2. Ordinance 2023-057 Approving the Annexation of Certain Property Located at 830 W. Fairview Drive (Kishwaukee Water Reclamation District). City Manager’s Summary: On October 24, 2022, the City Council approved an intergovernmental agreement with the Kishwaukee Water Reclamation District (KWRD), which recognized the KWRD as a coequal unit of government. One of the provisions of that agreement was the anticipated annexation of an area at the southeast corner of Fairview Drive and S. Annie Glidden Road (north of I-88) known as the “South Slope.” This 21-acre parcel was once considered a potential home for an additional treatment facility. Pursuant to the 2022 intergovernmental agreement, KWRD has petitioned for the annexation and rezoning of the 21 acres. The parcel is surrounded by the City’s corporate limits. The Planning & Zoning Commission considered the rezoning request at its regular meeting of December 4. The appropriate zoning classification would be “GS” Government Sanitary District. This classification was established in May 2023 by the Council pursuant to the October 2022 intergovernmental agreement. The rezoning to “GS” would be accomplished by Ordinance 2023-058 (see below) if the Council approves the attached annexation ordinance. City Council approval is recommended. (click here for additional information) 3. Ordinance 2023-058 Approving the Rezoning of Parcels Owned by the Kishwaukee Water Reclamation District to the “GS” Government Sanitary District. City Manager’s Summary: The intergovernmental agreement between the City and the Kishwaukee Water Reclamation District that is referenced in Ordinance 2023-057 (above) also recognized that the KWRD properties within the city’s corporate limits had been variously zoned in a manner that conflicts with their ability to legally perform long-established sanitary treatment functions in such zoning classifications. For example, some KWRD properties are zoned “SFR-1” Single Family Residential, some are zoned “PD-R” Planned Development Residential, and one is zoned “HI” Heavy Industrial. The attached ordinance brings all KWRD parcels into a new “GS” Government Sanitary District as envisioned in the October 2022 intergovernmental agreement. The “GS” Government Sanitary District was formally created through an amendment to the City’s Unified Development Ordinance (UDO) in May 2023. The “GS” zoning allows as a permitted use all the KWRD operations and facilities, which are in turn rigorously regulated by the Illinois Environmental Protection Agency and other state and federal agencies. In effect, the “GS” district affords “coequal” jurisdiction in the same manner that NIU exercises its authority, although within the City’s corporate limits. Pursuant to the 2022 intergovernmental agreement, the City recently received a rezoning application for the seven parcels owned by the Kishwaukee Water Reclamation District (KWRD) after an extended process through which the parcels were appropriately platted and legally identified. The specific rezoning actions are identified by parcel, street address, and use in the following list:  From the “SFR2” Single-Family Residential District to the “GS” Government Sanitary District Address: 127 Buena Vista Drive / PIN#: 08-11-254-002 / Acres: 3.55 / Use: Lift Station.  From the “PD-R” Planned Development Residential District to the “GS” Government Sanitary District. Address: 1109 Sycamore Road / PIN#s: 08-14-402-017 and 08-14-402- 016 / Acres: 0.81 / Use: Vacant. Assistive services, including hearing assistance devices, available upon request. Regular Meeting Agenda November 27, 2023 Page 9 of 9  From the “PD-R” Planned Development Residential District to the “GS” Government Sanitary District. Address: 1301 Sycamore Road / PIN#: 08-14-252-021 / Acres: 47.18 Use: Sanitary Sewage Processing and Water Reclamation Plant.  From the “SFR1” Single-Family Residential District, upon annexation, to the “GS” Government Sanitary District. Address: 830 W. Fairview Drive / PIN#: 08-34-100-022 / Acres: 21.01 / Use: Vacant, Cell Tower.  From the “HI” Heavy Industrial District to the “GS” Government Sanitary District. Address: Generally along the north side of Harvestore Drive between S. First Street and Corporate Drive and legally described as PIN#s 08-34-100-029, 08-34-100-030, 08-34-300-053 and 08-34-300-054 / Acres: 86.17 / Use: Bio Solid Storage.  From the “PD-R” Planned Development Residential District to the “GS” Government Sanitary District. Address: 3155 Sangamon Road (Northwest corner of Bethany Road and Sangamon Road) / PIN#: 08-02-352-002 / Acres: 0.24 / Use: Lift Station.  From the “SFR1” Single-Family Residential District to the “GS” Government Sanitary District. Address: 150 W. Dresser Road (south side of W. Dresser Road between N. First Street and Daniel Drive) / PIN#: 08-11-350-019 / Acres: 0.09 / Use: Lift Station. The Planning & Zoning Commission considered the aforementioned rezoning on December 4 and voted 6 to 0 (Commissioner Becker was absent) to recommend approval of the petitioner’s request. City Council approval of the Planning & Zoning Commission recommendation is requested. (click here for additional information) 4. Ordinance 2023-059 Amending Ordinance 2023-053 Abating the 2023 Tax Levy for the Debt Service of the General Obligation Corporate Purpose Bonds of the City of DeKalb. City Manager’s Summary: The attached ordinance revises the amount to be levied and abated for the outstanding Library bonds by $4,611. The difference between the amount stated in Ordinance 2023-053 approved on November 27 and the attached ordinance was discerned in preparing revised debt service schedules prompted by the recent 2023 bond issuance. At the root of that revision is the difference between years and debt service cycles. In this instance, an interest payment to be made on January 1, 2024, will actually be paid before the end of fiscal year 2023, so the amendment will “true” up the expected obligation within the fiscal year. City Council approval on First and Second Reading is recommended. (click here for additional information) M. REPORTS AND COMMUNICATIONS 1. Council Member Reports. 2. City Manager Report. N. EXECUTIVE SESSION None. O. ADJOURNMENT REGULAR AGENDA PACKET – DECEMBER 11, 2023 Assistive services, including hearing assistance devices, available upon request.