DEKALB CITY COUNCIL AGENDA MAY 11, 2020 6:00 P.M.
DeKalb Municipal Building City Council Chambers Second Floor 200 S. Fourth Street DeKalb, Illinois 60115
REGULAR CITY COUNCIL MEETING
Please Note: On March 16, 2020, Illinois Governor JB Pritzker issued executive order 2020-07 which declared that during the duration of the Gubernatorial Disaster Proclamation pertaining to the coronavirus outbreak, “the provisions of the Open Meetings Act, 5 ILCS, requiring or relating to in-person attendance by members of a public body are suspended. Specifically, (1) the requirement in 5 ILCS 120/2.01 that ‘members of a public body must be physically present’ is suspended; and (2) the conditions in 5 ILCS 120/7 limiting when remote participation is permitted are suspended.” The executive order further states that when a public meeting is considered necessary by the governing body, “public bodies are encouraged to provide video, audio, and/or telephonic access to meetings to ensure members of the public may monitor the meeting, and to update their websites and social media feeds to keep the public fully apprised of any modifications to their meeting schedules or the format of their meetings due to COVID-19, as well as their activities relating to COVID-19.” The City of DeKalb has taken prudent steps to assure that virtual Council member attendance and public access are assured within the intent of the Governor’s executive order.
Citizens wishing to view the meeting from home or elsewhere can tune in to Channel 14 or by following the link provided here.
Accommodations have been made for citizens to comment on a topic listed on the agenda (or a topic not listed on the agenda) by clicking on the link provided here. Comments will be read by the Mayor at the appropriate time during the meeting.
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF THE AGENDA
D. PUBLIC PARTICIPATION
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Regular Meeting Agenda May 11, 2020 Page 2 of 9
E. PRESENTATIONS
1. Proclamation: National Police Week, May 10 – 16, 2020.
2. Proclamation: National Emergency Medical Services (EMS) Week, May 17 – 23, 2020.
F. APPOINTMENTS
None.
G. CONSENT AGENDA
1. Minutes of the Regular City Council Meeting of April 27, 2020.
2. Accounts Payable and Payroll through May 11, 2020 in the Amount of $2,188,285.65.
3. FY2020 Human Services Funding First Quarter Report.
4. Hospitality Recovery Program Update. Estimates of the impact of the COVID-19 pandemic on City finances are provided in detail in the Committee of the Whole agenda. Once the restaurant/bar sales for April are known, a template will be used to track actual sales and related tax obligations going forward. The first $3,000 in taxes collected from actual sales at a particular establishment during the period April 1 through December 31 are forgiven.
H. PUBLIC HEARINGS
None.
I. CONSIDERATIONS
1. Consideration of the Prevailing Wage Standard for Tax Increment Financing Assistance to Private Developments.
City Manager’s Summary: The City of DeKalb annually approves a prevailing wage ordinance pursuant to state statute that governs the wages that a contractor or subcontractor is required to pay to all laborers, workers and mechanics who perform work on public works projects. According to the most recent guidance from the Illinois Department of Labor (see attached), a private project that is funded by tax increment financing is not covered by the Illinois Prevailing Wage Act. However, if the City were to perform public works that are funded by TIF funds, the contractors receiving TIF monies in behalf of the City would be subject to the Act.
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Regular Meeting Agenda May 11, 2020 Page 3 of 9
An Appellate Court opinion in 2009 held that TIF increment was not “public funds,” and that its use for private redevelopment was not subject to the prevailing wage act.
Nevertheless, the City may require private parties to pay prevailing wages as part of TIF development agreements with those private parties. To date, the Council has not done so. Mark Guethle, the Director of Governmental Affairs and Business Agent for Painters District Council #30 has asked if the Council would be willing to consider requiring prevailing wages on TIF-funded private projects notwithstanding the Illinois Department of Labor guidance.
City Council direction is requested.
2. Consideration of the Transfer of Road Jurisdiction to DeKalb Township in Several Locations.
City Manager’s Summary: Craig Smith, the DeKalb Township Highway Commissioner, has requested the Council’s consideration of the de-annexation of three short road sections presently within the City’s corporate limits, but connected to the Township’s road jurisdiction. The City Manager would not recommend de-annexing any buildable parcels within the city limits, especially in these times of fiscal constraint. However, the road areas in question are not “buildable,” their removal would not cause an irreversible loss in contiguity with currently developable parcels, and the proposed transfer in authority would be of mutual advantage. The Township would take on about 1.59 road miles (roughly 12.72 acres of right of way) that are in need of maintenance. For the Township, which builds EAV and its property tax by the addition of road mileage, this is advantageous, especially at a time when the City is expanding and will assume road jurisdiction in our industrial-zoned areas (e.g. portions of Gurler Road).
The three road sections are described in the attachments. Maps are provided to highlight the locations, along with the description of the adjacent parcels, whether the adjacent parcels are annexed or not, and their most recent City tax contribution. The only adjacent parcel with a significant tax contribution is the Market Square Cinema, which touches a small strip of County Farm Road. This parcel would not be de-annexed, as it would remain contiguous to the City’s larger jurisdiction over the Market Square shopping center.
County Engineer Nathan Schwartz has estimated that the asphalt re-surfacing of the three small road sections in the next five years would cost about $590,000.
If the Council is supportive, the City Manager can bring back an ordinance which formally cedes jurisdiction to the DeKalb Township Road District, with
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Regular Meeting Agenda May 11, 2020 Page 4 of 9
mutually agreeable language that provides for a reversal of this jurisdictional transfer to effectuate adjacent land development.
City Council direction is recommended.
3. Consideration of the Municipal Code Chapter 35 “Towing Policy”.
City Manager’s Summary: At the regular City Council meeting of April 13, Council Member Mike Verbic recommended a Council review of the City’s towing policies, which are codified in the DeKalb Municipal Code, Chapter 35, “Towing Policy. There was particular Council support for a review of the standing policies for the consideration of grievances brought by competing towing companies as well as customers.
Background The City of DeKalb has been regulating towing operations within the corporate limits since June 1984, and Chapter 35 has been amended 17 times since the first regulations were established.
Chapter 35 regulates two kinds of tows:
a) Police Tows. There are a variety of circumstances in which the Police or a City department need to have a vehicle relocated including, but not limited to, the following:
. A vehicle is illegally parked on a posted road after two inches or more of snow have fallen, hampering snow removal efforts;
. A vehicle is illegally parked on a parade route that is well-marked with cones or temporary signage;
. A vehicle is lawfully parked on a public street but its location hinders effective firefighting operations;
. A vehicle is inoperable after an accident and is blocking the road;
. A vehicle needs to be impounded as part of a Police investigation;
. A vehicle has ten or more unpaid parking violations;
. A driver is arrested after operating a vehicle with a suspended or revoked license.
Police tows are frequent and routine and provide steady income for the licensed towing firms that are on the Police tow rotation. Under the present ordinance, the Police Chief has exclusive authority over the approval of the
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Regular Meeting Agenda May 11, 2020 Page 5 of 9
tow rotation list used by the Police department and other City departments. With the help of other members of the Police department, the Chief reviews rotation list applications, checking for the appropriate insurance coverages; the location and adequacy of the secure lot required for the short-term storage of impounded vehicles; adequate communication equipment operated by the tow applicant to assure communication between drivers and other employees; and – most important – driver experience and any prior illegal acts or negative interaction with Police. The Chief also reviews and approves a standard fee list for the Police tow rotation. b) Private Property Relocations. Chapter 35 also defines the approved practices for the relocation of vehicles from private property—most typically parking lots serving apartment complexes or commercial strip centers. Private property owners may employ commercial vehicle relocators to remove vehicles from off-street parking spaces or unapproved surfaces (e.g. private lawns) if the relocators provide the following:
. Appropriate, readable signage which warns the driver that unauthorized parking in certain locations may result in a private tow;
. A city-approved relocation compound that meets the City’s zoning requirements;
. Appropriate insurance for damage to property and persons;
. Appropriate dollies and other apparatus to assure that towed vehicles are not damaged;
. Information attesting to the safe and operable condition of the tow vehicle(s);
. Information affirming that the applicant is “fit, willing and able to properly perform the service proposed and to conform to provisions” of Chapter 35.
Upon the satisfaction of these and related provisions, the Chief issues or renews a relocator’s license.
It is important to note that a relocator can operate as a private property relocator – if lawfully licensed – without being on the Police tow rotation.
Areas of Dispute The possible frictions that might arise from the consistent enforcement of the Towing Ordinance are many, but they essentially boil down to the following categories:
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Regular Meeting Agenda May 11, 2020 Page 6 of 9
a) Disputes Between Towing Personnel and Unhappy Customers. It should be no surprise that when a vehicle is hooked and removed, the vehicle’s driver or owner will not be pleased--whether or not the tow was legal and authorized. This is particularly the case when the driver or owner does not have the money to get the vehicle released from its impoundment, or is without help to get to the impound location, or is under the influence of alcohol. A further aggravation is often connected with the fact that additional charges are authorized for the release of vehicles after regular business hours, on weekends, and on legal holidays.
b) Disputes Between Towing Companies. The market for private property relocations is static because the number of private parking lots is not elastic. Police tows provide important revenue and are much coveted. Claims and counter-claims from competing firms are common because the fewer the number of authorized firms on the Police tow rotation, the greater the potential revenue shares.
Dispute Resolution Over the 35-plus years since the towing ordinance was first established, the Chief of Police has by ordinance been in the middle of most towing disputes and resolutions. It is a thankless task.
a. License Suspension/Private Relocator. In the event that the Chief of Police believes there is sufficient reason to temporarily suspend a license owing to substantial or repeated violations of Chapter 35, an appeal can be made by the relocator to the City Manager, in writing, within 10 business days of the Chief of Police’s decision. The City Manager can then hold an administrative hearing to consider the suspension.
b. Denial of License Renewal/Private Relocator. Likewise, if the Chief of Police believes there is sufficient reason to deny the renewal of a private relocation license, an appeal can be made in writing within ten days to the City Manager for review and, if requested, an administrative hearing will be held.
c. Suspension or Denial of Tow Rotation Privileges. The Police Chief in his or her “sole and absolute discretion” may suspend or remove any company from the tow rotation based on the performance of the Company or its employees. Any such removal may be appealed to the City Council in writing within 30 days of the issuance of the Police Chief’s notice of suspension or removal. Inclusion on the Police tow list is not a property right and there is no expectation of continuing service by virtue of inclusion on the list. The City Manager has no role, by ordinance, in this process.
Recommendation To be consistent with our enforcement chapters in the Municipal Code, Chapter 35 should have an appeal process that has three levels: the Police Chief, the
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Regular Meeting Agenda May 11, 2020 Page 7 of 9
City Manager, and ultimately the City Council. This laddered process obviously conforms to the provisions of Chapter 3 of the Municipal Code, which establish the City Manager’s authority over City operations, but the City Council’s final authority over public policy and over the performance of its chief operating officer. While it is not good public policy to have the City Manager or the City Council involved in remedying minor disputes that arise each week, when the life of a business is in question because of a pending license suspension or revocation there is arguably the need for an appeal process that can take the grievant to the level of the City Council if an appeal is not resolved to the mutual agreement of the parties at the department head’s level, or by the City Manager.
City Council direction is requested.
J. RESOLUTIONS
1. Resolution 2020-037 Approving an Auditorium Liquor License for Preservation of Egyptian Theatre (P.E.T.), Inc., d/b/a Egyptian Theatre, 135 N. 2nd Street.
City Manager’s Summary: On April 27, the City Council approved an amendment to the Dekalb Municipal Code, Chapter 38, “Intoxicating Liquors,” to create an “Auditorium license classification. Among the key provisions of the new license category were the following:
. The entity must have fixed seating containing between 1,000 and 2,000 fixed seats;
. No package sales are allowed;
. The sales shall occur in the auditorium area and all lobby areas where the general public has access;
. The sale of liquor shall occur within a period of time that coincides with the admittance of the general public to an event and shall end thirty (30) minutes before the end of the event held within the premises;
. Containers used to serve alcoholic drinks must be clearly distinguishable from those used to serve non-alcoholic beverages;
. A patron may not be served more than two drinks at a time;
. All patrons shall be carded if they are suspected to be under the age of twenty-one years; and
. No alcoholic beverages may be taken beyond the exits of the premises.
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Regular Meeting Agenda May 11, 2020 Page 8 of 9
The Egyptian Theater has applied for a liquor license under the new classification. The license has been vetted by the City staff and is recommended for the Council’s consideration and approval.
City Council approval is recommended.
2. Resolution 2020-038 Authorizing an Agreement for Construction Phase Engineering Services with Crawford, Murphy & Tilly for the Relocation and Replacement of the Existing NAVAID Units on Runway Ends 2, 20, and 27 (IL Project DKB-4556).
City Manager’s Summary: Crawford, Murphy & Tilly has been performing engineering services in behalf of the DeKalb Taylor Municipal Airport since the 1990s and is working with federal aeronautics officials and our lobbyist, the Daley Group, to secure funding for a number of Airport projects listed on the Airport’s FY2020-2024 Transportation Improvement Plan. One of those projects is the third and last phase of a long-held plan to replace the existing Visual Approach Slope Indicators (VASI units) of Runway ends 2, 20, and 27 with Precision Approach Path Indicators (PAPI units).
The contract with Crawford, Murphy & Tilly in the amount of $79,000 includes the federally-required project supervision for this scheduled upgrade. The local cost will be $3,950; the state cost will be $3,950; and the federal cost will be $71,100. The City’s local share is budgeted in Fund 260 (TIF #1 260-00-00- 83900).
City Council approval is recommended.
K. ORDINANCES – SECOND READING
None.
L. ORDINANCES – FIRST READING
1. Ordinance 2020-031 Authorizing an Effective Electrical Utility Tax Rate for Electricity Used or Consumed by Ventus Tech Services, LLC (Project Ventus).
City Manager’s Summary: The City Council’s approval of the Ventus Annexation and Development Ordinance on April 27 requires approval of a fee threshold and rate appropriate to the Company’s extraordinary, consistent and controlled electrical usage.
In the spring of 2019, the state legislature enacted data center legislation that exempted data centers from utility taxes on electrical and natural gas usage. Local municipal utility taxes were not exempted. The DeKalb Municipal Code
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Regular Meeting Agenda May 11, 2020 Page 9 of 9
establishes a structured fee schedule for all users. The schedule’s 10 tiers charge 0.61 cents (0.0061) per kilowatt hour for the first 2,000 kilowatt hours used in a month and 0.32 cents (0.0032) per kilowatt hour for usage in excess of 20,000,000 kilowatt hours per month. Across all current residential, commercial, and industrial users, the FY2020 City Budget estimates a total of $1,718,326 in municipal utility taxes for electrical usage.
When fully energized, the company’s monthly kilowatt usage will exceed the top tier of the City’s utility tax schedule. During the construction phases, the company will pay the electrical utility taxes required by the current fee schedule. Two years after the date that the company’s facilities are fully energized, the company is committed to an annual payment of $125,000 for its electrical energy usage, or a rate of 0.00045 per kilowatt hour, whichever is greater.
It should be noted that the company is committed to investing in alternative energy sources including solar panels, wind energy, and geothermal cooling within the power “grid” serving the City of DeKalb and the larger surrounding region.
City Council approval is recommended. Ventus Tech Services has requested approval on both readings.
M. REPORTS AND COMMUNICATIONS
1. Council Member Reports
2. City Clerk Report
3. City Manager Report
N. EXECUTIVE SESSION
1. Approval to Hold an Executive Session in Order to Discuss Personnel as Provided for in 5 ILCS 120/2(c)(1).
O. ADJOURNMENT
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers.
MINUTES CITY OF DEKALB REGULAR CITY COUNCIL MEETING APRIL 27, 2020
The City Council of DeKalb, Illinois held a Regular City Council meeting on April 27, 2020, in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois.
A. CALL TO ORDER AND ROLL CALL
Mayor Smith called the meeting to order at 6:00 p.m.
Mayor Smith announced the elected persons who were participating remotely by phone due to COVID-19 concerns. They were: Alderman Carolyn Morris, Alderman Tracy Smith, and City Clerk Lynn Fazekas.
City Clerk Fazekas called the roll, and the following members of City Council were present remotely (as identified above) or in person: Alderman Carolyn Morris, Alderman Bill Finucane, Alderman Tracy Smith, Alderman Greg Perkins, Alderman Scott McAdams, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Jerry Smith.
Staff present included: City Manager Bill Nicklas.
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
Mayor Smith led the Pledge. Mayor Smith then led a moment of silence for the passing of former Third Ward Alderman Gary Wiggins.
C. APPROVAL OF THE AGENDA
Mayor Smith asked for a motion to approve the agenda with a change in the order of business, specifically to consider the ordinances following the public hearing.
MOTION Alderman Finucane moved to approve the agenda as proposed. Alderman Verbic seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Morris, Finucane, Smith, Perkins, McAdams, Verbic, Faivre, Mayor Smith. Nay: none.
D. PUBLIC PARTICIPATION
City Council Regular Meeting Minutes April 27, 2010 Page 2 of 12
Alderman Finucane read a comment submitted by John Pappas, in which Mr. Pappas thanked first responders and recognized the loss of lives of police officers and fire fighters in service to the public.
Jerry Krusinski, who commented in person, spoke in support of Project Ventus and commended the organizations and taxing bodies involved.
Mayor Smith read a comment submitted by Mike Embrey, who commended community response to the current crisis, including assistance both from and for small businesses.
E. PRESENTATIONS
1. Proclamation: International Firefighter’s Day – May 4, 2020.
Mayor Smith read the proclamation and said he would forward it to Fire Chief McMaster.
2. Proclamation: A Community Combats COVID.
Mayor Smith read the proclamation and said it is available at the City’s website also.
F. APPOINTMENTS
Mayor Smith made no appointments during this meeting.
G. CONSENT AGENDA
1. Minutes of the Regular City Council Meeting of April 13, 2020.
2. Accounts Payable and Payroll through April 27, 2020 in the Amount of $2,426,849.14.
3. Investment and Bank Balance Summary through February 2020.
4. Year-to-Date Revenues and Expenditures through February 2020.
5. Freedom of Information Act (FOIA) Report – March 2020.
Mayor Smith read the consent agenda and asked if Council members wanted to remove any of the items for separate consideration. There were no such requests.
MOTION Alderman Perkins moved to approve the consent agenda. Alderman Faivre seconded.
City Council Regular Meeting Minutes April 27, 2020 Page 3 of 12
VOTE Motion carried 8-0 on roll call vote. Aye: Finucane, Smith, Perkins, McAdams, Verbic, Faivre, Morris, Mayor Smith. Nay: none. Mayor Smith declared the consent agenda passed as presented.
H. PUBLIC HEARINGS
1. Public Hearing Regarding the Vacation of a Portion of Crego Road.
Mayor Smith read the subject of the public hearing and opened the hearing at 6:27 p.m.
Alderman Perkins read a comment submitted by Mike Hammett of Crego Road. In it, Mr. Hammett said he would argue the timing of the vacation. He pointed out that Crego Road carries significant traffic, including agricultural shipments and visitors to Afton Forest Preserve. He said a significant amount of time could pass without accessibility to Crego before the new road to the east would be finished, and he called the new road “an incredibly worse option than the existing road.”
Scott McAdams read a comment submitted by Ron Naylor, who lives in the Fifth Ward. Mr. Naylor said he supports the Ventus Project generally, except for the transportation elements, particularly the Crego Road vacation and what he called “the sketchy new road extensions east of the site.” He also said he opposes the termination of Peace Road at Gurler Road, saying another site could be found that does not eliminate the future extension of Peace, which he called a “major regional arterial road.” Mr. Naylor called for Council to postpone final action and suggested a separate public hearing be scheduled on termination versus southerly extension of Peace Road.
City Manager Nicklas defended the choice of site, saying it requires security and that Crego is a minor township road. Mr. Nicklas said the county does not have plans to extend Peace Road and the proposed new road would be closer to Peace Road. He added that owners of neighboring properties are mostly okay with the plan.
Finding that no one else wished to speak, Mayor Smith closed the hearing at 6:31 p.m.
I. CONSIDERATIONS
1. Consideration of a Revised Staff Proposal for Street Maintenance in the City of DeKalb in Fiscal Year 2020.
City Manager Nicklas explained proposed changes to the schedule. He said the recommended option is “B,” which involves bringing the option back to Council for approval for a waiver of bidding on a supermajority vote. City Council Regular Meeting Minutes April 27, 2010 Page 4 of 12
Mayor Smith obtained consensus for “Option B” to be brought back. He then reminded Council that to bring “Option B” to the table, Council must first reject Resolution 2020-034 and Resolution 2020-035 (below).
J. RESOLUTIONS
1. Resolution 2020-034 Authorizing the Award of a Bid to Curran Contracting Company in the Amount of $1,573,616.64 for Street Resurfacing on Seventh Street, Thirteenth Street and Fourteenth Street, Including Various Other Minor Segments, with Staff Authority to Approve Change Orders Up to a Combined Project Total of $1,600,000.
Mayor Smith read the resolution by title only.
MOTION Alderman Finucane moved to vote affirmatively on a motion to disapprove Resolution 2020-034 and Resolution 2020-035 in omnibus form. Alderman Verbic seconded.
Upon advice of counsel, who suggested a vote to approve the resolutions separately, the aldermen withdrew their motion and second.
MOTION Alderman Finucane moved to disapprove Resolution 2020-034. Alderman Verbic seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Perkins, McAdams, Verbic, Faivre, Morris, Finucane, Smith, Mayor Smith. Nay: none. Mayor Smith declared the resolution disapproved.
2. Resolution 2020-035 Authorizing an Addendum for Engineering Services with Fehr Graham & Associates, LLC for the 2020 General Street Maintenance Program as Part of the 2019 Three-Year Services Agreement, with a Fee for FY2020 Not to Exceed $210,000.
MOTION Alderman Finucane moved to disapprove the resolution. Alderman Perkins seconded.
VOTE City Council Regular Meeting Minutes April 27, 2020 Page 5 of 12
Motion carried 8-0 on roll call vote. Aye: McAdams, Verbic, Faivre, Morris, Finucane, Smith, Perkins, Mayor Smith. Nay: none. Mayor Smith declared the resolution disapproved.
3. Resolution 2020-036 Approving a Restaurant/Bar Liquor License for Pete’s Place, Inc., d/b/a Glidden Hill Grill, 930 Pappas Drive.
Mayor Smith read the resolution by title only.
MOTION Alderman McAdams moved to approve the resolution. Alderman Faivre seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Verbic, Faivre, Morris, Finucane, Smith, Perkins, McAdams, Mayor Smith. Nay: none. Mayor Smith declared the resolution passed.
K. ORDINANCES – SECOND READING
1. Ordinance 2020-023 Approving an Annexation and Development Agreement with Ventus Tech Services, LLC (Project Ventus).
Mayor Smith read the ordinance by title only.
MOTION Alderman Finucane moved to approve the ordinance. Alderman McAdams seconded.
Mayor Smith read a comment submitted by Paul Callighan of the DeKalb County Economic Development Corporation (DCEDC) in support of the project, talking about the long-term potential including expansion of the tax base and good jobs. Speaking also in the context of his history with ComEd, Mr. Callighan assured there is ample electrical capacity for this endeavor.
Mayor Smith read comments submitted by Jerry Wahlstrom and Sue Elsner in support of Project Ventus, which stated there is a need to create a demand for high-end homes the community lost to Sycamore during the Great Recession.
Mayor Smith read a comment submitted by Paul Borek of DCEDC that recommended approval of the proposed zoning and annexation, noting use, abundant water capacity and location. He also spoke in support of the proposal to vacate a portion of Crego Road.
Alderman Verbic read a comment submitted by NIU President Lisa Freeman and NIU Vice President Gerald Blazey in support of the project and rezoning, pointing specifically City Council Regular Meeting Minutes April 27, 2010 Page 6 of 12
to diversification of the local economy, encouragement of employees to live locally, and creation of opportunities for entrepreneurial activities, partnerships, mutual collaboration, and high-wage jobs.
Matt Swanson, speaking in person, identified himself as living on Lynch Road near the project and as president of the DeKalb County Building & Construction Trades Council (DCBT) which he said represents 17 local unions. Mr. Swanson spoke in support of the project for the construction jobs it would create in building it and the well-paying jobs coming after it is built.
Lance McGill identified himself as a local resident and a representative of Operating Engineers Local 150. He said he is in favor of the project and would like to see the empty lots in his neighborhood become occupied.
City Manager Nicklas detailed the process, including the public hearing, first reading of the ordinance, and approvals by Planning & Zoning Commission and the taxing bodies participating in the Enterprise Zone. He also confirmed there are no residents on Crego Road within the subject site. He said residents of farms east of Crego like the proposal, especially the possibility of running utilities like water and fiber to that area.
VOTE Motion carried on 8-0 roll call vote. Aye: Smith, Perkins, McAdams, Verbic, Faivre, Morris, Finucane, Mayor Smith. Nay: none. Mayor Smith declared the ordinance passed.
L. ORDINANCES – FIRST READING
1. Ordinance 2020-025 Approving the Annexation of Certain Property to the City of DeKalb (Project Ventus).
Mayor Smith read the ordinance by title only.
MOTION Alderman Verbic moved to pass first reading. Alderman McAdams seconded.
City Manager Nicklas gave an overview of the subject property.
VOTE Motion carried 7-0-1 on roll call vote. Aye: Perkins, McAdams, Verbic, Faivre, Morris, Finucane, Mayor Smith. Nay: none. Absent: Alderman Smith.
MOTION City Council Regular Meeting Minutes April 27, 2020 Page 7 of 12
Alderman Morris moved to waive second reading and approve the ordinance. Alderman Finucane seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: McAdams, Verbic, Faivre, Morris, Finucane, Smith, Perkins, Mayor Smith. Nay: none. Mayor Smith declared the ordinance approved.
2. Ordinance 2020-026 Approving the Zoning Petition of Ventus Tech Services, LLC to Rezone Certain Property to “PD-I” Planned Development Industrial, and to Approve Plans and Plat of Subdivision for the Development of an Approximately 970,000 Square Foot Data Center and Accessory Uses with an Option to Develop Additional Data Center Buildings and Associated Developments, and Approving the Zoning Petition of the City of DeKalb to Authorize Text Amendments to Chapter 23 “Unified Development Ordinance” of the Municipal Code of the City of DeKalb to Add “Data Center” into the List of Permitted Uses Allowed within the City’s Industrial Zoning Districts (Project Ventus).
Mayor Smith read the ordinance by title only.
MOTION Alderman Finucane moved to approve first reading. Alderman Perkins seconded.
City Manager Nicklas noted the final plan depicts multiple phases and road improvements, and that Planning & Zoning Commission recommended approval.
VOTE Motion carried 8-0 on roll call vote. Aye: Verbic, Faivre, Morris, Finucane, Smith, Perkins, McAdams, Mayor Smith. Nay: none. Mayor Smith declared passage of first reading.
MOTION Alderman Finucane moved to waive second reading and approve the ordinance. Alderman McAdams seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Faivre, Morris, Finucane, Smith, Perkins, McAdams, Verbic, Mayor Smith. Nay: none. Mayor Smith declared the ordinance passed.
3. Ordinance 2020-027 Vacating a Certain Portion of Crego Road in the City of DeKalb (Project Ventus).
Mayor Smith read the ordinance by title only. City Council Regular Meeting Minutes April 27, 2010 Page 8 of 12
MOTION Alderman Faivre moved to approve first reading. Alderman Verbic seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Morris, Finucane, Smith, Perkins, McAdams, Verbic, Faivre, Mayor Smith. Nay: none. Mayor Smith declared the passage of first reading.
MOTION Alderman Finucane moved to waive second reading and approve the ordinance. Alderman Morris seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Finucane, Smith, Perkins, McAdams, Verbic, Faivre, Morris, Mayor Smith. Nay: none. Mayor Smith declared the ordinance passed.
4. Ordinance 2020-028 Authorizing Amendments to Ordinance 2019- 004 to Modify Setbacks and Other Provisions, and to Approve a Final Plat of Resubdivision for the Northland Plaza Shopping Center on Sycamore Road (B33 Northland Plaza, LLC).
Mayor Smith read the ordinance by title only.
The mayor confirmed that the resubdivision was approved unanimously by Planning & Zoning Commission.
MOTION Alderman McAdams moved to approve first reading. Alderman Faivre seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Smith, Perkins, McAdams, Verbic, Faivre, Morris, Finucane, Mayor Smith. Nay: none. Mayor Smith declared passage of first reading.
MOTION Alderman Verbic moved to waive second reading and pass the ordinance. Alderman Faivre seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Perkins, McAdams, Verbic, Faivre, Morris, Finucane, Smith, Mayor Smith. Nay: none. Mayor Smith declared the ordinance passed.
City Council Regular Meeting Minutes April 27, 2020 Page 9 of 12
5. Ordinance 2020-029 Approving a Special Use Permit for a Cannabis Business Establishment for an Adult Use and Medical Cannabis Dispensary at 818 W. Lincoln Highway (NuMed Partners, LLC).
Mayor Smith read the ordinance by title only.
MOTION Alderman McAdams moved to approve first reading. Alderman Verbic seconded.
Mayor Smith read a comment submitted by Ronald Grutter, who opposed granting the special use permit on moral grounds, saying having the store in a family-oriented area is wrong.
Mayor Smith read a comment submitted by Margaret Gormley asking for Council to oppose the permit due to concerns about asthma and nearby businesses visited by families, such as the laundromat.
Petitioner said customers include professors and other professionals, and that there is no smell. He also answered a question about traffic issues at other locales, saying the problem is too few dispensaries for the demand.
Alderman Smith voiced concern over the proximity of the proposed location to NIU.
VOTE Motion carried 7-1 on roll call vote. Aye: McAdams, Verbic, Faivre, Morris, Finucane, Perkins, Mayor Smith. Nay: Alderman Smith.
MOTION Alderman McAdams moved to waive second reading and approve the ordinance. Alderman Verbic seconded.
VOTE Motion carried 7-1 on roll call vote. Aye: Verbic, Faivre, Morris, Finucane, Perkins, McAdams, Mayor Smith. Nay: Alderman Smith. Mayor Smith declared the ordinance passed.
6. Ordinance 2020-030 Establishing an Active Special Service Area for Market Square (SSA 29).
Mayor Smith read the ordinance by title only.
MOTION City Council Regular Meeting Minutes April 27, 2010 Page 10 of 12
Alderman Smith moved to approve first reading. Alderman Verbic seconded.
City Manager Nicklas noted the City received no petition against the SSA, so it can move forward.
Aldermen discussed future consideration of SSAs for the Central Business District and as an automatic fallback for other developments where property owners are not taking care of their properties.
VOTE Motion carried 8-0 on roll call vote. Aye: Faivre, Morris, Finucane, Smith, Perkins, McAdams, Verbic, Mayor Smith. Nay: none. Mayor Smith declared passage of first reading.
MOTION Alderman Finucane moved to waive second reading and approve the ordinance. Alderman McAdams seconded.
VOTE Motion carried 8-0 on roll call vote. Aye: Morris, Finucane, Smith, Perkins, McAdams, Verbic, Faivre, Mayor Smith. Nay: none. Mayor Smith declared the ordinance approved.
7. Ordinance 2020-018 Amending Chapter 38 “Intoxicating Liquors”, Section 38.07 “Classifications of Liquor Licenses”, by Adding License Classification “Auditorium”, and Amending Section 38.08 “Term of Licenses and License Fees”. (Postponed from the 3/23/20 Regular meeting.)
Mayor Smith read the ordinance by title only.
MOTION Alderman Faivre moved to approve first reading. Alderman Perkins seconded.
City Manager Nicklas said there would be no package sales, and a limit of two drinks purchased at one time.
Council members discussed how these rules differ from those of the NIU Convocation Center, the proposed limit of one auditorium liquor license, and why movie theatres were not included in the proposal.
VOTE Motion carried 8-0 on roll call vote. Aye: Finucane, Smith, Perkins, McAdams, Verbic, Faivre, Morris, Mayor Smith. Nay: none. City Council Regular Meeting Minutes April 27, 2020 Page 11 of 12
MOTION Alderman Verbic moved to waive second reading and approve the ordinance. Alderman Finucane seconded.
Alderman Morris questioned why this ordinance and inclusion of movie theatres needed to be handled separately. Discussion between Mayor Smith and the executive director of the Egyptian Theatre, Alex Nerad, clarified construction was nearly complete, the theatre expected to be ready for events near the end of May, and that approving the ordinance that evening would be advantageous to the theatre.
It was also suggested during discussion that DeKalb’s liquor code requires significant amendments and this would present additional opportunities for consideration of expanding the ordinance.
VOTE Motion carried 8-0 on roll call vote. Aye: Smith, Perkins, McAdams, Verbic, Faivre, Morris, Finucane, Mayor Smith. Nay: none.
M. REPORTS AND COMMUNICATIONS
1. Council Member Reports
Alderman Morris announced she has begun sharing interviews with leaders of local non- profit organizations to her Facebook page, the first one with Don Littlefield discussing the resource phone number “211.”
Alderman Finucane said approval of the Ventus Project was a culmination of many efforts and he thanked individuals and organizations involved. The alderman announced the upcoming Give DeKalb 2020 event and reiterated COVID-19 precautions.
Alderman Perkins asked about addressing revenue and expense forecasts in upcoming meetings. The city manager said they would on May 11.
Alderman Verbic recognized DeKalb’s Jordan Glasgow and his brothers, who played for Michigan and now have been drafted by the NFL.
Mayor Smith said the City is doing what it can to keep businesses open. He asked for consensus on steps he is authorized to take, and has taken, as liquor commissioner when it comes to allowing restaurants to offer packaged liquor for sale with food. The mayor also announced the upcoming schedule of DeKalb County Community Garden’s GrowMobile stops in the county. City Council Regular Meeting Minutes April 27, 2010 Page 12 of 12
2. City Clerk Report
City Clerk Fazekas announced a phone conference of experts with state and local officials would be about COVID-19 and the November elections. She also talked about consequences of the October 2019 ordinance that removed authority from the clerk’s office, including the fact that she has not signed any document for several months even while keeping regular office hours. She questioned the sudden pressure on her to break quarantine to sign the Ventus Project paperwork in that context.
3. City Manager Report
City Manager Nicklas thanked the Ventus team. He introduced the new airport manager. He announced the second Committee of the Whole meeting in May would be Interim Police Chief John Petragallo’s last meeting, when he would present the department’s latest annual report. The city manager also announced the cancelation of the Memorial Day parade and the possible further postponement of the move to the new city hall.
N. EXECUTIVE SESSION PURSUANT TO 5 ILCS (120/2)
No executive session was authorized during this meeting.
O. ADJOURNMENT
MOTION Alderman Verbic moved to adjourn at 9:05 p.m. Alderman Faivre seconded.
VOTE Motion carried on majority voice vote. Mayor Smith declared adjournment at 9:05 p.m.
______LYNN A. FAZEKAS, City Clerk
AGENDA ITEM EXECUTIVE SUMMARY CITY COUNCIL MEETING: MAY 11, 2020 Bills List Fiscal Year Ending 12/31/2020
To: Ray Munch, Assistant City Manager
From: Beth Patrick, Account Tech II
Recommendation: Approval of the attached bills list.
Fund Department Totals 100 General Fund $ 115,808.18 200 Transportation Fund$ 10,707.05 210 Motor Fuel Tax Fund $ 259.47 280 CDBG Fund $ 25,069.52 400 Capital Projects Fund$ 4,229.10 420 Capital Equipment Replacement Fund$ 38,877.00 600 Water Fund $ 27,906.00 620 Water Capital Fund $ 2,956.35 650 Airport Fund $ 4,494.20 680 Refuse & Recycling Fund$ 146,698.89 700 Work Comp/Liability Insurance Fund$ 102,545.24 710 Health Insurance Fund$ 906,158.02
5/11/2020 Bills Payable$ 1,385,709.02
4/23/2020 Payroll $ 802,576.63
Total Payroll $ 802,576.63
Total Disbursements$ 2,188,285.65 City of DeKalb Invoice Report
Vendor Name GL Distribution Description Amount ACH Transaction CCMSI 700-00-00-69150 WORK COMP FUNDING REIMBURSEMENT-FEB 392.50 CCMSI 700-00-00-62200 WORK COMP FUNDING REIMBURSEMENT-FEB 578.27 CCMSI 700-00-00-69150 WORK COMP FUNDING REIMBURSEMENT-MAR 4,374.38 CCMSI 700-00-00-62200 WORK COMP FUNDING REIMBURSEMENT-MAR 4,214.07 CCMSI 700-00-00-69150 ADVANCED FUNDING PAYMENT-WC 59,354.59 CCMSI 700-00-00-62200 LEGAL SERVICES REFUND (308.05) CCMSI 700-00-00-38300 RECOVERY J057755 (1,752.00) CHARLES VERDONE 100-20-22-65300 REIMBURSE FOR NOTARY FILING FEE 5.00 Total: ACH Transaction $66,858.76
Paper Check ADVENTURE WORKS 100-00-00-22400 2020 UNIVERSITY VILLAGE SOCIAL SERVICES 8,461.99 AIRGAS USA LLC 100-25-28-52900 MEDICAL OXYGEN-041320 66.80 ALARM DETECTION SYSTEMS INC 650-00-00-63800 ALARM MONTITORING-MAY-JUL20 662.25 ALUMNI AWARD SERVICES 100-25-28-52800 NAME TAG-STOFFA 13.80 ALUMNI AWARD SERVICES 100-15-16-63000 RETIREMENT PLAQUES 160.00 AMERICAN PRINTING TECHNOLOGIES 600-00-00-63800 UTILITY BILLING - MAR 2020 721.00 AMERICAN PRINTING TECHNOLOGIES 600-00-00-63800 OUTER ENVELOPES 1,848.60 AMERICAN PRINTING TECHNOLOGIES 600-00-00-63800 SHUT-OFF NOTICE ENVELOPES 351.00 AMERICAN PRINTING TECHNOLOGIES 600-00-00-63800 FORM ALTERATIONS AND PROOF 50.00 AMERICAN PRINTING TECHNOLOGIES 600-00-00-63800 SHIPPING 152.74 ANDRES MEDICAL BILLING LTD 100-25-27-63800 AMBULANCE BILLING FEE - JAN 2020 5,082.32 ARAMARK UNIFORM SERVICES 100-30-32-63800 FLOOR MAT SERVICE-PD 102.65 ARCENIO CRUZ 100-30-32-63800 JANITORIAL SERVICE-4/13/20-4/19/20 660.00 ARCENIO CRUZ 100-30-33-61300 JANITORIAL SERVICE-4/13/20-4/19/20 60.00 ARCENIO CRUZ 600-00-00-61300 JANITORIAL SERVICE-4/13/20-4/19/20 60.00 ARCENIO CRUZ 650-00-00-61300 JANITORIAL SERVICE-4/13/20-4/19/20 45.00 ASCENT AVIATION GROUP INC 650-00-00-63800 MONTHLY SOFTWARE FEE 430.00 AUTOZONE 600-00-00-51500 SPARK PLUGS 4.48 AUTOZONE 100-30-33-51700 MASTER CYLINDER 74.09 AUTOZONE 100-30-33-51700 BRAKE CALIPERS 139.48 AUTOZONE 100-30-33-51700 BRAKE CALIPERS 150.64 AUTOZONE 600-00-00-51700 OIL PRESSURE SWITCH 12.67 BACKGROUNDS ONLINE 100-15-16-62900 EMPLOYMENT SCREENING 67.95 BOUND TREE MEDICAL LLC 100-25-28-52900 NEEDLES, TENSION PNEUMOTHORAX 46.24 BOUND TREE MEDICAL LLC 100-25-28-52900 INSTANT COLD PACKS 27.85 BOUND TREE MEDICAL LLC 100-25-28-52900 FILTERLINE SETS/SHARPS CONTAINERS 116.90 BRAD MANNING FORD INC 100-30-33-51700 SEAL/ELEMENT 22.53 BRAD MANNING FORD INC 100-30-33-51700 SCREEN 19.77 BRYAN FAIVRE 600-00-00-65400 REIMBURSEMENT FOR WATER OP LICENSE 10.00 BUTLER DRYWALL & PAINT SERVICE I 400-00-00-82000 LABOR & MATERIAL/PAINT 200 S 4TH 900.00 CDW GOVERNMENT INC 100-19-19-51600 HP TONER-CMO 159.19 CITY OF DEKALB 100-30-32-64000 SEWER CHARGES-12/23/19-02/21/20 99.85 CLEAN USA INC 100-20-21-61300 COVID-19 PREVENTATIVE CLEANING 375.00 CLEAN USA INC 400-00-00-82000 STRIP/SCRUB/RECOAT FLOORS 378.10 COMCAST 100-20-21-63800 CABLE SERVICE-4/21/20 TO 5/20/20 8.45 COMCAST 100-19-19-64600 COMCAST SERVICE 04/14/20-05/13/20 123.80 COMMONWEALTH EDISON 650-00-00-64100 ELECTRIC SERVICE-02/26/20-3/26/20 36.38 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-02/28/20-3/30/20 111.90 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-02/28/20-3/30/20 25.18 COMMONWEALTH EDISON 650-00-00-64100 ELECTRIC SERVICE-02/28/20-3/30/20 219.82 COMMONWEALTH EDISON 210-00-00-64100 ELECTRIC SERVICE-02/28/20-3/30/20 48.35 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-02/28/20-3/30/20 55.21 COMMONWEALTH EDISON 210-00-00-64100 ELECTRIC SERVICE-02/28/20-3/30/20 60.03 COMMONWEALTH EDISON 210-00-00-64100 ELECTRIC SERVICE-02/28/20-3/30/20 11.88 COMMONWEALTH EDISON 210-00-00-64100 ELECTRIC SERVICE-02/26/20-3/26/20 139.21 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-02/28/20-3/30/20 5.30 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 25.18 City of DeKalb Invoice Report
Vendor Name GL Distribution Description Amount COMMONWEALTH EDISON 650-00-00-64100 ELECTRIC SERVICE-02/28/20-3/30/20 195.69 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-03/02/20-3/31/20 19.87 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-03/02/20-3/31/20 175.59 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 745.93 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 57.85 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 37.37 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 44.69 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 53.10 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 18.60 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 44.78 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 20.98 COMMONWEALTH EDISON 100-30-32-64100 ELECTRIC SERVICE-3/2/20-3/31/20 24.46 COMMONWEALTH EDISON 650-00-00-64100 ELECTRIC SERVICE-3/4/20-4/2/20 27.25 CORE & MAIN LP 600-00-00-51996 VALVE BOX RISER 296.20 CORE & MAIN LP 600-00-00-51996 CLAMP 300.46 CRESCENT ELECTRIC SUPPLY COMPA 100-30-33-51997 BALLASTS 149.66 CRESCENT ELECTRIC SUPPLY COMPA 100-30-33-53300 TEST LEADS 28.23 CRESCENT ELECTRIC SUPPLY COMPA 100-30-32-51300 BULBS 65.75 CRESCENT ELECTRIC SUPPLY COMPA 100-30-32-51300 BOX/COVER 2.18 DC RECYCLING SYSTEMS 680-00-00-64300 2020 REFUSE REMOVAL SERVICES APR 2020 144,943.72 DC RECYCLING SYSTEMS 680-00-00-64300 2020 REFUSE REMOVAL SERVICES 1,640.00 DEKALB LAWN & EQUIPMENT CO INC 100-30-33-51700 WHEEL/TIRE ASSY-P33 516.88 DEKALB MECHANICAL INC 600-00-00-51300 PRESSURE SWITCH 33.98 DEKALB NAPA 100-20-21-51700 BATTERY FOR PD40 138.51 DEKALB NAPA 100-20-21-51700 CREDIT FOR BATTERY WARRANTY PD40 (76.93) DEKALB NAPA 100-20-21-51700 CREDIT FOR BATTERY EXCHANGE PD40 (18.00) DEKALB NAPA 100-25-28-51700 4 BATTERIES-E3 592.84 DEKALB NAPA 100-30-33-51700 BRAKE FLUID 16.58 DEKALB NAPA 600-00-00-51500 OIL/FUEL FILTERS 5.33 DEKALB NAPA 100-30-33-51700 OIL/FUEL FILTERS 10.47 DEKALB NAPA 100-30-33-51700 FUEL FILTERS 4.03 DEKALB NAPA 600-00-00-51500 FUEL FILTERS 4.04 DEKALB NAPA 650-00-00-51700 HOSES 148.40 DEKALB NAPA 650-00-00-51700 WARRANTY CREDIT (21.60) DEKALB NAPA 650-00-00-51700 FILTERS 73.92 DEKALB NAPA 650-00-00-51700 HOSES 226.40 DEKALB NAPA 100-30-33-51300 BELTS 20.10 DEKALB NAPA 600-00-00-51500 TUBING 39.10 DEKALB NAPA 100-30-33-53300 LEAD TEST KIT 45.99 DEKALB NAPA 100-30-33-53300 CREDIT-LEAD TEST KIT (45.99) DEKALB NAPA 100-30-33-53300 DRILL BITS 72.97 DEKALB NAPA 100-30-33-53300 HELICOIL 37.99 DEKALB NAPA 100-20-22-51700 OIL TREATMENT FOR PD STOCK 64.77 DEKALB NAPA 100-20-22-51700 OIL & FUEL TREATMENT FOR PD STOCK 146.43 DEKALB NAPA 100-25-28-51700 HEADLIGHT BULB-M2 9.94 DEKALB NAPA 100-25-28-51700 AIR PUMP RELAYS-M2 42.57 DEKALB NAPA 100-30-33-51700 LIFT SUPPORT 64.26 DEKALB PUBLIC LIBRARY 100-00-00-27900 PER PROP REPLACEMENT TAX MARCH 2020 8,386.81 DINGES FIRE COMPANY 100-25-28-52900 4 THERMOMETERS NO-TOUCH 400.00 DINGES FIRE COMPANY 100-25-28-54000 HEADBAND 55.00 ECOWATER SYSTEMS 100-15-12-63000 SPECIAL EVENT SERVICES 74.23 ELBURN RADIATOR & REPAIR 650-00-00-61700 RADIATOR REPAIR 700.00 ELEVATOR INSPECTION SERVICE WI L 100-30-32-65400 ELEVATOR INSECTION-164 ELH 245.00 ENVIRONMENTAL PRODUCTS & ACCES 600-00-00-53300 VACTOR TUBE 159.26 EQUIPMENT MANAGEMENT COMPANY 420-00-00-86000 FREIGHT-EXTRICATION TOOLS PER INV 57729 275.00 FEHR GRAHAM ENGINEERING 100-30-31-62300 CITY ENGINEER CONTRACT SERVICES 9,469.67 FEHR GRAHAM ENGINEERING 600-00-00-62300 CITY ENGINEER CONTRACT SERVICES 4,371.00 FEHR GRAHAM ENGINEERING 650-00-00-62300 CITY ENGINEER CONTRACT SERVICES 728.00 FERGUSON WATERWORKS #2516 100-25-28-52800 HYDRANT ADAPTOR 242.59 FIREGROUND SUPPLY 100-25-28-54000 HAT PIN-MCDERMOTT 68.00 City of DeKalb Invoice Report
Vendor Name GL Distribution Description Amount FIRST MIDWEST BANK 100-20-22-65300 SUBPOENA FEE 10.00 FLEETPRIDE INC 100-30-33-51700 GREASE/BRAKE CLEANER 113.14 FRONTIER COMMUNICATIONS 100-20-21-64500 FRONTIER PHONE BILLING APR 2020 1,192.88 FRONTIER COMMUNICATIONS 650-00-00-64500 FRONTIER PHONE BILLING APR 2020 801.69 FRONTIER COMMUNICATIONS 600-00-00-64500 FRONTIER PHONE BILLING APR 2020 82.69 FRONTIER COMMUNICATIONS 100-30-31-64500 FRONTIER PHONE BILLING APR 2020 203.38 FRONTIER COMMUNICATIONS 100-25-27-64500 FRONTIER PHONE BILLING APR 2020 506.34 FRONTIER COMMUNICATIONS 100-19-19-64500 FRONTIER PHONE BILLING APR 2020 115.54 FRONTIER COMMUNICATIONS 100-30-32-64000 FRONTIER PHONE BILLING APR 2020 543.82 G'S R PLUMBING & HEATING INC 100-30-32-61300 PLUMBING REPAIR-164 ELH 375.00 GORDON HARDWARE LLC 100-30-32-51300 KEY BLANKS 6.48 GORDON HARDWARE LLC 100-25-28-51300 COPPER COUPLINGS/KEY BLANKS 10.83 GORDON HARDWARE LLC 100-25-28-51300 RETURN-DEFECTIVE KEY BLANKS (3.24) GORDON HARDWARE LLC 100-25-28-51700 SCREWS-M1 0.34 GORDON HARDWARE LLC 100-25-28-52500 TRASH BAGS 45GAL 20PK 14.49 GORDON HARDWARE LLC 100-25-28-51300 RETURN-DEFECTIVE KEY BLANK (1.62) GORDON HARDWARE LLC 100-30-33-51700 BEARINGS 9.38 GORDON HARDWARE LLC 600-00-00-53300 MESH/MAPP GAS 43.96 GORDON HARDWARE LLC 100-30-33-51700 MISC FASTNERS 9.16 GORDON HARDWARE LLC 100-30-33-51700 PLUMBERS PUTTY 2.99 GORDON HARDWARE LLC 100-30-33-51700 MISC FASTNERS 31.89 GORDON HARDWARE LLC 100-30-33-51700 SPRAY PAINT 11.98 GORDON HARDWARE LLC 100-25-28-52800 TOOLBOX/TAPE 33.36 GORDON HARDWARE LLC 600-00-00-51300 LOCKNUT 7.45 GORDON HARDWARE LLC 100-30-33-51500 BRASS FIRE NOZZLE 135.00 GORDON HARDWARE LLC 100-30-33-51500 RETURN-BRASS FIRE NOZZLE (135.00) GOVEQV LLC 100-19-19-61800 FOIA SOFTWARE MAINTENANCE - FY20 7,845.00 HARDER CORP 100-25-28-52500 DISINFECTANT 41.16 HARDER CORP 100-25-28-52500 DISINFECTANT, MOP/BROOM HANDLE 10.56 HARDER CORP 100-25-28-52500 PAPER TOWELS/BLEACH/TISSUE/DISINFECTA 231.62 HARDER CORP 100-25-28-52500 CLEANERS/LAUNDRY DETERGENT/DISINFECTA 137.71 HARDER CORP 100-25-28-52500 PAPER TOWEL ROLLS 64.08 HORIZON DISTRIBUTORS INC 100-25-28-52500 TRASH BAGS/CLEANING PADS/FLUID 90.46 IDEMIA IDENTITY & SECURITY USA LL 100-19-19-63800 PD LIVESCAN MAINTENANCE-10/2019-10/2020 7,690.00 IMPACT NETWORKING LLC 100-19-19-51600 TONER STREET 96.50 JAY'S BIG ROLLS INC 100-30-32-52500 HAND SOAP/DISPENSERS/TOWELS/DISPENSER 458.00 LAKESHORE RECYCLING SYSTEMS LLC 100-25-28-64000 10-FEB EXTRA YARDAGE (2) ST1 20.00 LAKESHORE RECYCLING SYSTEMS LLC 680-00-00-64300 CREDIT-OVERPAYMENT PAID $1560 VS $450 (1,110.00) LAKESHORE RECYCLING SYSTEMS LLC 680-00-00-64300 ROLL OFF DUMPSTER SERVICE-APRIL 2020 1,225.17 LAW OFFICES OF JOHN GROTTO 100-15-12-65300 ADMIN HEARING LEGAL SERVICES MARCH 202 750.00 LOWE'S CREDIT SERVICES 100-25-28-51700 VEHICLE REPAIR SUPPLIES/PARTS-E3 231.29 LOWE'S CREDIT SERVICES 100-25-28-51300 PLUMBER TAPE/STEEL CONNECTOR-ST1 12.79 LOWE'S CREDIT SERVICES 100-25-28-51700 VEHICLE REPAIR STOCK SUPPLIES 79.66 LOWE'S CREDIT SERVICES 100-25-28-52500 JANITORIAL-CLEANERS/RAGS/ADHESIVES 198.37 LOWE'S CREDIT SERVICES 600-00-00-53300 REACHER TOOL 18.99 LOWE'S CREDIT SERVICES 100-25-28-51300 DOOR PARTS-M2 26.64 LOWE'S CREDIT SERVICES 600-00-00-51410 LUMBER/TAPE/HOSE/NOZZLES 35.20 LOWE'S CREDIT SERVICES 600-00-00-53300 SMALL TOOLS & EQUIPMENT 64.99 LOWE'S CREDIT SERVICES 600-00-00-51300 BLEACH/SHOWER CURTAIN 27.04 LOWE'S CREDIT SERVICES 600-00-00-51300 BULBS 4.74 LOWE'S CREDIT SERVICES 600-00-00-51300 BULBS 9.46 MACKLIN INCOPORATED 600-00-00-51410 STONE FOR STREET REPAIRS 3,342.41 MCI A VERIZON COMPANY 650-00-00-64500 MCI-WEATHER SYSTEM 36.16 MIDWEST SALT LLC 600-00-00-53200 BULK ROCK SALT-CORP 2,656.18 MIDWEST SALT LLC 600-00-00-53200 BULK ROCK SALT-CORP 2,455.58 MUNICIPAL EMERGENCY SERVICES IN 100-25-28-61500 SCBA FLOW TESTS & SERVICE/REPAIRS 4,057.30 PDC LABORATORIES INC 600-00-00-62500 LAB TESTING SERVICES 200.00 PDC LABORATORIES INC 600-00-00-62500 LAB TESTING SERVICES 45.00 PDC LABORATORIES INC 600-00-00-62500 LAB TESTING SERVICES 264.00 PENN CARE INC 100-25-28-52900 ALCOHOL PREP LARGE-13BOXES/200EA 55.68 City of DeKalb Invoice Report
Vendor Name GL Distribution Description Amount PENN CARE INC 100-25-28-52900 INFRARED THERMOMETERS (4) 609.01 PETROLEUM TRADERS CORP 200-30-37-63800 DIESEL FUEL FOR TRANSDEV 6,901.84 PETROLEUM TRADERS CORP 200-30-37-63800 DIESEL FUEL FOR TRANSDEV 3,716.38 PETROLEUM TRADERS CORP 100-00-00-16700 BULK DIESEL 9,879.68 PILAR BROGGI 100-00-00-35300 REFUND PARKING TICKET 10589 PAID TWICE 75.00 RAY O'HERRON CO INC 100-20-25-54000 UNIFORMS-CSO COOPER 413.36 SHAW SUBURBAN MEDIA GROUP 100-40-41-65300 LEGAL NOTICE - PROJECT VENTUS 365.18 SHAW SUBURBAN MEDIA GROUP 100-40-41-65300 LEGAL NOTICE - PROJECT VENTUS 412.30 SOUTHERN COMPUTER WAREHOUSE I 100-19-19-61800 NETMOTION LICENSE RENEWAL - PD/FD VPN 5,108.94 STANDARD EQUIPMENT COMPANY 100-30-33-51700 SWEEPER PARTS 460.63 STANDARD EQUIPMENT COMPANY 100-30-33-51700 SWEEPER PARTS 351.48 STANLEY ACCESS TECHNOLOGIES LLC 400-00-00-82000 FURNISH AND INSTALL AUTOMATIC DOOR 2,951.00 STEPHEN A LASER ASSOCIATES 100-15-16-62900 EMPLOYMENT SCREENING 1,100.00 SUPERIOR DIESEL INC 100-25-28-51700 WATER PUMP MOTOR-E3 224.07 SUPERIOR DIESEL INC 100-25-28-61700 OIL CHG & SYSTEMS MAINTENANCE-E3 1,540.59 SYCAMORE EXPRESS CAR WASH 100-20-22-61700 CAR WASHES 80.00 SYNDEO NETWORKS INC 100-19-19-64500 VOIP PRI SERVICE-JUNE 2019 1,035.88 SYNDEO NETWORKS INC 100-19-19-64500 VOIP PRI SERVICE-AUG 2019 1,073.49 SYNDEO NETWORKS INC 100-19-19-64500 VOIP PRI SERVICE-SEPT 2019 1,080.80 SYNDEO NETWORKS INC 100-19-19-64500 VOIP PRI SERVICE-OCT 2019 1,079.39 TRINITY TOOL CO 100-30-33-53300 TRIN MIX #4 84.00 TROTSKY INVESTIGATIVE POLYGRAP 100-15-16-62900 EMPLOYMENT SCREENING-POLYGRAPH (8) 1,240.00 TRUE NORTH CONSULTANTS INC 100-00-00-13050 ENVIROMENTAL CONSULT-912 EDGEBROOK 1,700.00 UNIFORM DEN EAST INC 100-25-28-54000 UNIFORM HAT BADGE-RALSTON 66.03 UNITED LABORATORIES INC 600-00-00-51996 ANTISEIZE 287.32 USA BLUEBOOK 600-00-00-51500 CLAMPS 73.83 VECTOR STOMP INC 100-30-32-63800 PEST CONTROL SERVICE-164 ELH 60.00 VECTOR STOMP INC 100-30-32-63800 PEST CONTROL SERVICE-200 S 4TH 20.00 VECTOR STOMP INC 100-30-32-63800 PEST CONTROL SERVICE-330 GROVE 20.00 VECTOR STOMP INC 100-30-32-63800 PEST CONTROL SERVICE-700 WLH 30.00 VECTOR STOMP INC 100-30-32-63800 PEST CONTROL SERVICE-223 S 4TH 20.00 VECTOR STOMP INC 650-00-00-61300 PEST CONTROL SERVICE-AIRPORT 85.00 VERIZON WIRELESS 650-00-00-64500 VERIZON WIRELESS - MAR2020 99.84 VERIZON WIRELESS 100-15-12-64500 VERIZON WIRELESS - MAR2020 129.75 VERIZON WIRELESS 100-40-43-64500 VERIZON WIRELESS - MAR2020 400.66 VERIZON WIRELESS 100-25-27-64500 VERIZON WIRELESS - MAR2020 296.47 VERIZON WIRELESS 100-15-16-64500 VERIZON WIRELESS - MAR2020 56.15 VERIZON WIRELESS 100-19-19-64500 VERIZON WIRELESS - MAR2020 66.15 VERIZON WIRELESS 100-10-10-64500 VERIZON WIRELESS - MAR2020 2.41 VERIZON WIRELESS 100-20-21-64500 VERIZON WIRELESS - MAR2020 2,215.50 VERIZON WIRELESS 100-30-31-64500 VERIZON WIRELESS - MAR2020 453.62 VERIZON WIRELESS 600-00-00-64500 VERIZON WIRELESS - MAR2020 406.44 VERIZON WIRELESS 200-30-37-64500 VERIZON WIRELESS - MAR2020 37.45 VERIZON WIRELESS 200-30-37-64500 TELEPHONE SERVICES 20.30 VERIZON WIRELESS 100-40-43-64500 VERIZON WIRELESS - MAR2020 - MOBILES 76.76 VERIZON WIRELESS 200-30-37-64500 VERIZON WIRELESS - MAR2020 - MOBILES 19.38 VERIZON WIRELESS 100-25-27-64500 VERIZON WIRELESS - MAR2020 - MOBILES 590.72 VERIZON WIRELESS 100-20-21-64500 VERIZON WIRELESS - MAR2020 - MOBILES 829.88 VERIZON WIRELESS 100-30-31-64500 VERIZON WIRELESS - MAR2020 - MOBILES 38.75 VERIZON WIRELESS 600-00-00-64500 VERIZON WIRELESS - MAR2020 - MOBILES 179.44 VERIZON WIRELESS 100-19-19-64500 VERIZON WIRELESS - MAR2020 - MOBILES 214.75 VIRGIL COOK & SON INC 100-30-33-51997 STREET LIGHT PARTS 666.20 VISION FOR CHANGE LLC 100-20-25-66200 CIT CLASS-NEBLOCK & HENDERSON 198.00 VISION SERVICE PLAN 100-00-00-25210 VISION INSURANCE STANDARD-APRIL 2020 1,420.71 VISION SERVICE PLAN 100-00-00-25210 VISION INSURANCE STANDARD-MAY 2020 1,455.89 VISION SERVICE PLAN 100-00-00-25210 VISION INSURANCE PREMIUM-APRIL 2020 719.17 VISION SERVICE PLAN 100-00-00-25210 VISION INSURANCE PREMIUM-MAY 2020 767.85 WAREHOUSE DIRECT INC 100-20-22-52000 10 BOXES COPY PAPER 311.50 WAREHOUSE DIRECT INC 100-30-35-52000 NOTE PADS 26.92 WHYRENT REAL ESTATE, INC. 600-00-00-23500 UB REFUND FOR ACCOUNT: 2803128580-03 19.18 City of DeKalb Invoice Report
Vendor Name GL Distribution Description Amount WS DARLEY & CO 100-25-28-51700 WATER PUMP INTAKE GASKETS-E2 41.82 Total: Paper Check $288,024.01
Total: $354,882.77 City of DeKalb Manual Checks/EFT Transfers Report
Vendor Name GL Distribution Description Amount EFT Transfer ADVANCE AUTO PARTS 100-20-22-51700 SUPPLIES/PARTS-VEHICLES 20.36 AKC REUNITE 100-20-22-52600 PET CHIP READERS 360.00 AMAZON 100-20-22-52600 BOOKS FOR SGT EXAM 366.75 AMAZON 100-20-24-52600 FLASH DRIVES 89.39 AMAZON 100-19-19-51600 EXTERNAL BLURAY DVD DRIVE 89.95 AMAZON 100-19-19-51600 HONEYWELL SCANNER STANDS (3) 95.58 AMAZON 100-19-19-51600 TOUGHBOOK BATTERY REPLACEMENT 40.98 AMAZON 100-19-19-51600 HP 414X TONER 234.89 AMAZON 100-19-19-51600 HP 414X TONER-YELLOW/MAGENTA 444.78 AMAZON 100-19-19-51600 UPS BATTERY BACKUP F1 164.99 AMAZON 100-25-28-52500 PAPER TOWELS 59.48 AMAZON 100-20-22-52600 TRAINING BELT/POUCHES 59.19 AMAZON 100-25-28-52500 LAUNDRY DETERGENT 37.02 AMAZON 100-25-28-52500 HAND LOTION 126.86 AMAZON 100-20-24-52600 BLU RAY DISCS 51.99 AMAZON 100-20-25-52000 CALCULATOR INK RIBBONS 12.98 AMAZON 100-20-22-52600 TRAINING BELT/POUCHES 49.70 AMAZON 100-10-10-52000 2020 RESOLUTION & ORDINANCE FOLDERS 62.96 AMAZON 100-30-33-66100 CREDIT-AMAZON PRIME MEMBERSHIP (38.97) AMAZON 100-20-22-52600 MATS-K9 KENNEL 99.95 AMAZON 100-20-22-52600 MATS-K9 KENNEL 25.57 AMAZON 100-20-23-51500 HEADSET BATTERIES 71.12 AMAZON 100-20-23-51500 COMMUNICATIONS HEADSET PARTS 118.92 AMAZON 100-20-22-66200 SERGEANT TEXTBOOK 33.77 APCO INTERNATIONAL INC 100-20-23-66200 TELECOMMUNICATOR TRAINING 778.00 BEST RUBBER STAMP INC 100-20-25-52000 RUBBER STAMP "DESTROYED" 47.35 BIG SKY COMMUNICATIONS INC 100-20-23-51500 HEADSET EAR PIECES 23.90 CASEY'S GENERAL STORE #3597 100-20-22-59999 FOOD FOR CASE 95.96 DEKALB CHAMBER OF COMMERCE 100-10-10-66200 DEKALB CHAMBER ANNUAL CELEBRATION DIN 180.00 DEKALB CHAMBER OF COMMERCE 100-15-12-66200 DEKALB CHAMBER ANNUAL CELEBRATION DIN 60.00 DEKALB CHAMBER OF COMMERCE 100-40-43-66200 DEKALB CHAMBER ANNUAL CELEBRATION DIN 60.00 DIRECTV 650-00-00-65200 DIRECTV FBO TERMINAL 01/14/20-02/13/20 94.99 DISCOVERY BENEFITS 710-00-00-63998 -FSA MONTHLY FEES - MAR 2020 344.00 DUNKIN DONUTS #351290 100-20-24-59999 FOOD FOR INVESTIGATION 32.97 DUNKIN DONUTS #351290 100-20-24-52700 FOOD-INVESTIGATION (32.63) FACEBOOK INC 100-15-16-62900 HR RECRUITMENT AD 25.00 FACEBOOK INC 100-15-16-62900 HR RECRUITMENT AD 26.84 FARM AND FLEET 100-20-22-52600 KENNEL FOR K9 77.97 FARM AND FLEET 100-20-22-52600 EQUIPMENT FOR K9 39.98 FARM AND FLEET 100-20-22-52600 KENNEL EQUIPMENT FOR K9 907.28 FARM AND FLEET 100-20-22-52600 K9 EQUIPMENT 26.85 FARM AND FLEET 100-20-22-52600 REFUND FOR K9 EQUIPMENT (139.99) FARM AND FLEET 650-00-00-53300 BARREL PUMP/GRINDER/AIR HOSE/DRUM FUN 142.03 FEDERAL MOTOR CARRIER SAFETY AD 100-15-16-62900 FMCSA QUERY PLAN 62.50 FEDEX 100-20-25-65100 SHIPPING-EVIDENCE 30.79 FIREGROUND SUPPLY INC 100-25-28-54000 RESPONSE GRAPHICS BADGE ART GRAPHIC 37.50 FLIGHT AWARE 650-00-00-65200 AIRPORT MARKETING AD 8.00 GLOCK INC 100-20-22-66200 GLOCK ARMORER - FARRELL 250.00 GLOCK INC 100-20-22-66200 GLOCK ARMORER - BROWN 250.00 GLOCK INC 100-20-22-66200 GLOCK ARMORER - TEHAN 250.00 HAWK FORD OF ST CHARLES 100-30-33-51700 MOTOR 55.07 HEALTH COMMUNICATIONS INC 100-20-22-66200 HCI MANUALS-TIPS TRAINING 337.13 ILL ENVIRONMENTAL PROTECTION A 600-00-00-77000 IEPA LOAN L17-4045 6,884.65 ILL ENVIRONMENTAL PROTECTION A 600-00-00-78000 IEPA LOAN L17-4045 2,377.59 ILLINOIS DEPT OF PUBLIC HEALTH 100-25-28-66100 PARAMEDIC LICENSE RENEWAL-NEIERT 41.00 INTERGOVERNMENTAL PERSONNEL 710-00-00-42580 EMP LIFE - APR 2020 1,319.07 INTERGOVERNMENTAL PERSONNEL 710-00-00-67100 EMP HEALTH - APR 2020 336,049.75 INTERGOVERNMENTAL PERSONNEL 710-00-00-67300 RETIREE HEALTH - APR 2020 76,765.77 INTERGOVERNMENTAL PERSONNEL 710-00-00-67100 EMP DENTAL - APR 2020 19,725.86 City of DeKalb Manual Checks/EFT Transfers Report
Vendor Name GL Distribution Description Amount INTERGOVERNMENTAL PERSONNEL 710-00-00-67300 RETIREE DENTAL - APR 2020 5,611.31 INTERGOVERNMENTAL PERSONNEL 710-00-00-67200 LIBRARY LFE - APR 2020 13.34 INTERGOVERNMENTAL PERSONNEL 710-00-00-67200 LIBRARY HEALTH - APR 2020 11,551.33 INTERGOVERNMENTAL PERSONNEL 710-00-00-67200 LIBRARY DENTAL - APR 2020 651.63 INTERGOVERNMENTAL PERSONNEL 710-00-00-67100 EMP PAY LIFE - APR 2020 1,218.95 INTERGOVERNMENTAL PERSONNEL 710-00-00-42580 EMP LIFE - MAY 2020 1,319.07 INTERGOVERNMENTAL PERSONNEL 710-00-00-67100 EMP HEALTH - MAY 2020 336,049.75 INTERGOVERNMENTAL PERSONNEL 710-00-00-67300 RETIREE HEALTH - MAY 2020 76,765.77 INTERGOVERNMENTAL PERSONNEL 710-00-00-67100 EMP DENTAL - MAY 2020 19,725.86 INTERGOVERNMENTAL PERSONNEL 710-00-00-67300 RETIREE DENTAL - MAY 2020 5,611.31 INTERGOVERNMENTAL PERSONNEL 710-00-00-67200 LIBRARY LFE - MAY 2020 13.34 INTERGOVERNMENTAL PERSONNEL 710-00-00-67200 LIBRARY HEALTH - MAY 2020 11,551.33 INTERGOVERNMENTAL PERSONNEL 710-00-00-67200 LIBRARY DENTAL - MAY 2020 651.63 INTERGOVERNMENTAL PERSONNEL 710-00-00-67100 EMP PAY LIFE - MAY 2020 1,218.95 INTERNATIONAL CODE COUNCIL 100-40-43-52000 BOOK TABS/IECC BOOK 152.31 IPELRA 100-15-12-66200 SUPERVISOR TRAINING CLASS-BLUMENTHAL 159.00 IPELRA 100-15-16-66200 EMPLOYMENT LAW SEMINAR-MUNCH 195.00 IPELRA 100-20-21-66200 EMPLOYMENT LAW SEMINAR-PETRAGALLO 219.00 IPELRA 100-20-22-66200 EMPLOYMENT LAW SEMINAR-LEKKAS 219.00 IPELRA 100-20-25-66200 SUPERVISOR TRAINING CLASS 159.00 IPMA-HR 100-15-16-66100 2020 MEMBERSHIP DUES-BRENING 109.00 JIMMY JOHNS #24 100-15-12-63000 WORK MEETING (PATTY DALEY) 5.21 JIMMY JOHNS #24 100-15-12-63000 WORK MEETING (PATTY DALEY) 34.71 KFC/TACO BELL RESTAURANT 200-30-37-66200 STAFF LUNCH-HSTP MEETING 7.60 KFC/TACO BELL RESTAURANT 200-30-37-66200 STAFF LUNCH-HSTP MEETING 4.10 KNOX COMPANY 100-25-28-52800 KNOX BOX KEY HOOKS 13.00 LOWE'S CREDIT SERVICES 100-20-22-52600 EQUIPMENT FOR K9 270.53 MABAS ILLINOIS 100-20-23-66200 MABAS TRAINING SUMMIT 500.00 MARTIN IMPLEMENT SALES INC 650-00-00-51700 HYDRAULIC CYLINDER 1,492.34 MARTIN IMPLEMENT SALES INC 650-00-00-51700 CREDIT-HYDRAULIC CYLINDER (1,492.34) MENARDS SYCAMORE 100-30-32-51300 LUMBER/WOOD FILLER/HARDWOOD TRIM 64.79 NETWORK SOLUTIONS LLC 100-19-19-61800 CITYOFDEKALB.COM DOMAIN RENEWAL 39.99 OFFICE DEPOT INC 100-20-21-52000 BINDER DIVIDERS 14.60 OFFICE DEPOT INC 100-25-27-52000 32GB USB DRIVES (2) - TRAINING 11.98 PERRY MAINTENANCE & COMPLIANCE 650-00-00-51700 FUEL PUMP/GASKETS 2,024.90 PERRY MAINTENANCE & COMPLIANCE 650-00-00-61700 NOZZLE/SEALS/O-RINGS 390.43 PETCO ANIMAL SUPPLIES INC 100-20-22-52600 EQUIPMENT FOR K9 57.98 RA ADAMS ENTERPRISES INC 100-30-33-51700 PLOW FRAMES/BOLT KIT 695.52 RADIOTRONICS INC 100-20-22-51700 GAS SPRING-CANINE SQUAD 55.25 RAY ALLEN MANUFACTURING 100-20-22-52600 CANINE TRAINING EQUIPMENT 544.85 RAY ALLEN MANUFACTURING 100-20-22-52600 EQUIPMENT FOR K9 161.95 SATO AMERICA LLC 100-20-25-52000 PRINTER RIBBON-EVIDENCE 32.86 SCHNUCKS MARKETS 100-20-25-59999 FOOD FOR PUBLIC EVENT 58.11 SCHNUCKS MARKETS 100-20-22-52600 HAND SANITIZER 11.97 SIRCHIE ACQUISITIONS COMPANY 100-20-24-52600 EVIDENCE SUPPLIES 407.76 SIRCHIE ACQUISITIONS COMPANY 100-20-24-52600 EVIDENCE SUPPLIES 205.80 SOCIETY FOR HUMAN RESOURCE MGT 100-15-16-66100 MEMBERSHIP RENEWAL 219.00 TARGET CORPORATION 100-25-28-52900 CHILD SAFETY SEAT-AMBULANCE 139.99 TOPLINE AUTO UPHOLSTERY 100-20-22-61700 UPHOLSTERY-MOTORCYCLE SEAT 345.00 TOWN OF CORTLAND 100-25-28-66200 CLASS REGISTRATION-CARANI 30.00 TRANSUNION RISK & RISK ALTERNAT 100-20-24-52700 INVESTIGATION SUPPLIES & EQUIPMENT 439.60 WEEBLY INC 650-00-00-65200 MARKETING ADS & PUBLIC INFO 96.00 Total: EFT Transfer $929,962.75
Paper Check CHICAGO TITLE INSURANCE CO 280-00-00-63700 DEVELOPMENTAL SERVICES 35.00 CITY OF DEKALB 280-00-00-91100 SALARY REIMBURSEMENT 1-1-2020 TO 3-31-2 19,229.52 DEKALB COUNTY CLERK/RECORDER O 280-00-00-63700 RECORDING FEE-326 DODGE AVE 55.00 ELDER CARE SERVICES-DEKALB COUN 280-00-00-62700 HUMAN SERVICES FUNDING-QTR 4 2019 2,000.00 MACQUEEN EMERGENCY GROUP 700-00-00-69100 BASKET/LADDER REPAIRS T-1 35,691.48 City of DeKalb Manual Checks/EFT Transfers Report
Vendor Name GL Distribution Description Amount MILES CHEVROLET LLC 420-00-00-87000 2020 CHEVROLET TAHOE ON STATE BID PKG 38,602.00 SAFE PASSAGE INC 280-00-00-62700 CDBG PUBLIC SERVICES GRANT- 4TH QTR 201 3,750.00 US BANK NATIONAL ASSOCIATION 100-17-12-61500 COPIER LEASES - 041420-051420 185.35 US BANK NATIONAL ASSOCIATION 100-19-19-61500 COPIER LEASES - 041420-051420 442.05 US BANK NATIONAL ASSOCIATION 100-20-22-61500 COPIER LEASES - 041420-051420 487.75 US BANK NATIONAL ASSOCIATION 100-25-27-61500 COPIER LEASES - 041420-051420 185.35 US BANK NATIONAL ASSOCIATION 650-00-00-63800 COPIER LEASES - 041420-051420 200.00 Total: Paper Check $100,863.50
Total: $1,030,826.25
DATE: May 6, 2020
TO: Bill Nicklas, City Manager
FROM: Joanne Rouse, Community Services Coordinator
SUBJECT: FY2020 Human Services Funding First Quarter Report.
Each agency approved for Human Services Funding is required to submit a quarterly report prior to disbursement of the City’s quarterly support payment. Quarterly Reports are due on the 10th of the month following the end of each quarter. The required report must include a brief description of activities undertaken with City funds, the number of DeKalb residents served, the total number of clients served, and other agency revenues received. For the First Quarter, thirteen of the fourteen grantees submitted reports. One agency was completely closed due to Covid-19. No report was submitted. The City waived timeliness tracking for the First Quarter based on changes to agency staffing patterns and the unusual circumstances that have resulted from the pandemic.
AGENCY 1st QUARTER REPORT STATUS
Adventure Works Attached for review. Court Appointed Special Advocates (CASA) Attached for review.
Community Coordinated Child Care (4-C) Attached for review. DeKalb County Community Gardens Attached for review.
DeKalb County Youth Service Bureau Attached for review.
Elder Care Services of DeKalb County Attached for review.
Family Service Agency – Club 55 Attached for review.
Hope Haven of DeKalb County, Inc. Attached for review.
No report. Agency closed with staff on Kishwaukee YMCA – Camp Power furlough. Nguzo Saba Attached for review.
RAMP Attached for review.
Safe Passage Attached for review.
Voluntary Action Center (VAC) Attached for review.
The First Quarter represents the beginning of the 2020 Fiscal Year. The attached report provides an overview of how funds provided by the City support each agency. It includes the total number of residents served thus far in FY 2020 and a cost of service per person for each agency. There is also a cost of service per resident that is averaged across all grants. The attached report provides information on the activities that continue to take place during the pandemic. Several agencies have experienced a surge in the number of residents served. Others have been unable to perform typical levels of service due to the current “Stay-at-Home” order and restrictions on personal contact. All agencies are doing their best to provide services and support to City residents under the current conditions.
Page | 2
FY 2020 Human Services Funding 1st Quarter Report (January-March)
Cost per Total No. of Number of Resident DeKalb Total No. % of Other Agency % of City DeKalb Served Residents of Clients DeKalb City Support Revenues Funds to Residents City of DeKalb Total City of with City Served 1st Served 1st Residents for this Received this Total Revenues Total Served FY Funding FY DeKalb Funding of DeKalb Agency Quarter Quarter Served Quarter Quarter this Quarter Revenues 2020 2020 To Date FY 2020 Funding Adventure Works 69 172 40.12% $ 2,500.00 $ 118,690.00 $ 121,190.00 2.06% 69 $ 2,500.00 $ 10,000.00 $ 36.23 Court Appointed Special Advocates (CASA) 81 151 53.64% $ 1,250.00 $ 98,537.00 $ 99,787.00 1.25% 81 $ 1,250.00 $ 5,000.00 $ 15.43 Community Coordinated Child Care (4C) 1,184 2,153 54.99% $ 4,750.00 $ 58,929.00 $ 63,679.00 7.46% 1184 $ 4,750.00 $ 19,000.00 $ 4.01 DeKalb County Community Gardens 4,814 6,831 70.47% $ 1,250.00 $ 218,331.51 $ 219,581.51 0.57% 4814 $ 1,250.00 $ 5,000.00 $ 0.26 DeKalb County Youth Service Bureau 255 368 69.29% $ 6,000.00 $ 110,016.94 $ 116,016.94 5.17% 255 $ 6,000.00 $ 24,000.00 $ 23.53 Elder Care Services of DeKalb County 2,842 6,475 43.89% $ 2,250.00 $ 350,966.00 $ 353,216.00 0.64% 2842 $ 2,250.00 $ 9,000.00 $ 0.79 Family Service Agency - Club 55 360 648 55.56% $ 2,500.00 $ 290,780.16 $ 293,280.16 0.85% 360 $ 2,500.00 $ 10,000.00 $ 6.94 Friends of ROE - BASICS 1,150 0.00% $ 500.00 $ 102,216.00 $ 102,716.00 0.49% 0 $ 500.00 $ 2,000.00 $ - Hope Haven of DeKalb County, Inc. 81 86 94.19% $ 1,750.00 $ 275,786.21 $ 277,536.21 0.63% 81 $ 1,750.00 $ 7,000.00 $ 21.60 Kishwaukee YMCA - Camp Power 0.00% $ - 0.00% $ 11,000.00 $ - Nguzo Saba 0 0 0.00% $ - $ - $ - 0.00% 0 $ - $ 5,000.00 $ - RAMP 20 37 54.05% $ 1,250.00 $ 560,546.00 $ 561,796.00 0.22% 20 $ 1,250.00 $ 5,000.00 $ 62.50 Safe Passage 238 480 49.58% $ 2,500.00 $ 686,841.00 $ 689,341.00 0.36% 238 $ 2,500.00 $ 10,000.00 $ 10.50 Voluntary Action Center (VAC) 639 1,466 43.59% $ 7,000.00 $ 1,988,569.00 $ 1,995,569.00 0.35% 639 $ 7,000.00 $ 28,000.00 $ 10.95 TOTAL 10,583 20,017 52.87% $ 33,500.00 $ 4,860,208.82 $ 4,893,708.82 0.68% 10583 $ 33,500.00 $ 150,000.00 $3.17 average
CHAPTER 35 TOWING POLICY
LATEST AMENDMENT: February 10, 2020 (Ordinance 2020-005)
SECTIONS:
35.01 DEFINITIONS.
35.02 COMPLIANCE WITH APPLICABLE LAWS.
35.03 INTERFERENCE WITH LAWFUL TOWING ACTIVITIES.
35.04 CITY OF DEKALB TOWING ROTATION.
35.05 ORDERS FOR TOWING AND IMPOUNDING OF VEHICLES BY CITY.
35.06 VEHICLE IMPOUNDMENT OR IMMOBILATION: MULTIPLE PARKING TICKETS.
35.07 VEHICLE IMPOUNDMENT OR IMMOBILATION: TOW FOR SPECIFIED VIOLATIONS.
35.08 ADDITIONAL BASIS FOR CITATION/TOWING: TEMPORARY PARKING RESTRICTIONS.
35.09 UNLAWFUL PRACTICES - RELOCATOR.
35.10 UNLAWFUL PRACTICE – PROPERTY OWNER.
35.11 SECURITY REQUIREMENTS.
35.12 PROPERTY OWNER’S RIGHT TO EMPLOY RELOCATION SERVICE TOW RISK SIGNS.
35.13 CIVIL AND CRIMINAL LIABILITY.
35.14 RELOCATION RATES.
35.15 LICENSES.
35.16 PENALTIES.
TABLE OF AMENDMENTS
35.01 DEFINITIONS. For the purpose of this Chapter 35, the following words shall have the meanings hereinafter assigned to them:
“GoJak” means a combination jack/dolly which enables the lifting and moving of a locked, blocked or disabled vehicle into hook-up alignment with a tow truck or car carrier.
"Relocator" means any person, firm, corporation or entity engaged in the business of removing trespassing vehicles from private property to impound area by towing or other means.
"Impound Lot" means any real property owned by or in the lawful possession or control of the relocator for which will be properly used in accordance with the zoning laws of the City of DeKalb for City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 2 of 23 the relocation to and storage of trespassing vehicles removed from private property.
“Police Chief” means the Chief of Police of the City of DeKalb Police Department, or his authorized designee.
"Property owner" means any person owning or in lawful control or possession of a property or his authorized agent.
"Tow Vehicle" means any truck permanently equipped with booms, towbars, winches, dollies or similar equipment maintained and designed for the recovery and transportation of vehicles, which adhere to the specifications for tow trucks enumerated in Illinois Revised Statutes, Chapter 95-1/2, Section 12-606.
35.02 COMPLIANCE WITH APPLICABLE LAWS.
It shall be unlawful to operate any Tow Vehicle in violation of any applicable law, rule or regulation, including but not limited to the Illinois Commercial Safety Towing Law, 625 ILCS 5/18d-101, etc. seq. The Commercial Safety Towing Law is hereby adopted by reference, as if set forth fully herein, and a violation thereof shall also be a violation of City ordinance, punishable by fine.
35.03 INTERFERENCE WITH LAWFUL TOWING ACTIVITIES.
It shall be unlawful to interfere with any towing company engaged in lawful towing activities, within the City of DeKalb, or to engage in disorderly conduct or other unlawful behavior in an attempt to prevent the towing of a vehicle that is eligible for towing.
It shall further be unlawful to improperly stop payment or attempt to reverse charges on any form of payment provided to a towing company which has lawfully towed a vehicle. A violation of this Section 35.03 is punishable by a fine of not less than Two Hundred and Fifty Dollars ($250.00), unless the violation is interfering with lawful towing activities initiated by the City of DeKalb (i.e. City ordered towing or towing from public property), in which case the minimum fine shall be Five Hundred Dollars ($500.00).
35.04 CITY OF DEKALB TOW ROTATION. a) Tow Rotation Authorized: Pursuant to the provisions of this Section 35.04, the Chief of Police is and shall be authorized to maintain a tow rotation list for towing services to be utilized by the Police Department and other City departments, when it is necessary to tow any vehicle within the City of DeKalb or within the jurisdictional area covered by the Police Department or any other City department. b) Qualifications for Inclusion on Tow Rotation List: Any towing company which operates towing services within the City of DeKalb may submit an application for inclusion on the City of DeKalb Tow Rotation List on a form prescribed by the Chief of Police, for review and consideration by the Police Chief. Should the Police Chief deny an applicant for inclusion on the Tow Rotation, such applicant may submit the Police Chief’s decision for review by the City Council, by requesting the same within thirty days of the issuance of the Police Chief’s written notice of denial. Any such applicant shall be required to comply with the following requirements:
1. Insurance: All parties listed on the tow rotation shall be required to maintain the following insurance:
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 3 of 23
(a) Comprehensive Automobile Liability Insurance with minimum coverage limits of $1,000,000 per occurrence, naming the City of DeKalb as additional primary insured.
(b) Comprehensive General Liability Insurance with minimum coverage limits of $1,000,000 per occurrence, naming the City of DeKalb as additional primary insured.
(c) Worker’s Compensation and other statutorily required forms of insurance, with no less than minimum coverage limits as required by law.
(d) Premises liability or other acceptable form of insurance coverage to cover any vehicles, or the contents thereof, that are towed by the party in question for the period of time between when the tow vehicle takes custody until the vehicle is released to the owner or otherwise disposed of (i.e. while vehicle is being towed or stored), with minimum coverage limits of $500,000 per occurrence, naming the City of DeKalb as additional primary insured.
(e) The coverages contemplated by sections (a), (b) and (d) may be obtained either through primary coverage, or through a combination of primary coverage and umbrella insurance policies, provided that the minimum coverage limits are satisfied.
(f) A certificate of insurance evidencing compliance with these requirements shall be provided to the City prior to the time at which the party is approved for the tow rotation list.
2. Equipment: Any applicant must provide a list of the equipment proposed to be utilized for services rendered to the City, including the make, model and year of chassis/truck, the towing capacity (in both weight capacity and type of vehicle which may be towed), a description of the type of tow vehicle (bumper lift, rollback, etc.), a description of the lighting and safety equipment utilized, a copy of the most recent safety-test passing result, and the location at which such vehicle is stored. Applicants must be able to tow a wide variety of vehicles to be considered for inclusion on the tow rotation list. Equipment must be modern, reliable, and equipped to safely handle towing services for the City.
3. Secure Lot: Any applicant must provide a description and picture of the location of their secure parking lot, to be used for short-term vehicle storage after a vehicle is towed. Such lot must be equipped with adequate security features (fences, cameras, and other similar equipment), and must be in a location within the City of DeKalb.
4. Indoor Storage: From time to time, the Police Department may request locked, indoor storage for towed vehicles. The applicant must provide a description and picture of the indoor storage area that it proposes to use, with capacity for at least 3 vehicles, in a location within the corporate limits of the City.
5. Response Times: Any applicant must certify that, based upon the location of their equipment as stored, the applicant will be able to respond to any location within the City of DeKalb within thirty (30) minutes of being dispatched.
6. Communications Equipment: Any applicant must provide a description of at least two methods of communication (e.g. 2-way radio and cellular telephone) that may be utilized for communicating between the towing company and its tow vehicles. Applicant must also
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 4 of 23
provide at least one phone number which is monitored 24 hours per day, 365 days per year by a live person, dispatching tow vehicles for applicant.
7. Compliance with Laws / Safe Operational Practices: Any applicant shall certify that their vehicles shall be operated in compliance with all applicable laws, and in a safe and reasonable fashion designed to minimize the potential risk of harm to the public or to public or private property, by persons having adequate skill and training to operate the equipment provided. Any company selected for inclusion on the tow rotation list shall operate solely as an independent contractor, fully responsible for the safe operation of and liability for their tow vehicle and conduct. Applicants shall also be required to operate their companies in compliance with all applicable laws, including but not limited to laws prohibiting discrimination and the Illinois Drug Free Workplace Act. Applicants shall be required to complete a certification provided by the Chief of Police, certifying compliance with applicable regulations.
8. Commercial Driver’s Licenses: Applicants must certify that all of the persons who may respond to a City request for towing possess valid, current, Illinois commercial driver’s licenses with all certifications required for operation of the tow vehicle utilized.
9. Experience: Applicants must demonstrate their years of experience towing or engaging in commercial vehicle towing and must list any commendations or complaints/citations/moving or equipment violations received within the past five years.
10. Additional Qualifications: Applicants must also demonstrate compliance with any additional qualifications required by the Chief of Police.
11. Certification of Required Services: Applicants must certify that they shall be responsible for cleaning up fluids, broken glass or plastic, vehicle parts, or other debris or substances left on the roadway from a vehicle that they are requested to tow.
12. Registered Sex Offenders: Applicants must certify that they shall not permit registered sex offenders, as defined under Illinois law, to operate tow vehicles for any tow initiated through the City’s tow rotation. c) Dispatch of Tow Services: Any time that any City personnel require the assistance of a towing service, said personnel shall contact the City’s emergency dispatch services. The City’s emergency dispatch services shall maintain a current list of all approved towing services for the tow rotation, and shall contact the towing services in the order listed on the rotation (e.g. if towing services A, B and C are listed on the rotation, the first tow shall go to A, the second tow shall go to B, the third tow shall go to C, and the fourth tow shall go to A). In the event an approved towing service is not available or does not have adequate equipment for the nature of the vehicle to be towed, dispatch shall contact the next listed towing company on the tow rotation. The Police Department may elect to use an order other than the tow rotation list from time to time, based upon operational needs; inclusion on the tow rotation list is not a guarantee that a towing service shall be utilized in the order contemplated therein. d) Update of Documentation: Companies listed on the tow rotation shall, on a schedule established by the Police Chief, provide updated documentation to demonstrate compliance with the qualifications contemplated by subsection (b) above (i.e. updated equipment lists, safety test results, insurance certificates, etc.).
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 5 of 23 e) Review of Tow Rotation: The Police Chief shall review the tow rotation on a periodic basis. The Police Chief may suspend or remove any company from the tow rotation in his sole and absolute discretion, based upon the performance of the company, compliance with the Qualifications contemplated in subsection (b) hereof, or other factors he deems appropriate. Any such removal may be appealed to the City Council by submitting a written request for the same within thirty (30) days of the issuance of the Police Chief’s notice of suspension or removal. Inclusion on the tow rotation list is not a property right and there is no expectation of continuing service generated by inclusion on the list; the City reserves the right to suspend or remove a towing service from the tow rotation at any time, for any reason. f) Fee for Towing Services: The Police Chief shall be authorized to review and approve a standard fee list for all towing services to be provided by any company listed on the City of DeKalb Tow Rotation; all companies listed shall adhere to the standard fee list. In addition, the Police Chief may update such list from time to time and shall provide not less than thirty (30) days written notice to participants on the tow list of any such modification. g) Supplemental Tow Rotation Lists: The Police Chief may, in his discretion, establish separate tow rotation lists for tow companies that provide specialized services (e.g. the ability to tow heavy vehicles, rollback services, etc.). h) Additional Terms for Tow Rotation Participants: Applying for inclusion on the City’s tow rotation list constitutes acceptance of the following terms:
1. The tow company shall be responsible to the City for the payment of all City fines and charges collected on behalf of the City and shall be responsible to the City for any costs or expenses incurred, or fines and penalties lost, as a result of the improper release of a vehicle from impoundment.
2. The tow company shall keep a record of all charges associated with the towing of any vehicle ordered to be towed by the City, along with a written log of signatures for any vehicle reclaimed by the owner, and shall provide the City with access to said record upon request by the City.
3. The tow company acknowledges that, in the event the City advises the tow company that a vehicle was erroneously ordered to be towed, said vehicle shall be released immediately, without charge to the owner or the City.
4. Prior to the release of any vehicle, the tow company shall contact the City for confirmation of fines, penalties or fees due. The tow company shall be responsible for calculation of its own towing and storage fees, in accordance with the then-current schedule.
35.05 ORDERS FOR TOWING AND IMPOUNDING OF VEHICLES BY CITY. a) The provisions of this Section 35.05 shall authorize the towing and impounding of vehicles, within the City of DeKalb. This Section shall not impair the authority provided under any other applicable City Ordinance or Regulation, but rather shall be read to provide additional authority to authorized City employees, to have vehicles towed and impounded. b) Towing and Impounding Authorized: City of DeKalb Police Officers, Code Enforcement Officers and their authorized designees shall be authorized to have a vehicle towed and impounded as
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 6 of 23
authorized under any other applicable City Ordinance or Regulation, and also under the following conditions:
1. A vehicle is involved in a traffic stop or is otherwise stopped during or as a component of the investigation of a potential traffic or criminal violation, which investigation results in the arrest of the driver of the vehicle.
2. A vehicle is illegally parked upon or is illegally trespassing upon property owned by the City of DeKalb, other than a roadway or public right of way.
3. A vehicle is reasonably believed to have been the scene of a crime or is reasonably believed to have or contain evidence of a crime or other unlawful activity.
4. A vehicle is subject to being seized or towed under any applicable federal, state or local ordinance, statute, code or regulation, including but not limited to vehicles eligible for towing under:
65 ILCS 5/11-1302; 625 ILCS 5/11-208.7; 725 ILCS 150/1; 720 ILCS 5/36-1; 625 ILCS 5/4-203.
5. A vehicle is subject to being towed and impounded based upon the accrual of a sufficient number of parking tickets, and issuance of appropriate notices, under applicable City Ordinance.
6. A vehicle is parked in a location that presents an immediate and unwarranted threat to public health, welfare or safety, including but not limited to:
(a) Vehicles parked in front of fire hydrants, fire doors, fire lanes, or other similar locations.
(b) Vehicles parked in a location so as to block ingress or egress from any City Fire Department, Police Department or Public Works Department building or parking lot.
(c) Vehicles parked in a location so as to block ingress or egress from any runway access drive or emergency access drive at DeKalb Taylor Municipal Airport.
(d) Vehicles parked in a location so as to block ingress or egress from any hospital, urgent care center or other emergency medical facility.
(e) Vehicles parked within a roadway (other than within a designated parking zone).
(f) Vehicles on or in dangerously close proximity to railroad tracks.
(g) Vehicles that are on or in close proximity to a public right of way, that have become immobilized due to mechanical difficulty, weather conditions, or for any other cause.
(h) Vehicles in such other location that is determined, by the City agent or employee ordering the towing, to be unsafe or unlawful, in their absolute and sole discretion.
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 7 of 23
7. A vehicle is illegally parked on private property for which the City has a valid traffic enforcement agreement that permits towing without property owner notification or consent or is illegally parked on private property and the property owner consents to the tow. c) Towing Not Required: In the event that a vehicle is eligible to be towed under 35.05 1., above, and the City officer or agent involved determines that the vehicle does not require towing (e.g. a vehicle involved in a traffic stop resulting in the driver being arrested, where the vehicle is either lawfully parked or capable of being lawfully driven by another, properly licensed occupant in the vehicle), the City officer or agent may elect to not have the vehicle towed or impounded, or may elect to have the vehicle towed and impounded, in his or her absolute and sole discretion. d) Warrant or Other Authority: In the event a City of DeKalb Police Officer believes that a vehicle contains evidence of a crime or other unlawful activity but the officer lacks legal authority to seize the vehicle and have it towed, the Officer shall be authorized to promptly seek and secure a search warrant or other similar authority to authorize the seizure, towing and/or search of the vehicle. e) Towing and Impoundment: Any City agent or employee authorized to order the towing of a vehicle under this Section shall utilize the tow rotation procedures contemplated by this Chapter 35. Any vehicle towed or impounded under this Section shall be retained by the party towing the vehicle until: a) all outstanding fines, penalties, fees, interest, or other charges whatsoever have been paid to the City and the party towing the vehicle, in full; b) the vehicle is ordered to be released from impound by the City of DeKalb Administrative Hearing Officer; c) the vehicle is ordered to be released from impound by a Court having jurisdiction over the matter; or, d) the vehicle is ordered to be released from impound by the City Manager, Assistant City Manager, Police Chief, or their designee. Any time a vehicle is towed, the City may require that such vehicle be towed to the City of DeKalb Police Station, City Impound lot, or another location within the corporate limits of the City. Any company towing a vehicle, where the tow is initiated by the City and/or where a vehicle is seized by the City, shall comply with the City’s requirements and shall deposit the vehicle where instructed, at no additional charge. The owner of the vehicle shall still remain liable for any costs incurred in towing. Companies on the Tow Rotation shall comply with the Immediate Release and 24-hour release provisions applicable to Commercial Relocators under City Code Section 35.09(m) (or any successor or similar provision). The Chief of Police shall be authorized to set storage fees for any vehicle retained at the City impound lot, provided that such fees shall only be assessed after a vehicle is available for pickup by the owner of said vehicle (i.e. no longer needed for evidentiary purposes). The owner of said vehicle shall be responsible for payment of all towing and storage charges prior to release of the vehicle. In the event that the City no longer requires a vehicle at the impound lot, the Chief of Police may authorize removal of the vehicle from the City’s impound lot and transferal to a towing company’s storage lot. f) Towing Policy: The Chief of Police is and shall be authorized to approve changes, amendments or modifications to the City’s official Towing Policy from time to time, without requiring approval of the City Council or amendment of this Ordinance, and shall maintain a current copy of the Towing Policy at the Police Department office, for public inspection. Use of a “Denver Boot” or other vehicle immobilization device and use of towing and impoundment of vehicles is and shall be authorized in accordance with the requirements of the then-current Towing Policy. The City presently maintains a system for Administrative adjudication of violations of traffic regulations regarding the stopping, standing or parking of vehicles, and pursuant to the City’s authority, the City approves the Towing Policy’s provisions on booting/immobilizing/ towing/impounding of
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 8 of 23
vehicles, and delegates to the Police Chief the authority to modify or amend that Towing Policy, including but not limited to the number of citations required to trigger booting/immobilization/towing/impound of vehicles. g) Presumption of Ownership: In the case of any parking citation or handicapped parking violation issued by or on behalf of the City, regardless of whether such citation is issued in the form of a mail-in citation, or whether such citation is prosecuted through the City’s Administrative Hearings or through the Circuit Court, the provisions of this subsection (g) shall apply. As the City’s parking citations are civil in nature, the City exercises its home rule authority to determine the liability of owners for the parking of vehicles registered in their name, within the Corporate Limits of the City of DeKalb.
1. Citation issued to occupied vehicle: In the case of any citation issued to a vehicle which is occupied or claimed by a driver at the time of issuance of the citation, the citation shall be issued and prosecuted in the name of the driver or person claiming responsibility.
2. Citation issued to unoccupied vehicle: In the case of any citation issued to a vehicle which is unoccupied and unclaimed by a driver at the time of issuance, the citation shall be issued to the registered owner of the vehicle.
(a) In all such cases, there shall be a rebuttable presumption that the registered owner of the vehicle is the party responsible and liable for the vehicle’s parking, violation of City or State code or ordinance, and resulting fines, penalties and other liabilities. (b) For any parking citation issued to the owner of an unoccupied vehicle, the City may accept payment for such citation from any party or person.
(c) For any parking citation issued to an unoccupied vehicle, the only party that shall be authorized or entitled to contest the parking citation and/or to request an Administrative Hearing on such citation is the registered owner to whom such vehicle is registered.
i. In the event that the registered owner contests such a citation on the basis that a driver or person other than the registered owner was operating the vehicle and/or parked the vehicle unlawfully, the registered owner shall nonetheless be liable for the parking, violation of City or State code or ordinance, and resulting fines, penalties and other liabilities unless:
(A) The registered owner produces a police report and other documentation acceptable to the party reviewing the citation, demonstrating that at the time the citation was issued, the vehicle had been reported stolen; or,
(B) The registered owner produces documentary or testimonial evidence demonstrating that at the time the citation was issued, an individual, discrete, expressly named person identified by the registered owner had actual custody of the vehicle and had personally parked the vehicle and incurred the parking citation.
ii. It shall not be a defense to a citation issued to the registered owner of an unoccupied vehicle that such vehicle was leased, rented, loaned or otherwise utilized by a third party, in the absence of proof that the vehicle was under such person’s actual direct operation at the time that the citation was issued, as required under subsection (g)(2)(c)(i)(B), above.
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 9 of 23
35.06 VEHICLE IMPOUNDMENT OR IMMOBILATION: MULTIPLE PARKING TICKETS. a) Authorization to Impound, Immobilize or Tow Motor Vehicle. Any motor vehicle, the registered owner of which has been determined to be liable for ten (10) or more vehicular standing or parking regulation violations, for which the fines, penalties and costs assessed remain unpaid, may be immobilized or towed and impounded if:
1. The Ordinance Enforcement Administrator has determined that a person is liable for ten (10) or more violations, for which the fines, penalties and costs remain unpaid.
2. The person determined to be liable for ten (10) or more violations is the registered owner of a motor vehicle located within the City’s geographical boundaries.
3. A Seizure Notice has been sent, via first class mail, to the registered owner of the motor vehicle located within the geographic boundaries of the City at the address registered with the Secretary of State, which contains, but shall not be limited to the following:
(a) That a final determination has been made on ten (10) or more violations, for which the fines, penalties and costs remain unpaid;
(b) A listing of the violations for which the person has been determined to be liable, which shall include for each violation:
i. the ticket number;
ii. date of issuance of the ticket; and
iii. total amount of fines, penalties and costs assessed;
(c) That the motor vehicle owned by the person and located within the geographic boundaries of the City is subject to immobilization and/or towing and impoundment if the fines, penalties and costs are not paid within fifteen (15) days of the date of the Seizure Notice;
(d) Date of impending immobilization;
(e) Date of impending towing and impoundment; and
(f) That the registered owner may contest the validity of the Seizure Notice by filing a written request for a hearing with the Ordinance Enforcement Administrator, or his/her designee, within fifteen (15) days of the date of the Seizure Notice and submitting such evidence which would conclusively disprove liability, such as, but not limited to, the following:
i. That the registered owner was not the driver, owner or lessee of the vehicle, or otherwise responsible for the vehicle on the date or dates the notices of violation were issued; or
ii. That the fines, penalties and costs for the violations cited in the notice have been paid in full; or
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 10 of 23
iii. That the registered owner has not accumulated ten (10) or more violations which are unpaid or not adjudicated.
4. The registered owner to whom a Seizure Notice has been sent has failed to make payment of the fines, penalties and costs as specified in the Seizure Notice and has failed to request a hearing to contest the validity of the Seizure Notice. b) Request for Hearing in Cases of Immobilization, Impoundment and Towing of Motor Vehicle. Upon the receipt of a request for hearing to contest the validity of immobilization or towing and impoundment, the Ordinance Enforcement Administrator, or his/her designee, shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next scheduled hearing date, but in no case, shall the hearing be scheduled later than thirty (30) days after the request for hearing is filed. Notice of the hearing date shall be served upon the registered owner by first class mail, postage prepaid, to the address set forth on the request for hearing. Service of the notice of hearing shall be complete on the date it is placed in the United States mail. c) Notice Affixed to Vehicle in Cases of Immobilization. Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of Sections 16-1 and 21-1 of the Illinois Criminal Code. The notice shall also provide the following information, specifying that a release of the immobilizing restraint may be had by:
1. Paying all the fines, penalties and costs, if any, due on the outstanding violations for which notice has been sent prior to the date of immobilization; or
2. Submitting a written request for hearing, as set forth in Sections a) and b) above, on all outstanding violations for which notice has been sent prior to the date of the immobilization and making a deposit with the City in the amount of Fifty Per Cent (50%) of the total fines, penalties and costs, if any, for these outstanding violations, or $500.00, whichever is less. d) Towing of Immobilized Vehicle. Except where the vehicle is otherwise subject to towing, if the immobilization restraint has not been released as hereinabove provided, within seventy-two (72) hours of its placement, the vehicle may be towed and impounded. e) Post-Impoundment Notice. Within ten (10) days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle, at the last address reflected in the records of the Secretary of State. The notice shall state that the owner has the right to a post-immobilization and post-towing hearing as provided in Section 35.06 f) and that if the vehicle is not claimed within thirty (30) days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with the Illinois Vehicle Code. f) Hearing in Cases of Vehicle Impoundment. The owner of an impounded vehicle shall have the right to a hearing to determine whether the immobilization or any subsequent towing and impoundment were erroneous or whether the vehicle was properly included on an immobilization list, if the owner files a written demand for a hearing with the Ordinance Enforcement Administrator or his/her designee within fourteen (14) days after issuance of the notice specified in 35.06 e), or within fourteen (14) days of immobilization, whichever is later. A
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 11 of 23
hearing shall be conducted on any business day within forty-eight (48) hours of receipt of a written demand for hearing, unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amount deposited pursuant to this Section 35.06 shall be forfeited to the City and shall not apply towards accrued fines or penalties. A hearing provided by this Section shall not determine the validity of or otherwise adjudicate any citation or notice of violation issued relative to the immobilized vehicle or the violator, but shall only relate to whether the vehicle was properly immobilized or towed, by determining whether the owner previously submitted evidence required by this Section 35.06. g) Fines and Fees for Immobilization and Impoundment. The fine for immobilization of a vehicle shall be One Hundred Fifty Dollars ($150.00) and the fine for impoundment and towing shall be an additional Two Hundred Dollars ($200.00). The owner of the vehicle shall also be charged reasonable storage and towing costs, provided that no costs shall be assessed for any immobilization or tow which has been determined to be erroneous. All fines, penalties and costs must be paid in full before the vehicle will be released to the owner. h) For vehicles with fewer than ten parking tickets, the Chief of Police may create a policy allowing for their towing or immobilization, consistent with any applicable state law, provided that there exists a hearing process similar to the one contemplated in this Section 35.06 for the purpose of permitting a person whose car has been immobilized or towed to have the opportunity to contest the validity or appropriateness of the immobilization, towing or impoundment.
35.07 VEHICLE IMPOUNDMENT OR IMMOBILATION: TOW FOR SPECIFIED VIOLATIONS. a) Tow for Specified Violations. Pursuant to the City’s Home Rule Authority and in addition to the foregoing authority, the City may order the towing of any vehicle where a police officer has probable cause to believe that a vehicle has allegedly been involved in or been present for any offense enumerated in the then-current version of 625 ILCS 5/11-208.7 (or any successor statute). At the time of approval of this Ordinance, the list of eligible offenses includes:
1. Operation or use of a motor vehicle in the commission of, or the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to 720 ILCS 36-1;
2. Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of 625 ILCS 5/11-501;
3. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Cannabis Control Act;
4. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act;
5. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Section 24-1 (Unlawful Use of Weapons), 24-1.5 (Reckless Discharge of a Firearm), or 24-3.1 (Unlawful Possession of Firearms/Ammunition) of the Criminal Code of 1961;
6. Driving while a driver’s license, permit or privilege is suspended or revoked pursuant to 625 ILCS 5/6-303 (unless suspended for an unpaid parking or moving violation or failure to
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 12 of 23
emissions test);
7. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance in violation of the Cannabis Control Act, Cannabis Regulation and Tax Act, or the Illinois Controlled Substances Act;
8. Operation or use of a motor vehicle with an expired driver’s license, in violation of 625 ILCS 5/6-101, provided that said license is one year or more past expiration;
9. Operation or use of a motor vehicle without ever having been issued a driver’s license or permit, in violation of 625 ILCS 5/6-101, or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age;
10. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated 625 ILCS 5/6-101 (license or permit), 5/6-303 (driving while license suspended or revoked) or 5/11- 501 (driving under the influence);
11. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Illinois Criminal Code of 1961; or,
12. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Illinois Criminal Code of 1961. b) Procedures for Impoundment:
1. Notice at time of Impoundment: When an officer has cause to believe that a vehicle is subject to impoundment under this Section 35.07, the officer shall utilize the process for dispatching a tow vehicle under the City’s tow rotation list, as provided in this Chapter 35. At such time, the officer shall notify or make a reasonable attempt to notify the owner, lessee or person identifying himself or herself as the owner or lessee, or any person found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner’s or lessee’s right to an administrative hearing as provided below. The officer shall also notify the person in control that the vehicle shall remain impounded pending completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the City a bond of $500.00, and pays for all towing and storage charges.
2. Written Notice: After impounding a vehicle under this Section 35.07, the City shall issue a written notice to the owner, lessee and any lienholders of record by personal service or by first class mail to such parties at the address registered with the Illinois Secretary of State. Said notice shall be mailed to such parties within forty-five (45) days after the date of impound, and shall contain the date, time and location of an administrative hearing, which hearing shall be convened within ninety (90) days of the date of mailing the notice.
At the time of posting the above-required bond, the party posting the bond shall have the option of either proceeding with a hearing (and potentially being subject to the imposition of costs for such hearing, if the City prevails at such hearing), or of waiving the right to a hearing and avoiding the potential for such costs. The City shall provide a form for the party posting the bond to execute, to indicate accordingly. In the event that the party posting the bond waives hearing, the bond shall be forfeit to the City automatically, without hearing.
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 13 of 23
3. Administrative Hearing: An administrative hearing shall be conducted by a hearing officer qualified under 625 ILCS 5/11-208.7(g), and the decision of the hearing officer shall be subject to review under the Administrative Review Law. If the impoundment is upheld by the hearing officer, the administrative fee shall be due and payable (or if previously posted to secure the release of the vehicle, shall be forfeited). If the impoundment is overturned by the hearing officer, the administrative fee shall not be payable. The hearing officer shall issue a written decision at the conclusion of the administrative hearing. Any fine, penalty or administrative fee approved by the hearing officer which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review of the decision may be enforced in the same manner as a judgment entered in a court of competent jurisdiction. Said hearing shall not be subject to formal or technical rules of evidence but shall be recorded and the hearing officer shall be empowered to administer oaths and to secure by subpoena both testimony of witnesses and production of books and papers. The burden of proof at such hearing shall be a preponderance of the evidence. If the City submits a signed complaint for a violation that renders a vehicle eligible for impoundment under this Section 35.07 or order for impoundment of a vehicle under this section, the City shall be deemed to have satisfied its prima facie case for impoundment, and said prima facie case may only be overcome by clear and convincing evidence. c) Fee: Any vehicle towed under this Section 35.07 shall be subject to payment of all applicable towing charges, fees and fines otherwise imposed under applicable Illinois law or City Ordinance and shall also be subject to the payment of an administrative fee of $500.00. Upon payment of the administrative fee and all other applicable charges to the tow company in possession of a vehicle, the vehicle shall be released to the owner of record, lessee or a lienholder of record upon payment of all administrative fees and towing and storage fees. Said administrative fee shall be paid directly to the City, prior to the time at which the party responsible for said vehicle claims said vehicle from the towing company. d) Unclaimed Vehicles: Any vehicle which is not retrieved, with full payment of fines, costs and the administrative fee, within 35 days after an administrative hearing officer issues a written decision shall be deemed abandoned (unless an action for administrative review has been filed in the Circuit Court). Said vehicles may then be disposed of pursuant to the provisions of the City’s Towing Policy for abandoned motor vehicles. e) The eligible offenses as enumerated above are herein defined by the City of DeKalb to be public nuisances, meriting immediate abatement. The City Council hereby finds such nuisances to require immediate abatement to protect the public health, safety and welfare. Accordingly, the City may tow any vehicle allegedly involved in or present for the commission of one of the enumerated offenses, as a form of nuisance abatement. Any vehicle so towed shall be impounded and shall be subject to the payment of an administrative fee as contemplated above. Any vehicle impounded pursuant to this Ordinance shall be considered a “properly impounded vehicle” pursuant to 625 ILC 5/11-208.7. f) Presumption of Consent: In any instance where the operator of a motor vehicle is not the owner of the motor vehicle, the owner of the motor vehicle shall be presumed to consent to the operator’s use of the motor vehicle unless: a) the owner has previously reported the vehicle having been stolen or reports the vehicle stolen at the time of being notified of the vehicle having been impounded; or, b) the owner demonstrates, by a preponderance of the evidence that the vehicle was utilized without permission. Consent may be inferred based upon permitted past use of a motor vehicle, granting access to a vehicle or keys to a vehicle, the relationship
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 14 of 23
between the owner or operator, the purpose for which the vehicle was being operated, the presence of the owner in the vehicle at the time it was being operated, or other similar facts or circumstances giving rise to a reasonable inference of consent. (2014-040)
35.08 ADDITIONAL BASIS FOR CITATION/TOWING: TEMPORARY PARKING RESTRICTIONS.
The Chief of Police, Fire Chief, and their designees shall be authorized to impose temporary parking restrictions (limited hours, limited types of vehicles, etc.) or parking prohibitions (no parking permitted) within the City, under the provisions of this Section 35.08. a) Duration of Restrictions: Said temporary restrictions may be imposed for a period of no more than sixty days at a time. b) Method of Posting / Notice: No such temporary parking restrictions shall be enforced until at least 48 hours have passed since the posting of temporary signs in the affected area, indicating the applicable restrictions. Said temporary signs shall be enforceable for the time that they remain posted. In the event of an emergency that requires less notice, the temporary restrictions may be imposed and enforced upon the provision of personal notice to any vehicles parked in the area of the temporary signs at the time of their posting, and the temporary signs shall indicate the time at which the temporary restrictions shall take effect. c) Enforcement: Once 48 hours have passed after the posting of temporary signs, the temporary parking restrictions may be enforced in the same fashion as any other City parking restriction and shall have the effect of City Ordinance. Because such temporary restrictions are intended to be utilized in circumstances where the City determines that parking presents a public safety threat, any vehicle parked in violation of the temporary parking restrictions shall be subject to a minimum fine of $100, and shall be subject to immediate towing. d) Removal or Tampering with Temporary Parking Restriction Signs: It shall unlawful to move, remove, alter or tamper with any temporary parking restriction signs posted by the City. Any such violation shall be subject to a fine of not less than Five Hundred Dollars ($500.00).
35.09 UNLAWFUL PRACTICES – RELOCATOR.
It shall be unlawful for any commercial vehicle relocator: a) To operate in the City of DeKalb without first obtaining a license therein. b) To remove any vehicle from private property if the relocator knows, or should know, that the vehicle is parked in a space in which it is authorized to park. c) To deny the owner or operator of any relocated vehicle the opportunity to inspect the interior and exterior of such vehicle prior to the payment of fees for the release of such vehicle. d) To operate on the streets contained within the city limits of DeKalb any vehicle used in connection with any vehicle relocation service unless:
1. There is painted or firmly affixed to such vehicle on both sides thereof in a color or colors vividly contrasting to the color of the vehicle the name, address and telephone number of the operator thereof. Said insignia to be painted or firmly affixed to such vehicles shall be
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 15 of 23
easily legible.
2. There is carried in the power unit of such vehicle a certified copy of the currently effective City Relocator license. Copies may be photographed, photocopied or reproduced or printed by any other legible and durable process.
3. The tow vehicle is listed on the relocator's license application or as amended thereto and is properly equipped as specified in 35.09 1). e) To remove any vehicle from private property without having first obtained the written authorization of the property owner or other person in lawful control or possession of the property, his authorized agent, or any authorized law enforcement officer. Such authorization may be on a contractual basis covering a period of time or limited to a specific removal. f) To charge the private property owner, who requested that an unauthorized vehicle be removed from his property, with the costs of removing such vehicle contrary to any terms which may be a part of the contract between the property owner and the commercial relocator. g) To remove a vehicle when the owner or operator of such vehicle is present or arrives at the vehicle location at any time prior to the completion of removal, is willing and able to remove the vehicle immediately and is willing and able to pay a fee of Seventy-Five Dollars ($75.00).
For purposes of this Section, the relocator shall only be entitled to a fee of Seventy-Five Dollars ($75.00) after the tow vehicle has made physical contact with the vehicle and before the tow vehicle has removed the vehicle to the public street. The relocator may not charge any other fee in addition to the Seventy-Five Dollar ($75.00) fee unless and until such vehicle is removed by the relocator to a public street. Before a tow vehicle has made physical contact with the vehicle, the relocator shall not be entitled to any fee from the vehicle owner or operator. After the vehicle is removed to a public street, the relocator shall be entitled to the full normal relocation rate.
For purposes of this Section, the relocator shall not be required to accept personal checks but shall keep sufficient United States currency to make change for denominations up to Twenty ($20.00) Dollars. It is within the discretion of the relocator to wait for the owner or operator of a vehicle to present proper payment of relocation fees if the owner or operator does not have sufficient payment on his person. h) To fail to notify the City of DeKalb Police Department within one hour of the removal of a trespassing vehicle except that for vehicle relocations occurring between 9:00 p.m. and 2:00 a.m. on Friday and Saturday, the relocator may notify the Police Department by 3:00 a.m. rather than the normal one hour notification time period. Notification shall include a complete description of the vehicle, registration numbers if possible, the location from which and to which the vehicle was removed, and the time of removal. i) To impose any charge for service or storage in excess of the maximum rates as set forth herein. j) To remove any vehicle located within the corporate limits of the City of DeKalb, otherwise in accordance with this Chapter, to a location outside the corporate limits of the City of DeKalb. k) To fail to make a telephone number available to the City of DeKalb Police Department, at which the relocator or an employee of the relocator may be contacted at any time, during the hours in
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 16 of 23
which the relocator is engaged in the relocation of vehicles, the storage of relocated vehicles or is advertised as engaged in the relocation of vehicles, for the purpose of effectuating the release of a towed vehicle; or to fail to include such telephone number in any advertisement of the relocator's services published or otherwise appearing on or after the effective date of this Chapter. l) To fail to notify the City of any change of the location or locations of the impound lot owned or in the lawful possession or control of the relocator at which the relocator will relocate and store any and all trespassing vehicles which he has removed from private property; or to relocate a trespassing vehicle to any place or property other than the place or property listed on the relocator's license application or amendment thereto as being the properly zoned impound lot at which the relocator will relocate and store any and all trespassing vehicles which he has removed from private property; or to relocate a trespassing vehicle to any place where such vehicle will be in violation of any statute or ordinance or other regulation; or to relocate a trespassing vehicle to any public street or public parking facility. m) To deny the immediate release of a relocated vehicle to its owner or operator when said owner or operator is demanding the release and has proper payment of all charges for such relocated vehicle. Immediate release under this Section shall mean within three (3) hours of the time demand is made, provided that a lesser period of time may reasonably be expected if the relocator is open for business and/or on the premises at the time the demand is made. Immediate release shall be required 24 hours a day, 365 days a year. n) To remove any vehicle from private property unless clearly visible written notice is provided in the form of a posted tow risk sign in accordance with the provisions of this Chapter. o) To fail to provide and maintain a current listing with the Community Development Department of the addresses of all properties on which it has a contract with the owner(s) of such properties to perform commercial relocation services or to notify the Community Development Department of the addresses of any properties added to or removed from such listing. p) To fail to accept a credit card for the payment of fees and charges under this Chapter if, the relocator accepts credit cards for payment of other services and if the payment is made at the business office of the relocator. The relocator shall be under no obligation to accept credit cards for payment of services under subsection g) of this Section. q) To deny the owner or operator of any relocated vehicle the immediate release, upon demand of such owner or operator, of any personal property within such vehicle prior to the payment of all fees and charges for such relocation unless otherwise directed by the Police Department. For purposes of this Section, “personal property” shall not include any vehicle part, equipment, or installed audio system.
35.10 UNLAWFUL PRACTICE - PROPERTY OWNER.
It shall be unlawful for any property owner or his agent to relocate or authorize the relocation of any vehicle if it is legally parked in a space in which it is authorized to park. Property Owners are authorized to use any reasonable means to restrict the usage of parking on their property, including but not limited to designating specific parking spots for specific units or tenants, use of parking passes or stickers, prohibiting the parking of unlicensed or inoperable vehicles, establishing protocols for revoking parking permits, or other reasonable measures.
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 17 of 23
35.11 SECURITY REQUIREMENTS.
Every commercial vehicle relocator shall file with the City upon license application or renewal documentation that the relocator has an effective Garage Keeper's Legal Liability insurance policy and shall file with the City and have in effect an indemnity bond or insurance policy or certificates of bonds or insurance in lieu thereof which shall indemnify or insure the relocator for its liability: a) for injury to person, in an amount not less than $1,000,000 per person/per occurrence; and, b) in case of damage to property other than a vehicle being removed, damage to vehicles being moved, or damage to vehicles relocated or stored by the relocator, in an amount not less than $500,000 for any one occurrence.
Any such bond or policy shall be issued by a bonding or insurance firm qualified to do business as such in the State of Illinois. All certificates or indemnity bonds or insurance filed with the City must show the coverage effective continuously until canceled, and the City may require such evidence of continued validity annually or as it deems necessary.
35.12 PROPERTY OWNER'S RIGHT TO EMPLOY RELOCATION SERVICE TOW RISK SIGNS. a) It shall be unlawful for an owner or other person in lawful possession or control of private property to remove or employ a commercial relocator to remove an unauthorized vehicle from such property unless clearly visible written notice is provided, in the form of a posted tow risk sign in accordance with the provisions of this Chapter. b) A tow risk sign shall be lawful for purposes of permitting the commercial relocation of unauthorized vehicles provided that said sign meets the following requirements:
1. Is inspected and approved in writing by the Director of Community Development or his designee, prior to the commencement of relocation activity;
2. Is clearly visible at all times, free from interference from any natural or manmade objects and is clearly visible at night;
3. Includes a general statement indicating who is allowed to park in the area and a warning that unauthorized vehicles will be towed;
4. Is located in such area or areas as to reasonably insure visibility by vehicle operators;
5. All signs shall be erected and maintained in accordance with the approved locations designated in the site plan application as permitted by the Director of Community Development or his designee.
6. Is in compliance with the following specifications, provided that the Director of Community Development or his designee, may allow variances to these specifications as necessary or appropriate to further the intent of this Section 35.05;
(a) Approximately twenty-four (24) inches in height and thirty-six (36) inches in width;
(b) Securely affixed to an upright support or an exterior wall surface at the entrances to a
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 18 of 23
parking area and any additional conspicuous locations deemed appropriate by the Community Development Director, or his designee;
(c) Installed so that the bottom of the sign is no lower than four (4) feet from the ground and no higher than eight (8) feet from the ground;
(d) Contains letters not less than three (3) inches in height for all warnings and parking authorizations or prohibitions;
(e) Provides vivid contrast of letters and sign background color;
(f) Contains the name and 24-hour telephone number of the relocator;
(g) Contains the maximum fee allowed to be charged for vehicle relocation and release.
(h) Is located in conformance with the yard setback requirements and other applicable requirements of the property’s specific zoning district. c) Signs shall not be required to authorize or permit relocation of unauthorized vehicles parked on private property in the following instances:
1. Parking in fire lanes designated in Schedule 0, Chapter 51 of DeKalb Municipal Code.
2. Parking in approved handicap spaces;
3. Double-parking;
4. Parking in other unapproved areas such as yards;
5. Parking in private drives of property located in "SFR," Single Family Residential or "TFR," Two Family Residential zoning districts; and,
6. Parking so as to block entrance or exit drives of property in the City.
35.13 CIVIL AND CRIMINAL LIABILITY.
Nothing in this Chapter shall be construed to limit or alter the vehicle owner's or operator's civil or criminal liability for trespass.
35.14 RELOCATION RATES.
Effective with commercial relocation licenses issued effective on or after the effective date of this Ordinance: a) It shall be unlawful for a commercial vehicle relocator to impose a charge for the relocation or storage of a vehicle in excess of the maximum rate established by the Illinois Commerce Commission under 625 ILCS 5/18a-200(5) for relocator towing within Kane County or in excess of the storage fees permitted under ICC regulations for relocator towing within Kane County; b) It shall be unlawful for a commercial vehicle relocator to impose an additional charge for the immediate release of a vehicle between 7:00 a.m. and 9:00 p.m. on Mondays through Fridays
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 19 of 23
and between 7:00 a.m. and 6:00 p.m. on Saturdays; c) It shall be unlawful for a commercial vehicle relocator to impose an additional charge in excess of Thirty Dollars ($30.00) for the immediate release of a vehicle between 10:01 p.m. and 6:59 a.m. on Mondays through Fridays, Saturdays between 12:01 a.m. and 6:59 a.m. and after 6:00 p.m. on Sundays and on legal holidays recognized by the State of Illinois; d) It shall be unlawful for a commercial vehicle relocator to impose a charge for storage of a relocated vehicle in excess of the maximum rate established by the Illinois Commerce Commission under 625 ILCS 5/18a-200(5) for relocator towing within Kane County; e) It shall be unlawful for a commercial vehicle Relocator to impose any fee or charge except as authorized in this Chapter 35. Fees and charges authorized in this Chapter 35 shall be periodically reviewed by the City Council. f) It shall be unlawful for a commercial vehicle relocator to impose any fee or charge under this Chapter 35 unless the relocator gives a written receipt acknowledging and listing the payment of each fee or charge imposed by the relocator. The receipt shall also include the date and time of the vehicle's release, the location of the tow, reason for the tow, the name of the tow truck operator and the date and time of the tow. Such receipts shall also be given for all quick release tows. g) It shall be unlawful for a commercial vehicle relocator to fail to notify the Police Department if any vehicle relocated under the provisions of this Chapter remains unclaimed seven (7) days after such vehicle was relocated. h) It shall be unlawful for a commercial relocator to fail to disclose to a person inquiring about a vehicle the relocator has towed the amount of all fees and charges that may be assessed for such relocation, including information as to when the vehicle can be claimed to avoid additional charges under this Chapter. i) Unauthorized vehicles removed and stored by a commercial vehicle relocator in compliance with this Chapter 35, shall be subject to a possessory lien for services pursuant to 770 ILCS 50/1 et seq. In no event shall such lien be greater than the rate or rates established in accordance with this Chapter 35. In no event shall such lien be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this Chapter. Every such lien, unless otherwise specifically accepted, shall be payable by the use of any major credit card, in addition to being payable in cash. j) In the event that the Illinois Commerce Commission discontinues imposing towing fees for Kane County, the last-set fees shall be the maximum fee possible to impose under this Ordinance. In no event shall a towing company impose a fee in excess of the amount listed on the relocation notice sign posted at the premises from which a vehicle is removed.
35.15 LICENSES.
Relocator's License. a) Each application for a license to operate as a commercial vehicle relocator shall be made in writing to the Chief of Police, shall be verified under oath; shall be in such form and contain
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 20 of 23
such information as may be required by the Chief of Police, including but not limited to a listing of all vehicles which will be used in the relocation of trespassing vehicles and the addresses of any and all impound lots owned by or in the lawful possession or control of the relocator at which trespassing vehicles will be relocated or stored. Said application shall be accompanied by the required application fee and proof of security. In order to be eligible for a relocator's license, the relocator further must equip all tow vehicles with an apparatus designed to protect automobile bodies from damage, and with a set of dollies to transport front wheel drive vehicles and vehicles with locked wheels.
Such tow vehicles may be subject to inspection by the Chief of Police, or his designee, at the time of license application and renewal and as the Chief of Police deems it necessary. The Chief of Police may issue a relocator's license to any qualified applicant pursuant to an application filed, and to the inspection of tow vehicles, if it appears that the applicant is fit, willing and able to properly perform the service proposed and to conform to provisions of this Chapter 35. In the event that the Chief of Police refuses such a license, said refusal may be appealed to the City Manager, in writing, within ten business days of the date of the Chief of Police’s decision, and the City Manager shall then hold an administrative hearing to consider denial of the license. Applicants shall also submit a completed copy of their most current Illinois Commerce Commission Relocator’s License application or renewal, and a copy of their issued Illinois Commerce Commission Relocator’s License. b) The required annual fee for a relocator's license shall be One Hundred Twenty-five Dollars ($125.00). c) All relocator's licenses shall expire on April 30 of each year. The license fee for any relocator's license which is issued, shall be pro-rated by month and made to expire on the next April 30. d) A relocator may renew his license by submitting to the Chief of Police a written application for renewal, verified under oath, in such form and containing such information that may be required by the Chief of Police and accompanied by the required application fee and proof of security. The City may renew said license to any qualified applicant pursuant to an application for renewal filed, if it appears that the applicant is fit, willing and able properly to perform the service proposed and to conform to provisions of this Chapter. In the event that the Chief of Police refuses such a license, said refusal may be appealed to the City Manager, in writing, within ten business days of the date of the Chief of Police’s decision, and the City Manager shall then hold an administrative hearing to consider denial of the license. e) If a licensed commercial vehicle relocator engages in more than one violation of this Ordinance within the term of any license, or for other good cause shown, the City Manager may, following an administrative hearing, suspend the license of a commercial vehicle relocator for thirty (30) days. If violations of the provisions of this Chapter thereafter continue, the City Manager may, following an administrative hearing, revoke the license of a commercial vehicle relocator for a period not to exceed one (1) year. The commercial vehicle relocator may apply for a new license pursuant to the procedures set forth in this section. The Chief of Police may temporarily suspend the license of a commercial vehicle relocator, without a hearing, for a period not to exceed ten days, in the event that he determines that such temporary suspension is required. f) Relocator companies shall not have any property rights or expectation of continuation of their licenses. The City reserves the right to revoke, suspend or terminate any relocator license issued hereunder at any time, with or without cause, through action of the City Council.
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 21 of 23
35.16 PENALTIES. a) Penalties. The penalty imposed under this Chapter shall not exceed One Thousand Dollars ($1,000.00) for each violation. Each day during which the violation continues is a separate violation. The City Attorney shall bring such action in the name of the people of the City of DeKalb. Penalties recovered under the provisions of this Section shall be paid into the City treasury. By judgment, the City Manager shall have the authority to suspend or revoke the licenses of relocators who are found to have committed substantial or repeated violations of this Chapter. b) Restitution. The court may, at the sentence hearing, determine whether restitution is an appropriate sentence, in addition to any penalties which may be imposed under Subsection a) of this Section 35.16, on a defendant who is convicted of violating any provision of this Chapter 35. If the court determines that an order directing the defendant to make restitution is appropriate, the defendant may be sentenced to make restitution in the amount of all towing fees and costs paid to the defendant by the person whose motor vehicle was towed.
If restitution is so ordered to be made hereunder, the court shall determine whether said restitution shall be paid in a single payment or in installments and shall fix a period of time in which payment of restitution shall be paid in full. c) Nothing contained in this Section 35.16 shall preclude the right of any party to proceed in a civil action to recover for any damages incurred due to the violation of any provision of this Chapter 35 by the defendant. d) If a vehicle owner or operator believes his/her vehicle was improperly towed under the provisions of this Chapter, he/she may file a report with the Police Department setting forth the basis for such belief. The Police Department shall forward the report to the City Attorney for review. If the City Attorney believes a violation of this Chapter occurred, he/she may contact the relocator to resolve the matter without filing a complaint. If the matter is not resolved in that manner, the City Attorney may elect to file a complaint against the relocator. Nothing in this Section shall prohibit the City Attorney from filing a complaint whether the relocator is contacted or not.
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 22 of 23
CHAPTER 35 “TOWING POLICY” TABLE OF AMENDMENTS The following table provides for the amendments made to this Municipal Code Chapter since its original effective date of June 11, 1984 (Ordinance 1984-043). EFFECTIVE ORDINANCE DESCRIPTION OF AMENDMENT DATE NO. 6/11/1984 1984-043 Amending the Municipal Code of the City of DeKalb by Adding a New Chapter 35 "Towing Policy" for the Removal of Vehicles from Private Property and Regulating Relocation and Storage of Said Vehicles.
10/27/1986 1986-068 Amending Chapter 35 “Towing Policy”, Section 35.03 “Unlawful Practices”, and Section 35.08 “Post Tow Hearing”.
3/23/1987 1987-012 Amending Chapter 35 “Towing Policy”.
4/13/1987 1987-018 Amending Chapter 35 “Towing Policy”, Section 35.10 “Penalties”.
3/28/1988 1988-016 Amending Chapter 35 “Towing Policy,” Section 35.05 “Property Owner’s Right to Employ Relocation Service and Tow Risk Signs”.
10/9/1989 1989-090 Amending Chapter 35 “Towing Policy”. (Various Sections)
9/23/1991 1991-100 Amending Chapter 35 "Towing Policy", Section 35.09, "Licenses", Paragraph 3. (Setting licenses to expire annually on April 30)
4/13/1992 1992-034 Amending Chapter 35 "Towing Policy", Section 35.09 "Licenses" to Increase Fee to $25.00.
4/11/1992 1992-042 Amending Chapter 35 "Towing Policy". (Various additions and deletions)
9/25/1995 1995-109 Amending Chapter 35 “Towing Policy”, Section 35.05 “Property Owner’s Right to Employ Relocation Service Tow Risk Signs”, Subsection b) (Inserting a new #5 and renumbering the existing #5 to #6).
1/26/1998 1998-018 Amending Chapter 35 "Towing Policy", Section 35.03 "Unlawful Practices - Relocator", Section 35.05, “Property Owner’s Right to Employ Relocation Service Tow Risk Signs”, Section 35.07 "Relocation Rates", and Section 35.10 "Penalties".
3/16/1998 1998-029 Amending Chapter 35 "Towing Policy" Adding to Section 35.03 (r); Change to 35.05, (g); Adding to Section 35.07 (j).
1/8/2001 2001-003 Amending Chapter 35 “Towing Policy”, Section 35.03 “Unlawful Practices – Relocator”.
City of DeKalb Municipal Code Chapter 35 “Towing Policy” Page 23 of 23
CHAPTER 35 “TOWING POLICY” TABLE OF AMENDMENTS The following table provides for the amendments made to this Municipal Code Chapter since its original effective date of June 11, 1984 (Ordinance 1984-043). EFFECTIVE ORDINANCE DESCRIPTION OF AMENDMENT DATE NO. 5/24/2010 Failed Amending Chapter 35 "Towing Policy”, Section 35.02 “Definitions”, Section 2010-010 35.03 "Unlawful Practices – Relocator”, Section, 35.05 “Property Owner’s Right to Employ Relocation Service Tow Risk Signs”, Section 35.07 "Relocation Rates”, Section 35.08 “Remedies”, Section 35.09 "Licenses", and 35.10 “Penalties”.
12/10/2012 2012-101 Amending Chapter 35 “Towing Policy” Relating to Towing and Relocation of Vehicles for the City of DeKalb.
2/11/2013 2013-006 Amending Chapter 35 “Towing”, Section 35.07 “Vehicle Impoundment or Immobilization: Tow for Specified Violations”, Subsection b) “Procedures for Impoundment”.
12/8/2014 2014-040 Amending Chapter 35 “Towing Policy”, Section 35.07 “Vehicle Impoundment or Immobilization: Tow for Specified Violations, Subsections (a), (e), and (f).
2/10/2020 2020-005 Amending Chapter 35 “Towing”, Chapter 52 “Offenses Against Public Peace – Safety and Morals”, and Chapter 64 “Smoking Regulations” to Conform to New Cannabis and Tobacco Laws.
RESOLUTION 2020-
APPROVING AN AUDITORIUM LIQUOR LICENSE FOR PRESERVATION OF EGYPTIAN THEATRE (P.E.T.), INC., D/B/A EGYPTIAN THEATRE, 135 N. 2ND STREET, DEKALB, ILLINOIS.
WHEREAS, the City of DeKalb regulates the sale of alcoholic beverages within the corporate limits of the City pursuant to the applicable provisions of the Illinois Liquor Control Act and Chapter 38 of the City Code of Ordinances; and
WHEREAS, the City has received and reviewed an application for an Auditorium Liquor License for the establishment known as the Egyptian Theatre, located at 135 N. 2nd Street, DeKalb, Illinois, which will be operated by Preservation of Egyptian Theatre (P.E.T.). The City Council has determined that it is appropriate to issue said licenses to the establishment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DEKALB, ILLINOIS:
SECTION 1: A liquor license, Auditorium, shall be issued for the Egyptian Theatre, 135 N. 2nd Street, DeKalb, Illinois (“Licensee”) subject to the following terms and conditions:
1. After issuance, the license shall be subject to all provisions of the City Code of the City of DeKalb, including those provisions pertaining to the term of an initial issuance of liquor license, renewal of liquor license, and similar provisions, unless specifically waived herein.
2. The City Council expressly authorizes the Liquor Commissioner to approve of further and specific regulations of the uses of the Premises within the Business Plan and Premises Plan, either as initially approved or as later amended by the Liquor Commissioner.
3. The License shall be conditioned upon the following conditions precedent to final issuance:
a. The applicant shall be required to obtain and maintain at all times a Fire Life Safety license for the licensed premises;
b. The applicant shall obtain a State of Illinois liquor license prior to commencing liquor operations;
c. The applicant and all employees must successfully complete a Certified Alcohol Server Education Program that is state accredited as a Basset Program prior to the date on which the applicants and employees start serving, preparing or selling alcohol; and
Resolution 2020- Page 2 of 2
d. The applicant shall operate the premises in accordance with all applicable codes and ordinances and shall collect and remit all taxes required under applicable federal, state or local laws.
4. The License shall be deemed to permanently include the following restrictions:
a. The property shall otherwise comply with all applicable City Codes and Ordinances.
b. The property shall comply with applicable Unified Development Ordinance (UDO) requirements and parking restrictions.
City staff are authorized and directed to issue a license upon satisfaction of the conditions precedent to issuance, and to thereafter enforce the terms of licensure included herein. Pending completion of those items, a conditional license shall be issued. Said conditional license may be utilized to obtain any required federal or state licensure and may be relied upon by any superior governmental body.
SECTION 2: That the City Clerk or Executive Assistant of the City of DeKalb, Illinois, be authorized and directed to attest the Mayor’s Signature and shall be effective thereupon.
PASSED BY THE CITY COUNCIL of the City of DeKalb, Illinois at a Regular meeting thereof held on the ____ day of ____ 2020 and approved by me as Mayor on the same day.
ATTEST:
______JERRY SMITH, Mayor
RESOLUTION 2020-
AUTHORIZING AN AGREEMENT FOR CONSTRUCTION PHASE ENGINEERING SERVICES WITH CRAWFORD, MURPHY & TILLY FOR THE RELOCATION AND REPLACEMENT OF THE EXISTING NAVAID UNITS ON RUNWAY ENDS 2, 20, AND 27 (IL PROJECT DKB-4556).
WHEREAS, the City of DeKalb is a home rule unit as defined in Article VII, Section 6 (a) of the Illinois Constitution and has jurisdiction over matters pertaining to its government; and
WHEREAS, the City Council seeks to authorize the Mayor to proceed with airport project DKB-4556 and enter into a Standard Agreement for Construction Phase Engineering Services with Crawford, Murphy and Tilly, Inc. for the relocation and replacement of the existing NAVAID units on runway ends 2, 20, and 27 (IL Project DKB-4556, SBG Project: 3-17-SBGP-120/139); and
WHEREAS, Project DKB-4556 is one of the projects listed on the DeKalb Taylor Municipal Airport’s FY2020-2024 Transportation Improvement Plan; and
WHEREAS, the agreement with Crawford, Murphy & Tilly in the amount of $79,000 includes the federally-required project supervision for this scheduled upgrade, with the local cost at $3,950; the state cost at $3,950, and the federal cost at $71,100. The City of DeKalb’s local share is budgeted in Fund 260 (TIF #1 260-00-00-83900).
NOW THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF DEKALB, ILLINOIS:
SECTION 1: That the City Council of the City of DeKalb hereby approves of the continuation of Project DKB-4556. Further, the City Council authorizes the Mayor to execute a Standard Agreement for Construction Phase Engineering Services with Crawford, Murphy & Tilly, Inc., in the form attached hereto, subject to such changes as are acceptable to the Mayor with the recommendations of City Staff.
SECTION 2: That the City Clerk or the Executive Assistant of the City of DeKalb, Illinois be authorized and directed to attest the Mayors signature and shall be effective there upon.
PASSED BY THE CITY COUNCIL of the City of DeKalb, Illinois, at a Regular meeting thereof held on the ____ day of ____ 2020 and approved by me as Mayor on the same day.
ATTEST:
______JERRY SMITH, Mayor
ORDINANCE 2020-
AUTHORIZING AN EFFECTIVE ELECTRICAL UTILITY TAX RATE FOR ELECTRICITY USED OR CONSUMED BY VENTUS TECH SERVICES, LLC (PROJECT VENTUS) IN THE CITY OF DEKALB, ILLINOIS.
WHEREAS, the City of DeKalb (the “City”) is a home rule unit of local government which may exercise any power and perform any function pertaining to its government and affairs pursuant to Article VII, Section 6, of the Illinois Constitution of 1970; and
WHEREAS, the City imposes a tax upon the privilege of using or consuming electricity pursuant to 65 ILCS 5/8-11-2 and Chapter 63 of the City’s Municipal Code (the “Electricity Tax”); and
WHEREAS, Ventus Tech Services LLC (“Ventus”) is the owner of property legally described in Exhibit A attached hereto and incorporated herein (the “Property”); and
WHEREAS, the Property is located in an Enterprise Zone established pursuant to the Illinois Enterprise Zone Act, 20 ILCS 655/1, et seq., that was certified by the Department of Commerce and Economic Opportunity on March 16, 2020; and
WHEREAS, on April 27, 2020, Ventus and the City entered into an Annexation and Development Agreement (the “Annexation Agreement”) to develop the Property as a data center with accessory uses (the “Project”); and
WHEREAS, the Annexation Agreement requires that the City adopt an ordinance exempting a certain percentage of the electricity used or consumed by Ventus that is necessary to cause the effective Electricity Tax rate in each calendar year to equal $0.00045 per kilowatt hour from the Electricity Tax for a period of 20 calendar years commencing in the first full calendar year that is two years after the date that the Project is fully energized, provided that Ventus shall pay the City at least $125,000 per year during the period of the exemption (the “Electricity Tax Exemption”); and
WHEREAS, the City’s corporate authorities have considered this Ordinance and have determined that approving this Ordinance is in the City’s best interests and further promotes the public health, safety and welfare;
NOW, THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of DeKalb, DeKalb County, Illinois, as follows:
SECTION 1: Recitals. The recitals to this Ordinance are true, material, adopted, and incorporated herein as Section 1 to this Ordinance.
SECTION 2: Electricity Tax Exemption Approved. Pursuant to 65 ILCS 5/8-11-2, 65 ILCS 5/11-15.1-2, 220 ILCS 5/9-222.1, and the City’s home rule powers, the City’s corporate authorities, by a majority vote, authorize and approve the Electricity Tax Ordinance 2020- Page 2 of 4
Exemption. Commencing in the first full calendar year that is two years after the date that the Project is fully energized, the City shall exempt from its Electricity Tax a certain percentage of the electricity used or consumed by Ventus Tech Services LLC that is necessary to cause the effective rate for the City’s Electricity Tax in each calendar year to equal $0.00045 per kilowatt hour for a period of 20 calendar years, provided that Ventus shall pay the City at least $125,000 per year during the period of the Exemption and otherwise comply with the provisions of Article 5.5(a) of the Annexation Agreement. The City’s corporate authorities further authorize and direct the City Clerk or Executive Assistant to transmit a copy of this Ordinance to the Department of Commerce and Economic Opportunity.
SECTION 3: Home Rule. This Ordinance and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether such ordinance should (a) contain terms contrary to the provisions of current or subsequent non- preemptive state law, or (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the City of DeKalb that to the extent that the terms of this Ordinance should be inconsistent with any non- preemptive state law, that this Ordinance shall supersede state law in that regard within its jurisdiction.
SECTION 4: Effective Date. This Ordinance shall be in full force and effect upon its passage and approval and shall subsequently be published in pamphlet form as provided by law; however, the Exemption approved by this Ordinance shall not take effect until the first full calendar year that is two years after the date that the Project is fully energized.
PASSED BY THE CITY COUNCIL of the City of DeKalb, Illinois at a Regular meeting thereof held on the ____ day of ____, 2020 by the following roll call vote:
ATTEST:
______JERRY SMITH, Mayor
EXHIBIT A Ordinance 2020- Page 3 of 4
(Legal Description of the Property)
THAT PART OF THE NORTH HALF OF SECTION 2 AND THAT PART OF THE NORTH HALF OF SECTION 1, ALL IN TOWNSHIP 39 NORTH, RANGE 4 EAST, OF THE THIRD PRINCIPAL MERIDIAN, LOCATED IN DEKALB COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND SURVEY NAIL REFERENCING THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 2, PER SURVEY MONUMENT RECORD RECORDED AS DOCUMENT NUMBER 2016-004286 IN THE OFFICE OF THE DEKALB COUNTY RECORDER; THENCE SOUTH 89 DEGREES 38 MINUTES 34 SECONDS EAST (BASIS OF BEARINGS – ILLINOIS STATE PLANE COORDINATES, EAST ZONE (NAD83)) ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 49.06 FEET TO A FOUND ALUMINUM DISK REFERENCING THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 40 NORTH, RANGE 4 EAST, OF THE THIRD PRINCIPAL MERIDIAN, PER SURVEY MONUMENT RECORD RECORDED AS DOCUMENT NUMBER 2016-004285 IN THE OFFICE OF THE DEKALB COUNTY RECORDER; THENCE SOUTH 89 DEGREES 51 MINUTES 16 SECONDS EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2 A DISTANCE OF 45.93 FEET TO THE EASTERN RIGHT OF WAY LINE OF ILLINOIS ROUTE 23, PER THAT TRUSTEES DEED RECORDED AS DOCUMENT NUMBER 1973-375200 IN THE OFFICE OF THE DEKALB COUNTY RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 51 MINUTES 16 SECONDS EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2 AND ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2 A DISTANCE OF 2,599.89 FEET TO A FOUND 1 INCH IRON MATCHING THE TIES THAT REFERENCE THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 40 NORTH, RANGE 4 EAST, OF THE THIRD PRINCIPAL MERIDIAN, PER SURVEY MONUMENT RECORD RECORDED AS DOCUMENT NUMBER 2006-020095 IN THE OFFICE OF THE DEKALB COUNTY RECORDER; THENCE SOUTH 89 DEGREES 46 MINUTES 03 SECONDS EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2 AND ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 A DISTANCE OF 2,646.05 FEET TO A FOUND MAGNAIL REFERENCING THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 4 EAST, OF THE THIRD PRINCIPAL MERIDIAN, PER SURVEY MONUMENT RECORD RECORDED AS DOCUMENT NUMBER 2006- 012657 IN THE OFFICE OF THE DEKALB COUNTY RECORDER; THENCE SOUTH 89 DEGREES 42 MINUTES 19 SECONDS EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 AND ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1 A DISTANCE OF 2,644.80 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 4 EAST, OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 89 DEGREES 41 MINUTES 46 SECONDS EAST ALONG THE Ordinance 2020- Page 4 of 4
NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1 A DISTANCE OF 1,322.41 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE SOUTH 00 DEGREES 33 MINUTES 29 SECONDS WEST ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1 A DISTANCE OF 2,640.98 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 89 DEGREES 32 MINUTES 16 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1 A DISTANCE OF 1,323.96 FEET TO A FOUND 1 INCH IRON PIPE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 1; THENCE CONTINUING NORTH 89 DEGREES 32 MINUTES 16 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 A DISTANCE OF 2,650.91 FEET TO A STONE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 1 (REFERENCED BY A FOUND IRON PIPE 0.25 FEET WEST OF THE STONE), PER SURVEY MONUMENT RECORD RECORDED AS DOCUMENT NUMBER 1978-413834 IN THE OFFICE OF THE DEKALB COUNTY RECORDER; THENCE SOUTH 89 DEGREES 57 MINUTES 05 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2 A DISTANCE OF 2,663.19 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 00 DEGREES 33 MINUTES 43 SECONDS EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2 A DISTANCE OF 907.55 FEET TO THE NORTHEASTERN CORNER OF THE SOUTHERN 55 RODS (907.5 FEET) OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE SOUTH 89 DEGREES 57 MINUTES 05 SECONDS WEST ALONG THE NORTHERN LINE OF THE SOUTHERN 55 RODS OF THE NORTHWEST QUARTER OF SAID SECTION 2 A DISTANCE OF 2,606.19 FEET TO A POINT ON THE EASTERN RIGHT OF WAY LINE OF ILLINOIS ROUTE 23, PER THAT TRUSTEES DEED RECORDED AS DOCUMENT NUMBER 1973-375200 IN THE OFFICE OF THE DEKALB COUNTY RECORDER; THENCE NORTH 00 DEGREES 32 MINUTES 30 SECONDS EAST ALONG SAID EASTERN RIGHT OF WAY LINE 698.92 FEET; THENCE NORTH 02 DEGREES 15 MINUTES 43 SECONDS EAST ALONG SAID EASTERN RIGHT OF WAY LINE 1,045.63 FEET TO THE POINT OF BEGINNING, CONTAINING 505.329 ACRES, MORE OR LESS.