DeKalb Times

City of Sycamore City Council met Aug. 20.

Here is the minutes provided by the Council:

ROLL CALL

Mayor Lang called the meeting to order at 7:00 p.m. and City Clerk Mary Kalk called the roll. Those Alderpersons present were: Alan Bauer, Steve Braser, Nancy Copple, Rick Kramer, Virginia Sherrod, David Stouffer and Chuck Stowe. Pete Paulsen arrived at 7:03 after the Pledge of Allegiance. City Attorney Keith Foster was also present.

INVOCATION – Marc Jones, The Church of Jesus Christ of Latter-Day Saints, gave the invocation. PLEDGE OF ALLEGIANCE led by Alderperson Virginia Sherrod

APPROVAL OF AGENDA

MOTION

Alderperson Braser moved to approve the agenda and Alderperson Kramer seconded the motion.

VOICE VOTE

Mayor Lang called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 8-0.

APPOINTMENTS

A. Appointment of Father Carl Beekman to the Human Relations Commission.

Mayor Lang thanked Paul Lupinski for serving on the Human Relations Commission and announced the appointment of Father Carl Beekman, who is also the new Father at St. Mary’s Catholic Church of Sycamore.

MOTION

Alderperson Kramer moved to approve the appointment and Alderperson Sherrod seconded the motion.

VOICE VOTE

Mayor Lang called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 8-0.

AUDIENCE TO VISITORS

CONSENT AGENDA

A. Approval of the Minutes for the Regular City Council Meeting of August 6, 2018. B. Plan Commission Meeting Minutes from July 9, 2018.

C. Payment of the Bills for August 20, 2018 in the amount of $695,874.27

MOTION

Alderperson Bauer moved to approve the Consent Agenda and Alderperson Stowe seconded the motion.

ROLL CALL VOTE

Mayor Lang called for a roll call vote to approve the motion. Alderpersons, Bauer, Braser, Copple, Kramer, Paulsen, Sherrod, Stouffer, and Stowe voted aye. Motion carried 8-0.

PRESENTATION OF PETITIONS, COMMUNICATIONS, AND BILLS

A. Recognition of Federated Preschool on 50-Years of Early Childhood Education. Mayor Lang introduced the new Director, Jan Scheffers to present her with a Letter of Recognition.

Jan Scheffers said her and Anita Kendall have been the only two directors in the 50 years. She said the preschool has served 7,000 kids, from 14 towns, and 5 counties, coming from as far as Montgomery and Harvard. It’s a cooperation with Sycamore, the Sycamore School District, and the Regional Office of Education (ROE) to transition the preschoolers into Kindergarten. She said she wanted this to be on the City record books because these children could be the future mayor, future council member or future business owner. She introduced Board Member Phil Wagener.

Phil Wagener said the Federated Preschool is just one example of the churches continuing outreach both to Sycamore and DeKalb County. He said it is an honor to receive this and recognized Jan Scheffers for her level of commitment to the preschool.

Mayor Lang recognized Reporter Brian Adams on his last City Council meeting as he is moving to Iowa. He thanked and applauded him.

REPORT OF OFFICERS

City Manager – Brian Gregory said that FY19 budget will include the Fall Tree planting program. Those bids will go out and be awarded at the September 17th Council meeting. Close-outs for The Forge’s Façade Grant and The Carriage House Apartments Gateway Improvement Grant will also be on the September agenda. They will be closing out the Façade Grant for The Forge and the Gateway Improvement Grant for The Carriage House Apartments. For an update on the old Brown’s building, Doug Olson said the equipment has been cleaned out and it is an empty shell. Mr. Olson passed along his compliments to John Sauter and the Building and Engineering Department as he is submitting permits and getting ready to start the renovation which will be complete in late 2018 or early 2019. Mr. Gregory said the Treasurer is out tonight but referred the Council to the Treasurer’s report, which is on a cash-basis. A quarter of the fiscal year is already complete and with a 25% benchmark, revenues are just above that for the General Operating Fund and the expenditures are just below that. The auditors will report at a meeting in September to look at the audited figures from FY18. He also thanked Brian Adams for his service to this community and wished him and his family well. He said Mr. Adams has always been fair in his reporting and always helped get information out to the community.

Police Chief – Jim Winters thanked the Mayor for doing a ride-along last week and said they appreciate his interest and support. He said the invitation is open to the Council. The Police Department and 1st Ward Alderman Alan Bauer and David Stouffer will host a ward meeting on Wednesday, August 22nd at 7:00 p.m. at the Sycamore Public Library. They will discuss issues in the ward and answer any questions. He said they received a Traffic Enforcement Grant though the Department of Transportation for $11,772 for traffic enforcement for distracted driving details, DUI patrols, and occupant restraint details.

Fire Chief – Pete Polarek said there have been more sirens than normal this summer. He reviewed the activity and they are up 105 calls from this time last year. When looking at a three month snapshot for the type of calls, EMS calls are up 5%. That may be the trend that we may continue to see as they receive calls or lift assists and medical alarms. He said last year, they were up 100 calls at this time last year and now they are at another 100 over that.

Director of Public Works – Fred Busse - absent

Treasurer/Asst. to the City Manager – Adam Orton – absent

Building & Engineering Director – John Sauter said they issued a building shell permit for the new DeKalb County History Museum on North Main Street. Excavation for the foundation walls took place last week and the concrete walls are expected to be poured this week. Work is expected to begin on the building shell on the 27th so you should be able to see some progress of what the building will look like by the end of the month.

Director of Human Resources – Maggie Peck said they are receiving quotes for Risk Management Insurance renewal that will be coming up this fall. Those quotes are due in September, so she will present them at that time. She said that she and Chief Polarek participated in testing for the Firefighter Entry Level. From that, they will begin with the Fire and Police Commission to do oral interviews the week of September 10th.

City Engineer – Mark Bushnell said Airport Road was closed Thursday morning and reopened at a little bit after 8:00am on Saturday. Work will continue later this week that will require temporary lane closures and flaggers. The Bethany Road Repair by Adient (Johnson Controls) is complete and was also opened on Saturday. He also said they have received calls about survey flags in the Sabin Street area. This is for the upcoming Park District Pathway project. The pathway will run from the Sycamore Forest Preserve (formerly Evergreen Village) to Page Street and primarily follow the old train tracks. The survey flags aren’t an indication of the proposed path location but are used to identify property corners and survey work being done in the area.

City Manager Brian Gregory said that MetroNet has started some utility work in town, so if residents see Julie Locates or utility locates, that could be a sign that work may be happening in their area. He said that residents should receive a letter and signs should be placed in the area when they are working. A link to MetroNet’s website will be put on the city’s website.

City Engineer Mark Bushnell said that MetroNet has is a three-step process where they send a letter, send a flyer, and place a yard sign all with the 800 phone number and website to log any issues. An issue is to be resolved within 48 hours and if not, he said feel free to call the city and they will contact MetroNet.

Mayor Lang asked what areas of town they will cycle through.

City Engineer Mark Bushnell said they are currently working on Bethany Road and major thoroughfares such as Route 23 and Peace Road, installing the ring. They are close to having the Foxpointe area permitted, so that would be the next area.

REPORTS OF STANDING COMMITTEES

Finance – Alan Bauer - no report

Public Safety – Pete Paulsen - no report Public Works – Chuck Stowe - no report

PUBLIC HEARINGS - None

ORDINANCES

A. Ordinance 2018.04—An Ordinance Approving a Conditional Special Use Permit for Uriel Morales, Owner of County Liquors, to Operate an Equipment Reading

City Manager Brian Gregory said this has gone to the Plan Commission both in a workshop setting on July 9th and for a public hearing on August 13th. It comes with a recommendation by a vote of 9-0 and has conditions that the Plan Commission chose to attach. When the owners recently contacted the Liquor Commissioner with a question on operating hours to rent the U-Hauls prior to the Sunday liquor sale times, staff found that the use, aligned in the Unified Development Ordinance (UDO), is defined as a Special Use, not as a permitted use in C-3, Highway Business Zoning classification. Staff followed DeKalb County’s approach to noncompliant zoning uses, allowing the owners an opportunity to submit an application for a special use permit and go through the process. Business owner Uriel Morales along with property owner Louis Schoenburg made a petition for a Special Use permit to allow an equipment rental store to include trucks and trailers at The County Liquors property at 625 East State Street. A couple items discussed at the Plan Commission started with the Special Use Criteria, as stated below.

Special Use Criteria

The starting point in the discussion is to consider the special use criteria that the City uses in evaluating requests. Per Section 4.3.3 of the City’s Unified Development Ordinance, a Special Use Permit shall be granted only if evidence is presented to establish that:

A. The proposed structure or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;

B. The proposed structure or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety, and general welfare; and

C. The proposed structure or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.

Section 4.3.5 “Conditions” of the UDO allows the Plan Commission to recommend and the City Council may impose conditions or restrictions upon the location, construction, design and operation of a special use as respectively found necessary or appropriate to secure compliance with the standards.

He continued that staff pointed out the following items from the agenda:

Parking

1. Given the special use request is for trucks and trailers that are stored in a parking lot intended for a liquor store, parking needs to be considered. Currently, the site has room for approximately 20-24 passenger vehicles in the paved area. To the north, is a larger gravel area that could accommodate considerably more vehicles, however conflicts with section 6.7.4.C.1.a and b of the UDO, which read, “every parking space, including access thereto, shall have an all-weather dust-free surface” and “all open off-street parking areas and driveways shall be improved with a compacted CA-6 crushed stone base, not less than eight (8) inches thick, surfaced with two (2) inch bituminous concrete surface or sealed with a bituminous surface treatment Class A-2 or equal, or four (4) inches of concrete on compacted base.”

2. The code requires retail trade uses to have 1 space for every 200 sq. ft. and 1 space for every 400 sq. ft. for truck and trailer rental. With a building that is approximately 3,000 sq. ft., roughly 15 spaces would be required for the liquor store and 8 spaces for the U-Haul business. The UDO contemplates shared parking concepts, therefore the site seemingly has enough parking to serve both operations.

Where this becomes an issue is when the storage of rental trucks and trailers are staged in parking areas reserved for customers. With approximately 7-12 trucks or trailers available for rent, if each is parked in the paved area, there are times when the number of available parking spots does not meet the UDO requirements.

3. The surface of the parking lot is deteriorated and requires maintenance and striping. Maintenance of the existing lot and/or the paving of additional parking spots should be considered as a condition of a special use.

Arrangement of Rental Vehicles and Trailers

The special use criteria outline that the arrangement and operation of the business should be done in a way that permits neighboring property to be used as intended. He said that no complaints were received regarding where the trucks were placed or aligned at County Liquors, however, City staff has fielded complaints for businesses where products, especially larger products, are staged within the setback area. These complaints typically are regarding sightlines as neighboring properties are not able to capitalize on attracting business from passing traffic.

Staff recommends that, if the special use is approved, a condition be placed on the placement of the rental vehicles and equipment. This would either be along the plane of the front of the building at the setback line or to the rear of the property behind the building.

Property Appearance

In addition to the parking conditions outlined above, the building and landscaping are in need of cosmetic improvements. The property owners started painting and landscaping improvements and have applied for a Gateway Improvement Grant to replace the front windows, install stone at the bottom of the south elevation and remove the majority of the brick pavers that have become a landscaping maintenance issue, and install grass, trees and other new landscaping.

Mr. Gregory added that the windows were installed last Friday and the owners have sealed and striped the paved area to the west of the building and plan to do the same on the east side to better improve the appearance and the functionality of the property.

Status of the Property

At the Plan Commission workshop, it was noted that the property was constructed under the jurisdiction of DeKalb County and subsequently annexed to the City of Sycamore. The property was originally developed as a gas station frequented by semi- tractor trailers which parked in the rear of the building in the gravel area. It was later converted to a liquor store when the property was annexed and continued to have semi-trailers parked in the rear. He said there was testimony offered at the public hearing by the current property owner, Louis Schoenburg, about that process with Mayor Red Johnson on a “handshake” type basis and was suggested that current uses and conditions could continue. Given the rear of the property has served for the parking/temporary storage of vehicles, there was discussion as to how to reconcile any “grandfathering” of the property’s current conditions with the special use conditions. This could be done by making a condition of the special use that any future owner of the property, who is not a petitioner for the special use permit, is required to make additional parking improvements to satisfy the adopted codes in effect at that time.

He also pointed out section 4.3.5 Condition, of the UDO which allows the Plan Commission and/or the City Council to place conditions on any Special Use request that would reconcile the Special Use Criteria and meet the intent. The conditions that come tonight after the workshop and public hearing are:

Conditional Special Use Permit

After discussion and testimony offered at the Public Hearing, the Plan Commission voted 9-0 to forward a favorable recommendation to grant a Special Use Permit for an Equipment Rental Store, including trucks and trailers to Uriel Morales with the following conditions:

• That the current paved area on the west and east sides of the building shall be maintained and all parking spots, including required ADA stalls, shall be striped and marked.

• That rental vehicles shall be arranged as follows on the premises: all trucks or vans must be parked behind the rear plane of the existing building; all open trailers must be parked behind the rear plane of the building on the west side; and transport trailers that are not open trailers may be parked on the west side of the building between the rear plane and front plane of the building.

• That ongoing use of the unimproved gravel parking area behind the building shall be limited to these petitioners (Uriel Morales and Louis Schoenburg) to serve the current uses for a liquor store and the equipment rental store for trucks and trailers. In the event that the property is used for any other purpose, or owned or operated by any other individuals or entities, additional parking improvements sufficient to meet codes in effect at that time shall be required. Further, that no semi-trailer parking shall be permitted on the premises.

He said that he, Manager Lisa Jensen, and property owner Louis Schoenburg are present to answer any questions.

Alderperson Bauer said a business needs flexibility and wondered if there would be allowed any should their business change where they may rent more enclosed trailers and fewer open trailers. He asked if it would be allowed to move the equipment around and use the space as long as it is behind the set-back.

Attorney Keith Foster said that we are ok as everything is behind the plane and the closed trailers may park up to the front plane of the building.

City Manager Brian Gregory said yes, if they had additional transport trailers, they could be parked in the rear instead up near the front plane of the building.

Alderperson Stouffer said it is looking a lot better with the west side being paved and striped. He asked about the back of the property and understands that it will not be paved.

City Manager Brian Gregory said that is where the question of the current conditions or grandfathering comes into play. Since the property was brought into the City, trucks have parked back there and that’s been a use that’s been ongoing. The third condition would imply that those conditions could stay but only for the current property owner or current business owner. In the event that the property would transfer to someone else other than the petitioners, it would have to meet the code at that point.

Conditional Special Use Permit

After discussion and testimony offered at the Public Hearing, the Plan Commission voted 9-0 to forward a favorable recommendation to grant a Special Use Permit for an Equipment Rental Store, including trucks and trailers to Uriel Morales with the following conditions:

Alderperson Copple asked if there are now 23 paved spots.

City Manager Brian Gregory said yes there are 23 or 24.

Alderperson Stowe said he had a comment from the Plan Commission regarding not making the petitioners pave the back gravel area. He said it’s not just because of the grandfathering. It’s because it is in a flood plain. They cannot add anything to it. They would have to dig it out and put it to the same level. It would definitely be a lot of expense.

MOTION

Alderperson Braser moved to waive first reading and Alderperson Stouffer seconded the motion.

VOICE VOTE

Mayor Lang called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 8-0.

MOTION

Alderperson Braser moved to approve Ordinance 2018.04 and Alderperson Kramer seconded the motion. Mayor Lang said he appreciated the petitioner’s patience with government.

Louis Schoenburg said he appreciates this and said this is a good business for Sycamore.

ROLL CALL VOTE

Mayor Lang called for a roll call vote to approve the motion. Alderpersons, Bauer, Braser, Copple, Kramer, Paulsen, Sherrod, Stouffer, and Stowe voted aye. Motion carried 8-0.

RESOLUTIONS

A. Resolution No. 759—A Resolution Authorizing the City Manager to Sign a Letter of Credit to Provide Financial Assurance for Radium Decommissioning Activities in Accordance with the Regulations of the Illinois Emergency Management Agency.

City Manager Brian Gregory said, with radium removal equipment through WRT, the City is required by the Illinois Emergency Management Association (IEMA) to have Financial Assurance in case the equipment needed to be decommissioned. The City posted a letter of credit in 2014 in the amount of $300,540 and the new estimate from IEMA to decommission the equipment is $396,680. This resolution formally acknowledges the City’s understanding of the financial assurance increase and authorizes the City Manager to modify the current letter of credit to the required amount of $396,860.

Alderperson Braser said he has an issue with a 25% increase on the Letter of Credit and asked what the reasoning was for it.

City Manager Brian Gregory said there is a breakdown in the background and said that when they switched to the Letter of Credit in 2014. Before that, they were using cash as an alternate source, so all the reserves in the water fund were tied up in that assurance. He said it’s more of a 10 year difference and that the cost is for the assurance of both removing the equipment and disposing of it. In the event, the City would hire contractors and negotiate whatever price they could.

MOTION

Alderperson Braser moved to approve the Resolution 759 and Alderperson Stowe seconded the motion.

ROLL CALL VOTE

Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Kramer, Paulsen, Sherrod, Stouffer, and Stowe voted aye. Motion carried 8-0.

B. Resolution No. 760—A Resolution Authorizing the City Manager to Execute an Intergovernmental Cooperation Agreement Between the City of Sycamore and the Sycamore School District 427 to Enforce Parking Regulations on School District Properties.

Chief Winters said the school district approached the School Resource Officer when they were failing to have the ability to enforce parking regulations. This is to make sure that the school can identify parking violations and make sure there are some teeth to their administration violations. If they can’t enforce those violations then don’t know what cars are in the lot. There will be a progression where the first four violations would be the school administration violations and then the fifth violation would be from the officer. The school administration violations in the past, would be disregarded without having information on whose car it was. For all the $10 administration violations last year, the school collected $10 the entire school year. Beginning with the fifth violation, this agreement would allow the School Resource Officer to run the plate, send a letter to the registered owner, and then write a City parking ticket. The owner’s information would not be released to the school since it is for law enforcement purposes only. The school would just be notified that a letter has been sent and that car’s owner is subject to a city violation.

City Manager Brian Gregory added that the Illinois law requires the city to have an agreement in place, for enforcement on school property, even though school property is public property. Once it gets to the fifth violation, it becomes a city matter and goes through the city’s process. Any fines or fee revenues would stay with the city, so it is for the city to enforce that public property, at the request of the school district.

Alderperson Bauer asked if there needed to be a parking ordinance or if this can just be done on an agreement. City Attorney Keith Foster said yes by agreement.

Alderperson Stouffer asked why it was the fifth violation and not the third that police get involved.

Police Chief Winters said the school came up with that because they want it to be a progressive process. Alderperson Copple asked if this is for kids without a parking pass.

Police Chief Winters said it can be for no parking pass or any type of parking violations that is within the school’s parking rules.

Alderperson Braser asked if this was only during school hours.

Police Chief Winters said it would be for any type of parking violation that they have on their books but the parking permit would only be during school.

City Manager Brian Gregory said the goal is for safety and compliance and this process gives the ability to assist the school district in the event that it is needed.

Mayor Lang said this is a good message to the student population that we are concerned about safety.

Police Chief Winters said Principal Carlson will make sure that everyone is aware of this through their resources.

MOTION

Alderperson Braser moved to approve Resolution 760 and Alderperson Kramer seconded the motion.

VOICE VOTE

Mayor Lang called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 8-0.

C. Resolution No. 761—A Resolution Authorizing the Execution of a Lease Agreement Between the City of Sycamore and Mr. G’s Music for a Space in the Lower Level of the Sycamore Center in the City of Sycamore, Illinois.

City Manager Brian Gregory said Mr. G’s, who has been in the downtown area for 43 years, has been looking for a downtown space to rent since Sycamore Antiques is moving across the street where Mr. G’s was a co-tenant. Mr. G’s music first approached the City about renting the mezzanine space, however there were concerns by City staff that the sound from music lessons would be transmitted to other offices. The space in the lower level that was once occupied by the Sycamore History Museum was offered as an alternative. The agreement includes a six-month lease that commences on September 1, 2018, with a monthly rent of $500 inclusive of utilities and taxes, with a six-month renewal option.

MOTION

Alderperson Braser moved to approve Resolution 761 and Alderperson Sherrod seconded the motion.

ROLL CALL VOTE

Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Kramer, Paulsen, Sherrod, Stouffer, and Stowe voted aye. Motion carried 8-0.

CONSIDERATIONS

A. Consideration of an Administration Recommendation Regarding Health Insurance Coverage for Active and Retired City Employees.

Director of Human Resources Maggie Peck said the renewal process started in June and so with bundling opportunities, they sought quotes for both dental and vision from Blue Cross Blue Shield (BCBS). Currently, they are with MetLife, who quoted an 8% increase for dental and a 5% increase for vision. Mutual of Omaha did not quote this year. These numbers were used to negotiate with BCBS, who stated if the city bundled, they would give a 1% discount on each of those products on the medical side, yielding a significant savings. Other quotes were not favorable. She said after reviewing the current utilization of the status of the 13 high claims and the prescription usage, they were able to get an additional savings on ancillary products, and BCBS came back with a favorable quote at 1.8% compared to others at 4.3% and grandfathered plans at 6-11%. They opted not to seek quotes for the Flex Spending account and life insurance as a flat rate renewals were offered. She said it is the committees decision to continue to administer the Short Term Disability by the Human Resources Director. By not outsourcing this benefit the past few years the City has saved approximately $11,500 in administrative fees. She said the committee concurs with the BCBS recommendation as per the agenda.

City Manager Brian Gregory said that the 65 years old’s and retirees transferred to a Hartford plan in lieu of BCBS and that comes up for renewal in January. He added that the city will still fund the HSA plan deductible of $1,500 for individual and $3,000 for family. Even with funding that, and the premium savings, the city still saves about $68,000 assuming the same number of employees take advantage of that plan.

Director of Human Resources Maggie Peck said for the retirees, the premium is $494 per month, and they currently have 9 people in that plan.

MOTION

Alderperson Stouffer moved to approve the Consideration and Alderperson Kramer seconded the motion.

ROLL CALL VOTE

Mayor Lang called for a roll call vote to approve the motion. Alderpersons, Bauer, Copple, Kramer, Paulsen, Sherrod, Stouffer, and Stowe voted aye. Alderperson Braser abstained. Motion carried 7-0-1.

B. Consideration of an Administration Request for a Closed Session to Discuss Pending Litigation.

MOTION

Alderperson Stouffer moved to enter into Closed Session at 7:58 p.m. and Alderperson Kramer seconded the motion.

VOICE VOTE

Mayor Lang called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 8-0.

MOTION

Alderperson Bauer moved to return to Open Session at 8:08 p.m. and Alderperson Stowe seconded the motion.

VOICE VOTE

Mayor Lang called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 8-0.

OTHER NEW BUSINESS – None

ADJOURNMENT

MOTION

Alderperson Stowe moved to adjourn the meeting at 8:10 p.m. and Alderperson Paulsen seconded the motion.

VOICE VOTE

Mayor Lang called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 8-0.

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