City of Sycamore City Council met Nov. 4.
Here is the agenda provided by the council:
1. CALL TO ORDER AND ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
Led by students of North Grove Elementary School.
4. APPROVAL OF AGENDA
5. APPOINTMENTS
6. AUDIENCE TO VISITORS
7. CONSENT AGENDA
A. Approval of the Minutes for the Regular City Council Meeting of October 21, 2019.
B. Payment of the Bills for November 4, 2019.
C. Annual Report of the Condition of Sycamore Fire and Police Funds.
D. FY2019 Popular Annual Financial Report.
8. PRESENTATION OF PETITIONS, COMMUNICATIONS, AND BILLS
9. REPORTS OF OFFICERS
10. REPORTS OF STANDING COMMITTEES
11. PUBLIC HEARINGS
12. ORDINANCES
A. Ordinance 2019.30—An Ordinance Amending Title 5, “Police Regulations,” Chapter 4, “Miscellaneous Offenses,” Section 14, “Controlled Substances and Cannabis,” of the City Code of the City of Sycamore, Illinois. Second Reading.
On June 25, 2019, Governor Pritzker signed the Cannabis Regulation and Tax Act into law (Public Act 101-27) legalizing and regulating production, consumption, and sale of cannabis in Illinois. The law is effective on January 1, 2020, and allows persons aged 21 and older to lawfully possess up to 30 grams of raw cannabis, 5 grams of cannabis concentrate, or 500 milligrams of cannabis infused products (e.g., edibles).
Municipalities cannot restrict private consumption of cannabis as authorized in the new law. Communities, including the City of Sycamore, need to decide whether or not to allow recreational cannabis dispensaries within corporate limits. The City Council was presented information on adult-use recreational cannabis in September and after conducting a public hearing on October 7th discussed whether or not to allow dispensaries. Based on that discussion and direction, staff has drafted Ordinance 2019.30 to allow for adult-use recreational cannabis dispensaries in Sycamore. The ordinance also prohibits on-premises consumption of cannabis.
In addition to allowing adult-use recreational cannabis dispensaries and prohibiting on-premise consumption, the ordinance amends Section 5-4-14, “Controlled Substances and Cannabis,” to align the City Code with the new State Law and provide definitions as follows:
Section A. Definitions (New definitions added):
ADULT-USE CANNABIS DISPENSARIES: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
CANNABIS REGULATION AND TAX ACT (CRTA): On June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act into law. The CRTA goes into effect on January 1, 2020, and legalizes and regulates the production, consumption, and sale of recreational cannabis in Illinois. The CRTA allows Illinois residents over the age of 21 to possess and privately use recreational cannabis in limited quantities; however, use of cannabis in public places is prohibited.
ON-PREMISES CONSUMPTION: A unit of local government, including a home rule unit, or any non-home rule county within the unincorporated territory of the county may regulate the on- premises consumption of cannabis at or in a cannabis business establishment within its jurisdiction in a manner consistent with the Cannabis Regulation and Tax Act. The CRTA applies the restrictions of the Smoke Free Illinois Act on smoking cannabis and provides that property owners may prohibit the use of cannabis by any guest, lessee, customer or visitor.
Section B. Dispensaries (New language):
The State of Illinois has enacted the Cannabis Regulation and Tax Act, which pertains to the possession, use, cultivation, transportation and dispensing of adult-use cannabis. The City of Sycamore has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety and welfare of its citizens. Beginning January 1, 2020, the City of Sycamore will permit adult use recreational cannabis dispensaries consistent with zoning ordinances regulating adult use recreational cannabis business establishments, including rules governing the time, place, manner and number of cannabis business establishments, and minimum distance limitations between cannabis business establishments and locations the City deems sensitive through a special use process. The appropriate zoning ordinances, rules and definitions shall be promulgated in the City’s Unified Development Ordinance (UDO) effective January 1, 2020, as amended from time-to-time. “Craft-grower” operations are not allowed in the City of Sycamore.
The City of Sycamore prohibits the on-premises consumption of cannabis at or in a cannabis business establishment within its jurisdiction in a manner consistent with the Act.
Section C. Violations (Amended to align with State Law):
It is unlawful for any person to manufacture, deliver or possess any and all equipment, products and materials of any kind which are peculiar to and marketed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing in the human body any cannabis or a controlled substance, including any and all articles listed in the Illinois drug paraphernalia control act, 720 Illinois Compiled Statutes 600, as amended.
It is unlawful for any person under the age of 21, or not in compliance with the Illinois Cannabis Regulation and Tax Act, to knowingly possess any quantity of any substance containing cannabis, except that the effect of this chapter shall be limited for purposes of municipal prosecution to persons knowingly possessing less than thirty grams ( 30 g) of cannabis flower; five hundred milligrams (500 mg) of THC contained in cannabis-infused product; or 5 grams (5 g) of cannabis concentrates. Unless authorized under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act or the Illinois Cannabis Regulation and Tax Act, it is unlawful for any person to possess cannabis plants; except that the effect of this chapter shall be limited for purposes of municipal prosecution to persons knowingly possessing 5 or fewer cannabis plants. It is unlawful for any person to knowingly possess any quantity of any substance containing cannabis, except that the effect of this chapter shall be limited for purposes of municipal prosecution to persons knowingly possessing less than ten grams (10 g) of any substance containing cannabis. (Ord. 2005.78, 1-3-2006)
This ordinance is effective January 1, 2020.
Once action is taken on this ordinance, the Council will want to consider imposing a Municipal Cannabis Retailers’ Occupation Tax (Ordinance 2019.31, below) and will want to consider zoning regulations such as minimum distance limitations between other cannabis establishments, liquor establishments, schools, daycare centers, nursing homes, residential areas, etc. This process would begin with the Planning and Zoning Commission in November and would follow a similar process utilized when medical cannabis businesses were established as a special use.
B. Ordinance 2019.31—An Ordinance Amending Title 3, “Business and License Regulations,” Chapter 13, “Occupation Taxes,” of the City Code of the City of Sycamore to Create a New Section 4, “Municipal Cannabis Retailers’ Occupation Tax”. Second Reading.
If the City authorizes the retail sale of adult-use recreational cannabis by approved dispensing organizations, the Cannabis Regulation and Tax Act (CRTA) allows for the imposition of a municipal tax under the Municipal Cannabis Retailers’ Occupation Tax Law. The tax may be up to 3% of the gross receipts of cannabis products and must be imposed in 0.25% increments.
Given that much of the discussion regarding adult-use recreational cannabis dispensaries has been about offsetting any potential impacts with newly generated tax revenue, staff recommends that the Council consider the full 3% Municipal Cannabis Retailers’ Occupation Tax.
The tax revenues generated by this ordinance are remitted by dispensaries to the Illinois Department of Revenue (IDR) and then distributed to the City. The CRTA allows for municipalities to impose this tax effective September 1, 2020, however this ordinance call for it to be effective January 1, 2020, or the soonest it can be imposed by the IDR in the event the Act is amended.
13. RESOLUTIONS
A. Resolution 805—A Resolution Authorizing the Execution of the Worker’s Compensation and Liability Coverage for City Employees with Corkill Insurance.
The City’s worker’s compensation and liability insurance coverage will expire on December 1, 2019. The plan year runs from December through November each year. Last year, the City entered into an agreement with Corkill Insurance to broker the City’s Worker’s Compensation and Risk Management Insurance.
Corkill has provided a strong level of service to the City and has helped secure quality coverages at lower premiums than the City was previously paying. Several companies provided quotes to Corkill to insure the City’s coverages. After reviewing the quotes, staff recommends that the insurance be placed with Liberty Mutual and the Illinois Public Risk Fund through Corkill Insurance in the amount of $510,932.
City Council approval is recommended.
14. CONSIDERATIONS
A. Consideration of an Administration Request to Award a Professional Services Contract to Northern Illinois University Center for Governmental Studies and Egret+Ox Planning for Services Related to the Update of the City’s Comprehensive Plan and Land Use Maps.
Every five years municipalities are encouraged to update their respective comprehensive plans to redefine the collective vision of the community. Sycamore’s plan was last updated in 2014. Over the past few months, the City Manager has prepared to begin the process of the 2020 comprehensive plan update by seeking proposals for consulting services to help update the plan and land-use maps.
Two company’s submitted proposals as follows:
| Cost Proposal | |
| NIU-CGS / Egret + Ox | $22,500 |
| Houseal Lavigne | $64,260 |
Other services provided by NIU-CGS and Egret + Ox include preparing exhibits and outlines for the Plan Commission and public workshops, creating a draft future land-use map based on input received, revising the plan and maps as needed and ultimately creating a final report that will be available in hard copy and pdf. NIU-CGS and Egret + Ox also added the creation of an economic development strategy and will conduct a resident survey, bringing the total to $22,500.
Once the professional services contract is awarded the City Manager will work with NIU-CGS and Egret + Ox to determine the schedule for the process. The schedule will be posted on the City’s website at www.cityofsycamore.com.
This project will be funded by a DeKalb County Community Foundation Community Economic Development Planning Grant in the amount of $20,000. The remainder of the project will come from the consulting services line item in the Sales Tax Distributive Fund.
City Council approval is recommended.
B. Consideration of an Architectural Review Committee Recommendation to Award a Downtown Façade Improvement Grant to Mike and Melissa Mobile of Hometown Realty Located at 330 W. Elm Street.
Mike and Melissa Mobile recently submitted an application for a Downtown Façade Improvement Grant to assist with improvements planned for the building at 330 W. Elm Street. As part of the project, the building with be painted, new custom glass entry doors will be installed to comply with the Americans with Disabilities Act and the garage door on Elm Street will be replaced.
The portion of the project that is eligible for the Downtown Improvement Program is estimated to cost $12,725. Additional improvements have been made inside the building and new awnings will replace the current doorway covers. These improvements, while not eligible under the City’s program, demonstrate the investment the Mobile’s are making in the property. The Architectural Review Committee considered the request on October 28th and voted 5-0 to recommend a grant of up to $5,000.
City Council approval is recommended.
C. Consideration of an Administration Recommendation to Award a Contract to Geothink, LLC for Environmental Consulting and Project Management, Regarding the Site Demolition and Soil Management Plan to Remove the Former Harvester Square Raised Platform and Construct a New Engineered Barrier on City Owned Property at 370 South Avenue.
In 2004, the City began the process of cleaning up the former Harvester Square plant on South Avenue. The facility was previously used as a manufacturing facility for Diamond Wire, Essex Wire and Marsh Manufacturing. Manufacturing operations ended in the early 1980’s.
During the late 1980’s and 1990’s hundreds of drums of potentially hazardous materials were brought to the Harvester Square facility for storage. The Illinois Environmental Protection Agency cited the facility for unsafe and unethical practices that produced conditions that if not addressed may have posed a threat to the community.
The City took possession of the property through forfeiture after former owner Jim DiNicola failed to repay a loan the City made to demolish a portion of the building to keep it from collapsing into the street.
The City’s stated goals were to end the threat of any hazardous material contamination, revitalize the property, promote economic growth and increase neighboring property values. The property is situated in the City’s only Tax Increment Financing District (TIF).
The first goal of ending the threat of hazardous material contamination has been addressed as the materials and soils have been removed with a concrete cap providing an engineered barrier. The Illinois EPA has issued a No Further Remediation Letter that allows the property to be used for residential, commercial or industrial uses as long as the engineered barrier remains in place.
Removing the raised platform and returning the property to a private use to help revitalize the neighborhood is the City’s focus. In an effort to achieve this, the City contracted with Geothink, LLC, to conduct additional testing of the materials below the elevated platform. Tom Mangan, the Principal of Geothink, has served as the primary consultant for the City on this project since its inception and understands the history, the work that has been previously completed, and what will need to be done to achieve the City’s goals while working within the IEPA No Further Remediation status.
Mr. Mangan has provided a quote for services related to project management, field testing and reporting associated with this removal of the elevated platform in 2020.
Given the history and knowledge that Mr. Mangan has with this site, staff recommends award of the contract to Geothink, LLC in the amount of $47,370.00. These services will be paid for from the Tax Increment Financing District Fund.
City Council approval is recommended.
D. Consideration of a Request from Phil Paulson of Genoa Business Forms for Tax Increment Financing Assistance.
Phil Paulson, owner of Genoa Business Forms has submitted a request for Tax Increment Financing (TIF) assistance for planned roof improvements on one of the three buildings that house his business at 445 Park Avenue.
Three adjacent buildings along Park Avenue have combined to house the operations of Genoa Business Forms since 1984. The company has experienced issues with the roof on one of the three buildings and has obtained quotes to address the failing roof. Among the planned improvements are the removal of the current roof and the installation of a new asphalt shingled roof, flashings and vents on the middle building which was built in the late 1800’s. This portion of the project comes with a limited lifetime warranty and is estimated to cost $12,875. A new wood fiber roof deck and membrane is being installed as well to recover the area between the middle building and the loading dock area and is estimated to cost $8,370.
The City’s TIF consultant suggested that assistance focus on long-term improvements. Based on this direction, staff recommends that Council consider TIF funding for the complete re-roof of the middle building in the amount of $12,875. These improvements have a limited lifetime warranty and should last thirty or more years.
In addition to the roof repairs, Genoa Business Forms is currently in the process of replacing the HVAC system, network infrastructure, and a digital printer that were damaged by a lightning strike. Certain cosmetic improvements are planned inside the building at some point in the future once the roof is repaired and the building is weather tight.
The FY20 TIF budget set aside $225,000 for private property redevelopment, the majority being allocated to the removal of the raised platform at the former Harvester Square Complex on South Avenue. This is the first TIF assistance request made by Genoa Business Forms and the sole request made this fiscal year. Funding for the project would come from the TIF budget (21-000-8624).
Phil Paulson of Genoa Business Forms will be present at the meeting to discuss the request, project details and be available to answer questions.
City Council approval is recommended.
15. OTHER NEW BUSINESS
16. ADJOURNMENT
https://cityofsycamore.com/wp-content/uploads/2019/10/cc20191104a-final.pdf
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