City of Sycamore City Council met March 16.
Here is the agenda provided by the council:
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
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 March 2, 2020.
B. Payment of the Bills for March 16, 2020.
8. PRESENTATION OF PETITIONS, COMMUNICATIONS, AND BILLS
A. Census 2020 Proclamation: A Complete Count!
9. REPORTS OF OFFICERS
10. REPORTS OF STANDING COMMITTEES
11. PUBLIC HEARINGS
12. ORDINANCES
A. Ordinance 2019.52 – An Ordinance Amending Title 5, “Police Regulations,” Chapter 4, “Miscellaneous Offenses,” Section 3-1, “Video Gaming,” of the City Code of the City of Sycamore, Illinois. Second Reading.
In 2012, the City Council voted to allow video gaming and established the initial annual license fee at $100 per video gaming terminal. In order to cover the increasing costs of administering the video gaming licenses, ordinance 2019.52 would increase the license fee for each video gaming terminal from $100 to $250. Recently, the State of Illinois increased the allowable number of video gaming terminals from five to six per establishment.
An increase to the video gaming terminal fee was discussed during the general fund budget discussion in January. Typically, code changes are brought with the budget appropriation ordinance in April. However, annual licenses renewal letters are being circulated by the City Clerk’s Office later this month and will reflect any action taken by the City Council.
City Council approval is recommended.
13. RESOLUTIONS
A. Resolution No. 814—A Resolution for Improvement by Municipality Under the Illinois Highway Code in the City of Sycamore, Illinois.
The attached resolution identifies parts of Fairway Lane, Cambridge Place, Cloverlane Drive, Parker Street, Croatian Court, Roosevelt Court and Orchard Lane as streets that will receive maintenance work in FY21 funded by motor fuel tax funds. These streets are only part of a longer list of streets that are on the City’s re-surfacing and maintenance list for the summer of 2020. The proposed FY21 budget includes an allocation of $575,000 in line-item 07-000-8316 and $63,250 in eligible engineering services. The attached resolution includes the budgeted amount plus a contingency.
City Council approval is recommended.
B. Resolution No. 815—A Resolution Approving a Preliminary Engineering and Construction Guidance Agreement with Testing Services Corporation for Motor Fuel Tax Funds in FY21 for the City of Sycamore, Illinois.
In order to use motor fuel tax funds for the engineering of related street repairs, the Illinois Department of Transportation requires that an Engineering and Construction Guidance Agreement is approved for each firm.
Testing Service Corporation (TSC) is a professional firm that provides a variety of services in the Geotechnical Engineering, Construction Materials Testing and Environmental fields.
This agreement is required for services that will be expended from the Motor Fuel Tax Fund.
City Council approval is recommended.
C. Resolution No. 816—A Resolution Approving a Preliminary Engineering and Construction Guidance Agreement with Municipal Engineering Corporation for Motor Fuel Tax Funds in FY21 for the City of Sycamore, Illinois.
As noted in Resolution 815, the attached agreement is required to use motor fuel tax funds for engineering and construction guidance for street repairs. This agreement is with Municipal Engineering Corporation, a consulting engineering firm that has assisted the City with the annual Street Maintenance Program since inception in 2008.
This agreement is required for services that will be expended from the Motor Fuel Tax Fund.
City Council approval is recommended.
D. Resolution No. 817—A Resolution for Maintenance of Streets and Highways by the City of Sycamore Under the Illinois Highway Code from May 1, 2020 to April 30, 2021.
The attached resolution commits $320,000 in motor fuel tax funds for several recurring maintenance costs in the FY21 budget.
The breakdown is shown below:
a) Snow and ice control (salt purchases): $150,000;
b) A portion of salaries related to ongoing street maintenance and repair by the Public Works Department: $100,000; and
c) Electrical costs for street light and signal maintenance: $70,000.
City Council approval is recommended.
E. Resolution No. 818—A Resolution Approving a Supplemental Memorandum of Understanding between the City of Sycamore and the County of DeKalb Regarding the Consolidation of Dispatching Services in DeKalb County.
The City of Sycamore entered into a Memorandum of Understanding to consolidate dispatching services with DeKalb County in August of 2002. Since that time, the County has provided dispatching services for the City’s police and fire operations.
The County reviews factors including the cost to operate the center and the number of events dispatched in determining Sycamore’s share of the annual cost. The agreement was extended in July 2016 through a five-year supplemental Memorandum of Understanding. That agreement was set to expire in in 2021 and called for the City to pay $795,000 in FY21. The County was able to achieve a cost savings for the program and worked with the City on a supplemental agreement that will share in the cost savings and takes effect July 1, 2020. The key terms of the agreement are:
The Agreement shall be for an initial term of five (5) years, effective as of July 1, 2020. This Agreement shall automatically renew for additional five (5) year terms after the initial term. Either party may terminate their participation in the Agreement after notifying the other of their intent to do so at least one (1) year in advance.
The parties agree to the following fee for service during the initial term of this agreement:
July 1, 2020-June 30, 2021: $700,000
July 1, 2021-June 30, 2022: $725,000
July 1, 2022-June 30, 2023: $750,000
July 1, 2023-June 30, 2024: $776,000
July 1, 2024-June 30, 2025: $803,000
July 1, 2025-June 30, 2026: $831,000
The parties agree to continue to investigate cost savings opportunities that would reduce the fee for service. Any achieved savings would be shared among the parties and any other parties that have contracted for dispatching services with the County of DeKalb.
This agreement will help both the City and County plan for future costs while working together to identify and implement potential cost savings measures. The City will save $95,000 in the first year of the agreement, which is factored into the FY21 budget.
City Council approval is recommended.
F. Resolution No. 819—A Resolution Approving and Accepting Certain Public Improvements in the Sycamore Crossings Development and Meijer Improvements.
Rockford Construction and their subcontractors, as contracted by Meijer, have completed the installation and successful testing of public sanitary sewer and watermain improvements relative to the Meijer Development. These improvements will not only serve the Meijer store and gas station but other parcels within the Sycamore Crossings development.
The scope of work included the installation of sanitary sewer main and watermain. According to section 4.7.11 of the City’s UDO the City Engineer shall forward a recommendation to the City Council if the improvements are acceptable.
City Engineer Mark Bushnell and members of Public Works were present during the installation of these improvements and the subsequent testing. The City has also received copies of video inspection and required as-built plans. The City Engineer recommends the City Council accept the public portions of the sanitary sewer and watermain improvements as shown in this resolution. Once the improvements are accepted, the City will reduce the letter of credit requirement, as appropriate, for this portion of the project.
As part of the annexation agreement, the developer is required to guarantee the improvements for a period of one year. This resolution does not apply to any other public improvements or phases.
City Council approval is recommended.
14. CONSIDERATIONS
A. Consideration to Award a Contract for the Remediation and Demolition of Raised Platform at 370 South Street to Stiles Incorporated of Loves Park, Illinois in the Amount of $137,370.00.
The City’s Tax Increment Financing (TIF) District was established in 2000, primarily to address failing industrial property between South and Park Avenues. For several years, the City has been working to maintain the engineered barrier as required by the No Further Remediation (NFR) letter issued by the IEPA. In addition, the City has worked to prepare plans to remove the platform at the former Harvester Square site (now the home of Blumen Gardens). In 2018, the City contracted with GEOTHINK, LLC, an environmental consultant, to get a better understanding of the scope of work. GEOTHINK preformed additional drilling, testing and evaluating of the subsurface area to determine next steps for removal of materials.
The City’s budget allocated funds in the TIF Fund (fund 21) to complete the project which includes the removal of the raised platform area and the installation of a new bituminous surface to serve as an engineered barrier. The project was put out to bid in February. A pre-bid meeting was held on-site for potential contractors to get an in-depth understanding of the scope of work and to ask any questions prior to bidding. Bids were opened on March 11th at 10 a.m. with a total of eight bids submitted:
| Contractor | Total Bid Price | Supplemental Unit Price/L.F
for Sawcut and Removal of 12” Conc. Foundation Wall |
| AQS Services | $177,177.60 | $12.50 |
| Fowler Enterprises | $242,861.00 | $40.00 |
| Elliot and Wood | $323,000.00 | $100.00 |
| Martin and Company | $285,736.50 | $67.00 |
| O6 Environmental | $162,579.92 | $20.00 |
| Berger Excavating | $299,792.00 | $50.00 |
| Northern Illinois Services | $355,516.49 | $60.00 |
| Stiles Inc. | $137,370.00 | $20.00 |
City Council approval is recommended.
B. Consideration to Award a Contract for the Purchase of a Skid Loader
The FY20 budget included an allocation to replace the 2007 Bobcat Toolcat in Public Works. After review of the department’s future needs, a decision was made to purchase a skid loader and utility task vehicle (UTV) instead of a new Toolcat. The skid loader will provide lifting capabilities and utilize the current attachments. A bid opening was held on March 9, 2020, with two bids submitted:
| COMPANY NAME | MODEL | BID AMOUNT |
| CSR Bobcat Inc., DeKalb Illinois | 2020 Bobcat S76 | $48,825.56 |
| AHW John Deere, Elburn, Illinois | 2020 John Deere 330G | $58,799.00 |
City Council approval is recommended.
C. Consideration to Award a Contract for the Purchase of a Utility Task Vehicle (UTV)
As the Public Works Department continues to assess the vehicle/equipment needs with the relocation of all divisions to one central campus a decision was made to replace the 2007 Bobcat Toolcat with two vehicles; a skid loader and a UTV. The UTV will be used mainly around the Public Works campus for maintenance and lab work around the plant rather than utilizing a full- sized vehicle. This will be an all-season vehicle with an enclosed cab. A bid opening was held on March 9, 2020, with CSR Bobcat Inc. of DeKalb, Illinois being the lone bidder.
| COMPANY NAME | MODEL | BID AMOUNT |
| CSR Bobcat Inc., DeKalb Illinois | 2019 Bobcat 3400 | $18,991.61 |
City Council approval is recommended.
D. Consideration to Award a Contract to DACRA Technologies, LLC for Subscription to Municipal Enforcement System.
In July 2016, Council authorized the purchase of software from DACRA Tech, LLC (then IT Stability) to provide software to administer the City’s Administrative Adjudication program which began August 1, 2016. Currently,flat rate-based fees for server hosting, software maintenance, and support of $21,200 are assessed annually by DACRA. In 2019, DACRA Tech, LLC gave notice that their hosting, maintenance and support fees would convert to a Software as a Subscription (SaaS) model. This platform is based on volume and incorporates a tiered pricing model. Applying the SaaS model to adjudication enforcement volume for FY18 and FY19 would have resulted in fees of approximately $18,000 and $22,036, respectively. A full credit of $2,500 already paid on the current contract would be applied to the new contract which would begin May 1, 2020. This agreement is effective for a two-year term with the cost for FY21 estimated to be $22,232.00.
City Council approval is recommended.
E. Consideration of a Proposed Rental Property Registry Program.
Subsequent to several inquiries and development proposals in the last couple of years regarding multi-family and rental properties, city staff has explored options on how to gather information on current rental properties. Accurate information on rental properties would provide data on the number of rental properties in Sycamore as well as furnish updated contact information in the event of property issues or emergencies. This information would be beneficial in development planning and accountability with safety codes and property maintenance ordinances. As the City is currently developing the Comprehensive Plan and the 2020 Census is approaching, accurate information on the rental properties will be advantageous for short- and long-term community planning.
After researching several companies and speaking with representatives from other municipalities, staff identified a rental registry program offered through Net Assets of Eugene, Oregon. This web-based program allows public access to rental registration records and provides a secure portal for property owners to create and maintain those records. City staff would have access to full registry information enhancing communication with rental property owners and transparency of rental status.
The proposed program would simply be a registration program and not require any other actions by landlords. Proposed fees for the annual registry are $20 per address with an additional $2 per unit at the registered address. However, upon inception of the proposed program on May 1, 2020, initial registration fees would be waived for the first 90 days for all registrants. Various platforms will be utilized to facilitate advanced notice for registration and throughout the 90-day grace period.
City Council approval is recommended.
F. Consideration of Potential Modifications to the City’s Liquor Code.
Over the past few months, the City has received requests related to potential modifications in the liquor code. Staff has reviewed the inquiries and have outlined language below that would accommodate the requests. Modifications to other sections of the code are proposed to clarify the City’s intent. These are presented for discussion only. Any action would come in ordinance form in April with a tentative effective date of May 1st.
Class B License, Optional Annual Catered Events Permit
Currently, holders of Class B licenses must obtain a catered event permit to provide alcohol sales at catered events. These permits require a $25 fee as well as a $200 deposit each time an event is catered. By adding the proposed language to the Class B license, Class B license holders would be permitted the option of a one-time annual fee to serve at indoor catered events rather than having to obtain a permit for every catered event. This would streamline the administrative process for both the license holder as well as the City. Class B license holders will still be required to obtain a catered event permit for each outdoor catered event.
The following language would be added to Chapter 2: Liquor Control:
Class B license holders have the option to receive an annual permit for indoor catered events for an additional annual fee of one hundred dollars ($100.00). This additional license holder would receive an annual permit and would waive the requirement to obtain a permit for each indoor catered event.
Banquet Hall Liquor License
The new Class L license would allow liquor consumption only on the premises of special occasion facilities that are contracted for planned events, occasions, or other special events such as banquets, weddings, receptions, etc. The facility would not be open to the general public, and liquor sales would be restricted to the contracted party and his or her invited guests.
The following language would be added to Chapter 2: Liquor Control:
"Banquet Hall" shall mean a business conducted on premises at which the exclusive activity is the catering of private parties where there is service for consumption at tables of a full multiple course meal at a prearranged fixed unit price, or hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold as an incident to such food services; provided that each of such private parties is prearranged under the sponsorship of a particular person or organization.
Class “L” License (Banquet Hall) shall authorize the serving and retail sale of alcoholic liquor for consumption on the premises designated therein in establishments containing banquet hall facilities and authorized for banquets as a principal use; provided that alcoholic liquor under this license may be served and sold only to invited guests. The annual fee for Class L licenses shall be two thousand dollars ($2,000.00).
Tasting Room
A new class M license would allow holders of a class D liquor license to operate a tasting room for the sale of craft beers.
Language such as the following (presented to help facilitate the discussion) would need to be added to Chapter 2: Liquor Control:
Class M, which shall authorize the holder of a Class D liquor license from the City to operate a tasting room for the sale of craft beers only for consumption on the premises. It is the intention of a Class M liquor license that the craft beer tasting room shall be an amenity and an accessory use to the primary business (Class D liquor license sales) operated by the applicant on the premises. The tasting room must be physically separated from the Class D licenses premises by walls with access through a door from the Class D licensed area. A Class M liquor license shall be subject to the following conditions and restrictions:
a. The tasting room shall only sell craft beers for consumption on the premises. No macro beers or other alcoholic liquors shall be sold for consumption on the premises from the tasting room. Craft beers for consumption on the premises may only be sold from the tasting room and not from the primary Class D licensed premises.
b. The primary Class D licensed premises may sell craft beer as a packaged item for off-site consumption. The sale of packaged goods from the tasting room is prohibited.
c. Customers may only consume the craft beers purchased in the tasting room on premises. No customer may leave the licensed premises with open alcohol.
d. The tasting room shall be limited in size to no more than 50 square feet. The tasting room must have a continuous, unobstructed passage and view to the primary Class D licensed premises.
e. No seating will be allowed in the tasting room area.
f. The tasting room shall be limited to no more than eight operational craft beer taps at one time.
g. The hours of operation of the tasting room shall be limited to 3:00 p.m. to 10:00 p.m. on all days, unless specific permission for additional hours of operation are granted by the liquor commissioner.
h. The license holder must inform the local liquor commissioner at least 48 hours in advance of any special events where larger than normal crowds are expected. Special events may include, but are not limited to, the release of rare, specialty craft beers. The license holder shall obtain a special event permit.
Tasting sizes for sale are limited to the following quantities:
i. By the glass, having a capacity of not more than 4 ounces.
ii. By the flight, having not more than three glasses with each glass containing a capacity of not more than four ounces.
i. All persons serving craft beers in the tasting room for consumption on the premises must be BASSET certified.
j. The tasting room shall comply with all building, fire and other codes of the city.
The annual fee for Class M licenses shall be two hundred and fifty dollars ($250.00). Video Gaming Café
Since the establishment of Video Gaming Café license (class VG) in 2019, class B license holders that operate video game terminals must maintain at least 51% of their gross receipts from food and beverage sales and dedicate no more than 25% of their floor space to video gaming. The purpose was to ensure that any licensee with a Class B license maintains the sale of alcoholic liquor as its primary business function. The proposed language further clarifies this calculation by adding a definition of net income from vendors of video gaming terminals. Net income is now defined as the money put into a video gaming terminal or any other vendor operating/owned machine, minus credits paid out to players. In order to maintain a Class B license, gross receipts from food and beverage sales must be at least 51% of the total of food and beverage gross receipts plus the net income from the video gaming terminals.
3-2-1. Net Income from Vendors: money put into a video gaming terminal or any other vendor operating/owned machine, minus credits paid out to players.
3-2-6-A-3. Class B; Bar: Class B licenses authorize the retail sale of alcoholic liquors where the primary purpose of the establishment is for the on-site consumption of such alcoholic liquors on the premises, where food service may or may not be included. This license shall apply to establishments where the sale of alcoholic beverages for consumption on premises constitutes at least eighty percent (80%) of the gross annual receipts for alcoholic beverages. Bars may also sell package liquors, but under no circumstances may a bar be converted to a package goods store unless the location is in conformance with the provisions of this Code and by the licensing authority of the Illinois Liquor Control Commission. The annual fee for Class B licenses shall be two thousand dollars ($2,000.00). Bars that sell package goods shall pay an additional annual fee of two hundred fifty dollars ($250.00). Bars with State video gaming licenses must generate at least fifty one percent (51%) of its income from beverage and food sales and dedicate no more than twenty five percent (25%) of floor space to video gaming in order to maintain eligibility for a Class B license. For purposes of calculating “income,” the City will use the actual profit derived from beverage and food sales and the net income from vendors of video gaming terminals or any other machine owned or operated by a vendor. Therefore, the actual profit derived from beverage and food sales must be at least fifty one percent (51%) percent of the total economic activity entering the licensed establishment, including any vendor operated devices. The purpose of this calculation is to ensure that any licensee with a Class B license maintains the sale of alcoholic liquor as its primary business function and source of revenue.
City Council direction is requested.
G. Consideration of the Preliminary FY21 Budget.
Copies of the proposed FY21 City Budget have been distributed to the City Council and the local media. A copy has been placed in the reference section of the Sycamore Public Library where it is on record for interested citizens to review. Copies may also be obtained for cost at the City Clerk’s office or online at www.cityofsycamore.com.
The general fund, enterprise, special, capital and bond fund budgets will be reviewed. The City’s Department Heads will assist the City Manager in this review. A public hearing on the proposed budget, which may be revised following discussion, will be held on Monday, April 6th and action on the budget will be recommended on Monday, April 20, 2020.
City Council direction is recommended.
H. Consideration of an Administrative Request for a Closed Session to Discuss Collective Bargaining under 5 ILCS 120/2(c)(5) and the Purchase or Lease of Real Property under 5ILCS 120/2(c)(5).
15. OTHER NEW BUSINESS
16. ADJOURNMENT
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