City of Sycamore City Council met June 15.
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, Josh Huseman, Rick Kramer, and Pete Paulsen. Virginia Sherrod and Chuck Stowe logged on at 7:05 p.m. after roll call. City Attorney Keith Foster was also present.
INVOCATION- Led by Mary Floit
PLEDGE OF ALLEGIANCE – Led by City Attorney Keith Foster
APPROVAL OF AGENDA
MOTION
Alderperson Kramer motioned to approve the agenda and Alderperson Copple seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
AUDIENCE TO VISITORS - None
CONSENT AGENDA
A. Approval of the Minutes for the Regular City Council Meeting of June 1, 2020.
B. Approval of the Minutes for the Special City Council Meeting of June 8, 2020.
C. Payment of the Bills for June 15, 2020 in the amount of $2,070,576.96.
MOTION
Alderperson Bauer moved to approve the Consent Agenda and Alderperson Kramer seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
PRESENTATION OF PETITIONS, COMMUNICATIONS, AND BILLS
REPORT OF OFFICERS
City Manager – Brian Gregory said as the state moves toward Phase IV at the end of the month, it will allow for gatherings of up to 50 people, manufacturing will open, restaurants, bars, gyms, and fitness centers will open with limited capacities. At some point, the City will move back to in-person meetings but plan to have an electronic meeting July 6th. The Governor passed a law that allows the extension of electronic meetings during a disaster with one of the requirements being that someone be in the Council Chambers. We will continue to do roll call votes as that is also a requirement. The State has begun the award process for the five grant applications that Council has supported. DeKalb County did not have any grants awarded in the first round in which only 10% of the dollars available were distributed. He thanked the staff and the leadership team as it has been a challenging few months working through the COVID-19 and the fluidity. They have prioritized the safety of employees and residents but the work is not done. He reported that the hanging baskets, that the City had a nursery grow from seed, look nice. Stran’s Garden Center helped coordinate that and the public works team hung them. The financial numbers, as it relates to the last few months, are trickling in and the City Treasurer will report further on those, however, they are lagging significantly, as expected. He doesn’t want to overreact or underreact to the numbers to make the appropriate adjustments as needed. He will have more to report in the coming months and although this is a rough start to the fiscal year, he is trying to balance what the businesses and community needs yet provide a high level of service and keep a balanced budget or rely on built up reserves from previous years to help get us through this.
Mayor Lang echoed thanks to the staff and everyone as it’s stressful for everyone and hasn’t been easy, but the end product has been good.
Police Chief – Jim Winters said the Police Department investigated several car burglaries over the weekend so he reminded residents to simply remove valuables and lock their doors to significantly reduce these crimes of opportunity. They will be pushing the “Lock it or Lose it” campaign as it is effective. Over the last several weeks, the department has had discussions and fielded many questions on policing and the use of force. He sent the council some information on training and use of force, on the efforts here to ensure that they are serving everyone in a professional manner with fairness. Anyone can call if they have questions. He thanked the city departments and other police agencies that provided support during a peaceful protest and thanked all those that participated to have their voices heard but did it in a safe manner. He thanked the community for their support. He said that there hasn’t been a time in his tenure that there has been a period where they have received more letters, calls, text messages, and deliveries of food supporting them. They are really humbled and thankful by all the support. He thanked all the officers who have had a really busy and stressful couple weeks and said they did a great job maintaining their professionalism throughout some emotional and tense events and said he is very thankful for them. He reported that Officer Dan Ludwig, who has been with the city for four years, has taken a job with DeKalb Police Department and Officer Shaquille Perez, who has been with the city for three years, has accepted a position with Mesa Arizona Police Department. Both officers leave at the end of the month. He wishes them all the best and thanks them for their dedicated years of service to our community.
Fire Chief – Pete Polarek reported on a large barn/storage shed fire that happened a week ago and said that they were assisted by many of the neighbors because it was a rural operation that required them to truck in water There was also a structure fire in a home on Wild street. He is thankful and appreciates the assistance of mutual aid partners and as well as the city staff that supports their operation.
Director of Public Works – Fred Busse said they are happy that the construction of the new Public Works building is under construction and looks forward to the completion. They were permitted Friday from IDOT (Illinois Department of Transportation) to do the water service replacements on State Street, so they will be busy there for a couple weeks.
Treasurer/Asst. to the City Manager – Adam Orton said May’s Treasurer’s Report, that has a benchmark of 8.33%, is on a cash-basis. The first of five property tax installments was received. The General Fund Expenditures are slightly above the benchmark, but attributed to May being one of two months that has three payrolls. Both pension funds started the year off with some positive gains in May. The revenue picture, as related to the COVID-19 situation, follows: the local gas tax for receipts through the end of April were down 29% and 53% from March and April of last year. In June, they received the Sales Tax for March, which is not yet reflected on the report, shows a 16% decrease over last March with April’s projected decrease at 32%. Given an average distribution of $338,000 per month, we could see a potential decrease of $108,000 in April. The Home Rule Sales Tax has a similar trend with a 12% decrease from March of last year leaving April’s projected decrease to be 23% or a potential decrease of $41,000 from the average $180,000. They will continue to monitor and compare the projections as receipts come in early July. They are still waiting on Hotel/Motel and Restaurant and Bar tax receipts as they were extended until June 30th.
City Manager Brian Gregory interjected that as a reminder to the Council that they did scale back on the Street Maintenance program in anticipation of the numbers being impacted. With the gas tax being down 53% in April and the Sales Tax being down 20%-30%, they have made adjustments as some of those funds go into the Street Maintenance Fund. The early numbers in the General Fund suggest that during the month of April and likely May, they will see about $150,000 less than last year for each month which gives an early indication of what we may be looking at.
Building & Engineering Director – John Sauter said they have issued 12 single family permits as of the end of May. Last year at this time, they had issued 18. Another interesting number is the total number permits issued through the end of May, is 50 ahead of this time last year. One could assume that this is a result of people being home more than they typically are this time of year. They’ve seen a pretty significant spike in pool, fence and deck permits and it looks like that trend will continue through the summer. Finally, they’re reviewing plans for a build-out of the third floor at the DeKalb County Courthouse Addition. That floor was left as a building shell when the Courthouse addition was constructed and they’ve decided to move forward with finishing it out. Construction is expected to begin late summer or early fall.
Director of Human and Administrative Resources (DHAR) – Maggie Peck reported that there are several vacancies in various departments, most of which are on hold pending finances and the inability to hire people at this time. They are, however, currently hiring police officers and advertising for an accountant position.
City Engineer – Mark Bushnell said they had the preconstruction meeting for the IL Route 23 and 64 work.
Curran indicated work downtown would start as early as mid-July and is scheduled for nighttime work but is up for discussion based on what would be most agreeable to our businesses. The contractor will make a formal request and then it will be discussed internally after obtaining feedback.
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 2020.04—An Ordinance Amending Title 1, “Administration,” Chapter 6, “City Council,” to Create a New Section 10 Entitled, “Electronic Attendance,” in the City Code of the City of Sycamore, Illinois. First and Second Reading.
City Manager Brian Gregory said this ordinance would adopt the State of Illinois rules that allow for electronic attendance at meetings when there is not a disaster. It requires a physical quorum at the meeting place. Highlights of this ordinance include:
This ordinance applies to all committees, boards, and commissions established by authority of the City of Sycamore.
Members can participate electronically if one of the following three reasons prevents him/her from being physically
attend the meeting:
a. The member cannot attend because of personal illness or disability;
b. The member cannot attend because of employment purposes or the business of the City of Sycamore;
or
c. The member cannot attend because of a family or other emergency.
Following roll call to establish that a quorum is physically present at the meeting site, a motion shall be made and considered as to whether to allow the member to remotely attend the meeting via electronic means. The motion must be approved by a vote of a majority of the members of Council present.
The member participating electronically, and other members of the City of Sycamore Council, must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the City of Sycamore shall provide equipment adequate to accomplish this objective at the meeting site.
Any member attending electronically shall be considered an off-site attendee and counted as present electronically for that meeting. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means.
A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his/her vote counted and recorded by the City Clerk and placed in the minutes for the corresponding meeting.
A quorum of the City Council must be physically present at any closed meeting. Members participating remotely shall otherwise be entitled to participate in closed meetings by video or audio conference, in the same manner as at an open meeting.
Alderperson Copple asked what the timeframe is to notify the City Manager.
City Manager Brian Gregory said he’s not sure if there is a timeframe but as long as it is by noon on Monday giving ample time to the Mayor and to set it up.
Alderman Bauer confirmed that this would be treated as a special circumstance and not as standard practice.
MOTION
Alderperson Copple motioned to waive First Reading of Ordinance 2020.04 and Alderperson Kramer seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
MOTION
Alderperson Copple motioned to approve Ordinance 2020.04 and Alderperson Kramer seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
RESOLUTIONS
A. Resolution 836—A Resolution Approving and Accepting Certain Public Improvements in the Townsend Woods Development, Unit 1, Phase V.
City Manager Brian Gregory said this is a requirement of the UDO (Unified Development Ordinance) where the city accepts completed public improvements, which come with a one-year warranty. This is exciting news for residents in Townsend Woods Phase V as the final lift has been added to the streets, concrete in the curbs have been replaced, and sidewalk improvements have been made. The project had stalled out and when Brian Grainger purchased the remaining property, he took on the developer’s responsibility including these improvements. The City Engineer has reviewed the work and makes a recommendation that we accept those improvements.
MOTION
Alderperson Bauer motioned to approve Resolution 836 and Alderperson Huseman seconded the motion.
Alderman Huseman asked a question on behalf of a resident about a small section of the bike path that still remains to be connected to the sidewalks there.
Alderman Bauer said he remembers that Grainger included that.
City Engineer Mark Bushnell said that Grainger has contracted Wagner Excavating to do that work and it has been “Julied” and either Curran or another company will pave the bike path.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
CONSIDERATIONS
A. Consideration of the FY21 City of Sycamore Employee Handbook.
City Manager Brian Gregory said the city reviews and updates the handbook each year.
DHAR Maggie Peck gave some highlights that included changes in the organizational chart, Building & Engineering being renamed Community Development, referencing policies instead of listing them eliminating 28 pages, and to Alternate Productive Duty allowing employees to come back to a different division or department. She thanked her team of Department Heads for their input.
MOTION
Alderperson Stowe motioned to approve Consideration A and Alderperson Huseman seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
B. Consideration of an Administration Recommendation Regarding Change Order #2 for the Wastewater Treatment Facilities Improvements in the Net Amount of $883.92.
City Manager said the number is not large but said they have had a very successful project as far as change orders are concerned for a $20 plus million project. To be transparent, they brought forward this and the next Consideration which are both below the administrative spending authority. There was a contingency in the project that they are well below. This one is a netting for some work that had to be done on some exhaust fans in the SBR building. Those were a net positive but at the same time there was a net negative where they were able to save money on the electricity side by working with ComEd directly resulting in a credit of about $20,000.
MOTION
Alderperson Stowe motioned to approve the change order for $883.92 and Alderperson Sherrod seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
C. Consideration of an Administration Recommendation to Approve a Change Order to Leander Construction for the Sycamore Wastewater Treatment Plant for Concrete Finishing on a Time and Material Price Not to Exceed $19,561.98.
City Manager Brian Gregory said City Engineer Mark Bushnell has done a great job keeping up to date on this and negotiating some of the prices down. These weren’t done together because the previous consideration is part of the IEPA (Illinois Environmental Protection Agency) loan as change order #2 and this one is one that we are proposing to use cash on hand from the Sewer Fund. Concrete finishing was one of the original alternates that they were able to pull out saving $296,000 of which a big portion was going to be the western wall of the SBR tanks which faces a field so the concrete finish wasn’t as important. It is proposed that the concrete material be finished or rubbed on a time and material basis possibly coming in less than the amount presented, but will not exceed $19,561.98. It will later be painted to match the siding but will put us $276,000 ahead by exercising this option.
MOTION
Alderperson Kramer motioned to approve Consideration C for concrete finishing on time and material price not to exceed $19,561.98 and Alderperson Copple seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
D. Consideration of a Community Development Department Recommendation to approve a Plat of Vacation and Dedication of Storm Water Easement for Ignatius Press.
City Manager Brian Gregory said Ignatius Press is doing a 56,000 square feet addition where some detention needed to be moved needing to be vacated with a plat that would dedicate additional detention that would accommodate the 56,000 square foot addition footprint. This requires Council approval so Director of Community Development John Sauter worked with the developer and the city’s legal team to develop the plat. It is found to be in order and recommends approval.
MOTION
Alderperson Huseman motioned to approve Consideration D and Alderperson Kramer seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
E. Consideration of a Request by the Police Department to Discuss a Local Massage Therapy License.
City Manager Brian Gregory said there have been some issues with a local massage therapy business and said that a license for these establishments is prevalent in Illinois. The Police Department has been reviewing what other municipalities are doing and are looking to bring an ordinance to council for consideration. Tonight, they want to start the discussion to get some direction from the council.
Police Chief Jim Winters said the idea behind this ordinance is to be sure that they have a regulatory tool to close down the places that are not legitimate. They have had six to seven occurrences over the past six years with the same spot. Unfortunately, although the state has regulatory powers through the Illinois Department of Finance and Professional Regulations to issue them massage therapists licenses, there’s really not anyone enforcing that and there’s not a lot of severity in the courts to some of the crimes. He said that the case they have investigated has been for prostitution but typically at these places there is potentially money laundering and human trafficking. The goal is to create a license that would dissuade the businesses that are illegitimate and involved in criminal activity but not burden the legitimate businesses that offer massage therapy from licensed therapists who engage in that service to help their client’s health. He said that stopped in the spa today that they shut down three months ago with the help of Director Sauter and his crew with some building code violations but they are back up and running and there was one person in there that he could not find a massage therapist license for and they are still basically in business. He said that he spoke with several different legitimate massage establishments in town and they welcome bringing credibility to their business.
City Manager Brian Gregory noted that staff has discussed exempting those that perform massage therapy for the sole purpose of medical reasoning. Jim Winters and John Sauter have done a lot of leg work on this.
Alderperson Copple asked if there would be a license fee.
City Manager Brian Gregory said that would be a discussion point as they don’t want to be punitive to those businesses that have operated legitimately for years in our community but that we want to balance that out with the other local license fees. They can bring back an ordinance on First Reading and have discussion on the details. If the council wanted to enact a fee, it could also be waived for the first year or something like that. He noted that it would set up due process allowing a mechanism to advance in a regulation.
Alderman Brasier said that this is a health department issue, too. He’s not sure how often the Health Department inspects them but thinks it would need to be pretty regular.
Chief Jim Winters said that there was some language that they saw in other ordinances that allows the Community Development Department to appoint them as a health inspector for the city making sure that the building is up to code and that no one is living in the establishment. The noted that the last time they arrested an individual at the local place and closed it down, there were people living there. He thinks there is something that they could do on a local level.
Alderman Brasier asked Attorney Keith Foster if there will be the ability to go after the landlords, too as it may help in putting pressure on them.
Attorney Keith Foster said sure and that it is a good idea.
Alderman Stowe said we have to make sure the attorneys get the right kind of language for the license being exempted for those performing for the sole purpose of medical care. He thinks it is a great way to go.
Attorney Keith Foster said this is why it is a good idea to bring it back on First Reading only.
F. Consideration of an Extension to the Contract Between the City of Sycamore and the Sycamore Chamber of Commerce for Visitor Attraction and Economic Development.
City Manager Brian Gregory gave some background as provided in the agenda explaining that the City held all contracts in mid-March trying to get some understanding of the impact of the COVID crisis. With economic uncertainty and the impacts of COVID-19 to be continue for many months and possibly years the City and Chamber have come together on a one-year partnership agreement as follows:
The Chamber has been committed to the following services:
1) Maintaining a professional staff including a full-time Executive Director and Discover Sycamore/Tourism Director to maintain a visitor attraction program and to assist the City in its business attraction efforts.
2) Providing periodic oral presentations to the City Council regarding ongoing tourism and community development activities of the Chamber.
3) Providing periodic reports to the City Manager identifying (a) efforts to market Sycamore to visitors; (b) the impact of sponsored events in drawing day trippers or overnight guests to Sycamore; and (c) the number and nature of inquiries concerning available Sycamore retail space.
4) Maintaining a current database concerning downtown Sycamore office and retail space including available space, rent per square foot, associated utility costs, and contact persons.
5) Providing advice and assistance to the City on business and industry retention matters. This means informing the City Manager of any confirmed intentions of local businesses to expand or relocate as soon as they are learned.
The City’s obligations have included the following:
1) Providing the Chamber a grant of Forty-Two Thousand Dollars ($42,000) to partially offset the cost of the Discover Sycamore/Tourism Director and to help finance a variety of marketing and advertising aimed at attracting visitors and supporting local businesses. This amount represents approximately 25% of the most recent unaudited hotel and motel tax receipts. The City will share 25% in any hotel and motel tax receipts for FY21 that exceed $168,000 with the Chamber of Commerce.
2) The referral of retail prospects to the Chamber for further information about vacant downtown storefronts and other retail locations.
3) Informing the Chamber as soon as practicable about any likely changes in the City’s tax policy, retention policy, incentive policy, and any other policies that may be critical to the Chamber’s business attraction and retention efforts. Toward this end, regular contact is maintained between the City Manager and the Chamber staff, and the City Manager sits as an ex-officio member of the Chamber Board of Directors (the School District and Park District also have ex-officio representatives on the Chamber board).
4) Work cooperatively with the Chamber to help expand its funding base through public grant sources. This assistance typically takes the form of information regarding the City’s demographics and its attractions.
Executive Director Rose Treml said that her and Brian Gregory spoke and while she certainly understands the cut, they can make it work. They discussed that she will probably cut from the tourism blanket advertising because people aren’t traveling right now. They are promoting for everyone to shop local. They have been selling gift certificates checks for chamber member businesses. In a typical year, they sell $2,500 to $3,000 in checks, but they have sold $14,800 chamber bucks in the last two months.
Alderperson Copple thanked Rose Treml for what she does and said that she has received $15 of Chamber bucks in the mail and said it is a great idea.
Mayor Lang said he personally appreciates the Chambers information on Facebook each day.
Executive Director Rose Treml said that MorningStar Media who takes care of their website, said that the Chamber Facebook page is ranked in the top five of DeKalb County in terms of engagements. They have 5,800 followers who want to know what’s happening in Discover Sycamore.
City Manager Brian Gregory said they would bring back a formal agreement but wanted to lay it out to the Council for any discussion and feedback, but he highly recommends it.
Alderman Huseman said that it is nice to see the Farmer’s Market saying it does something for the soul. He said that the partnership with the Chamber and the City could surely be taken for granted over the years so it’s nice to have this on the agenda. He looks forward to the regular updates from the Chamber and said it would be nice to hear a pulse on the City from Rose and her staff as we are reopening so the Council can do anything within their power to help out.
OTHER NEW BUSINESS APPOINTMENTS
ADJOURNMENT
MOTION
Alderperson Stowe moved to adjourn the meeting at 8:13 p.m. and Alderperson Paulsen seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Stowe, Bauer, Braser, Copple, Huseman, Kramer, Paulsen, and Sherrod, voted aye. Motion carried 8-0.
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