City of Sandwich City Council met July 6.
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, Josh Huseman, Rick Kramer, Pete Paulsen, Virginia Sherrod, and Chuck Stowe. Nancy Copple logged on at 7:01 p.m. after roll call. City Attorney Keith Foster was also present.
INVOCATION- Moment of Silence
PLEDGE OF ALLEGIANCE – Led by City Treasurer Adam Orton
APPROVAL OF AGENDA
MOTION
Alderperson Kramer motioned to approve the agenda 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, Huseman, Kramer, Paulsen, Sherrod, and Stowe 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 15, 2020.
B. Payment of the Bills for July 6, 2020 in the amount of $3,083,521.59.
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 Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
PRESENTATION OF PETITIONS, COMMUNICATIONS, AND BILLS
REPORT OF OFFICERS
City Manager – Brian Gregory said we have entered Phase IV of Restore Illinois, which may be a lengthy phase however, some of the guidelines from the Governor will change throughout the phase. They will continue to monitor it and make adjustments. He encourages everyone to support all of the local businesses. There is no update on finances as it relates to COVID-19 as there will be about a three month lag and said we will see FY21 May, June, and July numbers in the coming months. FY20 was a solid year and hopefully they can carry some momentum into FY 21 to bridge the gap that COVID-19 will have on finances. The city continues to be in a holding pattern for hiring certain positions and for non-grant funded capital expenditures until they assess the impact. He announced that Meijer plans to open on Thursday, July 9, 2020 and said he appreciates everyone’s work throughout the entire commercial development, which began in 2006. He attended an open house at Brian Grainger’s Old Mill Park and said that the sentiment is that residents are quite impressed. He reported that the pear trees downtown are experiencing fire blight making them slowly die and said they are working on a plan to replace the trees. There is considerable effort to remove the larger trees but with budget considerations, they are working on a plan and will share more in the coming weeks. There will be no Planning and Zoning Commission Meeting on July, 13th. The City Council meeting on July 20th will be a combination of in-person and by electronic means so City Hall will be open for that meeting with social distancing safeguards in place following the Governor’s Executive Order for Open Meetings Act which allows for electronic meetings with physical quorum at City Hall.
Mayor Lang added that Meijer has given several donations including to the YMCA, Youth Service Bureau, Salvation Army, and our Library. They are excited to support and be integrated in our community.
Police Chief – Jim Winters said The Police Department received a notice of award last week for a grant they applied for to be used toward the purchase of the upgraded in-car camera system. The grant is from the Illinois Law Enforcement Training and Standards Board in the amount of $40,760 which will cover approximately two thirds of the cost of the system. This upcoming Sunday, we are scheduled to send officers to the police training academy which will fill two of our three current vacancies. It was a very compressed hiring timeline with a lot of moving parts so he thanked Maggie for her help and work during the process.
Fire Chief – Pete Polarek said the committee for the pumper tender met via Zoom last week with the manufacturer to work out all the fine details so the plans are drawn and the manufacturing process should start. He anticipates a ten to twelve month build out. A press release went out June 30th identifying the Sycamore Center and the Sycamore Public Safety Building as cooling centers, although there was a glitch in the newspaper that misidentified one of them. He said the cooling centers are designed to be a safety net for those who really don’t have other options. He said the City has been doing this for over ten years and the use is low however, if there is a surge, there are contingency plans in place for social distancing.
Director of Public Works – Fred Busse said that Public Works has completed the seven service crossings along State Street for a total of 14 excavations of which they ended up replacing 13 services. There were a lot of the copper services that were at various stages of failing. It is good that they were able to get them replaced and are up and running. He said that Matt Anderson is also on the call for any questions for this and SCADA later in the agenda.
Treasurer/Asst. to the City Manager – Adam Orton said that this was the first fay of the audit field work where the auditors were socially distanced on the third flood. They will be in all week and said all is good so far. He announced that the City now has the capability to email utility bills. There have been many inquiries over the years so now you can go on the City’s website and sign up to receive your bill via email. He thanked Matt Anderson and Kate Griffey for all their assistance on this and he thanked all the employees who signed up as test subjects.
Building & Engineering Director – John Sauter said they’re at 15 single family permits as of the end of June. Last year at this time we were at 24. Footing foundation work has begun at the Ignatius Press site and walls are in place at the Jiffy Lube site where progress is being made. They’ll likely see the NICOR project break ground this summer and Menard’s is adding a new gate house and canopy on the side of the store, which will start in the near future as well.
Director of Human and Administrative Resources (DHAR) – Maggie Peck said two new police officers will begin this Friday when they will be sworn in, however, with COVID, the officers will be introduced at a future council meeting after returning from the academy. She reported that in regards to the Comprehensive Plan, the survey went out to all the businesses for which they received 31 responses. Since that survey went out, they have added three questions to see what the impact of COVID had or didn’t have on the local businesses. The resident survey of about 25 questions will go out by the end of this week, so the Comprehensive Plan is on track as scheduled.
City Engineer – Mark Bushnell said in order to continue to reduce the inflow and infiltration into the wastewater treatment plant, they will be smoke testing the sanitary sewers. Last year they focused on the area adjacent to the treatment plant working the way east along the Kishwaukee River. This year the project will focus on areas adjacent to Martin’s Ditch and other areas adjacent to drainage ways. The plan is to send it out to companies this week to bring a recommendation to the council in early August to complete the work during the late summer/early fall.
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 No. 2020.05—An Ordinance Adopting Title 3, “Business and License Regulations,” Chapter 25, “Massage Establishments” of the City Code of the City of Sycamore, Illinois. First and Second Reading.
City Manager Brian Gregory said this ordinance comes tonight on potentially First and Second Reading if the council is prepared to take action as there was a Consideration at the last meeting where this was discussed. He said that Chief Winters and Director Sauter can weigh in or answer any questions. He said due to many complaints and cases the police have had on a message establishment over the past six or seven years, they have discussed putting regulations on such establishments as in the form of a license. What is proposed follows per the agenda:
The proposed ordinance includes health and safety requirements in accordance with businesses that provide personal health and wellness services which include:
• Those performing massage must be licensed through the Illinois Department of Finance and Professional Regulation;
• Massage establishments must be licensed through the City and are subject to health and safety inspections;
• Hours of massage establishments are set to any time between 8 a.m. and 9 p.m. each day of the week;
• Massage therapists conducting a home occupation as defined under the Unified Development Ordinance are not required to obtain a massage establishment license;
• Certain licensed professionals such as physicians, physical therapists, and podiatric physicians are exempt from licensing;
• Massage establishment licenses are not available to any person convicted of any offense related to pandering, prostitution, human trafficking or other sex offense;
• If adopted, massage establishments would have until September 1, 2020 to obtain a license; and
• The initial application fee is proposed at $50 with an annual renewal fee of $25. The penalty for a violation of this section would be up to $750.
He said that both Chief Winters and Director Sauter have talked to various massage therapists in town to get some input as this ordinance was created.
Alderperson Copple asked if this license is per person or per establishment. City Manager Brian Gregory said he believes it is per establishment.
Chief Winters said that this license would be per establishment as each therapist is licensed through Illinois Department of Finance and Professional Regulations to engage in massage in Illinois.
Alderman Kramer asked if the establishments will be inspected by the health department.
City Manager Brian Gregory said it’s not an automatic inspection but that the ordinance is for the City’s Community Development Department, Police Department, and the DeKalb County Health Department to inspect if there are complaints. If there were violations that were found, the ordinance walks through the steps of due process that is required with any violation for the steps up to revoking the license.
Mayor Lang asked about it being mentioned at the last meeting that the message therapy and physical therapy community is behind this ordinance.
City Manager Brian Gregory said that Chief Winters reported that at the last council meeting in that they were supportive as they continue to do the right thing and want it recognized as such.
Chief Winters said he spoke with a couple of people who said they believe that the illegal activity give their legitimate businesses a bad name. He heard “it’s a long time coming” and “it’s greatly appreciated”. He thinks it is welcomed from a majority if not all of the businesses.
MOTION
Alderperson Braser motioned to waive First Reading of Ordinance 2020.05 and Alderperson Copple seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
Amy Bochenek, DeKalb Prenatal Massage, 1210 East State Street, Sycamore said she has spoken to many other massage therapists in the community about this and is unsure about it because it seems like the legitimate businesses are being penalized by paying even more fines, fees, and licensing for other people that are not following the rules. She said that she and the other therapists are all good people. She stated that it is concerning that home businesses are not going to be a part of this when they are the ones that are probably the biggest problem. She said that it is not true that all businesses are in favor of this and that it is just one more thing to have to pay when they are a part of the community and help the community. The focus needs to be more on the issues.
Alderman Spider Kramer said the tattoo community has gone through the same motions. He has been in the business for 30 years and you are still not going to stop the people doing it out of their household and that regulation and licensing keeps everybody equal. He thinks that anyone that is touching people and servicing people should be looked at and regulated to a point.
Amy Bochekek said that she agrees with Spider and that is why therapists are licensed by the State. It’s not fair because they are not the ones that are breaking the rules. She is interested to know the details of the exemptions because she understands that home-based massage therapy businesses, which are probably the biggest places where criminal behavior could be happening, are exempt.
City Manager Brian Gregory said that Chief Winters could weigh in on this as the City’s issues haven’t been with home-based businesses but with those that occupy store fronts that would outwardly show as a legitimate massage businesses and use the rules and boundaries of the Illinois Department of Financial Health and Regulation to their advantage. This would provide local regulation and if someone is not complying with the city ordinance, they wouldn’t be able to operate in Sycamore.
Amy Bochekek rebutted that the State of Illinois has already put this in place and it did not stop any of the prostitution issues so $50 is not going to stop the prostitution issues here.
City Manager Brian Gregory said that it is not the $50. It’s that the ordinance provides the avenue for the revocation of a license and ultimately the closure of a business if they are not complying with the city ordinance.
Chief Winters said they have not had any complaints in recent years of home-based businesses that were engaged in any unlawful activity when it comes to massages. For this ordinance and what he understands is proposed, is the regulation is already in place for businesses and doesn’t ask for any additional licenses for that massage therapist. We just want to know that they have one through the State. He added that they have not gotten support from the State as far as an criminal investigations as they just don’t time or inclination to engage in that with us. Everything that is written in this ordinance is standards that are already being used.
Alderman Stowe asked if there were any restrictions with landlords and if the ordinance addressed that.
Chief Winters said that would be addressed under the public nuisance section for any time a business is involved in criminal activity.
MOTION
Alderperson Braser motioned to approve Ordinance 2020.05 and Alderperson Bauer seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
B. Ordinance No. 2020.06—An Ordinance Approving a Collective Bargaining Agreement Between the City of Sycamore and the International Association of the Illinois Fraternal Order of Police and Lodge #133. First and Second Reading.
City Manager Brian Gregory said this ordinance comes with a collective bargaining agreement that was arrived at using a mediated arbitration. The arbitrator awarded a four-year agreement with the following key terms as in the agenda:
1. A four-year agreement beginning May 1, 2019 and ending April 30, 2023.
2. Increases of 2.50% on May 1, 2019; 2.50% on May 1, 2020, with a reopener on wages and insurance for the final two years of the agreement.
3. An increase requiring all members to pay $100 toward individual health insurance premiums to a maximum of 15% of family coverage.
4. An increase in the health insurance deductibles that allow up to $500 for single coverage and $1,500 for dependent coverage.
5. Other revised non-economic language memorializing previous memorandum of understandings, scheduling, testing and probation that was tentatively agreed to as part of the collective bargaining process.
6. The Agreement expires on April 30, 2023.
Under 5 ILCS 315/14(n), the interest arbitration award becomes part of the collective bargaining agreement unless the City Council rejects the award by 3/5ths vote within 20 days of issuance.
In addition to the terms outlined above, the City has extended an adjustment to longevity bonuses from $250 increments to $300 increments to be consistent with what other City employees receive.
City Council approval of the collective bargaining agreement with the provisions of the Arbitrator’s Award is recommended.
MOTION
Alderperson Braser motioned to waive First Reading of Ordinance 2020.06 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, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
MOTION
Alderperson Stowe motioned to approve Ordinance 2020.06 and Alderperson Paulsen seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
RESOLUTIONS
A. Resolution 837—A Resolution Approving an Extension to the Agreement Between the City of Sycamore and the Sycamore Chamber of Commerce for Visitor Attraction and Economic Development.
City Manager Brian Gregory said this was discussed as a Consideration at the last meeting as the City had originally had taken a “wait and see” position to see the impact of COVID. Given that the Chamber is an important resource for our businesses who need as much support as possible , the City and the Chamber have come together on a one-year partnership agreement. The details follow as outlined in the agenda:
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.
The Chamber will continue to provide the same services as outlined above while recognizing the City as a sponsor. This valuable partnership has been beneficial for the City, the Chamber and our businesses. Both organizations will continue to work together to support our businesses as we move forward and navigate the impacts of COVID-19.
Alderman Braser asked if this was just a one year agreement and asked if the City has ever gotten an audit in the past on how the money is spent.
City Manager Brian Gregory said yes, that it would expire at the end of this fiscal year on April 30, 2021. He said they have not received any kind of audit but he sits Ex-Officio on the board and sees the budget numbers which tells the story of where the dollars are going. Typically the City’s dollars go toward the downtown marketing coordinator position called the Discover Sycamore Coordinator. In the past, a good amount of the funds went toward out of town marketing trying to bring folks here.
Alderman Braser said that there are a significant amount of projects that they would have helped fund that have been cancelled for the year and doesn’t know if the cut is enough because all the locals events they help promote aren’t happening this year.
MOTION
Alderperson Braser motioned to approve Resolution 837 and Alderperson Huseman seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
B. Resolution No. 838—A Resolution Authorizing Disposal of Certain City Property.
City Manager Brian Gregory said this authorizes the disposal of a total of six variable frequency drives that will be sent to the Wisconsin Surplus auction totaling over $3,000 in value.
MOTION
Alderperson Kramer motioned to approve Resolution 838 and Alderperson Braser seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
CONSIDERATIONS
A. Consideration of a Recommendation from the Public Works Department Regarding the Award to Metropolitan Pump Company for SCADA System Upgrades.
City Manager Brian Gregory said this is part of the treatment plant project and reminded the Council that the City took the SCADA system upgrade and improvements out of the bid package in order to save contractor markup and to continue to work with Metropolitan Pump Company. Originally, they were estimating this to be over $100,000, but Fred Busse, Matt Anderson, Mark Bushnell and their team have been able to come in with a quote much lower. The cost of the work is proposed at $64,770.00, with additional parts and labor not to exceed administrative spending authority.
Assistant Director Matt Anderson added that this is something that they expected all along and is 100% necessary in order to get all the new systems online and integrated in the SCADA, so it is a win-win that it was cheaper.
Director Fred Busse said that Metropolitan is a proven integrator and have ironed out all our past issues in being our sole integrator. Not only will this bring the new equipment, they will also clean up the system. He said they will hopefully be able to give a presentation at a future council meeting.
MOTION
Alderperson Stowe motioned to approve $64,770 to Metropolitan Pump Company and Alderperson Kramer seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
B. Consideration of an Architectural Review Committee Recommendation to Award a Gateway Improvement Grant to Kar-Fre Flowers Located at 1126 E. State Street.
City Manager said although the Downtown Façade Program has been put on hold due to the impact of COVID-19, this is one of the projects that has been in the works. This comes from the Architectural Review Committee with a recommendation by a vote of 3-0 for the Gateway Improvement Plant from Kar-Fre Flowers. Michelle Schulz is on the call to answer any questions, but said that they are a staple on the east end of town. They will power wash, replace rotting wood, stain the cedar siding, and paint the exterior doors. He gave a brief background and said the color selection is River Birch and Black Alder. The grant is a 50 % match of $4,878.89 or $2439.44.
Michelle Schulz said that she is thankful for the consideration.
MOTION
Alderperson Copple motioned to approve the Gateway grant for change order for $2,439.44 and Alderperson Bauer seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
C. Consideration of a Public Works Department Recommendation to Approve a Change Order to Leander Construction for the Sycamore Wastewater Treatment Plant for Roofing Improvements to the Administration Building on a Time and Material Basis not to Exceed $13,046.52.
City Manager Brian Gregory said it was discovered that the existing walls did not include adequate structural components to secure the proposed truss members. In addition, there is the potential that the existing structure does not include a bond beam. A bond beam is used to secure roofing components to the exterior walls to prevent movement from lateral or upward forces. Leander Construction has prepared a change order request for truss plate modifications and a bond beam. He said that City Engineer Mark Bushnell worked to bring it as a “not to exceed” amount.
City Engineer Mark Bushnell said that there were originally two parts to the change order but they found out they didn’t need the second half so it is half of what it could have been.
MOTION
Alderperson Braser motioned to approve Consideration C for roofing improvements on time and material price not to exceed $13,046.52 and Alderperson Huseman seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
D. Consideration of a Public Works Department Recommendation to Enter into Agreement with Curran Contracting in the Amount of $37,106.50 for Paving Services at the Intersection of Illinois Route 64 and South Main Street in the City of Sycamore, Illinois.
City Manager Brian Gregory said this is another one that City Engineer Mark Bushnell work on where IDOT (Illinois Department of Transportation) contracted Curran Contracting to pave Route 23 through town, North Main Street, and Route 64 through downtown. As part of the 2020 Street Maintenance program which had an engineer’s estimate of $39,600 with contingency, the City worked with Curran Contracting to expand the project limits to include the south portion of the intersection of Illinois 64 and South Main Street to remove and replace the area that is rutted with a glass grid alternative used to prevent future rutting. He explained that this includes an alternative glass grid which will reduce future rutting. IDOT requires a separate contract and direct payment to the contractor, therefore, staff is recommending award of a contract to Curran Contracting in the amount of $37,106.50.
City Engineer Mark Bushnell said that the pavement south of State Street is a flexible pavement which is more susceptible to rutting so they will remove four inches of asphalt to put down a glass grid alternate which is a mesh that goes between the layers of asphalt. This will help to protect the more pliable asphalt underneath to resist future rutting.
Alderman Huseman asked if this included the edge of Route 64 against the library. City Manager Brian Gregory said yes that it is part of IDOT’s project.
City Engineer Mark Bushnell said the main concern is the northbound lane next to the post office where they are taking it 135 feet south of the crosswalk or just north of the alley and putting in a uniform pavement section.
MOTION
Alderperson Bauer motioned to approve $37,106.50 to Curran Contracting and Alderperson Kramer seconded the motion.
ROLL CALL VOTE
Mayor Lang called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Copple, Huseman, Kramer, Paulsen, Sherrod, and Stowe voted aye. Motion carried 8-0.
OTHER NEW BUSINESS APPOINTMENTS
ADJOURNMENT
MOTION
Alderperson Stowe moved to adjourn the meeting at 8:17 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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