City of Sycamore City Council will meet on Monday, Sept. 21.
Here is the agenda provided by the council:
Pursuant to Governor Pritzker’s Executive Order No. 2020-07 (COVID-19 Executive Order No. 5), Governor Pritzker has suspended certain rules of the Open Meetings Act – specifically the Executive Order permits remote public meetings. In light of the current COVID-19 public health emergency and the limit on public gatherings, the City Council will conduct the meeting remotely.
To submit questions or comments during the Audience to Visitors portion of the meeting, please submit your questions prior to the start of the meeting to bgregory@cityofsycamore.com and your questions and/or comments will be read during the meeting and addressed, if appropriate, at that time.
Electronic Via Zoom
If you would like to listen to the meeting, please go to:
https://us02web.zoom.us/j/82826513423?pwd=bVdPUFArQWl6bVg4WjNVdjRMSXg2Zz09
Meeting ID: 828 2651 3423
Passcode: 766474
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF AGENDA
5. AUDIENCE TO VISITORS
6. CONSENT AGENDA
A. Approval of the Minutes for the Regular City Council Meeting of September 8, 2020.
B. Payment of the Bills for September 21, 2020.
7. PRESENTATION OF PETITIONS, COMMUNICATIONS, AND BILLS
8. REPORTS OF OFFICERS
9. REPORTS OF STANDING COMMITTEES
10. PUBLIC HEARINGS—None
11. ORDINANCES
A. Ordinance No. 2020.09—An Ordinance Approving a Conditional Special Use Permit for David and Janice Tripp to Operate a Medical Cannabis Dispensary at the Property Located at 2270 Oakland Drive (PIN number 08-12-426-006) in the City of Sycamore, Illinois. First and Second Reading.
This request from David and Janice Tripp is for a special use permit to operate a medical cannabis dispensary at 2270 Oakland Drive in Sycamore. The State of Illinois has one permit available for the district and will ultimately decide between applicants that meet local zoning regulations. Therefore, the granting of a special use permit does not guarantee that a medical cannabis dispensary will be operated at the specific location as the State may choose to award the license to a petitioner at another location or in another community within the district. The petitioner plans to utilize the existing building with modifications to meet state requirements to house the medical cannabis dispensary if approved at both the local and state level. The petitioners intend to seek a recreational cannabis dispensary license as well if approved by the State of Illinois for a medical cannabis dispensary license.
MEDICAL CANNABIS BACKGROUND
In 2013, Illinois became the 20th state to legalize medicinal marijuana. The law included a pilot program where people suffering from one of more than 30 serious illnesses could get a prescription for marijuana. State-wide cultivation centers will be constructed to grow cannabis for medical purposes, with only one allowed for each state police district. The cultivated marijuana will be available by prescription to patients with debilitating medical conditions at dispensaries. In order to be designated as a “qualifying patient” a person must be diagnosed by a physician as having a debilitating medical condition. The statute lists specific medical conditions that qualify.
A dispensary may not be located within 1,000 feet from a school or daycare. Dispensaries are also prohibited in a house, apartment, condominium, or an area zoned for residential use. These distance requirements are measured from the property line of the prohibited properties rather than the buildings.
In addition to the distance limitations, the statute authorizes municipalities to enact “reasonable zoning ordinances or resolutions” regulating registered medical cannabis cultivation centers or medical cannabis dispensing organizations. The zoning regulations may not conflict with the statute,
Act, or the administrative rules of the Department of Agriculture or Department of Public Health. Home rule powers are preempted, so they have the same zoning authority as non-home rule communities.
The statute is silent on the nature of the zoning restrictions. The City of Sycamore took steps to identify Medical Cannabis Dispensaries as a Special Use within C-3, Highway Business Zoning Districts and defined such businesses as follows:
Medical Cannabis Dispensing Organization: Shall mean a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois effective January 1, 2014, as may be amended from time to time.
Throughout the discussions the most appropriate siting of dispensaries focused on C-3 Highway Business zoning with an emphasis toward clustering a dispensary near other medical uses.
With the State of Illinois making the ultimate decision on the best plan for a medical cannabis dispensary, the local decision is one of zoning and whether the petitioner meets the requirements of the special use permit process. Per Section 4.3.3 of the City’s Unified Development Ordinance, a Special Use Permit shall be granted only if evidence is presented to establish that:
A. The proposed structure or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;
B. The proposed structure or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety, and general welfare; and
C. The proposed structure or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.
D. Such other standards and criteria as are established by the ordinance for a particular Special Use as set forth in Section 4.3.4 and as applied to Planned Developments as set forth in Article 4.4.
ADULT-USE RECREATIONAL CANNABIS
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 Council voted in November 2019 to permit adult-use recreational cannabis dispensaries beginning January 1, 2020. The adult-use recreational cannabis dispensaries shall operate 4 consistent with zoning ordinances regulating these 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.
Businesses with medical cannabis licenses have been provided the ability to add recreational cannabis offerings provided state requirements are met. The petitioners intend to expand into recreational cannabis if the State of Illinois grants their request for a medical cannabis license and provides the opportunity.
Given the Illinois licensing process, zoning approval is required at the local level prior to applying for a medical cannabis dispensary license. Recreational cannabis dispensary licenses are granted to qualified applicants, and from there the license holder seeks local zoning approval.
On September 14, 2020 a public hearing was held by the Planning and Zoning Commission with a vote of 9-3 in favor of a Special Use Permit to Operate a Medical Cannabis Dispensary at the property located at 2270 Oakland Drive, conditioned on a fence being constructed and landscaping installed to create a buffer between the property and Ollie’s Frozen Custard.
City Council approval is recommended.
B. Ordinance No. 2020.10—An Ordinance Approving an Amendment to Article 4.5.6.C.1.q.6, “Plan Commission Certificate” of the Unified Development Ordinance, Adopted May 1, 2005, of the City of Sycamore, Illinois. First and Second Reading.
This item is a modification of certificate language placed on plats to indicate that the Planning and Zoning Commission. The certificate references the “Plan Commission” and the proposed is a minor administrative clean-up to accurately reflect the change to “Planning and Zoning Commission” as follows (changes are underlined):
6. PLANNING & ZONING COMMISSION CERTIFICATE STATE OF ILLINOIS )
) SS
COUNTY OF DEKALB )
Reviewed by the Planning & Zoning Commission of the City of Sycamore this _____ day of
____________ A.D. 20 ___.
BY:_________________________________________
PLANNING & ZONING COMMISSION CHAIRMAN
ATTEST:_____________________________________
A public hearing was held on September 14, 2020 and was forwarded to the council with a favorable recommendation of 12-0 vote of the Planning and Zoning Commission
City Council approval is recommended.
12. RESOLUTIONS—None
13. CONSIDERATIONS
A. Consideration and Approval of a Public Works Department Recommendation of a Change Order for the Sycamore Wastewater Treatment Plant Project to Provide an Extension to Leander Construction of Contract Time for Substantial and Final Completion. The contract with Leander Construction became effective on April 1, 2019 with a Substantial Completion date of September 27, 2020 or 545 Calendar Days. The current Final Completion deadline is October 27, 2020, or 575 Calendar Days.
During the construction process, Leander Construction has experienced delays that were beyond their control. These include but are not limited to delays in the procurement of equipment (microscreens) related to COVID-19 and wet weather events during April and May of 2019 and 2020.
These delays were discussed at the regularly scheduled construction meetings and the contractor provided documentation of the previously mentioned impacts. During these delays, Leander Construction continued progress on other portions of the project.
Within the contract documents, substantial completion is defined as “ready for its intended use”.
Due to the delay in the shipment of equipment, Leander Construction will not be able to have the WWTP ready for use by September 27, 2020 and has requested an extension of 45 calendar days.
Based on updated shipping information, Leander Construction anticipates delivery, installation, and startup completed by the week of October 19, 2020. An extension of forty-five days will allow a slight buffer and modify Substantial Completion and Final Completion to November 11, 2020 and December 11, 2020 respectively. This request was also reviewed by the City’s consultant, McMahon Engineering, and found to be justified, eligible, and appropriate.
Therefore, staff recommends that Leander Construction is granted a forty-five-day extension to Substantial and Final Completion, pending IEPA approval.
City Council approval is recommended.
B. Consideration of an Administration Recommendation to Award the Bid for the City’s Public Works Paving Project.
The City opened bids for the Public Works Paving Project on Tuesday, September, 15th. Four bids were received for this project. The bid results are shown below:
Company Name Bid Amount
Royer Asphalt $55,320.11
Champion Paving Inc. $47,377.40
Schroeder Asphalt Services $56,835.55
Maneval Construction $ 59,982.60
The engineer’s estimate for this project was $65,155.00.
This project consists of hot-mix asphalt paving at the following locations: 1) The engineered barrier for the South Avenue raised platform demolition site and 2) Driveways at the new Public Works Equipment Storage Building. Work includes base preparation of the existing aggregate base course that was constructed by others at both locations, construction of bottom lift of HMA N50 Binder Course and the construction of the top lift of HHA N30 Surface Course. The completion date is specified as October 31, 2020. Staff has reviewed the bids and recommends the award of contract to Champion Paving in the amount of $47,377.40.
City Council approval is recommended.
C. Consideration of an Administration Recommendation to Award the Bid for the City’s 2020 Tree Planting Program.
The City opened bids for the 2020 Tree Planting Program on Tuesday, September, 15th.
The City pays for 50% of the cost of the tree and planting as part of the program. Typically, the program is for up to 50 trees, however, this year the program is limited to 26 trees due to the uncertain impacts that COVID-19 has had on the City’s budget. Staff recommends the program be limited to a maximum of one tree per residence through October 2nd. Orders will be taken at the City Clerk’s Office at which time the resident will receive a stake to be placed in the front yard to indicate the desired location of the tree. Each tree will be planted between October and November and is guaranteed for one year.
This year’s program does not include pear trees as they have been prone to a bacterial disease called “fire blight”. Many of the downtown pear trees have been infected by the disease, which is evident in the many dead branches and considerable thinning of the trees. Approximately, 24 to 30 of the pear trees in the downtown will be removed this fall and replaced with one of three types of trees:
State Street Miyabe Maple, Triumph Elm and Autumn Fantasy Maple. These trees were added to the quantities for competitive bidding purposes.
Both bids came in under the engineer’s estimate of $23,510. Given that Stran’s Garden Center is within 5%, the City’s local preference policy allows the company to match the lowest submitted bid.
Dave Stran, owner of Stran’s Garden Center has expressed a willingness to match the low bid of $20,170. The per unit costs are reduced proportionately resulting in the following costs for this year’s program:
Group A Trees - Resident pays $215.86
Kentucky Coffee Tree
Group B Trees – Resident pays $191.30
Skyline Honeylocust
State Street Miyabe Maple
Sienna Glen Maple
Marmo Freeman Maple
Autumn Fantasy Maple
Common Hackberry
Princeton Elm
Triumph Elm
Patriot Elm
Staff has reviewed the bids and recommends award of the contract to Stran’s Garden Center in the amount of $20,170. Additional quantities may be added administratively as needed for the downtown area.
City Council approval is recommended.
D. Consideration of the Salaries of City Elected Officials from May 1, 2021 through April 30, 2025.
According to state statute (50 ILCS 145/2; 65 ILCS 5/3.1-50-10), the compensation of elected officials must be fixed by ordinance at least 180 days before the beginning of the term of office. The salaries of elected officials may not be increased or diminished during the terms of such officials.
Presently, the following salaries and benefits are paid to Sycamore elected officials:
a) Mayor: a gross annual salary of $20,000 plus an additional $5,000 for service as Liquor Commissioner.
b) Council: a gross annual salary of $4,800.
c) City Clerk: a gross annual salary of $65,049.79 plus insurance benefits (market based-currently $29,125.20 for family coverage) and IMRF coverage. This salary includes service to the Planning and Zoning Commission and a variety of ad hoc committees appointed by the Mayor.
The City Council will set the salary schedule for the next four-year period on October 5th.
City Council direction is requested.
14. OTHER NEW BUSINESS
15. APPOINTMENTS
16. ADJOURNMENT
https://cityofsycamore.com/wp-content/uploads/2020/06/cc20200921a.pdf
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