SYCAMORE CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 18, 2016 ROLL CALL Mayor Ken Mundy called the meeting to order at 7:00 p.m. and City Clerk Candy Smith called the roll. Those Alderpersons present were: Alan Bauer, Steven Braser, Rick Spider Kramer, Curt Lang, Pete Paulsen, Becky Springer, and Janice Tripp. Alderperson Pete Paulsen arrived at 7:02 p.m. and Alderperson Chuck Stowe was absent. INVOCATION Chaplain Matthew Johnson gave the invocation PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Alderperson Braser moved to approve the agenda and Alderperson Kramer Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 6-0. Alderperson Pete Paulsen arrived at 7:02 p.m. APPOINTMENTS Mayor Mundy reappointed Samantha Dailey to the Fire & Police Commission, Jesus Romero to the Human Relations Commission, Nick Lee to the Police Pension Board, Don Paulsen and Rose Treml to the Economic Development Commission, Bill Davey, Ishmael McGhee, and Nathan Schwartz to the Plan Commission, and Steve Loptien to the Board of Zoning Appeals. He appointed Elizabeth Coats and Jim Bisceglie to the Library Board, and Rose Treml to the Plan Commission. He said that standing Committees and Chairs would remain the same and thanked outgoing Library Board members Charles Larson and Jim Tucker, and Plan Commissioner Penny White. Alderperson Kramer moved to approve the appointments and Alderperson Lang Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. AUDIENCE TO VISITORS CONSENT AGENDA A. Approval of the Minutes for the Regular City Council Meeting of April 4, 2016. B. Approval of the Closed Session Minutes for the Meetings of September 21, 2015, December 7, 2015, and January 19, 2016. 1
C. Release of the Closed Session Minutes for the Meetings of December 21, 2009, July 6, 2010, July 19, 2010, August 2, 2010, September 20, 2010, October 4, 2010, and October 18, 2010. D. Approval to Destroy the Auditory Tapes from the Closed Session City Council Meetings During the Period from April 21, 2014 through October 6, 2014. E. Plan Commission Meeting Minutes from March 14, 2016. F. Payment of the Bills for April 18, 2016 in the amount of $315,942. G. Illinois Department of Transportation Motor Fuel Tax Compliance Review. Alderperson Bauer moved to approve the Consent Agenda and Alderperson Lang Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. PRESENTATION OF PETITIONS, COMMUNICATIONS, AND BILLS. A. A Proclamation Declaring April 29, 2016 as Arbor Day in the City of Sycamore, Illinois. B. A Proclamation Declaring May 2016 as Motorcycle Awareness Month in the City of Sycamore, Illinois. C. A Proclamation Declaring May 1 through May 7, 2016 as Arson Awareness Week in the City of Sycamore, Illinois. REPORT OF OFFICERS City Manager Brian Gregory reported that the Mayor s Ad Hoc Committee on Growth Management will reconvene May 4, 2016 to conclude its work on impact and connection fees. He noted that this was the last meeting of the fiscal year and a photographer will be at the May 2 meeting to take photos of Council. Police Chief Glenn Theriault reported that they were in the midst of a deputy chief search to replace retiring Deputy Chief Darrell Johnson. Fire Chief Pete Polarek reported he met with an Insurance Services Organization representative regarding the City s insurance rating. He said they should get a report back from ISO in 6 months. He noted that the rating can be updated for changes in time as the Department receives training and or equipment. Chief Polarek suggested residents get a weather radio and join Code Red for weather preparedness. Director of Public Works Fred Busse reported that Public Works will plant a tree at North Grove Elementary to celebrate Arbor Day. Treasurer/Asst. to the City Manager Adam Orton distributed the March Treasurer s Report with a benchmark of 92%. He said that weighted revenues were running at 92% and expenditures were at 91%. He said that Fire and Police Pensions saw solid gains in March. He noted that the IDOT Compliance Review on the consent agenda earlier showed the MFT Funds were in compliance. Building & Engineering Director - John Sauter reported that they have received 5 new single-family applications, and they performed inspections at MOI and at Resource Bank. 2
City Engineer - Mark Bushnell reported that dry utility work has started adjacent to the jail. He said the jail project will ramp up shortly and will affect traffic on Routes 23 & 64. He said they will keep everybody posted and said that Code Red will be a good way to get information out. REPORT OF STANDING COMMITTEES Finance no report Public Safety no report Public Works no report PUBLIC HEARING ORDINANCES A. Ordinance No. 2015.17 An Ordinance Concerning a Plan Commission Recommendation of Annexation Agreements in Regard to the Zoning Classification and Annexation to the City of Sycamore, Illinois, of the Katherine J. Koehling Property (Part of PIN 06-19-200-011) as Part of the Property Comprising Approximately 300.99 Acres of Land Generally Situated South of North Grove Road, West of Brickville Road, and North and West of Motel Road and Extending West of Brickville Road a Distance of Approximately 4,155.11 Feet at Maximum, in Mayfield and Sycamore Townships, DeKalb County, Illinois. First Reading. City Manager Gregory explained that this is the first of six ordinances coming back to Council after first failing in the fall of 2015 and then reconsidered after returning to Plan Commission. He said there was a joint meeting and then Council made changes to the R-4 zoning by defining livestock animals, changing the number of acres required for livestock animals, eliminating guesthouses, reducing vertical standards, and requiring a Special Use for Game Breeding and Hunting Preserves, and deleting Gun Clubs. He read into the record the annexation agreement amendments as: Article III, Section E Adds language requiring an additional easement area of twenty (20) feet adjacent to the public right of way of along the north and west side of Motel Road, the west side of Brickville Road and the south side of North Grove Road (depending on where each respective property touches) for a future pathway. Article III, Section I Adds language stating that the owner and Sycamore Park District may entertain alternatives to all or a portion of the required impact fees that might include paving of pathways referenced in Article III, Item E, above and/or the dedication of land for park space along the Kishwaukee River with public access. Article III, Section L Adds additional language regarding the Sportsmen s Club as follows: Further the Owner or Owner s successors in interest, shall execute and record an easement agreement with the Sycamore Sportsmen s Club substantially consistent with the easement agreement entered between (1) Michelle T. Glasgow and Steve G. Glasgow and (2) the Sycamore Sportsmen s Club, Inc. on November 8, 2010 (DeKalb County Document No. 2011-004619). He said that language to be required to add to each final plat of all or part of the property is as follows: The Owner, for Owner and Owner s successors in interest, covenants with the Sycamore Sportsmen s Club, and its successors and assigns, that neither Owner nor any successor in interest to Owner, may bring any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions 3
resulting from the normal use of the firearm range. He said that the recorded easement will also include a provision regarding the payment of attorney fees in the event of unsuccessful litigation and a reference as to the normal use of the firearm range. Mr. Gregory said this is on the agenda on first reading and action will be taken at the May 2, 2016 meeting. Mayor Mundy read Ordinances 2015.18 through 2015.22 into the record. B. Ordinance No. 2015.18 An Ordinance Concerning a Plan Commission Recommendation of Annexation Agreements in Regard to the Zoning Classification and Annexation to the City of Sycamore, Illinois, of the Richard and Jane Hoffman Property (PIN 06-19-200-021) as Part of the Property Comprising Approximately 300.99 Acres of Land Generally Situated South of North Grove Road, West of Brickville Road, and North and West of Motel Road and Extending West of Brickville Road a Distance of Approximately 4,155.11 Feet at Maximum, in Mayfield and Sycamore Townships, DeKalb County, Illinois. First Reading. C. Ordinance No. 2015.19 An Ordinance Concerning a Plan Commission Recommendation of Annexation Agreements in Regard to the Zoning Classification and Annexation to the City of Sycamore, Illinois, of the Albert and Lois Hoffman Property (PINs 06-19-100-003, 06-19-200-003, 06-19-100-004, and 06-19-200-023) as Part of the Property Comprising Approximately 300.99 Acres of Land Generally Situated South of North Grove Road, West of Brickville Road, and North and West of Motel Road and Extending West of Brickville Road a Distance of Approximately 4,155.11 Feet at Maximum, in Mayfield and Sycamore Townships, DeKalb County, Illinois. First Reading. D. Ordinance No. 2015.20 An Ordinance Concerning a Plan Commission Recommendation of Annexation Agreements in Regard to the Zoning Classification and Annexation to the City of Sycamore, Illinois, of the Michael Schelkopf Property (PINs 06-18-300-030, 06-19-100-006, 06-19- 100-002, and 05-24-200-025) as Part of the Property Comprising Approximately 300.99 Acres of Land Generally Situated South of North Grove Road, West of Brickville Road, and North and West of Motel Road and Extending West of Brickville Road a Distance of Approximately 4,155.11 Feet at Maximum, in Mayfield and Sycamore Townships, DeKalb County, Illinois. First Reading. E. Ordinance No. 2015.21 An Ordinance Concerning a Plan Commission Recommendation of Annexation Agreements in Regard to the Zoning Classification and Annexation to the City of Sycamore, Illinois, of the Steven Glasgow Property (PIN 05-24-200-026) as Part of the Property Comprising Approximately 300.99 Acres of Land Generally Situated South of North Grove Road, West of Brickville Road, and North and West of Motel Road and Extending West of Brickville Road a Distance of Approximately 4,155.11 Feet at Maximum, in Mayfield and Sycamore Townships, DeKalb County, Illinois. First Reading. F. Ordinance No. 2015.22 An Ordinance Concerning a Plan Commission Recommendation of Annexation Agreements in Regard to the Zoning Classification and Annexation to the City of Sycamore, Illinois, of the Deborah Schelkopf Property (PINs 05-13-400-011, 05-13-400-010, 05-24- 200-018, and 05-24-200-019) as Part of the Property Comprising Approximately 300.99 Acres of Land Generally Situated South of North Grove Road, West of Brickville Road, and North and West of Motel Road and Extending West of Brickville Road a Distance of Approximately 4,155.11 Feet at Maximum, in Mayfield and Sycamore Townships, DeKalb County, Illinois. First Reading. 4
Alderperson Springer said she was confused whether the Sportsmen s Club was ok with this. Scott Larson, attorney for Sportsmen s Club, explained that this issue remains of concern for the club and there is mixed feelings among the members. He said the issues of concern are the R-4 Zoning prohibition of a gun club in the NW Sub Area Plan and the easement agreements regarding payment of attorney fees. He said they will have a board meeting Thursday and will discuss this. G. Ordinance No. 2015.47 An Ordinance Concerning the Adoption of the Combined Budget and Appropriation Ordinance for the Fiscal Year 2016-17 in the City of Sycamore, Illinois. Second Reading. City Manager Gregory explained there was a Public Hearing at the April 4 meeting and recommended approval. Alderperson Springer moved to approve Ordinance 2015.47 and Alderperson Tripp Paulsen, Springer, Tripp, and Mayor Mundy voted aye. carried 8-0. H. Ordinance No. 2015.48 An Ordinance Amending Title 1, Administration, Chapter 10, Personnel Rules, of the City Code of the City of Sycamore to Authorize Non-Elective Positions for the City of Sycamore, Illinois. Second Reading. City Manager Gregory explained that the budget outlines certain positions and this authorizes those positions. Alderperson Springer moved to approve Ordinance 2015.48 and Alderperson Kramer Paulsen, Springer, and Tripp voted aye. carried 7-0. I. Ordinance No. 2015.49 An Ordinance Establishing Offices and Fixing the Compensation of Certain Appointed Officers of the City of Sycamore, Illinois, County of DeKalb, State of Illinois for the Fiscal Year Commencing on the First Day of May, 2016 and Ending on the Thirtieth Day of April, 2017. Second Reading City Manager Gregory explained that this ordinance authorizes compensation for those employees not covered by collective bargaining agreements. Alderperson Kramer moved to approve Ordinance 2015.49 and Alderperson Springer Paulsen, Springer, and Tripp voted aye. carried 7-0. 5
J. Ordinance No. 2015.50 An Ordinance Amending the Fiscal Year 2015-2016 Budget in the City of Sycamore, Illinois. First and Second Reading. City Manager Gregory explained that a budget is amended twice each year to reflect true numbers as they are adjusted. He read through the changes as listed in the agenda: Original Amended Notes 01-000-9023 $100,000 $240,000 Transfer to offset increase in 23-000-8185 05-000-8626 $0 $8,750 Remaining Phase II expenditures 05-000-8633 $75,000 $66,250 Corresponding offset for 05-000-8626 06-000-3711 $0 $23,600 Reflect actual refunds/reimbursements 06-000-3725 $7,000 $12,675 Reflect actual revenues 06-000-3726 $5,000 $10,250 Reflect actual revenues 06-000-8521 $420,000 $450,525 Reflect actual costs 06-000-8540 $63,000 $67,000 Reflect actual costs 07-000-8316 $500,000 $510,000 Reflect actual MFT street costs 10-000-8373 $11,500 $22,500 Reflect actual 2% fund spending 13-000-8418 $47,500 $60,000 Reflect actual grants approved 15-000-8190 $563,908 $690,000 Added pensioner in FY16; issued refund of contributions 15-000-8191 $0 $7,500 Added duty-disability pensioner during FY16 15-000-8342 $39,400 $50,000 Reflect actual financial services fee 16-000-8191 $345,036 $397,000 Added duty-disability pensioner during FY16 16-000-8342 $46,400 $65,000 Reflect actual financial services fee 18-000-9004 $1,771 $1,783 Reflect final transfer to close fund 22-000-8349 $20,000 $40,000 Reflect actual legal costs 23-000-3741 $225,000 $240,000 Reflect actual accrued leave payments 23-000-8185 $225,000 $240,000 Reflect actual accrued leave payments 24-000-9036 $778 $68 Reflect actual transfer to close fund 26-000-8342 $175 $225 Reflect actual Financial Fees 28-000-3219 $250,000 $266,000 Reflect revenue collected 28-000-8490 $245,000 $261,000 Reflect intergovernmental transfers made 28-000-8497 $1,000 $1,500 Reflect actual cost to administer program 28-000-8499 $1,500 $9,000 Reflect actual cost to administer program 30-000-8637 $1,900,000 $1,981,500 Reflect actual contract cost 34-000-8497 $500 $803 Reflect actual financial service fee increase 36-000-8342 $0 $212 Reflect actual financial service fee Alderperson Braser moved to hear Ordinance 2015.50 on first and second reading and Alderperson Springer Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. 6
Alderperson Braser moved to approve Ordinance 2015.50 and Alderperson Paulsen Paulsen, Springer, Tripp, and Mayor Mundy voted aye. carried 8-0. K. Ordinance No. 2015.51 An Ordinance Deleting and Replacing the Entire Title 6, Motor Vehicles and Traffic of the City Code of the City of Sycamore, Illinois. First and Second Reading. City Manager Gregory explained that this ordinance is an attempt to streamline processes, clarify conflicting language, and address items where current ordinances do not provide an ability for enforcement. He noted some of the changes as follows: clarify the local adoption of the Illinois Vehicle Code, address distracted driving, provide local enforcement for seatbelt violations, define a downtown parking enforcement zone, simplify parking meter enforcement, reconcile traffic schedules, and create a fine structure at the end of each section. Alderperson Paulsen moved to hear Ordinance 2015.51 on first and second reading and Alderperson Braser Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. Alderperson Braser moved to approve Ordinance 2015.51 and Alderperson Kramer Paulsen, Springer, and Tripp voted aye. carried 7-0. L. Ordinance No. 2015.52 An Ordinance Amending Title 6, Motor Vehicles and Traffic to Add a New Section 6-1-9, Vehicle Seizure and Impoundment of the City Code of the City of Sycamore, Illinois. First and Second Reading. City Manager Gregory explained that the Police Department is proposing an administrative tow program that requires offenders to pay a $500 penalty to retrieve vehicles operated in connection to the following violations: 1. Driving while the driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked. 2. Operation or use of a motor vehicle with an expired driver's license. 3. Operating a motor vehicle without having ever been issued a driver's license or permit. 4. Driving under the influence of alcohol, drugs or intoxicating compounds, or any combination thereof. 5. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense or in violation of the Illinois Cannabis Control Act. 6. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act. 7. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Section 24-1 (Unlawful Use of Weapons), 24-1.5 (Reckless Discharge of Firearms), or 24-3.1 (Unlawful Possession of Firearms and Firearm Ammunition) of the Illinois Criminal Code of 1961. 7
8. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 (Theft and Related Offenses) or 16A (Retail Theft) of the Illinois Criminal Code of 1961. 9. Operation or use of a motor vehicle in the commission of, or in the attempt to commit a felony as defined in the Illinois Criminal Code of 1961. 10. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to Section 36-1 of the Illinois Criminal Code of 1961. 11. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Section 6-101 (Driving Without a Valid License), 6-303 (Driving With a Suspended or Revoked License), or 11-501 (Driving Under the Influence of Alcohol, Drugs, or Intoxicating Compounds) of the Illinois Vehicle Code. Alderperson Lang moved to hear Ordinance 2015.52 on first and second reading and Alderperson Paulsen Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. Alderperson Lang moved to approve Ordinance 2015.52 and Alderperson Paulsen Paulsen, Springer, and Tripp voted aye. carried 7-0. M. Ordinance No. 2015.53 An Ordinance Amending Title 6, Motor Vehicles and Traffic to Add a New Chapter 8, Administrative Adjudication of Vehicular Code Violations of the City Code of the City of Sycamore, Illinois. First and Second Reading. City Manager explained that the adjudication process fills the gap between the current options and is aimed at resolving ordinance violations in an expedited, less costly method. Chief Theriault said this would be for low level violations that do not rise to criminal action. Alderperson Springer asked about the type of minor violations. Chief Theriault explained that the State dictates no moving violations. He said the juvenile offenses such as underage drinking and property code violations. Alderperson Springer asked if the revenue generated from those fines and penalties would pay for a hearing officer. Chief Theriault said the City will contract with a hearing officer and some of the work will be done by the Police Department staff. Alderperson Paulsen moved to hear Ordinance 2015.53 on first and second reading and Alderperson Lang 8
Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. Alderperson Paulsen moved to approve Ordinance 2015.53 and Alderperson Lang Paulsen, Springer, and Tripp voted aye. carried 7-0. N. Ordinance No. 2015.54 An Ordinance Amending Title 1, Administration to Add a New Chapter 4, Administrative Adjudication of Non-Vehicular Code Violations of the City Code of the City of Sycamore, Illinois. First and Second Reading. City Manager Gregory explained that this is a companion amendment to the code to address adjudication that does not involve vehicles. Chief Theriault explained that non-vehicular violations could be soliciting without a permit, leaving dirt in the roadway, or property code violations. Alderperson Lang moved to hear Ordinance 2015.54 on first and second reading and Alderperson Kramer Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. Alderperson Lang moved to approve Ordinance 2015.54 and Alderperson Kramer Paulsen, Springer, and Tripp voted aye. carried 7-0. RESOLUTIONS A. Resolution No. 666 A Resolution Approving an Extension to an Agreement Between the City of Sycamore and KMB Computing, Inc. for Information Technology Services During the Period May 1, 2016 Through April 30, 2017. City Manager Gregory explained that this resolution replaces Resolution 659 because there was an incorrect dollar amount on the other resolution. Alderperson Tripp moved to approve Resolution 666 and Alderperson Kramer Paulsen, Springer, and Tripp voted aye. carried 7-0. CONSIDERATIONS 9
A. Consideration of a Building and Engineering Department Recommendation to Award the Contract for the 2016 Annual Street Maintenance Program. City Manager Gregory explained that only one bid was received by Curran Contracting for $1,236,732.69. He said that since this exceeds the Engineer s estimate of $1,089,032.45. He suggested there were three options: award the bid as presented and use the fund balance, remove Lucas Street from the project for a savings of about $266,000, or reject the bid. City Engineer Bushnell explained that 11 people picked up plans and of those 5 were generals and six were subs. He said he was surprised there were not more bids. Alderperson Bauer suggested cutting parking lot #2 again this year and asked the cost of that portion of the project. Mr. Bushnell said that would save about $85,000. Alderperson Springer said they cut parking lot #2 last year and dipped into reserves and she was concerned about dipping into the reserves again this year. Mr. Gregory explained that the reserves have been built back and he anticipated $250,000 on reserves this year. Alderperson Tripp said she would like to see what each street costs and would like to withdraw a street and move forward. Alderperson Lang said he would like to see a list of priorities. Mr. Gregory said he anticipated saving dollars in FY17 and could do this whole project. Alderperson Kramer said if it meant pulling a street off, then pull it off because he wanted to see the streets taken care of. Alderperson Braser said if moving forward with the whole project was fiscally responsible, then he wanted to move forward. Alderperson Paulsen said to do it. Alderperson Paulsen moved to award the bid to Curran Contracting for $1,236,732.69 and Alderperson Tripp Paulsen, Springer, and Tripp voted aye. carried 7-0. B. Consideration of a Recommendation from the Building & Engineering Department Regarding the Award of the Bid for the MFT Portion of the 2016 Street Maintenance Program. 10
City Manager Gregory said that four bids were received and recommended the bid go to low bidder Curran Contracting for $256,888.39 which was below the Engineer s estimate of $318,467.85. Alderperson Tripp moved to award the bid to Curran Contracting for $256,888.39 and Alderperson Kramer Paulsen, Springer, and Tripp voted aye. carried 7-0. C. Consideration of the FY16-17 Downtown Façade Improvement Program. City Manager Gregory explained that each year the provisions are outlined for the Downtown Façade Program. He said that this year the applicant will be required to sign off that they have reviewed the requirements and agree to comply with the provisions. Alderperson Kramer moved to approve the FY16-17 Downtown Façade Improvement Program and Alderperson Springer Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. D. Consideration of an Administration Request for a Closed Session to Discuss Personnel Matters. Alderperson Kramer moved to move into Closed Session at 8:35 p.m. and Alderperson Tripp seconded the motion. Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. Alderperson Braser moved to return to Open Session at 8:48 p.m. and Alderperson Tripp Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. OTHER NEW BUSINESS ADJOURNMENT Alderperson Paulsen moved to adjourn the meeting at 8:48 p.m. and Alderperson Kramer Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. carried 7-0. Approve: 11
Mayor Ken Mundy Attest: City Clerk - Candy Smith 12