SYCAMORE CITY COUNCIL – REGULAR MEETING MINUTES OF APRIL 20, 2015 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, Gregory Taylor, and Janice Tripp. Alderperson Chuck Stowe was absent. INVOCATION Deacon Chuck Ridulph of St. John Lutheran Church gave the invocation. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Motion Alderperson Kramer moved to approve the agenda with the changes and Alderperson Taylor seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. AUDIENCE TO VISITORS CONSENT AGENDA A. Approval of the Minutes for the Regular City Council Meeting of April 6, 2015. B. Approval of the Closed Session Minutes for the Meetings of October 6, 2014, November 17, 2014, December 1, 2014, January 20, 2015, February 16, 2015, and March 2, 2015. C. Release of Closed Session Minutes for the Meeting of October 6, 2014 and November 17, 2014. D. Approval to Destroy the Auditory Tapes from the Closed Session City Council Meetings During the Period from June 17, 2013 through October 7, 2013. E. Plan Commission Minutes from the Meeting of March 9, 2015. F. Payment of the Bills for April 20, 2015 in the amount of $236,278.63. Motion Alderperson Bauer moved to approve the Consent Agenda and Alderperson Braser seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. PRESENTATION OF PETITIONS, COMMUNICATIONS, AND BILLS. A. A Proclamation Declaring April 24, 2015 as Arbor Day in the City of Sycamore. B. Recognition of Greg Taylor for his Service as Alderman from 2007-2015. C. Introduction of City Engineer Mark Bushnell. D. Recognition of the 2014-15 Fall and Winter Sycamore High School Athletics. 1 Mayor Mundy announced that it is the 100th Anniversary for Kiwanis International. He thanked those who put their name on the ballot to run for Aldermen. He also congratulated the Sycamore Park District, Sycamore South Prairie School, and DeKalb Park District for their cooperative effort to provide community center space. APPOINTMENTS Mayor Mundy made the following appointments: Person Fire & Police Commission Firefighter Pension Board Human Relations Commission Police Pension Board Economic Development Commission Theresa Jacobson Chief Pete Polarek Mary Bauer Rev Steve Persson Fr Paul Lipinski Bob Keil Karen Pletsch Larry Forsberg Rod Schairer Ald Pete Paulsen Term R R R R N R R R R R 2018 2018 2019 2019 2019 2017 2016 2018 2018 2017 Motion Alderperson Lang moved to approve the appointments and Alderperson Kramer seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. Public Library Board Planning Commission Architectural Review Committee Paul Crawford Melissa KendzoraSmith Penny Carter Marvin Barnes Ron Bemis Ken George Dave Finney John Lewis (Chair) Ald Rick Kramer R 2018 R N R R R R R N 2018 2018 2017 2017 2017 2017 2017 open Motion Alderperson Tripp moved to approve the appointments and Alderperson Taylor seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. REPORT OF OFFICERS 2 City Manager– Brian Gregory noted that at the next meeting the alderpersons that were on the ballot in April will be sworn in. Police Chief – Glenn Theriault said he was proud of the Police, Fire, and Public Works for their help as first response and then recovery effort for the Fairdale tornado. He invited everybody to throw a pie at him for a donation of $5 at the Child Advocacy Center walk at the High School Saturday, April 25, 2015. Fire Chief – Pete Polarek said the Fairdale response was a team effort and reported the heavy rescue vehicle has been painted and he will bring it for display before a Council meeting once they get the wheels painted. Director of Public Works– Fred Busse reported that Public Works had three trucks at Fairdale on Friday and two trucks there today carrying debris to the land fill. He said they will be planting a tree at North School Friday morning at 10:00. Treasurer/Asst. to the City Manager – Adam Orton distributed March’s Treasurer’s Report with a benchmark of 92% and weighted expenditures are at 94.7% and expenditures are at 91%. He said the Fire Pension saw a slight increase and the Police Pension saw a slight decrease and the reason was because the Fire Pension is under active management with a different allocation model, but the Police Pension will start active management on May1, 2015. Building & Engineering Director - John Sauter reported they performed a final inspection on the Luxe Salon at 352 W. State and they are open for business. He said they will have the front façade completed within two weeks. City Engineer - Mark Bushnell reported his main focus this week is to complete the field work for Krpan’s Parkside Estates Unit 4 for road paving. Engineer – John Brady, Sycamore Municipal Engineering, said he is finishing up the bid documents for the project on Park Avenue watermain storm sewer project for the bid later in May. REPORT OF STANDING COMMITTEES Finance – no report Public Safety – Chairperson Pete Paulsen said that tomorrow morning he would participating in the interview process for the Police Department. Public Works – no report Mayor Mundy took a moment to thank the over 100 volunteers that participate on the City’s Boards and Commissions. PUBLIC HEARING ORDINANCES 3 A. Ordinance No. 2014.39—An Ordinance Concerning the Adoption of the Combined Budget and Appropriation Ordinance for the Fiscal Year 2015-16 in the City of Sycamore, Illinois. Second Reading. City Manager Gregory explained that this is a budget of $56.7 million with a $14.6 million General Fund. He said most importantly it is a balanced budget. Motion Alderperson Bauer moved to approve Ordinance 2014.39 and Alderperson Paulsen seconded the motion. Alderperson Bauer said he appreciated all the work that went into creating this budget and said it is a plan and we will try to work within in it and if a change is necessary Council will review it. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor, Tripp, and Mayor Mundy voted aye. Motion passed 8 - 0. B. Ordinance No. 2014.40—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 said this ordinance outlines the positions that are authorized in the budget. Motion Alderperson Taylor moved to approve Ordinance 2014.40 and Alderperson Tripp seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. C. Ordinance No. 2014.41—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, 2015 and Ending on the Thirtieth Day of April, 2016. Second Reading. City Manager Gregory said this is commonly known as the salary ordinance because it sets the compensation for employees not covered by collective bargaining. Motion Alderperson Kramer moved to approve Ordinance 2014.41 and Alderperson Taylor seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. D. Ordinance No. 2014.42—An Ordinance Amending Title 8, “Water and Sewer,” Chapter 5, “Water and Sewer Rates,” Section 8-5-1, “Water Rates,” of the City Code of the City of Sycamore, Illinois. Second Reading. 4 City Manager Gregory explained that this ordinance adjusts the tiered water rate structure from 7 tiers to 2 tiers beginning in FY19 and continuing through FY28. Motion Alderperson Tripp moved to approve Ordinance 2014.42 and Alderperson Kramer seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. E. Ordinance No. 2014.43—An Ordinance Amending the Fiscal Year 2014-2015 Budget in the City of Sycamore, Illinois. First and Second Reading. City Manager walked through the changes to the FY15 budget as listed in the agenda: Original 01-000-3415 01-000-9023 01-513-8177 01-513-8474 01-712-8101 03-000-3246 03-000-3711 03-000-8626 03-000-8632 06-000-3412 06-000-3711 06-000-3720 06-000-3726 06-000-8521 06-000-8540 06-000-8639 10-000-8295 10-000-8373 13-000-8418 15-000-8190 15-000-8342 16-000-8342 22-000-8349 22-000-8628 23-000-3741 23-000-8185 26-000-8342 27-000-8342 29-000-8342 75,000 155,000 96,615 1,818,500 1,654,078 50,000 0 340,000 50,000 0 0 500 2,500 0 33,000 32,000 7,500 0 25,000 509,985 14,000 16,000 25,000 25,000 155,000 75,000 175 350 450 Amended 137,000 215,000 97,365 1,827,750 1,706,078 98,500 17,622 420,000 25,000 30,000 15,598 45,000 5,670 44,500 59,000 50,698 2,500 19,000 35,000 556,000 22,000 45,000 30,000 20,000 215,000 142,500 225 450 803 Notes School contribution for Middle School SRO Transfer to offset increase in 23-000-8185 Corresponding expenditure for SRO Corresponding expenditure for SRO Corresponding expenditure for SRO Reflect actual revenues Credit for installation of Variable Drive at Well #10 Actual Final Cost Well House #10 Offsetting reduction in expenditures EMS Assistance ($4,000) and Fire Marshal ($26,000) grants. 50% match for residents purchasing trees Reflect Brush Truck Grant Revenue Reflect actual revenues Corresponding Expenditure for Brush Truck Expenditure associated with Fire Marshal Grant Tree Grants and Asset Forfeiture expenditures Fire 2% bring to actual Fire 2% bring to actual Reflects actual grants awarded Refund of contributions Actual Financial Fees Actual Financial Fees Reflect actual legal costs Offset increase in 22-000-8349 Accrued leave and workers comp min/max payments Reflect actual accrued time payouts several retirements Reflect actual financial service fee increase Reflect actual financial service fee increase Reflect actual financial service fee increase 5 Motion Alderperson Bauer moved to hear Ordinance 2014.43 on first and second reading and Alderperson Tripp seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. Motion Alderperson Bauer moved to approve Ordinance 2014.43 and Alderperson Kramer seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. F. Ordinance No. 2014.44—An Ordinance Approving a Request by IDEAL Industries, Inc. for a Change of Zoning of a Portion of Parcel Number 09-05-351-017 Located in the City of Sycamore from the Current Zoning of M-1, Light Manufacturing District to M-2, Heavy Manufacturing District. First and Second Reading. City Manager Gregory noted that this and the next three items all had public hearings at the April 13, 2015 Plan Commission meeting. He said that Steve Challgren representing Ideal was in the audience. He explained that Ideal is building a 200,000+ square foot building in Sycamore Prairie Business Park on a 33acre lot that carries M-2 and M-1 zoning. He said in an effort to prevent the building from bisecting the two zoning classifications, Ideal has requested the eastern 95 feet of the building footprint be rezoned from M-1 to M-2 zoning. Alderperson Taylor asked about a neighboring property that had a shed and fence that looked like it was encroaching. Building & Engineering Director Sauter said that had no bearing on the zoning issue. Motion Alderperson Taylor moved to hear Ordinance 2014.44 on first and second reading and Alderperson Kramer seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. Motion Alderperson Taylor moved to approve Ordinance 2014.44 and Alderperson Kramer seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. G. Ordinance No. 2014.45—An Ordinance Approving Requests by Ken Nelson, on Behalf of Meadow Ridge, LLC and MB Financial Bank, for a Zoning Map Amendment Relating to Parcel Numbers 09-08-100-010 and 09-08-100-011, Located in Somerset Farm P.U.D., a Planned Unit Development, in the City of Sycamore from the Current Zoning of C-4, Mixed Use District to R-3, Multi-Family Residence District in Accordance with Article 4.8 of the Unified Development 6 Ordinance of the City of Sycamore and a request to amend the Final Development Plan (and Plat) for Somerset Farm P.U.D. First and Second Reading. City Manager Gregory explained that in 2013 Meadow Ridge LLC purchased the remaining lots in the Somerset Farms subidivision and now they are interested in purchasing the outlots that were originally zoned C-4 to develop five additional four-unit residential buildings. Alderperson Tripp asked Ken Nelson of Meadow Ridge LLC if he was planning any signage. Ken Nelson, 23737 County Line Road, Maple Park, said that nothing was finalized with the homeowners association, but he was considering something that let people know they were entering Somerset Farms. Alderperson Braser asked if the retention pond was for commercial purposes and asked what the occupancy rate was. Building & Engineering Director Sauter said it was put in for the commercial property. Brian Grainger, 3697 Eagle Ct., DeKalb, said the existing homes are completely occupied. He said they are building 16 more this year with four closed, eight spoken for, and 4 to sell, leaving 12 remaining in the first phase. He said this proposal allows for 20 additional properties. Alderperson Braser said if they could put a building on the retention pond the City could realize more property tax. Mr. Sauter said the retention is required. Motion Alderperson Taylor moved to hear Ordinance 2014.45 on first and second reading and Alderperson Tripp seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. Motion Alderperson Taylor moved to approve Ordinance 2014.45 and Alderperson Kramer seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. Ordinance No. 2014.46— An Ordinance Denying a Request from Healthway Services for a Special Use Permit to Operate a Medical Cannabis Dispensary at the Property Located at 2814 DeKalb Avenue in Sycamore, Illinois, PIN NUMBER 08-12-402-009. First and Second Reading. City Manager Gregory explained this came to Council from Plan Commission with a negative recommendation and two ordinances have been prepared to make the motion clear. He said some of the concerns were number of parking spaces, pedestrian movement, and neighboring businesses. He said that tonight the issue before them was does this meet the City’s special use criteria as follows: 7 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. Motion Alderperson Bauer moved to hear Ordinance 2014.46 on first and second reading and Alderperson Taylor seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. Motion Alderperson Bauer moved to approve Ordinance 2014.46 and Alderperson Taylor seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Kramer, Lang, Paulsen, and Tripp voted aye and Braser and Taylor voted nay. Motion passed 5 - 2. H. Ordinance No. 2014.47—An Ordinance Approving a Request from The Dispensary, LLC for a Special Use Permit to Operate a Medical Cannabis Dispensary at the Property Located at 1985 Gateway Drive in Sycamore, Illinois, PIN number 09-07-100-010. First and Second Reading. City Manager Gregory explained that this request for a medical cannabis dispensary will be located at 1985 Gateway Drive. He said the petitioner plans to build a 2,000 square foot building. He said the same criteria applies: 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. Alderperson Braser said he thought a structure had to be in place in order to consider it. 8 Luke DeBatty, 1 S. Dearborn, Chicago, said he was here representing The Dispensary, LLC said the State has no regulation regarding an existing building on the site. Alderperson Lang asked if they did any monitoring of the patients. Mr. DeBatty said that would be the doctor’s responsibility. He said the dispensaries are limited to the amount they can sell to patients which is 2.5 ounces per a 14-day period. Mayor Mundy asked what type of payment they would receive, the number of employees they would hire, and the hours of the business. Mr. DeBatty said they were talking with banks that are willing to work with them with debit and credit cards and electronic deposits so it won’t be truly a cash business. He said that two employees are required to be on duty at all times and he anticipated they would employ 8 to 10 eventually. He said by law they can only be open between 8:00 a.m. and 8:00 p.m., but they plan to be open 10:00 to 7:00 seven days a week. Motion Alderperson Braser moved to hear Ordinance 2014.47 on first and second reading and Alderperson Taylor seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. Motion Alderperson Braser moved to approve Ordinance 2014.47 and Alderperson Kramer seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. I. Ordinance No. 2014.48—An Ordinance Amending Title 5, “Police Regulations,” Chapter 4, “Miscellaneous Offenses,” to Add a New Section 18 Thereto Entitled, “Bullying,” in the City of Sycamore, Illinois. First and Second Reading. Chief Theriault said this was recommended from the School Resource Officer to address bulling in the schools. He said this will allow officers an opportunity to take enforcement action while not creating a criminal record for the offender. Motion Alderperson Taylor moved to hear Ordinance 2014.48 on first and second reading and Alderperson Paulsen seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. Motion Alderperson Paulsen moved to approve Ordinance 2014.48 and Alderperson Kramer seconded the motion. 9 Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. K. Ordinance No. 2014.49—An Ordinance Amending Title 6, “Motor Vehicles and Traffic,” Chapter 4, “Traffic Schedules,” Section 6-4-1 “Stop Intersections,” in the City of Sycamore, Illinois. First and Second Reading. City Manager Gregory explained that Klein Road has been extended as part of the construction of the new Hauser Ross facility and the City Engineer recommended the code be modified to add a stop sign at the intersection. Motion Alderperson Tripp moved to hear Ordinance 2014.49 on first and second reading and Alderperson Kramer seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. Motion Alderperson Tripp moved to approve Ordinance 2014.49 and Alderperson Kramer seconded the motion. Roll call vote Mayor Mundy called for a roll call vote to approve the motion. Alderpersons Bauer, Braser, Kramer, Lang, Paulsen, Taylor and Tripp voted aye. Motion passed 7 - 0. RESOLUTIONS A. Resolution No. 628—A Resolution Authorizing the Mayor to Execute an Agreement Between the City of Sycamore and the Sycamore Community Fire District for Fire Protection Service. City Manager Gregory explained this renews the agreement that was established in 2004 and listed the noteworthy provisions as included in the agenda as: • • • • A five-year term beginning on May 1, 2015 and extending to April 30, 2020; the provisions of the agreement continue unless the agreement is renegotiated or terminated in writing. The first year fee remains $126,148 and will be adjusted annually using the Illinois Department of Revenue Consumer Price Index Extension Limitation or 5% whichever is less. The fee will be adjusted if property within the district is annexed into city limits. The City does not charge for water furnished to provide fire protection services. Motion Alderperson Taylor moved to approve Resolution No. 628 and Alderperson Kramer seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. 10 B. Resolution No. 629—A Resolution Authorizing the Mayor to Execute an Agreement Between the City of Sycamore and the Sycamore Community Fire District for Ambulance and Emergency Medical Service. City Manager Gregory said this is similar to the previous resolution for ambulance and emergency medical service in the Fire District. He listed the noteworthy terms as: • • • • A five-year term beginning on May 1, 2015 and extending to April 30, 2020; the provisions of the agreement continue unless the agreement is renegotiated or terminated in writing. The first year fee remains $144,309 and will be adjusted annually using the Illinois Department of Revenue Consumer Price Index Extension Limitation or 5% whichever is less. The fee will be adjusted if property within the district is annexed into city limits. In consideration of the compensation provided by the district the ambulance fee rate will be set at the same rate as residents of Sycamore. Motion Alderperson Kramer moved to approve Resolution 629 and Alderperson Paulsen seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. CONSIDERATIONS A. A Presentation of the Redesigned City Website. City Manager Gregory and Darby Dwyer of Morning Star Media presented the redesigned website. B. Approval of a Purchase of Structural Firefighting Clothing through the State Fire Marshal Small Equipment Grant Program City Manager Gregory explained that the Fire Department was awarded a small equipment grant for $26,000 for 13 sets of firefighting gear. He said quotes were solicited and the lower of the two quotes received came in from Municipal Emergency Services, Inc. in the amount of $26,881.71. Motion Alderperson Bauer moved to approve the purchase of structural firefighting clothing from Municipal Emergency Services, Inc. in the amount of $26,881.71 and Alderperson Paulsen seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 7 - 0. OTHER NEW BUSINESS ADJOURNMENT Motion 11 Alderperson Stowe moved to adjourn the meeting at 8:53 p.m. and Alderperson Paulsen seconded the motion. Voice vote Mayor Mundy called for a voice vote to approve the motion. All Alderpersons voted aye. Motion carried 8 - 0. Approve: Mayor – Ken Mundy Attest: City Clerk – Candy Smith 12
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