City of Rochelle City Council met Aug. 23.
Here are the minutes provided by the council:
I. CALL TO ORDER:
1. Pledge to the Flag led by Mayor Bearrows
2. Prayer said by Pastor Joy Alsop
II. ROLL CALL: PRESENT Councilor T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows
III. PROCLAMATIONS, COMMENDATIONS, ETC: None
IV. REPORTS AND COMMUNICATIONS:
1. Mayor's Report - Mayor Bearrows welcomed Starbucks to the community. A ribbon cutting was held at Rochelle Performing Arts. The Lincoln Highway Heritage Festival held a great, one-day event. Congratulations to John Gruben on being elected to the position of Commander of the local American Legion.
2. Council Members - None
3. Employee Introduction and Swearing In – Firefighter Zech VanVickle
V. PUBLIC COMMENTARY: None
VI. BUSINESS ITEMS:
1. CONSENT AGENDA ITEMS BY OMNIUS VOTE with Recommendations:
1) Approve Minutes of City Council Meeting - 08/09/21
2) Accept and Place on File Minutes of Airport Advisory Board - 4/19/21
3) Approve Exceptions - 08/03/21-08/09/21, 08/10/21-08/16/21
4) Approve Payroll - 07/26/21-08/08/21
5) Accept and Place on File Financial Statement - July 2021
Motion made by Councilor D. McDermott, Seconded by Councilor Gruben, “I move consent agenda items (1) through (5) be approved by Omnibus vote as recommended.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None Motion passed 7-0.
2. Consideration and action on an ordinance authorizing and providing for the issuance of not to exceed $18,000,000 General Obligation Bonds (Electric System Alternate Revenue Source) for the purpose of paying the costs of improving the City’s electric system, prescribing the details of said bonds and providing for collection, segregation and application of electric system revenues to the payment of said bonds and the levy of taxes to pay said bonds if such revenues are insufficient for such payment and providing for the sale of said bonds to the purchaser thereof. On July 12th, Council approved the authorizing ordinance and on July 26th a public hearing was held for issuance of the $18,00,000 to finance infrastructure improvements in the City’s electric system. The parameters ordinance stipulates a maximum maturity date of 2042, maximum bond issue amount of $18,000,000, maximum annual interest rate of 6%, and issue date of no later than February 23, 2022. Once passed, the bonds can be issued as long as all of the parameters have been met. Motion made by Councilor T. McDermott, Seconded by Councilor Shaw-Dickey, “I move Ordinance 21-5273, an ordinance authorizing and providing for the issuance of not to exceed $18,000,000 General Obligation Bonds (Electric System Alternate Revenue Source) for the purpose of paying the costs of improving the City’s electric system, prescribing the details of said bonds and providing for collection, segregation and application of electric system revenues to the payment of said bonds and the levy of taxes to pay said bonds if such revenues are insufficient for such payment and providing for the sale of said bonds to the purchaser thereof, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7- 0.
3. Ordinance Approving an Annexation Agreement between Greater Rochelle Economic Development Corporation (GREDCO) and the City of Rochelle (Public Hearing and Action). Motion made by Councilor Shaw-Dickey, Seconded by Councilor D. McDermott, “I move Council recess into Public Hearing for an Annexation Agreement between Greater Rochelle Economic Development Corporation (GREDCO) and the City of Rochelle.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed. 7-0. GREDCO is proposing a plat of annexation to enter into an annexation agreement for 10 acres with the City of Rochelle for parcel number 25- 32-400-022 (located north of 1951 Steward Rd.) to assist economic development by extending the transloading yard. City staff have reviewed the preliminary and final plat of subdivision for conformance with the comprehensive plan, the provisions hereof, and all other applicable ordinances of the Rochelle Municipal Code (RMC). Pursuant to 65 ILCS 5/11-12-8, the Planning and Zoning Commission shall deny or recommend approval of the preliminary and final plat of subdivision within 60 days of the acceptance of the annexation agreement. GREDCO would like to annex the property into the City of Rochelle with I-3, Heavy Industry Zoning. The parcel is currently zoned agriculture. The Planning and Zoning Commission can recommend to the City Council an amendment to expand or alter the official zoning map after review of the petition of the owner with a public hearing. The petitioner is requesting a variance from *Sec. 110-415, “Surfacing of Parking Areas”, by requesting to postpone the installment of hard surface and have up to three years to complete the installation. At the August 2, 2021 the Planning and Zoning Commission voted 4 to approve and 1to abstain the proposed plat of annexation, preliminary & final plats, map amendment and variance of code. Motion made by Councilor Shaw-Dickey, Seconded by Councilor D. McDermott, “I move the council return to open session.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0. Motion made by Councilor Shaw-Dickey, Seconded by Councilor D. McDermott, “I move Ordinance 21-5274, an Ordinance Approving an Annexation Agreement between Greater Rochelle Economic Development Corporation (GREDCO) and the City of Rochelle, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
4. Ordinance Approving the Preliminary and Final Plat of Subdivision for a Property with Property Identification Number 25-32-400-022, Ordinance Approving and Accepting a Final Plat of Annexation of GREDCO, Ordinance Annexing and Zoning the Property, and Ordinance Granting a Variation. GREDCO is proposing a plat of annexation to enter into an annexation agreement for 10 acres with the City of Rochelle for parcel number 25-32-400-022 (located north of 1951 Steward Rd.) to assist economic development by extending the transloading yard. City staff have reviewed the preliminary and final plat of subdivision for conformance with the comprehensive plan, the provisions hereof, and all other applicable ordinances of the Rochelle Municipal Code (RMC). Pursuant to 65 ILCS 5/11-12-8, the Planning and Zoning Commission shall deny or recommend approval of the preliminary and final plat of subdivision within 60 days of the acceptance of the annexation agreement. GREDCO would like to annex the property into the City of Rochelle with I-3, Heavy Industry Zoning. The parcel is currently zoned agriculture. The Planning and Zoning Commission can recommend to the City Council an amendment to expand or alter the official zoning map after review of the petition of the owner with a public hearing. The petitioner is requesting a variance from *Sec. 110-415, “Surfacing of Parking Areas”, by requesting to postpone the installment of hard surface and have up to three years to complete the installation. At the August 2, 2021 the Planning and Zoning Commission voted 4 to approve and 1to abstain the proposed plat of annexation, preliminary & final plats, map amendment and variance of code. Community Development Director Michelle Pease available to answer questions. Motion made by Councilor T. McDermott, Seconded by Councilor Arteaga, “I move Ordinance 21-5275, and Ordinance Approving the Preliminary and Final Plat of Subdivision for a Property with Property Identification Number 25-32-400-022, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0. Motion made by Councilor D. McDermott, Seconded by Councilor Hayes. “I move Ordinance 21-5276, an Ordinance Approving and Accepting a Final Plat of Annexation of GREDCO, an Illinois not for profit corporation, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0. Motion made by Councilor D. McDermott, Seconded by Councilor Shaw-Dickey, “I move Ordinance 21-5277, an Ordinance Annexing and Zoning the Property Located to the North of Coated Sand Solutions in Rochelle, with Property Identification number 25-32-400-022, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0. Motion made by Councilor D. McDermott, Seconded by Councilor Hayes, “I move Ordinance 21-5278, an Ordinance Granting a Variation related to the Property Located to the North of Coated Sand Solutions in Rochelle, with Property Identification number 25-32-400-022, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
5. Ordinance Approving and Accepting a Final Plat of Annexation of the City of Rochelle (Public Hearing and Action) and Ordinance Annexing and Zoning the Property Located East of Steward Road and South of Ritchie Road Consisting of Approximately 47.44 Acres in Total with Parcel Identification Numbers 25-32-400-019, 25-33-300-017, 25-33-300-022, and 06-04-100-005. Motion made by Councilor Arteaga, Seconded by Councilor T. McDermott, “I move Council recess into Public Hearing for a Final Plat of Annexation of the City of Rochelle.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0. The City of Rochelle is proposing a plat of annexation for four lots to be annexed into the City of Rochelle to open adjacent land to rail access. The subject properties are currently outside the city limits, are approximately 47.44 acres in total and are located east of Steward Road and South of Ritchie Road. (PIN # 25-32-400-019, 25-33-300-017, 25-33-300-022 and 06-04-100-005) (Properties located east of Steward Road and South of Ritchie Road) The City of Rochelle would like to annex the property into the City limits with I-3, Heavy Industry Zoning. The current land use is agricultural. The Planning and Zoning Commission can recommend to the City Council an amendment to expand or alter the official zoning map after review of the petition of the owner with a public hearing. At the August 2, 2021 the Planning and Zoning Commission voted 5 to 0 to approve the proposed Plat of Annexation, Zoning Map Amendment and Rezoning from Agricultural to I-3, Heavy Industrial. Community Development Director Michelle Pease available to answer questions. Motion made by Councilor T. McDermott, Seconded by Councilor Shaw-Dickey, “I move the Council return to open session.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0. Motion made by Councilor Hayes, Seconded by Councilor T. McDermott, “I move Ordinance 21-5279, an Ordinance Approving and Accepting a Final Plat of Annexation of the City of Rochelle, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0. Motion made by Councilor Gruben, Seconded by Councilor Shaw-Dickey, “I move Ordinance 21-5280, an Ordinance Annexing and Zoning the Property Located East of Steward Road and South of Ritchie Road Consisting of Approximately 47.44 Acres in Total with Parcel Identification Numbers 25-32-400-019, 25-33-300-017, 25-33-300-022, and 06-04-100-005, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
6. Ordinance Approving a Second Amended Easement Agreement with MECEN, LLC, an Illinois Limited Liability Company. MECEN, LLC (Artist Garden), is requesting a 2nd amendment to the easement agreement to install a deck located in Page Park (City Owned Property) to the South of their building located at 407 Lincoln Highway. This 2nd amendment to the agreement will remove the ramp. No other changes are proposed to the agreement. The deck area will not impede the pedestrian traffic through Page Park. This easement agreement is for a period of thirty (30) years with an option for two ten (10) year extensions. MECEN, LLC will construct and maintain the deck and stairway in accordance with all applicable City Building and Fire Codes. Community Development Director Michelle Pease and Teresa Petry representing MECEN, LLC were available to answer questions. Motion made by Councilor Hayes, Seconded by Councilor T. McDermott, “I move Ordinance 21-5281, an Ordinance Approving a Second Amended Easement Agreement with MECAN, LLC, an Illinois Limited Liability Company, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
7. Ordinance Amending Chapter 110 of the Rochelle Municipal Code Pertaining to Building Permits. Staff is requesting to amend Chapter 110 of the Rochelle Municipal Code to require work to be performed within three (3) months (currently it is 6 months) after issuance of a building permit and to clarify that code violations continue until the violation is abated, regardless of whether a building permit is issued. City Manager Jeff Fiegenschuh, City Attorney Dominick Lanzito and Community Development Director available to answer questions. Motion made by Councilor Arteaga, Seconded by Councilor D. McDermott, “I move Ordinance 1-5282, and Ordinance Amending Chapter 110 of the Rochelle Municipal Code Pertaining to Building Permits, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
8. Resolution Authorizing the City Manager to Sign Loan Documents for a Loan Agreement between the City of Rochelle and the Illinois Environmental Protection Agency for the Water Reclamation Plant Phase 2 Improvements. On February 8th, 2021, the City passed an authorizing ordinance to borrow money from the IEPA for improvements to the water reclamation plant phase 2 under the Water Pollution Control Revolving Fund Loan program. A resolution is needed to approve that City Manager Fiegenschuh has the authority to sign IEPA loan documents to borrow funds in the aggregate principal amount of $9,000,000 to provide funds to pay the cost of the project and whereas the loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions, between the City and the Illinois Environmental Protection Agency. City Manager Jeff Fiegenschuh available to answer questions. Motion made by Councilor D. McDermott, Seconded by Councilor Hayes, “I move Resolution R21-38, a Resolution Authorizing the City Manager to Sign Loan Documents for a Loan Agreement between the City of Rochelle and the Illinois Environmental Protection Agency for the Water Reclamation Plant Phase 2 Improvements, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
9. Self-Contained Breathing Apparatus Unit Replacement. The Fire Department is requesting the purchase of 26 self-contained breathing apparatus (SCBA) units to replace the current units which have reached their useable life span of 15 years. This purchase proposal will replace the 24 existing SCBA units, add 2 SCBA units to accommodate the increase in seated apparatus positions, provide an issued SCBA facepiece for each fulltime firefighter (12 total), and provide ancillary equipment and modifications. The Rochelle Fire Department was the recipient of an FY2019 FEMA Assistance to Firefighters Grant (AFG) award. The project proposal met FEMA’s high priority criteria for funding as current SCBA units are greater than 2 NFPA cycles and over 10 years of age from date of manufacture. The AFG Program funds up to 95% of a proposed project, with the remaining 5% provided by the recipient organization. The estimated SCBA project cost during the Spring 2020 application period was $175,000. Awarded FEMA apportionment for this project is $166,666.67, or 95%. The Fire Department’s recipient share of 5% amounting to $8,333.33 was approved in Fund 830 of the FY2021 Budget. A Request for Bids notice was issued on June 10, 2021, with a proposal deadline of July 12, 2021. The Fire Department received one bid proposal from Air One Equipment, Inc in the amount of $182,400. A 3% manufacturer price increase from 2020 to 2021 is the primary factor in the cost over budget. The Fire Department Foreign Fire Insurance Board has agreed to cover the additional $7,400 to fulfill the purchase. Fire Chief Sawlsville available to answer questions. Motion made by Councilor T. McDermott, Seconded by Councilor Arteaga, “I move the Council accept the bid proposal from Air One Equipment, Inc. for the purchase of 26 replacement Self-Contained Breathing Apparatus units and ancillary equipment at a cost of $182,400.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
10. Ordinance Authorizing the Disposal of Surplus Equipment that has Reached a Useful Lifespan. In January of this year the Fire Department took delivery of a new Rescue Engine. In October of 2020 we listed the old fire engine, Engine 8, a 1995 Alexis, with a used fire apparatus dealer to help facilitate the sale of the old apparatus for $20,000 which produced no offers. This week a prospective buyer has contacted us and offered the full asking price of $20,000. Fire Chief Sawlsville available to answer questions. It was noted that if the equipment is sold, the funds will go into the ambulance fund. Motion made by Councilor T. McDermott, Seconded by Councilor D. McDermott, “I move Ordinance 21-5283, an Ordinance Authorizing the Disposal of Surplus Equipment that has Reached a Useful Lifespan, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
11. Resolution of the City of Rochelle Authorizing the City Manager to Execute Documents Related to the American Rescue Plan Act. The City of Rochelle is set to receive approximately $1,230,566 in two installments from the Federal Government through the American Rescue Plan Act. Among the multitude of projects, of which the funds may be spent, staff is recommending the City target four specific areas named in the act. These include Water, Sewer, Broadband and replacement of lost revenues. In accordance with this we are asking the City Council to approve the funds be spent on the following projects:
1) Rehabilitation and Painting of the overpass water tower-$940,000
2) Investments in updating fiber infrastructure-$225,000
3) Updates to Railfan Park-$60,000
The funds will be allocated over a two-year period, with the first installment being received within the next week. The second installment will be received in FY 2022. All funds need to be spent by the end of 2024. City Manager Jeff Fiegenschuh available to answer questions. It was noted that the City has applied for a grant through the State of Illinois for the water tower so we will hold on this project until we know if we will receive the grant. Motion made by Councilor Shaw-Dickey, Seconded by Councilor Hayes, “I move Resolution R21- 39, a Resolution of the City of Rochelle Authorizing the City Manager to Execute Documents Related to the American Rescue Plan Act, be approved.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
12. Ordinance Amending Chapter 98 of the Rochelle Municipal Code Pertaining to Limitations of Service. The current City of Rochelle code states that RMU shall not discontinue services to residential locations on any day when the National Weather Service forecast for the following 24 hours covering RMU’s service area, in which the residence is located, includes a forecast that temperatures will be 32 degrees Fahrenheit or below. The current language is silent on higher temperatures, however. The City Manager feels this places staff in a difficult position since current code allows for residential properties to be disconnected for nonpayment when the temperature can be dangerously high. I am recommending the council approve the following language be added to Chapter 98 of the City of Rochelle Municipal Code:
Or 92 degrees Fahrenheit or higher.
This will add language that protects our customers from disconnection during warmer weather and protects our staff from being placed in situations where non equitable and subjective decisions could be made between different customers. City Manager Jeff Fiegenschuh available to answer questions. Motion made by Councilor D. McDermott, Seconded by Councilor T. McDermott, “I move Ordinance 21-5284, an Ordinance Amending Chapter 98 of the Rochelle Municipal Code Pertaining to Limitations of Service be approved.” Motion died due to lack of a vote. Motion made by Councilor T. McDermott, Seconded by Councilor D. McDermott “I move to amend Ordinance 21-5284 to read 92 degrees or 92-degree heat index.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, Mayor Bearrows. Nays: None. Motion passed 7-0. Motion made by Councilor Shaw-Dickey, Seconded by Councilor D. McDermott, “I move to approve amended Ordinance 21-5284, an Ordinance Amending Chapter 98 of the Rochelle Municipal Code Pertaining to Limitations of Service.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
VII. DISCUSSION ITEMS: None.
VIII. EXECUTIVE SESSION: At 7:22 P.M. Motion made by Councilor T. McDermott, Seconded by Councilor Arteaga, “I move the Council recess into executive session to discuss purchase or lease of real property for City’s use. Section (c) (5), the (appointment, Employment, compensation, discipline, performance and/or dismissal) of specific employee(s).” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
At 8:57 P.M Motion made by Councilor D. McDermott, Seconded by Councilor Hayes, “I move council return to open session.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
IX. ADJOURNMENT: At 8:58 P.M. Motion made by Councilor D. McDermott, Seconded by Councilor Hayes, “I move the Council adjourn.” Voting Yea: T. McDermott, Hayes, D. McDermott, Gruben, Shaw-Dickey, Arteaga, and Mayor Bearrows. Nays: None. Motion passed 7-0.
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