City Council Meeting Agenda - December 9, 2019

City Council Meeting Agenda - December 9, 2019 - 6:30PM

City Hall - Council Chambers | 420 North Sixth Street Rochelle

I. CALL TO ORDER:
• Pledge to the Flag
• Prayer
II. ROLL CALL:
III. PROCLAMATIONS, COMMENDATIONS, ETC:
IV. REPORTS AND COMMUNICATIONS:
• Mayor
• Council Members
• Remarkable Resident Presentation – Dana Theiss
V. PUBLIC COMMENTARY:
VI. BUSINESS ITEMS:
1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:
a) Approve Minutes of City Council Meeting – pdf November 25, 2019 (183 KB)
b) Approve Exceptions – pdf 11/20/19-12/2/19 (70 KB)
c) Approve Bills – pdf 12/3/19 (162 KB)
d) Approve Payroll – pdf 11/4/19-11/17/19 (60 KB) , pdf 11/18/19-12/1/19 (56 KB)
e) Accept and Place on File Golf Course Advisory Committee Minutes – pdf 10/28/19 (24 KB)
f) Authorize St. Paddy’s Day Parade and Irish Hooley – pdf 03/14/20 (273 KB)
g) pdf Approve Amended City of Rochelle Meeting Dates for 2020 (63 KB)
2) Budget Fiscal Year 2020 (Public Hearing and Adoption)
3) 2020-2029 Capital Improvement Plan
4) Resolution Establishing Minimum/Maximum Wage Rates for Fiscal Year 2020
5) Resolution Authorizing the City Manager to Execute an Agreement with the Progressive Park Rochelle LLC for the Purchase of Land – New 138KV Substation
6) Ordinance Amending Certain Section of Chapter 6 Article I of the Rochelle Municipal Code Pertaining to Arts and Entertainment Liquor License Classifications
7) Ordinance Amending Section 6-46 of the Municipal Code of the City of Rochelle to Create One Class U Liquor License for the Artists Garden at 407 Lincoln Highway
8) Ordinance Approving an Easement Agreement with MECEN, LLC, an Illinois Limited Liability Company Located at the Artists’ Garden - 408 Lincoln Highway
9) Ordinance Establishing the Small Business Permit Fee Waiver Program
10) Resolution Establishing City of Rochelle Water Rates Effective January 1, 2020
11) Resolution Approving the Assignment and Assumption of the Asset Purchase Agreement
12) Resolution Authorizing the Execution of a Second Amendment to the Asset Purchase Agreement between the City of Rochelle and Commonwealth Edison Company, an Illinois Corporation

13)Ordinance Authorizing Commonwealth Edison Company and its Successors and Assigns to Construct, Operate and Maintain an Electric Transmission and Power System on and Across Property of the City of Rochelle

14) Resolution Approving an Amendment to the Personnel Manual
15) Resolution Authorizing the Purchase One (1) Fire Engine from Toyne, Inc.
VII. DISCUSSION ITEMS:
VIII. EXECUTIVE SESSION
IX. ADJOURNMENT


Agenda Item #2 - Budget Fiscal Year 2020 (Public Hearing and Adoption)

Staff Contact: Jeff Fiegenschuh, City Manager

Summary: The City of Rochelle held a Committee of the Whole meeting on November 18th. to discuss the upcoming 2020 budget. During the meeting, the City Manager presented a PowerPoint highlighting the 2020 budget and answered specific questions on various line items. The City Clerk published a Public Hearing Notice, as required by State law, to consider adoption of the budget at the December 9th City Council Meeting. Final action on the 2020 Budget is required on or before December 30, 2019 in order to be filed with Ogle and Lee Counties.

The final Proposed 2020 General Fund revenues are budgeted at $11,210,836. This represents an increase of approximately 2% compared to the approved 2019 budget. Budgeted expenses total $11,158,089 which is approximately 2% higher than the 2019 budget. This results in a budget surplus of $52,747. The combination of the General Fund, Special Revenue Funds, Enterprise Funds, Internal Service Funds, Trust and Agency Funds, and Capital Project Funds results in budgeted revenues of $83,969,264 and budgeted expenses of $91,944,101.

Illinois statutes require that the City conduct a public hearing on the proposed budget to allow citizens the opportunity to provide comments. After the Council returns to regular session, members of the Council can propose modifications to the proposed budget, each of which will be voted on by the Council. The proposed budget as amended will then be subject to a final Council vote for approval.

Strategic Plan Goal Application: Maintain Fiscal Stability & Balanced Budget – Short Term Routine

Recommendation: Conduct Public Hearing and Approve Fiscal Year 2020 Budget

Supporting Documents:
pdf 2020 Proposed Budget (26.65 MB)


Agenda Item #3 - 2020-2029 Capital Improvement Plan

Staff Contact: Jeff Fiegenschuh, City Manager

Summary: The City’s Capital Improvement Plan (CIP) is a multi-year planning instrument for the evaluation and identification of the capital infrastructure projects in need of renovation, repair, and/or construction along with the equipment or vehicle replacement over the next ten years. The CIP relates these projected capital needs to the financial sources that will support their realization and the timeframe in which the financing and work will take place. Capital improvement programming is the process by which these capital projects are identified, prioritized, and selected, and thus are incorporated into the long-range fiscal and strategic planning of the City. The Capital Improvement Plan document is different from the annual budget as it sets forth a ten-year program. The first year’s program contains projects that are included in the 2020 City of Rochelle Budget. The remaining nine years reflect staff’s recommended priorities for the future.

Strategic Plan Goal Application: Maintain Fiscal Stability & Balanced Budget – Short Term Routine, Create a 20 Year Capital Improvement Plan-Short Term Routine and Long-Term Complex

Recommendation: Approve the 2020-2029 Capital Improvement Plan

Supporting Documents:
pdf 2020-2029 CIP (17.63 MB)


Agenda Item #4 - Resolution Establishing Minimum/Maximum Wage Rates for Fiscal Year 2020

Staff Contact: Nancy Bingham, Human Resources Coordinator

Summary: The Municipal Code of the City of Rochelle requires that the City Council annually approve a resolution establishing the minimum/maximum wage rates for all position classifications within the City. The proposed resolution applies to all employees and is based on job categories as defined by the Equal Employment Opportunity Commission. The rates included in this resolution are consistent with those that were incorporated into the City Budget for Fiscal Year 2020.

Strategic Plan Goal Application:
-Dynamic planning and evaluation in City wide planning efforts.
-Budget - A tool to attract and retain quality employees allowing the departments to provide quality services to the City and its residents.

Recommendation: Approve the Resolution Establishing Minimum/Maximum Wage Rates for Fiscal Year 2020.

Supporting Documents:
pdf Resolution Establishing Minimum/Maximum Wage Rates for 2020 Fiscal Year (10 KB)
pdf Exhibit A - Minimum/Maximum Anticipated Wages Rates (13 KB)


Agenda Item #5 - Resolution Authorizing the City Manager to Execute an Agreement with the Progressive Park Rochelle LLC for the Purchase of Land – New 138KV Substation

Staff Contact: Jason Bird

Summary: As part of the ongoing need to improve the RMU distribution system, RMU needs to construct a sub-station in the southern area of the City, near many of its industrial and commercial customers. The City has identified a site that is approximately 16.53 acres, which is owned by Progressive Park Rochelle, LLC. The site is one of the desired locations for the new substation. The expenditure for the land is in this year’s budget; however, the expenditure is more than the budgeted amount. RMU has funds available from another project that came in under budget. The budget for 2020 includes the funds for the construction of the substation.

Funding Sources:    
Source: Budgeted Amount: Proposed Expenditure:
    $720,046.00

Recommendation: Approve a Resolution Authorizing the City Manager to Execute an Agreement with the Progressive Park Rochelle LLC for the Purchase of Land

Supporting Documents:
pdf Resolution Authorizing the City Manager to Execute an Agreement with the Progressive Park Rochelle LLC for the Purchase of Land (63 KB)
pdf Agreement for Purchase and Sale (199 KB)


Agenda Item #6 - Ordinance Amending Certain Sections of Chapter 6, Article I of the Rochelle Municipal Code Pertaining to Arts and Entertainment Liquor License Classifications

Staff Contact: Sue Messer, Assistant to the City Manager/City Clerk

Summary: The Artists’ Garden recently approached the City about allowing patrons to bring wine and beer into the facility for onsite consumption. The current code does not allow businesses to sell, distribute or give away beer or wine to the general public without obtaining a license from the City. The proposed ordinance creates a Class U license as follows:

“Class U licenses shall authorize a licensee of an arts and entertainment studio to permit consumption of beer and wine only, brought on the premises of an arts and entertainment studio by a patron twenty-one years of age or older for personal consumption or for personal consumption of other patrons who are twenty-one year of age or older. The consumption of beer and wine is restricted to licensed premises. Such consumption shall be limited to members of a group assembled on the premises for the purpose of attending arts sand crafts classes offered by an arts and entertainment studio.

No more than one 750-milliliter bottle of wine per patron or no more than thirty-six ounces of beer per patron (unopened) shall be permitted to be brought into the premises. The sale of beer, wine, spirits, and all other types of alcohol to patrons of the licensed premises shall be prohibited. No package sales are permitted.”

The ordinance includes a $200 license fee for a Class U liquor license.

Staff Recommendation: Approve an Ordinance Amending Certain Sections of Chapter 6, Article I of the Rochelle Municipal Code Pertaining to Arts and Entertainment Liquor License Classifications

Supporting Documents:
pdf Approve an Ordinance Amending Certain Sections of Chapter 6, Article I of the Rochelle Municipal Code Pertaining to Arts and Entertainment Liquor License Classifications (102 KB)


Agenda Item #7 - Ordinance Amending Section 6-46 of the Municipal Code of the City of Rochelle to Create One Class U Liquor License for the Artists’ Garden at 407 Lincoln Highway

Staff Contact: Sue Messer, Assistant to the City Manager/City Clerk

Summary: The Artists’ Garden has submitted an application for a Class U liquor license at 407 Lincoln Highway. The Class U liquor license allows for an arts and entertainment studio to permit consumption of beer and wine only, brought on the premises by a patron twenty-one years of age or older for consumption on the licensed premises.

The Liquor Commissioner, Mayor Bearrows, has reviewed the application and has no objection to the creation of a Class U liquor license for the Artists’ Garden. This action will result in a total of one Class U liquor license in the City of Rochelle.

Recommendation:
Approve an Ordinance Amending Section 6-46 of the Municipal Code of the City of Rochelle to Create One Class U Liquor License for the Artists’ Garden at 407 Lincoln Highway

Supporting Documents:
pdf Ordinance Amending Section 6-46 of the Municipal Code of the City of Rochelle to Create One Class U Liquor License for the Artists’ Garden at 407 Lincoln Highway (52 KB)


Agenda Item #8 - Ordinance Approving an Easement Agreement with MECEN, LLC, an Illinois Limited Liability Company Located at the Artists’ Garden - 408 Lincoln Highway

Staff Contact: Michelle Pease, Community Development Director

Summary: MECEN, LLC (Artists’ Garden), is requesting an easement agreement to install a deck and stairway located in Page Park (City Owned Property) to the South of their building located at 407 Lincoln Highway. The deck and stairway will allow access to the Acres Café that will be opening in 2020.

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.

Strategic Plan Goal Application:
This project continues to support the City’s Strategic Plan goals by improving and developing our Downtown.

Recommendation:
Approve an Ordinance Approving an Easement Agreement with MECEN, LLC, an Illinois Limited Liability Company located at the Artists’ Garden - 408 Lincoln Highway

Supporting Documents:
pdf Ordinance Approving an Easement Agreement with MECEN, LLC, an Illinois Limited Liability Company Located at the Artists’ Garden - 408 Lincoln Highway (64 KB)
pdf Easement Agreement for a Deck and Stairway (74 KB)
pdf Site Plans (265 KB)


Agenda Item #9 -  Ordinance Establishing the Small Business Permit Fee Waiver Program

Staff Contact: Michelle Pease, Community Development Director

Summary:
The Small Business Permit Fee Waiver Program is designed to assist small businesses with fees that are associated with opening a new business or expanding a business within the City of Rochelle. These fees include electric, water, sewer and building permits.

The purpose of the program is to create local jobs, encourage new investment and the rehabbing of existing retail/commercial spaces within the City limits.

For the purpose of this program, a small business is defined as 30 full time employees or less on site and not a licensed franchise.

The submission of a formal application for the waiving of permit fees from all applicants will be required.

Recommendation: Approve an Ordinance Establishing the Small Business Permit Fee Waiver Program

Supporting Documents:
pdf Ordinance Establishing the Small Business Permit Fee Waiver Program (80 KB)
pdf Small Business Fee Waiver Application Form (95 KB)


Agenda Item #10 - Resolution Establishing City of Rochelle Water Rates Effective January 1, 2020

Staff Contact: Adam Lanning

Summary:
In 2019 Willett Hofmann and Associate’s was hired to conduct a rate study for both the water and water reclamation divisions, on par with the current practice of looking at rates every 3 years. On November 20th the findings of the study were presented to the Utility Advisory Board with unanimous approval.

Recommendation: Approve a Resolution Establishing City of Rochelle Water Rates Effective January 1, 2020 in accordance with the findings of the rate study presented by Willett Hofmann and Associates

Strategic Plan Goal Application: Short term routine- replacing infrastructure.

Supporting Documents:
pdf Resolution Establishing City of Rochelle Water Rates Effective January 1, 2020 (142 KB)
pdf Water Rate Report (829 KB)
document Water Reclamation Division and Water Division Rate Study Presentation (14.17 MB)


Agenda Item #11 - 13 - Resolution Approving the Assignment and Assumption of the Asset Purchase Agreement and Resolution Authorizing the Execution of a Second Amendment to the Asset Purchase Agreement between the City of Rochelle and Commonwealth Edison Company, an Illinois Corporation and Ordinance Authorizing Commonwealth Edison Company and its Successors and Assigns to Construct, Operate and Maintain an Electric Transmission and Power System on and Across Property of the City of Rochelle

Staff Contact: Jason Bird

Summary: Rochelle currently owns approximately 20 miles of 138 kV transmission lines and associated substation facilities at Caron Road and Twombly (Substation #2). Since August 1, 2015, RMU has operated these facilities as a transmission owner (“TO”) under the applicable tariff and related agreements of PJM Interconnection, LLC (“PJM”). As a PJM TO, Rochelle recovers an annual revenue requirement for its transmission facilities, which allows Rochelle to recover all necessary transmission-related expenses, including transmission O&M, A&G, taxes, insurance, and depreciation, earn a return on transmission rate base and recover a Payment in Lieu of Taxes.
The transmission function has served Rochelle well by enabling the City to meet PJM reliability requirements and regional compliance obligations, with the necessary cost being shared by customers throughout the applicable transmission zone rather than solely by RMU customers. However, RMU’s primary focus as an electric utility is on providing electric distribution service to retail and commercial customers, not the provision of transmission-related services. In order to better enable RMU to meet current operational needs and better situate it to meet potential future needs, RMU issued a request for proposals on July 12, 2017, to explore opportunities either for a transmission-related strategic partnership, or an outright sale of its transmission assets to a transmission-focused company.

Rochelle received competitive proposals from six respondents, four of which were bids for an outright sale of RMU’s transmission assets. These proposals were evaluated by RMU staff and its consulting team and follow-up interviews were conducted with four of the respondents. The results of these evaluations have been shared with council members over the course of two executive sessions, most recently on November 13th.

After consideration, RMU and staff recommended that the council authorize the City Manager to execute a Letter of Intent (“LOI”) and enter into negotiations over a potential definitive agreement with Nextera Energy Transmission MidAtlantic LLC (“NEET”). Resolution 17-24 was approved by City Council on November 27, 2017 and then the parties subsequently negotiated the Asset Purchase Agreement for the City’s transmission assets.
The Asset Purchase Agreement was approved on April 16, 2018 by Ordinance 18-4833. On May 28, 2019, this council approved a First Amendment to the Agreement to allow for the delay in ICC approval.
During the ongoing regulatory process NEET has sought to assign its contractual rights to Commonwealth Edison Company. Assignment of the Agreement is allowed and NEET has the right to assign its contractual rights with the written approval of the City Council.
If the assignment is approved, a Second Amendment to the Asset Purchase Agreement is necessary. The amendment includes revisions to the Agreement, as well as the ancillary agreements that are related to the transaction, such as the interconnection agreement and the franchise ordinance. Although amendments are being made to the Agreement, the material terms and net result of the payments will remain the same and in accordance with the selected bid.

Recommendation:
Approve Resolution Approving the Assignment and Assumption of the Asset Purchase Agreement

Approve Resolution Authorizing the Execution of a Second Amendment to the Asset Purchase Agreement between the City of Rochelle and Commonwealth Edison Company, an Illinois Corporation

Approve Ordinance Authorizing Commonwealth Edison Company and its Successors and Assigns to Construct, Operate and Maintain an Electric Transmission and Power System on and Across Property of the City of Rochelle

Supporting Documents
pdf Resolution Approving the Assignment and Assumption of the Asset Purchase Agreement (80 KB)
  pdf Assignment and Assumption of Asset Purchase Agreement (71 KB)
pdf Resolution Authorizing the Execution of a Second Amendment to the Asset Purchase Agreement between the City of Rochelle and Commonwealth Edison Company, an Illinois Corporation (80 KB)
  pdf Second Amendment to the Asset Purchase Agreement (129 KB)

  pdf Ordinance Authorizing Commonwealth Edison Company and its Successors and Assigns to Construct, Operate and Maintain an Electric Transmission and Power System on and Across Property of the City of Rochelle (83 KB)


Agenda Item #14 - Resolution Approving an Amendment to the Personnel Manual (City of Rochelle Employee Handbook)

Staff Contact: Nancy Bingham

Summary:
The City of Rochelle “Handbook” Personnel Policies Manual was last updated in October of 2018.
The Personnel Policies Manual is in constant review and revisions shall be made periodically to be consistent with all applicable laws, employment policies and current technology.

The changes are: Electronic Communication and Technology Policy due to the increasing risk of cyber security threats and Guidelines for flowers at the time of bereavement or hospitalization.

Chapter 5, Article Q: Electronic Communication and Technology Policy
Adding:
5.p. No USB Drive should be used on a home computer or any other non-City computer and brought in and used on a City owned computer.
5.q. Non-Employees are prohibited use of their USB drive on City owned computer.
5.r. Use of a City owned USB is prohibited on any non-City owned computer. (City owned USB’s should only be used on City owned computers)
5.s. B.Y.O.D.: Computers, laptops, tablets or any other device that is not City owned should not be connected to the City network on City property with authorization from the IT Dept.

6. change from Violations to Laptops
6.a. All city owned laptops are to remain on City property unless given written and specific authorization. Authorization will be permitted for specific use only, unless it is necessary to conduct business offsite on an ongoing basis.
6.b. Laptops should be kept in a secure designated location within the department unless used daily.
6.c. Laptops, tablets or any other electronic device should not be left in vehicles overnight or for extended periods of times due to potential theft or the extreme heat/cold in vehicles.

7. Violations now #7 and content remains the same.

Adding:
Chapter 5, Article T: Guidelines for sending flowers at the time of bereavement or hospitalization.
This policy was last updated in 2006 and not included in the previous handbook. The cost has increased over the years and this policy is adjusted to reflect the increase changes.

Strategic Plan Goal Application:
-Dynamic planning and evaluation in City wide planning efforts.
-Budget - A tool to attract and retain quality employees allowing the departments to provide quality services to the City and its residents.

Recommendation:
Approve a Resolution Approving an Amendment to the Personnel Manual

Supporting Documents:
pdf Resolution Approving an Amendment to the Personnel Manual (54 KB)


Agenda Item #15 - Resolution Authorizing the Purchase One (1) Fire Engine from Toyne, Inc.

Staff Contact: David Sawlsville Fire Chief

Summary:
In 1995 City Council approved the purchase of two new Fire Engines, Engine 3 and Engine 8. In 2014 Council approved the purchase of a replacement for Engine 3 while Engine 8 remains in service.
The cost of maintaining a 24-year-old vehicle is beginning to surface. The last expense for rebuilding the fuel system was $5,500.

The FY2019 budget includes $200,000 for a partial payment towards the purchase of a replacement for Engine 8. Also, this year the Fire Department applied for and was awarded a low interest (1.89%) loan in the amount of $350,000 from the State Fire Marshal’s Office for the purchase of the replacement Engine.

In November of this year the Fire Department advertised for bids for this vehicle and received three bid proposals.
Bid #1 Alexis Fire Equipment $640,301.00
Bid #2 Alexis Fire Equipment $598,404.00
Bid #3 Toyne Inc. $583,863.04

Both manufactures offer discounts for making a pre-payment and all proposals include a 100% performance bond.

Strategic Plan Goal Application:
Core Service Delivery

Recommendation:
Approve a Resolution Authorizing the Purchase One (1) Fire Engine from Toyne, Inc. for the proposed bid of $583,863.04 and reject all other bids.
We further recommend approval of a $550,000.00 pre-payment which will net a $13,214.72 discount for a final purchase price of $570,648.32

Supporting Documents:
pdf Resolution Authorizing the Purchase One (1) Fire Engine from Toyne, Inc. (80 KB)
pdf Exhibit 1 (1.44 MB)
  pdf Three bid proposals including pre-payment discount options (490 KB)