City Council Meeting Agenda - April 13, 2020

AGENDA
ROCHELLE CITY COUNCIL
REGULAR MEETING
Monday, April 13, 2020 at 6:30 p.m.
City of Rochelle Council Chambers
420 North 6th Street, Rochelle, IL 61068

 

I. CALL TO ORDER:
• Pledge to the Flag
• Prayer
II. ROLL CALL:
III. PROCLAMATIONS, COMMENDATIONS, ETC:
IV. REPORTS AND COMMUNICATIONS:
• Mayor
• Council Members
V. PUBLIC COMMENTARY:
VI. BUSINESS ITEMS:
1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:
a) Approve Minutes of City Council Meeting – pdf March 23, 2020 (420 KB)
b) Approve Exceptions – pdf 03/18/20-04/07/20 (215 KB)
c) Approve Payroll – pdf 03/09/20-03/22/20 (58 KB)
d) pdf VFW Post 3878 Auxiliary Request to Re-start the Public Garden Plot Program (11 KB)
2) Ordinance Amending Article II (License), Chapter 6 (Alcoholic Beverages) of the Municipal Code
3) Ordinance Suspending Provisions of Article IV (Hotel Tax), Chapter 90 (Taxation) of the Municipal Code
4) Resolution Approving the Liquor Commissioner’s COVID-19 Related Emergency Order 20-02
5) Contract Extension for Rochelle Industrial Rail Improvements Contract #3
6) Amendment One to Switching Services Agreement between the Burlington Junction Railway, Inc. and the City of Rochelle
7) Engineering Services Agreement for Phase III Construction Engineering, Inspection and Testing Services for South Main Street Reconstruction and Widening Improvements between Steam Plant and Steward Roads
8) Engineering Services Agreement for Phase III Construction, Engineering, Inspection and Testing Services for Mulford Road Improvements between Creston Road and the Union Pacific Railroad (UPRR)
9) Construction Contract Change Order for Wastewater Plant Upgrades
VII. DISCUSSION ITEMS:
VIII. EXECUTIVE SESSION
IX. ADJOURNMENT

The Council Meeting will be broadcast live on Facebook

Anyone interested in participating in public commentary remotely should contact City Clerk Sue Messer at This email address is being protected from spambots. You need JavaScript enabled to view it. or 815-562-6161 to make arrangements.

Council members may participate in the City Council Meeting remotely as a result of the Governor suspending the requirement for in-person attendance at Public Meetings


Agenda Item #2 - Ordinance Amending Article II (License), Chapter 6 (Alcoholic Beverages) of the Municipal Code

Staff Contact: Sue Messer

Summary: On March 20th Governor Pritzker issued an Executive Order, ordering Illinois residents to stay at home due to the COVID 19 outbreak. The outbreak and actions taken to reduce the spread have led to significant challenges for the City’s liquor license holders.

Currently, all existing liquor licenses must be renewed by May 31st or they will expire. Staff recommends that council extend the expiration of existing liquor licenses to December 31, 2020 and maintain that as the license expiration date going forward. This action will bring some relief to our local liquor establishments and align the license renewal with our calendar fiscal year going forward.

Taking this action will result in a decrease of $35,000 in budgeted revenues for fiscal year 2020.

Recommendation: Approve an Ordinance Amending Article II (License), Chapter 6 (Alcoholic Beverages) of the Municipal Code

Supporting Documents:
pdf Ordinance Amending Article II (License), Chapter 6 (Alcoholic Beverages) of the Municipal Code (200 KB)


Agenda Item #3 - Ordinance Suspending Provisions of Article IV (Hotel Tax), Chapter 90 (Taxation) of the Municipal Code for 60 Days

Staff Contact: Jeffrey A. Fiegenschuh, City Manager

Summary:
I have been approached by some hotel/motel operators about any assistance the City might be able to give during this crisis. The state of IL recently informed convention and visitors bureaus that they should anticipate a 40% reduction in tourism dollars due the current state of the economy.

I am asking the council to consider the attached ordinance that will suspend the City’s local 5% hotel/motel tax collections for 60 days. The ordinance also allows the City Manager to authorize the suspension of collections an additional 30 days if necessary. This move allows the hotel/motel operators to keep those funds to use for their daily operations.

Hotel/Motel tax funds are collected and remitted locally so this will not involve the state. Based on previous year collections, a 60-day suspension will cost approximately $60,000. Of course, this is not a typical year, and several operators are running at 20% occupancy compared to their usual 70%. It is safe to assume then, the remittance will not be close to the $60,000.

I asked Jenny to identify at least $60,000 in expense reductions to offset this program. She has done this through the elimination of several programs that were canceled due to Covid-19. We will also put off some maintenance to the building at Rail Fan Park.

This is an important measure aimed at helping hotel/motel operators. Without them we won’t generate any tourism tax revenue, so I feel it is important to do our small part to help.

Supporting Documents:
pdf Ordinance Suspending Provisions of Article IV (Hotel Tax), Chapter 90 (Taxation) of the Municipal Code for 60 Days (196 KB)

Recommendation:
Approve an Ordinance suspending Provisions of Article IV (Hotel Tax), Chapter 90 (Taxation) of the Municipal Code for 60 Days authorizing the suspension of collecting the City’s portion (5%) of the hotel/motel tax and giving the City Manager the authorization to continue the program an additional 30 days if needed.


Agenda Item #4 - Resolution Approving the Liquor Commissioner’s COVID-19 Related Emergency Order 20-02

Staff Contact: Sue Messer

Summary: On March 16th Governor Pritzker issued an Executive Order in which he suspended business operations for restaurants and bars from March 16 – March 30, 2020.

On March 23rd, Mayor Bearrows, as Liquor Commissioner, issued Emergency Order 20-01 regarding the temporary sale of packaged alcoholic liquor. This order allows liquor licensees holding a Class B, C and R to apply for an emergency package rider to permit the sale of alcoholic liquor in original package for consumption off the premises for a period of 30 days or as continued by the City Council.

On April 1st Governor Pritzker issued another Executive Order suspending business operations for restaurants and bars from April 1 – April 30, 2020.

The proposed resolution extends the COVID-19 Related Emergency Order 20-02 for 90 days, or until the expiration of the Governor’s Executive Order suspending business operations for restaurant and bars for until the termination of the Gubernatorial Disaster Proclamation, whichever comes first.

Recommendation: Approve a Resolution Amending Article II (License), Chapter 6 (Alcoholic Beverages) of the Municipal Code

Supporting Documents:
pdf Resolution Amending Article II (License), Chapter 6 (Alcoholic Beverages) of the Municipal Code (288 KB)
pdf COVID-19 Related Emergency Order 20-02 Temporary Sale of Packaged Alcoholic Liquor Applications (117 KB)


Agenda Item #5 - Contract Extension for Rochelle Industrial Rail Improvements Contract #3

Staff Contact: Jason Anderson – Economic Development Director

Summary: Contract #3 has been plagued by weather and mechanical issues causing the project to be suspended until the weather is warm enough to allow construction to restart. The Notice for Extending Contract Time outlines the parameters in which conditions should allow the contractor to re-start the project with a defined date for completion. Failure by the contractor to complete the project within the defined time frame as outlined in the extension contract, the City will be entitled to liquidated damages of $1,000 per day per the contract. There are provisions in the agreement that should Covid 19 cause additional delays, the deadline may be extended before liquidated damages would be assessed against the contractor.

Strategic Plan Application: Expanding the City of Rochelle Railroad Capabilities to advance Industrial Development and increase railroad revenues.

Recommendation: Approve the Extension of Contract Time for the completion of Contract #3 to June 30, 2020.

Supporting Documents:
pdf Extension of Contract Time (124 KB)


Agenda Item #6 - Amendment One to Switching Services Agreement between the Burlington Junction Railway, Inc and the City of Rochelle 

Staff Contact:  Jason Anderson – Economic Development Director

Summary:  The contract between the Burlington Junction Railway (BJRY) and the City of Rochelle Railroad will expire on April 15th 2020. Discussions on a new contract have been ongoing but due to the current Coronavirus Pandemic we are unable to finish the contract negotiations and need additional time to finish the new contract. In order to guarantee switching operations continue beyond the April 15th expiration date of the current contract, an Amendment to the switching services agreement is being proposed to extend the current contract for 90 days.  

Strategic Plan Application: Expanding the City of Rochelle Railroad Capabilities to advance Industrial Development and increase railroad revenues. 

Recommendation: Approve Amendment One to Switching Services Agreement between the Burlington Junction Railway, Inc and the City of Rochelle to allow for an additional 90 days to finalize a new agreement. 

Supporting Documents:  

pdf Signed copy by the BJRY of the Amendment One to Switching Services Agreement between the Burlington Junction Railway, Inc and the City of Rochelle, Illinois (461 KB)


Agenda Item #7 - Engineering Services Agreement for Phase III Construction Engineering, Inspection and Testing Services for South Main Street Reconstruction and Widening Improvements between Steam Plant and Steward Roads (Sec# 12-000112-00FP). IDOT Economic Development Program (EDP) Construction Job #C-92-126-12 and Engineering Job #P-92-070-12

Staff Contact: Sam Tesreau, City Engineer

Summary:

City Engineering Department staff developed a 5 year capital improvement plan that included the South Main Street reconstruction and widening improvements from Steam Plant Road to Steward Road. The Construction contract was awarded in March 2020 to Martin and Company, with change orders, for approximately $3M with construction to begin late April 2020.

Fehr Graham and Associates were contracted several years ago to perform the Phase 1 and 2 preliminary design engineering for the S. Main Street EDP/MFT project. Fehr Graham has submitted a proposal for Construction Engineering Phase III, which includes construction staking and layout, for the above referenced project for a not to exceed fee of $190,000. Approval of this Engineering Services Agreement (ESA) will allow the next step of the construction process to continue and keep this critical project on schedule for substantial completion by November 2020.

This project will be funded with IDOT Economic Development Funds, Motor Fuel Tax funds and infrastructure bond funds in place of Sales Tax Funds. The Engineering services contract is partially reimbursable through the EDP agreement.

Funding Sources     
Source: Budgeted Amount: Proposed Expenditure:
CIP South Main Street EDP $3,600,000 (2020) NTE $190,000 Base

Stategic Plan:

This infrastructure improvement continues to support the City’s Strategic Plan goals by improving street/roadway infrastructure throughout the City of Rochelle.

Recommendation:
Approve an Engineering Services Agreement for Phase III Construction Engineering, Inspection and Testing Services for South Main Street Reconstruction and Widening Improvements between Steam Plant and Steward Roads with Fehr Graham and Associates

Supporting Documents:
pdf Engineering Services Agreement with Fehr Graham and Associates for S. Main Street reconstruction and widening improvements (352 KB)


Agenda Item #8 - Engineering Services Agreement for Phase III Construction, Engineering, Inspection and Testing Services for Mulford Road Improvements between Creston Road and the Union Pacific Railroad (UPRR)

Staff Contact: Sam Tesreau, City Engineer

Summary:

The Mulford Road improvements construction contract was awarded in February 2020 to Martin and Company, with change orders, for approximately $1.25M with construction to begin late April 2020.

Fehr Graham and Associates has developed the preliminary design plans for the project that were approved by the City in January 2020. Fehr Graham has submitted a proposal for Construction Engineering Phase III, which includes construction inspection and testing, for the above referenced project for a not to exceed fee of $80,000. Approval of this Engineering Services Agreement (ESA) will allow the next step of the construction process to continue and keep this critical project on schedule for substantial completion by July 2020.

The landfill operator and the City will share the cost of the Mulford Road project including construction, engineering and Right of way acquisition necessary for the project. An escrow agreement has been funded by the Operator, per the amendment#3 to the Host Agreement, in the amount of $1,375,000.

 

Funding Sources    
Source: Budgeted Amount: Proposed Expenditure:
Landfill Fund  $1,375,000 NTE $80,000

Stategic Plan:

This infrastructure improvement continues to support the City’s Strategic Plan goals by improving street/roadway infrastructure throughout the City of Rochelle.

Recommendation:
Approve the Engineering Services Agreement for Phase III Construction, Engineering, Inspection and Testing Services for Mulford Road Improvements between Creston Road and the Union Pacific Railroad (UPRR)with Fehr Graham and Associates

Supporting Documents:
pdf Engineering Services Agreement with Fehr Graham and Associates for Mulford Road improvements (370 KB)


Agenda Item #9 - Construction Contract Change order for Wastewater Plant Upgrades

Staff Contact: Adam Lanning

Summary:
The water reclamation facility is currently undergoing an approximately $7 million upgrade and during construction encountered numerous unexpected problems. The main problem we had during the sludge disposal last year was the wet season, thus causing numerous delays and difficulties. In order to help keep the costs down staff performed some work in-house and are continually looking for ways to do things we can.

Funding Sources     
Source: Budgeted Amount: Proposed Expenditure:
Cash Reserve Budgeted $3,453,262 $29,608.89

Strategic Plan Goal Application: Short-Term Route & Long Term Complex Goal Create a 20 Year Capital Improvement Plan, review & modify plan as needed.

Recommendation: Approve construction contract change order for wastewater plant upgrades by Whittaker Construction & Excavating, Inc. in the amount of $29,608.89.

Supporting Documents:
pdf Notice of Award (4.52 MB)