AGENDA
ROCHELLE CITY COUNCIL
REGULAR MEETING
Monday, May 26, 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’s Report
· Council Members
· Good News
V. PUBLIC COMMENTARY:
VI. BUSINESS ITEMS:
1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:
a) Approve Minutes of City Council Meeting – pdf May 11, 2020 (185 KB)
b) Approve Exceptions – pdf 05/06/20-05/19/20 (4.07 MB)
c) Approve Payroll – pdf 05/04/20-05/17/20 (60 KB)
d) Accept and Place on File Financial Statement – pdf April 2020 (2.63 MB)
e) Authorize Closure of 10th Avenue between Illinois 251 and 8th Street – pdf 2020 Outdoor Markets (249 KB)
2) Resolution of Support for Downstate Small Business Stabilization Program Grant (Public Hearing and Action)
3) Resolution for Maintenance of Street and Highways by Municipality Under the Illinois Highway Code - 2020 Annual Seal Coat Street Maintenance
4) 6th Street and Alley Improvements from 4th to 5th Avenues, along with Municipal Parking Lot #4 Reconstruction Project
5) Ordinance Approving a Purchase and Sale Agreement with Brian T. Albers – 6th Street Parking Lot PIN #24-24-377-002
6) Resolution Authorizing the City Manager to Execute an Agreement with Robert Farber for Right of Way and a Temporary Construction Easement
7) City of Rochelle Updated Investment Policy
8) Resolution Authorizing the City Manager to Execute an Intergovernmental Agreement for School Resource Officer between the Board of Education of Rochelle Township High School District #212 and the City of Rochelle
9) Resolution Authorizing the Execution of a Third Amendment to the Asset Purchase Agreement between the City of Rochelle and Commonwealth Edison Company
10) Construction Contract Change Order for Wastewater Plant Upgrades
11) Ordinance Adopting the Rochelle Dining Reopening Plan & Suspending Provisions of Article IV, Chapter; 82 & Article XII, Chapter 110 of the Municipal Code
VII. DISCUSSION ITEMS:VIII. EXECUTIVE SESSIONIX. ADJOURNMENT
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.
The Council Meeting will be broadcast live on Facebook.
Agenda Item #2 - Resolution of Support for Downstate Business Stabilization Program Grant (Public Hearing & Action)
Staff Contact: Michelle Pease, Community Development Director
Summary: In 2019, the Department of Commerce and Economic Opportunity allocated $4,000,000 for Economic Development funding from the U.S. Department of Housing and Urban Development’s Community Development Block Grant Program.
With the outbreak of the COVID-19 virus and its detrimental impact on small businesses, the State is invoking its option to adjust allocations to address specific needs to benefit Illinois’ non-entitlement communities in case of unforeseen circumstances, as included in the Consolidated and Action Plans.
This allocation, along with unspent and recaptured funds from previous allocations will be made eligible in a total of $20,000,000 for the Downstate Small Business Stabilization Grant.
City Staff wishes to have the opportunity to participate in the Downstate Small Business Stabilization Grant Program. A resolution and public hearing are required for grant submission.
Strategic Plan Goal Application:This resolution request continues to support the City’s Strategic Plan goals by promoting, retaining and enhancing small business development.
Recommendation: Approve a Resolution of Support for Downstate Business Stabilization Program Grant to authorize the City Manager on behalf of the City execute all documents and agreements with the State of Illinois necessary for completing the application and receiving a Downstate Business Stabilization Program Grant.
Supporting Documents:
pdf Resolution of Support for Downstate Business Stabilization Program Grant (63 KB)
Agenda Item #3 - Resolution for Maintenance of Street and Highways by Municipality Under the Illinois Highway Code - 2020 Annual Seal Coat Street Maintenance
Staff Contact: Sam Tesreau, City Engineer
Summary: Various streets and/or alleys were identified to receive a seal coat (A1 & A2) surface treatment this fiscal year (FY) to provide for much needed roadway maintenance and preservation. The areas are shown on the attached exhibit A. Additional areas may be considered by the City Engineer during the construction process as funds allow.
The above referenced project was advertised in the Illinois Dept. of Transportation (IDOT) Notice to Contractor’s Bulletin 20-17 as well as the Rochelle News Leader. Bids were publicly opened and read aloud on May 7, 2020 at 10 am for the above referenced project. Two separate bids were received as follows:
Civil Constructors, Inc. submitted a bid for making the entire improvements in the amount of $167,826.00 Porter Brothers Asphalt & Sealing, Inc. submitted a bid for making the entire improvements in the amount of $198,613.98
The lowest bid is approximately 11% lower than the Engineers estimate of cost. The various streets general maintenance project is funded with Motor Fuel Tax (MFT) funds administered through IDOT. A transfer from the CY 2020 MFT fund 17-00 will be made to the CY 2020 CIP fund 36-00-86091 to cover the Local Agency (LA) costs associated with the General Maintenance project of various streets with Sec#20-00000-00-GM. The City Street Department crews will provide pavement patching, surface preparation and sweeping in advance of seal coat operations.
City council approval of resolution (BLR 14220) will allow the City to move forward with providing funding associated with engineering, maintenance and/or construction on the referenced project from the MFT fund. Enclosure (1) uses the standard IDOT resolution to document the requested expenditure.
| Funding Sources | ||
| Source: | Budgeted Amount: | Proposed Expenditure |
| MFT/CIP | $225,000 | $188,000 |
Strategic Plan Goal: Infrastructure Effectiveness and Improvement
Recommendation:Approve a Resolution for Maintenance of Street and Highways by Municipality Under the Illinois Highway Code (BLR 14220) appropriating MFT funds for general maintenance of various streets described herein at the discretion of the City Manager. Accept the low bid proposal and award the contract to Civil Constructors, Inc. in the amount of $167,826 and reject all other bids received.
Supporting Documents:
pdf Exhibit A 2020 Sealcoat Program Map (143 KB)
Agenda Item #4 - 6th Street and Alley Improvements from 4th to 5th Avenues, along with Municipal Parking Lot #4 Reconstruction Project
Staff Contact: Sam Tesreau, City Engineer
Summary: The 6th Street and alley improvements from 4th to 5th Avenues, along with Municipal Parking Lot #4 was included as part of the 2020 Capital Improvement Plan (CIP). It will involve a complete reconstruction of the street including new storm sewer systems, curb and gutter, sidewalks, pavement and streetlights. Many utility cuts have been performed in the street section over the years along with the most recent activity for the construction of the Kennay Distillery. RMU will also replace and enlarge an existing watermain and appurtenances from 4th Ave to 5th Ave while the street is being rebuilt.
The new improvements will upgrade and enlarge storm within the project limits. Ultimately these storm sewers will be connected into the more larger storm sewer CIP project from 6th Street to the Kyte River along 4th Avenue. Additionally, the parking lot #4 near the museum will be reconstructed to allow more needed parking for the downtown area. Construction plans were developed by the Engineering Department and recently approved for bidding.
The above referenced project was advertised in the Rochelle News Leader and on the City website. Bids were publicly opened and read aloud on May 14, 2020 at 10am for the above referenced project. Five separate bids were received as follows:
N-TRAK Group LLC submitted a bid for making the entire improvements in the amount of $809,263.00 Martin and Company Excavating submitted a bid for making the entire improvements in the amount of $814,400.00 Porter Brothers Asphalt, Inc. submitted a bid for making the entire improvements in the amount of $854,024.66 Stenstrom Excavating and Blacktop Group LLC submitted a bid for making the entire improvements in the amount of $855,126.60 Northern Illinois Service Company submitted a bid for making the entire improvements in the amount of $899,792.20
The low bid is approximately 1% higher than the Engineer’s estimate of cost. The project will be funded through the CIP fund with City Sales Tax funds and infrastructure bond revenues. Furthermore, given the favorable contract unit prices for multiple construction items it is recommended that approval be given to the City Manager to negotiate further change order work, not to exceed $89,000, within the proposed contract to facilitate other improvements and upgrades to streets adjacent to this project. It is anticipated the construction project will be substantially complete by the end of November 2020.
Funding Sources:
| Funding Sources: | ||
| Source: | Budgeted Amount: | Proposed Expenditure: |
|
CIP 36-00-861036th St 5th-4th Ave CIP 36-00-86081 parking lots CIP 36-00-86055 St Swr drainage CIP 36-00-86502 Alley improv |
$304,000 (main expenditure fund) $148,000 $337,000 $105,000 |
Bid proposal plus change order $898,000 |
Recommendation: Accept the low bid proposal and award the contract to NTRAK Group, LLC in the amount of $809,263.00 and reject all other bids received. • Approve and authorize a not to exceed $89,000 improvement add on (contract change order) to be negotiated by the City Manager for improvements to City streets adjacent to the project limits
Strategic Plan Goal Application: infrastructure effectiveness and improvement short term complex
Supporting Documents: pdf Bid tabulation sheet (44 KB)
Agenda Item #5 - Ordinance Approving a Purchase and Sale Agreement with Brian T. Albers – 6th Street Parking Lot PIN #24-24-377-002
Staff Contact: City Engineer Sam Tesreau
Summary: Attached is an agreement for the purchase of property located along N. 6th Street and south of existing municipal parking lot #4 near the museum. The subject site is owned by Brian Albers and is the former site of Ray’s Furniture parking area.
Staff has been in discussions with the owner regarding the purchase of this lot to expand Municipal Lot #4 during the construction of the 6th Street improvements that will take place over the next several months. The additional area, coupled with the existing Municipal Lot #4, will provide about 64 stalls and two way through aisles. The additional parking area will allow for new storm sewer drainage as well within the new expanded parking lot. With the purchase of this lot the City will realize nearly $26,000 in savings while reconstructing lot #4, along with this additional area, as part of the overall Capital Improvement Plan improvements.
| Funding Sources: | ||
| Source: | Budgeted Amount: | Proposed Expenditure: |
| CIP 6th Street improvements | Within total budgeted project expense of $92,000 | |
| CIP 36-00-86030 | Property and Right of way acquisition | $20,000.00 (plus expenses in agreement) |
Recommendation: Approve Ordinance Approving a Purchase and Sale agreement with Brian Albers
Strategic Plan Goal Application: Acquisition of the right of way and/or easements allow the City to move forward with improving infrastructure throughout the community
Supporting Documents:
pdf Ordinance Approving a Purchase and Sale agreement with Brian Albers (74 KB)
pdf Purchase and Sale Agreement (218 KB)
pdf Map of Parking Lot (812 KB)
Agenda Item #6 - Resolution Authorizing the City Manager to Execute an Agreement with Robert Farber for Right of Way and a Temporary Construction Easement
Staff Contact: City Engineer Sam Tesreau
Summary: Attached is a purchase agreement with Robert Farber for the acquisition of right of way and/or easements for the South Main Street Phase 1 reconstruction project.
As a result of the final engineering plans it was determined that certain additional right of way parcels and easements were necessary to complete the construction of the improvements. Appraisals were conducted on each property.
| Funding Sources: | ||
| Source: | Budgeted Amount: | Proposed Expenditure: |
|
CIP South Main Street Ph1 improvements sec#12-00112-00FP |
Within total budgeted project expense of $3.6M for 2020 | |
|
Robert Farber (0.018 Acres +/-)/(0.026 Acre+/-) PIN 24-36-276-004 |
Right of way and Temporary easement |
$3,862.00 (including applicable damages to the property) |
Recommendation: Approve Resolution Authorizing the City Manager to Execute an Agreement with Robert Farber for Right of Way and a Temporary Construction Easement
Strategic Plan Goal Application: Acquisition of the right of way and/or easements allow the City to move forward with improving infrastructure throughout the community
Supporting Documents:
pdf Agreement for Right of Way and Temporary Construction Easement (132 KB)
Agenda Item #7 - City of Rochelle Updated Investment Policy
Staff Contact: Chris Cardott, Finance Director
Summary: Illinois’ Sustainable Investing Act (Public Act 101-0473) was signed into law by Governor Pritzker in August 2019 and came into effect on January 1, 2020. The Act requires Illinois public funds to develop and implement sustainable investment policies and to integrate material, relevant, and decision-useful sustainability factors into their investment process. Section 1:10 was added to our current policy to comply with the Act.
Strategic Plan Goal Application: Maintain Fiscal Stability – Short Term Routine
Recommendation: Approve the Investment Policy as amended
Supporting Documents:
Agenda Item #8 - Resolution Authorizing the City Manager to Execute an Intergovernmental Agreement for School Resource Officer between the Board of Education of Rochelle Township High School District #212 and the City of Rochelle
Staff Contact: Eric Higby
Summary: The proposed agreement mirrors the one that is in place for the Rochelle Middle School. 66% of the officer’s total annual compensation including salary, overtime, benefits and pension benefits will be paid by the Board of Education. The proposed agreement is for three years with additional one-year terms if both the City and the School Board agree. The City will be responsible for the salary and benefits during the summer.
Having officers from the same agency in both the Rochelle Middle School and R.T.H.S. should make a more fluid transition for the students. They will have an opportunity to interact with these officers as educators and role models.
Officer Pete Pavia has been selected for this position. He has twenty-three years of law enforcement experience. Officer Pavia has been to school resource officer training and is an A.L.I.C.E. instructor.
| Funding Sources: | ||
| Source: | Budgeted Amount: | Proposed Expenditure: |
| Current Budget 2020 |
$22,842.00 (34% of salary) |
$22,842.00 |
| Current Budget 2020 (Total with Benefits) | $30,584.45 | $30,584.45 |
Strategic Plan Goal Application: Create intergovernmental partnerships and encourage community involvement with the Rochelle Police Department.
Recommendation: Approve a Resolution Authorizing the City Manager to Execute an Intergovernmental Agreement for School Resource Officer between the Board of Education of Rochelle Township High School District #212 and the City of Rochelle
Supporting Documents:
Agenda Item #9 - Resolution Authorizing the Execution of a Third Amendment to the Asset Purchase Agreement between the City of Rochelle and Commonwealth Edison Company, an Illinois Corporation
Staff Contact: Jeff Fiegenschuh
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.
On December 9, 2019, City Council authorized the assignment of NEET’s contractual rights to Commonwealth Edison Company and a Second Amendment to the Asset Purchase Agreement. That amendment included 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.
In preparation of the closing of this transaction, a Third Amendment to the Asset Purchase Agreement is necessary to address closing items, certain real estate issues, and final revisions to closing documents. Additionally, the agreement calls for the sale of revenue meters, which should have been included in the initial list of assets to be transferred to Commonwealth Edison Company. The Third Amendment does not impact the consideration for the assets being paid to the City.
Recommendation: Approve a Resolution Authorizing the Execution of a Third Amendment to the Asset Purchase Agreement between the City of Rochelle and Commonwealth Edison Company, an Illinois Corporation
Supporting Documents:
Agenda Item #10 - 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 contractor learned a dewatering system needed to be installed so RMU staff installed approximately 3,000 feet of drain tile. The contractor is proposing to regrade the bottom of the lagoon and remove a concrete collar along the outside of the lagoon at a cost of $12,000.
Funding Sources: Source: Budgeted Amount: Proposed Expenditure: IEPA SRF Loan Budgeted, $3,453,262 $12,000
| Funding Sources: | ||
| Source: | Budgeted Amount: | Proposed Expenditure: |
| IEPA SRF Loan | Budgeted, $3,453,262 | $12,000 |
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 change order #2 from Whittaker Construction & Excavating, Inc. in the amount of $12,000.
Supporting Documents:
pdf Change Order No. 2 (382 KB)
Agenda Item #11 - Ordinance Adopting the Rochelle Dining Reopening Plan & Suspending Provisions of Article IV, Chapter; 82 & Article XII, Chapter 110 of the Municipal Code
Staff Contact: Jeff Fiegenschuh, City Manager
Summary: The city wishes to establish opportunities for the use of outdoor public spaces and the extension of liquor licenses under the limited capacity and social distancing guidelines of Governor Pritzker's Restore Illinois Plan.
Beginning immediately, the following opportunities and regulations will allow for our local bars and restaurants to reopen:
- Use of Right-of-Way and City Streets for Public Pedestrian Use from 7:00 a.m. to 10:00 p.m., with a maximum use of 60 minutes.
- Use of Parking Lots for outdoor Seating from 7:00 a.m. to 10:00 p.m., with a maximum of use 60 minutes.
- Within the areas designated only, the City has provisionally waived prohibitions on the public consumption or possession of alcohol. This prohibition waiver is for the consumption of packaged alcoholic beverages purchased from adjacent licensed bars/restaurants only. After hours public consumption will be enforced along with public consumption outside of the designated areas.
- Local and State laws and all guidelines from the Center for Disease Control (“CDC”) and the Illinois Department of Public Health (“IDPH”) surrounding public gatherings and alcohol consumption will remain in full effect and enforcement by the Rochelle Police Department. This applies to public intoxication, disturbances, fights, noise complaints and other statutory laws.
Strategic Plan Goal Application: This request continues to support the City’s Strategic Plan goals by promoting, retaining and enhancing small business development.
Recommendation: Approve the ordinance adopting the Rochelle Dining Reopening Plan & Suspend Provisions of Article IV, Chapter 82 & Article XII, Chapter 110 of the Municipal Code.
Supporting Documents:
