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:

• default Veterans Day

IV. REPORTS AND COMMUNICATIONS:

• Mayor

• Council Members

• default Financial Statements September 2011

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:

a) default Approve Minutes of City Council Meeting-October 11, 2011

b) Approve Bills default 09/30/11-10/06/11 ,  default 10/07/11-10/13/11

c) Approve Payroll default 09/19/11-10/02/11

2) Purchase of Mini Digger-Derrick Unit

3) Airport Sanitary Sewer Project

4) Executive Search Services Proposal-General Manager Rochelle Municipal Utilities

5) Request from Metal Recyclers for Permission to Place Disposal Containers within the City

6) Engineering Agreement with Fehr-Graham & Associates – City Industrial Rail

7) Tiger III Grant Funds Commitment Letter –Jack Dame Road Overpass

VII. DISCUSSION ITEMS:

VIII. EXECUTIVE SESSION

IX. ADJOURNMENT

BUSINESS ITEMS:

Agenda Item #2 - Purchase of Mini Digger-Derrick Unit – RMU Electric Operations

References:

default Attached Memo from Joe Orlikowski, Supt of Electric Operations

Recommended Action:

Consider bids for the purchase of a Mini Digger-Derrick Unit for Rochelle Municipal Utilities Electric Operations.

History and Fact:

The 2011-12 Electric Operations Capital Outlay Budget includes $140,000 for the purchase of a new portable digging/lifting unit for the RMU Transmission and Distribution Division. The Division currently has a 1999 portable unit which will be retained as a back-up following the purchase of a new unit.

Discussion:

Subsequent to the required public notice, the Deputy City Clerk opened the following three bids on October 13, 2011 for a Mini Digger-Derrick Unit: Dueco $149,990 for a SDP EZ Hauler, Dueco $156,152 for a Super 6000 with skylift and Altec $128,655 for a DB37 unit. Superintendent of Electric Operations Joe Orlikowski has reviewed the bids and recommends acceptance of the apparent low bid from Dueco of $149,990 for a SDP EZ Hauler, which is the only bid that meets the minimum specifications. The recommended bid is $9,990 over the budgeted amount but the recent purchase of a meter reader vehicle was $15,000 below the budgeted amount. The capital expenditures overall for the Electric Fund will remain within the budgeted amount.

Recommendation:

Accept the bid for the Mini Digger-Derrick Unit, SDP EZ Hauler, from Dueco for a total of $149,900 and reject all other bids.

 Agenda Item #3 - Airport Sanitary Sewer Project

References:

default Memo from Don Elliott Superintendent of Streets, Cemetery & Airport

default Letter of Recommendation from Fehr-Graham & Associates

Recommended Action:

Consider bids for the Airport Sanitary Sewer Project.

History and Fact:

The long range plans for the Rochelle Municipal Airport include the construction of sanitary sewer to serve the facility. These plans became time-sensitive when the Mayor and City Council approved a Land Lease Agreement with Sky Team Incorporated on March 21, 2011 that includes requirements for the City to provide sanitary sewer to the leased premises by April 1, 2012. On September 26, 2011 the Mayor and Council rejected bids opened in August for the sanitary sewer project so that design modifications could be made to reduce the cost of the project. These design modifications have since been completed.

Discussion:

Subsequent to the required public notice, bids for the sanitary sewer project will be opened on October 20, 2011. Staff and our consultant, Fehr-Graham & Associates, will review the bids and provide a recommendation of bid award to the Mayor and Council at the meeting. The 2011-12 Airport Capital Outlay Budget includes $150,000 for the sanitary sewer improvements.

Recommendation:

Consider bids for the Airport Sanitary Sewer Project.

Agenda Item #4 - Executive Search Services Proposal – General Manager Rochelle Municipal Utilities

References:

Executive Search Services Proposal-General Manager RMU

Recommended Action:

Consider a proposal from Mycoff, Fry & Prouse, LLC to conduct an executive search to recruit a General Manager for Rochelle Municipal Utilities

History and Fact:

Rochelle Municipal Utilities (RMU) has been in operation since the late 1800's and currently provides electric, water, water reclamation and communication services to over 7,000 commercial and residential customers in the greater Rochelle region. The business operations of this multi-million dollar enterprise have been administered for many years by the RMU General Manager. Since May of this year, following the resignation of RMU General Manager Ed Carr, the position has remained vacant. The Administrative Committee of the City Council discussed this vacancy on October 3, 2011 along with a proposal for an executive search to fill the position. The consensus of the committee was to discuss the RMU General Manager vacancy and the associated proposal with the full council.

Discussion:

The future of RMU, under the direction of the General Manager, is extremely important to both the community as a whole and the City of Rochelle's overall financial position. For this reason, an executive search proposal was requested from the firm of Mycoff, Fry & Prouse, a recognized leader in the recruitment of executives and management personnel in the utility industry. The firm has identified a scope of services to facilitate the selection of the RMU General Manager which includes: gathering information from RMU and the City, developing a position profile, conducting recruitment activities and interviewing candidates for a minimum fee of $39,000, plus expenses. Providing the Mayor and Council approve the proposal, City Staff will participate in interviews with the finalists as well as the final selection of the RMU General Manager. Although the cost for this search was not included in the 2011-12 budget, it should be offset by the fact that the position has remained vacant for several months.

Recommendation:

Authorize the City Manager to sign the proposal from Mycoff, Fry & Prouse, LLC to conduct an executive search to recruit a General Manager for Rochelle Municipal Utilities

Agenda Item #5 - Request from Metal Recyclers for Permission to Place Disposal Containers within the City

References:

default Request from Metal Recyclers

default Memorandum from City Attorney Alan Cooper

default Waste Collection Agreement with Rochelle Disposal Service, Inc.

Recommended Action:

Consider a request from Metal Recyclers

History and Fact:

The owners of Metal Recyclers submitted a letter to the City Council in June requesting permission "to set containers within the City limits to collect construction waste and other needs that require a large tub container." Metal Recyclers is located at 8th Avenue and 20th Street and provides recycling and container services to residents and businesses in the surrounding communities.

Discussion:

The City of Rochelle entered into a Waste Collection Agreement with Rochelle Disposal Service in 1995. This agreement provides Rochelle Disposal Service with rights associated with the collection and hauling of waste within the City limits. City Attorney Alan Cooper reviewed the request from Metal Recyclers, the existing Waste Collection Agreement, applicable state statutes and City Code provisions and provided his conclusions to the Mayor and City Council at their meeting on July 25, 2011. Due to the complicated nature of this request, the City Manager recommended referring it to the Administrative Committee for an in-depth discussion. On October 18, 2011 representatives from the City, Rochelle Waste Disposal and Metal Recyclers presented their positions to the Administrative Committee. Following a lengthy discussion, the three members of the Administrative Committee, Councilman Eckhardt, Councilman Rice and Councilwoman Hollonbeck, agreed to recommend denial of the Metal Recyclers request to the City Council.

Recommendation:

Deny a request from Metal Recyclers for permission to place disposal containers within the City limits.

Agenda Item #6 - Engineering Agreement with Fehr-Graham & Associates – City Industrial Rail

References:

default Memo from Jason Anderson Economic Development Director

default Agreement between the City and Fehr-Graham & Associates

Recommended Action:

Consider an engineering agreement with Fehr-Graham & Associates for services related to the design of the City Industrial Rail extension.

History and Fact:

In February of this year the Mayor and Council authorized the City Manager to file a petition with the Illinois Commerce Commission (ICC) for an extension of the City Industrial Rail across Steward Road. This was the first step towards providing rail access to industries interested in locating facilities on property in the southeast corner of Steward and Ritchie Roads. The ICC subsequently approved the petition and on September 12, 2011 the Mayor and Council approved the annexation of 28.05 acres for the Coated Sand Solutions facility on a portion of the property.

Discussion:

Fehr-Graham and Associates has identified a scope of services related to the rail extension which includes: a topographic survey, railroad easements, land acquisition, design of the extension and a storm water pollution prevention plan for a fee of $44,150 plus time and materials for assistance with securing the ICC approval. All of the required preliminary services, excluding the design of the rail extension, have already been completed and paid for. Economic Development Director Jason Anderson recommends that the City proceed with the final portion of the engineering agreement, design of the rail extension, at a cost of $34,800. The 2011-12 Railroad Budget includes $75,000 for professional engineering services related to the expansion of the railroad.

Recommendation:

Authorize the City Manager to sign an engineering agreement with Fehr-Graham & Associates for services related to the design of the City Industrial Rail extension.

Agenda Item #7 - Tiger III Grant Funds Commitment Letter –Jack Dame Road Overpass

References:

default Memo from City Engineer Sam Tesreau

default Commitment of Local Share Letter

Recommended Action:

Consider Commitment Letter

History and Fact:

The American Recovery and Reinvestment Act was signed into law in February of 2009. As part of the Act, the Transportation Investment Generating Economic Recovery (TIGER) Grant Program was created to spur competition for transportation projects having a significant economic impact on the Nation, a metropolitan area or a region. In 2009 the City, along with Ogle and Lee Counties, applied for a TIGER Grant for the Southwest Rochelle Truck Loop but were unsuccessful.

Discussion: Earlier this year the United States Department of Transportation announced that approximately $527,000 million dollars would be awarded through another round of TIGER Grant applications. The City of Rochelle and Ogle County plan to submit a grant application in order to construct a portion of the Southwest Truck loop, the Jack Dame Road overpass. The City of Rochelle's Comprehensive Plan designates this overpass as a planned arterial road improvement which will direct traffic to roadways better suited for heavy traffic volumes. Projects chosen in the past for TIGER Grant awards typically included a local match of 50%. The City and Ogle County believe this match is reasonable and would strengthen the chances of consideration. The estimated project cost for the Jack Dame Road overpass and associated improvements is $15,905,000. The City's portion of 25%, $3,975,750, would be provided through a variety of funding sources such as sales tax, utility tax, property tax, MFT funds and/or other agency funding sources. The funding commitment included in the proposed letter is contingent on the award of the TIGER grant and would be void if the project is not selected. Final applications for the TIGER III Grant must be submitted by October 31, 2011.

Recommendation:

Authorize the Mayor to sign a Commitment of Local Share funding letter associated with the TIGER III Grant application for the Jack Dame Road Overpass

I. CALL TO ORDER:

• Pledge to the Flag

• Prayer

II. ROLL CALL:

III. PROCLAMATIONS, COMMENDATIONS, ETC:

• default National Fire Prevention Week - October 9-15, 2011

IV. REPORTS AND COMMUNICATIONS:

• Mayor

• Council Members

• default Financial Statements August 2011

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:

a) default Approve Minutes of City Council Meeting - September 12, 2011

b) Approve Bills 08/26/11-09/01/11, 09/02/11-09/08/11

c) Approve Payroll default 08/22/11-09/04/11

d) Authorize the use of the Main Street Gazebo Parking Lot and Closure of Lincoln Highway between 6th and Lincoln Avenue for a Farm Film Production - October 13, 2011

e)  default Authorize the use of Lawnridge Cemetery for a Living History Walk – October 16, 2011

f)  default Authorize the Rochelle Lions Club Annual Candy Sale as Requested – October 14-15, 2011.

2) Third Amendment to Annexation Agreement – Creekside Subdivision Unit 1 f/k/a Kings Crossing (Public Hearing and Continuance)

3) Audit Report Fiscal Year 2010/2011

4) Airport Sanitary Sewer Project

5) Ritchie Road and Ritchie Court Improvement Project

VII. DISCUSSION ITEMS:

VIII. EXECUTIVE SESSION

IX. ADJOURNMENT

BUSINESS ITEMS:  DETAIL

Agenda Item #2 - Third Amendment to Annexation Agreement Creekside Subdivision Unit 1 f/k/a Kings Crossing Subdivision (Public Hearing and Continuance)

References:

Recommended Action:

Open and Continue the Public Hearing

History and Fact:

Creekside Land Holdings, successor to the Kings Crossing Annexation Agreement, has requested an amendment to the agreement in order to facilitate construction of a 31 lot residential subdivision. On August 8, 2011 a Public Hearing to discuss the amendment was opened and continued because the terms had not been finalized. At the August 22, 2011 City Council meeting the terms of the proposed amendment were discussed and the hearing was continued. On September 12, 2011 the Public Hearing was continued at the developer's request due to ongoing negotiations with the Flagg Rochelle Park District and local school districts.

Discussion: Spencer Hayden, representing Creekside Land Holdings, LLC, has requested that the Public Hearing be continued until the October 11, 2011 City Council meeting due to ongoing negotiations with the local school districts.

Recommendation:

Open and Continue the Public Hearing

Agenda Item #3 - Audit Report Fiscal Year 2010/2011

References:

default City of Rochelle Annual Financial Report - April 30, 2011

default Rochelle Municipal Utilities Annual Financial Report - April 30, 2011

default Management Letter – April 30, 2011

default Response to Management Letter from Chris Frye, Finance Manager

default Report to the City Council – Frederick G Lantz, CPA

default Audit Presentation – Chris Frye, Finance Manager

Recommended Action:

Consider Audit Report

History and Fact:

On March 8, 2010 the Mayor and City Council approved a contract with Sikich, LLP to perform an audit of the City's financial operations for fiscal years ending April 30, 2010, 2011 and 2012. This is the second year Sikich has completed our annual audit.

Discussion:

Sikich planned and performed the audit in order to verify that the financial statements are free of material misstatements. This included examining, on a test basis, evidence supporting the amounts reported in the financial statements. The audit also assessed the accounting principles applied, estimates made by management and evaluated the overall financial statement presentation.

The auditor's opinion, as noted on page 1 of the Auditor's Report, indicates that the financial statements for the year ending April 30, 2011 "present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Rochelle." It further states that cash flows "ended in conformity with accounting principles generally accepted in the United States of America."

Fred Lantz, Partner-in-Charge of Government Services for Sikich, will attend the meeting to provide an overview of the City's Financial Statement and respond to questions from the Mayor and Council members. Finance Manager Chris Frye will also provide a presentation comparing the actual General Fund revenues, expenditures and fund balances for years 2006 through 2011.

Recommendation:

Accept and place on file the Audit Report for FY 2010/2011 as prepared and presented by Sikich, LLP.

Agenda Item #4 - Airport Sanitary Sewer Project

References: 

default Memo from Don Elliott Superintendent of Streets, Cemetary & Airport

default Bid tabulation

Recommended Action:

Consider bids for the Airport Sanitary Sewer Project.

History and Fact:

The long range plans for the Rochelle Municipal Airport include the construction of sanitary sewer to the facility to replace an aging septic system. This goal became more feasible when water and sewer services were extended to the south side of Interstate 88 in 2009. On March 21, 2011 the Mayor and City Council approved a Land Lease Agreement with Sky Team Incorporated which allowed Chicagoland Skydiving Center to establish operations at the Rochelle Municipal Airport. Included in the lease were provisions that the City would, at its expense, provide sanitary sewer to the boundary of the leased premises.

Discussion:

Subsequent to the required public notice, bids for the sanitary sewer project were opened on August 25, 2011 with two contractors submitting bids. Staff and our consultant, Noah Carmichael of Fehr-Graham, have reviewed the bids and recommend rejecting both bids since they are well above the $150,000 included in the 2011/12 Airport Capital Outlay Budget. City staff members plan to work with Fehr-Graham and Associates to make design modifications which reduce the construction costs and still provide the required sanitary sewer service. Once these modifications are complete the project will be rebid.

Recommendation:

Reject all bids for the Airport Sanitary Sewer Project.

Agenda Item #5 - Ritchie Road and Ritchie Court Improvement Project

References:

default Memo from Sam Tesreau, City Engineer

default Resolution for Improvement by Municipality Under the Illinois Highway Code

default Bid Tabulation

default Recommendation Letter from Fehr-Graham and Associates

Recommended Action:

Consider a Resolution for Improvement by Municipality

Consider the Bid from William Charles Construction Company

History and Fact:

On March 28, 2011 the Mayor and Council approved a Development Agreement between the City, ProLogis Land and Nippon Sharyo to facilitate the construction of a passenger railcar facility in the ProLogis Industrial Park. Included in this agreement are provisions for the City to improve a section of Ritchie Road and construct Ritchie Court, to urban standards rated for 80,000 pound vehicles, in order to provide access to the Nippon Sharyo site.

Discussion:

Subsequent to the required public notice, bids were opened on September 12, 2011, with two contractors submitting bids. Staff and our consultant, John Vendel of Fehr-Graham, have reviewed the bids and recommend the acceptance of the apparent low bidder, William Charles Construction Co., with a bid of $1,043,077.44. The 2011-12 Capital Improvements Fund budget includes $1,476,284.00 for roadway improvements associated with the Nippon Sharyo Project of which the State of Illinois will fund an amount not to exceed $866,480 through an EDP agreement. The remainder of the costs not covered by the EDP grant will be reimbursed 75% by Nippon Sharyo and 25% by ProLogis.

Recommendation:

Approve a Resolution for Improvement by Municipality

Accept the bid from William Charles Construction Company in the amount of $1,043,077.44 subject to the final concurrence of IDOT

I. CALL TO ORDER:

• Pledge to the Flag

• Prayer

II. ROLL CALL:

III. PROCLAMATIONS, COMMENDATIONS, ETC:

• default Constitution Week

IV. REPORTS AND COMMUNICATIONS:

• Mayor

• Council Members

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:

a) default Approve Minutes of City Council Meeting - August 22, 2011

b) default Approve Minutes of Special Council Meeting/Strategic Planning Session - August 29, 2011

c) default Approve Minutes of Special Council Meeting - September 1, 2011

d) Approve Bills 08/05/11-08/11/11, 08/12/11-08/18/11, 08/19/11-08/25/11

e) Approve Payroll default 08/08/11-08/21/11

f) default Approve a Resolution Regarding the Release of Executive Session Minutes

g) default Authorize Rochelle Township High School Homecoming Parade - September 29, 2011

2) Third Amendment to Annexation Agreement – Creekside Subdivision Unit 1 f/k/a Kings Crossing (Public Hearing and Continuance)

3) Annexation Agreement – Coated Sand Solutions(Public Hearing and Action)

4) Annexation and Zoning – Coated Sand Solutions

5) Special Use Permit and Preliminary Plat – Coated Sand Solutions

6) Amendment to the Lee County Enterprise Zone – Coated Sand Solutions

7) Rochelle Veterans War Memorial Special Use Permit – 927 North 7th Street

8) Ordinance Authorizing Purchase of Real Property for Public Use – 921 First Avenue

VII. DISCUSSION ITEMS:

1) Train Noise Evaluation Report

VIII. EXECUTIVE SESSION

IX. ADJOURNMENT

X. COUNCIL COMMITTEE MEETINGS

Agenda Item #2 - Third Amendment to Annexation Agreement Creekside Subdivision Unit 1 f/k/a Kings Crossing Subdivision (Public Hearing and Continuance)

References:

Recommended Action:

Continue the Public Hearing

History and Fact:

The Kings Crossing Annexation Agreement was approved by the Mayor and Council on April 10, 2006 to facilitate a 492.9 acre development north of Flagg Road. On May 5, 2011 Creekside Land Holdings, LLC became a successor to the agreement when they purchased the remainder of the development. Creekside Land Holdings has proposed an amendment to the existing annexation agreement in order to construct a 31 lot residential subdivision, identified as Creekside Subdivision Unit 1, on 19.4 acres of the property. On August 8, 2011 a Public Hearing to discuss the proposed amendment was opened and continued because the amendment had not been finalized. On August 22, 2011 City staff and representatives of Creekside Land Holdings, LLC discussed the proposed terms of the amendment and continued the hearing until September 12, 2011.

Discussion:

Spencer Hayden, representing Creekside Land Holdings, LLC, has requested that the Public Hearing be continued until the September 26, 2011 City Council meeting due to ongoing negotiations with the Flagg Rochelle Park District and local school districts.

Recommendation:

Continue the Public Hearing

Agenda Item #3 -5 

Annexation Agreement – Coated Sand Solutions (Public Hearing and Action)

Ordinance Annexing Certain Territory and Zoning it I-2

Ordinance Approving a Special Use Permit and Preliminary Plat

References:

default Coated Sand Solutions Annexation Agreement

default Ordinance Approving Coated Sand Solutions Annexation Agreement

default Ordinance Annexing Certain Territory and Zoning it I-2, General Industrial District

default Memo from Chris Limas Community Development Director

default Ordinance Approving a Special Use Permit and Preliminary Plat

Recommended Action:

Consider Annexation Agreement, Ordinance Annexing Certain Territory and Zoning and Ordinance Approving a Special Use Permit and Preliminary Plat

History and Fact:

A Public Hearing to discuss the annexation agreement for Project True Grit, a/k/a Coated Sand Solutions, was opened on August 8, 2011. At that time, Economic Development Director Jason Anderson provided an overview of the agreement and an update on the project. Since the terms of the agreement were not finalized, the Public Hearing was continued at the August 8th and August 22nd meetings. Coated Sand Solutions plans to construct a large silica sand coating facility on 28.05 acres of property adjacent to Steward Road and east of Illinois River Energy.

Discussion:

On August 1, 2011 the Planning and Zoning Commission conducted a Public Hearing to review the petitions for annexation and rezoning, preliminary plat and special use permit. After review of the petitions, the Planning and Zoning Commission found the Coated Sands Solution request to be appropriate for the site based on the Comprehensive Plan and in general conformance to the Rochelle Municipal Code. The Commission recommended approval of the I-2 (General Industrial District) Zoning, Preliminary Plat and Special Use Permit, allowing Coated Sand Solutions to operate a silica sand coating facility with related height variances subject to final staff approval by a vote of 5-0. The annexation agreement with Coated Sand Solutions has been finalized and Jason Anderson and Attorney Cooper will provide a summary of the terms and respond to questions from the Mayor and Council.

Recommendation:

Authorize an Ordinance Approving the Coated Sand Solutions Annexation Agreement

Approve an Ordinance Annexing Certain Territory and Zoning it I-2

Authorize an Ordinance Approving a Special Use Permit and Preliminary Plat for Coated Sand Solutions

Agenda Item #6 - Amendment to the Lee County Enterprise Zone - Coated Sand Solutions

References:

default Attached Ordinance Amending Ordinance No. 01-3051 – Enterprise Zone

default Attached Intergovernmental Agreement Amendment #15

 Recommended Action:

Consider Ordinance Amending Ordinance No. 01-3051 (Enterprise Zone)

Consider Intergovernmental Agreement Amendment #15

History and Fact:

On December 23, 1986 the City of Dixon and County of Lee entered into an Intergovernmental Agreement to provide for the administration of an enterprise zone encompassing contiguous portions of the City of Dixon and County of Lee. The agreement was subsequently amended to include the City of Amboy, Village of Ashton, Village of Franklin Grove, Village of Paw Paw, City of Rochelle and Ogle County. As part of the agreement the government units included have indicated their willingness and desire to extend the boundaries of the Lee County Enterprise Zone to include additional properties, alter incentives, and alter the termination date of the zone.

Discussion:

The Lee County Enterprise Zone plans to submit an application to the State of Illinois for zone changes. The ordinance amendment includes a territory expansion of 28.10 acres to include the future home of Coated Sand Solutions. Economic Development Director Jason Anderson will be in attendance to provide additional information and answer any questions.

Recommendation:

Approve an Ordinance Amending Ordinance No. 01-3051 (Enterprise Zone)

Approve Intergovernmental Agreement Amendment #15

Agenda Item #7 - Rochelle Veterans War Memorial Special Use Permit - 927 North 7th Street

References:

default Memo from Chris Limas, Community Development Director

default Ordinance Approving a Special Use Permit for a Veterans War Memorial

default Daytime Depiction of Memorial

default Nighttime Depiction of Memorial

Recommended Action:

Consider a Special Use Permit to Allow a Veterans War Memorial at 927 North 7th Street

History and Fact:

The City of Rochelle owns a vacant lot at 927 North Seventh Street, situated at the intersection of Highway 251 and 10th Avenue. In September of 2010 the Mayor and Council approved a resolution supporting the efforts of a citizens group interested in erecting a Veterans Memorial on the property. Following approval of the resolution, the citizens group legally established a nonprofit organization identified as the Rochelle Veterans War Memorial Association. The Planning and Zoning Commission voted to recommend approval of a Special Use Permit at their August 1, 2011 meeting and the Mayor and Council subsequently considered the request at the August 8, 2011 City Council Meeting. Due to a question regarding the notification of residents in the area, the Mayor and Council referred the Special Use Permit back to the Planning and Zoning Commission.

Discussion:

On September 6, 2011 the Planning and Zoning Commission conducted a public hearing to consider a request to construct the Rochelle Veterans War Memorial at 927 N 7th Street. Several aspects of the site plan were discussed during the public hearing including lighting, maintenance of the site, safety for visitors and parking and alley access. The Commission indicated that any lighting on the site should not impact the surrounding properties. The Rochelle Veterans War Memorial Association indicated that they would maintain the memorial if the City did not. After review of the facts, the Planning and Zoning Commission voted to recommend approval of the Special Use Permit for a Veterans Memorial at 927 North 7th Street by a vote of 5-3.

Recommendation:

Authorize an Ordinance Granting a Special Use Permit to Allow the Construction of the Rochelle Veterans War Memorial at 927 North 7th Street

Agenda Item #8 - Ordinance Authorizing Purchase of Real Property for Public Use - 921 1st Avenue

References:

default Memorandum of Real Estate Sale Agreement

default Email from Rob Paulson

default Ordinance Authorizing Purchase of Real Property for Public Use (Two Vacant Lots at 921 First Avenue

Recommended Action:

Consider Purchase of Two Vacant Lots at 921 First Avenue

History and Fact:

Several months ago Robert Paulson contacted the City and expressed his desire to sell two vacant lots located at 921 First Avenue. These lots are located directly west and south of property which the City owns for future expansion of the Rochelle Railroad Park. On August 16, 2011 the City Manager and Robert Paulson executed a Memorandum of Real Estate Sale Agreement for the two lots which includes a purchase price of $20,000 and the City bearing all closing costs. The Mayor and Council discussed this purchase at the August 22, 2011 City Council meeting and continued their discussions in executive session.

Discussion:

Mr. Paulson has provided an email with his rationale for the $20,000 purchase price. In addition, the Ogle County Assessor's office has confirmed that the 2011 valuation for the land is $9332 which equates to a market value of $27,996. The 2011-12 Hotel-Motel Fund includes $100,000 for the purchase of property to expand the Rochelle Railroad Park which can be used to fund this purchase.

Recommendation:

Approve an Ordinance Authorizing Purchase of Real Property for Public Use (Two Vacant Lots at 921 First Avenue for Railroad Park)

Discussion Item #1 - Train Noise Evaluation Report

Residents in Rochelle have voiced concerns for several years about the "noise" associated with the trains traveling throughout the community. In response to these concerns, the City hired Acoustic Associates, specializing in acoustics, sound assessment and noise control, to measure and analyze the train sounds. On July 6, 2011 sound data was collected at the Rochelle Railroad Park on two sets of recording equipment from six trains. City Engineer Sam Tesreau will be in attendance to discuss the results of the study, methods available to reduce the impact of the train horns and respond to questions from the Mayor and Council.

References: default Train Noise Evaluation Report

I. CALL TO ORDER:

• Pledge to the Flag

• Prayer

II. ROLL CALL:

III. BUSINESS ITEMS:

1) Rochelle Industrial Rail Improvement Project – Nippon Sharyo

2) ProLogis Park Rochelle Unit One Water And Sewer Improvements – Nippon Sharyo

IV. ADJOURNMENT

Agenda Item #1 - Rochelle Industrial Rail Improvement Project – Nippon Sharyo

 References:

default Recommendation from Fehr Graham & Associates

Recommended Action: Consider bids for the Rochelle Industrial Rail Improvement Project.

History and Fact: On March 28, 2011 the Mayor and Council approved a Development Agreement between the City, ProLogis Land and Nippon Sharyo to facilitate the construction of a passenger railcar facility in the ProLogis Industrial Park. Included in this agreement are provisions for the City to extend the existing City Industrial Rail, located in ProLogis Park, to the western lot line of the Nippon Sharyo Parcel. The Nippon Sharyo facility is currently under construction and plans to be operational in spring of 2012.

Discussion: Subsequent to the required public notice, bids for the rail improvement project will be opened on August 31, 2011. Our consultant, Fehr-Graham & Associates, will review the bids and provide a recommendation of bid award to the Mayor and Council at the meeting. The 2011-12 Railroad Fund Capital Outlay Budget includes $5,000,000 for the rail improvements required to serve the Nippon Sharyo site. This project is expected to be funded through a $5,500,000 grant from the Illinois Department of Transportation, Division of Public and Intermodal Transportation.

Recommendation: Consider bids for the Rochelle Industrial Rail Improvement Project.

Agenda Item #2 -  ProLogis Park Rochelle Unit One Water and Sewer Improvements – Nippon Sharyo

References:

default Memo from Kathy Cooper Superintendent of Water/Water Reclamation

default Recommendation from Fehr-Graham & Associates

Recommended Action: Consider bids for the ProLogis Park Rochelle Unit One Water and Sewer Improvements

History and Fact: The Development Agreement between the City, ProLogis and Nippon Sharyo, approved early this year, also includes provisions for the City to install water and sewer main to the Nippon Sharyo site. Plans include the construction of approximately 1,000 feet of 8" sewer main from the existing terminus on Ritchie Road north to the Nippon Sharyo site. In addition, approximately 6,100 feet of 12" water main will be installed from Ritchie Road, north to the Nippon Sharyo site, diagonal along the property line and under Interstate 88 to the Americold property where it will connect to an existing 12" water main on Wiscold Drive. The connection between the two water mains is necessary to provide the fire flow requirements at the Nippon Sharyo facility.

Discussion: Subsequent to the required public notice, bids for the water and sewer improvements will be opened on August 30, 2011. Our consultant, Fehr-Graham & Associates, will review the bids and provide a recommendation of bid award to the Mayor and Council at the meeting. The 2011-12 Capital Outlay Budget includes $350,000 in the Water Fund and $125,000 in the Water Reclamation Fund for the improvements to serve Nippon Sharyo. This project is expected to be funded via a $1,000,000 Community Development Assistance Program grant through the Department of Commerce and Economic Opportunity.

Recommendation: Consider bids for the ProLogis Park Rochelle Unit One Water and Sewer Improvements

 City Council Meeting Agenda - August 22, 2011

I. CALL TO ORDER:

• Pledge to the Flag

• Prayer

II. ROLL CALL:

III. PROCLAMATIONS, COMMENDATIONS, ETC:

IV. REPORTS AND COMMUNICATIONS:

• Mayor - Approve Dr. Joe Theile as Chairman of Planning & Zoning Commission

• Council Members

• default Financial Statements - July 2011

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:

a) default Approve Minutes of City Council Meeting - August 8, 2011

b) Approve Bills 07/29/11-08/04/11

c) default Approve Payroll 07/25/11-08/07/11

d) Establish Annual Trick-r-Treat Schedule October 31, 2011 from 5:00pm-8:00pm

2) Third Amendment to Annexation Agreement – Creekside Subdivision Unit 1 f/k/a Kings Crossing (Public Hearing and Continuance)

3) Annexation Agreement – True Grit (Public Hearing and Continuance)

4) License Agreement between the City and Prologis Land – Extension of City Railroad

5) Ordinance Authorizing Purchase of Real Property for Public Use – 921 First Avenue

6) Ordinance Amending Code to Create One Package Beer & Wine Liquor License

7) Resolution Authorizing Illinois Department of Transportation Utility Permit Application for Public Improvements – Sanitary Sewer Extension to the Airport

8) Ordinance Authorizing the Assignment of City's Option Rights (Remaining Tech Park Property)

9) Creston Road Rail Crossing Improvement Project

VII. DISCUSSION ITEMS:

VIII. EXECUTIVE SESSION

IX. ADJOURNMENT

Agenda Item #2 - Third Amendment to Annexation Agreement - Creekside Subdivision Unit 1 f/k/a Kings Crossing (Public Hearing and Continuance)

References:

default Third Amendment to Annexation Agreement

default Memo from City Manager David Plyman

Recommended Action:

Continue the Public Hearing

History and Fact:

The Mayor and Council approved the Kings Crossing Annexation Agreement with Wyndham Foxford, LLC on April 10, 2006 for a 492.9 acre development located north of Flagg Road. On August 8, 2011 a Public Hearing was held to discuss a proposed amendment to the annexation agreement. The amendment between the City and Creekside Land Holdings LLC, successor to the Kings Crossing Annexation Agreement, is being proposed to facilitate a 31 lot residential subdivision. The Public Hearing was opened and continued because the modifications to the agreement were not finalized. Once an amendment is finalized and approved, the developer plans to establish Creekside Subdivision on 19.4 acres of land north of Flagg Road and west of 20th Street.

Discussion:

Spencer and Tim Hayden, representing Creekside Land Holdings LLC, have had several meetings with City staff over the past few months to discuss modifications to the existing annexation agreement. The attached amendment includes provisions which the developers believe are necessary to make the residential subdivision viable at this time. These provisions increase the City's obligation and are beyond the incentives that have been provided in prior agreements. The provisions, which deviate from past policy and practice, are detailed in the attached memo and will be discussed with the Mayor and Council at the City Council meeting. In order to spur residential development in the current economic climate, it may be necessary for the City to consider additional incentives. The Third Amendment to Annexation Agreement for Creekside Subdivision is anticipated to be on the September 12, 2011 City Council agenda providing the City and developer reach an agreement on the amendment.

Recommendation:

Discuss the Third Amendment to Annexation Agreement

Continue the Public Hearing

Agenda Item #3 Annexation Agreement – True Grit (Public Hearing and Continuance)

References:

Recommended Action:

Continue the Public Hearing

History and Fact:

A Public Hearing to discuss the annexation agreement for Project True Grit was opened and continued on August 8, 2011. Project True Grit plans to construct a large manufacturing/processing plant on 28 acres of property adjacent to Steward Road and east of Illinois River Energy.

Discussion:

City staff, Attorney Cooper, and True Grit representatives are still finalizing the terms of the annexation agreement. Staff recommends that the public hearing be continued until September 12, 2011 when the final agreement is anticipated to be complete and ready for the Mayor and City Council to take action.

Recommendation:

Continue the Public Hearing

Agenda Item #4 - License Agreement between the City and Prologis Land – Extension of City Railroad

References:

default License between Prologis Land, LLC and the City of Rochelle

Recommended Action:

Consider License between Prologis Land, LLC and the City of Rochelle

History and Fact:

The City of Rochelle will be extending the City Industrial Rail to the east, south of Interstate 88, in order to serve the Nippon Sharyo facility. To facilitate the rail construction the City has requested a license from Prologis Land for specific rights on the Prologis property.

Discussion:

The proposed license agreement grants the City temporary construction access on Prologis property, the ability to permanently extend the northern Prologis detention pond and the right to use material from the pond in the construction of the rail extension over Prologis property. Prologis has agreed to grant the license for the sum $10.00. The license will expire upon written notification of completion of the project or 1 year following the date of the agreement.

Recommendation:

Authorize the City Manager to Sign a License between Prologis Land, LLC and the City of Rochelle

Agenda Item #5 - Ordinance Authorizing Purchase of Real Property for Public Use – 921 First Avenue

References:

default Memorandum of Real Estate Sale Agreement

default Ordinance Authorizing Purchase of Real Property for Public Use (Two Vacant Lots at 921 First Avenue

Recommended Action:

Consider Purchase of Two Vacant Lots at 921 First Avenue

History and Fact:

Several months ago Robert Paulson contacted the City and expressed his desire to sell two vacant lots located at 921 First Avenue. These lots are located directly west and south of property which was previously purchased by the City to expand the Rochelle Railroad Park. Ross Freier, Director of Rochelle Tourism and Visitors Association, supports the purchase of the two lots for the expansion of the Rochelle Railroad Park.

Discussion:

On August 16, 2011 the City Manager and Robert Paulson executed a Memorandum of Real Estate Sale Agreement. The agreement includes a purchase price of $20,000 for the two lots with the City bearing all closing costs. Upon approval of the purchase by the Mayor and City Council, a closing will take place within 30 days. The 2011-12 Hotel-Motel Fund includes $100,000 for the purchase of property to expand the Rochelle Railroad Park which can be used to fund this purchase.

Recommendation:

Approve an Ordinance Authorizing Purchase of Real Property for Public Use (Two Vacant Lots at 921 First Avenue for Railroad Park)

Agenda Item #6 -  Ordinance Amending Municipal Code to Create One Package Beer & Wine Liquor License

References:

default Ordinance Amending Code to Create One Package Beer & Wine Liquor License

Recommended Action:

Consider an Ordinance Amending Municipal Code to Create One Package Beer & Wine Liquor License

History and Fact:

Wal-Mart has submitted a request for a package beer & wine liquor license. This liquor license request applies to their new store located at 311 East Route 38 in Rochelle.

Discussion:

The Liquor Commissioner, Mayor Chet Olson, has reviewed the request and has no objection to the creation of an additional package beer & wine liquor license. The City of Rochelle Municipal Code currently allows for three package beer & wine licenses; considering the addition of this license for Wal-Mart, the total number would be four.

Recommendation:

Approve an Ordinance Amending Section 6-46 of the Municipal Code of the City of Rochelle to Create One Package Beer & Wine Liquor License

Agenda Item #7 - Resolution Authorizing Illinois Department of Transportation Utility Permit Application for Public Improvement – Sanitary Sewer Extension to the Airport

References:

default Memo from Don Elliott Superintendent of Streets, Cemetery & Airport

default Resolution Authorizing Utility Permit Application

default Illinois Department of Transportation Utility Permit

Recommended Action:

Consider a Resolution Authorizing Illinois Department of Transportation Utility Permit Application for Public Improvement – Sanitary Sewer Extension to the Airport

History and Fact:

On March 21, 2011 the Mayor and City Council approved a Land Lease Agreement with Sky Team Incorporated to facilitate operation of the Chicagoland Skydiving Center at the Rochelle Municipal Airport. The lease included provisions that the City, at its sole expense, would provide sanitary sewer and water to the boundary of the leased premises.

Discussion:

Approximately 1800 linear feet of the required sanitary sewer extension will be located on Route 251 right-of-way. The City will need to obtain a utility permit from the Illinois Department of Transportation (IDOT) in order to do the work in the IDOT right-of-way. IDOT requires all government agencies to pass a resolution authorizing the utility permit, guaranteeing that all work will be performed within the conditions of the permit and holding IDOT harmless for damages that may occur as a result of the project. Bids to extend sanitary sewer to the Rochelle Municipal Airport will be opened on August 25, 2011. It is anticipated that the September 12, 2011 City Council agenda will include a business item to approve the recommended bid so construction can begin this fall.

Recommendation:

Approve a Resolution Authorizing Illinois Department of Transportation Utility Permit Application for Public Improvement – Sanitary Sewer Extension to the Airport

Agenda Item #8 - Ordinance Authorizing Assignment of City's Option Rights (Remaining Tech Park Property)

References:

default Memo from Scott Rozanas Business Development Manager

default Ordinance Authorizing Assignment of City’s Option Rights

default Assignment of Option Agreement

Recommended Action:

Consider an Ordinance Authorizing Assignment of City's Option Rights (Remaining Tech Park Property)

History and Fact: In 2007 the City of Rochelle purchased 20.33 acres for the construction of the RMU Technology Center. In addition, the City acquired a three year real estate option on approximately 140 acres east of Dement Road and north of Route 38 from the Greater Rochelle Economic Development Corporation (GREDCO). These actions were taken to initiate the development of the Rochelle Business and Technology Park. Additional property has since been purchased through the option agreement and subsequently sold to Allstate, Northern Trust and Ogle County.

Discussion:

The original option period has been extended and the City currently holds an option on 94.50 acres of property which will expire on December 31, 2011. Over the past couple of years the City has done some limited marketing through the development of brochures, targeted mailings and magazine ads. The latest mailing in Spring of 2011 did not result in any inquiries from interested prospects. GREDCO has agreed to accept assignment of the City's rights, negotiate a new option agreement with the property owners and actively market the property through a real estate broker.

Recommendation:

Approve an Ordinance Authorizing Assignment of City's Option Rights (Remaining Tech Park Property)

Agenda Item #9 - Creston Road Rail Crossing Improvement Project

References:

default Memo from Sam Tesreau City Engineer

default Recommendation Letter from Fehr-Graham & Associates

Recommended Action:

Consider bids for the Creston Road rail crossing improvement project.

History and Fact:

The City Industrial Rail crossing over Creston Road has deteriorated to a condition which requires complete replacement. This section of rail was constructed in the mid 1980's and has become a critical delivery route to our industries on Caron Road, Wiscold Drive and Steward Road.

Discussion:

Earlier this year the engineering firm of Fehr-Graham & Associates was hired to develop plans for the Creston Road crossing replacement. During field inspections it was determined that unstable soil and base course as well as the age of the existing rail track, ties and accessories contributed to the failure of the crossing. Subsequent to the required public notice, bids for the crossing replacement project were opened on August 9, 2011 with two contractors submitting bids. Staff and our consultant, John Vendel of Fehr-Graham, have reviewed the bids and determined that Brandt Construction Company is the low bidder with their bid of $161,337.50. The 2011-12 Railroad Fund Capital Outlay Budget includes $99,000 for the Creston Road crossing replacement. Sam Tesreau recommends proceeding with the crossing replacement project due to the available balance in the City Railroad fund and the possibility of grants that may fund other rail crossings included in the budget.

Recommendation:

Consider the bid of $161,337.50 from Brandt Construction Company and reject all other bids.

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
• Veterans Memorial Project Update - Pal Colwill

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:

a) Approve Minutes of City Council Meeting - Approve Minutes of City Council Meeting- default June 27, 2010 default

b) default Accept and Place on File Minutes of Airport Advisory Board Meeting - April 14, 2011

c) Approve Bills 06/17/11-06/23/11

d) Approve Payroll default 06/13/11-06/26/11

e) default Authorize the Annual Kiwanis Peanut Day at Designated Intersections-September 9, 2011

2) Amendment to Illinois River Energy Annexation Agreement Rider (Public Hearing and Action)

3) Ordinance Amending Municipal Code to Create One Restaurant/Recreation Liquor License

4) Purchase of Ambulance - Fire Department

VII.  DISCUSSION ITEMS:

1)  Council Committees

VIII. EXECUTIVE SESSION

IX.  ADJOURNMENT

BUSINESS ITEMS:  

Agenda Item #2 - Amendment to Illinois River Energy Annexation Agreement Rider (Public Hearing and Action)

References:

default default Attached Amendment to Annexation Agreement

default Attached Ordinance Approving an Amendment to Rider to Annexation Agreement

Recommended Action:

Conduct the Public Hearing

Consider Ordinance Approving an Amendment to Rider of Annexation Agreement (Illinois River Energy)

History and Fact:

The Mayor and City Council approved an Annexation Agreement between the City and DP Industrial, LLC on July 14, 2003. The Annexation Agreement included a Rider governing the rights and obligations related to an 81.087 acre tract of land due to an anticipated real estate exchange between DP Industrial and Illinois River Energy. Illinois River Energy is now the owner of the property.

Discussion:

As discussed at the April 25, 2011 City Council Meeting, multiple industries are interested in locating facilities east of Illinois River Energy (IRE). In order to connect the City's existing lead track, a rail extension will need to be constructed across IRE property to Steward Road. An easement agreement has been drafted to facilitate this connection which includes the existing southernmost IRE rail and additional IRE property that the City could use to construct an additional rail. The proposed easement agreement is currently being reviewed by attorneys representing Ryder and IRE. In exchange for the necessary easements, the City will need to amend the existing annexation agreement rider to negate IRE's obligation to contribute to the southward expansion of the City rail. The execution of the Amendment to Rider to Annexation Agreement will be subject to an Easement/License Agreement for extension of the City railroad across the IRE property.

Recommendation:

Conduct the Required Public Hearing

Authorize an Ordinance Approving an Amendment to Rider of Annexation Agreement (Illinois River Energy)

Agenda Item #3 - Ordinance Amending Municipal Code to Create One Restaurant/Recreation Liquor License

References:

default Attached Ordinance Amendment

Recommended Action:

Consider an Ordinance Amending Municipal Code to Create One Restaurant/Recreation Liquor License

History and Fact:

The proprietor of Dance One Night Club has submitted a request for a restaurant/recreation liquor license. This business plans to locate at 640 South Seventh Street in Rochelle.

Discussion:

The Liquor Commissioner, Mayor Chet Olson, has reviewed the request and has no objection to the creation of an additional restaurant/recreation license. The City of Rochelle Municipal Code allows for a maximum of five restaurant/recreation licenses. Considering the addition of this license for Dance One Night Club, the total number of restaurant/recreation licenses issued in the City would be four.

Recommendation:

Approve an Ordinance Amending Section 6-46 of the Municipal Code of the City of Rochelle to Create One Restaurant/Recreation Liquor License

Agenda Item #4 - Purchase of Ambulance - Fire Department

References:

default Attached Memo from Fire Chief Brian Johnson

Recommended Action:

Consider bids for the purchase of an ambulance for the Fire Department.

History and Fact:

The 2011-12 Ambulance Fund Budget includes $158,000 for the purchase of a new ambulance for the Fire Department. The ambulance will replace a 1996 MedTec model which has high mileage and increasing repair issues.

Discussion:

Subsequent to the required public notice, the City opened one bid for a new ambulance on July 6, 2011. Fire Chief Brian Johnson has reviewed the bid from Foster Coach Sales and recommends acceptance of the bid of $157,878 minus a trade in allowance for the 1996 ambulance for a total of $150,378. The Fire Department currently utilizes this make and type of ambulance and has found them to be reliable vehicles.

Recommendation:

Approve the bid from Foster Coach Sales for a total of $150,378.

Discussion Item #1 - Communication and Information Sharing Between City Council - City Manager - City Staff

The Mayor and City Council will discuss opportunities for enhancing the communication and information sharing between City Council, City Manager and City staff. The objective is to provide for the open and transparent exchange of information between all of the City stakeholders while respecting the confidential and proprietary nature of the information. Ideally, the communication mechanism will provide for the sharing of worthwhile information, avoid additional unnecessary meetings and uphold the City Manager's role of Chief Administrative officer. Options under consideration are the establishment of committees, council liaisons to staff, and council assignments for attendance at established meetings.

Discussion Item #2 - Code Modifications - Chapter 86 Subdivisions

Since early 2008, City staff members have been working on a project to modify several chapters of the Municipal Code of the City of Rochelle to ensure that regulations are clear, concise and support the vision of the community. Modifications to Chapter 22, developed as part of this project, were approved by Council in November of 2010. The Planning and Zoning Commission reviewed modifications to Chapter 86 at their meeting on June 7, 2010 and, following some minor revisions, voted to recommend approval on July 6, 2010 by a vote of 6-0. Following that vote, Chris Limas led a discussion on the proposed modifications at the July 12, 2010 City Council Meeting. Since that time additional changes have been made based on input from community stakeholders. The latest draft of Chapter 86 is now ready for council review and City staff is seeking input from the council as to how this review should be conducted.

References:

default Red-lined Chapter 86 Subdivisions

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:

• default Mayor - Appointments to Boards and Commissions Effective July 1, 2011
• Council Members
• default Financial Statements May 2011

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

               a) Approve Minutes of City Council Meeting - default June 13, 2011

               b) Approve Bills default 05/27/11-06/09/11 , default 6/10/11-06/16/11

               c) Approve Payroll default 05/30/11-06/12/11

               d) default Authorize VFW 4th of July Parade - July 4, 2011

               e) default Appoint NIMPA Representative and Alternate

               f) default Authorize Residents to hold a Picnic in the Northwest Corner of Tilton Park Drive - July 9, 2011

2) CDAP Grant

3) Purchase of Cab & Chassis – Street Department

4) Purchase of Dump Box, Hydraulics, Plow and Spreader – Street Department

5) Purchase of 4x4 Regular Cab Pickup Truck with Plow – Street Department

6) Electric Revenue Requirements, Cost of Service and Rate Design – RMU

7) Resolution for Caron Road Improvement Under the Illinois Highway Code

8) Reduction in Letter of Credit - Route 38 Improvements

VII. DISCUSSION ITEMS:

1)  default 2010 Census Data

VIII. EXECUTIVE SESSION

IX. ADJOURNMENT

---

BUSINESS ITEMS: DETAIL

Agenda Item #2 - CDAP Grant - Project True Grit (Public Hearing and Action)

References:

default Notice of Public Hearing

default Attached Memo – Jason Anderson, Economic Development Director

default Attached Minutes of the Public Hearing

default Attached Resolution of Support for a Community Development Assistance Program Grant

Recommended Action:

Conduct the Public Hearing for the Community Development Assistance Program Grant

History and Fact:

The Illinois Department of Commerce and Economic Opportunity has grant funds available through the Community Development Assistance Program (CDAP) that may be used to finance public improvements which support economic development. This includes water or sewer system upgrades to serve new and/or expanding businesses.

Discussion:

Over the past few years, several industries have located, or plan to locate, in the southeast quadrant of the City, south of I88 and east of South Main. Project True Grit, a large rail served manufacturing/processing plant, is also considering the southeast quadrant as a location for their new facility. In order to continue meeting the sanitary sewer needs in that region, the construction of an additional lift station on Caron Road is required. The City is seeking $300,000 in CDAP grant funds to facilitate the development of True Grit which combined with the CDAP grant awarded for the Nippon Sharyo will fund over half the cost of the lift station. Additional grant funds are being sought to finance the balance of the cost.

Recommendation:

Conduct the Required Public Hearing

Approve Resolution of Support for Community Development Assistance Program Grant associated with Project True Grit

Agenda Item #3 - Purchase of Cab & Chassis - Street Department

References:

default Attached Memo from Don Elliott, Superintendent of Streets, Cemetery & Airport

Recommended Action:

Consider bids for the purchase of a cab and chassis for the Street Department.

History and Fact:

The 2011-12 General Fund Capital Budget includes $68,000 for the purchase of a one ton cab and chassis (equipped with a dump box, hydraulics, plow and spreader) for the Street Department. The new truck will replace a 1999 one ton truck equally equipped.

Discussion:

Subsequent to the required public notice, the City opened the following two bids for a one ton cab and chassis on June 16, 2011: Anderson Rock River Ford $33,637 and Prescott Brothers Ford $35,667. Both of these bids take into consideration the trade-in value of the existing truck as a credit. This vehicle, as specified, is also available through the Illinois Department of Central Management Joint Purchasing Program at a cost of $39,329. City staff reviewed the bids and found that the Anderson Rock River Ford bid did not meet the minimum specifications in at least one area. Superintendent of Streets Don Elliott recommends acceptance of the Prescott Brothers Ford bid of $35,667 due to the guaranteed trade in value.

Recommendation:

Approve the bid from Prescott Brothers Ford, less the trade-in, for a total of $35,667.

Agenda Item #4 - Purchase of Dump Box, Hydraulics, Plow and Spreader - Street Department

References:

default Attached Memo from Don Elliott, Superintendent of Streets, Cemetery & Airport

Recommended Action:

Consider bids for the purchase of a dump box, hydraulics, plow and spreader for the Street Department.

History and Fact:

As stated in the previous agenda item, the 2011-12 General Fund Capital Budget includes $68,000 for the purchase of a one ton cab and chassis equipped with a dump box, hydraulics, plow and spreader for the Street Department. The equipment specified in this bid will be installed on the one ton cab and chassis approved in the previous agenda item.

Discussion:

Subsequent to the required public notice, the City opened a single bid submitted for a dump box, hydraulics, plow and spreader on June 16, 2011. Superintendent of Streets Don Elliott has reviewed the bids and recommends the acceptance of the apparent low bidder, Bonnell Industries, with a bid of $31,791 for the purchase and installation of a new dump body, plow, spreader and hydraulic system on the one ton cab and chassis previously approved.

Recommendation:

Approve the bid from Bonnell Industries for a total of $31,791.

---

Agenda Item #5 - Purchase of 4 x 4 Regular Cab Pickup Truck with Plow - Street Department

References:

default Attached memo from Don Elliott, Superintendent of Streets, Cemetery & Airport

Recommended Action:

Consider bids for the purchase of a 4x4 regular cab pickup truck with plow for the Street Department.

History and Fact:

The 2011-12 General Fund Capital Budget includes $34,000 for the purchase of a ¾ ton 4x4 pickup truck for the Street Department. The new truck will replace a 1996 pickup truck equipped with a plow and endgate lift.

Discussion:

Subsequent to the required public notice, the City opened the following three base bids for a 4x4 regular cab pickup truck with plow on May 19, 2011: Sawicki Motors $30,830, Prescott Brothers Ford $32,465.30 and Anderson Rock River Ford $33,186. In addition the dealers provided trade in allowances and options for diesel engine and endgate lift upgrades. This vehicle, as specified in the base bid, is also available through the Illinois Department of Central Management Joint Purchasing Program at a cost of $28,569. City staff reviewed the bids and found that Sawicki Motors does not meet the specifications in multiple areas. Superintendent of Streets Don Elliott recommends the acceptance of the Prescott Brothers Ford bid of $32,465.30 with the endgate lift option of $2,591 minus the guaranteed trade in allowance of $3,500 for a total of $31,556.30 in order to keep the purchase local.

Recommendation:

Approve the bid from Prescott Brothers Ford, including the endgate lift option and trade-in allowance, for a total of $31,556.30.

Agenda Item #6 - Electric Revenue Requirements, Cost of Service and Rate Design - RMU

References:

default Attached Proposal from Baker Tilly for Consulting Services

Recommended Action:

Consider a proposal from Baker Tilly Virchow Krause, LLP for consulting services related to electric revenue requirements, cost of service and rate design for RMU

History and Fact:

The cost of service methodology used to determine the rates for Rochelle Municipal Utilities (RMU) electric customers was last accomplished in 1998. Since that time the method for providing electricity, diversity of RMU customers and the upcoming Prairie State Project have significantly changed the electric business at RMU.

Discussion:

Interim City Manager Meggon McKinley requested that Utility Advisory Board Member Ray Schwartz obtain a proposal from an outside source for an electric rate study. The purpose of this study is to ensure that RMU continues to remain competitive in the electric market based on cost of service and customer base. Mr. Schwartz contacted Russ Hissom of Baker Tilly for a proposal based on Mr. Hissom's involvement and the firm's support during the 1998 rate design. Baker Tilly has identified a scope of services for revenue requirements, cost of service and rate design for a fee not to exceed $27,590. Pending approval of the proposal, Baker Tilly will prepare a final report and recommendations to be presented to the City in fall of 2011.

Recommendation:

Authorize the City Manager to engage the firm of Baker Tilly for consulting services

related to electric revenue requirements, cost of service and rate design for RMU

Agenda Item #7 - Resolution for Caron Road Improvement Under the Illinois Highway Code

References:

default Attached memo from Sam Tesreau, City Engineer

default Attached Resolution for Improvement by Municipality Under the Illinois Highway Code

Recommended Action:

Consider a Resolution for Improvement by Municipality Under the Illinois Highway Code for Caron Road

History and Fact:

In the 1990's, through an intergovernmental agreement between the City and Ogle County, the County managed a Caron Road improvement project. Ogle County was the lead agency at that time but the jurisdiction of the improvements has since been transferred to the City of Rochelle. The City should have approved a resolution to appropriate Motor Fuel Tax (MFT) funds in the amount of $417,682.23 in conjunction with the project.

Discussion:

The Illinois Department of Transportation (IDOT) recently completed an audit on the Caron Road project and did not find the required resolution. Approval of the resolution will allow IDOT to officially authorize all engineering and/or construction disbursements associated with the project. No additional funds will be disbursed as a result of this resolution.

Recommendation:

Approve a Resolution for Improvement by Municipal Under the Illinois Highway

Code for Caron Road in the Amount of $417,682.23.

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Agenda Item #8 - Reduction in Letter of Credit - Lighthouse Pointe Subdivision Route 38 Improvements

References:

default Memo from Sam Tesreau, City Engineer

Recommended Action:

Consider a Reduction in the Letter of Credit for Lighthouse Pointe Subdivision Route 38 Improvements

History and Fact:

An irrevocable letter of credit, No. S2009-121, for $1,958,797.39 was originally submitted to the City of Rochelle by North Route 38 LLC to secure their obligations related to offsite improvements located on and adjacent to Illinois Route 38. In addition, the developer has posted a bond for the improvements with the Illinois Department of Transportation (IDOT) due to IDOT's jurisdiction over the Illinois Route 38 right of way.

Discussion:

Ryan Fitzgerald, representing North Route 38 LLC, has requested a reduction in the letter of credit based on the completion of a portion of the improvements and the fact that there are three levels of surety for the same improvements: the letter of credit, the IDOT bond and the general obligation bonds issued under the TIF District. City Engineer Sam Tesreau has reviewed the request and estimates that there are over $900,000 worth of improvements yet to be completed which are secured by this letter of credit. The IDOT bond does not allow the City to draw on surety funds in the event there is a need which, providing the City's surety is reduced, will leave IDOT in control of the completion of the Route 38 improvements. City Engineer Sam Tesreau recommends that if a reduction in the letter of credit is granted the surety should not be less than 10%, $196,000, of the original surety amount and that a replacement letter of credit be submitted for a period of not less than 24 months prior to release of the original surety. Wal-Mart is also a beneficiary to the irrevocable letter of credit, No. S2009-121, and will have to concur before the surety can be reduced.

Recommendation:

Approve a Reduction in the Letter of Credit for Lighthouse Pointe Subdivision Route 38 Improvements

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:

• IMEA Scholarship Presentation to Anna O'Malley
• Presentation by Former City Manager, Joe Salitros

IV. REPORTS AND COMMUNICATIONS:

• Mayor
• Council Members
• Employee Introductions - default Scott Rozanas ,  default Sonny Streit , default Jesse Jones

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

• a)Approve Minutes of City Council Meeting –   default May 23, 2011  
• b) Accept and Place on File Minutes of Planning & Zoning Commission - default May 2, 2011
• c) Approve Bills 05/13/11-05/19/11, 05/20/11-05/26/11
• d) Approve Payroll default 05/02/11-05/15/11 , default 05/16/11-05/29/11
• e) default Approve Ordinance Establishing Prevailing Wage Rates
• f) default Authorize the Rochelle United Methodist Church to Use the Main Street Gazebo - July 9, 2011
• g) default Accept and Place on File Annual Treasurers Report - Rochelle Police Pension
• h) Appointment of David S. Plyman to the office of City Manager

2) Second Amendment to Annexation Agreement Prologis Park (Public Hearing and Action)

3) Purchase of Two Trucks – RMU Water and Water Reclamation Divisions

4) Purchase of Tractor and Mower Attachments – Street Department

5) Ordinance Amending Municipal Code – Stop Signs Ave B and South 12th Street

6) Amended and Restated Land Lease Agreement between the City and Sky Team, Inc.

7) Preliminary and Final Plat - Prologis Park Rochelle Unit Three

8) Permitted Facilities Agreement between the City and BP – Spur Track Crossing Pipeline

9) Incentive Options to Occupy the Former WalMart Facility

I. DISCUSSION ITEMS:

II. EXECUTIVE SESSION

III. ADJOURNMENT

BUSINESS ITEMS: DETAIL

Agenda Item #2 - Second Amendment to Annexation Agreement Prologis Park (Public Hearing and Action)

References:

default Attached Memo from Chris Limas, Community Development Director

default Attached Map of Billboard Locations

default Attached Second Amendment to Annexation Agreement

default Attached Ordinance Approving Second Amendment of Annexation Agreement (Prologis Park)

Recommended Action:

Conduct the Public Hearing

Consider Ordinance Approving Second Amendment of Annexation Agreement (Prologis Park)

History and Fact:

On May 9, 2011 the Mayor and Council approved the assignment of two billboard lease agreements between Prologis and CBS Outdoor Signs to the City of Rochelle. These signs were constructed on the south side of I-88 prior to annexation and development of the industrial park and have been located in this area for more than 25 years.

Discussion: To facilitate the construction of the Nippon Sharyo plant in Rochelle, Prologis was required to dedicate a 50 foot right-of-way to extend the City Industrial Rail along the edge of I-88. The CBS Outdoor signs are located inside the 50 foot right of way. Prologis is willing to give the City an easement to relocate the signs from their current locations. CBS Outdoor will move one of the signs at no expense to the City in the near future to accommodate the planned rail construction. The proposed Amendment to the Annexation Agreement will allow the signs to be moved to the new locations since they are non-conforming per our sign ordinance. Staff has reviewed the plan and recommends approval of the Amendment to the Annexation Agreement to allow the easement and relocation of the CBS Outdoor signs.

Recommendation:

Conduct the Required Public Hearing

Agenda Item #3 - Purchase of Two Trucks – RMU Water and Water Reclamation Divisions

References:

default Attached Memo from Kathy Cooper, Superintendent of Water/Water Reclamation

Recommended Action:

Consider bids for the purchase of two trucks for the Water/Water Reclamation Division of RMU

History and Fact:

The 2011-12 RMU Water Capital Budget includes $22,500 for the purchase of a three-quarter ton truck to replace an existing 2001, one ton truck in the Water Division. The 2011-12 RMU Water Reclamation Capital Budget also includes $45,000 for the purchase of a one ton truck to replace an existing 2000, one ton service truck. The one ton truck will be shared by both divisions and specifications include equipping the truck with a crane to be used for pulling pumps at lift stations, lifting hydrants, and moving other heavy equipment.

Discussion:

Subsequent to the required public notice, bids were opened on May 26, 2011 with two dealers submitting the following bids for the trucks as specified: Prescott Brothers Ford $59,299.40 and Sawicki Motors $58,720. These bids also take into consideration the trade-in value of the existing trucks as a credit. Superintendent of Water/Water Reclamation Kathy Cooper has reviewed the bids and recommends the acceptance of the apparent low bidder, Sawicki Motors, with a bid of $58,720 for a Chevy 2500 HD and a Chevy 3500 HD with a utility body and crane.

Approve the bid from Sawicki Motors for a total of $58,720

Agenda Item #4 - Purchase of Tractor and Mower Attachments – Street Department

References:

default Attached Memo from Don Elliott, Superintendent of Streets, Cemetery & Airport

Recommended Action:

Consider bids for the purchase of a utility tractor and two mower attachments for the Street Department.

History and Fact:

The 2011-12 General Fund Capital Budget includes $67,000 for the purchase of a utility tractor and two mower attachments for the Street Department. The addition of this equipment is necessary to maintain the increased amount of right-of-way along roads, in the Technology Park and at the airport which requires mowing.

Discussion:

Subsequent to the required public notice, bids for a utility tractor and mower attachments were opened on May 19, 2011, with one dealer submitting a bid. Superintendent of Streets Don Elliott has reviewed the bids and recommends the acceptance of the apparent low bidder, Johnson Tractor, with a bid of $66,200 for a new Kubota M7040 Utility Tractor, Woods BW180HB (batwing) Mower and Diamond River HD 2060 Boom Mower. The Street Department has had positive experiences with other Kubota products.

Recommendation:

Approve the bid from Johnson Tractor for a total of $66,200.

Agenda Item #5 - Ordinance Amending Municipal Code – Stop Signs Avenue B and South 12th Street

References:

default Attached Memo from Don Elliott, Superintendent of Streets, Cemetery & Airport

default Attached Ordinance Amending Chapter 94 of the Municipal Code to Change the Yield Intersection to a default Stop Intersection for East/West Traffic on Avenue B at South 12th Street.

Recommended Action:

Consider an ordinance amending the municipal code to change the yield intersection to a stop intersection for east/west traffic on Avenue B at South 12th Street.

History and Fact:

Since the completion of Jack Dame Road, which includes a local access point on Avenue B, traffic volumes on Avenue B have increased. Residents in the neighborhood have expressed concern over the increased traffic and the possible safety risk associated with the existing yield signs for east/west traffic at the intersection of Avenue B and South 12th Street.

Discussion:

At the City's request, Fehr-Graham and Associates completed an engineering study and have confirmed that the Manual on Uniform Traffic Control Device (MUTCD) requirements have been met to justify a change in the traffic control at this intersection. Based on this information, City staff members recommend changing the intersection at Avenue B and South 12th Street from yield to stop for east/west traffic. Upon approval of this ordinance, the yield signs will be replaced with stop signs to improve the traffic control and provide enforcement opportunities.

Recommendation:

Approve an ordinance amending Chapter 94 of the Municipal Code to change the yield intersection to a stop intersection for east/west traffic on Avenue B at South 12th Street.

Agenda Item #6 - Amended and Restated Land Lease Agreement between the City and Sky Team, Inc.

References:

default Attached Amended and Restated Land Lease Agreement

Recommended Action:

Consider an Amended and Restated Land Lease Agreement between the City and Sky Team, Inc.

History and Fact:

On March 21, 2011 the Mayor and Council approved a Land Lease Agreement between the City and Sky Team, Inc. for seven acres at the Rochelle Municipal Airport to be used for a skydiving business. Included in the Land Lease Agreement are provisions for the lessee to construct, at their cost, an aviation hanger, office buildings and other facilities related to the skydiving business. The lease is for 20 years with two additional 10 year renewal options.

Discussion:

As discussed at the May 23, 2011 City Council Meeting, Sky Team has requested that the lease be modified in order to facilitate the financing of the building construction. The original lease provided that Sky Team would have the right to use its leasehold interest as collateral for a loan to construct the building. The proposed modifications include specific protections for the lender under a leasehold mortgage including notice requirements and the ability to step into the tenant's shoes in the event the tenant defaults under the lease. The new provisions are found in paragraph 16, Leasehold Mortgage, which is entirely new to the agreement. Without these provisions, the tenant would not be able to obtain a leasehold mortgage to finance construction of the improvements required under the lease. City Attorney Alan Cooper has reviewed the proposed modifications and finds them to be reasonable.

Recommendation:

Approve an Amended Land Lease Agreement between the City and Sky Team, Inc.

Agenda Item #7 - Preliminary and Final Plat – Prologis Park Rochelle Unit Three

References:

default Attached Memo and Attachments from Chris Limas, Community Development Director

default Attached Prologis Park Rochelle Unit Three Preliminary Plat

default Attached Prologis Park Rochelle Unit Three Final Plat

default Attached Ordinance Approving Preliminary and Final Plat of Subdivision for Prologis Park Rochelle Un default it Three

Recommended Action:

Consider Preliminary and Final Plat for Prologis Park Rochelle Unit Three

History and Fact:

The petitioner, ProLogis, has requested the approval of a Preliminary and Final Plat of Subdivision for Prologis Park Rochelle Unit Three which is located at the northeast corner of the intersection of Caron and Steward Roads. Prologis Park Rochelle Unit Three is a resubdivision of Logisticenter Unit One which was approved in 2004 when the property was owned by DP Partners.

Discussion:

The Prologis Park Rochelle Unit Three subdivision includes a one lot subdivision, containing the existing DP Partners building which is occupied by Clark Steel, Del Monte and Bay Valley Foods, with right-of-way dedication for the City Rail and other drainage easements. Outlots A and B contain the existing stormwater management facilities for Prologis Park Rochelle Unit Two and the proposed Unit Three. All utilities have been installed and there are no new streets or access drives proposed. On June 6, 2011 the Planning and Zoning Commission reviewed the petition for the preliminary and final plat and voted to recommend approval by a vote of 7-0.

Recommendation:

Authorize an Ordinance Approving the Preliminary and Final Plat of Subdivision for Prologis Park Rochelle Unit Three.

Agenda Item #8 - Permitted Facilities Agreement between the City and BP – Spur Track Crossing Pipeline

References:

default Permitted Facilities Agreement between the City and BP

Recommended Action:

Consider Permitted Facilities Agreement between the City and BP

History and Fact:

BP Products North America has constructed a pipeline facility on an existing 50 foot wide easement strip located on Prologis property. The pipeline runs generally north and south approximately 2,100 feet east of Caron Road. An extension to the City Rail will need to be constructed in this area, crossing the BP pipeline, in order to serve the Nippon Sharyo facility.

Discussion:

To facilitate the crossing, BP Products has provided the City with a Permitted Facilities Agreement. According to City Attorney Alan Cooper, the agreement provides reasonable protection to the pipeline facilities. Modifications proposed by Attorney Cooper have been incorporated into the document.

Recommendation:

Authorize the City Manager to Sign the Permitted Facilities Agreement between the City of Rochelle and BP Products North America Inc.

Agenda Item #9 - Incentive Options to Occupy the Former WalMart Facility

References:

default Attached Memo from Chris Limas, Community Development Director

default Attached Incentive Options to Occupy the Former WalMart Facility

Recommended Action:

Consider Supporting Incentive Options to Occupy the Former WalMart Facility

History and Fact:

The Rochelle Area Chamber of Commerce and Business Development organization has been diligently working to promote the redevelopment of the existing WalMart site once it is vacated in August or September of 2011. The redevelopment of this site is extremely important both in anchoring the Route 251 commercial corridor and maintaining a thriving northern gateway to the community.

Discussion:

Three prospects are currently considering this location for the establishment of retail/commercial businesses. In order to spur the redevelopment of this site, a broad group of incentive options are being proposed. Potential incentives include real estate tax abatements, sales tax rebates, and the waiving and/or reduction of specific City fees. The intent is to provide incentives which set Rochelle apart from the competition to ensure the success of redeveloping this essential site. Incentives included in the final package will be based on expected sales tax, jobs, and anticipated EAV and will be approved by the City Council through a development agreement. Chamber Executive Director Peggy Friday will provide additional information on the proposed incentives and respond to questions from the Mayor and Council.

Recommendation:

Support Incentive Options to Occupy the Former WalMart Facility

2010 City Council Meeting Agendas

default January 11, 2010

default January 25, 2010

default February 8, 2010

default February 22, 2010

default March 8, 2010

default March 22, 2010

default April 12, 2010

default April 26, 2010

default May 10, 2010

default May 24, 2010

default June 14, 2010

default July 12, 2010

default July 26, 2010

default August 9, 2010

default August 23, 2010

default September 13, 2010

default September 27, 2010

default October 12, 2010

default October 25, 2010

default November 8, 2010

default November 22, 2010

December 13, 2010

default December 27, 2010

2009 City Council Agendas

default January 12, 2009

default January 26, 2009

default February 9, 2009

default February 23, 2009

default March 9, 2009

default March 23, 2009

default April 13, 2009

default April 27, 2009

default May 11, 2009

default May 26, 2009

default June 8, 2009

default June 22, 2009

default July 13, 2009

default July 27, 2009

default August 10, 2009

default August 24, 2009

default September 14, 2009

default September 28, 2009

default October 13, 2009

default October 26, 2009

default November 9, 2009

default November 23, 2009

default December 14, 2009

2008 City Council Agendas

default January 14, 2008

default January 28, 2008

default Febaruary 11, 2008

default February 25, 2008

default March 10, 2008

default March 24, 2008

default April 14, 2008

default May 12, 2008

default May 27, 2008

default June 9, 2008

default June 23, 2008

default July 14, 2008

default July 28, 2008

default August 11, 2008

default August 25, 2008

default September 8, 2008

default September 22 , 2008

default October 14, 2008

default October 25, 2008

default November 10, 2008

default November 24, 2008

default default December 08, 2008

December 22, 2008 - Cancelled

2007 City Council Agendas

default January 8, 2007

default January 22, 2007

default February 12, 2007

default February 26, 2007

default March 12, 2007

default March 26, 2007

default Apirl 9, 2007

default April 23, 2007

default June 11, 2007

default June 25, 2007

default July 9, 2007

default July 23, 2007

default August 13, 2007

default August 27, 2007

default September 10, 2007

default September 24, 2007

default October 8, 2007

default October 9, 2007

default October 22, 2007

default November 26, 2007

default December 10, 2007

2006 City Council Minutes

  default June 26, 2006

  default July 24, 2006

default August 14, 2006

default August 28, 2006

default September 11, 2006

default September 25, 2006

  default October 10, 2006

default October 23, 2006 default

default November 13, 2006

default November 27, 2006

default December 11, 2006

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
• default Financial Statements - April 2011

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:

a) default Approve Minutes of City Council Meeting – May 9, 2011

b) Approve Bills 04/29/11-05/05/11, , 05/06/11-05/12/11

c) default Approve Payroll 04/18/11-05/01/11

d) default Authorize the Use of the Main Street Gazebo Area for the Harvest Market June through September

e) default Amend Guidelines for Sending Flowers at Time of Bereavement or Hospitalization

2) Lot Coverage Variance Request – 221 Willis Avenue

3) Ordinance Amending Municipal Code – Resident Only Parking North Second Street

4) Resolution Establishing a City of Rochelle Identity Protection Policy

5) Resolution Amending the Resolution Authorizing the Addition of Jack Dame Road, Intermodal Drive and Brush Grove Road to the Federal Highway System

6) Ordinance Approving Purchase Agreement (City Railroad–Approximately 1.49 Acres)

I. DISCUSSION ITEMS: 

 1) Amended Lease Agreement between the City and Sky Team, Inc.

II. EXECUTIVE SESSION

III. ADJOURNMENT

BUSINESS ITEMS:  

Agenda Item #2 - Lot Coverage Variance Request – 221 Willis Avenue

References:

default Attached Memo from Chris Limas, Community Development Director

default Attached Ordinance Approving a Variance for Property Located at 221 Willis Avenue

Recommended Action:

Consider an Ordinance Approving a Variance at 221 Willis Avenue

History and Fact:

The City has received a request from Ramon Lopez for a lot coverage variance at 221 Willis Avenue. The petitioner has requested a variance to the minimum lot and yard area requirements in the Municipal Code in order to maintain a 17.5' x 10.8' concrete pad, used for trailer parking. The addition of this paved surface equates to total lot coverage of 41.3% instead of the allowable 33%. At the May 2, 2011 Planning and Zoning Meeting the commission voted 5-0 to recommend denial of the variance.

Discussion:

The Mayor and Council considered this request at the May 9, 2011 City Council Meeting. Following some discussion, and input from the applicant, the council postponed action until May 23, 2011. In the meantime, the Building Department was instructed to explore other options at the site. After a review of the lot layout, staff has concluded that the only place to park the trailer without a variance is on the existing driveway.

Recommendation:

Deny an Ordinance Approving a Variance for Property Located at 221 Willis Avenue

Agenda Item #3 - Ordinance Amending Municipal Code – Resident-Only Parking Second Street

References:

default Attached Memo from Don Elliott, Superintendent of Streets, Cemetery, & Airport

default default Consider an ordinance amending the municipal code to add resident-only parking on sections of North

Recommended Action:

Consider an ordinance amending the municipal code to add resident-only parking on sections of North Second Street.

History and Fact:

Over the past several years, residents on North 2nd Street, near May School, have raised concerns related to parking in their neighborhood. Their concerns stem from the added congestion during peak grade school loading and unloading times and parents dropping off and picking up their children. During these times residents are often unable to get in or out of their drives or park near their homes. In addition, students often cross the street between parked cars, resulting in a safety concern.

Discussion:

City staff members met with Superintendent Todd Prusator and May School Principal Barb Cantlin to discuss these concerns. School officials support installing signs and enforcing resident only parking in this area. In addition, May School will communicate these changes to parents in a mailing prior to the start of school in the fall. Upon approval of this ordinance, "Resident-Only Parking" signs will be installed on the west side of 2nd Street from 10th Avenue to 100' north of School Avenue and on the east side from School Avenue extending 100' north. The addition of this signage will facilitate enforcement by the Rochelle Police Department.

Recommendation:

Approve an ordinance amending Chapter 94 of the Municipal Code to add 2nd Street west side from 10th Avenue to 100' north of School Avenue and 2nd Street east side from School Avenue extending 100' north to Resident-Only Parking Zones.

Agenda Item #4 - Establishing a City of Rochelle Identity Protection Policy

References:

default Attached Memo from Bruce McKinney, City Clerk

default Attached Resolution Establishing a City of Rochelle Identity Protection Policy

Recommended Action:

Consider Resolution Establishing a City of Rochelle Identity Protection Policy

History and Fact:

The Identity Protection Act 5 ILCS 179/1 went into effect on June 1, 2010. The Act requires local government agencies to draft, approve and implement an Identity Protection Policy by June 1, 2011to ensure the confidentially of Social Security numbers that are collected and maintained. The proposed policy outlines the prohibited use of Social Security numbers, as defined by the Act, and circumstances when the prohibitions do not apply. In addition, the policy requires City employees to redact social security numbers from information or documents being supplied pursuant to Freedom of Information Act requests.

Discussion:

Once approved, a copy of the Identity Protections Policy will be provided to all current and future City employees. All employees will be required to acknowledge receipt of the policy and the acknowledgement will be maintained in each employee's personnel file. A plan is currently being developed to provide training, evaluate current processes and make changes as required by this policy.

Recommendation:

Approve a Resolution Establishing a City of Rochelle Identity Protection Policy

Agenda Item #5 - Resolution Amending Resolution R09-23 Authorizing Addition of Jack Dame Road, Intermodal Drive and Brush Grove Road to the Federal Highway System and Change a Portion of 1st Avenue to a Municipal Street Designation

References:

default Attached Memo from Sam Tesreau, City Engineer

default Attached Resolution Amending Resolution R09-23

Recommended Action:

Consider a Resolution Amending Resolution R09-23

History and Fact:

On September 14, 2009 the Mayor and Council approved a Resolution Authorizing the Addition of Jack Dame Road, Intermodal Drive and Brush Grove Road to the Federal Highway System. Now that Jack Dame Road has been completed, the Federal Aid Routes and/or Municipal Streets for the official State/City of Rochelle 5 year functional classification map will need to be updated.

Discussion:

The Federal Aid Route designation will remain the same for Jack Dame Road but the description limits will be modified to extend to Illinois Route 38. In addition, 1st Avenue from the westerly end near 12th Street and extending to 7th Street (Route 251) will become a local urban municipal street. In order for routes within our corporate limits to be part of the City of Rochelle's Federal Highway System it is necessary for the Mayor and City Council to pass a resolution requesting the additions.

Recommendation:

Approve a Resolution Amending Resolution R09-23 Authorizing Addition of Jack Dame Road, Intermodal Drive and Brush Grove Road to the Federal Highway System and Change a Portion of 1st Avenue to a Municipal Street Designation

Agenda Item #6 - Ordinance Approving Purchase Agreement (City Railroad – Approximately 1.49 Acres)

References:

default Attached Memo from Jason Anderson, Economic Development Director

default default Attached Real Estate Purchase and Sale Agreement

default default default Attached Ordinance Approving Purchase Agreement (City Railroad – Approx. 1.49 Acres)

Recommended Action:

Consider an Ordinance Approving Purchase Agreement for 1.49 acres to extend the City Industrial Rail

History and Fact:

The City has been approved for a $5M grant from the Bureau of Railroads for rail improvements in conjunction with the Nippon Sharyo Project. One of the improvements planned will increase the rail car storage for the rail cars that are staged on the City Industrial Rail from the Union Pacific Railroad. Currently there are only two storage tracks, approximately 600 ft in length, serving as storage for UP inbound and outbound railcars.

Discussion:

The plan is to extend the two existing storage tracks by approximately 2,000 ft and add one more storage track of approximately the same length. In order to do so the City will need to purchase an additional 1.49 acres of land for the rail expansion. The offered price for the land is $15,000 per acre or $22,350 for the entire 1.49 acre parcel. The 2011-12 City Industrial Rail Budget includes funds budgeted for the purchase. All of the improvements required to extend the rail yard will be covered through the grant from the Bureau of Railroads.

Recommendation:

Authorize an Ordinance Approving Purchase Agreement between the City and Chicago Title and Land Trust Company for approximately 1.49 acres to extend the City Industrial Rail

Discussion Item #1 - Amended Lease Agreement between the City and Sky Team, Inc.

On March 21, 2011, the City Council approved a Land Lease Agreement between the City and Sky Team, Inc., for seven (7) acres at the Rochelle Municipal Airport, to be used for a skydiving business, and the lease was signed by the City and Sky Team the next day. The lease contemplated the construction of a building as a permanent improvement to the real estate, and also temporary structures for operation during 2011. Sky Team has been open for business at the airport since the lease was signed. The lease was for 20 years, with two (2) additional 10-year renewal options.

Sky Team has requested that the lease be modified in certain respects, in order to facilitate the financing of the building construction, estimated at approximately $1.5 million. Sky Team's attorney has forwarded a draft of the proposed modifications. City Attorney Cooper has reviewed the proposed modifications, and believes them, in general, to be reasonable. The original lease provided that Sky Team would have the right to use its leasehold interest as collateral for a loan to be used for constructing the building. The proposed modifications include specific protections for the lender under such a leasehold mortgage, including a right to notice in the event of Sky Team's default under the lease, and the right to cure any such default, and to step into the shoes of Sky Team as the tenant.

The City Attorney and Sky Team's attorney are continuing to discuss the specific language of the modifications, but it is anticipated that a proposed amended land lease agreement will be presented to the City Council for action at the first meeting in June.

The City Manager and City Attorney will discuss the proposed modifications and respond to questions from the Mayor and City Council.