City Council Meeting March 28, 2011

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:

  • National Auctioneer's Day April 16, 2011

IV. REPORTS AND COMMUNICATIONS:

  • Mayor
  • Council Members
  • Financial Statements, February 2011

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

  • 1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations:
  • a )Approve Minutes of City Council Meeting – March 14, 2011  
  • b) Approve Minutes of Special City Council Meeting – March 21, 2011
  • c) Accept and Place on File Minutes of Stormwater Advisory Commission – January 19, 2011
  • d) Approve Bills 03/04/11-03/10/11
  • e) Approve Payroll 02/21/11-03/06/11
  • f) Approve Lincoln Highway Heritage Festival Request – August 19-21, 2011
  • g) Resolution Lincoln Highway Heritage Festival Parade – August 21, 2011
  • h) Authorize the City's Assistance with the Hospital Hustle 5K Fun Run/Walk – June 4, 2011

I. DISCUSSION ITEMS:

II. EXECUTIVE SESSION

III. ADJOURNMENT


BUSINESS ITEMS: DETAIL

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

References:

default Attached Amendment to Annexation Agreement - Prologis Park

default Attached Ordinance Amending Annexation Agreement - Prologis Park

Recommend Action:

Conduct the Public Hearing

Consider Ordinance Authorizing an Amendment to Annexation Agreement Prologis Park

History & Fact:

On July 29, 2003 the Mayor and City Council approved an Annexation Agreement with DP Industrial, LLC for approximately 300+ acres located south of Interstate 88 in the City's southeast industrial quadrant. On that same date the property was also annexed into the City with an I-2 General Industry zoning classification. The property has since been purchased by Prologis Land, LLC which, as a successor, is bound by the existing agreement.

Discussion:

As discussed at the March 14, 2011 City Council Meeting, grants have been secured for public improvements within the Prologis Park as part of the Nippon Sharyo Manufacturing, LLC project. The grants include funds for rail, roadway and utility infrastructure improvements for a combined total of approximately $8 million. The Rochelle Municipal Code requires that a surety in the amount of 110% of the approved estimated costs of the land improvements be provided by the developer. The proposed Amendment to Annexation Agreement modifies the surety requirement to exclude those improvements, expected to be funded by grants, for the determination of the surety requirement. In the event any of the grants are not funded, the amendment requires Nippon Sharyo to pay 100% of the costs for the public improvements which were expected to be funded by grants.

Recommendation:

Conduct the Required Public Hearing

Approve an Ordinance Authorizing an Amendment to Annexation Agreement Prologis Park


Agenda Item #3 - Development Agreement Prologis Park Rochelle/Nippon Sharyo Parcel

References:

default Attached Agreement between the City of Rochelle, ProLogis, Nippon Sharyo

Recommend Action:

Consider Development Agreement Prologis Park Rochelle/Nippon Sharyo Parcel

History & Fact:

On October 20, 2010 Nippon Sharyo USA announced plans to construct a passenger railcar production facility in the Interstate Transportation Subdivision, located on west Illinois Route 38. Since that time, Nippon Sharyo has decided to locate their facility on a 38 acre parcel within the Prologis Industrial Park, located in the City's southeast industrial sector. Nippon Sharyo and Prologis are currently finalizing the land acquisition terms with an anticipated closing date of March 31, 2011. The City has applied for, and been approved to receive, grant funding in excess of $8 million to facilitate the development of this property.

Discussion:

A three party Development Agreement, which was the topic of a discussion at the March 14, 2011 City Council Meeting, has been negotiated between the City, Prologis Land LLC and Nippon Sharyo Manufacturing LLC. This agreement memorializes the public improvements that will be undertaken (road, water, sanitary sewer, rail, electric, streetlights, stormwater facilities, fiberoptic and landscaping) and documents the responsibilities of the three parties and their related financial obligations. The agreement also addresses the course of action if some or all of the grants that have been secured for the project do not materialize. Finally the agreement includes one schedule which represents the business arrangement between Nippon Sharyo Manufacturing, LLC and Prologis Land LLC and a second schedule that documents an agreement between the City and Nippon Sharyo Manufacturing, LLC.

Nothing in this agreement transfers any financial responsibility from the developer to the City. It does however obligate the City to take certain actions in the event that the developer fails to complete construction of improvements consistent with agreed upon construction milestones.

Recommendation:

Approve Development Agreement Prologis Park Rochelle/Nippon Sharyo Parcel


Agenda Item #4 -Final Plat – Prologis Park Rochelle Unit One

References:

default Memo from Chris Limas, Community Development Director

default Ordinance Approving Final Plat of Subdivision for ProLogis Park

Recommended Action:

Consider Final Plat for Prologis Park Rochelle Unit One

History and Fact:

On October 25, 2010 the Mayor and City Council approved the final plat for the Interstate Transportation Center Subdivision, which was to include the Nippon-Sharyo manufacturing site. Nippon Sharyo has subsequently decided to locate their facility in the Prologis Park situated east of Caron Road, south of Interstate 88 and north of Steward and Ritchie Roads. The preliminary plat for Prologis Park Rochelle Unit One was approved by the Mayor and Council on March 14, 2011.

Discussion:

The final plat for Prologis Park Rochelle Unit One includes a six lot subdivision with right-of-way dedication for a road and rail. Outlots A, B, C and D will contain the detention and drainage for the subdivision, Lot 1 will house the Nippon-Sharyo facility and Lot 2 will be available for future development. On March 7, 2011 the Planning and Zoning Commission reviewed the petition for the final plat and voted to recommend approval by a vote of 7-0 subject to any required changes to easements or right-of-ways, prior to recording.

Recommendation:

Authorize an Ordinance Approving the Final Plat of Subdivision for Prologis Park Rochelle Unit One.


Agenda Item #5 - Ordinance Amending the Municipal Code to Authorize the Seizure and Impoundment of Vehicles used in the Commission of Certain Crimes and Related Administrative Fee

References:

default Attached Memo from Eric Higby, Police Cheif

default Attached Ordinance Amending Municipal Code

Recommended Action:

Consider an Ordinance Amending Chapter 94 of the Municipal Code to Authorize the Seizure and Impoundment of Vehicles used in the Commission of Certain Crimes and Related Administrative Fee

History and Fact:

The Rochelle Police Department routinely searches for enforcement initiatives that reduce crime and increase public safety. In an effort to achieve these goals, several other communities have enacted a towing ordinance and related administrative fee as a deterrent to specific offenses.

Discussion:

The proposed ordinance would impose an administrative fee of $500.00, in addition to applicable fines, costs, towing and storage fees, for the following offenses: driving under the influence of alcohol and other drugs, aggravated fleeing to allude a police officer, operating a vehicle without a valid driver's license, operation of a motor vehicle in connection with a violation of the Illinois Controlled Substance Act, Illinois Cannabis Control Act, possession of drug paraphernalia, or unlawful use of weapons statute, possession of a firearm without firearm owner's identification card, operation of a motor vehicle without a valid registration, or operation of a motor vehicle during the commission of a felony offense. Motor vehicles seized per this ordinance will remain impounded until all costs associated with the towing and storage of the vehicle are paid to the Rochelle Police Department. The registered owner of the vehicle will be notified at the time of the incident or via certified mail within five business days. The ordinance also provides for an administrative hearing process should the registered owner choose to challenge the impounding.

Recommendation:

Approve an Ordinance Amending Chapter 94 of the Municipal Code to Authorize the Seizure and Impoundment of Vehicles used in the Commission of Certain Crimes and Related Administrative Fee


Agenda Item #6 - Revised Agreement for Wastewater Conveyance and Treatment between the City of Rochelle and the Village of Hillcrest

References:

default Attached Redlined Agreement for Wastewater Conveyance and Treatment between the City of Rochelle and the Village of Hillcrest

Recommended Action:

Consider a Revised Agreement for Wastewater Conveyance and Treatment between the City of Rochelle and the Village of Hillcrest

History and Fact:

Representatives from the City of Rochelle and the Village of Hillcrest have worked diligently to develop a Sanitary Sewer Agreement which will allow the City to serve the sanitary sewer needs of Hillcrest through Rochelle's existing Wastewater Treatment Plant. The provisions of the agreement were discussed at the October 26, 2009 City Council Meeting and subsequently approved by the Mayor and Council on December 13, 2010.

Discussion:

Following the City's approval of the agreement, representatives from the Village of Hillcrest requested modifications to the time frames designated for completion of the Hillcrest System. The original agreement requires Hillcrest to complete all of the wastewater system that would serve the existing portion of the Village (currently served by septic systems) within five years. Hillcrest has requested that this period be extended to seven years. In addition, the Village has requested a five year period, from the date of the signed agreement, to obtain a permit from the Illinois Environmental Protection Agency for construction of the sanitary sewer system instead of the original three. The City may withhold approval of any permits for construction of the system for other portions of Hillcrest if the above timeframes are not met. On March 22, 2011 the Village of Hillcrest Board voted 3-2 to approve the Revised Agreement for Wastewater Conveyance and Treatment and the Jurisdictional Boundary Agreement at a Special Meeting.

Recommendation:

Approve the Revised Agreement for Wastewater Conveyance and Treatment between the City of Rochelle and the Village of Hillcrest

Approve the Jurisdictional Boundary Line and Intergovernmental Cooperation Agreement between the City and Village of Hillcrest (attachment to Wastewater Agreement)