In 2006 the Mayor and City Council approved the Kings Crossing Annexation Agreement for a 492.9 acre development located north of Flagg Road. Due to the downturn in the housing market, the development and the associated installation of water and sanitary sewer mains to serve the subdivision did not proceed as planned. Two amendments to the annexation agreement were subsequently approved in 2009 to facilitate the construction of the first phase of Kings Crossing and earlier this year a third amendment was approved in an effort to stimulate a residential subdivision on 19.4 acres of land north of Flagg Road and west of 20th Street.

Discussion:

Rochelle Community Consolidated District #231 owns property in the Creekside (formerly King's Crossing) Subdivision and construction is underway at that location on a new elementary school. Per City Code, a property owner is required to extend the water main to the property or annexation line, whichever is further. City staff met with Superintendent Prusator and the school district's attorney to discuss the required extension. Since the water main extension to the west would not serve any development at this time, the City proposed a compromise. The proposal stated that District 231 would provide a 15 foot easement to the west property line and stub out a section of water main. If the property to the west develops within five years, the school district will be responsible for extending the main to the property. After five years, the City will be responsible for extending the water main within the easement when the property develops. The school district agreed to the proposal and voted to approve the Fourth Amendment to the Annexation Agreement at their meeting on August 15, 2012.

Recommendation:

Conduct the Public Hearing

Consider Approving the Fourth Amendment to Annexation Agreement for

Creekside Subdivision Unit 1 f/k/a Kings Crossing Subdivision

Agenda Item #3 - RICE NESHAP Improvements – Electric Production Facility

References:

default Memo from Electric Superintendent Joe Orlikowski

default Bid Review from Barnes, Henry, Meisenheimer & Gende, Inc.

default Email from City Attorney Alan Cooper

Recommended Action:

Consider bids for RICE NESHAP Improvements

History and Fact:

In February of 2010 the Environmental Protection Agency issued the RICE NESHAP ruling aimed at reducing emissions of toxic air pollutants from existing stationary diesel engines meeting specific criteria. As a result, operators of existing stationary diesel engines will be required to install emission control equipment that will reduce emissions by 70%, perform emissions tests to demonstrate compliance with the rule and burn ultra-low sulfur fuel in stationary engines with a site rating greater than 300 horsepower. Seven of the engines located at the Electric Production facility on Ninth Street and the Peaker Plant on Caron Road meet the criteria and must comply with these regulations by 2013.

Discussion:

Subsequent to the required public notice, City Clerk Bruce McKinney opened three bids on August 29, 2012. Our consultant, Lincoln Duncan of Barnes, Henry, Meisenheimer & Gende, Inc., has reviewed the bids and determined that the apparent low bidder, Stenstrom General Contractor, did not include all of the required documentation and therefore did not meet the bid specifications. As a result Superintendent Joe Orlikowski and our consultant recommend accepting the bid from Independent Mechanical Industries of $934,000 as the lowest bid having met the specification requirements. The 2012-13 Capital Outlay Budget for Electric Operations - Generation includes $1,450,000 for this project.

Recommendation:

Accept the bid for the RICE NESHAP Improvements from Independent Mechanical Industries for $934,000 and reject all other bids.

Agenda Item #4 - Asbestos Removal - 9th Street Production Building and Caron Road Peaker Building

References:

default Memo from Electric Superintendent Joe Orlikowski

default Bid Recommendation from Willett Hofmann and Associates

Recommended Action:

Consider bids for asbestos removal

History and Fact:

As part of the required RICE NESHAP improvements, the piping to the exhaust system must be removed. Since this requires asbestos abatement it was bid separately from the rest of the project.

Discussion:

Subsequent to the required public notice, City Clerk Bruce McKinney opened seven bids on August 30, 2012. Staff and our consultant, Matt Hansen of Willett-Hofmann, have reviewed the bids and recommend the acceptance of the apparent low bidder, RAMSCO, with a bid of $19,050. In addition, our consultant has confirmed, based on the list of projects and references, that they are qualified to perform the asbestos removal for this project. RAMSCO plans to use a combination of containment methods which is much less costly than constructing a containment structure for all of the asbestos removal. The 2012-13 Capital Outlay Budget for Electric Operations-Generation includes $47,750 for the asbestos removal project.

Recommendation:

Accept the bid for the 9th Street Production Building and Caron Road Peaker Building Asbestos Removal from RAMSCO for $19,050 and reject all other bids.

Agenda Item #5 - Amendment 2 to the Agreement with Hanson Professional Services – Airport Land Acquisition Services

References:

default Memo from Airport Superintendent Don Elliott

default Amendment 2 to Agreement

Recommended Action:

Consider Amendment 2 to the Agreement with Hanson Professional Services for Land Acquisition Services at the Airport

History and Fact:

In 2008 the Illinois Department of Transportation (IDOT) Division of Aeronautics approved plans to extend the runway at the Rochelle Municipal Airport from 4,226 feet to 5,000 feet. Subsequently, the Mayor and Council approved an agreement with Hanson Professional Services for assistance in acquiring two parcels of land, required for the expansion, at a cost not to exceed $48,700. Earlier this year, the Mayor and Council approved Amendment 1 to the Hanson agreement which included additional services provided to settle drainage concerns and the City's desire to purchase an additional 8 acres of property at a cost not to exceed $79,780.

Discussion:

Due to the addition of the third parcel of property, exhibit updates, survey and plat preparation, drainage engineering and additional negotiating, services in excess of those contained in the amended agreement, have been required. IDOT Division of Aeronautics has reviewed and approved Amendment 2 to the Property Acquisition Management Services Agreement with Hanson to include the additional services at a cost not to exceed $89,469.91. Once all purchase documents are recorded, the City will request reimbursement of 90% from Federal Entitlement Funds and 5% from the State of Illinois. The local share of $4,473.50 will be paid out of the airport fund and will allow the City to move forward with the goal of expanding the runway in 2013-14.

Recommendation:

Authorize the City Manager to Sign Amendment 2 to the Agreement between the City of Rochelle and Hanson Professional Services for Land Acquisition Services at the Airport.

Agenda Item #6 -

Agenda Item #7 - Ordinance Amending Article IX (Seized and Impounded Vehicles) of Chapter 94

References:

default Memo from Police Chief Eric Higby

default Breakdown of Costs

default Current Article IX of Chapter 94

default Ordinance Amending Article IX of Chapter 94 of the Rochelle Municipal Code

Recommended Action:

Consider an Ordinance Amending Article IX

History and Fact:

In 2011 the Mayor and Council approved an ordinance allowing for the seizure and impoundment of vehicles used in connection with specific offenses. The ordinance provides for the assessment of a $500 administrative fee in addition to applicable fines, costs, towing and storage fees. The ordinance has since been amended to clarify the hearing procedures and to comply with subsequent legislation requiring that the hearing officer be an attorney.

Discussion:

On January 1, 2012 the State of Illinois adopted an amendment to the Illinois Vehicle Code which provided specific authorization for this type of ordinance. As a result, Attorneys Cooper and Lyons have reviewed the provisions of the statute and recommend that an amendment to the City's towing ordinance, in its entirety, be approved. The proposed amendment more closely reflects the provisions of the Illinois Vehicle Code relating to the offenses for which a seizure is authorized, the administrative fee to be imposed, procedures for release of a vehicle from impoundment pending a hearing, notice to owners and others, and determination of the validity of the seizure. Important changes included in the proposed ordinance relate to the timing and content of notices to owners, lessees and lien holders of seized vehicles, eligible offenses for which a vehicle may be towed and the requirement that all seizures be reviewed by the hearing officer, whether or not a hearing is requested.

In addition, the Police Department has undertaken a 14-month review of the City's costs associated with towing vehicles. The memorandum from Chief Higby and the breakdown of costs show that the costs associated with such tows are in excess of the $500.00 fee imposed since the ordinance was originally adopted.

Recommendation:

Approve an Ordinance Amending Article IX (Seized and Impounded Vehicles) of Chapter 94 (Traffic and Vehicles) of the Municipal Code of the City of Rochelle

City Council Agenda September 10, 2012

I. CALL TO ORDER:

II. ROLL CALL:

III. PROCLAMATIONS, COMMENDATIONS, ETC:

IV. REPORTS AND COMMUNICATIONS:

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

VII. DISCUSSION ITEMS:

VIII. EXECUTIVE SESSION

IX. ADJOURNMENT

BUSINESS ITEMS:

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

Agenda Item #3 - RICE NESHAP Improvements – Electric Production Facility

Agenda Item #4 - Asbestos Removal - 9th Street Production Building and Caron Road Peaker Building

Agenda Item #5 - Amendment 2 to the Agreement with Hanson Professional Services – Airport Land Acquisition Services

Agenda Item #6 -

Agenda Item #7 - Ordinance Amending Article IX (Seized and Impounded Vehicles) of Chapter 94

City of Rochelle Illinois