Committee of the Whole

1 COMMITTEE OF THE WHOLE Monday, February 23, 2015 7pm City Hall Council Chamber 109 James Street Geneva, IL 60134 Ald. Mike Bruno, Chair AGENDA 1. Call to Order 2. Consider Consent Agenda *3. Approve Minutes from February 9, 2015 4. Items of Business a. Recommend Draft Resolution Authorizing an Intergovernmental Agreement with the University of Illinois/Illinois State Water Survey for Long Term Monitoring of Deep Bedrock Aquifer located at 710 Dodson Street. b. Recommend Draft Resolution Awarding Bid and Contract to Water Well Solutions in an Amount Not to Exceed $8,800.00 for Well No. 5 Abandonment. c. Recommend Draft Ordinance Vacating a Portion of the Public Street Commonly Known as N. 2nd Street. 5. New Business 6. Upcoming Meetings: • Regular Committee of the Whole on March 9, 2015 at 7pm 7. Adjourn 2 COMMITTEE OF THE WHOLE MINUTES February 9, 2015 Elected Officials Present: Mayor Burns, Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Seno Staff Present: McKittrick, Dawkins, Babica, DeGroot, Wright 1. Call to Order Ald. Simonian, serving as chairman, called the meeting to order at 7pm noting that all were present. On a motion by Ald. Brown, second by Ald. Flanagan, the agenda was amended by adding item 4h: Consider Cash Contribution to the Geneva School District in the Amount of $20,049.27 and a Cash Contribution to the Geneva Park District in the Amount of $88,692.70, Reflecting a Credit for Existing Residential Units on the Property Related to the Park Place/Oak Creek Capital Partners Project V/V: 10-0 Motion carried. 2. Consider Consent Agenda Moved by Ald. Singer, second by Ald. Marks V/V: 10-0 Motion carried. *3. Approve Minutes from January 26, 2015 Approved on Consent Agenda 4. Items of Business a. Recommend Draft Resolution Authorizing Purchase of Ford Transit Connect Vehicle from Zimmerman Ford in the Amount of $21,284.00. Moved by Ald. Seno, second by Ald. Bruno V/V: 10-0 Motion carried. b. Recommend Draft Resolution Declaring Surplus Property of 2004 Ford Ranger Vehicle. Moved by Ald. Bruno, second by Ald. Marks V/V: 10-0 Motion carried. c. Recommend Draft Resolution Authorizing Bid Award and Contract to H.D. Supply in the Amount of $36,946.77 for 2015 Overhead Cable Replacement Project. Moved by Ald. Cummings, second by Ald. Marks V/V: 10-0 Motion carried. d. Recommend Acceptance of FY2014-15 3rd Quarter Goals Status Report. Moved by Ald. Marks, second by Ald. Seno V/V: 10-0 Motion carried. 3 Chairman Simonian noted that general discussion of the following four items would take place and votes on each item would follow all discussion and public comment. Dir. DeGroot provided a summary of what transpired at the Jan. 26th Committee meeting. Since that meeting, the applicant made revisions to overall height (38’10” to 38’2” at the heighest peak); moved the access point off of Stevens and on to North, and increased the setback to Building 4. Developer John Luczinski also provided renderings and additional information on the latest revisions. Luczinski and DeGroot, on a question from Ald. Kilburg, confirmed that the Fire Dept. would approve the two access points on North Street. Ald Bruno, while encouraged by the continuation of discussion, did not yet feel comfortable with the proposed changes overall and would not be in favor of approving the PUD ordinance as presented. Ald. Cummings stated that he was satisfied with the proposed changes but also sought further discussion on the PUD. Cumming was in full agreement with staff to approve the land cash with credits stating that it was fair and equitable based on the language in the ordinance. Cummings also referred to a University of Illinois study citing the same conclusions. Resident Dan Horvath suggested one of the buildings be turned 90 degrees, also suggesting the buildings be set back further from the street. Horvath concluded by requesting that the council require the developer to build within the existing regulations. Resident Mary Zaander provided photos of other townhomes in Geneva to show the perspective of height and setback. Zaander was not in favor of the current proposal and also noted there were no outdoor patios/spaces devoted to each unit. Resident Sharon Jones was not in favor of the plan and asked for smaller units with more green space. Teresa Keenan, resident and business owner, voiced her strong opposition to the development noting that she had worked with the developer in the past and called them ‘cronies’. She urged the council to continue discussions and not ram the project through. Resident Lindsey Burgess asked the council to reconsider the proposed height of the townhomes stating that it would not fit in with the neighborhood. Resident Mary Pastorello also asked the council to require more work on the density, height, and setback of the proposed development. Resident Jim Anderson voiced concerns over access to the cemetery and Wheeler Park and urged the council to continue the discussions. Resident Kurt Beyer thanked developer for moving access points but requested that the city take more time to review the remaining details. Beyer also wanted to see a rendering of the development against the neighboring homes so he could see the overall scale. Resident Sarah Kate Jeffrey stated that she appreciated the City’s goal of adding density to the downtown but also noted the desire of many people for single family homes in downtown. Jeffery was concerned that this development would de-value her property in the neighborhood. Resident Brannon Anderson thanked the Council and the developer for listening to the neighbors thus far but more work was needed and did not want anything approved. 4 Resident Michael Wolf agreed that more discussions on height, density and setback were needed. Sheavoun Lambillotte, Exec. Dir. of the Geneva Park District stated her opposition to the credits of land/cash and advocated for the full contribution based on her interpretation of the land/cash ordinance. Resident Rob Kelly requested that the council require the developer to work within the current code and regulations. Resident Colin Campbell suggested that a citizen committee be appointed to discuss the concerns with the neighbors and developers. Dir. DeGroot noted that the Plan Commission serves that purpose and it had already been vetted and approved. Resident Adam McMillian stated that he would like to see more LEED certified developments in the City. McMillian also suggested a through-way to bike path as well as Wheeler Park. Discussion on the land/cash credits commenced, with Ald. Simonian stating his support for the credits to be fair and equitable. Simonian believed that it was not fair for the School and Park Districts to ‘double dip’ on the existing properties on the site. Ald. Cummings also voiced his support for the credits and was confident the city was following the intent of the law. On a question from Ald. Kilburg, Dir. DeGroot read aloud the language in the ordinance stating the procedure to allow a credit. Admin. McKittrick also stated that the City Attorney had reviewed the ordinance and request for credits and believed it was allowed by ordinance. e. Consider Amending the City’s Downtown Station-Area Master Plan to Change the Future Land Use Designation for a Portion of the Subject Realty from “Single-Family Residential” to “Single-Family Residential Attached” – Draft Ordinance Related to Oak Creek Capital Partners. Moved by Ald. Marks, second by Ald. Cummings Roll Call: Ayes: 8 Nays: 2 (Cummings, Kilburg) Motion carried. f. Consider Rezoning (Zoning Map Amendment) the Subject Realty from the R6 Two- and Three-Family Residential District to the R7 Multiple-Family Residential District – Draft Ordinance Related to Oak Creek Capital Partners. Moved by Ald. Marks, second by Ald. Seno Roll Call: Ayes: 8 Nays: 2 (Cummings, Kilburg) Motion carried. A motion to table Item 4g, moved by Ald. Bruno, second by Ald. Cummings, failed by Roll Call Vote: Ayes: 3 Nays: 7. g. Consider Granting a Special Use for a Preliminary/Final Planned Unit Development – Draft Ordinance Related to Oak Creek Capital Partners. Moved by Ald. Marks, second by Ald. Singer Roll Call: Ayes: 6 Nays: 4 Motion carried. 5 h. Consider Cash Contribution to the Geneva School District in the Amount of $20,049.27 and a Cash Contribution to the Geneva Park District in the Amount of $88,692.70, Reflecting a Credit for Existing Residential Units on the Property Related to the Park Place/Oak Creek Capital Partners Project Moved by Ald. Seno, second by Ald. Bruno Roll Call: Ayes: 9 Nays: 1 Motion carried. 5. New Business Assistant Admin. Dawkins acknowledged two student government representatives from Geneva High School that were in the audience and thanked them for observing the meeting. Simonian reminded the council that next week’s City Council meeting would be held on Tuesday, February 17th due to Presidents Day holiday. 6. Upcoming Meetings: • Regular Committee of the Whole on February 23, 2015 at 7pm 7. Adjourn On a motion by Ald. Marks, second by Ald. Bruno, the meeting was adjourned by unanimous voice vote at 9:53pm. -Submitted by Recording Secretary Fornari 6 AGENDA ITEM EXECUTIVE SUMMARY Approve allowing the University of Illinois/Illinois State Water Agenda Item: Survey to use Well #5 as a long term monitoring well. Bob Van Gyseghem, Superintendent of Water and Wastewater. Presenter & Title: Rich Babica, Director of Public Works Date: 2/17/15 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: NA Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The Fiscal Year 2014-15 Budget includes the abandonment of Well #5. The University of Illinois/Illinois State Water Survey has contacted staff and would like to use well #5 as a long term monitoring well to monitor water levels in the deep bedrock aquifer. The city would remove the pump and motor from the well and disconnect all piping from the distribution system to comply with the Illinois Environmental Protection Agency. The University of Illinois/Illinois State Water Survey will then install monitoring equipment in the well at their cost. The city will save on costs to fill and cap the well. The University of Illinois/Illinois State Water Survey has stated that their desire is to monitor this well indefinitely. If the UI/ISWS in the future would decide to no longer monitor the well, the city would then need to complete the filling and capping of the well. Attachments: (please list)  Intergovernmental Agreement  Resolution Recommendation / Suggested Action: (briefly explain) Staff is recommending the Geneva City Council enter into an Intergovernmental Agreement with the University of Illinois/Illinois State Water Survey for the long term monitoring of the deep bedrock aquifer located at 710 Dodson Street. 7 MONITORING WELL/WATER WELL NO. 5 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT entered into by and between the CITY OF GENEVA (“Geneva”), an Illinois municipal corporation and THE BOARD OF TRUSTEES of the UNIVERSITY OF ILLINOIS, a body and politic of the State of Illinois (“University”). WITNESSETH: WHEREAS, the parties are municipalities, units of local government or agencies of units of local government as provided in the 1970 Illinois Constitution (Article VII); and WHEREAS, the 1970 Illinois Constitution (Article VII, Section 10), and the Illinois Complied Statutes, 2013, Chapter 5, Section 220/1 et seq., provide authority for intergovernmental cooperation; and WHEREAS, for some period of time, Geneva has not utilized Water Well No. 5 as a potable drinking source and now contemplates the abandonment of Water Well No. 5, also known as the Dodson Street water well located at 710 ___ Dodson Street in the City of Geneva, Kane County, Illinois and depicted on the aerial photograph attached hereto at Exhibit A; and WHEREAS, Geneva further intends to retain the booster pump station and elevated tower associated with Water Well No. 5 for other municipal purposes; and WHEREAS, after removal of the well pump and motor booster by Geneva, University desires to utilize the former well shaft of Water Well No. 5 to install certain equipment within the well (along with associated control cabinetry either inside or alongside the existing well house) for the purpose of monitoring the deep water aquifer; and WHEREAS, each party recognizes that their respective goals can be economically accomplished by deactivating Water Well No. 5 as a potable water source but permitting University to water well shaft for certain deep aquifer monitoring . NOW, THEREFORE, in consideration of the mutual agreements contained in this Agreement, the City of Geneva and the Board of Trustees of the University of ILLINOIS agree as follows: 1. Recitals: The recitals hereinabove made are incorporated by reference. 1 8 2. Obligations of the City of Geneva: Within 180 days following the execution of this Agreement by the parties, Geneva will cause the well pump and motor to be removed from Water Well No. 5 and will disconnect the piping from the booster station to the water well. 3. License to University: Effective upon the written notice of the Superintendent of Water for Geneva to the University that the actions set forth at Paragraph 2 above are complete, University is granted a license to use the abandoned well shaft of Water Well No. 5 as a deep acquitter monitoring well for its sole use. Geneva grants University reasonable access to Water Well No. 5 for the purposes of installation, maintenance and repair of its monitoring equipment. 4. Reciprocal Indemnification: Each party hereto (“Indemnitor”) hereby protects, indemnifies, saves and holds harmless each other party (“Indemnitee”), its respective elected and appointed officials and officers, employees, and agents from and against any and all losses, claims, costs, causes of action, damages and expenses, including but not limited to reasonable attorney’s fees and costs for any and all deaths, personal injuries or damage to property arising from any act or omission of the Indemnitor, its contractors, officers, agents, employees, invitee and assigns, in the performance of this Agreement, including but not limited to, claims for deaths, injuries or property damage occurring in the installation, repair or maintenance of Indemnitor’s equipment and appurtenances at Water Well No. 5. Nothing contained herein shall be deemed to create a contractual relationship between Indemnitor’s contractors, subcontractors, sub-subcontractors, material men or suppliers and Indemnitee; nor shall anything contained in this Agreement be deemed to give any third party any claim or right of action against either Geneva or University which does not otherwise exist without regard to this Agreement. This indemnification specifically excludes liabilities arising out of the statements, acts or omissions of the Indemnitee or of any third parties. Indemnitor’s duty to indemnify shall apply only if Indemnitee gives prompt written notice to Indemnitor upon learning of the indemnifiable event. 5. Insurance. University covenants and agrees to furnish Geneva with a certificate of insurance naming Geneva as additional insured and evidencing insurance in the following amounts: Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage: $1,000,000 per occurrence; $1,000,000 annual aggregate. The insurance required pursuant to this Agreement shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Geneva. There shall be no endorsement or modification of this insurance to make it excess over other available insurance; alternatively, if the 2 9 insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to Geneva. 6. Termination: This Agreement may be terminated by either party serving written notice delivered to the other party by certified mail, return receipt requested. The effective date of such termination by an individual party shall become effective 90 days after receipt of the notice to the other party. 7. Severability: If any provision of this Agreement is invalid for any reason, such invalidation shall not render invalid other provisions of this Agreement which can be given effect without the invalid position. 8. Effective Date: This Agreement shall be effective upon execution by all the parties. 9. Governing Law: This Agreement shall be construed in accordance with the law and constitution of the State of Illinois. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed in the manner appropriate to each, all and as of the date and year of the last to sign below. CITY OF GENEVA BOARD OF TRUSTEES Of the University of Illinois By:__________________________ By:___________________________ Kevin R. Burns, Mayor Comptroller Date:_________________________ Date:_________________________ Attest:________________________ Lynn P. Landberg, City Clerk Exhibit A (Aerial Photograph of Dodson Street Well No. 5) 3 10 11 RESOLUTION NO. 2015_-__ RESOLUTION AUTHORIZING EXECUTION OF Intergovernmental Agreement with University of Illinois/Illinois State Water Survey BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of the City of Geneva, an Intergovernmental Agreement with University of Illinois/Illinois State Water Survey, in the form attached hereto as Exhibit “A”, relating to the long term monitoring of the deep bedrock aquifer at 710 Dodson Street. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of _________, 2015 AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this ____ day of __________, 2015. Mayor ATTEST: City Clerk 12 AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Well #5 Abandonment Bob VanGyseghem, Superintendent of Water and Wastewater Presenter & Title: Rich Babica, Public Works Director Date: 2/17/2015 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - X YES Estimated Cost: $8,880 Budgeted? NO Executive Summary: Fiscal Year 2014-15 allocated funds for the abandonment of Well #5 which is located next to the Dodson Street water tower. This deep well is used only used as an emergency backup since it contains radium and does not get treated at the Water Treatment Facility. This well is operated once a month to collect mandatory IEPA samples and once every three years to collect a large list of mandatory samples. While operating this well “surging” has been observed which could indicate the start of well pump problems that would have to be addressed. Bids were opened on October 23, 2014 for removal of the pump, motor, and discharge column. Below are the results of the bids: Water Well Solutions $8,880.00 Great Lakes Water Resources Group, Joliet, IL $9,580.00 Municipal Well & Pump, Waupun, WI $14,446.00 Layne Christensen Company, The Woodlands, TX $30,100.00 Attachments: (please list)  Rempe-Sharpe Engineering Bid Evaluation  Resolution Recommendation / Suggested Action: (briefly explain) Staff recommends the Geneva City Council award the abandonment of Well #5 to Water Well Solutions in the amount Not-To-Exceed $8,800.00. Water Well Solutions has successfully completed well projects in the past for the City of Geneva. 13 14 15 16 RESOLUTION NO. 2015_-__ RESOLUTION AUTHORIZING EXECUTION OF Well #5 Abandonment BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of the City of Geneva, a contract with Water Well Solutions, in the form attached hereto as Exhibit “A”, relating to the abandonment of Well #5 at 710 Dodson Street. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of _________, 2015 AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this ____ day of __________, 2015. Mayor ATTEST: City Clerk 17 AGENDA ITEM EXECUTIVE SUMMARY Consideration of an Ordinance vacating a portion of the public Agenda Item: street commonly known as N. 2nd Street. Presenter & Title: David DeGroot, Community Development Director Date: February 23, 2015 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: N/A Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: At its meeting on February 17, 2015 the City Council approved the Park Place Planned Unit Development (PUD) related to the redevelopment of Block 2 of the Original Town of Geneva, bounded by North Street to the north, Stevens Street to the south, N. 1st Street to the east, and N. 2nd Street to the west. As shown in the attached Plat of Vacation, the applicant requested that the City vacate a portion of N. 2nd Street so that the area can be incorporated into the townhome development. Staff reviewed the request and determined that the right-of-way can be vacated and that the development would be better served with the additional land. The Plat of Vacation was included as a condition of the PUD approval so that the right-of-way would not be vacated if the development was not approved. Since the PUD has been approved, the applicant is seeking formal approval of the Plat of Vacation. The property has been appraised and the applicant has agreed to compensate the City for the land ($42,000), plus the cost of the appraisal ($1,500). The City has already been reimbursed for the cost of the appraisal. Attachments: (please list) Draft Ordinance Plat of Vacation Recommendation / Suggested Action: (briefly explain) Staff recommends approval of the plat of vacation as presented in the attached draft ordinance. A vote of ¾ of the aldermen holding office (8 votes) is required to approve the vacation. 18 State of Illinois ) County of Kane ) ss City of Geneva ) ORDINANCE NO. 2015-____ AN ORDINANCE VACATING A PORTION OF THE PUBLIC STREET COMMONLY KNOWN AS NORTH SECOND STREET BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1. That, pursuant to the provisions of Section 11-91-1 et.seq. of the Illinois Municipal Code (65 ILCS 5/11-91-1 et. seq.), the public interest will be subserved by vacating a portion of the public street commonly known as North Second Street, lying north of Stevens Street, south of North Street and adjoining Lots 5 and 6 in Block 2 in the Original Town of Geneva, in the City of Geneva, Kane County, Illinois, and legally described as follows: That part of Second Street lying adjacent to and contiguous to the west line of Block 2 in the Original Town of Geneva in Township 39 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the northwest corner of said Block 2; thence South 09 degrees, 57 minutes, 19 seconds West, 301.06 feet along the west side of said Block to the southwest corner thereof; thence North 79 degrees, 55 minutes, 10 seconds West, 10.94 feet along the westerly extension of the south line of said Block; thence North 09 degree, 29 minutes, 03 seconds East, 301.05 feet to a point on the westerly extension of the northerly line of said Block; thence South 80 degrees, 02 minutes, 10 seconds East, 13.41 feet along said extended north line to the Point of Beginning, in Kane County, Illinois. This partial vacation is subject to and conditioned upon the City of Geneva, Illinois receiving compensation for the value of the public street vacated hereunder in the sum of Forty-Two Thousand ($42,000) Dollars. In accordance with Section 11-91-1 et.seq. of the Illinois Municipal Code (65 ILCS 5/11-91-1 et. seq.), it is the judgment of the corporate authorities, based upon that certain appraisal report to be prepared by C.A. Bruckner and Associates, Inc., dated December 24, 2014, that the owners of Lots 5 and 6 in Block 2 in the Original Town of Geneva will benefit from this vacation in the amount of the cash, fair market value of the real property vacated, to-wit: $42,000.00. 19 A Plat of Vacation is attached hereto and made a part of this Ordinance by reference as Exhibit “A”. SECTION 2. This Ordinance shall become effective upon it passage in accordance with law and upon the receipt of the sum of Forty-Two Thousand ($42,000) Dollars by the City of Geneva from the record owners of Lots 5 and 6 of Block 2, Original Town of Geneva, in the City of Geneva, Kane County, Illinois. Thereafter, the City Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Kane County Recorder. PASSED by the Mayor and City Council of the City of Geneva, Kane County, Illinois this __________ day of _______________, 2015. AYES NAYS ABSENT ABSTAINING HOLDING OFFICE 11 _______________________________________ City Clerk (SEAL) This instrument prepared by and return to: Charles A. Radovich City Attorney, City of Geneva 22 S. First Street Geneva, Illinois 60134 20 EXHIBIT “A” PLAT OF VACATION 21