The Regular City Council Meeting was held on Wednesday, June 17, 2015, in the Board Room, 3 rd Floor, of the Central Square Building.

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1 The Regular City Council Meeting was held on Wednesday, June 17, 2015, in the Board Room, 3 rd Floor, of the Central Square Building. Mayor Streit called the Meeting to order at 8:44 p.m. COUNCIL MEMBERS PRESENT: PETRAKOS, CAPADONA, GILLOGLY, SMITH, DESKIN, PERRETTA, BARTELSEN COUNCIL MEMBERS ABSENT: VANDERMEER ALSO PRESENT: MAYOR STEVEN STREIT A. MATTEUCCI, CITY CLERK B. BENSON, CITY ADMINISTRATOR T. THANAS, INTERIM CITY ATTORNEY D. DRAKSLER, DEPUTY CHIEF L. HEGLUND, FINANCE DIRECTOR J. LINEHAN, ASSISTANT TO CITY ADMINISTRATOR A. WAGNER, DIRECTOR OF ENGINEERING PRESS PRESENT Jessie Molloy, Free Lance Reporter for the Lockport Legend, Frank Vaisvilas, Free Lance Reporter for Southtown Star, Cathy Wilker, Volunteer for LCTV, and Grant Spooner, were present to cover the Meeting. CONSENT AGENDA MOTION BY SMITH, SECOND BY CAPADONA TO HAVE A CONSENT AGENDA. APPROVAL OF CONSENT AGENDA MOTION BY GILLOGLY, SECOND BY PERETTA TO APPROVE THE CONSENT AGENDA AS PRESENTED. 1. Regular City Council Meeting Minutes of June 3, 2015: Motion to approve the June Regular City Council Meeting Minutes as presented. 1

2 2. Committee of the Whole Meeting Minutes of June 3, 2015: Motion to approve the June 3, 2015 Committee of the Whole Meeting Minutes as presented. 3. Payroll Period ending June 7, 2015: Motion to approve the Payroll Period ending June 7, 2015 as presented. 4. Approval of Bills: Motion to approve the Various Bills as presented. 5. Development Agreement between Legacy Events, LLC and the City of Lockport: Motion to pass Resolution No /A Resolution approving a Development Agreement between Legacy Events LLC, and the City of Lockport for the development of a Haunted House Facility. A) Motion to pass Resolution No /A Resolution approving an Intergovernmental Agreement between the City of Lockport and the Lockport Township Park District regarding the development of Dellwood Park West. 6. Resolution No /Resolution accepting Grants of Easements for State Street Water Main Project. Motion to pass Resolution No /A Resolution accepting the Grants of Easement for the south State Street water main project. EXECUTIVE SESSION MINUTES OF JUNE 3, 2015 MOTION BY CAPADONA, SECOND BY DESKIN TO APPROVE THE EXECUTIVE SESSION MINUTES OF JUNE 3, 2015 AS PRESENTED. TANDEM DEVELOPMENT AGREEMENT FOR A PLANNED INDUSTRIAL SITE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF 163 RD STREET AND I-355 (EAST OF PANDUIT) City Administrator Ben Benson provided his Memo dated June 8, Administrator Benson announced that Paul Ahern is present tonight for any questions. Tandem Development Group has received approval of a 38 acre business park for property generally located at the northwest corner of 163 rd Street and I-355 (vacant property east of Panduit). The proposed plan has two buildings (totaling approximately 524,000 square feet of building area). The Petitioner submitted a Traffic Study prepared by KLOA. Traffic projections included anticipated traffic from Sagebrook and Panattoni. The report finds that traffic generated by Tandem will not have a detrimental impact on the overall operation of the intersection of 163 rd Street and Gougar Road. 2

3 Traffic generated by this development alone will not warrant signalization of the intersection, however, projected traffic increases with the build-out of the three developments (Tandem, Sagebrook, and Panattoni), anticipates the need for a signal. The annexation agreements for both Panattoni and Sagebrook include financial contributions to the City for use toward future signalization. The current draft of the Tandem Agreement includes a $50, financial contribution toward the future signal. The Developer has agreed to donate a fee in-lieu-of constructing the sidewalk along 163 rd Street at this time since there are no existing sidewalks on either side of the development. The amount was based upon an Engineer approved estimate of cost for construction of those sidewalk improvements. Staff has determined that the ROW dedicated is sufficient to allow for a future to be installed. The Developer shall be required to improve 163 rd Street, per the terms of Exhibit H. The Developer will improve the roadway to allow for truck weight limits up to 80,000 pounds. The impr ovements will be installed concurrently with the issuance of the first building permit and are required to be completed prior to the issuance of an occupancy permit of the building. The improvements to 163 rd Street will be from the west property line of this development to the portion of 163 rd Street previously improved by the Illinois Tollway as part of the I-355 extension. The improvements to the roadway shall include an overlay of the existing roadway, creation of asphalt shoulders and any re-grading/restoration to match to the rural cross-section previously completed by the Toll Authority. The improvements also include a westbound, right-hand deceleration lane into the development. MOTION BY DESKIN, SECOND BY GILLOGLY TO APPROVE THE DEVELOPMENT AGREEMENT AS PRESENTED. ROLL CALL VOTE ON THE MOTION: PETRAKOS, CAPADONA, GILLOGLY, SMITH, DESKIN, PERRETTA, BARTELSEN AYES 0 NAY 1 ABSENT VANDERMEER 7 AYES 0 NAY 1 ABSENT 3

4 PZC CASE : TANDEM DEVELOPMENT PRELIMINARY DEVELOPMENT PLANS AND SPECIAL USE FOR A PLANNED INDUSTRIAL DEVELOPMENT PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF 163 RD STREET AND I-355 (DIRECTLY EAST OF PANDUIT/ORDINANCE NO City Administrator, Ben Benson presented Director of Community and Economic Development, Pam Hirth s Memo dated June 10, At the May 20 th Committee of the Whole Meeting, Preliminary Plans and Special Use Permit for a Planned Industrial Development were presented to the Council for a 3 acre industrial/business park generally located at the northwest corner of 163 rd Street and I-355 (directly east of Panduit). The plan shows two buildings (totaling approximately 524,000 square feet of building area). Paul Ahern, on behalf of Tandem Development, was in attendance to present the request and answer questions. Residents from Karen Springs Subdivision spoke at the Meeting and were opposed to the industrial development. A proposed Development Agreement for this project was presented to the Council at the Committee of the Whole Meeting on June 3 rd. Staff requested that City Council take action on Zoning items (Preliminary Plans and Special Use Permit) and the Development Agreement at the same Council Meeting. Upon conclusion of discussion at both Committee of the Whole Meetings, the Council directed Staff to place the Zoning approvals and Development Agreement on the June 17 th City Council Agenda as an Action items. Staff recommends approval of Ordinance No , an Ordinance granting a Special Use Permit for a Planned Industrial Development for property known as Lockport Business Center located north of 163 rd Street and west of I-355 (east of Panduit). MOTION BY DESKIN, SECOND BY CAPADONA TO PASS ORDINANCE NO /AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A PLANNED INDUSTRIAL DEVELOPMENT FOR PROPERTY KNOWN AS LOCKPORT BUSINESS CENTER LOCATED NORTH OF 163 RD STREET AND WEST OF I-355 (EAST OF PANDUIT). ROLL CALL VOTE ON THE MOTION: PETRAKOS, CAPADONA, GILLOGLY, SMITH, DESKIN, PERRETTA, BARTELSEN AYES 0 NAY 7 AYES 0 NAY 1 ABSENT MOTION CARRIED 1 ABSENT VANDERMEER 4

5 457 RETIREMENT PLAN/AXA ADVISORS Finance Director, Lisa Heglund presented her Memo dated June 8, The City currently offers employees the ability to save for retirement through a 457 Tax Deferred Plan with Mass Mutual, in addition to IMRF and the Police Pension Plan. A 457 is a tax deferred Compensation Retirement Plan that is available for the employees. The employer provides the plan and the employee defers compensation into it on a pre-tax basis. The plan operates similarly to a 401k or 403b plan. In order to give employees another option, AXA Advisors will also be allowed to offer a similar 457 investment plan to employees. AXA Advisors is the 16 th largest global financial firm on the Fortune Global 500, and was formed 35 years ago. They have 1,400 participants and over $42,000,000 in assets under management. AXA currently works with many organizations, including Lockport High School District and Taft School District in the public sector. They focus heavily on educating the employee and plan to hold numerous learning opportunities on site. The City is a fiduciary for this investment fund, but does not bear the burden of any costs. The employee is entirely responsible for any fees. MOTION BY CAPADONA, SECOND BY SMITH TO OFFER EMPLOYEES AN OPTION TO USE AXA ADVISORS FOR RETIREMENT INVESTMENTS BOND ORDINANCE/ORDINANCE NO Director of Finance, Lisa Heglund presented her Memo dated June 8, Today was the Bond Sale for the 1.2M dollar bond. There were three bidders. The lowest was Robert Baird. The interest rate that was bid as the lowest was percent which is a very favorable rate for the City. This bond will be paid back over three years. First payment due December of MOTION BY SMITH, SECOND BY PERRETTA TO PASS ORDINANCE NO /AN ORDINANCE AUTHORIZING THE ISSUANCE OF $1,275,000 GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2015, OF THE CITY OF LOCKPORT, ILLINOIS. 5

6 ROLL CALL VOTE ON THE MOTION: PETRAKOS, CAPADONA, GILLOGLY, SMITH, DESKIN, PERRETTA, BARTELSEN - AYES 0 NAY 7 AYES 0 NAY 1 ABSENT MOTION CARRIED 1 ABSENT VANDERMEER READ STREET RECONSTRUCTION CONCURRENCE REQUEST AND MFT RESOLUTION FORM/RESOLUTION NO Director of Engineering, Amy Wagner presented her Memo dated June 15, In December 2010, the City s Engineering Department requested Surface Transportation Program (STP) Funding from the Federal Government, through Will County Governmental League, for the reconstruction of Read Street from 7th Street to Division Street. In 2011, we were notified that we are to receive the requested funding for Phase 2 design and Phase 3 construction in the amount of $1,000,000 or 80% of the total project cost of $1,250,000. After the completion of Phase 1, the Engineer s estimate was $1.73M for construction, showing that the project was potentially underfunded by nearly $665,000. At the time of the initial application, funding of $1M was the maximum allowable, so the City did not include Phase 3 Construction Engineering in the funding request. This, along with increased construction costs and increased Phase 2 engineering costs all contributed to the funding shortfall. In August 2014, the City requested and received additional funding from the Will County Governmental League in the amount of $664,472, to cover the additional construction and construction engineering costs. On June 12, 2015, the bid letting was held for this project through the State Letting Schedule. The lowest three bids were as follows: PT Ferro Construction - $2,038,775.40; Austin Tyler Construction - $2,095,922.46; Gallagher Asphalt - $2,134, The most recent construction cost estimate was $1,999, In February, the Council approved a Resolution appropriating $598,000 in Motor Fuel Tax (MFT) funds to cover the local share of the project. Staff recommends that the City concur with the project award to PT Ferro and adopt a Resolution to appropriate the supplemental amount of $60,000, from the City s General Fund (Capital), to cover the additional Local Share of the construction costs. 6

7 MOTION BY SMITH, SECOND BY BARTELSEN TO PASS RESOLUTION NO /A RESOLUTION AUTHORIZING THE CONCURRENCE WITH THE AWARD OF THE READ STREET RECONSTRUCTION PROJECT TO PT FERRO CONSTRUCTION, IN THE AMOUNT OF $2,038, AND TO APPROPRIATE THE SUPPLEMENTAL AMOUNT OF $60,000, FROM THE CITY S GENERAL FUND (CAPITAL). ROLL CALL VOTE ON THE MOTION: PETRAKOS, CAPADONA, SMITH, DESKIN, PERRETTA, BARTELSEN AYES 0 NAY 1 ABSTAIN GILLOGLY 1 ABSENT VANDERMEER 6 AYES 0 NAY 1 ABSTAIN 1 ABSENT MOTION CARRIED ADJOURNMENT MOTION BY DESKIN, SECOND BY PERRETTA TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:00 P.M. Respectfully submitted by recording the minutes off the DVD, Donna Tadey, Administrative/Deputy Clerk 7

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