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City Council Minutes 2012 11-13-12 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,NOVEMBER 13,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Deputy City Clerk Pickering called the roll. Ward I Colosimo Present Koch Present Ward II Milschewski Present Kot Present Ward III Munns Absent (arrived at 7:25 p.m.) Funkhouser Present Ward IV Spears Present Teeling Present Also present: Deputy City Clerk Pickering, City Attorney Orr, City Administrator Olson, Deputy Chief Hilt,Public Works Director Dhuse, Finance Director Fredrickson, Community Development Director Barksdale-Noble, Interim Director of Parks and Recreation Schraw, and EEI Engineer Freeman. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS RFP Opening for Lot 6 Van Emmon Street City Administrator Olson said that only one RFP had been submitted for Lot 6 Van Emmon Street, which he proceeded to open. The RFP was submitted by Imperial Investments (see attached). RFP Opening for 111 W.Madison Street(Old Jail) City Administrator Olson said that only one RFP had been submitted for 111 W. Madison Street,which he proceeded to open. The RFP was submitted by Imperial Investments(see attached). PUBLIC HEARINGS 1. Downtown Yorkville Business District Development Plan 2. Tax Levy Please see attached transcript from the court reporter regarding the public hearings. CITIZEN COMMENTS Stephenie Todd spoke on the RFP proposal for the Old Jail. She said that she hoped that before the city sold the Old Jail that the city would put some protections into the agreement to ensure that future owners would respect the historical nature of the building. Ms. Todd said that if the building is eligible for the National Register of Historic Places, the buyer would qualify for up to a twenty percent federal tax credit for restoring the building. She said that she has someone from the state checking to see if the building is eligible for the National Register of Historic Places and she would like to see the City Council wait a month before voting to see what the gentleman from the preservation agency says. Howard Manthei spoke on the RFP proposal for the Old Jail. He said that he was disappointed that the city abandoned the original plan to restore the building and turn it into a museum. He feels that it is important to preserve the building as the Old Jail has a twin building in Louisville,Illinois that was built the same year and by the same company as the Yorkville building. Mr. Manthei said that Louisville preserved their building and it now functions as a museum. He said that he was willing to work with the new buyer and share the information that he found while researching the building's history. Randy Witt from Raging Waves spoke in support of a continuing partnership with the Aurora Area Convention and Visitors Bureau(AACVB). He said that the AACVB is very important to his business. Daryl Wiese from the Hampton Inn spoke in support of a continuing partnership with the Aurora Area Convention and Visitors Bureau(AACVB). He supports a five year agreement with the AACVB. The Minutes of the Regular Meeting of the City Council—November 13,2012—Page 2 of 6 CONSENT AGENDA 1. Bills for Payment- $1,042,280.18 (CC 2012-83) 2. Ordinance 2012-42—Allowing and Regulating Electronic Signs—authorize Mayor and City Clerk to execute(EDC 2012-53) 3. Purchase of Adjudication Software—Licensed Software Purchase and Related Services Agreement with Intelligent Solutions—authorize Mayor to execute(PS 2012-28) 4. Ordinance 2012-43—Amending Ordinance 2008-121 by Extending the Expiration Date of the Variation Granted by Said Ordinance for the Property Located at 11925 Route 34—authorize Mayor and City Clerk to execute (EDC 2012-57) 5. Ordinance 2012-44—Amending Fees for Water Service Connections and Installations— authorize Mayor and City Clerk to execute(EDC 2012-58) Mayor Golinski entertained a motion to approve the consent agenda. So moved by Alderman Spears; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Munns-aye, Milschewski-aye, Koch-aye, Teeling-aye, Funkhouser-aye, Kot-aye, Colosimo-aye MINUTES FOR APPROVAL Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting of October 23, 2012 as presented. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Milschewski-aye,Munns-aye, Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-aye, Koch-aye REPORTS MAYOR'S REPORT Ordinance 2012-45 Ordinance Amending the Compensation of Elected Officials Regarding Insurance Coverage (CC 2012-85) Mayor Golinski entertained a motion to approve an Ordinance Amending the Compensation of Elected Officials Regarding Insurance Coverage and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Colosimo. Mayor Golinski said that the issue of elected officials receiving health insurance coverage has been a controversial issue since the election. Since it was a benefit that was offered to elected officials,he feels that it's not right to just eliminate it and he would like to phase this benefit out gradually. Under the proposed ordinance,the elected officials who currently have health insurance would be grandfathered in and would keep the benefit while they remain elected to their current office which would include consecutive terms of office. Mayor Golinski said that he has heard from people in the community who have said they would like the city to get rid of the health insurance benefit and give the elected officials a raise instead. Alderman Milschewski said that she would like to see the benefit end when each of the elected official's current terms ends so that the benefit does not continue indefinitely. Alderman Kot said that he would like to see a sunset provision in place. Alderman Munns questioned what the cost savings would be to the city if this benefit is eliminated. Administrator Olson said that the elected officials health insurance has cost anywhere from $100,000 - $150,000 per year in previous years based upon how many elected officials used the benefit. Alderman Teeling said that she would like to see the benefit phased out as the elected officials current terms end. Alderman Spears said that she didn't agree with a sunset provision, as the current elected officials were elected with the health insurance benefit in place. Alderman Colosimo said that he has received feedback from residents who are both for and against elected officials having health insurance. He said that he has no problem with phasing this benefit out over time as the elected officials leave office. Alderman Funkhouser said that he thinks that the proposed ordinance makes sense as it gradually phases out the benefit through attrition. Alderman Koch said that he would favor a sunset provision. Alderman Teeling made a motion to amend the ordinance by adding a sunset provision for the health insurance benefit to end with the current terms of office; seconded by Alderman Milschewski. Motion to amend ordinance defeated by a roll call vote. Ayes-3 Nays-5 Spears-nay, Munns-nay, Milschewski-aye, Koch-nay, Teeling-aye, Funkhouser-nay, Kot-aye, Colosimo-nay The Minutes of the Regular Meeting of the City Council—November 13,2012—Page 3 of 6 Alderman Kot made a motion to amend the ordinance by adding a sunset provision which ends all health insurance effective April 30, 2017; seconded by Alderman Milschewski. Motion to amend ordinance defeated by a roll call vote. Ayes-4 Nays-5 Munns-nay, Milschewski-aye, Koch-aye, Teeling-aye, Funkhouser-nay, Kot-aye, Colosimo-nay, Spears-nay, Mayor Golinski-nay Mayor Golinski said that the original motion was back on the table. There were no further comments or questions. Original motion approved by a roll call vote. Ayes-6 Nays-2 Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-nay, Koch-aye, Milschewski-nay, Munns-aye Ordinance 2012-46 Ordinance Amending the Compensation of Elected Officials (CC 2012-85) Mayor Golinski entertained a motion to approve an Ordinance Amending the Compensation of Elected Officials and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Funkhouser. Mayor Golinski said that the City Council hasn't received a raise since 2007 and he feels that the elected officials have accomplished a lot and deserve a raise. He is proposing a$2000.00 increase in pay. Mayor Golinski said that the elected officials can propose a higher or lower amount or they could choose to keep the pay where it is currently at. Alderman Kot said that historically local elected officials have been underpaid; however,he said that city employees only received a 2%raise earlier this year and it was the first raise they had received in several years. He said that under the proposed increase,the elected officials would receive a much higher percentage increase in pay;therefore,he doesn't support this increase right now. Alderman Kot said that he would like to see the proposed increase in pay come back during budget discussions and the elected officials could review all salaries city wide and perhaps they could make an adjustment then. He said that times are tough and the elected officials are trying to get other projects done. Alderman Munns said that the city has raised the pay scales for just about every department in the city over the past ten years. He said that if employees get their pay raised,that it is only fair that the elected officials get their pay raised as well. Alderman Teeling said that she is against the pay increase. She doesn't think that it is necessary to increase the pay that elected officials receive for serving their community. Alderman Milschewski said that she agreed with Alderman Teeling that an increase to their annual pay was unnecessary. Alderman Milschewski said that she did support the increase to the meeting pay for special meetings. Mayor Golinski said that even if the elected officials decide against an increase in the annual pay, he hoped that the special meeting pay amendment would be approved. Administrator Olson noted that the proposed ordinance also included an increase to the stipend that is paid to the appointed deputy clerk and deputy treasurer positions and included pay for meeting attendance. Alderman Colosimo made a motion to amend the ordinance by striking from section 1-6-5 (A)numbers one through four; seconded by Alderman Milschewski. Motion to amend ordinance approved by a roll call vote. Ayes-7 Nays-1 Milschewski-aye, Koch-aye, Teeling-nay, Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-aye, Munns-aye Motion to approve amended ordinance approved by a roll call vote. Ayes-7 Nays-1 Munns-aye, Spears-aye, Colosimo-aye, Kot-aye, Funkhouser-aye, Teeling-nay, Koch-aye, Milschewski-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Sale of Lot 6 Van Emmon Street (CC 2012-86) Administrator Olson said that the RFP proposal contained an offer to purchase Lot 6 for the price of $13,500 and it also included improvements to the parking lot. The buyer is estimating that the proposed improvements will cost between $15,000- $25,000 for demolishing and repairing the lot. Alderman Teeling asked what would happen to the pump house that is currently located by the parking lot. Mayor Golinski said that the pump house would remain; however,the city would keep access rights to get to the The Minutes of the Regular Meeting of the City Council—November 13,2012—Page 4 of 6 pump house. Administrator Olson said that the RFP for the parking lot does not include the driveway that the city considers the west alley. The west alley stretches all the way from Van Emmon to Hydraulic so the city would retain a right-of-way on the alley and additionally, the city would retain rights to tear up the parking lot at the city's cost if there was a need to access the utilities that are located below the parking lot. Administrator Olson said that staff is looking for direction from the City Council as to whether the city attorney should proceed with drafting a finalized purchase agreement,which would come back to a future meeting for approval. There was consensus from the City Council for Attorney Orr to draft a sales contract for an upcoming meeting. Sale of 111 W. Madison Street(Old Jail) (CC 2012-87) Administrator Olson said that the RFP proposal included a commitment to renovate the building while recognizing the historic importance of the Old Jail. The buyer is proposing that instead of paying the city money for this building,they will instead commit to making $250,000 in improvements to this property. Mayor Golinski said that if the Illinois Department of Commerce and Economic Opportunity(DCEO) requires repayment of the $64,000 grant that the city previously received that the money would be paid back out of the committed$250,000 in improvements by the purchaser. Alderman Teeling said that she would like the City to talk to the Illinois Historic Preservation Office to see if the building would be eligible to be added to the registry. Mr. Tollefson of Imperial Investments spoke and encouraged everyone to come and look at the downtown to see what he is trying to accomplish. He said that his goal is to try to preserve as much history as he can. Mr. Tollefson was asked if he was willing to have the building added to the Historical Register if the building qualifies. Mr. Tollefson said that if there was a twenty percent tax rebate then he would be willing to look at it to see if it's realistic to register the building. Mayor Golinski asked the City Council if they were in favor of parting with the building with the guarantee that someone is going to put the money into the building itself instead of paying the city for the building. Alderman Colosimo said that the city would need to be careful about the possibility that the state might not come back and ask for repayment of the $64,000 grant until after Imperial Investments had already renovated the building and spent the $250,000 on renovations. Mayor Golinski said that the grant was for tourism and the renovations that Imperial Investments is proposing may still qualify under the tourism grant. Mayor Golinski asked for staff to contact the state and try to get an answer now as to whether the state would ask for the grant money to be repaid. There was consensus from the City Council for staff to work on getting more information for the City Council regarding potential repayment of the DCEO grant and talking to the Illinois Historic Preservation Office. Resolution Approving Sixth Amended Intergovernmental Cooperation Agreement Regarding the Aurora Area Convention and Visitors Bureau (Version 1) (EDC 2012-33) A motion was made by Alderman Munns to approve a Resolution Approving the Sixth Amended Intergovernmental Cooperation Agreement with a term length of five years as presented in Version 1 and authorize the Mayor and City Clerk to execute; seconded by Alderman Teeling. Alderman Munns mentioned that the five year term received a three to one negative recommendation from the Economic Development Committee. The committee decided to bring two agreements to the City Council so that the City Council could decide as a whole. Three of the four committee members thought that the city should go with a three year agreement with two one year options which would equal a five year contract if the city feels that the Aurora Area Convention and Visitors Bureau(AACVB) is doing a good job. Attorney Orr mentioned that if the City Council decides to go with Version 2,which is the three year agreement with two one year renewal options,that agreement will have to go back to the other participating municipalities as several of the other municipalities have already approved the five year agreement as presented in Version 1. Discussion took place on the term length of the agreement. Most of the aldermen felt that the five year term length was too long. They want to look out for Yorkville businesses and it was thought that a three year term length with the two one year options to automatically renew unless Yorkville notified the other parties in writing, would keep the AACVB working on Yorkville's behalf. If the City Council approves Version 2 and the AACVB does its'job,the agreement will end up being a five year agreement because the city will not take action to terminate the agreement. It was mentioned that Aurora and Yorkville are the two biggest contributors to the AACVB and that Aurora has not renewed the agreement yet either. Motion defeated by a roll call vote. Ayes-1 Nays-7 Funkhouser-nay, Teeling-aye, Koch-nay, Milschewski-nay, Munns-nay, Spears-nay, Colosimo-nay, Kot-nay The Minutes of the Regular Meeting of the City Council—November 13,2012—Page 5 of 6 Resolution 2012-29 Approving Sixth Amended Intergovernmental Cooperation Agreement Regarding the Aurora Area Convention and Visitors Bureau (Version 2) (EDC 2012-33) A motion was made by Alderman Munns to approve a Resolution Approving the Sixth Amended Intergovernmental Cooperation Agreement with a term length of three years with two(2) one year terms that would be automatically renewed if the City does not terminate the agreement in writing as presented in Version 2 and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Teeling-aye, Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-aye, Munns-aye, Milschewski-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT No report. STAFF REPORT Holiday Under the Stars City Administrator Olson reported that the Parks and Recreation Department would be holding the annual Holiday Under the Stars festival on Friday,November 16 at Riverfront Park from 5:00 p.m.until 9:00 p.m. In addition to Santa,there would also be vendors and performances by local groups. New to the festival this year is a fireworks display sponsored by Boombah. ADDITIONAL BUSINESS Route 47—Cameras on Poles Alderman Colosimo said that with the construction on Route 47, he has noticed that there are cameras located on all of the poles and he wondered what the purpose of the cameras was. Public Works Director Dhuse explained that cameras were all interconnected with each other and their purpose was to move traffic more efficiently along Route 47 during the construction process. Chamber of Commerce/IDOT Meeting Alderman Funkhouser noted that he had attended a question and answer session that IDOT held with the Chamber of Commerce members regarding the Route 47 construction project. He said that IDOT is looking to communicate and work with the local businesses that will be affected by the construction. Fox Hill Townhomes-Mailboxes Alderman Munns said that he had received a phone call from a resident,who lives in a townhouse in the Fox Hill subdivision,who was complaining about people parking in front of his mailbox. Alderman Munns asked what the procedure was to make an area a no parking area. Director Dhuse explained that the city is unable to put a no parking sign up because there is not very much parking available elsewhere on that street. The mailboxes were put up in one of the only two places that are available for people to park for three townhome building lengths. A solution would be for them to move the mailboxes to an area where vehicles can't park. Director Dhuse said that the mailboxes could be split into two groups and The Minutes of the Regular Meetin¢of the City Council—November 13,2012—Page 6 of 6 placed next to the driveways and it would take care of the problem. Administrator Olson said that staff had looked into this previously and the city does not have jurisdiction over being able to write parking tickets for parking in front of the mailboxes. It's up to the post office if someone is parked there when the post office tries to deliver the mail. Countryside Parkway Alderman Spears asked Director Dhuse if he had an estimate on when the turn arrows would be repainted on Countryside Parkway. Director Dhuse said that the turn arrows would not be repainted until next spring. REC Center Mayor Golinski said that the referendum vote on the potential purchase of the REC Center had failed at the November 6, 2012 election by approximately three hundred votes. He said that he had met with recreation staff and discussed the city's strategy for exiting the REC Center building. The full time recreation staff members would be moving back into the old post office building on Hydraulic. Mayor Golinski said that there would also be a big reduction in the city's recreation programming as the city goes through the transition process. EXECUTIVE SESSION Mayor Golinski said that the City Council did not need to go into executive session this evening. CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Spears. Motion unanimously approved by a viva voce vote. Meeting adjourned at 8:44 p.m. Minutes submitted by: dwo Lisa Pickering, Deputy City Clerk, City of Yorkville,Illinois IMPERIAL INVESTMENTS, LLC November 12, 2012 Bid Response- Lot 6 United City of Yorkville, Illinois 800 Game Farm Road Yorkville, Illinois 60560 Attention: Mr. Bart Olson, City Administrator Subject: Imperial Investments, LLC., Bid submittal to purchase a public parking lot (Lot 6)within the downtown region of Yorkville, Illinois from the owner and operator, The United City of Yorkville, Illinois Dear Mr. Olson: In response to the Request For Proposal, Imperial Investments, LLC ("the Buyer") greatly appreciates the opportunity to submit this formal Bid to purchase real property from the United City of Yorkville, Illinois (the"Seller"). This said property is presently a municipal outdoor parking lot located within the downtown region of Yorkville and more specifically, to the West of Cobblestone Bakery and Bistro and adjacent to West Van Emmon Street, also referred to as Lot 6. As further confirmation per this bid submittal, please take note of"Exhibit A" attached hereto as it contains an aerial photograph outlining the said parcel in its entirety. As a part of this formal Bid submittal and included below are two sections. Section "A" represents a transparent overview explaining both Imperial Investments thought process and reasons for acting on this RFP, and the fact that this is a win/win for both parties involved. Section "B" contains the business terms and conditions that we would like the Seller to consider and accept so that we may finalize this process with the intention to close on this property as soon as possible. Imperial Investments Bid 11/12/2012 (cont.) 202 Boombah Blvd Yorkville, IL 60560 A. Defining reasons and intentions for the acquisition of Lot 6. 1. Imperial Investments will cover all costs to fully improve Lot 6 which will include demolishing/grinding of existing surface down to the dirt base, and to construct a new lot inclusive of restriping. The timing for completion is weather based and cannot be installed properly until spring. In the mean-time we will patch and clean until the weather breaks in the spring. 2. It is estimated that the cost to demolish and repair the existing lot will range from $15,000 to $25,000. 3. Lot 6 will become much more prevalent and a focal point based on the repositioning of the commercial store fronts. As part of the Imperial Investments rehabilitation plan the primary point of entry for all of the West side buildings, with the exception of the Rivers Edge Theater, will now face to the West and thus the parking lot becomes part of the primary landscape. As mentioned above our goal is to make those upgrades happen to Lot 6. 4. Lot 6 will remain as a public parking lot to all residents and visitors of Yorkville's downtown. 5. Imperial Investments will be responsible to maintain Lot 6 ongoing, thus removing the maintenance and repair burden and associated costs away from the United City of Yorkville. 6. A sale to a private entity such as Imperial will place the property on the Tax Roll which will benefit the United City of Yorkville. B. Business Terms and Conditions 1. Property Description. Lot 6, Van Emmon Street, Yorkville, IL 60560. A 5,500 square foot municipal parking lot including approximately 15 parking spots. Furthermore and as noted per the Kendall County GIS Map, Parcel Number 05-38- 283-009 (the "Property") and as shown on "Ex. A" attached hereto, a 5,500 square feet municipal parking lot 2. Legal Description. Part of Lot 6, Block 1, Black's Addition to Yorkville, as described in Deed Records Book 63, page 290 in the Recorder's Office of Kendall County, Illinois as more particularly described as follows: Beginning at the Southwest corner of Lot 6 of Block 1 of Black's Addition to the Village of Yorkville, Kendall County, Illinois; running thence Northerly along the East line of an alley, 87 feet; thence Easterly along the North line of said Lot 6, 57 feet; thence Southerly 87 feet more or less, to the North line of Van Emmon Street; thence Westerly along said Van Emmon Street, 57 feet to the place of beginning Imperial Investments Bid 11/12/2012(cont.) 202 Boombah Blvd Yorkville, IL 60560 3. Purchase Price. Thirteen Thousand & Five Hundred Dollars ($13,500) 4. Property Conditions. AS IS 5. Escrow. Shall be handled through a title company or other approved method by the United City of Yorkville. 6. Deposit. Buyer shall deposit with Escrow Agent $5,000.00 (the "Earnest Money") within five (5) days after bid is accepted. 7. Documents. If available the Seller shall provide the Buyer with all books, records, legal documents, and other information concerning the physical condition of the Property, including, but not limited to, surveys, title insurance policies, permits, plans and specifications, covenants, conditions and restrictions, soil tests, environmental assessment reports, documents concerning pending or threatened legal actions, notices of violations of laws, Reciprocal Easement Agreement and any Development Agreement that may affect this Property. 8. Due Diligence Period. This shall be for a period commencing the date that the contract is fully executed which shall be no longer than 30 days. 9. Delivery of the Property. Seller will deliver the Property free and clear of any and all liens, encumbrances, or any and all matters directly or indirectly related to legal actions against the seller for any reason that may be pending or that may occur prior to closing. Furthermore the seller will fully indemnify the buyer against any such actions. 10.Closing. The close of escrow shall occur within fifteen (15) days after the contract is fully executed by the Buyer and Seller unless agreed to otherwise by both parties. 11. Purchase Agreement. A formal and binding contract further discussing any and all terms and conditions will be prepared by the Seller and will be fully executed by both the Seller and the Buyer prior to the closing. Thank you for your time and consideration. Sincerely, Stuart Oseroff Imperial Investments, LLC 204 Boombah Blvd Yorkville IL, 60560 202 Boombah Blvd Yorkville, IL 60560 Exhibit A Site Plan 202 Boombah Blvd Yorkville, IL 60560 r- _ a� L - -T 1, k7 , IMPERIAL INVESTMENTS, LLC November 12, 2012 Bid Response—Old Jail Yorkville IL United City of Yorkville, Illinois 800 Game Farm Road Yorkville, Illinois 60560 Attention: Mr. Bart Olson, City Administrator Subject: Imperial Investments, LLC, Bid submittal to purchase the "Old Jail" having an address of 111 West Madison Street, Yorkville, Illinois. Dear Mr. Olson: In response to the Request For Proposal, Imperial Investments, LLC ("the Buyer") greatly appreciates the opportunity to submit this formal Bid to purchase real property from the United City of Yorkville, Illinois (the"Seller"). This said property is presently "the Old Jail' located within the downtown region of Yorkville and more specifically, 111 West Madison Street, Yorkville, Illinois. As a part of this formal Bid submittal and included below are two sections. Section "A" represents a transparent overview explaining both Imperial Investments thought process and reasons for acting on this RFP, and the fact that this is a win/win for both parties involved. Section "B" contains the business terms and conditions that we would like the Seller to consider and accept so that we may finalize this process with the intention to close on this property as soon as possible. Imperial Investments Bid 11/12/2012(cont.) 202 Boombah Blvd Yorkville, IL 60560 A. Defining reasons and intentions for the acquisition of Lot 6. 1. The intent is to alleviate the burden on municipal government by removing a high maintenance and liability property from the public property inventory. 2. Place a property that has never been on the tax rolls into a capacity to generate taxes to local government. 3. Provide a privately owned and funded venue of historic value and importance bearing in mind the recognition of the building as a one of the state's most endangered buildings in the State of Illinois (2003). 4. The committed funds would be expended on the project within 3 years from the time of acquisition of the property. 5. Upon redevelopment and improvement of the property, the building and site would serve as a venue for outdoor events in addition to the planned Amphitheater located next to the Old Jail property 6. The site would include a food and beverage component for accompany the events facility. 7. Arts and crafts would be a part of the public involvement of the site to retain tourism, public interest and generate another way to shop local. 8. If the DECO requires the $64,000 grant that was award to the City to be repaid, that would be repaid out of the committed $250,000. 9. Imperial Investments will be responsible to maintain Lot 6 ongoing, thus removing the maintenance and repair burden and associated costs away from the United City of Yorkville. 10.A sale to a private entity such as Imperial will place the property on the Tax Roll which will benefit the United City of Yorkville. B. Business Terms and Conditions 1. Property Description. 111 West Madison Street, Yorkville, Illinois, identified as parcel number 05-38-287-001 2. Legal Description. Lots 1, 2, 3, and 4, all in Block 28, except any part taken for People of State of Illinois, of the Original Village of Yorkville, in Kendall County, Illinois Imperial Investments Bid 11/12/2012(cont.) 202 Boombah Blvd Yorkville, IL 60560 3. Purchase Price. To provide a further commitment in Yorkville's downtown committing a minimum amount of$250,000 for repair, improvements and redevelopment of the building and site. If the DECO requires the $64,000 grant that was award to the City to be repaid, which would be repaid out of the committed $250,000. 4. Property Conditions. AS IS 5. Escrow. Standard practices to be determined. 6. Deposit. Buyer shall deposit with Escrow Agent $5,000.00 (the "Earnest Money") within five (5) days after bid is accepted. 7. Documents. If available the Seller shall provide the Buyer with all books, records, legal documents, and other information concerning the physical condition of the Property, including, but not limited to, surveys, title insurance policies, permits, plans and specifications, covenants, conditions and restrictions, soil tests, environmental assessment reports, documents concerning pending or threatened legal actions, notices of violations of laws, Reciprocal Easement Agreement and any Development Agreement that may affect this Property. 8. Due Diligence Period. This shall be for a period commencing the date that the contract is fully executed is accepted which shall be no longer than 30 days. 9. Delivery of the Property. Seller will deliver the Property free and clear of any and all liens, encumbrances, or any and all matters directly or indirectly related to legal actions against the seller for any reason that may be pending or that may occur prior to closing. Furthermore the seller will fully indemnify the buyer against any such actions. 10.Closing. The close of escrow shall occur within fifteen (15) days after the contract is fully executed by the Buyer and Seller unless agreed to otherwise by both parties. 11.Purchase Agreement. A formal and binding contract further discussing any and all terms and conditions will be prepared by the Seller and will be fully executed by both the Seller and the Buyer prior to the closing. Thank you for your time and consideration. Sincerely, Stuart Oseroff Imperial lnvestments LC 204 Boombah Blvd Yorkville IL, 60560 202 Boombah Blvd Yorkville, IL 60560 t rr II ; r•' t',1 r .f t A O �.t ,i L-0 •x�. s'.}.,{moo„- � }sj �e: 1 STATE OF ILLINOIS ) SS . COUNTY OF KENDALL ) BEFORE THE UNITED CITY OF YORKVILLE CITY COUNCIL IN RE THE MATTER OF: ) DOWNTOWN YORKVILLE BUSINESS ) DISTRICT DEVELOPMENT PLAN and ) TAX LEVY. ) CITY COUNCIL PUBLIC HEARING November 13, 2012 7 : 00 o ' clock p.m. PROCEEDINGS HAD and testimony taken before the UNITED CITY OF YORKVILLE CITY COUNCIL, taken at 800 Game Farm Road, Yorkville, Illinois, before Megan L. Romak, CSR, a Notary Public qualified and commissioned for the State of Illinois . BOARD MEMBERS PRESENT: MR. GARY GOLINSKI, Mayor. MR. CARLO COLOSIMO, Alderman. MR. KEN KOCH, Alderman. 11/13/2012 2 MS . JACKIE MILSCHEWSKI, Alderwoman. MEMBERS PRESENT (Continued) MR. LARRY KOT, Alderman. MR. CHRIS FUNKHOUSER, Alderman. MS . ROSE ANN SPEARS, Alderwoman. MS . DIANE TEELING, Alderwoman. ALSO PRESENT : MS . KATHLEEN FIELD ORR, City Attorney. MR. BART OLSON, City Administrator . MS . LISA PICKERING County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 3 1 MAYOR GOLINSKI : Roll call, please. 2 MS . PICKERING: Colosimo? 3 MR. COLOSIMO: Right . 4 MS . PICKERING: Koch? 5 MR. KOCH: Here . 6 MS . PICKERING: Milschewski? 7 MS . MILSCHEWSKI : Here . 8 MS . PICKERING: Kot? 9 MR. KOT: Here. 10 MS . PICKERING: Munns? 11 (No response . ) 12 MS . PICKERING: Funkhouser? 13 MR. FUNKHOUSER: Here . 14 MS . PICKERING: Spears? 15 MS . SPEARS : Present . 16 MS . PICKERING: Teeling? 17 MS . TEELING: Here . 18 MS . PICKERING: We have a quorum. 19 20 21 22 MAYOR GOLINSKI : Okay. We do also have two public County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 4 1 hearings tonight . The first public hearing is for Downtown 2 Yorkville Business District Development Plan. 3 We don't need a motion, do we? 4 MS . ORR: No. 5 MAYOR GOLINSKI : We ' ll move on to the public hearing for 6 that . 7 Kathy, do you want to give a brief synopsis 8 real quick? 9 MS . ORR: Under the Business District Development and 10 Redevelopment Act, it ' s actually the law, there is a provision 11 that if an area -- commercial area is in any way blighted, and by 12 blighted there is a specific definition meaning it ' s lacking in 13 streets, public infrastructure, certain issues that should be 14 addressed, building code violations, et cetera, the designation 15 of the business district as a blighted area authorizes the 16 municipality to oppose up to one percent of additional sales tax. 17 The sales tax, however, cannot be put into the general fund but 18 must be used for specific projects to improve the so-called 19 blighted area. 20 It' s been proposed that a portion of our 21 downtown be designated the business district so that this City 22 Council would have the ability to consider an additional sales County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 5 1 tax that would be solely used for the specific area. Within the 2 plan and I hope, Christine, we have a map of the -- did you bring 3 a map of the district? 4 MS. NOBLE: No. 5 MS. ORR: It is an area that is described within the plan 6 designated area and it' s generally bounded by -- 7 MS . NOBLE: 47 -- 8 ALDERMAN COLOSIMO: Hydraulic on the north, Van Emmon on 9 the south, 47 on the east and 195 feet behind to the west. Off 10 the top of my head. 11 MS. ORR: The parcels are owned by a single entity who, in 12 fact, has requested that this City Council consider this 13 proposal . That ' s it . 14 MAYOR GOLINSKI : Do we have anyone from the public that 15 would like to comment on Downtown yorkville Business District 16 Development Plan? 17 Hearing none, we will close the public 18 hearing. 19 Next we will open a public hearing on the tax 20 levy. Our City Administrator, Mr. Olson, has a brief 21 presentation, and then we will take public comment on our tax 22 levy. County Court Reporters, Inc . 630 . 653 . 1622 11/13/2012 6 1 Go ahead shut off this front set of lights . 2 There you go. Good enough. It ' s not really. The other switch. 3 Try the other one. Does that help better? Is that better? 4 I did use it for my presentation at the -- 5 dinner. I hope I didn't break it . It worked when I brought it 6 back. 7 MR. OLSON: Okay. I apologize for the technical 8 difficulty. Laurie, your computer is probably best . Let ' s see 9 if I can e-mail this to you. 10 MAYOR GOLINSKI : Unless you want to wing it without the 11 power point. 12 MR. OLSON: I can do that. 13 MAYOR GOLINSKI : Just wing it. I mean the power point was 14 the same as last year anyway. 15 MR. OLSON: Okay. So as the Mayor stated, this is a 16 similar power point presentation, so we 'll get it up online and I 17 appreciate everybody bearing with me. 18 So like I said, it ' s been a couple years 19 since we had technical difficulties with power points, so we are 20 probably overdue for one now. 21 So this is a public hearing on the Property 22 Tax Extension Limitation Law. This is actually required by law, County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 7 1 and we 're doing this because the City wants your input on our 2 property tax extension. So the most important thing we can tell 3 everybody about property taxes is we always ask for more than we 4 think that we're going to get, so we asked for about 3 . 5 million 5 dollars last year and it came in in May it was finalized at only 6 3 . 4, so we've talked about this each year . The reason we do this 7 is PTEL law, that ' s property tax extension limitation law, bases 8 what the City can collect off of what you collect last year. So 9 if we collect a million dollars one year and then the next year 10 we decide all of a sudden we only think we need $200, 000 our next 11 year ' s increment is based off of that $200, 000 . It doesn't 12 matter what you did two years ago, three years ago, it ' s only 13 what you did the year prior factoring in CPI, so consumer price 14 index, and new growth. 15 So this year we are requesting, now this is 16 only under the PTEL law, about 3 . 65 million dollars in property 17 taxes for all the City' s operations; admin, finance, community 18 development, streets, police, parks and recreation, and we think 19 that we're going to get about 3 . 55 million. So again we 're 20 asking for more than we think we are going to get . So none of 21 these figures include any money for the library or debt 22 associated with the property taxes which we talked about. A County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 8 1 couple years ago we did not evade some debt and that ' s why 2 property taxes went up two years ago the way that they did. So 3 we are hoping to get about $100, 000 more than we got last year. 4 The only reason that we 're requesting that is 5 because we need to make sure that we catch up on our police 6 pension funding. For anybody that 's been following us for the 7 past couple years, we 've had some issues with police pension 8 funding just not funding it to the yearly amount based on our own 9 actuarial assumptions . And if we don't match that dollar amount 10 by fiscal year 15 and fiscal year 16, the State will actually 11 come to us and take away some of our state revenues and make sure 12 that we meet that to 100 percent so everything that we're asking 13 for in our corporate levy is going to go towards police pensions . 14 So we try to do a little bit of a property 15 tax bill calculation. Everything is relative to your neighbor to 16 property tax values across the city. So based on our own 17 assumptions, if you paid about $780 last year to the City and to 18 the library now that includes debt, library bonds, library 19 construction, library operations and city taxes, $780 last year 20 and your property value goes down six percent this year, which is 21 about average, you're going to pay $778, so that ' s a $2 decrease 22 actually. If your property value goes down 10 percent, which we County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 9 1 have seen some people do, the average has been, like I said, 2 between six and ten percent, you know, we 're expecting it to go 3 between the City and library down about $38 . It would go from 4 780 to 742 . 5 If you're one of the unfortunate people that 6 actually had your property reassessed and the property value went 7 up, let ' s say, three percent, your City library tax bill will go 8 from about $780 last year to $858 this year. Again, that ' s 9 because you're seeing an increase. You have a larger share of 10 the pie when everybody else is seeing a decrease. And if your 11 property value stayed the same just because everybody else is 12 seeing a decrease city wide, your property tax bill will probably 13 go up $780 dollars to $832 total, so an increase of about 52, and 14 again, that 's all relative. 15 One thing that we want to make sure is the 16 City' s property tax bill is only about 10 percent of your total 17 property tax bill, so I 've got a nice pie chart that I was going 18 to show you, but obviously you're going to have to imagine it, 19 but it shows the school district like $5, 200 tax bill is $3, 300 20 worth of your tax bill. The City' s is 400, the library is 173, 21 Kendall county' s is about 400, Waubonsee' s is 275, Bristol Road 22 District' s is 150, BKFD itself is about 450, so we try to give County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 10 1 everybody a good context compared to other governmental entities. 2 So the numbers, because property values are 3 going down and we 're asking for a little bit more than we asked 4 for last year, the operation rate means that the rate is going to 5 go up. It ' s just simple math. So the thing that we want to make 6 sure -- everybody' s rate is going up the amount that we're 7 actually asking for overall between the library and the City is 8 actually going down two and a half percent is what we're 9 calculating. And, again, your property tax bill is going to be 10 dependent on what you do compared to everybody else in the City 11 so your neighbor, the business across the street, if you see a 12 big property tax or property value decrease and everybody else 13 sees only a small decrease, your property tax bill is going to go 14 way down. But if you see an increase or you see a small decrease 15 and everybody else gets a big decrease, your property tax bill is 16 going to go way up, so it 's all relative. 17 And then I walk through a couple different 18 scenarios . If anybody remembers from last year Mr. Condons and 19 his family and Uncle Penny Bags . It just shows that, you know, 20 the neighbor across the street who has the big house and got a 21 significant decrease in his property assessment, your tax bill is 22 going to go up and you're going to have a bigger share of the County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 11 1 pie, so we just want to make that clear to everybody. 2 So one of the questions we get is why do you 3 need more money. And, again, we have to hold the property tax 4 public hearing because our corporate levy, our operations levy, 5 is going up even though our overall tax levy is going to go down, 6 so between library bonds and city we 're going down because the 7 city portion is going up slightly we have to hold a public 8 hearing. So again all new property tax revenues going towards 9 police pension funding and another reason we ask for more is 10 because it ' s based off of the prior year ' s levies so that 's 11 important to remember from an operational perspective. 12 Long-term we still have Route 47 . It just 13 started. We haven't seen a bill for it yet. We got that over 14 the next 10 years . Game Farm Road which we have not started 15 other than engineering. We 're hoping to start about fiscal year 16 15 . That ' s a seven million dollar project . We have got two and 17 a half million dollars worked out from the federal government, so 18 we have to figure out a way to fund four and a half million 19 dollars on Game Farm Road. River Road bridge, yes, we got a 20 county loan, but we 're still responsible for paying that back 21 over six years even with no interest . And then kind of the big 22 thing hanging over everybody' s heads is we still have our Road County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 12 1 Meetings Program that we just finished a study and we're hoping 2 to have a preliminary presentation on that actually next week at 3 Public Works, but that could be another one to two million dollar 4 per year obligation depending on what level we want to fund our 5 road maintenance at . 6 Also you've got water debt, sewer debt we 7 talked about a lot in the past couple years . I don't want to get 8 into that too much further. And then all the recapture payments 9 associated with those developments . So even though this year -- 10 this past year was relatively good for us, we're projecting that 11 this year is going to be good. We do a five-year budget for a 12 reason so that we don't get into the same situation we were a 13 couple years ago, so we're really trying to look long-term. 14 And then the most important answer to that 15 why do you need more money? We don't actually. Like I said, our 16 overall levy between the City, the bonds and the library is 17 actually decreased by about two and a half percent . Just because 18 the City' s portion is going up a small amount is the reason we 19 have to have the public hearing. 20 So please note when you're looking at this on 21 the power point or in the packets, all these materials are in the 22 city council packets, all these are estimates . We 're not going County Court Reporters, Inc . 630 . 653 . 1622 11/13/2012 13 1 to know the actual tax rate, property assessments until May when 2 everybody gets through their appeals and the County does the 3 calculations . And the city council isn't voting on this tonight. 4 We have to file it with the county clerk by the end of December . 5 The last Tuesday in December to be exact and so there' s still 6 time for your input whether it ' s tonight, whether you e-mail the 7 council members individually over the next couple weeks, there 's 8 still time for your input . 9 So with that I appreciate your patience with 10 the technology, and I will turn it over. Thank you. 11 MAYOR GOLINSKI : Thank you, Mr. Olson. \ 12 Do we have any members of the audience that 13 would like to comment on the tax levy for public hearing 14 purposes? 15 Yes, sir . Please state your name for the 16 record and sign in. 17 MR. ALANIZ : Yes, sir. Jesus Alaniz, Colonial Parkway. 18 Your Honor, first of all I would just like to keep it short, so I 19 would like to ask can we e-mail you our opinions and our feelings 20 and they would still be entered into the record? 21 MAYOR GOLINSKI : Absolutely. Put on there that you would 22 like it entered into the record and we can do that . County Court Reporters, Inc . 630 . 653 . 1622 11/13/2012 14 1 MR. ALANIZ : Okay. Then if it 's okay I would just rather 2 cut it short and reduce it to that. 3 MAYOR GOLINSKI : That ' s fine. There 's no problem with 4 that, right? 5 MS . ORR: Right. 6 MAYOR GOLINSKI : Okay. 7 MR. ALANIZ : Thank you, your Honor. 8 MAYOR GOLINSKI : Absolutely. Thank you, sir. 9 Do we have any other members of the audience 10 who would like to comment on the tax levy for public hearing 11 purposes? 12 Seeing none, hearing none we would go ahead 13 and close the public hearing. 14 (Which were the proceedings taken 15 at the above-captioned matter. ) 16 17 18 19 20 21 22 County Court Reporters, Inc. 630 . 653 . 1622 11/13/2012 15 1 2 STATE OF ILLINOIS ) SS . 3 COUNTY OF GRUNDY ) 4 5 I, MEGAN L . ROMAK, CSR, a Notary Public duly 6 qualified and commissioned for the State of Illinois, 7 County of Grundy, do hereby certify that I reported in 8 shorthand the proceedings had and testimony taken at the 9 evidence deposition of the above-entitled cause, and that 10 the foregoing transcript is a true, correct and complete 11 report of the entire testimony so taken at the time and 12 place hereinabove set forth. 13 14 15 CERTIFIED SHORTHAND REPORTER 16 17 18 19 20 21 22 County Court Reporters, Inc . 630 . 653 . 1622 11/13/2012 16 A 6 : 14 best 6 : 8 C Colonial 11 : 20 ability apologize better6 : 3 calcul . . . 13 : 17 13 : 2, 4 4 : 22 6 : 7 6 : 3 10 : 9 Colosimo 15 : 3, 7 above-. . . appeals big10 : 12 calcul. . . 1 : 20 3 : 2 county' s 14 : 15 13 : 2 10 : 15, 20 8 : 15 3 :3 5 : 8 9 :21 above-. . . apprec. . . 11 : 21 calcul . . . come 8 : 11 couple 15 : 9 6 : 17 bigger 13 : 3 comment 6 : 18 8 : 1 Absolu. . . 13 : 9 10 : 22 call3 : 1 5 : 15, 21 8 : 7 13 : 21 area 4 : 11 bill8 : 15 CARLO1 : 20 13 : 13 10 : 17 14 : 8 4 : 11, 15 9 : 7, 12 catch 8 : 5 14 : 10 12 : 7, 13 Act 4 : 10 4 : 19 5 : 1 9 : 16, 17 cause15 : 9 commer. . . 13 : 7 actual 5 : 5, 6 9 : 19, 20 certain 4 : 11 CPI 7 : 13 13 : 1 asked7 : 4 10 : 9, 13 4 : 13 commis . . . 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