Village of Oswego Village Board met Nov. 13.
Here is the minutes provided by the board:
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
President Gail Johnson called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the Flag of the United States of America.
ROLL CALL
Physically Present: President Gail Johnson and Trustees Ryan Kauffman, Karin McCarthy-Lange, Pam Parr, Luis Perez, Judy Sollinger and Joe West.
Staff Present: Dan Di Santo, Village Administrator; Christina Burns, AVA/HR Director; Tina Touchette, Village Clerk; Brad Delphey, Deputy Police Chief; Jennifer Hughes, Public Works Director; Mark Horton, Finance Director; Rod Zenner, Community Development Director; Corinna Cole, Economic Development Director; Jay Hoover, Building & Zoning Manager; Jenette Sturges, Community Engagement Coordinator- Marketing; Greg Jones, Village Attorney; and Marron Mahoney, Village Attorney.
CONSIDERATION OF AND POSSIBLE ACTIONS ON ANY REQUESTS FOR ELECTRONIC PARTICIPATION IN MEETING
There was no one who participated electronically.
RECOGNITIONS/APPOINTMENTS
D.1. Employee Service Awards
a. Christina Burns- 5 Years of Service (Administration)
President Johnson and Administrator Di Santo recognized her for her five years of service.
b. Jennifer Hughes- 5 Years of Service (Public Works)
President Johnson and Administrator Di Santo recognized her for her five years of service.
c. Michelle Weikum- 5 Years of Service (Police Department)- did not attend the meeting. President Johnson asked Deputy Chief Delphey to congratulate her on behalf of the Board.
PUBLIC HEARING
E.1. Public Hearing to Comply with Truth in Taxation Act 35 ILCS 200/18-60, 18-65. a. 2018 Tax Levy for the Village of Oswego
Director Horton addressed the Board regarding the 2018 tax levy. The Village is state mandated to publish a notice. The Village has no control over the language in the notice. The proposed increase is 5.99% more than the previous year.
Public hearing was opened at 7:00 p.m.
Joseph Martin addressed the Board regarding the EAV increase. Increase due to home sales; EAV is determined by the accessor, not the Village; determined over a three-year period; keeping the tax rate flat which includes new development; asked why the Board is voting without validating the increase.
There was no one else who requested to speak; the public hearing was closed at 7:16 p.m. b. Special Service Area SS60 Oswego 04-SSA-01
Director Horton addressed the Board regarding SS60 and SS84 special service areas. Both have limiting rates. The EAV will increase. The tax extension will be a little higher. The percentage rate is deceiving. Fox Chase Unit 2 increase may be less than 50 cents per household. $518 is needed to help maintain the pond, berm, weeds and trees because there is no HOA. The pond SSA is for the single- family homes and the townhomes; berm is for the single-family homes only. Mowing and work around the pond is what the SSA funds go to; all work is bid out.
Public hearing was opened at 7:16 p.m.
John Bauman addressed the Board regarding the increase; didn’t know the whole parameter; proposedwalk around; foot bridge promised in 2003.
Andrea Childers addressed the Board regarding the increase; she is a 10 year resident; bought the model home; planted landscaping along Mill Road and the berm; every tree was removed from the berm; staff met previously with her to discuss the need to move power lines; bike path was installed; she would like her landscaping replaced; mowers removed her bushes; pictures were provided to the Village President.
Stacy Krisch addressed the Board regarding the increase; was promised a walking path, foot bridge and trees by the developer in 2003; planted landscaping on her property in 2010 under supervision of the Police Department and Public Works; stated she pays $210 of the SSA tax; lack of communication is not helping; being taxed out of Oswego. Administrator Di Santo noted that this is the first SSA activated in Oswego; Village was told there would be an HOA and there wasn’t oneestablished.
Roger Blair addressed the Board regarding the increase; plans defunct; path around the pond; vacant lots for playground; developer owns the lots.
There was no one else who requested to speak; the public hearing was closed at 7:39 p.m. c. Special Service Area SS84 Oswego 05-SSA-03
See staff comments under b) above.
Public hearing was opened at 7:39 p.m.
There was no one who requested to speak; the public hearing was closed at 7:39 p.m.
Staff collected names, phone numbers and email addresses from those who requested a follow-upfrom staff regarding the SSA’s.
PUBLIC FORUM
Public Forum was opened at 7:39 p.m.
There was no one who requested to speak; the Public Forum was closed at 7:39 p.m.
STAFF REPORTS
G.1. Government Finance Officers Association of the United States and Canada Distinguished Budget Presentation Award Given to the Village of Oswego for the Fiscal Year 2018 Budget
Director Horton addressed the Board regarding the award. The Finance department submits the annual budget to the Government Finance Officers Association Distinguished Budget Award Program. The Award Program is the highest form of recognition in governmental budgeting. To receive the award, the Budget must serve as a policy document, a financial plan, an operations guide, a communications device and be rated proficient in 14 mandatory criteria by three independent reviewers. The annual budget has been submitted to the GFOA for the Budget Award since 2004 and has received the award each year. The Fiscal Year 2019 Annual Budget marks the 15th year in a row in receiving this distinguished honor. The Budget Reviewers provided a few comments for improving the document which staff will try to incorporate in the Fiscal Year 2020 Annual Budget.
CONSENT AGENDA
- H.1. October 16, 2018 Committee of the Whole Minutes
- H.2. October 16, 2018 Regular Village Board Minutes
- H.3. October 16, 2018 Closed Session Minutes (Approve, but Not Release)
- H.4. Approval of 2019 Village Board, Commissions and Adjudication Meeting Dates
- H.5. Ordinance Amending Title 3 Chapter 7; Increase Class "C" Liquor License for Planet Fun,
Inc. Located at 1501 Mitchell Drive. (First Read of Ordinance, Waiver of Second Read)
Ordinance No. 18-82
- H.6. Ordinance Authorizing the Disposal of Surplus Property Owned by the Village of Oswego; Misc. Squad Equipment, Misc. General Police & Computer Equipment and Two Police Squads. (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-83;additional discussion focused on the disposal process; AutoSmart sells the vehicles for the Village.
- H.7. Resolution Authorizing the Execution of a Professional Service Agreement with Layne, a Granite Company, for Service and Repairs to All of the Village Wells; and the Waiving of the Competitive Public Bidding Requirement. Resolution No. 18-R-93
- H.8. Resolution Approving the Declaration of Trust of the Illinois Trust (Formerly Known as the Illinois Institutional Investors Trust) and Authorizing the Execution Thereof and Authorizing Certain Officials to Act on Behalf of the Village of Oswego. Resolution No. 18-R-94;additional discussion focused on Village switching; whether it’s a fixed variable; to bedetermined; can do both options, but it will depend on the reserved funds. Director Horton will provide reports received.
- H.9. Resolution Authorizing the Village to Enter into a Revised Intergovernmental Agreement with the United City of Yorkville Regarding the Sharing of Information Technology Services; (Second Revision) Resolution No. 18-R-95
Ordinance No. 18-82; Ordinance Amending Title 3 Chapter 7; Increase Class "C" Liquor License for Planet Fun, Inc. Located at 1501 Mitchell Drive. (First Read of Ordinance, Waiver of Second Read)Ordinance No. 18-83; Ordinance Authorizing the Disposal of Surplus Property Owned by the Village of Oswego; Misc. Squad Equipment, Misc. General Police & Computer Equipment and Two Police Squads. (First Read of Ordinance, Waiver of Second Read)
Resolution No. 18-R-93; Resolution Authorizing the Execution of a Professional Service Agreement with Layne, a Granite Company, for Service and Repairs to All of the Village Wells; and the Waiving of the Competitive Public Bidding Requirement.
Resolution No. 18-R-94; Resolution Approving the Declaration of Trust of the Illinois Trust (Formerly Known as the Illinois Institutional Investors Trust) and Authorizing the Execution Thereof, and Authorizing Certain Officials to Act on Behalf of the Village of Oswego.
Resolution No. 18-R-95; Resolution Authorizing the Village to Enter into a Revised Intergovernmental Agreement with the United City of Yorkville Regarding the Sharing of Information Technology Services; (Second Revision)
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez Joe West
Nay: None
The motion was declared carried by an omnibus roll call vote with six (6) aye votes and zero (0) nay votes.
BILL LIST
I.1. Approve Bill List Dated November 13, 2018 in the Amount of $4,362,206.86.
A motion was made by Trustee Parr and seconded by Trustee Kauffman to approve the Bill List Dated November 13, 2018 in the Amount of $4,362,206.86.
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez Joe West
Nay: None
The motion was declared carried by a roll call vote with six (6) aye votes and zero (0) nay votes.
OLD BUSINESS
There was no Old Business.
NEW BUSINESS
K.1. Ordinance Providing for the Levying, Assessment and Collection of Taxes for the 2018 Tax Year of the Village of Oswego, Kendall and Will Counties, Illinois. (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-84
Director Horton addressed the Board regarding the levying, assessment and collection of taxes for 2018. Staff discussed the proposed property tax levy with the Village Board at the October 16thCommittee of the Whole meeting. Discussion centered on either keeping the tax rate the same, levying the same dollar amount as the 2017 tax levy or a middle ground between the two options. A consensus of the Village Board directed staff to keep the tax rate the same as the 2017 tax levy. The ordinance levies $1,423,956 which will calculate a tax rate of approximately $0.1539 assuming an equalized assessed value (EAV) increase of 6%. The 2018 tax rate would be equivalent to the tax rate for calendar year 2016 and 2017. The Village will receive approximately $80,434 more in property tax revenue than the amount received from the 2017 Village tax levy.
A property with an EAV of $250,000 for calendar year 2017 will pay approximately $7.70 more in property taxes to the Village from the 2018 Village property tax levy based on a 6% increase in the properties EAV. The additional revenue will support the increase in the Village contribution to the Police Officers Pension Fund of $55,862 and the estimated increase in the contribution to the Illinois Municipal Retirement Fund for non-police employees of $26,184. Total increases of $82,046 to be contributed in fiscal year 2020.
Board and staff discussion focused on the rate being the lowest since 2011; gone down every year since 2014; tax rate is the only thing the Village can control; EAV is controlling the increase; increase does not cover what is needed for the police pension fund. There was no further discussion.
A motion was made by Trustee Sollinger and seconded by Trustee McCarthy-Lange to approve an Ordinance Providing for the Levying, Assessment and Collection of Taxes for the 2018 Tax Year of the Village of Oswego, Kendall and Will Counties, Illinois. (First Read of Ordinance, Waiver of Second Read).
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez Joe West
Nay: None
The motion was declared carried by a roll call vote with six (6) aye votes and zero (0) nay votes.
K.2. Tax Levy Abatement Ordinances:
a. Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $4,055,000 General Obligation Refunding Bonds, Series 2011, Dated December 20, 2011 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-85
b. Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $2,325,000 General Obligation Refunding Bonds, Series 2012, Dated October 11, 2012 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-86
c. Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $8,595,000 General Obligation Refunding Bonds, Series 2013, Dated May 17, 2013 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-87
d. Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $4,040,000 General Obligation Refunding Bonds, Series 2014, Dated November 20, 2014 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-88
e. Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $27,105,000 General Obligation Bonds, Series 2016, Dated June 8, 2016 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-89
f. Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $5,070,000 General Obligation Refunding Bonds, Series 2017, Dated July 25, 2017 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-90
Director Horton addressed the Board regarding the tax abatements. The annual tax levies for all of theVillage’s outstanding bond issues is abated each year. Sales tax revenues, motor fuel tax revenue andwater/sewer revenues are used to make the debt service payments each year. The Village will abate the levies already on file with the County Clerks. The total amount to be abated for the 2011, 2012, 2013, 2014, 2016 and 2017 Debt Issues is $4,243,075.
Board and staff discussion focused on hearing Montgomery writes checks rather than abating. There was no further discussion.
One motion was made for all ordinances:
A motion was made by Trustee Sollinger and seconded by Trustee Kauffman to approve an Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $4,055,000 General Obligation Refunding Bonds, Series 2011, Dated December 20, 2011 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read); Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $2,325,000 General Obligation Refunding Bonds, Series 2012, Dated October 11, 2012 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read); Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $8,595,000 General Obligation Refunding Bonds, Series 2013, Dated May 17, 2013 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read); Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $4,040,000 General Obligation Refunding Bonds, Series 2014, Dated November 20, 2014 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read); Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $27,105,000 General Obligation Bonds, Series 2016, Dated June 8, 2016 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read); Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on the $5,070,000 General Obligation Refunding Bonds, Series 2017, Dated July 25, 2017 of the Village of Oswego, Kendall and Will County, Illinois (First Read of Ordinance, Waiver of Second Read).
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez Joe West
Nay: None
The motion was declared carried by a roll call vote with six (6) aye votes and zero (0) nay votes.
K.3. Special Service Area Tax Levy:
a. Ordinance Providing for the Levying, Assessment and Collection of Taxes for the 2018 Tax Year for Special Service Area SS60 Oswego 04-SSA-01 of the Village of Oswego, Kendall and Will County, Illinois. (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-91
b. Ordinance Providing for the Levying, Assessment and Collection of Taxes for the 2018 Tax Year for Special Service Area SS84 Oswego 05-SSA-03 of the Village of Oswego, Kendall and Will County, Illinois. (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-92
Director Horton addressed the Board regarding SSA tax levy. In 2001, the Village approved the annexation of the Estates of Fox Chase development. The development never established a Homeowner’s Association (HOA). The subdivision has responsibilities for maintaining the detention ponds that were originally assigned to the HOA. When the development was approved, there were common areas that were the responsibility of the HOA. Specifically, the large detention pond along the west side of Gates Creek Drive and the landscape berm along Mill Road.
Calendar year 2017 was the first property tax levies for the two areas. SSA 04 generated $210.38 in property tax and SSA 05 generated $307.77 in property tax revenue. The Village will contract with a third-party vendor to provide minimal maintenance work to maintain the detention pond, common areas and mowing of the berm in the two areas of the Estates of Fox Chase until an HOA is established. Using the average estimated EAV increase as determined by the Kendall County Assessor, SSA 05 will have an estimated tax levy increase of $30.00. SSA 04 has had additional homes built over the past year which will increase the EAV of SSA 04. A conservative EAV increase of $1,325,000 will increase the levy of SSA 04 by $133. Both ordinances for the special service areas have a limiting tax rate for the levy of taxes on the annual EAV. The limiting rate is the reason the County tax extension was $518.15 for calendar year 2017. The tax levy ordinances for both SSA’swill levy the maximum tax rate allowed to make sure the Village captures the actual increase in the assessed values for calendar 2018. There was no further discussion.
A motion was made by Trustee Perez and seconded by Trustee McCarthy-Lange to approve an Ordinance Providing for the Levying, Assessment and Collection of Taxes for the 2018 Tax Year for Special Service Area SS60 Oswego 04-SSA-01 of the Village of Oswego, Kendall and Will County, Illinois. (First Read of Ordinance, Waiver of Second Read)
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez Joe West
Nay: None
The motion was declared carried by a roll call vote with six (6) aye votes and zero (0) nay votes.
A motion was made by Trustee Perez and seconded by Trustee Parr to approve an Ordinance Providing for the Levying, Assessment and Collection of Taxes for the 2018 Tax Year for Special Service Area SS84 Oswego 05-SSA-03 of the Village of Oswego, Kendall and Will County, Illinois. (First Read of Ordinance, Waiver of Second Read)
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez Joe West
Nay: None
The motion was declared carried by a roll call vote with six (6) aye votes and zero (0) nay votes.
K.4. Ordinance Granting a Final Planned Unit Development for Lot 12 of Orchard Way Located at 3425-3437 Orchard Road. (First Read of Ordinance, Waiver of Second Read)
Ordinance No. 18-93
Director Zenner addressed the Board regarding Lot 12 of Orchard Way. The petitioner is requesting approval of a Final PUD to allow for the development of a one-story, 8,700 square foot multi-tenant commercial building constructed of masonry brick and stone materials with dryvit stucco panels along the top. The 1.6-acre site is currently zoned B-3 Community Service and Wholesale District and is vacant pending development. The proposed building will include five (5) tenant spaces, four (4) of which are anticipated to be occupied by retail or service users and one (1) which will be designed for a fast food restaurant with a drive-through lane. The petitioner also proposes to revise the existing development signage to relocate it to provide cross access vehicular traffic flow. Staff provided details of the project in the Planning and Zoning Commission staff report. The petitioner, Dipak Patel, was present to answer questions.
Board and staff discussion focused on manager; drive-thru tenant; possible Starbucks; construction next August or September. There was no further discussion.
A motion was made by Trustee Perez and seconded by Trustee Sollinger to approve an Ordinance Granting a Final Planned Unit Development for Lot 12 of Orchard Way Located at 3425-3437 Orchard Road. (First Read of Ordinance, Waiver of Second Read)
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez Joe West
Nay: None
The motion was declared carried by a roll call vote with six (6) aye votes and zero (0) nay votes.
K.5. Ordinance Approving an Encroachment License and Covenant Agreement with Oswego Brewing Company LLC located at 61 S. Main Street (First Read of Ordinance, Waiver of Second Read) Ordinance No. 18-94
Director Zenner addressed the Board regarding an encroachment license and covenant agreement with Oswego Brewing Company. The property owner of the former downtown fire station also owns the parking lot located west of the building located at 61 Main Street. The Village owns an alley within the block as part of a public right-of-way. The alley separates the building and the parking lot. The tenant located at 61 Main Street, Oswego Brewing Company, utilizes the parking lot for outdoor events including food trucks and live entertainment. Since the alley is a public right-of-way, the tenant cannot conduct activities directly on the alley that is directly adjacent to the front of the business. Activities are required to be located within the parking lot, away from the building. The petitioner is requesting a right-of-way encroachment agreement with the Village, so they can use the alley area located closest to the front of the business for outdoor activities. This would include the ability to park food trucks adjacent to the front entrance of the business, allow for outdoor entertainment and to eventually locate outdoor seating in a protected beer garden with direct access to the business. The proposed encroachment agreement would allow the petitioner to utilize the alley property.
The Village does not utilize the alley for vehicular access. All utilities, located within the alley right- of-way, would not be disturbed. The agreement would allow the petitioners to locate food trucks and a potential outdoor beer garden in a location that is in close proximity to the business. Staff believes the agreement would create a safer environment for patrons as they could utilize the amenities without crossing a parking lot drive aisle. The agreement requires the petitioner to maintain the alley free of trash and debris. The petitioner can install temporary improvements, such as a deck and vehicle barricades to provide a safe environment for patrons. The Village will maintain access to the alley when necessary. The Village has the ability to end the agreement with a 30-day notice. Once terminated, the petitioner would need to remove any improvements installed in the area and restore the area to the condition that existed prior to the improvements being installed. The proposed agreement would allow the petitioner to utilize the entire alley, including the alley space adjacent to the neighboring vacant lot. When the parcel develops, the Village and petitioner will revisit the agreement and likely limit the use to the alley directly adjacent to the brewery use to not cause a conflict with the future use of the vacant parcel. There was no further discussion.
A motion was made by Trustee Kauffman and seconded by Trustee McCarthy-Lange to approve an Ordinance Approving an Encroachment License and Covenant Agreement with Oswego Brewing Company LLC located at 61 S. Main Street (First Read of Ordinance, Waiver of Second Read)
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez Joe West
Nay: None
The motion was declared carried by a roll call vote with six (6) aye votes and zero (0) nay votes.
K.6. Metra Lobbying Services:
a) Resolution Authorizing the Execution of an Intergovernmental Agreement between the Village of Oswego and the United City of Yorkville; and Resolution No. 18-R-96
b) Resolution Authorizing the Execution of an Agreement for Lobbying Services Between the Villageof Oswego and Fletcher, O’Brien, Kasper & Nottage, P.C. Resolution No. 18-R-97
Administrator Di Santo addressed the Board regarding Metra lobbying services. For twenty years the Village of Oswego, along with other Kendall County communities, have been working to bring Metra commuter rail service to Kendall County. Studies completed in 2001 and 2002 showed that providing Metra service was feasible at that time, and the demand has only risen since then. Approximately $7.5 million in federal earmark money was secured in the mid-2000s for design and engineering work, and Metra is set to begin the studies in 2019.
The Village of Oswego previously acquired property on both sides of the BNSF railroad west of Orchard Road for use as a future Metra station site. The 2015 Comprehensive Plan designates areas surrounding the future station site for transit-oriented development compatible uses. Also, the 2017 Strategic Plan includes bringing Metra service to Oswego as a key priority. At the October 16, 2018 Committee of the Whole, a consensus of the Village Board affirmed the priority status of the project. The total project is expected to cost between $150-$300 million, depending on where the last stop will be (Oswego, Yorkville, Plano or Sandwich). Available federal grants could fund up to 50%, leaving the local share at approximately $75-$150 million. The only substantive funding contribution from the State of Illinois would be from a major capital bill, the last of which was passed in 2010. Governor-elect Pritzker’s platform includes a major state capital bill in 2019, so the upcominglegislative session in Springfield may be a once-in-a-decade opportunity to secure state dollars for the local cost share of this project.
To have the best chance of securing money in a capital bill, staff recommends hiring a lobbyist. Alobbying firm would help with strategy on the project and represent the Village’s interests inSpringfield while the capital bill is written. It is common for government agencies to utilize lobbyists to secure funding, as they are experts at navigating complex and administrative government processes. Lobbying firms typically work on retainers of $5,000-$10,000 per month. As the Metra project has regional benefit, staff approached fellow Kendall County communities to join in the cost and benefit of hiring a lobbying firm. At this point, only Yorkville and Oswego are interested in splitting the cost of hiring a lobbying firm. As such, a team of five Oswego and Yorkville representatives vetted and interviewed seven lobbying firms over the course of the past several weeks.Following the interviews, the team unanimously recommends hiring the firm of Fletcher, O’Brien,Kasper, and Nottage, PC (FOKN). The team recommended FOKN based on their experience and strategy for securing capital funding on this project.
The proposed retainer agreement with FOKN is for $7,000/month and can be cancelled at any time, by either party, with one day’s notice. Oswego is party to the agreement with FOKN, and the proposed intergovernmental agreement (IGA) with Yorkville would reimburse the Village for 50% of the monthly cost, meaning each municipality would pay $3,500/month for the lobbying services. Should another entity wish to join this partnership, staff would amend the IGA accordingly.
Board and staff discussion focused on three rails from Chicago to Aurora; cost to put a third rail in from Aurora to Sandwich; in the comprehensive plan, Oswego and Montgomery would have a train stop; have development plans for the area; contract with FOKN begins December 1, 2018; no one says they do not want the train stop; in favor of 110%; no administration has tried harder than the current one; where funds will come from; study will help determine the source of funds; joining the RTA is the traditional way; need to go to referendum; agreement with RTA; sales tax bonded; worried about cost; not wanting a lobbyist; being part of the state capital bill; if not approved county wide, maybe RTA would consider a local agreement; tax is on sales tax; need to fight for the train station; contract is for one year, but should know something within 6 months; contract paid out of the CIP fund; how much funds federally; would the state assist; already have 20+ acres set aside for future train station; what the odds are with or without the lobbyists; Oswego has eight legislators; lobbyists have relationships with state leadership; Yorkville already unanimously approved; final ask from the residents in November 2020; 11% of residents commute to Chicago; Metra studies; return on investment; giving people choices; would be irresponsible to not pursue; already have two stations in the area; what the train schedule will be; needing to prioritize projects; most communities are smaller than Oswego and have train stations; looking to spend $21,000-$42,000 with tens of millions in return; if Oswego had someone 10 years ago to push for Oswego we would have Metra now. There was no further discussion.
A motion was made by Trustee Kauffman and seconded by Trustee McCarthy-Lange to approve a Resolution Authorizing the Execution of an Intergovernmental Agreement between the Village of Oswego and the United City of Yorkville.
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez
Nay: Joe West
The motion was declared carried by a roll call vote with five (5) aye votes and one (1) nay vote.
A motion was made by Trustee Kauffman and seconded by Trustee Perez to approve a Resolution Authorizing the Execution of an Agreement for Lobbying Services Between the Village of Oswegoand Fletcher, O’Brien, Kasper & Nottage, P.C.
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez
Nay: Joe West
The motion was declared carried by a roll call vote with five (5) aye votes and one (1) nay vote.
K.7. Ordinance Approving the Third Amendment to the Redevelopment Agreement Between the Village of Oswego and Reserve at Hudson Crossing, LLC (First Read of Ordinance, Waiver of Second Read). Ordinance No. 18-95
Director Di Santo addressed the Board regarding a third amendment to the RDA for Reserve at Hudson Crossing, LLC. Since the Second Amendment to the RDA was approved, Shodeen has secured financing to proceed with the project. However, the loan amount approved by the bank is $1,750,000 less than assumed under the second amendment deal terms. As such, a third amendment to the RDA is required to address the funding gap. Shodeen and the Village have negotiated and agreed upon terms that will allow the project to proceed to the construction phase. The agreed upon terms result in no additional incentive dollars; rather funding from the second phase (north building) will shift to the first phase (south building) as shown in the table below:
| Reserve at Hudson Crossing Planned Bond Issuance | 2nd Amendment | 3rd Amendment | Difference |
| South Building Bond Amount | $11,500,000 | $13,000,000 | $1,500,000 |
| North Building Bond Amount | $4,500,000 | $3,000,000 | ($1,500,000) |
| Total Bond Amount | $16,000,000 | $16,000,000 | $0 |
The third amendment also alters language governing the exterior façade grant by allowing Shodeen to apply for the grant once the south parking structure is 66% complete, but only if Shodeen posts the equivalent in surety that can be drawn by the Village should the south building not be complete in accordance with the construction schedule. In addition, the third amendment adjusts the deadline for Shodeen to provide surety for the project to align with the anticipated project timeline. Finally, the third amendment clarifies that the bond issuance may be taxable, per feedback from our bond counsel. The remaining business terms of the RDA are unchanged. The timeline below outlines the next major steps in the development process:
Anticipated Project Timeline
| Date | Milestone |
| November 13, 2018 | Village Board approval of 3rd Amendment to the RDA |
| December 4, 2018 | Village Board approval of Final Development Plans |
| < December 11, 2018 | (1) Shodeen closes on the Adams Street properties |
| (2) Shodeen closes on Village Properties | |
| (3) Shodeen commences construction |
Board and staff discussion focused on bringing final development documents back to the Board at the December 4, 2018 Board meeting; breaking ground on December 11, 2018; whether equity goes up; bond dollars shift; more risk because of the shorter time period; what happens to the second property; west half is on a floodplain and will be used for stormwater management; improvements will still be done; provisions and timeline for the second building; second property becomes more likely to be developed; taking advantage of rates; bond stays the same; 520 parking spaces; whether there will be taxable bonds. There was no further discussion.
A motion was made by Trustee Perez and seconded by Trustee Kauffman to approve an Ordinance Approving the Third Amendment to the Redevelopment Agreement Between the Village of Oswego and Reserve at Hudson Crossing, LLC (First Read of Ordinance, Waiver of Second Read).
Aye: Ryan Kauffman Pam Parr Judy Sollinger Karin McCarthy-Lange Luis Perez
Nay: Joe West
The motion was declared carried by a roll call vote with six (6) aye votes and one (1) nay vote.
PRESIDENT’S REPORT
L.1. Proclamation - December Drunk and Drugged Driving (3-D) Prevention Month President Johnson read the proclamation.
Dedication of the new Police Department- proudest moment; thanked all of staff who were involved and played a huge part in the project; staff still working on the internal systems. Additional discussion focused on bonds and property taxes; press releases; benefit when the old police department is sold; Joe Renzetti and Steve Raasch have been working nights and weekends; worked miracles; Administrator thanked the board for allowing the hire of Steve Raasch; close to 700 people went through the tours on dedication day.
Christmas Walk- scheduled for November 30, 2018; Scouts will be in the plaza at Village Hall; Bike Bald Group will be in the Community Room at Village Hall. Breakfast with Santa proceeds will benefit classrooms in Oswego; 75 activities planned with many organizations involved.
TRUSTEE REPORTS
Trustee Kauffman- thanked everyone for their help with the new police department; process to dissolve and SSA is to stop levying the taxes.
Trustee West- thanked President Johnson and Trustees Sollinger and Kauffman for attending the Veterans ceremony.
Trustee Perez- happy for Deputy Chief Delphey and the entire team.
Trustee McCarthy-Lange – happy for Deputy Chief Delphey and the entire team; great dedication ceremony; thank you to the Ledger for the picture at the ceremony; whether the groundbreaking at Reserve at Hudson Crossing could be changed to December 12, 2018.
CLOSED SESSION
There was no Closed Session held.
ADJOURNMENT
A motion was made by Trustee Kauffman and seconded by Trustee McCarthy-Lange to adjourn the meeting; upon a voice vote with all remaining members present voting aye, the meeting was adjourned at 9:04 p.m.
http://www.oswegoil.org/pdf/11-13-18-regvb.pdf
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