UNFINISHED BUSINESS (OLD) –
Executive Director Rogers stated that after discussions with each Board Commissioner, a proposal letter will be sent to the City addressing the two major outstanding points that both parties have yet to agree on – how to, if possible, include all five sites in the IGA and compensation for use of the park sites. The Board’s subcommittee will further discuss the proposal with the City at the October 29 meeting in City Chambers. Board President Ubriaco stated that the City is aware of the District’s constraints on the property purchased with IL Dept. of Natural Resources (IDNR) funds. The District cannot approach IDNR with a formal proposal to convert park property without an IGA with the City.
Stormwater Information Timeline
UNFINISHED BUSINESS (OLD) –
UNFINISHED BUSINESS (OLD) –
Executive Director Rogers summarized the September 23, 2015 meeting with the City. Discussions continued over the same issues including the City’s demand for all five sites to be in the IGA, the extension of the maintenance facility lease, the IDNR process, funding of possible conversion properties and tree replacements. Due to the late arrival of a revised IGA from the City, the Board’s subcommittee was unable to discuss prior to the meeting with the City. Rogers stated that there appears to be a stalemate as the City is adamant that the Park District commit to all five sites before extending the maintenance facility lease to the Park District. The next meeting will be October 29, 2015. Staff has provided the City with copies of the Illinois Department of Natural Resources (IDNR) grant program participation manual, which outlines the requirements of the grant and processing for conversion. Additional requested documents including boundary maps will be sent October 15, 2015, including completed post-inspection reports as required by IDNR. Restrictions in the requested area in Crestview Park have expired because it was purchased with HUD funds. The City is purchasing two homes bordering East End Park. Commissioner Graf stated that the subcommittee continues to work on ideas to resolve the stalemate. Without a proposal for replacement property, the Park District has gone as far as it could with requesting permission from IDNR for property conversion. In response to Commissioner Ennis asking if the Park District could request dual use of park property from IDNR, Rogers stated that while off-site stormwater detention is not allowed by IDNR, officials have indicated that they will consider any alternatives presented. Board President Ubriaco stated that in 2014 the Park District agreed, in part, to the use of Golden Meadows Park for stormwater detention in exchange for the City extending the maintenance garage lease concurrent with the firehouse at York Commons Park to help 58 homes. Rogers stated that the City has agreed to pay the appraised value for the property, but does not want to extend the garage unless the Park District agrees to all five sites as the Park District is continuing to vet Crestview and East End parks.
Complete meeting minutes are attached below.
The stormwater subcommittee met with the City on Wednesday, September 30, 2015 in Council Chambers with public present to continue discussions concerning the City’s request to use park property for stormwater detention.
Approximately 16 residents attended the meeting and 6 spoke during public comment. Talks continue over many of the same issues with the City including having all five sites in the document, the extension of the maintenance facility lease, the IDNR process, funding of possible conversion properties and tree replacements. Furthermore, the Parks District subcommittee received the latest draft of the IGA from the City the same morning as the meeting, thus there was no time to review it prior to the meeting. Little progress was made, however,, the Park District subcommittee continues to work on ideas for resolving the stalemate. More information will be brought to the Board as it is assembled.
The next subcommittee meeting will be held Thursday, October 29 at 7:00 p.m.. at City Hall.
UNFINISHED BUSINESS (OLD)
Executive Director Rogers stated that the stormwater subcommittee met with the City on September 10, 2015 in Council Chambers with public present to review the revised IGA reflecting the Park Board’s proposal to agree to implement three park sites for stormwater detention while continuing to consider the two other sites (Crestview and East End parks). According to the subcommittee, the tone of the subcommittee meeting was more contentious than prior meetings. The City remains firm on not agreeing to extend the maintenance building lease to the Park District unless all five sites are included in the IGA. Other topics of discussion at the stormwater meeting with the City included the Illinois Dept. of Natural Resources’ (IDNR) funding process, conversion properties and tree replacements. The subcommittee will meet with the engineer of V3 Engineering to continue work on the additional sites. Park District attorney, Andrew Paine of Tressler has been in contact with City attorneys to work on certain points in the IGA including subsequent modifications after construction and termination language. Commissioner Graf stated that the Park District will not approach the IDNR without a signed IGA. Commissioner Pelosi stated that the City extending the maintenance facility lease should be a non-issue as it saves the same taxpayers money. The Park District has already agreed on three sites, one of which does not require IDNR approval. Commissioner Morissette-Moll stated that the flood of 1987 should have prompted the City to consider infrastructure improvements. Board President Ubriaco stated that the Park District is looking to make the term of the City garage coterminous with the use of land in York Commons Park for the firehouse. There is no reason to delay construction of the detention basin in York Commons Park to help the 38 homes on Crescent Street.
Complete meeting meetings are attached below.
Stormwater Subcommittee Meeting
On Thursday evening, September 10, 2015 the stormwater subcommittee (Commissioners Spaeth and Graf, and I) participated in the latest public meeting held at City Hall. The video of the meeting can be found online on the City’s ElmhurstTV YouTube channel or access it here. Approximately 9 residents attended the meeting and 3 spoke during public comment. As the Board discussed Wednesday, the subcommittee reviewed terms of the IGA starting with the Board’s proposal to agree to implement three sites while continuing to consider the two others. The City remains firm on including all five sites in the document. Other topics covered included the extension of the maintenance facility lease, funding vs. construction of the agreed upon recreational components, the IDNR process, funding of possible conversion properties and tree replacements. The tone of the meeting was more contentious than prior meetings as some of the major sticking points (i.e., the five sites and funding of conversion property) have yet to be resolved. Your subcommittee plans to review and discuss these items with the Board at your September 23 meeting. The next subcommittee meeting will be held Wednesday, September 30 at 7:00 pm.
The stormwater subcommittee (Commissioners Spaeth, Graf, and Executive Director Rogers) participated in the latest public meeting held at City Hall. The video of the meeting can be found online on YouTube under 2015-08-27 Stormwater Communications Committee Meeting. Approximately 16 residents attended the meeting and 3 spoke during public comment. Utilizing the same format as the Board reviewed at the Wednesday August 19, 2015 Board Meeting, the subcommittee reviewed the revised terms of the IGA that were presented to the City. Discussion then took place around a number of items including the inclusion of all five sites in the IGA, the possibility of the City funding the agreed upon recreational improvements in the parks, such as the basketball and volleyball courts at York Commons Park and the Park District taking responsibility of their construction, tree replacement, subsequent modifications to the sites and the termination clause. We also had a lengthy discussion about our approach to discussions with IDNR in which Executive Director Rogers reiterated that the Park District is not looking to request dual use, but is going to request the ability to phase in the conversion process of acquiring replacement properties. Discussion also took place concerning conceptual ideas that the subcommittee suggested for East End and Crestview parks. The subcommittee received those conceptual plans from the City only a couple of hours prior to the meeting, therefore requiring more time to thoroughly review the plans with Greg Wolterstorff of V3 Engineering.
As the committee awaits the City’s formal response to the IGA, we will begin work on a formal request to the IDNR concerning Golden Meadows Park. The next subcommittee meeting will be held September 10.
There were five comments from the public, a copy of the complete minutes is attached below.
Stormwater Subcommittee Report and Discussion
Executive Director Rogers summarized the August 13 meeting held in City chambers. The meeting had approximately 36 residents in attendance with 5 providing public comment. The legal and business terms of the proposed intergovernmental agreement (IGA) was reviewed with the City. Rogers and City Manager Grabowski continue to work on developing language in the IGA regarding the consideration of other park sites. Commissioner Spaeth stated that he would want the IGA to include the requirement of a shutoff valve in the proposed York Commons Park detention. A meeting date with the Illinois Department of Natural Resources (IDNR) was confirmed and held on August 21. The subcommittee discussed the other three proposed park sites (East End, Crestview, and Wild Meadows Trace parks). The subcommittee suggested the City's engineer review the placement of the detention in the far western portion of East End Park, the area between Interstate 290 and Lake Street at Crestview Park, and utilizing Wild Meadows Trace in lieu of Pioneer Park. The City has yet to send the new conceptual plans for those park sites with the suggested detention placements. Reiterated to the City to keep in mind that the other three park sites were also purchased with IDNR grant funds.
Commissioner Spaeth stated IDNR appeared receptive in considering a land swap, but each property will be considered independently. As an example to IDNR making such considerations, Rogers added that Golden Meadows Park was not originally purchased with IDNR funds, but a conversion property for land that was swapped for the building of the Courts Plus Fitness Center. Rogers and the City Manager are working to create a formal request to IDNR. The request will be to allow the Park District to deal with the City for Golden Meadows Park, placing the funds from the deal in an escrow, in order to allow the City to begin construction while the Park District seeks a replacement property. As part of the process, IDNR would also need to seek approval from the National Parks Service as it provided the original funding.
Rogers summarized the City's first draft of a master IGA with a listing of conditions, including easements during and after construction, maintenance for using the parks, and the inclusion of addendums for each individual park site. Commissioner Graf stated that the development of a master IGA also allows for construction to begin while the Park District considers the other sites. Primary changes and inclusions in the IGA were displayed in a slide show. Rogers read the termination clause in regards to the Park District's lease extension of the maintenance garage should the City decide not to use the parks.
Board President Ubriaco stated that it might be best if funds for the City's offer to propose dual use in the detention basin be utilized to fund stormwater mitigation. Commissioner Spaeth added that dual use in the basins is dependent on what will be played on the site as well as the type of stormwater event for which the basin will be utilized i.e. 5-year, 10-year, etc.
The Thursday evening meeting was open to the public and Park Commissioners Spaeth and Grafwre in attendance. The video of the meeting can be found online at https://www.youtube.com/watch?v=hfmV0j1QdPs. Approximately 36 residents attended the meeting and 5 spoke during public comment. Utilizing the same format as the Board reviewed Wednesday, your subcommittee reviewed the legal and business terms of the proposed IGA for the City and the public in attendance. Some discussion took place concerning the inclusion of all five sites in the IGA and it was agreed that the City Manager and I will work to develop language acceptable to both governing bodies. We also confirmed the meeting with IDNR for next Friday. Thereafter, discussion took place concerning the other three sites. As regards to East End Park, your subcommittee suggested that the City have Burke Engineering look at the feasibility of putting the detention in the far western portion of the park, in the old picnic grove area, rather than utilizing the two ball fields. In terms of Crestview Park, the concept plans were reviewed and your subcommittee suggested that Burke look at the possibility of using property between I-290 and Lake Street rather than the eastern portion of the park. Finally, your subcommittee reiterated the Board’s previous position that the use of Wild Meadows Trace was acceptable for addressing the flooding on Seminole, rather than utilizing Pioneer Park. The Park Board made certain to remind all those in attendance that each of these three sites, in addition to Golden Meadows, have IDNR restrictions which must be taken into consideration.The Park District will now continue to work with Andrew Paine of Tressler on the legal terms and Greg Wolterstorff of V3 on the business terms. The next subcommittee meeting will be held August 27.
Stormwater Management Discussion
Executive Director Rogers reported on the subcommittee’s stormwater meeting with representatives of the City of Elmhurst and School District 205 held on July 23, 2015 at City Hall. The subcommittee thanked the City for approving the lease extension of the maintenance facility and indicated to the City the preference to incorporate York Commons, East End, Wild Meadows Trace/Pioneer and Crestview parks separately from the master IGA. The Park District will continue to work cooperatively with the City in discussions with the IL Dept. of Natural Resources (IDNR) for use of Golden Meadows Park and has scheduled a meeting on August 21, 2015 with IDNR. The subcommittee expressed to the City that the Park District is not interested in recreational components in the York Commons stormwater basin until its use is evaluated. Rogers disseminated to the board a revised draft copy of the City of Elmhurst’s proposed intergovernmental agreement (IGA) for the use of Park District property for stormwater detention. The presented IGA was a red-lined version to be brought to the City at the next meeting on August 13, 2015. Attorneys from both parties continue to work on the legal terms of the IGA staff work with the District’s engineering firm, V3, on the business terms. Legal counsel Andrew Paine of Tressler, LLP provided a brief explanation of noteworthy legal terms and provisions being considered in drafting the IGA followed by Rogers who highlighted business terms addressing from the point of conception of plans to the future maintenance of the basins. Existing IGAs used by other park districts are being used as a reference as well as other agreements currently in effect between the District and other agencies. Both parties aim to structure a master IGA containing all of the legal provisions of all park sites, regardless of the site, with addendums or exhibits as required to address specific needs within each site. As negotiations continue, the Park Board will determine risks in allowing use of the parks. Commissioners inquired as to restrictions in removing park sites from negotiations, future maintenance costs of sites, and the inclusion of easement restrictions in the IGA to reduce impact to District operations.
On Friday, July 31 the City provided a draft of the proposed Intergovernmental Agreement (IGA) along with an addendum that specifically addresses York Commons. The City’s attorney included the following note:
“Please find attached a revised draft of the proposed intergovernmental agreement and addendum related to York Commons Park. Please be advised that not all of the City staff has had an opportunity to comment on this draft and we reserve the right for further comment. We would also note that we would like to have further discussions regarding the terms related to the extension of the use of the City’s Maintenance Facility as expressed in Section 2 of the IGA.”
Subsequently on Friday, August 7 the City provided a revised draft with their most recent changes redlined.
The proposed IGA draft is available below.