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HomeMy WebLinkAboute - March 14, 2007 CC157 MARCH 14, 2007 VOLUME LXXII COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on March 14, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. A moment of silence was observed for the safe return of the troops serving overseas protecting our great country and for all their friends and loved ones. The Pledge of Allegiance was led by Mayor Schock. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE FEBRUARY 28, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve the February 28, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Frank and Betty Granger addressed the Council regarding the Elgin Police Department serving a search warrant at their home early in the morning on Sunday, March 11, 2007. They stated that there was significant damage done to their home, and they felt that the officers executing the warrant were rude and uninformative. Also, they stated that when they tried to make a complaint regarding how the warrant was executed later that afternoon it took them several hours before they were allowed to do so. The Grangers questioned what the Council was going to do to help remedy the situation at their home and if any of the three officers who denied them the right to file a complaint would be disciplined. Mayor Schock stated that City Manager Folarin would personally look into the matter and get back to the Grangers. Councilmember Figueroa requested that a high priority be placed on receiving a report from the Elgin Police Department regarding the incident and asked that it be provided to Council as soon as possible. VOLUME LXXII MARCH 14, 2007 158 Councilmember Gilliam and Councilmember Sandor stated that the Granger’s home should be repaired and the City should assume the costs for those repairs. Councilmember Sandor also suggested that the City’s Building Maintenance Department should be able to help with some of the repairs to the Granger’s home so that they would not have to wait an extended period of time for a contractor. Diretha Postlewaite stated that she is related to the Grangers and was present as a witness at the Police Station while Mrs. Granger was trying to file her complaint. She confirmed that the Grangers had to wait several hours at the station before being allowed to file their complaint regarding the officers who conducted the search at their home and she photographed the damage that was done to their property. She questioned if the Elgin Police Department would be able to conduct an unbiased investigation of the incident and stated that the Grangers should have been able to file their complaint immediately and not had to wait for several hours. She requested that an outside agency be brought in to investigate the Grangers complaints. Councilmember Rodgers stated to the Grangers that the Council should have the report from the Elgin Police Department by the first April City Council meeting to be held on April 11, 2007, if they wished to attend. Bob Balsamo, a representative from the Elgin American Legion Post # 57, stated that the American Legion is very pleased with the plans for the Veterans Memorial Park. He wanted to congratulate the City Council and the Veterans Memorial Park Committee for the excellent design and all of their hard work. He presented a check from the American Legion Post # 57 to the City of Elgin in the amount of $10,000 to be used for the future park. BID 07-002 TABLED TO PO EXPRESS, INC. FOR THE PURCHASE OF ONE HUNDRED (100) 17” LCD MONITORS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the contract with PO Express, Inc. in the amount of $14,300 for the purchase of one hundred (100) 17” LCD monitors. City Manager Folarin requested that consideration of Bid 07-002 be tabled to give Staff additional time to work out some details regarding the possibility of upgrading the monitors from 17” screens to 19” screens. Councilmember Gilliam made a motion, seconded by Councilmember Sandor, to table Bid 07-002 at the request of Staff. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. MARCH 14, 2007 VOLUME LXXII 159 BID 07-013 AWARDED TO SKIRMONT MECHANICAL CONTRACTORS INC. FOR THE REPLACEMENT OF FURNACES AND AIR CONDITIONING EQUIPMENT AT FIRE STATION 1 AND THE WING PARK MAINTENANCE BUILDING Councilmember Walters made a motion, seconded by Councilmember Rodgers, to award a contract to Skirmont Mechanical Contractors Inc. in the amount of $63,000 for replacement of furnaces and air conditioning equipment at Fire Station 1 and the Wing Park maintenance building. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 07-017 AWARDED TO DESIGNLAB CHICAGO FOR THE PURCHASE AND INSTALLATION OF FOUR (4) THEATRE FOLLOW SPOTS FOR THE HEMMENS CULTURAL CENTER Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to approve a contract with DesignLab Chicago in the amount of $34,355.07 for the purchase and installation of four (4) theatre follow spots, with alternate number two for the trade-in of the two existing carbon-arc fixtures. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 07-018 AWARDED TO WATER SERVICES FOR CONSULTING SERVICES FOR A LEAK SURVEY FOR THE WATER DEPARTMENT Councilmember Sandor made a motion, seconded by Councilmember Walters, to approve a contract to Water Services in the amount of $38,200 for completion of all services necessary to detect and pinpoint leaks in the water distribution system for the Water Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 07-020 AWARDED TO ALLIANCE MECHANICAL FOR REPLACEMENT OF COMPRESSORS ON THE AIR CONDITIONING CHILLER LOCATED AT CITY HALL Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to award a contract to Alliance Mechanical in the amount of $49,835 for the replacement of compressors for the air conditioning chiller located at City Hall. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII MARCH 14, 2007 160 BID 07-021 AWARDED TO ROCK VALLEY FENCE INC. FOR THE INSTALLATION OF FENCING AT TWO ROPE HOUSES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Rock Valley Fence Inc. in the amount of $11,359 for the installation of fencing at two ROPE houses and reject the portion of the bid for fencing at the Unilever site. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF ONE (1) 2007 FORD EXPEDITION FROM LANDMARK FORD THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM FOR AS A REPLACEMENT FIRE DEPARTMENT VEHICLE Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to approve the purchase of one (1) 2007 Ford Expedition from Landmark Ford through the State of Illinois Joint Purchase Program for $24,167. Further, it is recommended that the vehicle scheduled for replacement be disposed of through a public auction later this year following delivery of the new truck. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF ONE (1) 2007 INTERNATIONAL 7400 TRUCK CHASSIS EQUIPPED WITH A DUMP BODY, SNOW PLOW, AND ICE CONTROL EQUIPMENT FROM PRAIRIE INTERNATIONAL TRUCK SALES THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve the purchase of one (1) 2007 International 7400 truck chassis equipped with dump body, snow plow, and ice control equipment from Prairie International Truck Sales through the State of Illinois Joint Purchase Program in the amount of $112,716. Further, it is recommended that the truck scheduled for replacement be disposed of through a public auction later this year following delivery of the new truck. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF ONE HUNDRED (100) DESKTOP COMPUTERS FROM HEWLETT PACKARD THROUGH THE STATE OF ILLINOIS CMC603266H CONTRACT Councilmember Sandor made a motion, seconded by Councilmember Walters, to approve the contract with Hewlett Packard to purchase 100 desktop computers in the amount of $56,800 through the State of Illinois CMC603266H contract. MARCH 14, 2007 VOLUME LXXII 161 Councilmember Sandor questioned how the City disposed of the old equipment. City Manager Folarin stated that the majority of the computers are donated to non-profit organizations. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT NUMBER CMS5003360 APPROVED FOR THE PURCHASE OF THE MICROSOFT ENTERPRISE SOFTWARE AGREEMENT THROUGH THE STATE OF ILLINOIS PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve contract # CMS5003360 for the purchase of Microsoft Enterprise Software in the amount of $63,796.40 through the State of Illinois Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ZONING, AND PRELIMINARY PLAT APPROVAL FOR SEVEN CREEKS SUBDIVISION; PROPERTY LOCATED AT 3701 WEST HIGHLAND AVENUE, BY WALTER BOCHENEK, AS APPLICANT, AND SEVEN CREEKS, LLC, AS OWNER (86-06) Mayor Schock declared the public hearing open. Community Development Director Deering stated that this petition involves approximately 40 acres of heavily wooded land and will feature 67 single family home sites. He stated that the Planning and Development Commission has recommended approval subject to the conditions outlined in the memo provided to Council Attorney Bud Heimberg introduced the applicant, Walter Bochenek, and made a brief presentation outlining the proposed subdivision. He stated that it is a unique “green” project that is cutting edge and environmentally friendly. He listed the following features which will be recorded in covenants: • Main road winds to avoid 500 mature trees • Trees that are removed during development will be reused to build a fence around the property • Private roads will be maintained by the association • Geothermal energy will be used to heat and cool the homes • No gutters will be used on the homes to allow for rainfall to naturally water plants and shrubbery • Each residential lot will have a residential buffer to maintain the natural landscaping Attorney Heimberg stated that there were many more environmentally friendly features and that the applicant will be seeking the United States Green Council’s Leadership in Energy and Environmental Design designation. He also advised the Council that the development will have VOLUME LXXII MARCH 14, 2007 162 a positive fiscal impact due to the expected price points on the homes in the subdivision, which will range in price from $480,000 to over $1 million. Councilmember Walters commended Mr. Bochenek for his environmentally sensitive plans for the development and hoped that future applicants would follow his example. Councilmember Sandor stated that he wished all of the projects presented to Council for approval would show the amount of tax revenue the houses will generate exceeding the cost of providing city services in the third year of construction. He declared that the Seven Creeks Subdivision development will rival some of the high-quality developments located in other suburbs, such as Northbrook and Lincolnshire. Councilmember Kaptain stated that this is the best project he has ever seen presented to the Council. He suggested that the applicant may want to incorporate cisterns into the development that would collect rain water that could then be used to water plants. He questioned if Fire Chief Falese was satisfied with the lighting proposed for the subdivision and if it was sufficient enough for the Fire Department to be able to locate addresses and homes quickly in case of an emergency. Chief Falese stated that he was satisfied with the lighting designs for the subdivision that were approved by the Planning and Community Development staff, and believed it would be sufficient for emergency personnel. Mayor Schock declared the public hearing closed. PETITION 86-06 APPROVED REQUESTING ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR SEVEN CREEKS SUBDIVISION: PROPERTY LOCATED AT 3701 WEST HIGHLAND AVENUE; BY WALTER BOCHENEK, AS APPLICANT, SEVEN CREEKS, LLC, AS OWNER. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 86-06 subject to conditions. Mayor Schock congratulated Mr. Bochenek on an outstanding project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. REQUEST TO SET A HEARING DATE OF APRIL 11, 2007, FOR AN AMENDMENT TO AN ANNEXATION AGREEMENT; PROPERTY LOCATED AT 3201 WATER STREET; BY TOWN & COUNTRY HOMES, AS APPLICANT AND OWNER (PETITION 05-07) Community Development Director Deering stated that the applicant is requesting an April 11, 2007, hearing date for an amendment to an existing annexation agreement for the townhomes involved in the development. MARCH 14, 2007 VOLUME LXXII 163 Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to set a hearing date for the proposed amendment to the annexation agreement for the April 11, 2007, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-71 ADOPTED AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE U.S. CENSUS BUREAU FOR THE 2007 SPECIAL CENSUS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Councilmember Rodgers questioned if the Council would be increased from seven members to ten members by performing the special census. City Manager Folarin stated that the number of Councilmembers would not increase until the official census was completed in 2010. Corporation Counsel Cogley added that the special census will only tabulate the growth areas within the City, not the City’s population as a whole. He explained that a census would be conducted in 2010 that includes the whole City’s population and that typically the official results of the census would be received in 2011. He stated after the results are received the Council would increase during the next election period, which would be in 2013. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Walters, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Treasurer, State of Illinois Springfield, IL $10,000.00 Water Quality Certification Fee VOLUME LXXII MARCH 14, 2007 164 CONSENT AGENDA By unanimous consent, Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G15-07 through G17-07 and adopt Resolution Nos. 07-65 through 07-73 (except 07-71 adopted above) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-65 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN THEATRE COMPANY Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-65 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN THEATRE COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Elgin Theatre Company for a $2,333 grant for six performances of "Children's Letters to God" pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MARCH 14, 2007 VOLUME LXXII 165 RESOLUTION 07-66 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH HISPANIC HERITAGE COALITION Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-66 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH HISPANIC HERITAGE COALITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Hispanic Heritage Coalition for a $5,775 grant for Fiesta Salsa on September 15, 2007 pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-67 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII MARCH 14, 2007 166 Resolution No. 07-67 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Elgin Area Chamber of Commerce for economic development activity, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-68 ADOPTED REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE PORTIONS OF STATE ROUTES 19, 25, 31 AND 58 FOR VALLEY FOX TROT Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-68 RESOLUTION REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE PORTIONS OF STATE ROUTES 19, 25, 31 AND 58 FOR VALLEY FOX TROT WHEREAS, the City of Elgin has applied for and received permission from this Council to stage the "Valley Fox Trot", a ten (10) mile marathon race within the city limits of Elgin on Monday, May 28, 2007, from 8:00 a.m. until 10:00 a.m., conditioned upon securing permission from the Illinois Department of Transportation to close portions of State Routes 19, 25, 31 and 58 and detour traffic for such purposes. MARCH 14, 2007 VOLUME LXXII 167 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes. It is further agreed that an efficient, all weather detour will be maintained and conspicuously marked for the benefit of traffic deviated from the state routes. s/ Ed Schock Ed Schock, Mayor Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-69 ADOPTED APPROVING REIMBURSEMENT TO TOWN AND COUNTRY HOMES FOR THE COST OF OVERSIZING THE WATER MAIN ALONG NESLER ROAD Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-69 RESOLUTION APPROVING REIMBURSEMENT TO TOWN AND COUNTRY HOMES FOR THE COST OF OVERSIZING THE WATER MAIN ALONG NESLER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the reimbursement in the amount of $141,551 to Town and Country Homes for the cost of oversizing the water main along Nesler Road from a 12-inch to a 20-inch diameter. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII MARCH 14, 2007 168 Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-70 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE GAIL BORDEN PUBLIC LIBRARY AND HITCHCOCK DESIGN GROUP REGARDING THE FOX RIVER RENAISSANCE ALLIANCE PROJECT (TEACHING GARDENS AND NATIVE HABITAT RESTORATION) Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GAIL BORDEN PUBLIC LIBRARY AND HITCHCOCK DESIGN GROUP REGARDING THE FOX RIVER RENAISSANCE ALLIANCE PROJECT (Teaching Gardens and Native Habitat Restoration) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Gail Borden Public Library and Hitchcock Design Group for the Fox River Renaissance Alliance Project providing for a teaching gardens and native habitat restoration project on the Fox River and on the adjacent Gail Borden Public Library properties, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor MARCH 14, 2007 VOLUME LXXII 169 Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-72 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-72 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Cynthia Hernandez be and is hereby appointed as chairman of the Cultural Arts Commission, for a term to expire November 1, 2007. BE IT FURTHER RESOLVED that Dennis Roxworthy be and is hereby appointed as a member of the Elgin Heritage Commission Design Review Subcommittee, for a term to expire June 30, 2007. BE IT FURTHER RESOLVED that Loretta Revesz be and is hereby appointed as a member of the Image Advisory Commission to fulfill the unexpired term of Judy Steffan, for a term to expire May 1, 2007. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII MARCH 14, 2007 170 Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G15-07 PASSED DESIGNATING THE D.C. COOK/LOVELL AREA HISTORIC DISTRICT Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G15-07 AN ORDINANCE DESIGNATING THE D.C. COOK/LOVELL AREA HISTORIC DISTRICT WHEREAS, the area known as the proposed D.C. Cook/Lovell Area Historic District depicted and legally described in Exhibit A hereto was nominated as a proposed historic district pursuant to a petition signed by a majority of the owners of record of the properties of such area; and WHEREAS, the Elgin Heritage Commission conducted a public hearing on October 3, 2006, to consider the nomination of the proposed D.C. Cook/Lovell Area Historic District; and WHEREAS, the Elgin Heritage Commission adopted a resolution and report determining and finding that the proposed D.C. Cook/Lovell Area Historic District meets the criteria for designation as a historic district; and WHEREAS, the proposed D.C. Cook/Lovell Area Historic District has been identified by the Elgin Heritage Commission as a significant historic area within the City of Elgin due its connection to prominent Elgin citizens, architects and builders; and WHEREAS, the proposed D.C. Cook/Lovell Area Historic District has been identified by the Elgin Heritage Commission as an area of significant architectural design due to the style of the various homes within the area; and WHEREAS, the proposed D.C. Cook/Lovell Area Historic District embodies characteristics of various style homes including Queen Anne, Craftsman and Craftsman Bungalow, Prairie, Tudor Revival, Colonial Revival, Dutch Colonial Revival, Classical Revival, Renaissance Revival and Cape Cod, and that the building types that exist within the proposed MARCH 14, 2007 VOLUME LXXII 171 historic district also include the Front and Side Gabel Houses, the Mail-Order Bungalow, the Gambrel Cottage and the American Foursquare; and WHEREAS, the proposed D.C. Cook/Lovell Area Historic District is identified with David C. Cook, who is credited with establishing the David C. Cook Publishing Company, and Vincent Lovell, a prominent Elgin merchant and owner of land within the proposed historic district; and WHEREAS, the structures within the area of the proposed D.C. Cook/Lovell Area Historic District retain their architectural and structural integrity are worthy of preservation; and WHEREAS, the area of the proposed D.C. Cook/Lovell Area Historic District is in a condition exhibiting sufficient integrity of location, design, materials and workmanship making it eligible for designation as an Elgin Historic District; and WHEREAS, the designation of the proposed D.C. Cook/Lovell Area Historic District provides a mechanism to preserve and protect landmarks, buildings, fixtures, facades, places of historical and architectural significance and will stabilize and improve the property values within the city and encourage civic pride in the accomplishments of the past as manifested in the existing structures and landscapes therein; and WHEREAS, it is appropriate to designate areas having special historic, community or aesthetic interest or value for the purpose of recognizing Elgin's historic, aesthetic, architectural and cultural heritage, enhancing one of the city's older residential areas, promoting civic pride through an awareness of Elgin's unique development and history, and encouraging conservation of an important segment of the man-made environment of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby designates the territory legally described in Exhibit A and depicted in Exhibit B and attached hereto and made a part hereof by this reference as an historic district pursuant to Title 20 of the Elgin Municipal Code, 1976, as amended, entitled "Historic Preservation", which shall be known and referred to as the "D.C. Cook/Lovell Area Historic District". Section 2. That the significant exterior architectural features of the structures within the D.C. Cook/Lovell Area Historic District which shall be protected shall be those as defined as a Significant Exterior Architectural Feature in Section 20.04.010 of the Elgin Municipal Code, 1976, as amended. Section 3. That the City Clerk is hereby directed within seven (7) days of the passage of this ordinance to send a copy of this ordinance by regular mail to the Elgin Heritage Commission, the Planning and Development Commission, the Community Development Department, the nominator and/or applicants of the proposed historic district and to the common street address of all property within the historic district. The City Clerk is hereby further VOLUME LXXII MARCH 14, 2007 172 directed to cause a certified copy of this ordinance to be recorded with the Kane County Recorder. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 14, 2007 Passed: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 15, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G16-07 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G16-07 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended, entitled "Stop Intersections" be and is hereby further amended by adding the following thereto: MARCH 14, 2007 VOLUME LXXII 173 "College Green Drive westbound at Spartan Drive Spartan Drive northbound at College Green Drive Spartan Drive southbound at College Green Drive." Section 2. That Section 11.60.084.4 of the Elgin Municipal Code, 1976, as amended, entitled "Three Hour Parking Zones" be and is hereby further amended to read as follows: "It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than three (3) hours upon the following designated streets and areas: Civic Center parking deck, located at the southwest corner of Douglas Avenue and Symphony Way, between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M., Monday through Friday, excluding the approximately one hundred twenty (120) stalls located on the top level for staff permit parking and eleven (11) stalls on the first floor reserved for Sherman Health. Fulton Street Parking Deck, Levels 1 and 2 consisting of one hundred seventy nine (179) regular parking stalls and twelve (12) handicapped stalls. Riverside Drive, southerly sixty one (61) spaces, from Prairie Street to East Chicago Street." Section 3. That Section 11.60.084.5 of the Elgin Municipal Code, 1976, as amended, entitled "Four Hour Parking Zones" be and is hereby further amended by adding to the list the following locations: "Municipal parking lot at Highland and State - 11 spaces along the western boundary." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII MARCH 14, 2007 174 Presented: March 14, 2007 Passed: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 15, 2007 Published: March 16, 2007 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G17-07 PASSED AMENDING TITLES 2 AND 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO RESIDENTIAL CONVERSION GRANT PROGRAMS, RESIDENTIAL REHABILITATION PROGRAMS AND HISTORIC REHABILITATION GRANT PROGRAMS Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G17-07 AN ORDINANCE AMENDING TITLES 2 AND 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO RESIDENTIAL CONVERSION GRANT PROGRAMS, RESIDENTIAL REHABILITATION PROGRAMS AND HISTORIC REHABILITATION GRANT PROGRAMS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Section 2.29.050 of the Elgin Municipal Code, 1976, as amended, entitled “Conditions,” be and is hereby further amended to amend subsection A read as follows: A. Agreement Required: Grant recipients shall be required to execute an agreement with the city imposing duties upon the grantee which include, but are not limited to, the following obligations: 1. Grantee shall require licensed contractors to complete all necessary work to accomplish such a conversion within one hundred eighty (180) days from the date the agreement is fully executed. 2. Grantee shall not sell, convey or otherwise transfer their interest in the property being converted until a letter of completion and compliance has been issued by the city. MARCH 14, 2007 VOLUME LXXII 175 3. Grantee to the fullest extent permitted by law shall indemnify, defend and hold harmless the city, its officers, employees, agents, boards and commissions from and against any and all causes of action, suits, claims for damages, and any and all other liability, which may arise out of or relate to the program agreement or the program in any way. In the event of any action against the city, its officers, employees, agents, boards or commissions covered by such duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the city's choosing. The provisions relating to such indemnity, duty to defend and hold harmless shall survive any termination and/or expiration of the agreement. 4. Grantee shall submit monthly progress reports detailing the progress being made on the project or activity and a final report on the completed project or activity outlining the goals achieved by the project or activity. 5. Grantee shall supervise and monitor the performance of the work in order to ensure compliance with all grant program requirements and all applicable city codes and ordinances. 6. Grantee shall obtain a conversion permit and all necessary permits for any and all alterations made, and no such work shall be initiated until all said permits have been obtained. 7. Grantee shall allow periodic inspections by the city to monitor the progress of the work including, but not limited to, a final inspection. 8. Grantee shall provide city with copies of all contracts and work proposals from contractors performing conversion work, invoices itemizing eligible material and labor, stamped paid receipts, final waivers of lien and other documentation showing proof of payment for materials and labor for all work completed as may be required by the director. 9. Grantee shall post a sign at the residential structure at which the conversion is occurring stating that such structure is being converted in conjunction with the city’s residential conversion grant program. Such sign shall be provided to the grantee by the city and shall be placed in the front yard of such structure at a location approved by the city with the sign faces being positioned perpendicular to the adjoining street. The sign shall remain posted in such manner until the grantee’s conversion project has been completed and approved by the city. Notwithstanding the foregoing, the city may require the grantee to remove such sign at any time upon written notice to the grantee. The city may require the grantee to post a refundable deposit in an amount equal to the replacement cost for such sign to guarantee the sign’s return to the city in a satisfactory condition. Section 2. That Section 2.30.100 of the Elgin Municipal Code, 1976, as amended, entitled “Grants; General,” be and is hereby further amended to read as follows: VOLUME LXXII MARCH 14, 2007 176 A. Evaluations Required: The community development manager, or his or her designee, shall evaluate or cause to be evaluated all single-family dwellings or rental residential properties for which a grant or loan is sought pursuant to the terms of this chapter to determine whether they are lawful and to confirm compliance with the property maintenance code. Such evaluation shall be made prior to the execution of any agreement for a grant. A second evaluation shall be made following completion of work and prior to the payment of any grant. B. Applications and Guidelines: The community development manager, or his or her designee, is hereby authorized and directed to prepare and distribute the appropriate forms and guidelines for the implementation of this chapter. C. Grantee shall post a sign at the residential structure at which the rehabilitation work is occurring stating that such structure is being rehabilitated in conjunction with the city’s residential rehabilitation program. Such sign shall be provided to the grantee by the city and shall be placed in the front yard of such structure at a location approved by the city with the sign faces being positioned perpendicular to the adjoining street. The sign shall remain posted in such manner until the grantee’s rehabilitation project has been completed and approved by the city. Notwithstanding the foregoing, the city may require the grantee to remove such sign at any time upon written notice to the grantee. The city may require the grantee to post a refundable deposit in an amount equal to the replacement cost for such sign to guarantee the sign’s return to the city in a satisfactory condition. D. Limitations: Grants or loans authorized under this chapter shall be limited to the reimbursement of actual expenses incurred for eligible repairs, shall be payable only upon satisfactory completion of the designated repairs and shall be limited to the amount approved at the time of execution of the rehabilitation grant agreement. No grants shall be approved for any rehabilitation, repair, reconstruction, lead based paint abatement or accessibility improvement activities initiated or completed prior to the execution of the rehabilitation grant or loan agreement. The community development manager, or his or her designee, may make direct payments to the contractor performing the work on the eligible repairs upon the satisfactory completion of the designated repairs. E. Extension Of Contract: The community development manager, or his or her designee, may grant a one time extension to a rehabilitation grant agreement authorized under this chapter not exceeding six (6) months when there are circumstances, difficulties, or hardships that make unreasonable the time for compliance specified by the rehabilitation grant agreement. For the consideration of time extensions, personal circumstances peculiar to the property owner may constitute such circumstances within the meaning of this subsection as may material shortages, labor strikes, or seasonal limitations preventing the completion of the work contemplated in the rehabilitation grant agreement. MARCH 14, 2007 VOLUME LXXII 177 F. Failure To Perform: Failure to perform the obligations of the rehabilitation grant agreement shall subject the applicant to repayment of any grant monies received. G. Penalty For Misrepresentation Or Failure To Comply With Conditions: Any person who willfully makes any false statement or misrepresentation in obtaining a loan or grant under the provisions of this chapter, or willfully fails to comply with the applicable conditions affecting that person's grant or loan shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), shall be required to reimburse the city for the amount of the grant, plus the city's costs in administering that grant, and shall forfeit the right to any future participation in any program authorized under the residential rehabilitation program ordinance. Section 3. That Section 20.15.050 of the Elgin Municipal Code, 1976, as amended, entitled “Guidelines,” be and is hereby further amended to amend subsection C read as follows: C. Grants: The amount of any grant shall be determined by the director of the community development department, or the director's designee, in accordance with an approved estimate of cost for eligible exterior historic/architectural rehabilitation work. Grants shall be limited to fifty percent (50%) of eligible, approved project construction costs and applicable to a minimum project of five thousand dollars ($5,000.00) with no grant to exceed twenty thousand dollars ($20,000.00). Section 4. That Section 20.15.050 of the Elgin Municipal Code, 1976, as amended, entitled “Guidelines,” be and is hereby further amended to amend subsection E read as follows: E. Conditions; Agreement Required: Program participation shall, within thirty (30) days of receiving notification of being awarded a grant, require the execution of an agreement between the applicant and the city. The director, or the director's designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, requirements for the applicant as follows: 1. Within one hundred eighty (180) days of executing the agreement, the applicant shall obtain a certificate of appropriateness for any construction work to be performed on the residential structure which is the subject of the agreement. 2. The applicant shall complete the historic/architectural rehabilitation of the residential structure which is the subject of the agreement in compliance with the Elgin "Design Guideline Manual" and in conformance with the certificate of appropriateness within an eighteen (18) month period from the date of the execution of the grant agreement. 3. The applicant shall post a sign at the residential structure which is the subject of the agreement stating that such structure is being rehabilitated in conjunction with VOLUME LXXII MARCH 14, 2007 178 the city’s 50/50 Historic/Architectural Rehabilitation Grant Program. Such sign shall be provided to the applicant by the city and shall be placed in the front yard of such structure at a location approved by the city with the sign faces being positioned perpendicular to the adjoining street. The sign shall remain posted in such manner until the applicant’s rehabilitation project has been completed and approved by the city. Notwithstanding the foregoing, the city may require the grantee to remove such sign at any time upon written notice to the grantee. The city may require the applicant to post a refundable deposit in an amount equal to the replacement cost for such sign to guarantee the sign’s return to the city in a satisfactory condition. Section 5. That Section 20.16.050 of the Elgin Municipal Code, 1976, as amended, entitled “Guidelines,” be and is hereby further amended to amend subsection D read as follows: D. Grant Amounts: The amount of any grant shall be determined by the director of the community development department, or the director's designee, in accordance with an approved estimate of cost for eligible exterior historic/architectural rehabilitation work. Grants shall be limited to seventy five percent (75%) of eligible, approved project construction costs and applicable to a minimum project of two thousand five hundred dollars ($2,500.00) with no grant to exceed twenty thousand dollars ($20,000.00). Grants for the painting project program shall be one hundred percent (100%) of the cost for the painting of the exterior of a property with no painting project grant to exceed two thousand five hundred dollars ($2,500.00). Section 6. That Section 20.16.050 of the Elgin Municipal Code, 1976, as amended, entitled “Guidelines,” be and is hereby further amended to amend subsection F read as follows: F. Conditions; Agreement Required: Program participation shall, within thirty (30) days of receiving notification of being awarded a grant, require the execution of an agreement between the applicant and the city. The director, or the director's designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, requirements for the applicant as follows: 1. Within one hundred eighty (180) days of executing the agreement, the applicant shall obtain a certificate of appropriateness for any construction work to be performed on the residential structure which is the subject of the agreement. 2. The applicant shall complete the historic/architectural rehabilitation of the residential structure which is the subject of the agreement in compliance with the Elgin "Design Guideline Manual" and in conformance with the certificate of appropriateness within an eighteen (18) month period from the date of the execution of the grant agreement. MARCH 14, 2007 VOLUME LXXII 179 3. The applicant shall post a sign at the residential structure which is the subject of the agreement stating that such structure is being rehabilitated in conjunction with the city’s 75/25 Historic/Architectural Rehabilitation Grant Program. Such sign shall be provided to the applicant by the city and shall be placed in the front yard of such structure at a location approved by the city with the sign faces being positioned perpendicular to the adjoining street. The sign shall remain posted in such manner until the applicant’s rehabilitation project has been completed and approved by the city. Notwithstanding the foregoing, the city may require the grantee to remove such sign at any time upon written notice to the grantee. The city may require the applicant to post a refundable deposit in an amount equal to the replacement cost for such sign to guarantee the sign’s return to the city in a satisfactory condition. Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 14, 2007 Passed: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 15, 2007 Published: March 16, 2007 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-73 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (468 DIVISION STREET) Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII MARCH 14, 2007 180 Resolution No. 07-73 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (468 Division Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Saiprasong Insisiengmay, for the purchase of property commonly known as 468 Division Street, Elgin, for $227,500, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 14, 2007 Adopted: March 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Telecommunications Tax Report for November 2006 Civil Service Commission Minutes for November 13, 2006, December 4, 2006, January 8, 2007 Elgin Emergency Telephone System Board Minutes for December 21, 2006 Elgin Heritage Commission Minutes for September 5, 2006 and October 3, 2006 Board of Fire & Police Commissioners Minutes for November 9, 2006 Board of Health Minutes for July 17, 2006 The Highlands Golf Course Project Minutes for June 2, 2006 Parks & Recreation Advisory Board Minutes for September 26, 2006 and October 24, 2006 Veterans Memorial Park Committee Minutes for January 17, 2007 Committee of the Whole Minutes for February 14, 2007 City Council Minutes for February 14, 2007 MARCH 14, 2007 VOLUME LXXII 181 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 8:04 p.m. s/Jennifer Quinton April 11, 2007 Jennifer Quinton, Deputy City Clerk Date Approved