Loading...
HomeMy WebLinkAboutr - September 26, 2007 CC676 VOLUME LXXII SEPTEMBER 26, 2007 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 September 26, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:30 p.m. The Invocation was given by Pastor Dale Jaacks and the Pledge of Allegiance was led by Assistant City Manager Sean Stegall. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE SEPTEMBER 12, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the September 12, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Maria Alvarez, a representative from the Hispanic Heritage Commission, reported on the Fiesta Salsa event and she presented a plaque to the City of Elgin for its support of the event. Judy Robnett and Charlene Echoes, representatives of Southwest Area Neighborhood Association (SWAN), thanked the Code Enforcement Department, Public Works Department, and the Police Department for coming to their meetings and supporting their enforcement efforts on behalf of their neighborhood. John Collins addressed the Council regarding flooding concerns in his neighborhood. SEPTEMBER 26, 2007 VOLUME LXXII 677 BID 07-052A AWARDED TO H. LINDEN & SONS, INC. FOR THE PHASE I CONSTRUCTION OF THE CITY OF ELGIN’S LIME WASTE DISPOSAL MAIN AND THE FOX RIVER WATER RECLAMATION DISTRICT’S FORCE MAIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve a contract with H. Linden & Sons in the amount of $3,555,240 for the Phase I construction of the City of Elgin’s lime waste disposal main and the Fox River Water Reclamation District’s force main. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-096 AWARDED TO VARIOUS VENDORS FOR THE 2007 WATER TREATMENT CHEMICALS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award contracts to the various vendors listed below. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. CHEMICAL AWARD TO Estimated Annual Quantity Dollars per Pound Alum USALCO, Baltimore, MD 1,800,000 $0.1120 ** Ammonia, Bulk TANNER INDUSTRIES, Southampton, PA 140,000 $0.1100 Ammonia, Drums ALEXANDER CHEMICAL CORP., Lisle, IL 12,000 $0.2311 Chlorine ALEXANDER CHEMICAL CORP., Lisle, IL 350,000 $0.2445 HFS, Bulk KC INDUSTRIES, Mulberry, FL 240,000 $0.2425 HFS, Drums BARSON CHEMICAL, Elgin, IL 6,000 $0.3600 Potassium Permanganate (KMnO4) CARUS CHEMICAL, Peru, IL 60,000 $1.7700 ** Powdered Activated Carbon (PAC) JACOBI CARBONS, Philadelphia, PA 500,000 $0.5450 ** Soda Ash OCI CHEMICAL CORP, Marietta, GA 1,800,000 $0.1325 Lime CARMEUSE LIME, Pittsburgh, PA 4,500 tons $87.68/ ton ** **Optional second year bids were submitted by four of these companies. They were also low responsive bidders. All of these companies should be awarded two-year contracts. BID 07-098 AWARDED TO OFFICE DEPOT AND B& H INDUSTRIES FOR CITYWIDE DOCUMENT REPRODUCTION Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Office Depot in an amount not to exceed $29,000 and B & H Industries in an amount not to exceed $7,000 a year for document reproduction services for City departments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII SEPTEMBER 26, 2007 678 BID 07-099 AWARDED TO PRAIRIE INTERNATIONAL TRUCK SALES FOR THE PURCHASE OF ONE REPLACEMENT 2007 INTERNATIONAL 7400 TRUCK CHASSIS EQUIPPED WITH A MOUNTED SEWER JET THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to purchase one replacement 2007 International 7400 truck chassis equipped with a sewer jetting body from Prairie International Truck Sales for $155,277 after utilizing the existing unit for trade-in through the State of Illinois Joint Purchase Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-100 AWARDED TO ZIEGLER’S ACE HARDWARE FOR THE PURCHASE OF BIODEGRADABLE YARD WASTE BAG FOR SALES AND DISTRIBUTION Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a contract to Ziegler’s Ace Hardware for one year, with three extension options, in an amount not to exceed $36,000 for the sale and distribution of biodegradable yard waste bags. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-101 AWARDED TO SINNETT BUILDERS, INC. FOR THE ELGIN SHORES FOREST PRESERVE CONSTRUCTION CONTRACT Councilmember Kaptain made a motion, seconded by Councilmember Walters, to award a contract to Sinnett Builders, Inc. in the amount of $569,000 for construction services for proposed improvements at the Elgin Shores Forest Preserve. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 67-06 APPROVED REQUESTING A MAP AMENDMENT FROM SFR2 SINGLE FAMILY RESIDENCE DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT AND PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT, AND PRELIMINARY PLAT APPROVAL; TO PERMIT THE ESTABLISHMENT OF OFFICES AND RESIDENCES IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 2895 WELD ROAD BY SMC PROPERTIES, LLC, AS APPLICANTS AND FUNK PROPERTIES, LTD., AS OWNERS Community Development Director Deering stated that the subject property is approximately 7 acres of land and the project features three commercial buildings, which will be constructed out of masonry for office and retail uses, as well as seven single family lots that will be to the west of the project. He stated that the Planning and Development Commission has recommended approval of Petition 67-06 subject to the seven conditions outlined in the memo provided to Council. SEPTEMBER 26, 2007 VOLUME LXXII 679 Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve Petition 67-06 subject to the seven conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 46-07 APPROVED REQUESTING AN AMENDMENT TO PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NUMBER G51-00, TO ALLOW FOR NIGHT SPORTS EVENTS AT THE EXISTING SPORTS FIELD; PROPERTY LOCATED AT 335 LOCUST STREET BY SAINT EDWARD CENTRAL HIGH SCHOOL, AS APPLICANT, AND THE CATHOLIC DIOCESE OF ROCKFORD, AS OWNER Community Development Director Deering stated the subject property is located at 335 Locust Street. The applicant is requesting that permanent light fixtures be added to the existing sports field for a maximum of ten games each season. The Planning and Development Commission has recommended the denial of this application, but stated that on a motion for approval of this application the Staff recommends that the Council include the six conditions outlined in the memo provided to Council. Frank Solaric, representing the applicant, made a presentation regarding the petition. He addressed the following issues in response to neighborhood concerns: • Additional parking has been obtained and he outlined a parking plan for players and volunteers. • Signs will be posted indicating where the additional parking will be located. • Public announcements will be made during the games that all in attendance be courteous neighbors and any illegally parked vehicle will be ticketed and towed. • Traffic control concerns are being addressed with the Elgin Police Department and the applicant is working with the department to develop a traffic control plan. • The Booster Club is hiring a traffic detail from the Elgin Police Department for both traffic and crowd control. • Additional trash receptacles are being placed at the site and the Booster Club will be patrolling the streets in the immediate area for trash towards the end of any event. Additionally, the football players will be patrolling the area on Saturdays following a Friday evening game to pickup any stray trash that is to be found and letters will be sent out to neighbors requesting permission to pickup trash on their property and in the parking lots. Councilmember Walters stated he would like St. Edwards to consider allowing neighbor children to play on the field during the summer months or possibly converting an unused portion into a tot lot for the younger kids. Mr. Solaric stated that the summer months are the field restoration period where they fertilize, seed and water the field in preparation of the next season. He stated that the unused portion that Councilmember Walters is referring to is used as a practice area by the soccer team. VOLUME LXXII SEPTEMBER 26, 2007 680 Councilmember Figueroa stated that the neighborhood has expressed an interest in receiving a park and would like to see St. Edwards engage in conversations with the community to perhaps make that happen in the future. Councilmember Kaptain stated that he has communicated with the neighborhood association in the area which has brought to light a number of issues and obligations that both the City and St. Edwards should be responsible for. He suggested talking with the neighborhood and establishing a zone around the field that St. Edwards will be responsible for clean-up duties, as well as establishing definite no parking zones around neighbors driveways and anyone parking in these areas will be ticketed and towed if they are blocking driveways. He recommended that St. Edwards hire one or two officers to direct traffic and provide ticketing for illegally parked vehicles. Mayor Schock read a portion of the public hearing transcript. Mayor Schock stated that this is not an issue about lights, but it is an issue of trust. The neighborhood wants to know that the promises St. Edwards makes are going to be kept and are not just empty words, and that this is a commitment from the entire St. Edwards community for the long-term. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve Petition 46-07 subject to the six conditions outlined in the memo provided to Council. Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to amend the Petition to add the condition that the applicant be responsible for hiring an Elgin Police Officer for the evening games. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve Petition 46-07 as amended and subject to the six conditions outlined in the memo provided to Council. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 47-07 APPROVED REQUESTING APPROVAL OF A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT, AND PRELIMINARY PLAT APPROVAL, TO DEVELOP THE SITE AS MOTOR VEHICLE DEALERSHIP PARK IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; BY RANDALL 90, L.L.C., AS APPLICANT AND OWNER Community Development Director Deering stated the subject property is approximately 86 acres of land located at the northwest corner of I-90 and Randall Road. The proposed use is a luxury auto-mall for the City and outlined the departures requested from the sign ordinance and the reasons involved. He stated that the Community Development Department and the Planning and Development Commission have recommended approval of this petition subject to the two conditions provided for in the memo given to Council. SEPTEMBER 26, 2007 VOLUME LXXII 681 Councilmember Kaptain asked what the variance is that the applicant is requesting from the City’s current sign ordinance. Mr. Deering stated that the standard sign ordinance requirement for a freestanding sign is 10 feet and the applicant is requesting that it be 80 feet. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve Petition 47-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PROPOSED DEVELOPMENT AGREEMENT APPROVED WITH RANDALL 90, L.L.C. PETITION 47-07 Corporation Counsel Cogley reviewed the proposed development agreement and the incentives involved through the City. Mr. Cogley broke the general incentives down into two sections of assistance, that of Cash Development Assistance, and Tax Rebate Components which will be paid through revenues generated by the development of the site and sales activities on the site. Mr. Cogley stated that various surveys had been conducted to show the various benefits of bringing this development to the City and outlined some of the points that were presented to the Council through the documents provided to them. Councilmembers voiced their concerns and had discussions with various Staff members regarding the following: • Signage height, placement, and technology involved • Zoning in the front portion of the proposed development • Analyses that were conducted and projected returns to the City over the long term • Timeframe and distribution of City money for the proposed incentives Councilmember Figueroa made a motion, seconded by Councilmember Powers, to approve the proposed development agreement with Randall 90, L.L.C. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 49-07 APPROVED REQUESTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO PGI PLANNED GENERAL INDUSTRIAL DISTRICT; TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 1502-1506 VILLA AVENUE BY PRIME COMMERCIAL CORPORATION, AS APPLICANT, AND SAFETY-KLEEN CORPORATION, AS OWNER Community Development Director Deering stated that the applicant is requesting permission to construct a building addition in the ARC Arterial Road Corridor Overlay District on the property VOLUME LXXII SEPTEMBER 26, 2007 682 located at 1502-1506 Villa Avenue. The Planning and Development Commission has recommended approval of this petition subject to the four conditions outlined in the memo provided to Council. Councilmember Walters made a motion, seconded by Councilmember Steffen, to approve Petition 49-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 52-07 APPROVED REQUESTING A CONDITIONAL USE IN THE PRB PLANNED RESIDENCE BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A CHURCH; PROPERTY LOCATED AT 1210 HUNTER DRIVE, BY ALL NATION’S WORSHIP CENTER, AS APPLICANT, AND CROWN HOLDINGS HUNTER DRIVE, LLC, AS OWNER Community Development Director Deering stated that the applicant is requesting permission to establish a church at the property located at 1210 Hunter Drive. The Planning and Development Commission have recommended approval of this petition subject to the five conditions outlined in the memo provided to Council. Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve Petition 52-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 55-07 APPROVED REQUESTING A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT, TO PERMIT A PACKAGE LIQUOR SALES ESTABLISHMENT; PROPERTY LOCATED AT 136 TYLER CREEK PLAZA II BY DURGA INC., D/B/A MR. A’S WINE AND LIQUOR BIN, AS APPLICANT, AND 401 S. CARLTON LLC., AS OWNER Community Development Director Deering stated that the applicant is requesting conditional use approval in the AB Area Business District, to permit a package liquor sales establishment. The Planning and Development Commission have recommended approval of this petition subject to the four conditions outlined in the memo provided to Council. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 55-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. SEPTEMBER 26, 2007 VOLUME LXXII 683 RESOLUTION 07-237 ADOPTED ACCEPTING THE PROPOSAL OF LUNDSTROM INSURANCE FOR LIMITED SELF-INSURANCE PROGRAM Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-237 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PAR GROUP, L.L.C. RELATING TO AN EXECUTIVE SEARCH FOR A NEW FIRE CHIEF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Par Group, L.L.C. for professional services in connection with an executive search to select a new city fire chief, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-242 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PAR GROUP, L.L.C. RELATING TO EXECUTIVE SEARCH FOR A NEW FIRE CHIEF Councilmember Walters made a motion, seconded by Councilmember Powers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII SEPTEMBER 26, 2007 684 Resolution No. 07-242 RESOLUTION ACCEPTING THE PROPOSAL OF LUNDSTROM INSURANCE FOR LIMITED SELF-INSURANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Lundstrom Insurance for the city’s limited self- insurance program for the period October 1, 2007 through September 30, 2008 as follows: a. To award Safety National a $550,000 SIR worker's compensation proposal for a total excess premium cost of $90,756. b. To accept St. Paul’s renewal for a premium cost of $827,457 and a claims administration fee of $61,000. c. To accept American International Specialty Lines’ renewal pollution liability policy for a premium cost of $54,386. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Seyfarth Shaw Chicago, IL $26,819.43 Attorney fees for City July 1-31, 2007 Badger Meter Milwaukee, WI $21,535.29 Water meter repair parts throughout the City SEPTEMBER 26, 2007 VOLUME LXXII 685 CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass Ordinance Nos. G55-07, G56-07 and T34-07, and adopt Resolution Nos. 07-231 through 07-243 (except Resolution Nos. 07-237 and 07-242 adopted above) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-231 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (393 N. STATE STREET) Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-231 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (393 N. STATE STREET) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Richard Burge, for the sale of property commonly known as 393 N. State Street, Elgin, for $137,500, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII SEPTEMBER 26, 2007 686 RESOLUTION 07-232 ADOPTED EXPRESSING SUPPORT FOR THE UNITED STATES CONFERENCE OF MAYORS CLIMATE PROTECTION AGREEMENT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-232 RESOLUTION EXPRESSING SUPPORT FOR THE UNITED STATES CONFERENCE OF MAYORS CLIMATE PROTECTION AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby expresses its support of the provisions of the U.S. Mayor’s climate protection agreement, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-233 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE HOPE FAIR HOUSING CENTER Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. SEPTEMBER 26, 2007 VOLUME LXXII 687 Resolution No. 07-233 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE HOPE FAIR HOUSING CENTER 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 interests of the city; and BE IT FURTHER RESOLVED that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with the HOPE Fair Housing Center for fair housing services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-234 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO AGREEMENT WITH CRAWFORD MURPHY & TILLY, INC. (SPARTAN DRIVE EXTENSION-SECTION 2 PROJECT) Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-234 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO AGREEMENT WITH CRAWFORD MURPHY & TILLY, INC. (Spartan Drive Extension-Section 2 Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby VOLUME LXXII SEPTEMBER 26, 2007 688 authorized and directed to execute Amendment No. 3 to an agreement on behalf of the City of Elgin with Crawford, Murphy & Tilly, Inc. for additional design engineering services and construction engineering services for the Spartan Drive Extension-Section 2 Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-235 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER AND WATERMAIN PURPOSES FROM LEWIS SAMPSON AND SUZANNE SAMPSON (4 N. JACKSON STREET) Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-235 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER AND WATERMAIN PURPOSES FROM LEWIS SAMPSON AND SUZANNE SAMPSON (4 N. JACKSON STREET) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an easement agreement for sanitary sewer and watermain purposes from Lewis Sampson and Suzanne Sampson, for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 26, 2007 VOLUME LXXII 689 Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-236 ADOPTED AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH KELLENBERGER AUTO SERVICE (217 SYMPHONY WAY) Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-236 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH KELLENBERGER AUTO SERVICE (217 Symphony Way) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with Kellenberger Auto Service for the property commonly known as 217 Symphony Way, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII SEPTEMBER 26, 2007 690 RESOLUTION 07-238 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (401 AND 431-35 N. STATE STREET) Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-238 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (401 and 431-35 N. State Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Sleeping Bear Properties, LLC, an Illinois limited liability company, Small's Furniture City, Inc., an Illinois corporation, and Kirk Small, for the purchase of property commonly known as 401 and 431-35 N. State Street, Elgin, for $796,500, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-239 ADOPTED APPOINTING MEMBERS TO BOARDS AND COMMISSIONS Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. SEPTEMBER 26, 2007 VOLUME LXXII 691 Resolution No. 07-239 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Renard I. Jackson be and is hereby appointed as a member of the Elgin Housing Authority, for a term to expire December 1, 2009. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-240 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR UTILITY, ACCESS AND MAINTENANCE WITH THE COLUMBINE HOMEOWNERS ASSOCIATION Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-240 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR UTILITY, ACCESS AND MAINTENANCE PURPOSES FROM COLUMBINE HOMEOWNERS ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an easement agreement for utility, access and maintenance purposes from the Columbine Homeowners Association, for the property legally described on Exhibit A, a copy of which is attached hereto. VOLUME LXXII SEPTEMBER 26, 2007 692 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-241 ADOPTED ACCEPTING PLAT OF DEDICATION FOR SHASTA DAISY DRIVE AND COLUMBINE DRIVE Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-241 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (Shasta Daisy Drive and Columbine Drive) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a public street prepared by Atwell-Hicks, L.L.C., an Illinois Land Surveyor, and dated March 6, 2007, last revised July 20, 2007, for the property legally described as follows: COLUMBINE DRIVE DEDICATION: THAT PART OF LOT 119, COLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS RECORDED OCTOBER 20, 1995, IN DOCUMENT NO. 95K063055, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119; THENCE N88°49'04"E 230.28 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF BOWES ROAD/COUNTY HIGHWAY 17 TO THE SOUTHEAST CORNER OF SAID SEPTEMBER 26, 2007 VOLUME LXXII 693 LOT 119; THENCE N00°55'14"W 1.00 FOOT ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE FOR A PLACE OF BEGINNING; THENCE 183.94 FEET ALONG THE ARC OF A 65.00 FOOT RADIUS NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 162°08'09", HAVING A CHORD WHICH BEARS N03°44'22"E 128.42 FEET TO AFORESAID WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE S08°36'14"W 63.06 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT- OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE S00°55°14"E 65.81 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE TO THE PLACE OF BEGINNING, CONTAINING 0.11 ACRES OF LAND, MORE OR LESS. SHASTA DAISY DRIVE DEDICATION: THAT PART OF LOT 119, COLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS RECORDED OCTOBER 20, 1995, IN DOCUMENT NO. 95K063055, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119; THENCE N88°49'04"E 3.69 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF BOWES ROAD/COUNTY HIGHWAY 17 FOR A PLACE OF BEGINNING; THENCE N43°49'29"E 14.14 FEET; THENCE N01°10'06"W 52.72 FEET; THENCE 63.39 FEET ALONG THE ARC OF A 59.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTHEAST, WITH A CENTRAL ANGLE OF 61°33'20", HAVING A CHORD WHICH BEARS N29°36'33"E 60.38 FEET; THENCE N60°23'12"E 108.71 FEET; THENCE N00°36'20"W 31.99 FEET TO THE SOUTHERN RIGHT-OF-WAY LINE OF RED BARN LANE; THENCE 14.66 FEET ALONG THE ARC OF A 230.00 FOOT RADIUS NON- TANGENTIAL CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, WITH A CENTRAL ANGLE OF 03°39'08", HAVING A CHORD WHICH BEARS S89°05'41"E 14.66 FEET ALONG THE NORTH LINE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID RED BARN LANE; THENCE N89°04'46"E 96.00 FEET ALONG THE NORTH LINE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WAY OF SAID RED BARN LANE TO THE NORTHEAST CORNER OF SAID LOT 119; THENCE S00°55'14"E 11.44 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE; THENCE S08°36'14"W 30.90 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE S60°21'01"W 195.85 FEET; THENCE S01°10'06"E 52.11 FEET; THENCE S46°10'31"E 14.14 FEET TO THE SOUTHERN LINE OF VOLUME LXXII SEPTEMBER 26, 2007 694 SAID LOT 119; THENCE S88°49'04"W 80.00 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF SAID BOWES ROAD/COUNTY HIGHWAY 17 TO THE PLACE OF BEGINNING, CONTAINING 0.43 ACRES OF LAND, MORE OR LESS. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G55-07 PASSED AMENDING TITLE 21 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “STORMWATER MANAGEMENT” Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G55-07 AN ORDINANCE AMENDING TITLE 21 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “STORMWATER MANAGEMENT” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 21, of the Elgin Municipal Code, 1976, as amended, entitled “Storm Water Management”, be and is hereby further amended by amending Section 21.01.020, entitled “Additions, Insertions and Changes” to read as follows: The Kane County storm water management ordinance, as amended, is amended and revised in the following respects: SEPTEMBER 26, 2007 VOLUME LXXII 695 Section 104(2), entitled "Definitions", shall be amended to read as follows: Administrator means the City Engineer of the City of Elgin. Section 104, entitled "Definitions", shall be amended to add the following definition of the term "Oversight Committee" as subparagraph (138): Oversight Committee means the City of Elgin Planning and Development Commission. Section 201(d), entitled “General stormwater requirements, shall be amended to read as follows: All developments shall have an overland flowpath at the downstream limit of the site that will pass the base flood flow without increasing flood damage. If the upstream drainage area is less than 20 acres, a storm sewer pipe and inlet sized for the base flood may be constructed in lieu of providing an overland flowpath. Overland flowpaths internal to the site shall be considered part of the major stormwater system and shall be designed for conveyance of a minimum of one cfs per tributary acre without damage to structures. The minimum freeboard on an overland flowpath, regardless of the service area size, shall be one (1) foot. Section 202(b), entitled "Site runoff requirements", shall be amended to read as follows: Minor stormwater systems shall be sized to convey runoff from the tributary watershed under fully developed conditions consistent with the design requirements as follows: (1) Storm Sewers: Storm sewers shall be designed to flow just full for the 10-year intensity-duration-frequency curve. The maximum allowable width of the street gutter flow from the face of the curb shall be limited to eight feet (8'). (2) Drainage Plan: An overall drainage area layout plan showing the limits of the contributing runoff broken down into areas contributing to each drainage pick-up point, shall be submitted with the paving and drainage plans. Drainage design with the development shall be adequate to handle the entire contributing watershed area, and its existing, proposed and probable future development, and not the area under submission only. (3) Open Channels: Open channels used as part of a major drainage system shall be designed with a minimum freeboard of two feet (2') and a product of maximum velocity in feet per second and depth in feet of four (4) or less for the base flood. VOLUME LXXII SEPTEMBER 26, 2007 696 (4) Minor Drainage Construction Standards: The minimum pipe size for culverts and storm sewers as part of the minor drainage system shall be twelve inches (12") inside diameter, except the minimum pipe size connecting one catch basin with another catch basin or manhole may be ten inches (10") inside diameter. The minimum clean-out velocity for all pipes shall be two feet (2') per second. Sewer design shall consider the need for grates to prevent ingress but not egress from sewers greater than ten inches (10") diameter. Storm sewer pipe materials shall meet State standards and shall be watertight. (5) Manholes And Catch Basins; Spacing And Standards: Manhole and/or catch basin spacing between straight runs of pipe shall be limited to a maximum spacing of three hundred feet (300') for sewers thirty six inches (36") or less in diameter, a maximum of five hundred feet (500') for sewers over thirty six inches (36") in diameter. Manhole and catch basin shall meet State standards, shall be precast concrete and shall be watertight unless otherwise approved by the Director. (6) Size Of Minor Drainage Systems: Minor drainage systems shall be sized to convey runoff from the tributary watershed under fully developed conditions for the 10-year event of critical duration. (7) Maintenance Access: Major and minor storm water systems shall be located within easements or rights of way at least ten feet (10') wide explicitly providing for public access for their maintenance. (8) Buildable Lots: No buildable lots shall contain flood plain, wetlands or waters of the United States. Section 203(b), entitled "Site runoff storage requirements (detention)", shall be amended to read as follows: Absent any applicable watershed plan or interim watershed plan, sufficient storage shall be provided such that the probability of the post development release rate exceeding 0.1 cfs/acre of development shall be less than one percent (1%) per year and the probability of the post-development release rate exceeding 0.04 cfs/acre of development shall be less than fifty percent (50%) per year. Design runoff volumes shall be calculated using event hydrograph methods. The Administrator may specify more restrictive release rates when downstream conditions warrant. Section 203(h)(1), entitled "Site runoff storage requirements (detention)", shall be amended to read as follows: SEPTEMBER 26, 2007 VOLUME LXXII 697 A minimum of two feet (2') of freeboard above the base flood elevation shall be provided around the perimeter of the detention facility with the exception of the overflow structure. Water surface elevations two feet (2') above the base flood elevation shall not damage the detention facility. Section 203(h)(2), entitled "Site runoff storage requirements (detention)", shall be amended to read as follows: The storage facilities shall be accessible and easily maintained and, for the subdivision of land, storage facilities and their access to a public street shall be entirely located on a lot of record. Buildable lots within a subdivision shall not include any portion of the stormwater storage facility. Access shall be a minimum of fifteen (15) feet to accommodate a minimum twelve (12)-foot wide paved access. Section 203(h)(10), entitled "Site runoff storage requirements (detention)", shall be created to read as follows: All outlet works shall function without human intervention or outside power and shall operate with minimum maintenance. Section 203(h)(11), entitled "Site runoff storage requirements (detention)", shall be created to read as follows: Detention facilities shall provide an overflow structure and overflow path that can safely pass excess flows through the development site. The minimum design rate shall be 1.0 cfs/acre of area tributary to the storage facility. Section 203(h)(12), entitled "Site runoff storage requirements (detention)", shall be amended to read as follows: The maximum allowable water level fluctuation shall be seven and one-half (7 ½) feet. Section 203(h)(13), entitled "Site runoff storage requirements (detention)", shall be created to read as follows: The maximum slope on any portion of a storage facility, including access areas, shall be four (4) foot of run for every one (1) foot of rise (4:1 ratio). Exceptions may be made within the retention area of a pond below normal water level when the developer is creating a fish habitat within the storage facility. Section 203(g)(1), entitled "Site runoff storage requirements (detention)", shall be amended to read as follows: VOLUME LXXII SEPTEMBER 26, 2007 698 The runoff from a 0.75 inch rainfall event over the hydraulically connected impervious area of the new development shall be stored below the elevation of the primary gravity outlet (retention) of the site runoff storage facility. The facility may be designed to allow for evapotransporation or infiltration of this volume into a subsurface drainage system and shall not be conveyed through a direct positive connection to downstream areas. Wherever the retention depth is less than 3 ft. the retention facility shall be constructed by over-excavating the required retention volume by 1 ft. and replacing such volume with 1 ft. of topsoil suitable for growing wetland plants. Topsoil used shall be generally free from non-native and noxious seed bank. Native wetland plantings shall be introduced and shall not be dominated by or contain cumulatively more than 25% cover of the following species: Buckthorn (Rhamunus cathartica or frangula), Reed Canary Grass (Phalaris arundinacea), Purple Loosestrife (Lythrum salicaria), or Giant Reed (Phragmites australis). Within six months of the completion of the development a qualified wetland review specialist retained by the developer shall verify compliance with this section in a report submitted to the Administrator. A safety and planting ledge shall be incorporated into detention facilities that include retention below normal water level greater than two (2) feet. Said ledge shall be at least six (6) inches but not more than two (2) feet below normal water level and shall extend a minimum distance of ten (10) feet into the pond. Section 500(c), entitled "General requirements", shall be amended to read as follows: All permit fees shall be paid at the time of the application in accordance with the fee schedule established by this Chapter. Fees shall established based upon all costs incurred by the permitting authority in the administration of the permit, including, without limitation, the costs of review and inspections both during and after construction within the period for the establishment of permanent cover. Section 600, entitled "Long-term maintenance", shall be amended to read as follows: Unless maintenance responsibility has been delegated to and accepted by another person under this section, the owner shall maintain that portion of a stormwater drainage system, including any special management areas, located upon his land. With the approval of the Administrator, the stormwater drainage system and special management areas, or specified portions thereof, may be- (a) dedicated or otherwise transferred to and accepted by the permitting authority or other public entity; or (b) conveyed or otherwise transferred to and accepted by a homeowner's association, or similar entity, the members of which are to be the owners of all of the lots or parcels comprising the development; or SEPTEMBER 26, 2007 VOLUME LXXII 699 (c) conveyed to one or more persons or in one or more undivided interests to one or more persons. Except for those portions of the stormwater drainage system and special management areas to be dedicated or otherwise transferred to the permitting authority or other public entity, included in the application for a stormwater permit shall be a plan for the long term management, operation and maintenance of the stormwater drainage system and special management areas and a description of the funding sources therefore. The person or entity that will remain responsible for the maintenance of all detention facilities shall be designated on the final plat of subdivision or other applicable recorded documents and final plans. Amendments to the plan must be approved by the Administrator. Section 700, entitled "Inspection and maintenance authority", shall be amended to read as follows: Pursuant to the authority granted by 55 ILCS 5/51104 and 5-1062, the County may, upon 30 days' notice to the owner or occupant, enter upon any lands or waters within the County for the purpose of inspecting, maintaining or inspecting and maintaining any stormwater facilities or causing the removal of any obstruction to an affected watercourse. The permitting authority may enter upon any lands or waters within the City in accordance with Chapter 1.16 of the Code for the purpose of inspecting, maintaining or inspecting and maintaining any stormwater facilities or causing the removal of any obstruction to an affected watercourse. Section 703, entitled "Offenses-penalties; remedies", shall be amended to read as follows: (a) Any person found guilty of an offense under this ordinance shall pay a civil fine in an amount of not less than $100.00 and not more than $1000.00. Each calendar day during which such violation continues to exist shall constitute a separate offense. (b) In addition to any fine imposed under this section, the Administrator or Director may revoke any stormwater management permit issued to such person. (c) In addition to any fine imposed or permit revocation undertaken pursuant to this section, the Administrator or Director may issue an order requiring the suspension of any further work on the site. Such stop-work order shall be in writing, shall indicate the reason for the issuance, and shall specify the action, if any, required to be taken in order to resume work. One copy of the stop-work order shall be posted in the site in a conspicuous place and one copy shall be served in the manner prescribed in §1006 upon the permittee, or if none, upon the person whose name the site was last assessed for taxes as disclosed by the records of the Supervisor of Assessments. VOLUME LXXII SEPTEMBER 26, 2007 700 (d) In the enforcement of this ordinance, the Administrator or Director may bring any action, legal or equitable, including an action for injunctive relief, as they deem necessary. Section 902, entitled "Application fee", shall be amended to read as follows: The fee for filing an application for a variance shall be paid at the time of the application in accordance with the fee schedule established by this Chapter. Section 2. That Title 21, of the Elgin Municipal Code, 1976, as amended, entitled “Storm Water Management”, be and is hereby further amended by amending Section 21.01.030, entitled “Fees” to read as follows: A. Payable: The filing and application fees for site development permits, subdivision development permits or services for development set forth in this title shall be paid in addition to any other fees required by this code. B. Acreage Calculation: When calculating the acreage of a development for the purposes of determining the applicable fee under this section, the acreage shall be derived from the entire size of the parcel being developed, as differentiated from the acreage within the portion of the parcel on which the proposed improvements will be constructed. C. Cash Deposit: When a cash deposit is required as part of the filing and application fee for a site development permit, subdivision development permit or services for development set forth in this title, the city shall submit an invoice to the applicant upon the completion of any review or inspection. The city may utilize consulting firms to provide reviews and inspections and submit an invoice to the applicant for the consultant's fees plus the city's administrative costs. Reviews and inspections conducted by the city shall be billed at the rate of forty five dollars ($45.00) per hour and shall be included on any invoice submitted to the applicant. D. Fee Schedule: Sediment And Soil Erosion Control Single-family dwelling or development of 5 acres or less $250 Floodplain Single-family dwelling or development of 5 acres or less $250 SEPTEMBER 26, 2007 VOLUME LXXII 701 Storm Water Control Development of 3 acres or less Actual cost to review, permit and inspect, but not less than $500.00. Applicant shall make a cash deposit of 2 percent of engineer’s estimate of costs. The city shall draw from the applicant’s deposit as costs are incurred and submit an invoice for such costs to the applicant. Upon receiving an invoice, the applicant shall submit an additional cash deposit to the city to maintain the requisite 2 percent of the engineer’s estimate of costs. Development greater than 3 acres Actual cost to review, permit and inspect, but not less than $1,000.00. Applicant shall make a cash deposit of 2 percent of engineer’s estimate of costs. The city shall draw from the applicant’s deposit as costs are incurred and submit an invoice for such costs to the applicant. Upon receiving an invoice, the applicant shall submit an additional cash deposit to the city to maintain the requisite 2 percent of the engineer’s estimate of costs. Fee In Lieu Of Site Runoff Storage Any development, each acre-foot of storage or part thereof not provided $90,000.00 per acre-foot, with said fee increasing at the rate of six percent (6%) per annum beginning January 1, 2009 and on January 1st of each successive year. Commercial redevelopment or industrial $60,000.00 per acre-foot, with said fee Development greater than 5 acres Actual cost to review, permit and inspect, but not less than $1,000.00. Applicant shall make a cash deposit of 2 percent of engineer’s estimate of costs. The city shall draw from the applicant’s deposit as costs are incurred and submit an invoice for such costs to the applicant. Upon receiving an invoice, the applicant shall submit an additional cash deposit to the city to maintain the requisite 2 percent of the engineer’s estimate of costs. VOLUME LXXII SEPTEMBER 26, 2007 702 redevelopment, each acre-foot of storage or part thereof not provided increasing at the rate of six percent (6%) per annum beginning January 1, 2009 and on January 1st of each successive year. Application for a variance $200.00 Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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: September 26, 2007 Passed: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 27, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G56-07 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G56-07 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 Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, entitled “Tow Away Zones; Parking Lots:” be and is hereby further amended by adding to Section 11.60.208A the following: SEPTEMBER 26, 2007 VOLUME LXXII 703 “Fulton Street Parking Deck: Located at the east side of Fulton Street between Prairie and Villa Streets” Section 2. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050O the following: “Erie Street – South – In front of the double gate entrance to the Larkin High School Athletic Fields” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Passed: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 27, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T34-07 PASSED ALLOCATING THE COSTS OF CERTAIN SANITARY SEWER AND WATER IMPROVEMENTS TO BENEFITED PROPERTIES (TEAL AVENUE) Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII SEPTEMBER 26, 2007 704 Ordinance No. T34-07 AN ORDINANCE ALLOCATING THE COSTS OF CERTAIN SANITARY SEWER AND WATER IMPROVEMENTS TO BENEFITED PROPERTIES (TEAL AVENUE) WHEREAS, Casiano Lara (hereinafter referred to as the “Developer”) has caused certain sanitary sewer and water improvements to be made as depicted on Exhibit A attached hereto (hereinafter collectively referred to as the “Subject Sanitary Sewer and Water Improvements” and separately as the "Subject Sanitary Sewer Improvements" and the "Subject Water Improvements"); and WHEREAS, the construction of the Subject Sanitary Sewer and Water Improvements makes the Subject Sanitary Sewer and Water Improvements accessible to certain nearby properties and thereby benefits said properties; and WHEREAS, it is reasonable to require owners of property nearby the Subject Sanitary Sewer and Water Improvements to bear a proportionate cost of the Subject Sanitary Sewer and Water Improvements in the event that said owners desire to connect to and use the Subject Sanitary Sewer and Water Improvements; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of the Subject Sanitary Sewer and Water Improvements and the allocation of the costs of the Subject Sanitary Sewer and Water Improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City of Elgin has previously adopted Title 22 of the Elgin Municipal Code, 1976, as amended, entitled “Sanitary Sewer Reimbursement” which provides for procedures relating to sanitary sewer reimbursement regulations; and WHEREAS, the Developer and City are desirous of entering into this agreement to provide for the fair and allocable recapture by Developer of the proportionate cost of the Subject Sewer and Water Improvements as more fully set forth below; and WHEREAS, a listing of all benefited properties which benefit from the Subject Water Improvements is attached hereto as Exhibit B (hereinafter referred to as the "Subject Properties Benefited by the Subject Water Improvements"); and WHEREAS, a listing of all of the benefited properties which benefit from the Subject Sanitary Sewer Improvements is attached hereto as Exhibit B-1 (hereinafter referred to as the "Subject Properties Benefited by the Subject Sanitary Sewer Improvements"); and SEPTEMBER 26, 2007 VOLUME LXXII 705 WHEREAS, the total Project Cost of the Subject Sanitary Sewer and Water Improvements is broken down as follows, the Subject Water Improvements $81,767.87, the Subject Sanitary Sewer Improvements $45,523.88 for a total of $124,291.75, which is the amount allocated to the benefited properties as more fully described in Exhibit C attached hereto; and WHEREAS, the City Council of the City of Elgin hereby finds that the fair proportionate share of the costs of the Subject Sanitary Sewer and Water Improvements to the benefited properties by the availability of such Subject Sanitary Sewer and Water Improvements should be $5,840.56 for each of the 14 Subject Properties Benefited by the Subject Water Improvements and should be $15,174.63 for each of the three Subject Properties Benefited by the Subject Sanitary Sewer Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That terms used in this ordinance shall be defined as used and defined in Title 22 of the Elgin Municipal Code, 1976, as amended. Section 2. That the owner of any of the fourteen (14) of the Subject Properties Benefited by the Water Improvements identified in Exhibit B attached hereto and made a part hereof who desires to connect to or use the Subject Water Main Improvements shall pay to the Developer the amount allocated as a fair proportion share of the cost of the Subject Water Improvements being the amount of $5,840.56 for each of the fourteen (14) subject properties benefited by the Subject Water Improvements. Said fee shall be in addition to any and all other fees established by the City of Elgin for water services and/or sanitary sewer services. No property listed in Exhibit B that will be connected to the Subject Water Improvements, shall be annexed into the City of Elgin or shall be issued a building permit or otherwise permitted to connect to or otherwise use the Subject Water Improvements until such time as payment is made to the Developer in an amount equal to such property’s proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a subject benefited property. Section 3. That the owner of any of the three Subject Properties Benefited by the Subject Sanitary Sewer Improvements identified in Exhibit B-1 attached hereto and made a part hereof who desires to connect to and use the Subject Sanitary Sewer Improvements shall pay to the Developer the amount allocated as a fair proportionate share of the costs of the sanitary sewer improvements being the amount of $15,174.63 for each of the Subject Properties Benefited by the Subject Sanitary Sewer Improvements. Said fee shall be in addition to any and all other fees established by the City of Elgin for water and/or sanitary sewer services. No property listed in Exhibit B-1 that will be connected to the Subject Sanitary Sewer Improvements, shall be annexed into the City of Elgin or shall be issued a building permit or otherwise be permitted to connect to or otherwise use the Subject Sanitary Sewer Improvements until such time as payment is made to the Developer in an amount equal to such property's proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment VOLUME LXXII SEPTEMBER 26, 2007 706 in the form approved by the city upon the payment of reimbursement from the owner of a subject benefited property. Section 4. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 5. That any person desiring to connect to the Subject Sanitary Sewer or Water Improvements may pay the amount allocated without interest if payment is made prior to November 30, 2007. If full payment is not made prior to November 30, 2007, then payment shall be made in full plus interest at the rate of eight percent (8%) per annum accruing from December 1, 2007, until the date of payment. Section 6. Notwithstanding anything to the contrary herein, any obligations of the City of Elgin under this recapture ordinance shall be non-recourse to the City of Elgin, and the City of Elgin shall not be responsible in the event there is no development of the property or properties contemplated to be benefited by the improvements referred to herein or the recapture fees provided for herein are otherwise uncollected for any reason. Section 7. That a certified copy of this ordinance shall be recorded by the City at Developer’s cost with the Recorder of Deeds, Kane County, Illinois. Section 8. That this ordinance shall be in full force and effect from and after is passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Passed: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 27, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk SEPTEMBER 26, 2007 VOLUME LXXII 707 RESOLUTION 07-243 ADOPTED CHANGING THE NAME OF “RUMFORD BOULEVARD” WITHIN THE REMINGTON AT PROVIDENCE SUBDIVISION TO “RUMSFORD BOULEVARD” Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-243 A RESOLUTION CHANGING THE NAME OF “RUMFORD BOULEVARD” WITHIN THE “REMINGTON AT PROVIDENCE” SUBDIVISION TO “RUMSFORD BOULEVARD” BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the public street known as “Rumford Boulevard,” as designated adjacent to lots 11 and 12; lots 75 through 86, inclusive; and parcels 2, 3 and 4, within the final plat of subdivision for the residential development commonly referred to as “Remington at Providence,” as recorded with the Kane County Recorder on 16 November 2004 as Document No. 2004K148557, be and the same is hereby designated and renamed “Rumsford Boulevard.” BE IT FURTHER RESOLVED that all city signs and maps shall be altered to read “Rumsford Boulevard” at the aforesaid locations. BE IT FURTHER RESOLVED that the city clerk is hereby authorized and directed to give written notice by certified or registered mail to the election authorities having jurisdiction in the area in which the street name is hereby changed and to the United States Post Office branch serving said area. BE IT FURTHER RESOLVED that the resolution shall be in effect thirty (30) days after notice is provided to the election authorities and the Unites States Post Office as provided herein. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII SEPTEMBER 26, 2007 708 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Telecommunications Tax for June 2007 Elgin Heritage Commission Meeting Minutes for June 26, 2007, and August 7, 2007 Human Relations Commission Meeting Minutes for August 7, 2007 Parks and Recreation Advisory Board Meeting Minutes for July 31, 2007 Zoning and Subdivision Hearing Board Meeting Minutes for August 15, 2007 Committee of the Whole Minutes for August 22, 2007 City Council Minutes for August 22, 2007 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act Pending, or Probable or Imminent Litigation Against, Affecting, or on Behalf of the Public Body Before a Court or Administrative Tribunal - Exempt Under Section 120/2(c)(11) of the Open Meetings Act Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) of the Open Meetings Act The meeting adjourned at 8:55 p.m. s/Jennifer Quinton October 10, 2007 Jennifer Quinton, Deputy City Clerk Date Approved