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HomeMy WebLinkAboutv - November 28, 2007 CC808 VOLUME LXXII NOVEMBER 28, 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 November 28, 2007, in the Council Chambers. The meeting was called to order by City Clerk Robertson at 7:15 p.m. The invocation was given by Ms. Gretchen Vapnar from the Community Crisis Center and the Pledge of Allegiance was led by Councilmember Michael Powers. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Absent: Mayor Schock. APPOINTMENT OF MAYOR PRO TEM Councilmember Walters made a motion, seconded by Councilmember Figueroa, to appoint Councilmember Gilliam as Mayor Pro Tem. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. MINUTES OF THE NOVEMBER 14, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the November 14, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. RECOGNIZE PERSONS PRESENT George Irizarry, as a representative of the Elgin Latino Political Action Team, expressed concerns about the seven proposals being presented by the Association for Legal Americans. Betsy Couture of Northeast Neighborhood Association extended an invitation for everyone to attend the Homes for the Holidays event. Arturo Zumudio, Casa Blanca Realtors, expressed his concerns about the immigration issue and the negative effect it could potentially have on the City of Elgin. NOVEMBER 28, 2007 VOLUME LXXII 809 BID 07-102 AWARDED TO MARK KRESMERY CONSTRUCTION LLC FOR RIVERSIDE WATER TREATMENT PLANT RESERVOIR PIPING REVISIONS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Mark Kremery Construction L.L.C. for the Riverside Water Treatment Plant Reservoir Piping revisions in the amount of $386,534. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. PUBLIC HEARING REGARDING A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT; PROPERTY LOCATED AT 1300 AND 1301 US ROUTE 20; BY PINGREE CREEK, LLC, AS APPLICANT AND OWNER (PETITION 28-07) The public hearing was declared open. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to continue the public hearing for Petition 28-07 until the City Council meeting to be held on December 19, 2007. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. PUBLIC HEARING REGARDING A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT, AND AMENDMENTS TO THE PLANNED DISTRICT ORDINANCES TO INTRODUCE ADDITIONAL BUILDING ELEVATIONS AND FLOOR PLANS IN THE WEST POINT GARDENS SUBDIVISION; PROPERTY LOCATED AT 100 NESLER ROAD; BY WEST POINT BUILDERS & DEVELOPERS, INC., AS APPLICANT, AND NESLER ROAD LIMITED PARTNERSHIP, AS OWNER (PETITION 61-07) The public hearing was declared open. Councilmember Kaptain made a motion, seconded by Councilmember Walters, to continue the public hearing for Petition 61-07 until the next City Council meeting to be held on December 5, 2007. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. PETITION 61-07 APPROVED REQUESTING APPROVAL OF A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT, AND AMENDMENTS TO THE PLANNED DISTRICT ORDINANCES TO INTRODUCE ADDITIONAL BUILDING ELEVATIONS AND FLOOR PLANS IN THE WEST POINT GARDENS SUBDIVISION; PROPERTY LOCATED AT 100 NESLER ROAD; BY WEST POINT BUILDERS & DEVELOPERS, INC., AS APPLICANT, AND NESLER ROAD LIMITED PARTNERSHIP, AS OWNER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to continue Petition 61-07 until the next City Council meeting to be held on December 5, 2007. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. VOLUME LXXII NOVEMBER 28, 2007 810 PETITION 69-07 APPROVED REQUESTING A VARIATION OF SECTION 203(H)(1) OF THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE WHICH ESTABLISHES A MINIMUM FREEBOARD OF TWO FEET (2’) ABOVE THE BASE FLOOD ELEVATION AROUND THE PERIMETER OF A DETENTION FACILITY; PROPERTY LOCATED AT 3750 AND 3751 WEST HIGHLAND AVENUE, BY BIG TIMBER ELGIN, INC., AS APPLICANT AND OWNER Community Development Director Deering stated the developer has requested to lower the rim of the detention pond in order to capture runoff from additional areas. The Planning and Development Commission and the City Engineer have recommended approval of this petition subject to conditions. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve Petition 69-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. PETITION 70-07 APPROVED REQUESTING APPROVAL OF A COMMERCIAL PLANNED DEVELOPMENT PURSUANT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G114-06, AND THE REQUIREMENTS OF THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 1000 SOUTH RANDALL ROAD, BY ENDEAVOR REAL ESTATE GROUP AND THE CITY OF ELGIN, AS APPLICANTS, AND WAL-MART STORES, INC., A DELAWARE CORPORATION, (“WAL-MART”), SAM’S REAL ESTATE BUSINESS TRUST, A DELAWARE STATUTORY TRUST (“SREBT”), AND SAM’S WEST, INC., AN ARKANSAS CORPORATION, AS OWNERS Community Development Director Deering stated this is the future site of a J.C. Penny store. The Planning and Development Commission has recommended approval of this petition subject to conditions. Mr. Parker, representing the development, stated that the opening of the store is anticipated to be the fall of 2009 or the spring of 2010. Councilmember Walters made a motion, seconded by Councilmember Powers, to approve Petition 70-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Walters made a motion, seconded by Councilmember Kaptain, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. NOVEMBER 28, 2007 VOLUME LXXII 811 PAYEE AMOUNT REASON Elgin Community College Elgin, IL $14,191.00 Paramedic Training I & II for 10 students REMOVAL OF RESOLUTION NOS. 07-289 AND 07-290 FROM THE CONSENT AGENDA Councilmember Walters made a motion, seconded by Councilmember Figueroa, to remove Resolution Nos. 07-289 and 07-290 from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to table Resolution Nos. 07-289 and 07-290. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. T36-07 and adopt Resolution Nos. 07-275 through 07-293 (except Resolution Nos. 07-289 and 07-290) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. RESOLUTION 07-275 ADOPTED ESTIMATING AMOUNT NECESSARY TO BE RAISED BY TAXATION FOR THE YEAR 2007 UPON TAXABLE PROPERTY IN THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-275 RESOLUTION ESTIMATING AMOUNT NECESSARY TO BE RAISED BY TAXATION FOR THE YEAR 2007 UPON TAXABLE PROPERTY IN THE CITY OF ELGIN WHEREAS, the Truth in Taxation Law at 35 ILCS 200/18-55, et seq., provides in part that prior to the adoption of its aggregate levy, hereinafter referred to as “levy”, the corporate authority of each taxing district shall determine the amounts of money, exclusive of any portion of that levy attributable to costs of conducting an election required by the general election law, hereinafter referred to as “Election Costs” estimated to be necessary to be raised by taxation for that year upon the taxable property in its district; and VOLUME LXXII NOVEMBER 28, 2007 812 WHEREAS, the Truth in Taxation Law further provides in part that if the estimate of the corporate authority is more than 105% of the amount extended or estimated to be extended, plus any amount abated by the corporate authority prior to extension, upon the final aggregate levy of the preceding year, exclusive of Election Costs, the corporate authority shall give public notice of and hold a public hearing of its intent to adopt an aggregate levy in an amount which is more than 105% of the amount extended or estimated to be extended upon the final aggregate levy extensions, plus any amount abated, exclusive of Election Costs, for the preceding year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That the city council of the City of Elgin being the corporate authority of the City of Elgin hereby determines that the amount of money, exclusive of any portion of the 2007 levy attributable to Election Costs, estimated to be necessary to be raised by taxation for the year 2007 upon the taxable property in the City of Elgin is in the amount of $44,338,500. 2. That the amount estimated to be necessary to be raised by taxation for the year 2007 upon taxable property in the City of Elgin being more than 105% of the amount of the 2006 property tax levy, a truth in taxation hearing pursuant to 35 ILCS 200/18-70 shall be held by the city council of the City of Elgin on Wednesday, December 5, 2007, at 7:00 p.m. in the city council chambers at city hall at 150 Dexter Court, Elgin, Illinois. The city’s fiscal services group director shall cause notice of such public hearing to be published at a time and in form and manner as required by law. 3. That this resolution shall be in full force and effect upon its passage. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk NOVEMBER 28, 2007 VOLUME LXXII 813 RESOLUTION 07-276 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN MACKENZIE WOODS SUBDIVISION Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-276 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN MACKENZIE WOODS SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the underground improvements, which include 1,220 lineal feet of 12” water main, 4-12” valves, 4 fire hydrants, 1520 lineal feet of 8” sanitary sewer and 8 sanitary manholes in Mackenzie Woods Subdivision. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-277 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS ON NESLER ROAD BY WEST POINT BUILDERS Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. VOLUME LXXII NOVEMBER 28, 2007 814 Resolution No. 07-277 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS ON NESLER ROAD BY WEST POINT BUILDERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the underground/surface improvements, which include approximately 4,180 lineal feet of two lane rural highway, 630 lineal feet of 15” storm sewer, 50 lineal feet of 18” storm sewer, four flared end sections, one special design storm inlet, grass ditches, seven street signs and appurtenances to the city maintained facilities on Nesler Road by West Point Builders. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-278 ADOPTED APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH BRANDENBURG INDUSTRIAL SERVICES FOR DEMOLITION OF VARIOUS CITY OWNED BUILDINGS Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-278 RESOLUTION APPROVING CHANGE ORDER NO. 3 AND FINAL IN THE CONTRACT WITH BRANDENBURG INDUSTRIAL SERVICES FOR DEMOLITION OF VARIOUS CITY OWNED BUILDINGS WHEREAS, the City of Elgin has heretofore entered into a contract with Brandenburg Industrial Services, for demolition of various city owned buildings; and NOVEMBER 28, 2007 VOLUME LXXII 815 WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 3 and Final, attached hereto. NOW, THEREFORE, 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 execute Change Order No. 3 and Final, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-279 ADOPTED APPROVING THE AMENDED ARTICLES OF AGREEMENT OF THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-279 RESOLUTION APPROVING THE AMENDED ARTICLES OF AGREEMENT OF THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby approves the amended Articles of Agreement of the Northern Illinois Special Recreation Association, copies of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem VOLUME LXXII NOVEMBER 28, 2007 816 Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-280 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE AGREEMENT WITH THE GAIL BORDEN PUBLIC LIBRARY RELATING TO THE BRANCH LIBRARY SITE AND THE VETERANS MEMORIAL SITE Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-280 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE AGREEMENT WITH THE GAIL BORDEN PUBLIC LIBRARY RELATING TO THE BRANCH LIBRARY SITE AND THE VETERANS MEMORIAL SITE 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 Agreement on behalf of the City of Elgin with the Gail Borden Public Library, relating to the branch library site and the Veterans Memorial Site, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk NOVEMBER 28, 2007 VOLUME LXXII 817 RESOLUTION 07-281 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT (PORTION OF 646 WING STREET) Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-281 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (Portion of 646 Wing 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 Lucio Garnica, Guadalaupe Orta Lara and Lara Loza, for the purchase of a portion of the property commonly known as 646 Wing Street consisting of 0.012 acres more or less, Elgin, for $15,000, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-282 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CIVIC PLUS, INC. FOR THE PURCHASE OF WEBSITE DESIGN AND HOSTING Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. VOLUME LXXII NOVEMBER 28, 2007 818 Resolution No. 07-282 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CIVIC PLUS, INC. FOR THE PURCHASE OF WEBSITE DESIGN AND HOSTING 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 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 Civic Plus, Inc. for the purchase of website design and hosting, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-283 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. FOR WATER DEPARTMENT BACKUP POWER PROJECT Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-283 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. FOR WATER DEPARTMENT BACKUP POWER 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 NOVEMBER 28, 2007 VOLUME LXXII 819 authorized and directed to execute Amendment No. 1 to the engineering services agreement with Rezek, Henry, Meisenheimer and Gende, Inc., for the Water Department backup power project, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-284 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. (LIME RESIDUE DISPOSAL MAIN PROJECT) Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-284 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. (Lime Residue Disposal Main 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 authorized and directed to execute a First Amendment Agreement on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for the Lime Residue Disposal Main Project, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem VOLUME LXXII NOVEMBER 28, 2007 820 Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-285 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. (LIME RESIDUE DISPOSAL MAIN PROJECT) Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-285 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. (Lime Residue Disposal Main 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 authorized and directed to execute a Second Amendment Agreement on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for the Lime Residue Disposal Main Project, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk NOVEMBER 28, 2007 VOLUME LXXII 821 RESOLUTION 07-286 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH MORSE ENERGY, L.L.P. FOR THE RIVERSIDE TREATMENT PLANT AND SLADE AVENUE FACILITY BACKUP POWER PROJECT Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-286 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH MORSE ENERGY, L.L.P. FOR THE RIVERSIDE TREATMENT PLANT AND SLADE AVENUE FACILITY BACKUP POWER PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Morse Energy, L.L.P. for the Riverside Treatment Plant and Slade Avenue Facility Backup Power Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. NOW, THEREFORE, 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 execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk VOLUME LXXII NOVEMBER 28, 2007 822 RESOLUTION 07-287 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-287 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert Gilliam be and is hereby appointed as a member of the Housing Authority of Elgin, for a term to expire December 12, 2012. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Carol Medal (Gail Borden Public Library) be and is hereby appointed as a member of the Veterans Memorial Committee. BE IT FURTHER RESOLVED that Ray R. Diehl be and is hereby reappointed as a member of the Board of Examiners of Stationary Engineers, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Carol Spoden be and is hereby reappointed as a member of the Board of Health, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Dr. Franz Stockman be and is hereby reappointed as a member of the Board of Health, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Edward Whitcomb be and is hereby reappointed as a member of the Board of Health, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Carl Brahms be and is hereby appointed as a member of the Cultural arts Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Margaret “Peggy” Stromberg be and is hereby reappointed as a member of the Elgin Area Convention & Visitors Bureau, for a term to expire December 31, 2008. BE IT FURTHER RESOLVED that Sean Stegall be and is hereby reappointed as a member of the Elgin Area Convention & Visitors Bureau, for a term to expire December 31, 2009. BE IT FURTHER RESOLVED that Wellesley Scott Jr. be and is hereby reappointed as a member of the Human Relations Commission, for a term to expire May 1, 2010. NOVEMBER 28, 2007 VOLUME LXXII 823 BE IT FURTHER RESOLVED that Jay Cox be and is hereby appointed as a member of the Zoning & Subdivision Hearing Board, for a term to expire July 1, 2008. BE IT FURTHER RESOLVED that Loretta Revesz be and is hereby appointed as a member of the Zoning & Subdivision Hearing Board, for a term to expire July 1, 2010. __s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk ORDINANCE T36-07 PASSED ESTABLISHING A STREET GANG PREVENTION AND INTERVENTION COMMITTEE Councilmember Walters made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Ordinance No. T36-07 AN ORDINANCE ESTABLISHING A STREET GANG PREVENTION AND INTERVENTION COMMITTEE WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council has determined that it is necessary and desirable to provide for a new special temporary advisory committee to assist and advise the City Council regarding a comprehensive street gang prevention and intervention program for the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXII NOVEMBER 28, 2007 824 Section 1. Street Gang Prevention and Intervention Committee Created. There is hereby created the Street Gang Prevention and Intervention Committee for the purpose of advising, assisting and recommending policies to the City of Elgin regarding a comprehensive street gang prevention and intervention program for the City of Elgin. Section 2. Membership. A. The Special Comprehensive Street Gang Prevention and Intervention Committee shall be comprised of thirteen (13) members to be appointed by the City Council. Each member shall serve for an indefinite term. The City Council may at any time appoint successor members to the committee to replace then current members or to fill vacancies. B. Two (2) members of the committee shall be members of the City Council, one (1) member shall be a representative from the City Manager’s Office, one (1) member shall be the Chief of Police or the Chief of Police’s designee, one (1) member shall be a member of a neighborhood association, one (1) member shall be a representative from School District U-46, one (1) member shall be a representative of the United Way of Elgin, one (1) member shall be a representative representing parent groups, three (3) members shall be from community organizations and two (2) members shall be from the clergy. Section 3. Meetings. Members of the Street Gang Prevention and Intervention Committee shall meet as soon as practical and shall establish regular meeting dates and times which shall not be less than four (4) times annually. The Street Gang Prevention and Intervention Committee may establish rules regarding the conduct at meetings and where not otherwise provided Roberts Rules of Order, Newly Revised, shall apply. Minutes shall be taken at all meetings. All meetings shall be conducted in accordance with the Open Meetings Act. Section 4. Staff. The City Manager, from time to time, in his direction shall make available the service of the City’s professional staff to aid and cooperate with the Street Gang Prevention and Intervention Committee in carrying out its responsibilities. Section 5. Powers and Duties. The Street Gang Prevention and Intervention Committee shall have the power and duty to evaluate and advise the City Council regarding all aspects of a NOVEMBER 28, 2007 VOLUME LXXII 825 proposed comprehensive street gang prevention and intervention program for the City of Elgin including but not limited to: A. Meet with the leadership amongst the City’s police, school, clergy and community organizations. B. Conduct an inventory of current resources for street gang intervention and prevention including programs offered by the City, schools and local agencies. C. Receive community input and recommendations as to how the City of Elgin can best address the street gang issues and reduce street gang violence in the City of Elgin. D. Prepare a proposed Comprehensive Street Gang Prevention and Intervention Program for the City of Elgin. E. Prepare and submit to the City Council a final report and recommendations regarding a Comprehensive Street Gang Prevention and Intervention Program for the City of Elgin. Such final report shall be presented to the City Council no later than March 2008. Section 6. Dissolution of Committee. The Street Gang Prevention and Intervention Committee shall automatically be dissolved upon the submittal of the final report and recommendations to the City Council no later than March 2008 unless the City Council takes further action to extend or recreate the committee. 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 from and after its passage in the manner provided by law. _s/ Robert Gilliam ___ Robert Gilliam, Mayor Pro Tem VOLUME LXXII NOVEMBER 28, 2007 826 Presented: November 28, 2007 Passed: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: November 29, 2007 Published: Attest: _s/ Diane Robertson ______ Diane Robertson, City Clerk RESOLUTION 07-288 ADOPTED APPOINTING MEMBERS TO THE STREET GANG PREVENTION AND INTERVENTION COMMITTEE Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-288 RESOLUTION APPOINTING MEMBERS TO THE STREET GANG PREVENTION AND INTERVENTION COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following persons be and are hereby appointed as members of the Comprehensive Street Gang Prevention and Intervention Program Committee: Juan Figueroa (City Council Member) Robert Gilliam (City Council Member) Sean Stegall (Representative from City Manager’s Office) Lisa Womack (Chief of Police) Fran Cella (Representative of neighborhood organization) Dr. Ernest Gonzalez (Representative of School District U-46) Lynn Bosley (Representative of United Way of Elgin) Sean Whiteman (Representative of parent groups) George Irizarry (Representative of community organizations and Chairman) Thomas Phao Pravongvienkham (Representative of community organizations) Tami Latinwo (Representative of community organizations) Nathaniel Edmonds (Representative of clergy) Pastor Bill Warren (Representative of clergy) _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem NOVEMBER 28, 2007 VOLUME LXXII 827 Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-291 ADOPTED APPROVING FINAL PLAT FOR PROVIDENCE- UNIT 3D (3201 WATER ROAD) Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-291 RESOLUTION APPROVING FINAL PLAT FOR PROVIDENCE – UNIT 3D (3201 Water Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd., dated March 21, 2007 and last revised July 3, 2007 for Providence – Unit 3D. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk VOLUME LXXII NOVEMBER 28, 2007 828 RESOLUTION 07-292 ADOPTED APPROVING FINAL PLAT FOR HIGHLAND WOODS – NEIGHBORHOOD “J” (3660 HIGHLAND WOODS BOULEVARD) Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Resolution No. 07-292 RESOLUTION APPROVING FINAL PLAT FOR HIGHLAND WOODS – NEIGHBORHOOD “J” (3660 Highland Woods Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd., dated May 16, 2005 and last revised August 7, 2007 for Highland Woods – Neighborhood “J”. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk RESOLUTION 07-293 ADOPTED APPROVING FINAL PLAT FOR CEDAR GROVE SUBDIVISION (901 CORRON ROAD) Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. NOVEMBER 28, 2007 VOLUME LXXII 829 Resolution No. 07-293 RESOLUTION APPROVING FINAL PLAT FOR CEDAR GROVE SUBDIVISION (901 Corron Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Thomson Surveying, Ltd., dated January 30, 2007 and last revised November 16, 2007 for Cedar Grove Subdivision. _s/ Robert Gilliam________________ Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: _s/ Diane Robertson______ Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. Cultural Arts Commission Minutes for October 6, 2007 Emergency Telephone System Board Minutes for October 18, 2007 Golf Leadership Team Minutes for March 22, 2007 Heritage Commission Minutes for October 2, 2007 Planning and Development Minutes for October 1, 2007 Committee of the Whole Minutes for October 22, 2007, and October 24, 2007 City Council Minutes for October 24, 2007 Disbursement Report ANNOUNCEMENTS Mayor Pro Tem Gilliam announced forthcoming meetings. VOLUME LXXII NOVEMBER 28, 2007 830 ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: None. The meeting adjourned at 7:33 p.m. s/Diane Robertson December 5, 2007 Diane Robertson, City Clerk Date Approved