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HomeMy WebLinkAbouth - April 23, 2008 CC 244 APRIL 23, 2008 VOLUME LXXIII 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 April 23, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Ms. Ina Dews, and the Pledge of Allegiance was led by Councilmember Gilliam. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE APRIL 9, 2008, COUNCIL MEETING APPROVED AS AMENDED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the April 9, 2008, Council Meeting Minutes as amended. Councilmember Steffen stated there was an error in the roll call vote for Resolution 08-102. The minutes reflect that Councilmembers Kaptain and Steffen voted “no” when, in fact, they abstained from voting. The minutes will be corrected and upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember Gilliam abstained due to his absence at that meeting. COMMUNICATIONS Proclamation Recognizing the 35th Anniversary of Bob Gilliam’s Service to City Mayor Schock read a proclamation recognizing the thirty-fifth anniversary of Councilmember Gilliam’s service to the City. Councilmember Gilliam’s family joined him at the podium and he thanked everyone for their continued support. Proclamation Recognizing Arbor Day Mayor Schock read a proclamation recognizing April 25, 2008, as Arbor Day in the City of Elgin. Dan Larsen of the Forestry Department accepted the proclamation and announced that the City of Elgin has been recognized by the National Arbor Day Foundation as a Tree City for the eighteenth consecutive year, putting Elgin in the top 20% of Illinois communities that have received this award for that many years. VOLUME LXXIII APRIL 23, 2008 245 RECOGNIZE PERSONS PRESENT Art Richoz requested that the Combat Infantryman’s Badge be a part of the Veterans Memorial Park. Carle Missele expressed his concerns about potential problems with detention ponds and storm sewer inlets from the surrounding streets. Councilmember Kaptain commented that he would like to see staff review the City’s policies as to how to deal with this issue. John Collins stated that Mrs. Kelly is upset that she has not heard anything from the Council. He also said that, at the last meeting, he heard someone wondering why he continued to speak on the flooding issue and that anyone was invited to talk with him. Judy Rodnett expressed her concerns about crime in the Southwest Area Neighborhood area. The Mayor commented that crime in Elgin had decreased by 40% of the last ten years and that of the twelve largest cities in Illinois. Elgin has the second lowest crime rate. Martha Rodriguez & Anna Garcia, representing the Downtown Neighborhood Association, invited everyone to attend the Cinco de Mayo Festival that will be held May 1 through May 4. Charlene Sligting, representing the Southwest Area Neighborhood, expressed her concerns about smoke shops and how they could be licensed. She also expressed appreciation to RuthAnne Hall for her past assistance. Tannis Ashworth, representing homeowners in Tuscan Woods, expressed concerns about changes in the Tuscan Woods development and what is now being offered by Ryland Homes. Councilmember Gilliam asked if Ryland Homes can change their lot sizes or their building requirements without the City’s permission. Corporation Counsel Cogley said he will have to review the agreement and the materials submitted this evening. Councilmember Figueroa concurred with Councilmember Gilliam and asked Mr. Cogley to report back to the Council with his findings. BID 07-045A AWARDED TO THOMPSON ELEVATOR INSPECTION SERVICES FOR CONTRACTED ELEVATOR INSPECTIONS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Thompson Elevator Inspection Services for the elevator inspection program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. APRIL 23, 2008 VOLUME LXXIII 246 BID 08-007 AWARDED TO MARC KRESMERY CONSTRUCTION LLC FOR CONSTRUCTION OF THE BOWES ROAD BOOSTER PUMP STATION MODIFICATIONS Councilmember Kaptain made a motion, seconded by Councilmember Powers, to award a contract to Marc Kresmery Construction LLC in the amount of $153,095 for construction of the Bowes Road Booster Pump Station modifications. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-012 AWARDED TO RYAN CENTRAL INCORPORATED FOR THE CONSTRUCTION OF THE FINAL NINE HOLES OF GOLF AT THE HIGHLANDS OF ELGIN (PHASE II OF THE HIGHLANDS GOLF COURSE CONSTRUCTION PROJECT) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to award a contract to Ryan Central Incorporated in the amount of $3,505,340 for the construction of the final nine holes of golf at the Highlands of Elgin. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-013 AWARDED TO RYAN CENTRAL INCORPORATED FOR THE ACQUISITION OF TOP SOIL IN CONJUNCTION WITH THE DEVELOPMENT OF PHASE II IF THE HIGHLANDS GOLF COURSE CONSTRUCTION PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Ryan Central Incorporated in the amount of $1,165,300 for the acquisition of top soil in conjunction with the development of the final nine holes of golf at the Highlands of Elgin. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-017 AWARDED TO GOLD MEDAL CHICAGO AND FOX RIVER FOODS FOR THE PURCHASE OF CONCESSION ITEMS FOR PARKS AND RECREATION DEPARTMENT Councilmember Powers made a motion, seconded by Councilmember Walters, to award contracts to Gold Medal Chicago in the amount of $23,700, and Fox River Foods in the amount of $37,100 for the purchase of concession items for the Parks and Recreation Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII APRIL 23, 2008 247 08-025 AWARDED TO FREEWAY FORD FOR THE PURCHASE OF SIX ONE-TON DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Freeway Ford in the amount of $369,839 for the purchase of six one-ton dump trucks with snow plows and ice control equipment for the Public Works Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. 08-026 AWARDED TO MARC KRESMERY CONSTRUCTION LLC FOR THE REPLACEMENT OF TWO VALVES, ONE FLOWMETER, AND REPAIR SERVICE OF ANOTHER VALVE AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to award a contract to Marc Kresmery Construction LLC in the amount of $119,200 for the replacement of two valves, one flowmeter, and repair service of another valve at the Riverside Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. 08-028 AWARDED TO GRAND CONCERT SOUND FOR PROVIDING SOUND SYSTEMS AND RELATED EQUIPMENT FOR ELGIN’S FOX FIRE FEST Councilmember Walters made a motion, seconded by Councilmember Steffen, to award a contract to Grand Concert Sound in the amount of $35,000 to provide sound systems and related equipment for Elgin’s 2008 Fox Fire Fest. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. CONTRACT RECONSIDERATION OF BID RESCINDING AWARD OF THE CONTRACT TO LANDMARK FORD ON MARCH 26, 2008, FOR THE PURCHASE OF THIRTEEN MARKED POLICE VEHICLES BID THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM AND AWARDING TO MORROW BROTHERS FORD AS THE CORRECT DEALER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to reconsider the contract for the purchase of thirteen marked police vehicles. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Morrow Brothers Ford in the amount of $297,155.06 and rescind the previously approved contract with Landmark Ford for $301,226.25 for the Purchse of 13 police vehicles. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. APRIL 23, 2008 VOLUME LXXIII 248 PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING AND PRELIMINARY PLAT FOR THE VILLA OLIVIA (RESIDENTIAL) PROPERTY; PROPERTY COMMONLY KNOWN AS 1901 VILLA STREET; BY RYLAND HOMES, AS APPLICANT AND VO-LAND, LLC, AS OWNER (PETITION 84- 06) By consensus, the public hearing for this item and the following item were consolidated. Mayor Schock declared the public hearing open and reviewed the rules. Jerry Deering stated that the applications provided for the redevelopment of the Villa Olivia complex. Application 84-06 provides for the redevelopment of the property for residential purposes. The Planning and Development Commission has recommended denial of this application. However, should the application be approved, the Commission recommended the inclusion of six conditions. The second petition is for the remaining portion of the villa Olivia complex which would be redeveloped for commercial purposes. The Planning and Development Commission has recommended denial of this application. However, should the application be approved, the Commission recommended the inclusion of six conditions. Peter Bazos appeared on behalf of the applicants. He described the redeveloped as including a total of 139 acres of which 128 would be for residential and 11 for commercial. He stated that 10 acres are already in Elgin and 129 are in Bartlett, and those are the subject of an on-going judicial disconnection proceeding. He described the project as bringing high-end growth and commercial growth to the far east side of Elgin. He stated that the developer would contribute their fair share to the cost of establishing a regional water pressure facility. He indicated the 11 acres of commercial property could contain up to 274,000 square feet of commercial businesses and 375 homes are being proposed for the residential portion. He stated this was a 70% reduction of the density that is currently allowed under Bartlett’s current zoning ordinance. The proposed average price for the townhomes would be in the mid- to upper $200,000s and for the single family homes in the mid $400,000s and above. Regarding the water pressure issue, Councilmember Walters asked if the developer had a number in mind. Mr. Bazos said they were will to contribute their fair share, although they did not have any figures. Councilmember Kaptain asked how this would open up other development. Mr. Bazos gave the Rolling Knolls development as an example. Councilmember Kaptain stated he did not feel this development acted as a bridge to anything else. Councilmember Kaptain asked Jennifer Mitchell of Metro Transportation why she had stated during a previous hearing that the traffic study was invalid. She stated that it was invalid in the context that there have been other developments and other roadway improvements since the conclusion of that study. VOLUME LXXIII APRIL 23, 2008 249 Councilmember Kaptain asked Ms. Mitchell to indicate the access points. He stated that the report indicated 500 cars per day would be going through the Castle Creek development and was that still anticipated. Ms. Mitchell said it was. Bryan Mroz, the attorney for the Village of Bartlett, requested that the City of Elgin defer any public hearing and consideration until adjudication is completed. He stated the restricted covenant precludes any development of the 96 acres in the heart of the proposed residential development until 2022 and that the trial court ruled that the covenant runs with the land. He also stated that any rulings on the appeals regarding the covenant and the disconnection issues would take approximately a year and a half. Mr. Mroz stated that he had reviewed the documents pertaining to the prior hearings and had found an updated traffic study. He stated this updated study had not been presented at the prior hearings. Mr. Mroz said that the Village of Bartlett questions the urgency of entering into the annexation agreement that would lock the City of Elgin into an agreement for fourteen years. He questioned that there were no contingency for changes and that the fiscal impact would not be valid fourteen years from now. Mr. Mroz distributed a report from MaRous & Company. Mr. Mroz quoted from the report that the redevelopment of the golf course would have a negative effect on the adjoining residential properties. He asked that the Council review this report before considering the annexation petitions. He then thanked the Council for their courtesy throughout the process. Mayor Schock asked that if the disconnection was upheld by the court, would not the same be true that the report would be diminished fourteen years from now. Mr. Mroz stated that the Village of Bartlett felt the property should be developed in Bartlett and that it should be consistent with the planned unit development plan. Mayor Schock repeated his question and Mr. Mroz stated that the impact would have to be reviewed at that time. Councilmember Kaptain asked if the study separated the homes already built in Bartlett from those in Elgin. Mr. Mroz said the conclusion was for both, but that it was primarily looking at the Bartlett on the Green subdivision. He said he would have to check for sure. Andrea Evensen spoke on behalf of the ad hoc Castle Creed Homeowners Association. She stated that five reasons had been presented at previous hearings. She said she wanted to touch on two of the reasons, the first being increased traffic and safety hazards. She indicated that with the addition of 375 new homes and the only corridor from Route 20 being through Castle Creek, it would have an impact on the subdivision. The second reason was aesthetics. The plan proposes 279 rear-loaded townhomes. These garages would be facing Castle Creek. She stated that some of these townhomes would be eighteen feet above the existing homes in Castle Creek and that this would look absurd. She did not feel that any landscaping would make this look better. She mentioned that the fiscal impact statement indicated there would be a loss of over one million dollars to District U-46 through 2012 and continued losses until 2016. She said it also indicated over a million dollar loss to the City of Elgin through 2017. She stated that new residents would be frequenting businesses in Bartlett or Streamwood because the area is disconnected from Elgin. She asked that, if the petitions were approved, the townhomes should APRIL 23, 2008 VOLUME LXXIII 250 be removed or reoriented, that larger green space be included between the townhomes and the Castle Creek development, and remove the roadway connecting Route 20 through Castle Creek. She requested that the petitions be denied. Councilmember Kaptain asked how man y persons of interest signed in to speak at the previous public hearings. Ms. Evensen thought there were over one hundred who had signed the petition. She thought this represented sixty homes. Frank Picha requested that the petitions be denied. He stated that he and his wife had bought their property based on information provided by Ryland that the street they lived on was in a quiet, residential area. He said that Ryland did not disclose their intentions for the new development and that their street would be the primary entrance into the new development. He stated that he felt the street could not handle the anticipated traffic. He asked that the Council deny the petitions. Julie Schmitt stated she is a resident of Elgin, but that she opposed the development based on the legal arguments of the Village of Bartlett. She asked why, as a taxpayer, subsidizing this project when the ROI showed nothing for the City. She also wanted to know how much money had already been spent on pursuing this project. Mr. Folarin stated that the developer pays for the review of the proposal up front. Ms. Schmitt said she felt she was subsidizing this process. Kevin Corry stated he had been to every hearing and has not heard one word of evidence that the Corrado family is losing money. Councilmember Steffen said that he was hoping there would be an agreement with the applicant to pay their appropriate share for the improvements for turn lanes off of Naperville Road. Ms. Mitchell clarified that there would be one northbound, left turn lane to the commercial site driveway off Naperville Road, not off of Route 20. She also stated that she believed that the developer was responsible for 100% of the lane improvements. Councilmember Steffen also asked that an additional condition be added to limit or cap the number of rental properties allowed in the townhome portion at no more than 30%. Mr. Bazos stated that would be acceptable to his client. Councilmember Walters asked about the area between the proposed townhomes and the existing homes. Mr. Bazos introduced Gary Weber who said this area would be bermed and that there would be heavy coverage and landscaping between the two areas. Councilmember Steffen asked what would happen to the ski hill and Mr. Bazos said it would be coming down. Councilmember Kaptain stated that he would like to postpone the vote because he is not comfortable with the amount of additional material. He said he was concerned about the new traffic study and does this affect the public hearing. Councilmember Gilliam asked how long he wanted the postponement. Councilmember Kaptain stated he was not sure and that he was concerned about a financial impact and this should be reviewed first. He said there could be a VOLUME LXXIII APRIL 23, 2008 251 million dollar impact on these property owners. Mayor Schock said that the traffic study is typically not required and that the developer was not required to submit one. They voluntarily submitted it. He also said that any loss of value attributed to the loss of the golf course is inevitable. It’s just a matter of when. He also said that Bartlett had approved higher densities. Mr. Mroz said no, that no density had been assigned to Area 3. Councilmember Figueroa stated that he agreed with Councilmember Kaptain regarding the additional information presented. He would like Corporation Counsel to review the additional material and report back to the Council. There being no additional questions or comments, Mayor Schock declared the public hearing closed. PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING, AND PRELIMINARY PLAT FOR THE VILLA OLIVIA (COMMERCIAL) PROPERTY; PROPERTY COMMONLY KNOWN AS 1951 VILLA STREET; BY VO- LAND, LLC, AS APPLICANT AND OWNER (PETITION 85-06) See previous item. PETITION 84-06 CONTINUED REQUESTING ANNEXATION, ZONING AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL SUBDIVISION; PROPERTY COMMONLY KNOWN AS 1901 VILLA STREET; BY RYLAND HOMES, AS APPLICANT AND VO-LAND, LLC, AS OWNER Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to continue the public hearing for Petition 84-06 to the May 14, 2008, City Council meeting. Councilmember Gilliam stated he had concerns about the additional information received and how the homeowners in Tuscan Woods were being treated. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: Councilmember Powers. PETITION 85-06 CONTINUED REQUESTING ANNEXATION, ZONING AND PRELIMINARY PLAT APPROVAL FOR A COMMERCIAL SUBDIVISION; PROPERTY COMMONLY KNOWN AS 1951 VILLA STREET; BY VO-LAND, LLC, AS APPLICANT AND OWNER Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to continue the public hearing for Petition 85-06 to the May 14, 2008, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: Councilmember Powers. APRIL 23, 2008 VOLUME LXXIII 252 ORDINANCE G19-08 PASSED RESERVING 2008 VOLUME CAP FOR PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. G19-08 AN ORDINANCE RESERVING 2008 VOLUME CAP FOR PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the “City”), is a City and a home rule unit of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and WHEREAS, according to an official Bureau of the Census population estimate set forth in the State of Illinois Allocation of Bonding Authority in Accordance with the Tax Reform Act of 1986 and the Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30 ILCS 345 of the Office of the Governor, effective January 1, 2008 (the “Guidelines and Procedures”), the most recent census estimate of resident population of the City is 101,903, providing the City with a volume cap of $8,661,755 for the year 2008; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the “Code”), provides that such volume cap may be reserved and allocated to certain tax-exempt private activity bonds; and WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled Statutes 2004, 345/1 et seq., (the “Act”), as supplemented and amended, and the Guidelines and Procedures, provide that a home rule unit of government may reserve its allocation of volume cap or may transfer its allocation of volume cap to any other home rule unit of government, the State of Illinois or any agency thereof or any non-home rule unit of government; and WHEREAS, it is now deemed necessary and desirable by the City to reserve its entire volume cap allocation for calendar year 2008 to be applied toward the issuance of private activity bonds, or to transfer such volume cap allocation, as permitted by this Ordinance; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That, pursuant to the power and authority granted by and under Section 6 of Article VII of the 1970 Constitution of the State of Illinois, Section 146 of the Code, the Act and the Guidelines and Procedures, the City hereby reserves volume cap in the principal amount of $8,661,755, which is all of the volume cap of the City for the year 2008. Such volume cap shall VOLUME LXXIII APRIL 23, 2008 253 be applied toward the issuance of private activity bonds or shall be transferred as directed by the Mayor or any other proper officer or employee of the City without any further action required on the part of the City, and the adoption of this Ordinance shall be deemed to be an allocation of such volume cap to the issuance of such bonds; provided, that any transfer of volume cap shall be evidenced by a written instrument executed by the Mayor or any other proper officer or employee of the City. Section 2. That the Mayor, the City Clerk and all other proper officers, officials, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. Section 3. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. Section 4. That all ordinances, resolutions or orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in full force and effect upon its adoption and approval. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Passed: April 23, 2008 Vote: Yeas: 7 Nays: 0 Recorded: April 24, 2008 Published: April 25, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T21-08 PASSED ESTABLISHING AN INSTALLMENT PAYMENT OPTION FOR 2008-2009 LIQUOR LICENSEES AFFECTED BY THE ANNUAL LIQUOR LICENSE FEE INCREASES ESTABLISHED IN ORDINANCE NO. G18-08 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, Walters, and Mayor Schock. Nays: None. APRIL 23, 2008 VOLUME LXXIII 254 Ordinance No. T21-08 AN ORDINANCE ESTABLISHING AN INSTALLMENT PAYMENT OPTION FOR 2008-2009 LIQUOR LICENSEES AFFECTED BY THE ANNUAL LIQUOR LICENSE FEE INCREASES ESTABLISHED IN ORDINANCE NO. G18-08 WHEREAS, the city conducted a periodic review of the liquor ordinance’s license fee structure to determine whether the existing annual licensing fees are commensurate with resources expended by the city in policing those licensed establishments, and also comparable with fees being charged in other neighboring and similar municipalities; and WHEREAS, the city’s existing liquor licensees were advised of the city council’s plans to consider fee increases in a letter dated 29 February 2008 and 17 March 2008; and WHEREAS, the city’s review determined that the annual licensing fee for Class A, AA, A-1, M, R, R-1 and S licensees should be increased, and that such increases were approved in Ordinance No. G18-08, adopted on 9 April 2008; and WHEREAS, the liquor licensees affected by the fee increases in Ordinance No. G18-08 were advised of the new annual licensing fee in a letter dated 11 April 2008; and WHEREAS, the city’s liquor code requires payment of the annual license fee for the 2008-2009 licensing year on or before 1 May 2008; and WHEREAS, several liquor licensees affected by the fee increases approved in Ordinance No. G18-08 have requested additional time to make payment on the balance of the fee increase affecting their license classification due to financial constraints; and WHEREAS, the City Council of the City of Elgin has determined that notwithstanding the provisions of the city’s liquor code requires payment of the annual license fee for the 2008 - 2009 licensing year on or before 1 May 2008, it is appropriate to permit the liquor licensees affected by the fee increases approved in Ordinance No. G18-08 to make four installment payments on the balance of their annual license fee, with any such outstanding balance being satisfied by 30 November 2008. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXIII APRIL 23, 2008 255 Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Notwithstanding the provisions of section 6.06.080 of the Elgin Municipal Code requiring the payment of the annual license fee for the 2008-2009 licensing year on or before 1 May 2008, a licensee renewing a Class A, AA, A-1, M, R, R-1 or S license for the 2008-2009 licensing year may make payments on the balance on the increased portion of the annual licensing fee for its respective licensing classification, as set forth in Ordinance No. G18 - 08, in four (4) equal installments to the city on or before the following dates: 31 May 2008; 31 July 2008; 30 September 2008; and, 30 November 2008. The chart, below, summarizes the annual license fee increases approved in Ordinance No. G18-08 and the amount of the quarterly payments required by each licensee pursuant to the terms of this ordinance. Annual Licensing Fee Increases Approved in Ordinance No. G18-08 Section 3. A licensee’s failure to make payment in accordance with this section shall constitute cause for the suspension or revocation of the license in accordance with section 6.06.120 of the Elgin Municipal Code. Section 4. That the provisions of this ordinance shall without further city council action automatically expire on 30 April 2009. Section 5. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. License Class Previous Annual License Fee New Annual License Fee Amount of Annual License Fee Subject to Installment Payments Amount for Each Installment Payment Class A $2,000 $3,500 $1500 $375 Class AA $2,000 $3,500 $1500 $375 Class A-1 $2,000 $5,000 $3000 $750 Class M $2,500 $5,000 $2500 $625 Class R $1,500 $7,000 $5500 $1375 Class R-1 $1,500 $7,000 $5500 $1375 Class S $1,300 $7,000 $5700 $1425 APRIL 23, 2008 VOLUME LXXIII 256 Section 6. 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: April 23, 2008 Passed: April 23, 2008 Vote: Yeas: 7 Nays: 0 Recorded: April 24, 2008 Published: April 25, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, 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 Peerless Fence West Chicago, IL $13,380.00 Grounds & Parks Services Fence Install and Repair Land Vision St. Charles, IL $80,000 Miscellaneous site plan review and project coordination for the Chicago Bandits Relocation, US Route 20 TIF Development Area, 1337-1341 Redevelopment Site, Wing Park Blvd. Street Reconstruction and the Dundee Avenue Corridor Improvements. CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. S4-08 and S5-08 and adopt Resolution Nos. 08-104 through 08-114 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII APRIL 23, 2008 257 RESOLUTION 08-104 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT WITH PAUL J. HEIDENREICH, JR., AS SUCCESSOR TRUSTEE OF THE MARGARETHE G. HEIDENREICH 2006 TRUST FOR THE PURCHASE OF 350 DUNDEE AVENUE Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-104 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT WITH PAUL J. HEIDENREICH, JR., AS SUCCESSOR TRUSTEE OF THE MARGARETHE G. HEIDENREICH 2006 TRUST, FOR THE PURCHASE OF 350 DUNDEE AVENUE 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 a Real Estate Sale Contract on behalf of the City of Elgin with Paul J. Heidenreich, Jr., as successor trustee of the Margarethe G. Heidenreich 2006 Trust for the purchase of 350 Dundee Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 23, 2008 VOLUME LXXIII 258 RESOLUTION 08-105 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH AMERICAN AIRWORKS FOR PURCHASE OF A FIRE HOSE WASHER AND DRYER Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-105 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AMERICAN AIRWORKS FOR PURCHASE OF FIRE HOSE WASHER AND DRYER 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 an agreement on behalf of the City of Elgin with American Airworks, for purchase of a fire hose washer and dryer, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-106 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DRYDON EQUIPMENT, INC. FOR SUBMERSIBLE PUMP Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII APRIL 23, 2008 259 Resolution No. 08-106 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DRYDON EQUIPMENT, INC. FOR SUBMERSIBLE PUMP 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 an agreement on behalf of the City of Elgin with Drydon Equipment, Inc. for the purchase of a submersible pump, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-107 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH AROUND THE HORN ENTERPRISES L.L.C. FOR RESTAURANT DESIGN SERVICES FOR BOWES CREEK COUNTRY CLUB Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-107 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AROUND THE HORN ENTERPRISES LLC FOR RESTAURANT DESIGN SERVICES FOR BOWES CREEK COUNTRY CLUB 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 Around the Horn Enterprises, LLC for restaurant design services in conjunction with the Bowes Creek Country Club, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor APRIL 23, 2008 VOLUME LXXIII 260 Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-108 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR THE PURCHASE OF ELGIN PELICAN STREET SWEEPER Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-108 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR THE PURCHASE OF ELGIN PELICAN STREET SWEEPER 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 be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Standard Equipment Company for the purchase of one Elgin Pelican street sweeper, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII APRIL 23, 2008 261 Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-109 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH GRAY MANUFACTURING COMPANY, INC. FOR VEHICLE LIFTS FOR FIRE DEPARTMENT VEHICLES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-109 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GRAY MANUFACTURING, INC. FOR VEHICLE LIFTS FOR FIRE DEPARTMENT VEHICLES 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 an agreement on behalf of the City of Elgin with Gray Manufacturing, Inc. for vehicle lifts for fire department vehicles, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 23, 2008 VOLUME LXXIII 262 RESOLUTION 08-110 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH K2N CREST, P.C. FOR ROOF CONSULTING SERVICES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-110 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH K2N CREST, P.C. FOR ROOF CONSULTING SERVICES 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 K2N Crest, P.C., for roof consulting services a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-111 ADOPTED ADOPTING THE CENTER CITY SPECIAL BUSINESS LOAN PROGRAM FOR BUSINESS DEVELOPMENT AND BUILDING IMPROVEMENTS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII APRIL 23, 2008 263 Resolution No. 08-111 RESOLUTION ADOPTING THE CENTER CITY SPECIAL BUSINESS LOAN PROGRAM FOR BUSINESS DEVELOPMENT AND BUILDING IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts the Center City Special Business Loan Program for Business Development and Building Improvements dated April 9, 2008 for building improvements and business development in Center City Elgin, a copy of which is attached. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-112 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH ELLIOTT AND WOOD, INC. FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-112 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH ELLIOTT AND WOOD, INC. FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 WHEREAS, the City of Elgin has heretofore entered into a contract with Elliott and Wood, Inc. for construction activities at Fire Station 7; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. APRIL 23, 2008 VOLUME LXXIII 264 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. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-113 ADOPTED APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH CYBERDINE MASONRY CORP. FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-113 RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH CYBERDINE MASONRY CORP. FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 WHEREAS, the City of Elgin has heretofore entered into a contract with Cyberdine Masonry Corp. for additional masonry services at Fire Station 7; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, 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 VOLUME LXXIII APRIL 23, 2008 265 directed to execute Change Order No. 3, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-114 ADOPTED RATIFYING THE EXECUTION OF AN INTERAGENCY AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR TWO PART-TIME DOMESTIC VIOLENCE CASE WORKERS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, 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. 08-114 RESOLUTION RATIFYING THE EXECUTION OF AN INTERAGENCY AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR TWO PART-TIME DOMESTIC VIOLENCE CASE WORKERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an interagency agreement with the Illinois Criminal Justice Information Authority for Two Part-Time Domestic Violence Case Workers, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor APRIL 23, 2008 VOLUME LXXIII 266 Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S4-08 PASSED PROVIDING FOR THE ISSUANCE OF $14,825,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2008A, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE S4-08 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. ORDINANCE S5-08 PASSED PROVIDING FOR THE ISSUANCE OF $8,150,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008B, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE S5-08 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. 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 January 2008 Cultural Arts Commission Meeting Minutes for March 10, 2008 VOLUME LXXIII APRIL 23, 2008 267 Foreign Fire Insurance Tax Board Meeting Minutes for January 8, 2008 Planning and Development Commission Meeting Minutes for February 18, 2008 Veterans Memorial Park Committee Meeting Minutes for February 20, 2008, March 5, 2008 Zoning and Subdivision Hearing Bard Meeting Minutes for March 5, 2008 Committee of the Whole Minutes for March 26, 2008 City Council Minutes for March 26, 2008 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 8:50 p.m. s/Diane Robertson May 14, 2008 Diane Robertson, City Clerk Date Approved