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HomeMy WebLinkAboutt - October 22, 2008 CC 730 OCTOBER 22, 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 October 22, 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 members of the Marine Corps League. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE OCTOBER 8, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Walters, to approve the October 8, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember Figueroa answered present. COMMUNICATIONS State Representative Ruth Munson and State Senator Michal Noland regarding Wing Park Golf Course Representative Munson introduced Senator Michael Noland who read a Senate proclamation recognizing the 100th anniversary of the Wing Park Golf Course. The proclamation was accepted by Parks & Recreation Director Randy Reopelle. Mr. Reopelle thanked Dave Buck for all of his work researching the history of the park and golf course. U.S. Marine Corps Week Proclamation Mayor Schock read a proclamation recognizing U.S. Marine Corps Week. Members of the Marine Corps League were present and accepted the proclamation. VOLUME LXXIII OCTOBER 22, 2008 731 RECOGNIZE PERSONS PRESENT Judy Kendall expressed her concerns about the lack of parking near her restaurant. The City Manager asked that staff set up a meeting with her to discuss this issue. Robert Rosa, representing O.N.E., expressed his views on the flooding issue and stated he was opposed to the former Casa Linda property being converted to a soccer field. Marcus Banner, representing O.N.E., expressed his concerns about police inaction regarding his previous complaints. He stated he would like to see an independent review commission, similar to that of Chicago, be established. He presented the Council with signed petitions supporting his request. John Collins expressed his concerns about flooding at Cooper and Preston and the garages that were built across the street from him. Betsy Couture commended the Council for allowing the odd/even parking ban trials. Dane Buczkowski, a resident who experienced flooding, expressed his concerns about the bridge at Kirk and Ramona. He stated he would like to have the bridge rebuilt in an arch and to have the creek cleaned of debris. Joe Kjellander, the new president of the Gifford Park Association, expressed his support of the odd/even parking trials. He stated the aesthetics and safety conditions had improved. He also announced that G.P.A. had received an award from the National Historic Trust Association and he thanked City staff for their efforts. Mayor Schock congratulated G.P.A. on earning this award. Sue Braun stated she was delighted with the odd/even parking trials. Ina Dews stated she felt the signage regarding the odd/even parking trials was not consistent in all of the affected neighborhoods. BID 08-070 AWARDED TO SCRIPTLOGIC CORPORATION WITH CDW-G AS THE AUTHORIZED RESELLER FOR EMAIL ARCHIVE SYSTEM Councilmember Steffen made a motion, seconded by Councilmember Figueroa, to approve a contract to ScriptLogic Corporation with CDW-G as the authorized reseller for the purchase of a Quest Archive Manager in the amount of $26,380 as the City’s email archive system. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 22, 2008 VOLUME LXXIII 732 BID 08-077 AWARDED TO GREAT LAKES SNOW SYSTEMS FOR SNOW REMOVAL SERVICES FOR CUL-DE-SACS AND ALLEYS Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to award a contract to Great Lakes Snow Systems for snow removal services for cul-de-sacs and alleys with the total annual cost not to exceed the budget available. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-078 AWARDED TO GREAT LAKES SNOW SYSTEMS FOR SNOW REMOVAL SERVICES FOR MUNICIPAL PARKING LOTS Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to award a contract to Great Lakes Snow Systems for snow removal services for public facility and public use parking lots with the total annual cost not to exceed the budget available. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-084 AWARDED TO STANDARD EQUIPMENT COMPANY FOR VIDEO PIPELINE INSPECTION EQUIPMENT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Standard Equipment Company in the amount of $14,480 for video pipeline inspection equipment. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-087 AWARDED TO ADLITE ELECTRIC FOR THE ELECTRICAL SERVICE FOR THE MODULAR TRAILER AT THE SPORTS COMPLEX Councilmember Steffen made a motion, seconded by Councilmember Walters, to award a contract to Adlite Electric in the amount of $21,392 for the electrical service for the modular trailer at the Sports Complex. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-088 AWARDED TO SKIRMONT MECHANICAL FOR THE PLUMBING SERVICE FOR THE MODULAR TRAILER AT THE SPORTS COMPLEX Councilmember Walters made a motion, seconded by Councilmember Gilliam, to award a contract to Skirmont Mechanical in the amount of $14,550 for plumbing service for the modular trailer at the Sports Complex. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII OCTOBER 22, 2008 733 BID 08-089 AWARDED TO NORTHWEST FORD FOR THE PURCHASE OF ONE SIGN SHOP INSTALLATION TRUCK Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to award a contract to Northwest Ford in the amount of $84,129 after trade-in for the purchase of a sign installation truck. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 44-08 APPROVED REQUESTING A VARIATION OF SECTION 203(L) OF THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE PERTAINING TO SITE RUNOFF STORAGE VOLUME WITHIN THE REGULATORY FLOODPLAIN, AMENDED AND ADOPTED UNDER TITLE 21 OF THE ELGIN MUNICIPAL CODE - STORMWATER MANAGEMENT ORDINANCE OF THE CITY OF ELGIN; PROPERTY LOCATED AT 301 WILLARD AVENUE, BY THE CITY OF ELGIN, AS APPLICANT AND OWNER Assistant Community Development Director Fitzgibbons reviewed the petition which includes improvements and amenities for Prairie Park. He noted that the Planning and Development Commission has recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Figueroa, to approve Petition 44-08 subject to conditions. Councilmember Figueroa asked if these improvements would create any damage to the surrounding neighborhoods. Mr. Fitzgibbons replied that these improvements would not cause any flooding to areas downstream. He said the park is already in a flood plain and that making that area a detention pond would not have any additional impact on flooding. Councilmember Figueroa said he felt there was a lack of communication with the neighbors as they have expressed fears this will cause additional flooding. General Services Director David Lawry said there has been communication with the neighborhood in the past, but he agreed that staff could communicate with the residents again. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-254 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH CHANNING SQUARE, L.L.C. FOR DEVELOPMENT OF THE FORMER CHANNING YMCA PROPERTY Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 22, 2008 VOLUME LXXIII 734 Resolution No. 08-254 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH CHANNING SQUARE, L.L.C. FOR DEVELOPMENT OF THE FORMER CHANNING YMCA PROPERTY 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 First Amendment Agreement on behalf of the City of Elgin with Channing Square, L.L.C., for development of the former YMCA property, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Hampton, Lenzini, & Renwick Elgin, IL $18,168.75 Engineering Services for Gifford Park and Southwest Neighbors Parking Surveys CONSENT AGENDA By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G71-08, G72-08, T34-08, and T35-08 and adopt Resolution Nos. 08-238 through 08-253 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII OCTOBER 22, 2008 735 RESOLUTION 08-238 ADOPTED AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM GRANT AGREEMENT WITH BIGGERS MAZDA (1320 EAST CHICAGO STREET) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-238 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM GRANT AGREEMENT WITH BIGGERS MAZDA (1320 East Chicago Street) 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 Business Improvement Program Grant Program Agreement on behalf of the City of Elgin with Biggers Mazda, Inc. for the property located at 1320 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-239 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR FOX RIVER WATERSHED INVESTIGATION Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 22, 2008 VOLUME LXXIII 736 Resolution No. 08-239 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR FOX RIVER WATERSHED INVESTIGATION 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 is hereby authorized and directed to execute a grant agreement in the amount of $75,000, payable in three annual installments of $25,000 each, with the Fox River Study Group for the Fox River Watershed Investigation, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-240 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE FOR A FUTURE BRANDING AND MARKETING CAMPAIGN FOR THE ENHANCING ELGIN COMMITTEE Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-240 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE FOR A FUTURE BRANDING AND MARKETING CAMPAIGN FOR THE ENHANCING ELGIN COMMITTEE 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 the Elgin VOLUME LXXIII OCTOBER 22, 2008 737 Area Chamber of Commerce for a future branding and marketing campaign for the Enhancing Elgin Committee, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-241 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (SUMMIT STREET FROM DUNDEE AVENUE TO HIAWATHA DRIVE RESURFACING PROJECT) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-241 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (Summit Street from Dundee Avenue to Hiawatha Drive Resurfacing 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 an agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for the resurfacing of Summit Street from Dundee Avenue to Hiawatha Drive, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor OCTOBER 22, 2008 VOLUME LXXIII 738 Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-242 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 FOR THE POLICE LIAISON OFFICER PROGRAM Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-242 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 FOR THE POLICE LIAISON OFFICER PROGRAM 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 School District U-46 providing for the police liaison program for the 2008 -2009 school year, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII OCTOBER 22, 2008 739 RESOLUTION 08-243 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT WITH THE COUNTY OF KANE FOR SALT STORAGE Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-243 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT WITH THE COUNTY OF KANE FOR SALT STORAGE 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 Intergovernmental Maintenance Facility Agreement on behalf of the City of Elgin with the County of Kane for salt storage for the 2008-2011 winter season, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-244 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH ESI CONSULTANTS, LTD. FOR CONSTRUCTION INSPECTION OF THE ROUTE 20 AND SHALES PARKWAY WATER MAIN RELOCATION PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 22, 2008 VOLUME LXXIII 740 Resolution No. 08-244 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH ESI CONSULTANTS, LTD. FOR CONSTRUCTION INSPECTION OF THE ROUTE 20 AND SHALES PARKWAY WATER MAIN RELOCATION PROJECT 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 second amendment agreement on behalf of the City of Elgin with ESI Consultants, Ltd. for construction inspection of the Route 20 and Shales Parkway water main project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-245 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR PROPOSED IMPROVEMENTS TO RANDALL ROAD AT SADDLE CLUB PARKWAY/AUTO MALL DRIVE AND POINT BOULEVARD Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-245 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR PROPOSED IMPROVEMENTS TO RANDALL ROAD AT SADDLE CLUB PARKWAY/AUTOMALL DRIVE AND POINT BOULEVARD 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 a Highway Permit on behalf of the City of Elgin with the Kane County Division of Transportation for the proposed improvements to Randall Road at Saddle Club Parkway/Automall Drive and VOLUME LXXIII OCTOBER 22, 2008 741 Point Boulevard associated with the Randall Rose Subdivision, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-246 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE TRUNK 60 PHASE 2 SANITARY SEWER AND OFF-SITE WATER MAIN EXTENSION IMPROVEMENTS FOR BOWES CREEK COUNTRY CLUB PHASE 1 SUBDIVISION Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-246 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE TRUNK 60 PHASE 2 SANITARY SEWER AND OFF-SITE WATER MAIN EXTENSION IMPROVEMENTS FOR BOWES CREEK COUNTRY CLUB-PHASE 1 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 Trunk 60 Phase 2 sanitary sewer and off-site water main extension improvements for the Bowes Creek Country Club Phase 1 Subdivision. Acceptance of the improvements will add the following infrastructure to the city maintained facilities: Sanitary Sewers, 8” – 10” diameter 168 linear feet Sanitary Sewers, 24” diameter 40 linear feet Sanitary Sewers, 30” diameter 6,118 linear feet Sanitary Manholes, 48” diameter 2 each Sanitary Manholes, 60” diameter 13 each Sanitary Manholes, 72” diameter 3 each OCTOBER 22, 2008 VOLUME LXXIII 742 Water Main 12” diameter 1,938 linear feet Water Main 16” diameter 1,552 linear feet Water Main 12” & 16” diameter, in casing 570 linear feet Fire Hydrants 12 each Valve and Vault, 12” and 16” 10 each s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-247 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (36 DANIELS AVENUE) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-247 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (36 Daniels Avenue) 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 a Real Estate Sales Contract on behalf of the City of Elgin with Fortino and Angela Robledo for the purchase of property commonly known as 36 Daniels Avenue, Elgin, for $180,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII OCTOBER 22, 2008 743 Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-248 ADOPTED APPROVING AMENDMENT TO THE ARTICLES OF AGREEMENT FOR THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-248 RESOLUTION APPROVING AN AMENDMENT TO THE ARTICLES OF AGREEMENT FOR 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 an amendment to the Northern Illinois Special Recreation Association’s Articles of Agreement regarding real estate ownership or leasing, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 22, 2008 VOLUME LXXIII 744 RESOLUTION 08-249 ADOPTED APPROVING CHANGE ORDER NO. 9 IN THE CONTRACT WITH CYBERDINE MASONRY FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-249 RESOLUTION APPROVING CHANGE ORDER NO. 9 IN THE CONTRACT WITH CYBERDINE MASONRY FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 WHEREAS, the City of Elgin has heretofore entered into a contract with Cyberdine Masonry 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. 9, 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. 9, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII OCTOBER 22, 2008 745 RESOLUTION 08-250 ADOPTED AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM GRANT AGREEMENT WITH RED BAR WINERY, INC. (74 S. GROVE AVENUE) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-250 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM GRANT AGREEMENT WITH RED BAR WINERY, INC. (74 S. Grove Avenue) 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 Business Improvement Program Grant Program Agreement on behalf of the City of Elgin with Red Bar Winery, Inc. for the property located at 74 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-251 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LARKIN CENTER, INC. FOR A SCHOOL LIAISON OFFICER Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 22, 2008 VOLUME LXXIII 746 Resolution No. 08-251 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LARKIN CENTER, INC. FOR A SCHOOL LIAISON OFFICER BE IT RESOLVED BY THE CITY COUNC IL 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 agreement on behalf of the City of Elgin with The Larkin Center, Inc. for a school liaison officer, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-252 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH BLACK & VEATCH CORPORATION FOR AIRLITE STREET WATER TREATMENT PLANT IMPROVEMENTS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-252 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT WITH BLACK & VEATCH CORPORATION FOR AIRLITE STREET WATER TREATMENT PLANT IMPROVEMENTS 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 Amendment No. 1 to the agreement with Black & Veatch Corporation on behalf of the City of Elgin for Airlite Street Water Treatment Plant Improvements, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII OCTOBER 22, 2008 747 Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G71-08 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G71-08 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, “ZONING” WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to certain land uses in the ORI Office Research Industrial Zoning District, off-street parking areas and arterial road corridors; and, WHEREAS, the planning and development commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and, WHEREAS, the planning and development commission has forwarded the proposed amendments to the city council with a recommendation for approval; and WHEREAS, the community development group recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That chapter 19.40, entitled “Industrial Districts,” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.40.130, subparagraphs A.10., thereto, entitled “Land Use, Permitted Uses, Construction Division,” to add the following language: General Warehousing and Storage, but not including “Warehousing, Self Storage” (4225) OCTOBER 22, 2008 VOLUME LXXIII 748 Section 2. That chapter 19.45, entitled “Off-Street Parking,” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.45.055, subparagraph C., thereto, entitled “Shared Off-Street Parking Facilities,” to read as follows: An off-street parking facility being shared by two (2) or more land uses must be owned by the record owner of not less than one of the land uses being served. The record owner or lessee of a land use sharing an off-street parking facility with two (2) or more land uses shall enter into a lease with the record owner of the off-street parking facility being shared. The lease shall authorize any record owner or lessee sharing the off-street parking facility to utilize the shared off-street parking facility in accordance with the terms of this chapter and any conditions established by the code enforcement officer pursuant to this Section. The lease shall be executed for not less than a ninety-nine (99) year term as provided for in section 19.45.030 of this chapter. In lieu of a lease executed in accordance with the terms of this subsection, a permanent easement may be recorded authorizing any record owner or lessee sharing an off-street parking facility to utilize the shared off-street parking facility in accordance with the terms of this chapter and any conditions established by the code enforcement officer pursuant to this section. Section 3. That chapter 19.45, entitled “Off-Street Parking,” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.45.170, subparagraph B., thereto, entitled “Surfacing,” to add the following language: 5. Where the number of parking stalls provided exceeds the number of stalls required by section 19.45.070 of this chapter, the excess number of parking stalls shall be constructed with permeable surfacing materials. A minimum of two inches (2") of permeable paver brick, porous concrete, grass pavers, gravel pavers, and interlocking concrete paving blocks, with a porous infill material such as gravel, soil and grass through which infiltration may occur, over one (1) inch of sand over seven inches (7") of compacted gravel. Equivalent thicknesses of paver brick may be substituted for gravel provided that the total pavement thickness is a minimum of ten inches (10"). Section 4. That chapter 19.50, entitled “Street Graphics,” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.50.020, entitled “Definitions,” to amend the definition of “Projecting Graphic,” to read as follows: PROJECTING GRAPHIC: A wall graphic affixed to a building and th at extends beyond the line of such building wall or beyond the surface of that portion of the building wall to which it is affixed by more than twelve inches (12"). Section 5. That chapter 19.90, entitled “Supplementary Regulations,” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.90.015, entitled “Definitions,” to amend the definition of “Street, Arterial,” read as follows: STREET, ARTERIAL: A "street" [SR] which has continuity between municipalities or other urban centers, which has continuity through the city, or which intersects with three (3) or more "limited access arterial streets" [SR], or other arterial streets, and which VOLUME LXXIII OCTOBER 22, 2008 749 affords a primary means of access for intersecting streets and for adjoining "lots of record" [SR] at a limited number of locations. The arterial streets shall be McLean Boulevard, State Route 31 (State Street), Dundee Avenue, Villa Street, Center Street (between Dundee Avenue and Villa Street), National Street (between Villa Street and State Street) State Route 25 (St. Charles Street, Bluff City Boulevard, Liberty Street, Dundee Avenue), Illinois Route 72 (Higgins Road), Big Timber Road, Highland Avenue, Larkin Avenue, Kimball Street, Congdon Avenue (east of State Route 25), State Route 58 (Summit Street east of Dundee Avenue), State Route 19 (East Chicago Street), Nesler Road, Coombs Road, Bowes Road, Russell Road, Damisch Road, McDonald Road, Silver Glen Road, Corron Road, Muirhead Road, Plank Road and State Route 20 (west of Weld Road). Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. 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: October 22, 2008 Passed: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: October 23, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G72-08 PASSED GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE PAB PLANNED AREA BUSINESS DISTRICT (1350 EAST CHICAGO STREET) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 22, 2008 VOLUME LXXIII 750 Ordinance No. G72-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE PAB PLANNED AREA BUSINESS DISTRICT (1350 East Chicago Street) WHEREAS, written application has been made requesting conditional use approval for a package liquor sales establishment in the PAB Planned Area Business District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 17, 2008, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of a package liquor sales establishment in the PAB Planned Area Business District at 1350 East Chicago Street and legally described as follows: That part of Section 17 and Section 20, both in Township 41 North, Range 9 East of the third principal meridian, described as follows: commencing at the northwest corner of the southwest quarter of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East, along the North line of said southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64 degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 1 minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8 seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East, 70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42 seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park Road) as said road was dedicated by document no. 11200329; thence North 85 degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet; thence South 6 degrees 53 minutes 24 seconds East, along said line 15 feet; thence North 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4 degrees 13 minutes 28 seconds East, 56.69 feet; thence North 10 degrees 0 minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46 seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West, VOLUME LXXIII OCTOBER 22, 2008 751 10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded to the people of the State of Illinois, Department of Transportation, by d eed recorded August 5, 1998 as Document Number 98688397 more specifically described as follows: that part of the northwest quarter of Section 20, Township 41 North, Range 9 East of the third principal meridian, in Cook County, Illinois described as follows: commencing at the northwest corner of said northwest quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet (bearings assumed for description purposes only) along the north line of said northwest quarter to the west right of way of Shales Parkway (Lovell Road) as established by document no. 88486058; thence south 9 degrees 48 minutes 16 seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees 26 minutes 10 seconds west 36.64 feet, along said right of way line for the point of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west, 20.00 feet, along said west right of way to the north right of way line of Chicago- Elgin Road (Illinois Route 19) as established by document no. 11200329; thence south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the point of beginning: also excepting therefrom that part dedicated for public street (a portion of Philips Way) by plat of dedication recorded June 7, 1990 as Document No. 90267579 more particularly described as follows: beginning at the northwest corner of the subject land; thence south 85 degrees 33 minutes 12 seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46 seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured perpendicular, easterly of and parallel with a line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence south 03 degrees 59 minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence north 03 degrees 59 minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of beginning, situated in the City of Elgin, Cook County, Illinois and containing 4.57 acres more or less (Property commonly known as 1350 East Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance submitted by Jayesh Patel, dated September 5, 2008. 2. Substantial Conformance to the Business Plan for Elgin Liquor and Wine, inclusive of the following plan sheets: a. Business Plan prepared by Jayesh Patel, dated August 14, 2008; b. Site Plan titled “Geometric Plan” prepared by Marchris Engineering, Ltd., dated September 5, 2008; c. The Landscaping Plans Sheet LS-1 prepared by Marchris Engineering, Ltd., dated September 5, 2008; OCTOBER 22, 2008 VOLUME LXXIII 752 d. The Partial (floor) Plan prepared by Ernest E. Ternovits, Jr. Architects dated September 5, 2008; e. The Elgin Liquor Suite prepared by New Horizons Inc. Architects dated September 5, 2008; f. The Elevation Drawings prepared by Ernest E. Ternovits, Jr. Architects, dated September 5, 2008; and g. The Sign Exhibit dated August 22, 2008. 3. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Passed: October 22, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: October 23, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T34-08 PASSED ESTABLISHING THE MACKENZIE WOODS SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #19) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII OCTOBER 22, 2008 753 Ordinance No.T34-08 AN ORDINANCE ESTABLISHING THE MACKENZIE WOODS SUBDIVISION SPECIAL SERVICE AREAOF ELGIN, ILLINOIS (SSA #21) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of th e State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the MacKenzie Woods Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided; and WHEREAS, the cost of the City providing the services shall be paid by the levy of a direct annual ad valorem tax upon all taxable property within the Special Service Area; and WHEREAS, said direct annual tax shall be levied upon all taxable property within the Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, the establishment of the Special Service Area was proposed by the City Council of the City of Elgin pursuant to Ordinance No. T26-08, entitled “An Ordinance Proposing the Establishment of the MacKenzie Woods Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Procedures Relating to the Establishment of a Special Service Area,” that Resolution having been duly passed on July 9, OCTOBER 22, 2008 VOLUME LXXIII 754 2008, and was considered at a public hearing held by the City Council of the City of Elgin on August 13, 2008 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the “Hearing”); and WHEREAS, the notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Courier News, a newspaper of general circulation in the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit A; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before July 25, 2008, that date being not less than ten (10) days prior to the time set for the Hearing. A copy of that notice being attached to and incorporated into this ordinance as Exhibit B. The Notice of Hearing was addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property; and WHEREAS, the Notice of Hearing complied with all applicable provisions and requirements of the Act; and WHEREAS, all interested persons affected by the establishment of the Special Service Area or the tax levy to pay the cost of providing the services, including all owners of real estate located within the Special Service Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Special Service Area and its associated tax levy and an opportunity to file objections to the establishment of the Special Service Area or the tax levy; and WHEREAS, at the Hearing, all interested persons affected by the Special Service Area were permitted to file with the City Clerk of the City of Elgin written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on August 13, 2008 at 7:40 pm. VOLUME LXXIII OCTOBER 22, 2008 755 Section 3. Establishment of the Special Service Area. The MacKenzie Woods Subdivision Special Service Area of the City of Elgin is hereby established in and for the City of Elgin and shall consist of the territory legally described in Exhibit C which is attached to and incorporated into this ordinance by reference. The MacKenzie Woods Subdivision Special Service Area consists of approximately 5.94 acres lying south of Summit Street in the City of Elgin. An accurate map of the MacKenzie Woods Subdivision Special Service Area is attached to and made part of this ordinance as Exhibit D. Section 4. Purpose for Establishing the Special Service Area. The purpose for establishing the MacKenzie Woods Subdivision Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the MacKenzie Woods Subdivision Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All of the services described in this section shall be in and for the MacKenzie Woods Subdivision Special Service Area and all of the described construction and improvements shall be on property in which the City will obtain an interest sufficient for the provision of the services described in this section. All the services described in this section are unique and in addition to services generally provided by the City. Section 5. Tax Levy. The cost of the services described in Section 4 of this ord inance shall be paid by the levy of a direct ad valorem tax upon all taxable property within the MacKenzie Woods Subdivision Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and levied for the MacKenzie Woods Subdivision Special Service Area in an amount not to exceed an annual rate of .783 [E.g., ten one-hundredths percent (.10 percent, being 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq). Notwithstanding the foregoing, taxes shall not be levied hereunder and the MacKenzie Woods Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the MacKenzie Woods Home Owners’ Association fails to maintain, repair, replace or pay for the improvements described in Section 4 of this ordinance and/or any related costs for those improvements, so as to require the City to assume those responsibilities. D uring the years of development in the MacKenzie Woods Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $10,800.00 annually for the cost of the services described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. OCTOBER 22, 2008 VOLUME LXXIII 756 Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. 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: October 22, 2008 Passed: October 22, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: October 23, 2008 Published: October 24, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T35-08 PASSED ESTABLISHING THE MADISON HOMES SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #20) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No.T35-08 AN ORDINANCE ESTABLISHING THE MADISON HOMES SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #20) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and VOLUME LXXIII OCTOBER 22, 2008 757 WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Madison Homes Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided; and WHEREAS, the cost of the City providing the services shall be paid by the levy of a direct annual ad valorem tax upon all taxable property within the Special Service Area; and WHEREAS, said direct annual tax shall be levied upon all taxable propert y within the Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, the establishment of the Special Service Area was proposed by the City Council of the City of Elgin pursuant to Ordinance No. T25-08, entitled “An Ordinance Proposing the Establishment of the Madison Homes Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Procedures Relating to the Establishment of a Special Service Area,” that Resolution having been duly passed on July 9, 2008, and was considered at a public hearing held by the City Council of the City of Elgin on August 13, 2008 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, E lgin, Illinois (the “Hearing”); and WHEREAS, the notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Courier News, a newspaper of general circulation in the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit A; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before July 25, 2008, that date being not less than ten (10) days OCTOBER 22, 2008 VOLUME LXXIII 758 prior to the time set for the Hearing. A copy of that notice being attached to and incorporated into this ordinance as Exhibit B. The Notice of Hearing was addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the Notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property; and WHEREAS, the notice of Hearing complied with all applicable provisions and requirements of the Act; and WHEREAS, all interested persons affected by the establishment of the Special Service Area or the tax levy to pay the cost of providing the services, including all owners of real estate located within the Special Service Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Special Service Area and its associated tax levy and an opportunity to file objections to the establishment of the Special Service Area or the tax levy; and WHEREAS, at the Hearing, all interested persons affected by the Special Service Area were permitted to file with the City Clerk of the City of Elgin written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on August 13, 2008 at 7:40 pm. Section 3. Establishment of the Special Service Area. The Madison Homes Subdivision Special Service Area of the City of Elgin is hereby established in and for the City of Elgin and shall consist of the territory legally described in Exhibit C which is attached to and i ncorporated into this ordinance by reference. The Madison Homes Subdivision Special Service Area consists of approximately 8.96 acres located on the northeast side of Highland Avenue and Trinity Terrace in the City of Elgin. An accurate map of the Madison Homes Subdivision Special Service Area is attached to and made part of this ordinance as Exhibit D. Section 4. Purpose for Establishing the Special Service Area. The purpose for establishing the Madison Homes Subdivision Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; VOLUME LXXIII OCTOBER 22, 2008 759 costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Madison Homes Subdivision Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All of the services described in this section shall be in and for the Madison Homes Subdivision Special Service Area and all of the described construction and improvements shall be on property in which the City will obtain an interest sufficient for the provision of the services described in this section. All the services described in this section are unique and in addition to services generally provided by the City. Section 5. Tax Levy. The cost of the services described in Section 4 of this ord inance shall be paid by the levy of a direct ad valorem tax upon all taxable property within the Madison Homes Subdivision Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and levied for the Madison Homes Subdivision Special Service Area in an amount not to exceed an annual rate of .762 [E.g., ten one-hundredths percent (.10 percent, being 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq). Notwithstanding the foregoing, taxes shall not be levied hereunder and the Madison Homes Subdivision Special Service Area shall remain abeyant and shall take effect onl y in the event the Madison Homes Home Owners’ Association fails to maintain, repair, replace or pay for the improvements described in Section 4 of this ordinance and/or any related costs for those improvements, so as to require the City to assume those responsibilities. During the years of development in the Madison Homes Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $13,200.00 annually for the cost of the services described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. 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 OCTOBER 22, 2008 VOLUME LXXIII 760 Presented: October 22, 2008 Passed: October 22, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: October 23, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-253 ADOPTED RATIFYING THE EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF ELGIN AND LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-253 RESOLUTION RATIFYING THE EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF ELGIN AND LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Settlement Agreement and Release and Side Letter of Agreement between the City of Elgin and Local #439 International Association of Firefighters by Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII OCTOBER 22, 2008 761 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Walters made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Cultural Arts Commission Minutes for April 14, 2008, August 11, 2008, & September 8, 2008 Foreign Fire Insurance Tax Board Meeting Minutes for July 11, 2008 Heritage Commission Meeting Minutes for September 16, 2008 Veterans Memorial Park Committee Meeting Minutes for August 20, 2008 Committee of the Whole Minutes for September 24, 2008 City Council Minutes for September 24, 2008 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 7:50 p.m. s/ Diane Robertson November 5, 2008 Diane Robertson, City Clerk Date Approved