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HomeMy WebLinkAboutv - November 19, 2008 CC810 NOVEMBER 19, 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 November 19, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Bishop Scales and the Pledge of Allegiance was led by Councilmember John Walters. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Walters and Mayor Schock. Absent: Councilmember Steffen. MINUTES OF THE NOVEMBER 5, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve the November 5, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Laurel Bault, representing the League of Women Voters, reported on a study regarding community services for adults with mental illnesses and developmental disabilities in Kane County. Mary Hill spoke in favor of the odd/even parking ban. John Collins spoke about flooding concerns at 1000 Preston and conversations with his neighbors. BID 08-086 AWARDED TO TODAY’S UNIFORMS TO PROVIDE UNIFORMS TO THE FIRE DEPARTMENT Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award a contract to Today’s Uniforms for an amount not to exceed $50,000 to provide uniforms to the Fire Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII NOVEMBER 19, 2008 811 BID 08-091 AWARDED TO NEWCASTLE ELECTRIC TO REPLACE THE STANDBY GENERATORS AT THE SEWAGE LIFT STATIONS ON RED BARN ROAD AND ON SOUTH STREET Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Newcastle Electric in the amount of $52,000 to replace the standby generators at the sewage stations on Red Barn Road and on South Street. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. BID 08-094 AWARDED TO DOME CORPORATION OF NORTH AMERICA TO DESIGN AND BUILD A 4,000 TON CAPACITY SALT STORAGE BARN ON BOWES ROAD Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a contract to Dome Corporation of North America in the amount of $504,200 to design and construct a 4,000 ton capacity salt storage barn on the prepared site on Bowes Road. Councilmember Walters expressed his appreciation to staff for having the design of the salt storage barn fit so well into the existing area. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-280 ADOPTED ESTIMATING AMOUNT NECESSARY TO BE RAISED BY TAXATION FOR THE YEAR 2008 UPON TAXABLE PROPERTY IN THE CITY OF ELGIN Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-280 RESOLUTION ESTIMATING AMOUNT NECESSARY TO BE RAISED BY TAXATION FOR THE YEAR 2008 UPON TAXABLE PROPERTY IN THE CITY OF ELGIN WHEREAS, the Truth in Taxation Law at 35 ILCS 200/18-55, et seq., provides in part that prior to the adoption of its aggregate levy, hereinafter referred to as “levy”, the corporate authority of each taxing district shall determine the amounts of money, exclusive of any portion of that levy attributable to costs of conducting an election required by the general election law, hereinafter referred to as “Election Costs” estimated to be necessary to be raised by taxation for that year upon the taxable property in its district; and NOVEMBER 19, 2008 VOLUME LXXIII 812 WHEREAS, the Truth in Taxation Law further provides in part that if the estimate of the corporate authority is more than 105% of the amount extended or estimated to be extended, plus any amount abated by the corporate authority prior to extension, upon the final aggregate levy of the preceding year, exclusive of Election Costs, the corporate authority shall give public notice of and hold a public hearing of its intent to adopt an aggregate levy in an amount which is more than 105% of the amount extended or estimated to be extended upon the final aggregate levy extensions, plus any amount abated, exclusive of Election Costs, for the preceding year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That the city council of the City of Elgin being the corporate authority of the City of Elgin hereby determines that the amount of money, exclusive of any portion of the 2008 levy attributable to Election Costs, estimated to be necessary to be raised by taxation for the year 2008 upon the taxable property in the City of Elgin is in the amount of $50,390,620. 2. That the amount estimated to be necessary to be raised by taxation for the year 2008 upon taxable property in the City of Elgin being more than 105% of the amount of the 2007 property tax levy, a truth in taxation hearing pursuant to 35 ILCS 200/18-70 shall be held by the city council of the City of Elgin on Wednesday, December 3, 2008, at 7:00 p.m. in the city council chambers at city hall at 150 Dexter Court, Elgin, Illinois. The city’s fiscal services group director shall cause notice of such public hearing to be published at a time and in form and manner as required by law. 3. That this resolution shall be in full force and effect upon its passage. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 19, 2008 813 PUBLIC HEARING REGARDING A SUBSTANTIAL AMENDMENT TO THE 2008 ANNUAL ACTION PLAN TO APPLY FOR $2,159,623 IN FEDERAL NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO ASSIST WITH THE REDEVELOPMENT OF ABANDONED AND FORECLOSED HOMES Mayor Schock declared the public hearing open. Community Development Director Deering explained that the amendment is actually the application. Mayor Schock then asked for comments from the audience. William Klaves, representing Habitat for Humanity, stated that Habitat for Humanity would like to be a partner in this program. He felt that the resources of Habitat for Humanity could be combined with the city’s program. Jim Durante, owner of a local real estate agency, stated he was a proponent of affordable housing. He expressed his concerns that there were already too many homes for sale citing a report that shows there are currently 1,066 homes in Elgin for sale. He stated that he felt there was too much money being set aside for education and administrative costs. He also said that buyers should be qualified before being allowed to purchase a home. Mayor Schock declared the public hearing closed. RESOLUTION 08-281 ADOPTED AUTHORIZING AMENDMENT TO THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE 2008 ACTION PLAN Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Councilmember Kaptain stated that he would like to see a committee set up to assist in the purchase and rehabilitation of the properties, he would like to see the money leveraged, and he would the program to have an impact on at-risk neighborhoods. Councilmember Figueroa concurred with Councilmember Kaptain and said he wants to have the money used effectively. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-281 RESOLUTION AUTHORIZING AMENDMENT TO THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE 2008 ACTION PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the 2008 Community Development Block Grant Program and the 2008 Action Plan are hereby amended to include the use of funds allocated under the Neighborhood Stabilization NOVEMBER 19, 2008 VOLUME LXXIII 814 Program (NSP), through the Housing and Rehabilitation Act (HERA) of 2008 and as provided for under the Housing and Community Development Act of 1974 as amended. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk PETITION 48-08 APPROVED REQUESTING A CONDITIONAL USE IN THE CC2 CENTER CITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A DRINKING PLACE, AND OUTDOOR EATING AND DRINKING FACILITY; PROPERTY LOCATED AT 231 DOUGLAS AVENUE, BY CASTLEWOOD VENTURES L.L.C., AS APPLICANT AND JOHN AND LINDA HAIGHT, AS OWNERS Mr. Deering reported that the Zoning Board had approved recommendation of Petition 48-08 subject to conditions. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve Petition 48-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING DATE SET FOR DECEMBER 17, 2008, TO CONSIDER THE ESTABLISHMENT OF “BACK-UP” SPECIAL SERVICE AREAS FOR STORMWATER MANAGEMENT FACILITIES IN CEDAR GROVE, OAK RIDGE PHASE 1 AND PHASE 2, STONEBROOK UNIT 1, AND TUSCAN WOODS SUBDIVISIONS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve the public hearing date of December 17, 2008, to consider the establishment of “back-up” special service areas for stormwater management facilities in the following subdivisions: Cedar Grove, Oak Ridge Phase 1 and Phase 2, Stonebrook Unit 1, and Tuscan Woods. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII NOVEMBER 19, 2008 815 ORDINANCE T38-08 PASSED PROPOSING THE ESTABLISHMENT OF THE CEDAR GROVE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Ordinance No. T38-08 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE CEDAR GROVE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES 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 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 Cedar Grove Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 901 Corron Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely l ocated 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 NOVEMBER 19, 2008 VOLUME LXXIII 816 against the Special Service Area for the services to be provided be considered at a public hearing. 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. That a public hearing shall be held by the City Council of the City of Elgin on December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed a nnual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.438 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq.). The tax levies are intended to produce approximately $103,115.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be 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. The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN VOLUME LXXIII NOVEMBER 19, 2008 817 CEDAR GROVE SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 901 Corron Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, 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 Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.438 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $103,115.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only NOVEMBER 19, 2008 VOLUME LXXIII 818 in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of ___________________, 2008. _________________________________ City Clerk Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Passed: November 19, 2008 Vote: Yeas: 5 Nays: 0 Recorded: Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 19, 2008 819 ORDINANCE T39-08 PASSED PROPOSING THE ESTABLISHMENT OF THE OAK RIDGE PHASE 1 AND PHASE 2 SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Ordinance No. T39-08 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE OAK RIDGE PHASE 1 AND PHASE 2 SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES 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 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 Oak Ridge Phase 1 and Phase 2 Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 1700 Villa Street in the City of Elgin, Cook County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely l ocated 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 NOVEMBER 19, 2008 VOLUME LXXIII 820 against the Special Service Area for the services to be provided be considered at a public hearing. 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. That a public hearing shall be held by the City Council of the City of Elgin on December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed a nnual tax levy for the Special Service Area is in an amount not to exceed an annual rate of .735 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $55,298.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgi n. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be 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. The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN VOLUME LXXIII NOVEMBER 19, 2008 821 OAK RIDGE PHASE 1 AND PHASE 2 SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 1700 Villa Street in the City of Elgin, Cook County, Illinois. An accura te map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, 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 Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.735 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Ta x Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $55,298.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only NOVEMBER 19, 2008 VOLUME LXXIII 822 in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ____ day of ________________, 2008. _______________________________________ City Clerk Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Passed: November 19, 2008 Vote: Yeas: 5 Nays: 0 Recorded: Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 19, 2008 823 ORDINANCE T40-08 PASSED PROPOSING THE ESTABLISHMENT OF THE STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Ordinance No. T40-08 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES 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 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 Stonebrook Unit 1 Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 1000 Corron Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely l ocated 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 Cit y of Elgin as whole that special taxes be levied NOVEMBER 19, 2008 VOLUME LXXIII 824 against the Special Service Area for the services to be provided be considered at a public hearing. 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. That a public hearing shall be held by the City Council of the City of Elgin on December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed a nnual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.653 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $62,736.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be 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. The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN VOLUME LXXIII NOVEMBER 19, 2008 825 STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 1000 Corron Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, 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 Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.653 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $62,736.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only NOVEMBER 19, 2008 VOLUME LXXIII 826 in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this _____ day of ___________________, 2008. _______________________________________ City Clerk Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Passed: November 19, 2008 Vote: Yeas: 5 Nays: 0 Recorded: Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 19, 2008 827 ORDINANCE T41-08 PASSED PROPOSING THE ESTABLISHMENT OF THE TUSCAN WOODS SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Ordinance No. T41-08 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE TUSCAN WOODS SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES 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 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 Tuscan Woods Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 2105 West Highland Avenue in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated b y reference into this ordinance as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely l ocated 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 NOVEMBER 19, 2008 VOLUME LXXIII 828 against the Special Service Area for the services to be provided be considered at a public hearing. 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. That a public hearing shall be held by the City Council of the City of Elgin on December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this ordinance. At the hearing, a tax levy for the Special Service will be considered. The proposed a nnual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.467 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1 -1 et seq). The tax levies are intended to produce approximately $82,128.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be 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. The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN VOLUME LXXIII NOVEMBER 19, 2008 829 TUSCAN WOODS SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 2105 West Highland Avenue in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, 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 Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.467 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $82,128.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only NOVEMBER 19, 2008 VOLUME LXXIII 830 in the event the homeowners’ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ____ day of ___________, 2008. ___________________________________ City Clerk Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Passed: November 19, 2008 Vote: Yeas: 5 Nays: 0 Recorded: Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 19, 2008 831 RESOLUTION 08-282 ADOPTED AUTHORIZING EXECUTION OF A PIPELINE EASEMENT AGREEMENT WITH METRA FOR JOINT DISPOSAL MAIN TO CROSS METRA RAILWAY Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Resolution No. 08-282 RESOLUTION AUTHORIZING EXECUTION OF A PIPELINE EASEMENT AGREEMENT WITH METRA FOR JOINT DISPOSAL MAIN TO CROSS METRA RAILWAY 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 Pipeline Easement Agreement with Metra for Joint Disposal Main to Cross Metra Railway, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-283 ADOPTED AUTHORIZING EXECUTION OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR JOINT DISPOSAL MAIN TO CROSS UNION PACIFIC RAILWAY Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. NOVEMBER 19, 2008 VOLUME LXXIII 832 Resolution No. 08-283 RESOLUTION AUTHORIZING EXECUTION OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR JOINT DISPOSAL MAIN TO CROSS UNION PACIFIC RAILWAY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Pipeline Crossing Agreement with Union Pacific Railroad for Joint Disposal Main to Cross Union Pacific Railway, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MOTION TO REMOVE RESOLUTION 08-274 FROM THE CONSENT AGENDA Councilmember Walters made a motion, seconded by Councilmember Figueroa, to remove Resolution 08-274 from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-274 TABLED APPROVING FINAL PLAT OF SUBDIVISION FOR GOOD SHEPHERD CROSSING Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to table Resolution 08-274 for consideration at the December 3, 2008, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII NOVEMBER 19, 2008 833 CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt Resolution Nos. 08-270 through 08-279 (except Resolution 08-274) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-270 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (21 JEFFERSON AVENUE) 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. Resolution No. 08-270 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (21 Jefferson 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, be and is hereby authorized and directed to execute a Real Estate Sale Contract on behalf of the City of Elgin with Paul G. Driscoll for the purchase of property commonly known as 21 Jefferson Avenue, Elgin, for $155,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk NOVEMBER 19, 2008 VOLUME LXXIII 834 RESOLUTION 08-271 ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH NORTHERN ILLINOIS GAS COMPANY FOR OPEN SPACE, PARK PURPOSES AND TRAIL CROSSINGS AT THE PROVIDENCE SUBDIVISION 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. Resolution No. 08-271 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH NORTHERN ILLINOIS GAS COMPANY FOR OPEN SPACE, PARK PURPOSES AND TRAIL CROSSINGS AT THE PROVIDENCE SUBDIVISION 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 license agreement on behalf of the City of Elgin with Northern Illinois Gas Company for open space, park purposes and trail crossings at the Providence Subdivision, copies of which are attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-272 ADOPTED AUTHORIZING EXECUTION OF A RIGHT OF WAY MAINTENANCE AGREEMENT WITH THE MASTER OPERATING ASSOCIATION OF PROVIDENCE SUBDIVISION 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. VOLUME LXXIII NOVEMBER 19, 2008 835 Resolution No. 08-272 RESOLUTION AUTHORIZING EXECUTION OF A RIGHT OF WAY MAINTENANCE AGREEMENT WITH THE MASTER OPERATING ASSOCIATION OF PROVIDENCE SUBDIVISION 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 Master Operating Association of Providence Subdivision for right of way maintenance of the bike path and other properties located on the Nicor Gas easement in the Providence Subdivision, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-273 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES FOR THE EAST SERVICE ZONE 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. Resolution No. 08-273 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES FOR THE EAST SERVICE ZONE 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 NOVEMBER 19, 2008 VOLUME LXXIII 836 with Engineering Enterprises, Inc. for engineering services for the East Service Zone, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-275 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH ELGIN ACADEMY FOR HISTORIC STREET LIGHTING 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. Resolution No. 08-275 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH ELGIN ACADEMY FOR THE INSTALLATION OF HISTORIC STREET LIGHTING 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 development agreement on behalf of the City of Elgin with Elgin Academy for the installation of historic street lighting on Academy Place and Kimball Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 19, 2008 837 RESOLUTION 08-276 ADOPTED APPROVING IMRF SERVICE CREDIT FOR WADE LATOUR 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. RESOLUTION 08-276 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. RESOLUTION 08-277 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS 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. Resolution No. 08-277 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joseph Vassallo be and is hereby reappointed as a member of the Hemmens Advisory Board for a term that expires on May 1, 2010 BE IT FUTHER RESOLVED that F. John Steffen be and is hereby appointed as an Ex - Officio member of the Hemmens Advisory Board for a term that expires on May 1, 2011. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk NOVEMBER 19, 2008 VOLUME LXXIII 838 RESOLUTION 08-278 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ROUTE 20 AND SHALES PARKWAY INTERSECTION IMPROVEMENT PROJECT 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. Resolution No. 08-278 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ROUTE 20 AND SHALES PARKWAY INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the Route 20 and Shales Parkway Intersection Improvement Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-279 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR THE PURCHASE OF ONE ELGIN MEGAWIND CATCH BASIN CLEANER 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. VOLUME LXXIII NOVEMBER 19, 2008 839 Resolution No. 08-279 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR THE PURCHASE OF ONE ELGIN MEGAWIND CATCH BASIN CLEANER 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 Megawind Catch Basin Cleaner, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Cultural Arts Commission Minutes for October 13, 2008 Design Review Subcommittee Minutes for October 14, 2008 Zoning and Subdivision Minutes for September 17, 2008 Committee of the Whole Minutes for October 22, 2008 City Council Minutes for October 22, 2008 Disbursement Report NOVEMBER 19, 2008 VOLUME LXXIII 840 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 7:35 p.m. s/Diane Robertson December 3, 2008 Diane Robertson, City Clerk Date Approved