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HomeMy WebLinkAboutw - December 3, 2008 CC841 VOLUME LXXIII DECEMBER 3, 2008 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 December 3, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:08 p.m. The Invocation was given by Pastor Pedro Lopez of the Episcopal Church of the Redeemer and the Pledge of Allegiance was led by Councilmember Walters. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE NOVEMBER 19, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the November 19, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Councilmember Steffen voted present. COMMUNICATIONS Proclamation Honoring the Episcopal Church of the Redeemer’s 150th Anniversary Mayor Schock read a proclamation recognizing the 150th anniversary of the Episcopal Church of the Redeemer. Pastor Lopez and several members of the congregation were present to accept the proclamation. RECOGNIZE PERSONS PRESENT Charlene Sligting, president of Southwest Area Neighborhood, spoke about the benefits of the odd/even parking trial and possibly expanding the program to encompass a larger area. She also thanked staff for providing a “loading zone” for a special needs child. David Williams stated that he felt the odd/even parking trial has been successful in his neighborhood and that leaf pickup has been good. He felt it has encouraged the removal of decrepit vehicles. DECEMBER 3, 2008 VOLUME LXXIII 842 Major Ken Nicolai of the Salvation Army commended city staff for their generous response to the recent plea for food. He presented a certificate of appreciation to the city. The Mayor thanked Major Nicolai for the efforts of the Salvation Army. Tracey Monteleoni stated that her husband is self-employed and that they have a commercial vehicle that they also use for personal use which they park in their driveway. She is concerned about where they are allowed to park the vehicle. Mr. Folarin stated that someone from staff would talk with her about this situation. BID 08-085 AWARDED TO SCHROEDER ASPHALT SERVICES, INC. FOR THE DEVELOPMENT OF PRAIRIE PARK Commissioner Kaptain made a motion, seconded by Commissioner Figueroa, to award a contract to Schroeder Asphalt Services, Inc. in the amount of $1,145,346.40 for the development of Prairie Park. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-093 AWARDED TO DAVIS DESIGN CORPORATION FOR THE DESIGN AND LAYOUT OF THE QUARTERLY PARKS AND RECREATION BROCHURE AND TO HAGG PRESS FOR THE PRINTING OF THE FOUR QUARTERLY BROCHURES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Davis Design Corporation for an amount not to exceed $15,500 for the design and layout of the quarterly Parks and Recreation brochure, and to Hagg Press for an amount not to exceed $37,590 for the printing of four quarterly brochures. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING ON TRUTH IN TAXATION Mayor Schock declared the public hearing open. Finance Director Nowicki explained that City statute required that a hearing be held. There being no other comments, Mayor Schock declared the public hearing closed. PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING, AND PRELIMINARY PLAT FOR THE HIDDEN CREEK AT ROLLING KNOLLS SUBDIVISION; PROPERTY LOCATED AT 1600 ROHRSSEN ROAD; BY FOURFATHERS DEVELOPMENT, LLC, AS APPLICANT AND LINKS LIMITED PARTNERSHIP AND ROLLING KNOLLS, INC., AS OWNERS (PETITION 05-08) Mayor Schock declared the public hearing open. DECEMBER 3, 2008 VOLUME LXXIII 843 Community Development Director Deering reviewed the petition stating that several changes had been made to the proposal. The number of single family homes has been increased from eighty-two to ninety-two, and the number of townhomes has decreased from sixty-eight to forty. A three acre park site is also now included and that all other issues have been resolved. He stated that city staff had not required a traffic study due to the small nature of this project. The applicants have agreed to make full road improvements to Bode Road both to the east and the west. A revised set of recommendations were previously provided to the Council. The Community Development Group has recommended approval of the application subject to eleven conditions. Attorney Peter Bazos, representing the applicants, reviewed the project. He stated the project included the annexation of the entire Rolling Knolls golf course plus the residence located at the southwest corner of Bode and Rohrssen Road. He also stated that the developer would be doing the following: donating three acres for a park within the next five years or the entire back nine of the golf course, and that they had agreed to the road improvements along Bode Road, improvements to the Bode/Rohrssen intersection, a road cut on Rohrssen Road to Cardinal Lane, and bringing water and sewer to the east property line. The seven townhomes buildings along Rohrssen Road have been replaced with six single family lots. Joe Mukite, on behalf of FourFathers Development, gave a background description on the partners. Chuck Hanlon reviewed both the preliminary and revised plans. He stated the project is a sustainable one in that the homes and lot sizes are smaller, but there is high quality both inside and out. Councilmember Walters stated that sustainability has to be considered on the west side also. Mr. Hanlon said financial sustainability has to also be considered. Councilmember Steffen expressed concerns about the Bode/Rohrssen intersection. He would like to see improvements made and would also like to see a traffic study for this project. Mr. Bazos stated that the developer had already agreed to improve Bode Road and that they might be willing to agree to some of the improvements to the intersection and to a traffic study. Councilmember Kaptain stated he also would like to see a traffic study and asked if the developer would agree to a thirty day continuance. Mr. Bazos said this project was subject to financing and there would be a problem with the lender to ask to delay this project. He also stated that the current developer was not creating the traffic problems; that they already existed. Councilmember Kaptain then asked if the developer would be willing to provide a traffic study. Mr. Bazos said they would. Councilmember Kaptain then expressed his concerns about the density issues and was pleased with the changes that had been made to the preliminary plan. He said that he would like to see options for solar power, rain water conservation, permeable pavers, and conservation of existing trees. Although the pump station would be owned by the city, he would like to see the homeowners association assume the cost of maintaining it. Mr. Mukite stated that a tree study had been conducted previously. He said there are no trees older than fifty years since the owners DECEMBER 3, 2008 VOLUME LXXIII 844 of the golf course planted all of them when they created the course. He said that all attempts will be made to save as many trees as possible. Councilmember Figueroa asked about the donated park site becoming part of the forest preserve. Mr. Bazos replied that the city had already expressed an interest in the three acre site. The golf course can operate for the next five years. If Cook County expresses an interest, they could buy part of the course at the end of the five years. Councilmember Gilliam said that no prospective homeowner should be given a promise that the golf course will continue to operate. Mr. Bazos said it will be stated that the golf course will continue for no more than five years and then it will become part of a park. Councilmember Steffen asked if a convenient store or a strip mall is a permitted use in the commercial area and Mr. Bazos said it would not be included. Members of the audience were then invited to speak. Paul Halverson expressed concerns about the density of the project, the financial impact, water quality, traffic, and safety, and presented a petition against the project. Phil Jeleniewski expressed concerns about flooding of Poplar Creek at the south end of the property. Teri Bloomquist stated she felt this was an unnecessary project in the current economic time. She also felt it would have a huge impact on traffic, especially around the school. She would like to see consideration of the project delayed until the traffic study is completed. Councilmember Kaptain asked how many students walk to the nearby school. She replied that currently the students don’t walk because there are no sidewalks. William Peterson stated the school is a “bus” school and that many of the students are driven. He also expressed his concerns about the density of the proposed development and the affect on traffic. He is opposed to the development in that location. Ruth Fram stated that traffic is horrendous and that a traffic study needs to be done. She would like to see stoplights at the Bode/Rohrssen intersection. Bart Barrow, president of the Chapel Creek Homeowners Association, expressed concerns about the traffic flow. He feels this is an urban development being placed in a rural atmosphere. He also stated concerns about the entrance to the development being too close to the intersection of Bode and Rohrssen Roads. He feels that too many trees will be removed, that the number of variations are unreasonable, and that the residences are too close to each other. Al Nelson wondered if Cook County would be interested in the golf course and if U-46 has done a student load study. He also has concerns about flooding especially near the bridge on Bode. He stated that his residence is in a “bowl” and wondered how the exit pipe for drainage will be maintained. Councilmember Steffen asked if Mr. Hanlon could address this issue. Mr. Hanlon DECEMBER 3, 2008 VOLUME LXXIII 845 stated that their civil engineers were aware of the exit pipe and that this has been incorporated into their plans such that the drainage will be taken south through the property. Darien Harris stated he was wondering what benefits this development would bring and how it would affect his property values. He said this is the last open piece of land in the area and would like to see this project moved to a different site. He does not see any benefit to this proposal. Bill Zumbeck expressed his concerns about water run off and the retention pond near the school. He feels it is taking it on faith that the proposed plan to take care of the water will work. The runoff is becoming worse and the amount is increasing. There being no further comments, Mayor Schock declared the public hearing closed. PETITION 05-08 APPROVED REQUESTING ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR A COMMERCIAL AND RESIDENTIAL SUBDIVISION TO BE KNOWN AS HIDDEN CREEK AT ROLLING KNOLLS; PROPERTY LOCATED AT 1600 ROHRSSEN ROAD BY FOURFATHERS DEVELOPMENT, LLC, AS APPLICANT AND LINKS LIMITED PARTNERSHIP AND ROLLING KNOLLS, INC., AS OWNERS. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve Petition 05-08 subject to conditions, the traffic study, and the homeowners association paying the costs to maintain the sewer pump. Councilmember Kaptain stated he wants the traffic study done prior to any road construction. Councilmember Walters asked that permeable pavers be incorporated into the project in any way possible. Mayor Schock stated that it was ironic that there are so many complaints about this development. He pointed out that this is a small custom home builder developer who is being saddled with additional costs that no other developer in this area has had to pay. He said that the problems described were not of their doing, but because they are the last developer in this area, they are being asked to fix all of the problems. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE CASTLE CREEK SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN Mayor Schock declared the public hearing open. DECEMBER 3, 2008 VOLUME LXXIII 846 Community Development Director Deering stated this would be for the maintenance of storm water facilities in case the homeowners association failed to maintain them properly. Mayor Schock declared the public hearing closed. PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE CREEKSIDE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN Mayor Schock declared the public hearing open. Community Development Director Deering stated this would be for the maintenance of storm water facilities in case the homeowners association failed to maintain them properly. Gail Sleissinger spoke on behalf of the Creekside Homeowners Association. She said they did not feel this special service area was necessary as these services are already being provided by the homeowners association. She submitted a petition of protest to the Council. Mayor Schock asked Mr. Deering to clarify that this was a backup in case the homeowners association failed to maintain the area. Mr. Deering confirmed this was being formed only as a backup. Councilmember Walters wondered what happens when a homeowners association opposes the formation of a special service area. Corporation Counsel William Cogley stated that he would have to review the annexation agreement to see if there is any waiver for objection. Mayor Schock declared the public hearing closed. RESOLUTION 08-274 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR GOOD SHEPHERD Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to remove Resolution 08-274 from the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember Steffen 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. DECEMBER 3, 2008 VOLUME LXXIII 847 Resolution No. 08-274 RESOLUTION APPROVING FINAL PLAT OF SUBDIV ISION FOR GOOD SHEPHERD CROSSING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Craig R. Knoche & Associates Civil Engineers, P.C. dated October 30, 2008 for the Good Shepherd Crossing Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 2008 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-290 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDED FACADE IMPROVEMENT PROGRAM AGREEMENT WITH MAD MAGGIE’S, INC. Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-290 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDED FACADE IMPROVEMENT PROGRAM AGREEMENT WITH MAD MAGGIES’ INC. (51 South 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 First Amended Facade Improvement Program Agreement on behalf of the City of Elgin with Mad Maggies, Inc. for the property commonly known as 51 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 3, 2008 VOLUME LXXIII 848 Presented: December 3, 2008 Adopted: December 3, 2008 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-291 ADOPTED AUTHORIZING EXECUTION OF A GREASE TRAP INCENTIVE PROGRAM AGREEMENT WITH MAD MAGGIE’S INC. Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-291 RESOLUTION AUTHORIZING EXECUTION OF AN ELGIN GREASE TRAP INCENTIVE PROGRAM AGREEMENT WITH MAD MAGGIES, INC. (51 South 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 an Elgin Grease Trap Incentive Program Agreement on behalf of the City of Elgin with Mad Maggies, Inc., for the property located at 51 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 2008 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 3, 2008 VOLUME LXXIII 849 RESOLUTION 08-292 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AND INTERCREDITOR AGREEMENT WITH THE COUNTY OF COOK, THE CITY OF ELGIN AND SQUIRE VILLAGE PRESERVATION, NFP Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-292 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AND INTERCREDITOR AGREEMENT WITH THE COUNTY OF COOK AND SQUIRE VILLAGE PRESERVATION, II, LLC RELATING TO THE ACQUISITION AND IMPROVEMENT OF THE SQUIRE VILLAGE TOWNHOME DEVELOPMENT 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 and Intercreditor Agreement on behalf of the City of Elgin with the County of Cook and Squire Village Preservation II, LLC relating to the acquisition and improvement of the Squire Village Townhome Development, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 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. DECEMBER 3, 2008 VOLUME LXXIII 850 PAYEE AMOUNT REASON Badger Meter Milwaukee, WI $65,023.58 Water meters throughout the City Seyfarth Shaw Chicago, IL $51,158.53 Legal services for City CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G77-08 through G79-08 and adopt Resolution Nos. 08-284 through 08-289 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-284 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF PORTABLE RADIO BATTERIES FOR FIRE STATION 7 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. 08-284 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF PORTABLE RADIO BATTERIES FOR FIRE STATION 7 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 are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Motorola, Inc. for the purchase of portable radio batteries for fire station 7, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 3, 2008 VOLUME LXXIII 851 Presented: December 3, 2008 Adopted: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-285 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WALKER RESTORATION CONSULTANTS REGARDING THE SYMPHONY WAY PARKING DECK 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. 08-285 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WALKER RESTORATION CONSULTANTS REGARDING THE SYMPHONY WAY PARKING DECK 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 are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Walker Parking Restoration Consultants for professional services regarding the Symphony Way parking deck, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 3, 2008 VOLUME LXXIII 852 RESOLUTION 08-286 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR THE 2005-08 MOTOR FUEL TAX PROGRAM 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. 08-286 RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR THE 2005-08 MOTOR FUEL TAX PROGRAM 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 agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc. for the 2005-08 Motor Fuel Tax Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-287 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUNGARD PUBLIC SECTOR, INC. FOR CLICK2GOV APPLICANTS AND UTILITY BILLING MODULES 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. DECEMBER 3, 2008 VOLUME LXXIII 853 Resolution No. 08-287 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUNGARD PUBLIC SECTOR, INC. FOR CLICK2GOV APPLICANTS AND UTILITY BILLING MODULES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Sungard Public Sector, Inc. for Click2Gov Applicants and Utility Billing Modules, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-288 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT WITH HANOVER TOWNSHIP ROAD DISTRICT FOR USE OF SALT STORAGE FACILITY 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. 08-288 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT WITH HANOVER TOWNSHIP ROAD DISTRICT FOR USE OF SALT STORAGE FACILITY 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 Agreement with Hanover Township Road District on behalf of the City of Elgin in connection with the use of the City’s salt storage facility at 526 Shales Parkway, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 3, 2008 VOLUME LXXIII 854 Presented: December 3, 2008 Adopted: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-289 ADOPTED APPROVING ALDI’S FINAL PLAT OF SUBDIVISION (799 SUMMIT STREET) 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. 08-289 RESOLUTION APPROVING ALDI’S FINAL PLAT OF SUBDIVISION (799 Summit Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Bradley E. Hattendorf Professional Land Surveyor dated October 6, 2008 for Aldi’s Final Plat of Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 3, 2008 VOLUME LXXIII 855 ORDINANCE G77-08 PASSED GRANTING A CONDITIONAL USE FOR A DRINKING PLACE AND AN OUTDOOR EATING AND DRINKING FACILITY IN THE CC2 CENTER CITY DISTRICT (231 DOUGLAS AVENUE) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G77-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DRINKING PLACE AND AN OUTDOOR EATING AND DRINKING FACILITY IN THE CC2 CENTER CITY DISTRICT (231 Douglas Avenue) WHEREAS, written application has been made requesting conditional use approval for a drinking place and outdoor eating and drinking facility in the CC2 Center City 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 November 5, 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 drinking place and outdoor eating and drinking facility in the CC2 Center City District at 231 Douglas Avenue and legally described as follows: Lots 27, 28, and 29 and the Northerly Half of the Vacated Alley Lying Southerly of the adjoining Said Lot, Except the North 60 Feet thereof, in Phineas J. Kimball Jr.’s Second Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property commonly known as 231 Douglas Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted with the development application and cover letter submitted by Joseph Mastrangelo, dated May September 22, 2008. DECEMBER 3, 2008 VOLUME LXXIII 856 2. 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: December 3, 2008 Passed: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 4, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G78-08 PASSED AMENDING CHAPTER 17.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PARK SITE” Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G78-08 AN ORDINANCE AMENDING CHAPTER 17.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PARK SITE” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 17.04.030 of the Elgin Municipal Code, 1976, as amended, entitled “Park Site” be and is hereby further amended to read as follows: DECEMBER 3, 2008 VOLUME LXXIII 857 17.04.030: PARK SITE: The following criteria shall govern the calculation of the park site development impact fee: A. Requirement and Population Ratio: The ultimate population to be generated by the residential development shall be directly related to the amount of land that would be required for a park site. The park site development impact fee requirement shall be determined by obtaining the product of the following: 1) estimated projected population of a proposed residential development to be served by the park system divided by 2) one thousand (1,000) times 3) ten (10) which is the recommended total number of acres of park site for all park classifications as established in this Section. The product thereof shall be the acres of land deemed needed to have sufficient park site land to serve the estimated increased population. The park site development impact fee shall be the cash amount equal to the product of the number of acres required for park site times the fair-market value of land per acre established in this Chapter. B. Park Site Classification and Acreage Per Population: Park site classifications shall consist of neighborhood parks, community parks and regional parks. T he minimum acres of park site per one thousand (1,000) population shall be a total of ten (10) acres for all such park classifications. C. Location: Where the dedication of land is required in lieu of a development impact fee, the Comprehensive Plan and/or the Parks and Recreation Master Plan as adopted by the City shall be used as guidelines in locating sites. Dedication of land for a neighborhood park shall be required within a residential development in lieu of a development impact fee in all instances where practical. Factors affecting the location of required park site dedication shall include, but not be limited to: 1. Accessibility to population served; 2. Existence of mature vegetation; 3. Proximity to permanent and seasonal waterways; 4. Existence of or proximity to unique topographical features; 5. The value of the site as an extension of existing elements of the park system. D. Credit for Private Park Site: Where a private park site is included on a site plan, or in a proposed subdivision or planned unit development, and is designed to serve the immediate and future park needs of the residents of that subdivision or development; credit toward the required park site development impact fee may be given. The extent of such credit shall be at the sole discretion of the City Council and shall be based upon the needs of the projected residents in conformance with the total park plan for the general area. Where a private park site credit is given, the credit shall be subtracted from the park site development impact fee requirement as established in this Chapter. The developer or subdivider shall guarantee that the DECEMBER 3, 2008 VOLUME LXXIII 858 private park shall be permanently maintained for such use by the execution of appropriate legal documents. E. Credit for Public Park Land Development: Where a public park site in an approved residential subdivision or planned development, designed to serve the immediate and future needs of the residents of that subdivision or planned development, is improved by the developer, credit toward the required park site development impact fee may be given. The extent of such credit shall be at the sole discretion of the City Council and shall be based upon 1) the needs of the projected residents, 2) conformance with the total parks plan for the general area, and 3) a recommendation from the Director of the Parks and Recreation Department. Where a public park land development credit is given, the credit shall be subtracted from the park site development impact fee requirement as established in this Chapter. (Ord. G42-98 ? 1, 1998; Ord. G7-91 ? 2, 1991)” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. 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: December 3, 2008 Passed: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 4, 2008 Published: December 5, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G79-08 PASSED AMENDING CHAPTER 5.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PECUNIARY INTEREST IN CONTRACTS” Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 3, 2008 VOLUME LXXIII 859 Ordinance No. G79-08 AN ORDINANCE AMENDING CHAPTER 5.24 OF THE ELGIN MUNICIPAL CODE 1976, AS AMENDED, ENTITLED "PECUNIARY INTEREST IN CONTRACTS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 5.24.020 of the Elgin Municipal Code entitled "Prohibitions Regarding Former Officers or Employees" be and is hereby further amended by amending subparagraph A thererof to read as follows: "A. The prohibitions regarding pecuniary interests in contracts, an interest in the sale of any article or an interest in the purchase of any property as provided for in this chapter shall also apply to all city officers and full-time employees and the members of the immediate families of city officers and full-time employees for a period of one year from the date of termination of service or employment with the city. Notwithstanding the foregoing, such one year prohibition shall not apply to any former city officers or full-time employees and the members of the immediate families of city officers and full-time employees when the city officer or full-time employee was involuntarily separated from employment with the city while in good standing, such former city officer or full-time employee is an employee of a company or owns or holds an interest of one percent (1%) or less in the former city officer's or employee's individual name in a company, or both, and such former city officer or employee refrains from participating in the negotiation of any new contracts with the city for the period of one year from the date of termination or service or employment with the city." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect immediately after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Passed: December 3, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 4, 2008 Published: December 5, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 3, 2008 VOLUME LXXIII 860 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa 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. Telecommunication Tax Report Sales Tax Report Income Tax Report Civil Service Commission Minutes for February 7, March 6, May 1, June 5, August 7, September 4, and October 2, 2008 Design Review Subcommittee Minutes for October 28, 2008 Board of Fire & Police Commissioners Minutes for January 10, April 10, and June 12, 2008 Elgin Fire Pension Fund Minutes for January 22, March 25, May 27, June 24, July 22, August 26, and October 28, 2008 Plumbing Commission Minutes for January 15 and January 22, 2008 Committee of the Whole Minutes for November 5, 2008 City Council Minutes for November 5, 2008 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Steffen, 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 9:00 p.m. s/ Diane Robertson December 17, 2008 Diane Robertson, City Clerk Date Approved