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HomeMy WebLinkAboutx - December 17, 2008 CC861 VOLUME LXXIII DECEMBER 17, 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 17, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:55 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Councilmember Bob Gilliam. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE DECEMBER 3, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the December 3, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS None RECOGNIZE PERSONS PRESENT Dan Miller stated that he was very pleased with the results of odd/even parking ban trials. He would like to see the ban put into effect permanently. Debbie Miller announced there would be an upcoming Elgin healthcare community discussion and she asked if the room rental fee for the Heritage Ballroom could be waived. She also asked for any volunteers to assist with the meeting. The Downtown Neighborhood Association Window Wonderland Committee announced the window winners and thanked the various sponsors for their support. Mayor Schock thanked DNA for their efforts. DECEMBER 17, 2008 VOLUME LXXIII 862 Julie Schmitt stated she was very pleased with the odd/even parking ban and she hoped that the leaf pickup could be improved. Doug Heaton expressed his concerns about screening of illegal aliens. He would like to see real time reporting to I.C.E. instead of at the end of the month. Nabil El-Sorrogy stated that he would like to see the taxi chauffeur license process changed. He would like to have the renewal process available throughout the year instead of just a limited time period. Tim Williams, a member of the Board of Directors of the Boys and Girls Club, thanked the Council for their support with the conduit bond. He reported that the new facility opened in June 2008, and the club is now serving over 1,200 members. He asked for volunteers to help the youths that are currently enrolled. Mayor Schock expressed appreciation to the Board members and volunteers for all of their efforts. BID 08-095 AWARDED TO MARCY RATH AND K’S AUCTION SERVICE FOR AUCTIONEER SERVICES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a one- year contract with an option to renew to Marcy Rath and K’s Auction Service to provide auctioneer services to be paid by percentage based upon auction proceeds, estimated at $8,000 Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-097 AWARDED TO USALCO FOR 2008 WATER TREATMENT CHEMICALS – LIQUID ALUMINUM SULFATE Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a contract to USALCO in the amount of $.2228 per dry pound for an annual estimated cost of $423,320 for the purchase of liquid aluminum sulfate for the Water Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-098 AWARDED TO FIRE TRUCKS OF ILLINOIS, INC. FOR THE PURCHASE OF 26 LENGTHS OF 4” FIREFIGHTING HOSE Councilmember Steffen made a motion, seconded by Councilmember Figueroa, to award a contract to Fire Trucks of Illinois, Inc. in the amount of $10,218 for the purchase of 26 lengths of 4” firefighting hose. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII DECEMBER 17, 2008 863 BID 08-101 AWARDED TO WEST PIER LAUNDRY FOR THE DRY CLEANING SERVICE FOR THE POLICE AND CODE UNIFORMS, AND LAUNDRY SERVICE FOR THE FIRE DEPARTMENT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a contract to West Pier Laundry in the amount of $40,749.90 for the dry cleaning service for the Police and Code uniforms, as well as laundry service for the Fire Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-104 AWARDED TO TRINE CONSTRUCTION CORPORATION TO REPLACE THE GRATINGS ON 677 FEET OF FLOOR DRAINS IN THE VEHICLE STORAGE AREA OF THE PUBLIC WORKS FACILITY Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award a contract to Trine Construction Corporation in the amount of $51,400 for the replacement of the gratings on 677 feet of floor drains in the vehicle storage area of the Public Works facility. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING FOR THE 2009 PROPOSED CITY OF ELGIN BUDGET Mayor Schock declared the public hearing open. Assistant City Manager Stegall stated that the 2009 budget will be $275 million which is less than the previous year. He listed several reallocations that had been made per Council request. Bill Jones, a member of the audience, stated that he was pleased with the sewer separation project. Councilmember Kaptain thanked staff for their hard work on the budget. Mayor Schock declared the public hearing closed. ORDINANCE T42-08 PASSED ADOPTING THE 2009 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Councilmember Walters made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 17, 2008 VOLUME LXXIII 864 Ordinance No. T42-08 AN ORDINANCE ADOPTING THE 2009 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 2009; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least seven days; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget officer and placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 2009 and is attached hereto. Section 2. That the budget officer is hereby authorized and directed to cause to be prepared and published the 2009 annual budget. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2009. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Passed: December 17, 2008 Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: December 19, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII DECEMBER 17, 2008 865 ORDINANCE T43-08 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 2008 AND ENDING DECEMBER 31, 2008 Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T43-08 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the State of Illinois, did on the 17th of December, 2008 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 2009, the amount of which is ascertained to be the aggregate sum of $274,715,840. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection for the public health, safety, morals and welfare; to license; to tax; and to incur debt.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: Section 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 200 8, the total sum of $50,390,620 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading “To Be Raised By Taxation” which appears over the same, the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: GENERAL CORPORATE PURPOSES In Accordance with Provisions of the 1970 Constitution of Illinois, Article 7 Amount Appropriated Estimated Receipts From Other Sources To Be Raised By Taxation 01 Mayor & City Council 200,350 200,350 02 City Clerk 203,610 203,610 03 Office of the City Manager 1,379,750 1,379,750 05 Legal 927,630 927,630 06 Human Resources 1,054,450 1,054,450 DECEMBER 17, 2008 VOLUME LXXIII 866 15 Planning & Neighborhood Services 829,190 829,190 16 Code Administration & Development Services 3,350,880 3,350,880 17 Business Services - Economic Development 260,590 260,590 19 Boards & Commissions 294,920 294,920 20 Finance 2,011,410 2,011,410 21 MIS 960,170 960,170 22 Purchasing & Risk Management 508,860 508,860 23 Police Department 30,998,010 9,416,931 21,581,079 24 Civil Defense - Emergency Operations 181,870 181,870 28 Fire Department 19,278,550 5,856,659 13,421,891 33 Public Works 17,670,610 17,670,610 37 Building Maintenance 2,186,910 2,186,910 69 Non-Departmental 8,171,300 8,171,300 TOTAL – GENERAL CORPORATE PURPOSES $90,469,060 $55,466,090 $35,002,970 Add: 1% for Loss of Collection 350,030 TOTAL AMOUNT TO BE RAISED BY TAXATION - GENERAL CORPORATE PURPOSE $35,353,000 SPECIAL CORPORATE PURPOSES 201 Public Benefit Fund $4,730 $4,730 $0 Add: 1% for Loss of Collection 0 TOTAL AMOUNT TO BE RAISED BY TAXATION - PUBLIC BENEFIT $0 220 Emergency Telephone System (E911) $2,009,360 $2,009,360 230 Community Dev. Grant 1,534,750 1,534,750 240 Spring St Parking Dist. 167,760 167,760 250 Drug Asset Forfeiture Fund 208,170 208,170 251 Auto Theft Task Force 0 0 260 S. Grove Special Tax Allocation Fund 1,325,830 1,325,830 261 Dundee Special Tax Allocation Fund 530,900 530,900 262 Central Area Tax Allocation Fund 6,535,520 6,535,520 263 U.S. Rte. 20 Tax Allocation Fund 40,000 40,000 275 Elgin Riverboat Fund 36,615,360 36,615,360 276 Elgin Riverboat Lease 4,836,720 4,836,720 280 Illinois Municipal Retirement Fund 11,081,470 6,725,034 $4,356,436 Add: 1% for Loss of Collection 43,564 TOTAL AMOUNT TO BE RAISED BY TAXATION – IMRF $4,400,000 290 Motor Fuel Tax Fund 3,133,520 3,133,520 294 Cemetery Operating 501,280 501,280 296 Elgin Recreation 9,946,910 9,946,910 301 Corporate Bond Fund 15,575,590 9,142,303 $6,433,287 Add: 1% for Loss of Collection 64,333 VOLUME LXXIII DECEMBER 17, 2008 867 TOTAL AMOUNT TO BE RAISED BY TAXATION – CORPORATE BOND FUND $6,497,620 Capital Improvement Funds 340 Park Development Fund 4,264,160 4,264,160 378 Tyler Creek 940,000 940,000 396 1996 GO Bond Project Fund 123,100 123,100 399 1999 GO Bond Project Fund 173,000 173,000 380 2000 GO Bond Project Fund 490,000 490,000 381 2001 GO Bond Project Fund 238,150 238,150 382 2002 GO Bond Project Fund 18,000 18,000 383 2003 GO Bond Project Fund 825,000 825,000 384 2004 GO Bond Project Fund 1,030,000 1,030,000 365 2005 GO Bond Project Fund 1,532,000 1,532,000 366 2006 GO Bond Project Fund 2,590,000 2,590,000 367 2007 GO Bond Project Fund 2,290,000 2,290,000 368 2008 GO Bond Project Fund 1,050,000 1,050,000 385 Capital Improvement Fund 510,490 510,490 Enterprise Funds 401 Water Operating Fund 22,326,340 22,326,340 420 Water Development Fund 5,983,320 5,983,320 430 Sewer Operating Fund 4,819,160 4,819,160 440 Sewer Development Fund 9,677,490 9,677,490 540 Golf Operating Fund 2,021,600 2,021,600 Internal Service Funds 601 Equipment Replacement 3,866,230 3,866,230 630 Risk Management Fund 4,912,080 4,912,080 635 Medical Insurance 10,001,460 10,001,460 Trust and Agency Funds 520 Cemetery Perpetual Care Fund 65,100 65,100 636 Retiree Medical Insurance 1,162,330 1,162,330 701 Police Pension Fund 5,059,800 2,921,186 $2,138,614 Add: 1% for Loss of Collections 21,386 TOTAL AMOUNT TO BE RAISED BY TAXATION - POLICE PENSION $2,160,000 711 Fire Pension Fund 4,230,100 2,269,704 $1,960,396 Add: 1% for Loss of Collections 19,604 TOTAL AMOUNT TO BE RAISED BY TAXATION - FIRE PENSION $1,980,000 TOTAL SPECIAL CORPORATE PURPOSES $184,246,780 $169,358,047 $14,888,733 Add: 1% for Loss of Collections 148,887 TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES $15,037,620 GRAND TOTAL – APPROPRIATION ALL DECEMBER 17, 2008 VOLUME LXXIII 868 PURPOSES $274,715,840 TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION $224,824,137 TOTAL TO BE RAISED BY TAXATION $49,891,703 Add: 1% for Loss of Collections 498,917 TOTAL AMOUNT TO BE RAISED BY TAXATION $50,390,620 The total amount of $50,390,620 levied by this ordinance for all funds. Section 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Section 3. That the City Clerk be and she is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Passed: December 17, 2008 Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: December 19, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T44-08 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO Councilmember Kaptain 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. VOLUME LXXIII DECEMBER 17, 2008 869 Ordinance No. T44-08 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Two has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Two in the City of Elgin” passed and effective on September 7, 1977; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Two are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Two, subject to taxation for the year 20 08, the sum total of $80,500 for the following purposes. Estimated Receipts From Sources To Be 2009 Other Than Raised By Appropriation Taxation Taxation Debt Services – for operations and maintenance of parking facility $167,760 $88,057 $79,703 Total appropriation $167,760 Total revenues from sources other than Taxation $88,057 Amount to be raised by taxation $79,703 Add: 1% for loss of collection 797 Total amount to be raised by taxation for Special Service Area Number Two purposes $80,500 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Two. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby DECEMBER 17, 2008 VOLUME LXXIII 870 ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Passed: December 17, 2008 Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: December 19, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-312 ADOPTED ADOPTING THE FIVE-YEAR FINANCIAL PLAN Councilmember Walters made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-312 RESOLUTION ADOPTING THE FIVE-YEAR FINANCIAL PLAN WHEREAS, the City of Elgin has conducted an extensive dialogue with the community in drafting a Five-Year Financial Plan (2009-2013); and WHEREAS, the Elgin City Council and staff engaged in strategic planning discussions throughout 2008; and WHEREAS, strategic goals for the community were formulated from extensive dialogue and incorporated into the 2009 Budget and 2009-2013 Financial Plan; and WHEREAS, the City Council has conducted extensive budget reviews and policy discussions throughout the months of November and December; and VOLUME LXXIII DECEMBER 17, 2008 871 WHEREAS, the Proposed 2009 Budget and 2009-2013 Financial Plan have been placed on file for public review with the City Clerk and at the Gail Borden Public Library. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Five-Year Financial Plan is hereby adopted as a policy document of the city to guide strategic planning and operations. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE CEDAR GROVE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN Mayor Schock declared the public hearing open. Community Development Director Deering stated this special service area was for storm water control. There were no other comments. Mayor Schock declared the public hearing closed. PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN Mayor Schock declared the public hearing open. Community Development Director Deering stated this special service area was for storm water control. There were no other comments. Mayor Schock declared the public hearing closed. DECEMBER 17, 2008 VOLUME LXXIII 872 RESOLUTION 08-313 ADOPTED IN OPPOSITION TO THE AMENDMENT TO SB 2083 CREATING THE EMERGENCY BUDGET ACT OF FISCAL YEAR Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-313 RESOLUTION IN OPPOSITION TO THE AMENDMENT TO SB 2083 CREATING THE EMERGENCY BUDGET ACT OF FISCAL YEAR WHEREAS, distributions from the Local Government Distributive Fund are an integral component of the municipal finance system, and WHEREAS, the Cities and Villages in the State of Illinois carefully planned in reliance on these distributions to provide vital services to their citizens, and WHEREAS, the Cities and Villages in the State of Illinois perform vital functions that, if not for the Cities’ and Villages’ performance, the State of Illinois would be required to perform, and WHEREAS, diverting these funds for State use would destroy the careful planning of municipalities and would hamper the ability of municipalities to provide those services, and WHEREAS, diverting these funds would also severely cripple the ability of municipalities to craft their own budgets or to borrow money, and WHEREAS, the same dwindling revenue streams that have impacted the State also impact municipalities, and WHEREAS, municipalities and counties would see exactly the same reduction in their Local Government Distributive Fund distributions as does the State when income tax revenue declines, and WHEREAS, the State’s proposal to divert Local Government Distributive Funds would make next year’s receipts fall by more than eleven (11) percent, and WHEREAS, these revenues have long been considered a sacred trust in the relationship between city and State, VOLUME LXXIII DECEMBER 17, 2008 873 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLIN OIS, that the City of Elgin opposes any legislation that would divert funds from the Local Government Distributive Funds for use by the State. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-314 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH MIDWEST ACADEMY OF TAEKWON-DO Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Mayor Schock. Nays: None. Councilmember Walters abstained due to a conflict of interest. Resolution No. 08-314 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE MIDWEST ACADEMY OF TAEKWON DO 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 Service Agreement in the amount of $22,150 on behalf of the City of Elgin with the Midwest Academy of TaeKwon Do for martial arts instruct ion at The Centre, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 17, 2008 VOLUME LXXIII 874 Presented: December 17, 2008 Adopted: December 17, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-315 ADOPTED AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH JOSHUA HARRIS FOR REDEVELOPMENT OF 373 PARK STREET Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Councilmember Steffen abstained due to a conflict of interest. Resolution No. 08-315 RESOLUTION AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH JOSHUA HARRIS FOR REDEVELOPMENT OF 373 PARK STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Redevelopment Agreement on behalf of the City of Elgin with Joshua Harris for redevelopment of the property at 373 Park Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII DECEMBER 17, 2008 875 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Reinders Inc. Elm Grove Ark, WI $22,345.96 Grass Seed & Vibe Roller for Bowes Creek Golf Course to be reimbursed by Toll Brothers CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G80-08 through G85-08 and adopt Resolution Nos. 08-293 through 08-311 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-293 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GIFFORD 300, L.L.C. IN CONNECTION WITH THE BLUFF CITY QUARRY AREA PROPOSED TIF DISTRICT 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. 08-293 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GIFFORD 300, L.L.C. IN CONNECTION WITH THE BLUFF CITY QUARRY AREA PROPOSED TIF DISTRICT 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 Gifford 300, L.L.C. for reimbursement to the City of Certain Costs relating to Bluff City Quarry Area proposed TIF District, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 17, 2008 VOLUME LXXIII 876 Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-294 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH KANE, MCKENNA AND ASSOCIATES, INC. FOR CONSULTANT SERVICES REGARDING THE BLUFF CITY QUARRY AREA PROPOSED TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA 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. 08-294 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KANE, McKENNA AND ASSOCIATES, INC. FOR CONSULTANT SERVICES REGARDING THE BLUFF CITY QUARRY AREA PROPOSED TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA 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 Kane, McKenna and Associates, Inc. for consultant services regarding the Bluff City Quarry Area Proposed Tax Increment Financing Redevelopment Project Area, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII DECEMBER 17, 2008 877 RESOLUTION 08-295 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH COMPLUS DATA INNOVATIONS, INC. FOR AUTOMATED PARKING CITATION MANAGEMENT SYSTEM 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. 08-295 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COMPLUS DATA INNOVATIONS, INC. FOR AUTOMATED PARKING CITATION MANAGEMENT SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Complus Data Innovations, Inc. for automated parking citation management system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-296 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADESTA, L.L.C. FOR INSTALLATION OF FIBER OPTIC CABLE 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. DECEMBER 17, 2008 VOLUME LXXIII 878 Resolution No. 08-296 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADESTA, LLC FOR INSTALLATION OF FIBER OPTIC CABLE 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 Adesta, LLC for installation of fiber optic cable, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-297 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF AN EMERGENCY E911 SYSTEM UPGRADE 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. VOLUME LXXIII DECEMBER 17, 2008 879 Resolution No. 08-297 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF AN EMERGENCY E911 SYSTEM UPGRADE 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 the Emergency E911 system upgrade, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-298 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DSM DESOTECH, 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. 08-298 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH INC. WHEREAS, DSM Desotech, Inc., a Delaware corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and DECEMBER 17, 2008 VOLUME LXXIII 880 WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM, Desotech Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-299 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS 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. 08-299 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS WHEREAS, Illinois Tool Works, an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the VOLUME LXXIII DECEMBER 17, 2008 881 City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-300 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ST. CHARLES PROPERTIES 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. 08-300 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES WHEREAS, St. Charles Street Properties, an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 17, 2008 VOLUME LXXIII 882 Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-301 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DIXON DANCE ACADEMY 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. 08-301 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DIXON DANCE ACADEMY 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 service agreement on behalf of the City of Elgin with the Dixon Dance Academy in the amount of $37,260 to provide dance instruction at The Centre for the year 2009, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII DECEMBER 17, 2008 883 RESOLUTION 08-302 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ALL STAR SPORTS INSTRUCTION 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. 08-302 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE ALL STAR SPORTS INSTRUCTION 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 Service Agreement in the amount of $19,500 on behalf of the City of Elgin with All Star Sports Instruction to provide youth sports instruction at The Centre, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-303 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION PEDESTRIAN AND BICYCLE SAFETY PROGRAM GRANT 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. DECEMBER 17, 2008 VOLUME LXXIII 884 Resolution No. 08-303 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION PEDESTRIAN AND BICYCLE SAFETY PROGRAM GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of $24,255 for pedestrian and bicycle safety program. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-304 ADOPTED PLACING THE “INTERNATIONAL PROPERTY MAINTENANCE CODE, 2006 EDITION” ON FILE WITH THE CITY CLERK FOR PUBLIC INSPECTION AND EXAMINATION 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. 08-304 RESOLUTION PLACING THE “INTERNATIONAL PROPERTY MAINTENANCE CODE, 2006 EDITION” ON FILE WITH THE CITY CLERK FOR PUBLIC INSPECTION AND EXAMINATION WHEREAS, the City of Elgin is considering adopting by reference the International Property Maintenance Code, 2006 Edition, as the regulations for the minimum requirements and VOLUME LXXIII DECEMBER 17, 2008 885 standards for existing residential and non residential structures and premises in the City of Elgin; and, WHEREAS, the International Property Maintenance Code, 2006 Edition, has been published by the International Code Council, Inc., Country Club Hills, Illinois; and, WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-2) authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that one copy of such regulations or public records is filed with the City Clerk for a period of thirty (30) days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a copy of the International Property Maintenance Code, 2006 Edition, be and is hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty days. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-305 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (GALT BOULEVARD - LAMBERT LANE – RIEMER PARCEL) 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. 08-305 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (Galt Boulevard-Lambert Lane – Riemer Parcel) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a public street prepar ed by Haeger DECEMBER 17, 2008 VOLUME LXXIII 886 Engineering LLC, an Illinois Land Surveyor, and dated October 14, 2008, for the property legally described as follows: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF OUTLOT “C” OF FINAL PLAT OAK RIDGE PHASE 1, BEING A SUBDIVISION OF PART OF SAID SOUTHEAST QUARTER OF SECTION 20 ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14, 2005 AS DOCUMENT NO. 0507344002, SAID CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF HILLIARD DRIVE AS HERETOFORE DEDICATED BY OAKRIDGE COMMERCIAL PARK, A SUBDIVISION OF PART OF SAID SOUTHEAST QUARTER OF SECTION 20 RECORDED DECEMBER 5, 1988 AS DOCUMENT NO. 88559121; THENCE SOUTH 60 DEGREES 19 MINUTES 17 SECONDS EAST, 260.03 FEET (RECORD BEING SOUTH 60 DEGREES 29 MINUTES 39 SECONDS EAST, 259.87 FEET) ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT “C” TO THE MOST SOUTHERLY CORNER OF SAID OUTLOT “C”, BEING A POINT ON THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK’S DIVISION OF SAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309; THENCE SOUTH 59 DEGREES 43 MINUTES 20 SECONDS WEST (RECORD BEING SOUTH 59 DEGREES 31 MINUTES 38 SECONDS WEST) ALONG THE SOUTHEASTERLY LINE, AS MONUMENTED, OF SAID LOT 17, A DISTANCE OF 70.15 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 46.94 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 46.84 FEET AND A BEARING OF NORTH 66 DEGREES 47 MINUTES 11 SECONDS WEST; THENCE NORTH 60 DEGREES 19 MINUTES 17 SECONDS WEST, 178.37 FEET TO THE AFORESAID SOUTHEASTERLY RIGHT OF WAY LINE OF HILLIARD DRIVE; THENCE NORTH 29 DEGREES 40 MINUTES 43 SECONDS EAST (RECORD BEING NORTH 29 DEGREES 30 MINUTES 21 SECONDS EAST) ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF HILLIARD DRIVE, 66.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Cook County, Illinois. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII DECEMBER 17, 2008 887 Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-306 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (GALT BOULEVARD - LAMBERT LANE – OAK RIDGE OF ELGIN, L.L.C. PARCEL) 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. 08-306 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (Galt Boulevard-Lambert Lane – Oak Ridge of Elgin LLC Parcel) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a public street prepared by Haeger Engineering LLC, an Illinois Land Surveyor, and dated October 14, 2008, for the property legally described as follows: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF OUTLOT “C” OF FINAL PLAT OAK RIDGE PHASE 1, BEING A SUBDIVISION OF PART OF SAID SOUTHEAST QUARTER OF SECTION 20 ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14, 2005 AS DOCUMENT NO. 0507344002; THENCE SOUTH 60 DEGREES 19 MINUTES 17 SECONDS EAST (RECORD BEING SOUTH 60 DEGREES 29 MINUTES 39 SECONDS EAST) ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT “C”, 178.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 60 DEGREES 19 MINUTES 17 SECONDS EAST (RECORD BEING DECEMBER 17, 2008 VOLUME LXXIII 888 SOUTH 60 DEGREES 29 MINUTES 39 SECONDS EAST) ALONG SAID SOUTHWESTERLY LINE OF SAID OUTLOT “C”, 81.66 FEET TO THE MOST SOUTHERLY CORNER OF SAID OUTLOT “C”; THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST (RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST) ALONG THE SOUTHEASTERLY LINE OF SAID OUTLOT “C”, 72.93 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 3.62 FEET TO A POINT OF REVERSE CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 3.62 FEET AND A BEARING OF SOUTH 65 DEGREES 21 MINUTES 29 SECONDS WEST; THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 142.00 FEET AN ARC DISTANCE OF 135.86 FEET TO THE POINT OF BEGINNING, THE CHORD OF SAID ARC HAVING A LENGTH OF 130.74 FEET AND A BEARING OF NORTH 87 DEGREES 43 MINUTES 53 SECONDS WEST, IN COOK COUNTY, ILLINOIS. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Cook County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-307 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (GALT BOULEVARD - LAMBERT LANE – METZGER PARCEL) 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. VOLUME LXXIII DECEMBER 17, 2008 889 Resolution No. 08-307 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (Galt Boulevard-Lambert Lane – Metzger Parcel) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a public street prepared by Haeger Engineering LLC, an Illinois Land Surveyor, and dated October 14, 2008, for the property legally described as follows: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF OUTLOT “C” OF FINAL PLAT OAK RIDGE PHASE 1, BEING A SUBDIVISION OF PART OF SAID SOUTHEAST QUARTER OF SECTION 20 ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14, 2005 AS DOCUMENT NO. 0507344002; THENCE SOUTH 60 DEGREES 19 MINUTES 17 SECONDS EAST, 260.03 FEET (RECORD BEING SOUTH 60 DEGREES 29 MINUTES 39 SECONDS EAST, 259.87 FEET) ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT “C” TO THE MOST SOUTHERLY CORNER OF SAID OUTLOT “C”, BEING A POINT ON THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK’S DIVISION OF SAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309; THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST (RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST) ALONG THE SOUTHEASTERLY LINE OF SAID OUTLOT “C”, 72.93 FEET TO A POINT ON A NON-TANGENT CURVE FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 514.38 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 392.97 FEET AND A BEARING OF SOUTH 43 DEGREES 17 MINUTES 50 SECONDS EAST; THENCE SOUTH 27 DEGREES 32 MINUTES 55 SECONDS WEST, 154.47 FEET TO A CORNER OF LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY TRUSTEES’ DEEDS RECORDED JANUARY 27, 2005 AS DOCUMENT NO. 0502749334 AND DOCUMENT NO. 0502749335; THENCE NORTH 62 DEGREES 27 MINUTES 05 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION LAND, 80.00 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE NORTH 27 DEGREES 32 MINUTES 55 DECEMBER 17, 2008 VOLUME LXXIII 890 SECONDS EAST, 215.96 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHWESTERLY AND WESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 142.00 FEET AN ARC DISTANCE OF 290.05 FEET TO A PO INT OF REVERSE CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 242.19 FEET AND A BEARING OF NORTH 56 DEGREES 37 MINUTES 28 SECONDS WEST; THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 152.07 FEET TO THE AFORESAID SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK’S DIVISION OF SECTION 20, THE CHORD OF SAID ARC HAVING A LENGTH OF 148.71 FEET AND A BEARING OF SOUTH 85 DEGREES 48 MINUTES 13 SECONDS WEST; THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST (RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST) ALONG SAID SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 AND ALONG THE SOUTHEASTERLY LINE OF AFORESAID OUTLOT “C”, 143.08 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Cook County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-308 ADOPTED APPROVING FINAL PLAT OF DIVISION FOR THE ALFT-RANDALL SUBDIVISION, ALSO KNOWN AS HRT MEDICAL OFFICE BUILDING (1600 NORTH RANDALL ROAD) 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. VOLUME LXXIII DECEMBER 17, 2008 891 Resolution No. 08-308 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR THE ALFT-RANDALL DIVISION ALSO KNOWN AS HRT MEDICAL OFFICE BUILDING (1600 North Randall Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat of subdivision prepared by Bollinger, Lach & Associates, Inc., P.C. dated March 20, 2007, and last revised November 20, 2008, for the Alft-Randall Division, also known as HRT Medical Office Building. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-309 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH COPENHAVER CONSTRUCTION FOR ENTRY CORRIDOR IMPROVEMENTS (ILLINOIS ROUTE 25 AND INTERSTATE 90) 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. 08-309 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH COPENHAVER CONSTRUCTION FOR ENTRY CORRIDOR IMPROVEMENTS (Illinois Route 25 and Interstate 90) WHEREAS, the City of Elgin has heretofore entered into a contract with Copenhaver Construction for entry corridor improvements at Illinois Route 25 and Interstate 90; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. DECEMBER 17, 2008 VOLUME LXXIII 892 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-310 ADOPTED ADOPTING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES IN THE ILLINOIS MUNICIPAL RETIREMENT FUND 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. 08-310 RESOLUTION ADOPTING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES IN THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, Section 7-141.1 of the Illinois Pension Code provides that a participating employer may elect to adopt an early retirement incentive program offered by the Illinois Municipal Retirement Fund by adopting a resolution or ordinance; and WHEREAS, the goal of adopting an early retirement program is to realize a substantial savings in personnel costs by offering early retirement incentives to employees who have accumulated many years of service credit; and WHEREAS, implementation of the early retirement program will provide a budgeting tool to aid in controlling payroll costs; and WHEREAS, the City Council of the City of Elgin has determined that the adoption of an early retirement incentive program is in the best interests of the City of Elgin. VOLUME LXXIII DECEMBER 17, 2008 893 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The City of Elgin does hereby adopt the Illinois Municipal Retirement Fund early retirement incentive program as provided in Section 7-141.1 of the Illinois Pension Code. The early retirement incentive program shall take effect on May 11, 2009. Section 2. In order to help achieve a true cost savings, a person who retires under the early retirement incentive program shall lose those incentives if he or she later accepts employment with or enters into a personal services contract with any IMRF employer in any position, except that this restriction does not apply to service in an elective office so long as the annuitant does not participate in the IMRF with respect to that office. Section 3. In order to utilize an early retirement incentive as a budgeting tool, the City of Elgin will use its best efforts either to limit the number of employees who replace the employees who retire under the early retirement incentive program or to limit the salaries paid to the employees who replace the employees who retire under the early retirement incentive program. Section 4. The effective date of each employee's retirement under this early retirement incentive program shall be set by the City of Elgin and shall be no earlier than the effective date of the program and no later than one year after that effective date; except that the employee may require that the retirement date set by the employer be no later than the June 30 next occurring after the effective date of the program and no earlier than the date upon which the employee qualifies for retirement. Section 5. To be eligible for the early retirement incentive under this Section, the employee must have attained age 50 and have at least 20 years of creditable service by his or her retirement date. Section 6. The City Clerk shall promptly file a certified copy of this resolution with the Board of Trustees of the Illinois Municipal Retirement Fund. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 17, 2008 VOLUME LXXIII 894 RESOLUTION 08-311 ADOPTED TO ADOPT AMORTIZATION PERIOD FOR IMRF EARLY RETIREMENT INCENTIVE 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. 08-311 RESOLUTION TO ADOPT AMORTIZATION PERIOD FOR IMRF EARLY RETIREMENT INCENTIVE WHEREAS, on December 17, 2008 the City Council of the City of Elgin adopted Resolution No. 08-310 which established an early retirement incentive through the Illinois Municipal Retirement Fund for its employees; and WHEREAS, Section 7-141.1 of the Illinois Pension Code provides that a participating employer may select an amortization period for the actuarial costs of the incentive which may be no less than 5 years and no greater than 10 years; and WHEREAS, the City of Elgin is prohibited from adopting a subsequent incentive until the actuarial costs of the previous programs are paid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin does hereby request the Illinois Municipal Retirement Fund to amortize the cost of the incentive over a period of six years. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII DECEMBER 17, 2008 895 ORDINANCE G80-08 PASSED ESTABLISHING A PAY PLAN FOR THE POSITIONS OF FIRE LIEUTENANT AND FIREFIGHTER Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G80-08 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE POSITIONS OF FIRE LIEUTENANT AND FIREFIGHTER WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated settlements reached by the City of Elgin and various employee groups; and, WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary plan for Fire Group employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2009, there is hereby established the following schedule of standard monthly and yearly salary ranges for all full time employees in Group F: Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect as of January 1, 2009. s/ Ed Schock Ed Schock, Mayor I II III IV V VI Firefighter $4,619 $4,923 $5,232 $5,543 $5,849 $6,157 $55,430 $59,079 $62,783 $66,513 $70,190 $73,880 Lieutenant $6,636 $6,932 $7,217 $79,632 $83,186 $86,604 DECEMBER 17, 2008 VOLUME LXXIII 896 Presented: December 17, 2008 Passed: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G81-08 PASSED ESTABLISHING A PAY PLAN FOR THE POSITION OF POLICE OFFICER Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G81-08 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE POSITION OF POLICE OFFICER WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated settlements reached by the City of Elgin and various employee groups; and, WHEREAS, the City Council of the City of Elgin has agreed to implement a new salar y plan for Police Group employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2009, there is hereby established the following schedule of standard monthly and yearly salary ranges for all full time employees in Group P: I II III IV V VI Police Officer $4,696 $4,989 $5,487 $5,865 $6,110 $6,456 $56,353 $59,866 $65,849 $70,380 $73,323 $77,475 Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. VOLUME LXXIII DECEMBER 17, 2008 897 Section 3. That this ordinance shall be in full force and effect as of January 1, 2009. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Passed: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G82-08 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G82-08 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.60.050O of the Elgin Municipal Code, 1976, as amended, entitled “Stopping, Standing, Parking Prohibited Where”, be and is hereby further amended by adding the following: “Hickory Place – South – Liberty Street to Gifford Street.” Section 2. That Section 11.60.070 of the Elgin Municipal Code, 1976, as amended, entitled “Limited Parking Areas; One Hour or More” be and is hereby further amended by adding the following: “North Spring Street on the east side thereof from Dexter Avenue to Division Street during the hours of four o’clock (4:00) A.M. and four o’clock (4:00) P.M. on Monday through Friday.” DECEMBER 17, 2008 VOLUME LXXIII 898 Section 3. That Section 11.60.084 of the Elgin Municipal Code, 1976, as amended, entitled “Two Hour Parking Zones” be and is hereby further amended by adding the following: “Chicago Street Bridge, north side thereof, from the Commuter Rail Division of RTA tracks, to Riverside Drive – twelve (12) spaces. “Kimball Street, south side thereof, from Dundee Avenue to Academy Place, six (6).” Section 4. That Section 11.60.84 of the Elgin Municipal Code, 1976, as amended, entitled “Two Hour Parking Zones” be and is hereby further amended by deleting the following: “North Spring Street, east side thereof, from Dexter Avenue to Division Street, the southerly three (3) spaces.” Section 5. That Section 11.60.083.2 of the Elgin Municipal Code, as amended, entitled “Ninety Minute Parking Zones:” be and is hereby further amended by adding the following: “Walnut Avenue – both sides thereof – from State Street to Griswold Street – eight (8) Spaces.” . Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Passed: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: December 19, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII DECEMBER 17, 2008 899 ORDINANCE G83-08 PASSED ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES AND USE OF FACILITIES AND OTHER MATTERS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G83-08 AN ORDINANCE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the fees, charges and rates for 2009 as set forth in the User Fees Exhibit from the adopted 2009 Budget 2009-2013 Financial Plan, attached hereto as Exhibit 1, be and the same are hereby established for the various city services, permits, licenses, use of facilities and other matters as set forth in such attached User Fees Exhibit. Section 2. That Section 2.24.200 of the Elgin Municipal Code, 1976, as amended, entitled “Lot or Grave Space; Purchase Price” be and is hereby further amended to read as follows: “2.24.200 LOT OR GRAVE SPACE; PURCHASE PRICE: A. The purchase price for a lot or grave spaces shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters. B. The City Council, by resolution, may provide that the city enter into contracts for the sale of tracts of lots or graves for a price per grave space other than is provided in this chapter where such agreements provide for the sale of not less than three hundred fifty (350) grave spaces to recognize not-for-profit religious or fraternal organizations, in accordance with terms and conditions established by the council.” Section 3. That Section 2.24.230 of the Elgin Municipal Code, 1976, as amended, entitled “Fees for Burial Services” be and is hereby amended to read as follows: “2.24.230 FEES FOR BURIAL SERVICES: A. Fees for burial services shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters. The superintendent shall demand and receive such DECEMBER 17, 2008 VOLUME LXXIII 900 fees in advance. Fees charged to the account of local undertakers shall be paid within twenty (20) days after services furnished. B. Anyone wishing to purchase perpetual care for any grave space not currently covered by such care shall pay a surcharge equal to five years seasonal care on the number of graves to be covered. The surcharge shall be based on the then current fee for seasonal care. Provided, however, that this surcharge shall be reduced by the amount equal to the then current seasonal care rate multiplied by the number of years, if any, in the five (5) years prior that seasonal care was provided for the grave or grave spaces to be marked. This surcharge is to be deposited in the General Cemetery Fund.” Section 4. That Section 6.65.050 of the Elgin Municipal Code, 1976, as amended, entitled “License Fee; Exempt Facilities” be and is hereby further amended by amending subparagraph A thereof to read as follows: “A. Annual Fee: The annual license fee for a swimming pool shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of city facilities and other matters. Swimming pools operated by the city shall be exempt from the license fee requirement.” Section 5. That Section 9.08.050 of the Elgin Municipal Code, 1976, as amended, entitled “License; Annual Fee” be and is hereby further amended by amending subparagraphs A and B thereof to read as follows: “A. Retail Food Stores: The annual license fee for retail food stores shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters. B. Food Service Establishments: The annual license fee for food service establishments shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters.” Section 6. That Section 14.04.180 of the Elgin Municipal Code, 1976, as amended, entitled “Water Rates; Consumers within the City”, be and is hereby further amended to read as follows: “14.04.180 WATER RATES; CONSUMERS WITHIN CITY: “Water rates for consumers within the city shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of city facilities and other matters.” Such rates shall be collected for all water furnished by the city to any consumer in the city for purposes other than fire protection.” Section 7. That Section 14.08.220 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer Rates”, be and is hereby further amended to read as follows: VOLUME LXXIII DECEMBER 17, 2008 901 “14.08.220 SEWER RATES: “Rates and fees for sanitary sewer service furnished by the city shall be collected by the city and shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters.” Section 8. That Section 16.48 of the Elgin Municipal Code, 1976, as amended, entitled “Fee Schedule for Inspections and Permits”, be and is hereby further amended to read as follows: “16.48 FEE SCHEDULE FOR INSPECTIONS AND PERMITS: 16.48.010: ESTABLISHED: There is established in this chapter a schedule of fees for permits and inspections required by applicable ordinances of the city. 16.48.020: BUILDING; MISCELLANEOUS CONSTRUCTION, ALL USES; HEATING AND AIR CONDITIONING, ALL USES; PLUMBING; ELECTRICAL; AND STREET OPENINGS AND STREET WORK PERMITS: Fees for buildings; miscellaneous construction, all uses; heating and air conditioning, all uses; plumbing; electrical; and street openings and street works permits shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters.” 16.48.030: ADMINISTRATION: A. Fees for permit extensions and for reinspections shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of city facilities and other matters.” B. Penalties shall be added for all work started without a permit, for expediting temporary or regular Certificates of Occupancy, for work not performed by a regis tered contractor, and for reinspection fees, as determined by the code official in an amount up to the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters. C. Plan check fees shall be in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters. D. If a permit has not lapsed, and if no work has been done, a refund may be requested by the applicant. An administrative fee in an amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of DECEMBER 17, 2008 VOLUME LXXIII 902 facilities and other matters will be retained by the city. Plan review fees are not refundable. Requests for refunds must be in writing. E. No permit fee otherwise required by this chapter shall be required of any unit of local government as defined by the Constitution of Illinois, 1970, school district or community college district. The exemptions provided for in this section apply only to fees and shall not exempt or waive the requirements of any permits or inspections otherwise provided. 16.48.040: EXEMPTIONS: A. No fee for permits and inspection shall be required of the Elgin Housing Authority where the work is performed by the Elgin Housing Authority staff. This exemption shall not apply to work bid out to private contractors. B. No fee for permits and inspection shall be required of the Elgin Community College. C. The exemptions provided in this section shall apply only to fees and shall not exempt or waive any permits or inspections otherwise required.” Section 9. That Section 18.44.010 of the Elgin Municipal Code, 1976, as amended, entitled “Annexation”, be and is hereby further amended to read as follows: “18.44.010: ANNEXATION: Requests for annexation and proposed annexation agreement shall be accompanied by the fees as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters.” Section 10. That Section 18.44.020 of the Elgin Municipal Code, 1976, as amended, entitled “Preliminary and Final Plat Filing”, be and is hereby further amended to read as follows: “18.44.020: PRELIMINARY AND FINAL PLAT FILING: A. Preliminary Plat Fee: The submission of the preliminary plat of subdivision or a planned unit development shall be accompanied by the fees as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of city facilities and other matters. B. Final Plat Fee: The submission of the final plat of subdivision shall be accompanied by a fee in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters. C. Transcription of Testimony. In addition to the above fees, each applicant shall pay for the cost of providing for an accurate verbatim account of the testimony before the Planning and Development Commission pertaining to the application. A deposit in the amount as provided in the most recently enacted ordinance establishing fees for various VOLUME LXXIII DECEMBER 17, 2008 903 city services, permits, licenses, use of facilities and other matters shall be made at the time of application. If such costs are less than the deposit, the remainder will be refunded after approval of the final plat by the Planning and Development Commission. If the cost exceeds the deposit, the additional amount shall be paid in full prior to consideration of the final plat by the City Council. D. Legal Publication. In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for legal publication pertaining to the application. A cash deposit in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the city council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the city. E. Impact Assessment: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for any impact assessment required by the Development Administrator. Such impact assessment shall be completed by a consultant of the City’s choice. A cash deposit in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters shall be made at the time of application to cover the direct costs of the impact assessment. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the city council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the city. F. Fees Paid in Full. All fees shall be paid in full prior to consideration by the corporate authorities.” Section 11. That Section 19.85 of the Elgin Municipal Code, as amended, entitled “Fees” be and is hereby amended to read as follows: "19.85.010: PURPOSE AND INTENT: The purpose and intent of the provisions for fees is to recapture a portion of the administrative costs associated with processing applications for annexation, amendments, conditional uses, and variations. 19.85.020: REQUIRED FEES: A. Fees for annexations, annexation agreement review, text amendments, map amendments, planned developments, master concept plans, conditional uses, variations, zoning status reports and conceptual plan review shall be as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters. DECEMBER 17, 2008 VOLUME LXXIII 904 B. A master concept plan provides for the formalized review of a development plan resulting in a nonbinding vote by the appropriate hearing board and the city council. C. A conceptual plan review provides for the informal staff review of documents pertaining to the development of land which will result in an application for annexation, a map amendment, text amendment, conditional use, or variation. No conceptual plan review fee shall be required for the review of a residential variation. The application fees for a conceptual plan review shall be credited towards the fees for a complete application for annexation and/or zoning provided that such application is submitted within six (6) months of the date of the original conceptual plan submittal. D. Hearing Recordation: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for an accurate verbatim acco unt of the public hearing or meeting pertaining to the application. A cash deposit in the amount as provided by the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the city council or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the city. E. Legal Publishing: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for legal publication pertaining to the application. A cash deposit in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the city council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the city. F. Impact Assessment: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for any impact assessment required by the Development Administrator. Such impact assessment shall be completed by a consultant of the city’s choice. A cash deposit in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters shall be made at the time of application to cover the direct costs of the impact assessment. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the city council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the city." VOLUME LXXIII DECEMBER 17, 2008 905 Section 12. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 13. That this ordinance shall be in full force and effect from and after January 1, 2009. s/ Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Passed: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: December 19, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G84-08 PASSED AMENDING CHAPTER 21.01 OF THE ELGIN MUNICIPAL CODE, AS AMENDED, ENTITLED “STORMWATER MANAGEMENT” Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G84-08 AN ORDINANCE AMENDING CHAPTER 21.01 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “STORMWATER MANAGEMENT” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 21.01.020, of the Elgin Municipal Code, 1976, as amended, entitled “Additions, Insertions and Changes” be and is hereby further amended by adding to the listing contained herein the following additional items: “Section 201(d) entitled “General Stormwater Requirements”, shall be amended by adding the following additional text to the end thereof: DECEMBER 17, 2008 VOLUME LXXIII 906 “The minimum freeboard on an overland flow path, regardless of the service area size, shall be one (1) foot.” “Section 203(g)(1) entitled “Site Runoff Storage Requirements (detention)”, shall be amended by adding the following additional text to the end thereof: “A safety and planting ledge shall be incorporated into detention facilities that include retention below normal water level greater than two (2) feet. Said ledge shall be at least six (6) inches but no more than two (2) feet below normal water level and shall extend a minimum distance of ten (10) feet into the pond.” “Section 203(h)(2), entitled "Site Runoff Storage Requirements (Detention)”, shall be amended to read as follows: “The storage facility shall be accessible and easily maintained. For subdivided land, storage facilities shall be located entirely on a lot dedicated therefore and shall have access to a public street. Buildable lots within a subdivision shall not include any portion of a stormwater storage facility. Access shall be via a minimum fifteen foot wide easement to accommodate a minimum twelve foot wide paved access.” Existing Section 203(h)(12) contained therein is hereby amended to read as follows: “Section 203(h)(12), entitled "Site Runoff Storage Requirements (Detention)" shall be amended to read as follows: “The maximum allowable water level fluctuation shall be seven and one- half (7.5) feet.” “Section 203(h)(13) entitled “Site Runoff Storage Requirements (Detention)”, shall be created to read as follows: “The maximum slope on any portion of a storage facility, including access, shall be four foot of run for every one foot of rise (4:1). Exceptions will be made within the retention portion of a pond below normal water level if the facility is designed and intended to create fish habitat.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LXXIII DECEMBER 17, 2008 907 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 17, 2008 Passed: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: December 19, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G85-08 PASSED DISSOLVING THE SOUTH GROVE SPECIAL TAX ALLOCATION FUND Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G85-08 AN ORDINANCE DISSOLVING THE SOUTH GROVE SPECIAL TAX ALLOCATION FUND WHEREAS, the City Council of the City of Elgin adopted Ordinance No. G74-85 on September 9, 1985 to create the “South Grove Special Tax Allocation Fund” for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof for what is commonly referred to as the “South Grove Redevelopment Plan and Project” or the “South Grove Tax Increment Financing (TIF) District,” and; WHEREAS, the City of Elgin adopted Ordinance No. G74-85 in accordance with the “Tax Increment Allocation Redevelopment Act,” 65 ILCS 5/11-74.4-1, et seq., as amended; and WHEREAS, Section 9(c) of the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-9(c)) provides that the method for allocating tax increment allocation financing under the Tax Increment Allocation Redevelopment Act shall terminate when municipality adopts an ordinance dissolving the special tax allocation fund for a redevelopment project area; and DECEMBER 17, 2008 VOLUME LXXIII 908 WHEREAS, the twenty-three year term of the South Grove Redevelopment Plan and Project has expired: and WHEREAS, in accordance with the provisions of Section 9(c) of the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-9(c)), the City of Elgin is required to adopt an ordinance dissolving the South Grove Special Tax Allocation Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The foregoing recitals are substantive and are hereby incorporated in this ordinance as though fully set forth herein. Section 2. The South Grove Special Tax Allocation Fund for the South Grove Redevelopment Plan and Project created pursuant to Ordinance No. G74 -85 is hereby dissolved with respect to the method of extending taxes as provided in Section 9(c) of the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-9(c)). Section 3. The city clerk is hereby directed to record a certified copy of this ordinance with the Kane County Clerk. Section 4. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 5. 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 VOLUME LXXIII DECEMBER 17, 2008 909 Presented: December 17, 2008 Passed: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 18, 2008 Published: December 19, 2008 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, Steffen, Walters, and Mayor Schock. Nays: None. Hotel/Motel Tax Report Cultural Arts Commission Meeting Minutes for November 10, 2008 Disbursement Report Committee of the Whole Minutes for November 19, 2008 City Council Minutes for November 19, 2008 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. He also reminded residents of the on-going food, coat, and toy drives. ADJOURNMENT Councilmember Gilliam 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 8:25 p.m. s/ Diane Robertson January 14, 2009 Diane Robertson, City Clerk Date Approved