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HomeMy WebLinkAboutc - February 11, 2009 CC75 VOLUME LXXIV FEBRUARY 11, 2009 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 February 11, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:08 p.m. The Invocation was given by Sister June Does from Provena St. Joseph Hospital and the Pledge of Allegiance was led by Councilmember Juan Figueroa. ROLL CALL Roll call was answered by Councilmembers Figueroa, Kaptain, Steffen, Walters and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE JANUARY 28, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the January 28, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS Open Door Clinic Day Proclamation Mayor Schock read a proclamation recognizing Open Door Clinic Day. A representative was present to accept the proclamation and she invited everyone to their upcoming event, Everything Chocolate, on February 21, 2009. RECOGNIZE PERSONS PRESENT Eleanor Richoz thanked everyone for the efforts in the building of the Veterans Memorial Park. She also stated that she would like to see Phase II move forward. FEBRUARY 11, 2009 VOLUME LXXIV 76 BID 09-001 AWARDED TO GOLF ROSE ANIMAL SERVICES FOR ANIMAL SHELTER SERVICES Councilmember Walters made a motion, seconded by Councilmember Steffen, to award a contract to Golf Rose Animal Services in the amount of $60,000 for the sheltering of stray animals. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 09-004 AWARDED TO HP INC. FOR THE PURCHASE OF 115 DESKTOP COMPUTERS AND TO GOVCONNECTION, INC. FOR THE PURCHASE OF 115 LCD MONITORS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to HP, Inc. in the amount of $51,290 for the purchase of 115 HP desktop computers and also to award a contract to GovConnection, Inc. in the amount of $13,290.55 for the purchase of 115 19” LCD monitors. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 01-09 APPROVED REQUESTING AN AMENDMENT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NUMBER G61-06, TO PERMIT AN AMUSEMENT AND RECREATION SERVICES ESTABLISHMENT LIMITED TO LASER TAG ARENAS; PROPERTY LOCATED AT 941 SOUTH MCLEAN BOULEVARD; BY HURON INVESTMENT AND DEVELOPMENT CO., LLC, AS APPLICANT, AND 941-943 MCLEAN BLVD., LLC, AS OWNER Community Development Director Deering presented the petition. He stated that the Planning and Development Commission has recommended approval subject to conditions. Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to approve Petition 01-09 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, 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 Risk Resources Elmhurst, IL $22,060.00 Liability Insurance Consulting Services Performed in August and September Teleworks Blacksburg, VA $12,375.00 2009 Annual software maintenance support VOLUME LXXIV FEBRURAY 11, 2009 77 Land Vision St. Charles, IL $11,318.15 Project coordination to handle IDOT issue with access onto Dundee Avenue at Beef Villa restaurant IHC Construction Co LLC Elgin, IL $24,946.40 Water Main repairs on June 15, 2008 & June 16, 2008 Well Spring Oak Park, IL $12,580.20 Geomelt and chlorides for anti icing of road in December 2008 MOTION TO REMOVE ORDINANCE T1-09 FROM THE CONSENT AGENDA Councilmember Figueroa made a motion, seconded by Councilmember Walters, to remove for consideration Ordinance No. T1-09 from the Consent Agenda. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE T1-09 TABLED ESTABLISHING THE CASTLE CREEK SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #22) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Figueroa made a motion, seconded by Councilmember Walters, to table Ordinance No. T1-09. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G7-09, G8-09, S3-09, and T2-09 and adopt Resolution Nos. 09- 19 through 09-25 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 09-19 ADOPTED AUTHORIZING EXECUTION OF AN E-ELGIN INCENTIVE AGREEMENT WITH CSI TECHNOLOGIES, INC. (1 DOUGLAS AVENUE) Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. FEBRUARY 11, 2009 VOLUME LXXIV 78 Resolution No. 09-19 RESOLUTION AUTHORIZING EXECUTION OF AN E-ELGIN INCENTIVE AGREEMENT WITH CSI TECHNOLOGIES, INC. (1 Douglas 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 e-Elgin Incentive Agreement on behalf of the City of Elgin with CSI Technologies, Inc. for the property located at 1 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 11, 2009 Adopted: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-20 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-20 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE 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 Purchase of Service Agreement on behalf of the City of Elgin with the Elgin Area Chamber of Commerce for economic development activity, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV FEBRURAY 11, 2009 79 Presented: February 11, 2009 Adopted: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-21 ADOPTED APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-21 RESOLUTION APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS WHEREAS, the Cultural Arts Commission Grant Program has been established to provide financial assistance for arts programming; and WHEREAS, in 2009 applications have been made for ten projects under the Cultural Arts Commission Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance be provided under the Cultural Arts Commission Grant Program to the following organizations: The following projects are recommended for funding by the Cultural Arts Commission: ORGANIZATION PROJECT AWARD 1 Art For All Winter Show-Paint Your World Green $612 2 Ballet Folklorico Two Dance Performances $5,292 3 Elgin Chapter Barbershop Harmony Society Spring Concert $2,290 4 Elgin Children’s Chorus Hear Freedom Ring Concert $5,376 5 Elgin Choral Union Mendessohn’s Concert $4,861 6 Elgin Youth Symphony Orchestra Discover: Bernstein Concert $5,376 7 Fox Valley Theatre Co. Legends Of Music Production $4,906 8 Heartland Voices Mass of the Children Performance $4,771 9 Independent Players A musical and a comedy production $2,109 FEBRUARY 11, 2009 VOLUME LXXIV 80 10 Janus Theatre Oedipus The King production $5,126 Total: $40,719 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: February 11, 2009 Adopted: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-22 ADOPTED APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH RYAN INCORPORATED CENTRAL FOR CONSTUCTION OF THE HIGHLANDS PHASE II GOLF COURSE Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-22 RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH RYAN INCORPORATED CENTRAL FOR CONSTRUCTION OF THE HIGHLANDS PHASE II GOLF COURSE WHEREAS, the City of Elgin has heretofore entered into a contract with Ryan Incorporated Central for construction of The Highlands Phase II Golf Course; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 3, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and VOLUME LXXIV FEBRURAY 11, 2009 81 directed to execute Change Order No. 3 , a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 11, 2009 Adopted: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-23 ADOPTED APPROVING CHANGE ORDER NO. 4 AND FINAL IN THE CONTRACT WITH NORTHWEST CONTRACTORS, INC. FOR CONSTRUCTION OF THE HIGHLANDS OF ELGIN CLUBHOUSE Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-23 RESOLUTION APPROVING CHANGE ORDER NO. 4 AND FINAL IN THE CONTRACT WITH NORTHWEST CONTRACTORS, INC. FOR CONSTRUCTION OF THE HIGHLANDS OF ELGIN CLUBHOUSE WHEREAS, the City of Elgin has heretofore entered into a contract with Northwest Contractors, Inc. for construction of The Highlands of Elgin Clubhouse; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 4 and Final, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 4 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor FEBRUARY 11, 2009 VOLUME LXXIV 82 Presented: February 11, 2009 Adopted: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-24 ADOPTED APPROVING AN AMENDMENT TO THE HEALTH INSURANCE OPT-OUT PROGRAM Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-24 RESOLUTION APPROVING AN AMENDMENT TO THE HEALTH INSURANCE OPT-OUT PROGRAM 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 amendment to the Health Insurance Opt-Out Program adopted on March 1, 2005 which increases the benefit to $3,000 for the period of March 1, 2009 through February 28, 2010 for employees who have alternative health insurance coverage to discontinue participation in the city’s health insurance plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 11, 2009 Adopted: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV FEBRURAY 11, 2009 83 RESOLUTION 09-25 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT WITH THE PREMCOR REFINING GROUP, INC. (901, 915 AND 925 DUNDEE AVENUE, 514 AND 516 SLADE AVENUE) Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-25 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT WITH THE PREMCOR REFINING GROUP, INC. (901, 915 and 925 Dundee Avenue, 514 and 516 Slade Avenue) 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 the Premcor Refining Group, Inc. to limit access to potentially contaminated soil or groundwater in the public right-of-way adjacent to 901 Dundee Avenue, 915 Dundee Avenue, 514 Slade Avenue and 516 Slade Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 11, 2009 Adopted: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G7-09 PASSED PROHIBITING THE USE OF WATER WELLS WITHIN A DEFINED AREA OF THE CITY IN THE VICINITY OF 901 DUNDEE AVENUE Councilmember Walters made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. FEBRUARY 11, 2009 VOLUME LXXIV 84 Ordinance No. G7-09 AN ORDINANCE PROHIBITING THE USE OF WATER WELLS WITHIN A DEFINED AREA OF THE CITY IN THE VICINITY OF 901 DUNDEE AVENUE WHEREAS, certain property in the City of Elgin, commonly known as 901 Dundee Avenue, has been used over a period of time as a retail gasoline filling station; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the property legally described in Exhibit A may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the City of Elgin desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of chemical constituents; and WHEREAS, the City of Elgin desires to accomplish these goals by prohibiting the use of groundwater as a potable water supply from the real property depicted in the site plan attached to and incorporated by reference into this ordinance as Exhibit A, an area roughly bounded by Page Avenue on the north, Slade Avenue on the south, 516 Slade Avenue on the east, and Dundee Avenue on the west. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Definitions. The terms and words used in this ordinance shall be used, interpreted and defined as set forth in this Section: “Person” shall mean any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. “Potable water” shall mean any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or watering gardens in which produce intended for human consumption is grown. “The property” shall mean that real property depicted in the site plan attached to and incorporated by reference into this ordinance as Exhibit A, an area roughly bounded by Page Avenue on the north, Slade Avenue on the south, 516 Slade Avenue on the east, and Dundee Avenue on the west. VOLUME LXXIV FEBRURAY 11, 2009 85 Section 2. Use of groundwater as a potable water supply prohibited. The use or attempt to use as a potable water supply, groundwater from the property, by the installation or drilling of wells on or at the property or by any other method on or at the property is hereby prohibited. Section 3. Restrictions binding on City. Except for the provisions of Section 4, all restrictions contained in this ordinance shall be binding on the City. Section 4. Penalties. Any person violating the provisions of this section shall be subject to a fine of up to $500.00 for each violation. Section 5. Repealer. All ordinances or parts of ordinances in conflict with this section are hereby repealed insofar as they are in conflict with this section. Section 6. Severability. If any provision of this section or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the section as a whole or of any portion not adjudged invalid. Section 7. 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: February 11, 2009 Passed: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: February 12, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G8-09 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT (264 AND 268 SOUTH RANDALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. FEBRUARY 11, 2009 VOLUME LXXIV 86 Ordinance No. G8-09 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT (264 and 268 South Randall Road) WHEREAS, written application has been made requesting conditional use approval for a physical fitness facility in the AB Area Business District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 7, 2009, 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 physical fitness facility in the AB Area Business District at 264 and 268 South Randall Road and legally described as follows: Parcel 1: Lots 5, 10 and 11 of Darlene McDermott Subdivision, being a subdivision of part of the Southwest Quarter of Section 16, Part of the Southeast Quarter of Section 17, part of the Northeast Quarter of Section 20 and part of the Northwest Quarter of Section 21, all in Township 41 North, Range 8 East of the Third Principal Meridian, according to said plat of recorded on July 17, 1992 as document number 92K51304 and certificate of correction recorded January 5, 1993 as document 93K00619, in Kane County, Illinois. Parcel 2: Easement for the benefit of Lot 11 in Parcel 1 as contained in the Slope Easement Agreement recorded September 25, 1992 as document 92K68107. Parcel 3: Easement for the benefit of Parcel 1 contained in the Operating and Easement Agreement recorded August 19, 1991 as document 91K45166, First Amendment thereto recorded December 28, 1992 as document 92K93622, Second Amendment thereto recorded December 28, 1992 as document 92K93623 and contained in VOLUME LXXIV FEBRURAY 11, 2009 87 Declaration recorded June 28, 1993 as document 93K47279. (Property Commonly Known as 264 and 268 South Randall Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Jim Mecha of 1440 Fitness, inc., and d/b/a World Gym, dated received December 10, 2008 and last revised December 19, 2008. 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: February 11, 2009 Passed: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: February 12, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T2-09 PASSED ESTABLISHING THE CREEKSIDE SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #23) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Walters made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. FEBRUARY 11, 2009 VOLUME LXXIV 88 Ordinance No.T2-09 AN ORDINANCE ESTABLISHING THE CREEKSIDE SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #23) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Creekside Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided; and WHEREAS, the cost of the City providing the services shall be paid by the levy of a direct annual ad valorem tax upon all taxable property within the Special Service Area; and WHEREAS, said direct annual tax shall be levied upon all taxable property within the Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, the establishment of the Special Service Area was proposed by the City Council of the City of Elgin pursuant to Ordinance No. T37-08, entitled “An Ordinance Proposing the Establishment of the Creekside Subdivision Special Service Area in the City of Elgin, Illinois and Providing for a Public Hearing and Other Related Procedures,” that Resolution having been duly passed on November 5, 2008, and was considered at a public VOLUME LXXIV FEBRURAY 11, 2009 89 hearing held by the City Council of the City of Elgin on December 3, 2008 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the “Hearing”); and WHEREAS, the notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Courier News, a newspaper of general circulation in the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit A; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before November 12, 2008, that date being not less than ten (10) days prior to the time set for the Hearing. A copy of that notice being attached to and incorporated into this ordinance as Exhibit B. The notice of Hearing was addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property; and WHEREAS, the notice of Hearing complied with all applicable provisions and requirements of the Act; and WHEREAS, all interested persons affected by the establishment of the Special Service Area or the tax levy to pay the cost of providing the services, including all owners of real estate located within the Special Service Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Special Service Area and its associated tax levy and an opportunity to file objections to the establishment of the Special Service Area or the tax levy; and WHEREAS, at the Hearing, all interested persons affected by the Special Service Area were permitted to file with the City Clerk of the City of Elgin written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on December 3, 2008 at 9:00 pm. FEBRUARY 11, 2009 VOLUME LXXIV 90 Section 3. Establishment of the Special Service Area. The Creekside Subdivision Special Service Area of the City of Elgin is hereby established in and for the City of Elgin and shall consist of the territory legally described in Exhibit C which is attached to and incorporated into this ordinance by reference. The Creekside Subdivision Special Service Area consists of approximately 20 acres located north of Hopps Road and west of Randall Road in the City of Elgin. An accurate map of the Creekside Subdivision Special Service Area is attached to and made part of this ordinance as Exhibit D. Section 4. Purpose for Establishing the Special Service Area. The purpose for establishing the Creekside Subdivision Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Creekside Subdivision Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All of the services described in this section shall be in and for the Creekside Subdivision Special Service Area and all of the described construction and improvements shall be on property in which the City will obtain an interest sufficient for the provision of the services described in this section. All the services described in this section are unique and in addition to services generally provided by the City. Section 5. Tax Levy. The cost of the services described in Section 4 of this ordinance shall be paid by the levy of a direct ad valorem tax upon all taxable property within the Creekside Subdivision Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and levied for the Creekside Subdivision Special Service Area in an amount not to exceed an annual rate of 1.552 [E.g., ten one-hundredths percent (.10 percent, being 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq). Notwithstanding the foregoing, taxes shall not be levied hereunder and the Creekside Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Creekside Home Owners’ Association fails to maintain, repair, replace or pay for the improvements described in Section 4 of this ordinance and/or any related costs for those improvements, so as to require the City to assume those responsibilities. During the years of development in the Creekside Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $45,203.00 annually for the cost of the services described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. VOLUME LXXIV FEBRURAY 11, 2009 91 Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: February 11, 2009 Passed: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: February 12, 2009 Published: February 12, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S3-09 PASSED GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE STORMWATER MANAGEMENT ORDINANCE FOR THE PROPERTY COMMONLY KNOWN AS 301 WILLARD AVENUE (PRAIRIE PARK) Councilmember Walters made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. S3-09 AN ORDINANCE GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE STORMWATER MANAGEMENT ORDINANCE FOR THE PROPERTY COMMONLY KNOWN AS 301 WILLARD AVENUE (PRAIRIE PARK) WHEREAS, the city has adopted a Stormwater Management Ordinance to promote effective, equitable, acceptable and legal stormwater management measures by establishing reasonable rules and regulations for development that include managing and mitigating the effects of urbanization on stormwater drainage through planning, appropriate engineering FEBRUARY 11, 2009 VOLUME LXXIV 92 practices and proper maintenance, and through the promulgation of rules and regulations for protecting the public health and safety and reducing the potential for loss of human life and property from flood damage; and WHEREAS, the Stormwater Management Ordinance is codified in Title 21 of the Elgin Municipal Code and includes standards and procedures for granting variances from the provisions of the Stormwater Management Ordinance when strict compliance with the requirements of the Stormwater Management Ordinance are impracticable; and WHEREAS, the Stormwater Management Ordinance generally requires that any new development shall not increase flood elevations or decrease flood conveyance capacity upstream or downstream of the subject site; and WHEREAS, the City of Elgin’s development of 301 Willard Avenue (the “Subject Site”) contemplates the construction of a recreational area including soccer fields, basketball courts, a skate park, bicycle path, picnic area and adjoining off-street parking facilities to support those amenities (the “Subject Site”); and WHEREAS, the Subject Site is located entirely within the 100-year floodplain of the Lord’s Park Tributary; and WHEREAS, the only option for providing the required stormwater runoff storage volume for the Subject Site is within said floodplain; and WHEREAS, Section 203(l) of the city’s Stormwater Management Ordinance authorizes the Subject Site’s required stormwater runoff storage volume to be provided by enlarging existing regulatory floodplain storage (onstream site runoff storage) as a variance, provided that flood damage will not be increased and the development will not increase flood flows for both the two-year and 100-year floods; and WHEREAS, the city has applied, pursuant to Petition 44-08, for a variance pursuant to Section 203(l) of the Stormwater Management Ordinance; and WHEREAS, the city’s requested variance is the minimum necessary to permit the development on the Subject Site and that all release rate, storage volume and basin-sizing requirements are being met; and WHEREAS, the city’s requested variance will not increase the probability of flood damage because the proposed development of the Subject Site meets the release rates and detention volumes required by the Stormwater Management Ordinance; and WHEREAS, the development of the Subject Site will include stormwater detention and compensatory storage for floodplain fill utilizing Best Management Practices (BMPs), including utilizing stormwater storage basins with natural planting; eliminating curb and gutter from the parking lot to allow stormwater runoff to flow over vegetated surfaces before entering the storm sewer system; providing retention volume beneath the pond outlet for sedimentation and VOLUME LXXIV FEBRURAY 11, 2009 93 infiltration benefits; preserving Waters of the United States on the south side of the Subject Site; and, maintaining much of the Subject Site as open space; and WHEREAS, recognizing the ponds’ location entirely within said floodplain on the Subject Site, said ponds have been designed to store one hundred percent (100%) of the stormwater runoff volume; the outlet restrictor has been designed to ensure the site release rate requirements are not exceeded in the free-outlet condition; and, the development of the Subject Site as a park increases the volume of storage on site and does not raise the flood elevations; and WHEREAS, the stormwater management and detention facilities for the Subject Site have been designed in accordance with the Stormwater Management Ordinance’s requirements relating to allowable release rates under a fully developed state; and WHEREAS, the existing Waters of the United States on the south side of the Subject Site are being preserved, much of the Subject Site is being maintained as open space, and the volume and the volume of floodplain storage on the Subject Site is being increased; and WHEREAS, the city’s Planning and Development Commission recommended approval of the variance request under Petition 44-08 during its September 15, 2008 meeting, the Planning and Development Commission’s finding of facts for Petition 44-08 being incorporated into this ordinance by reference as if set out herein in full. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this ordinance as if set out herein in full. Section 2. In accordance with the procedures set forth in Article 9 of the Stormwater Management Ordinance, Petition 44-08, seeking a variance from the provisions of Section 203(l) of the Stormwater Management Ordinance for the construction of a recreational area at 301 Willard Avenue including soccer fields, basketball courts, a skate park, bicycle path, picnic area and adjoining off-street parking facilities to support those amenities, is hereby granted, subject to the city’s substantial conformance with its Statement and Purpose and Application for Variance dated September 3, 2008, as prepared by V3 Companies of Illinois, Ltd. Section 3. That this ordinance shall be in full force and effect immediately upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor FEBRUARY 11, 2009 VOLUME LXXIV 94 Presented: February 11, 2009 Passed: February 11, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: February 12, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Kaptain 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 – December, 2008 Veterans Memorial Park Committee Minutes of October 15, 2008 Hemmens Cultural Center Advisory Board Minutes of January 8, 2009 Committee of the Whole Minutes for January 14, 2009 available on the City’s website City Council Minutes for January 14, 2009 available on the City’s website ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 7:17 p.m. s/ Diane Robertson March 4, 2009 Diane Robertson, City Clerk Date Approved