Loading...
HomeMy WebLinkAboutp - August 26, 2009 CC593 VOLUME LXXIV AUGUST 26, 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 August 26, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:10 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Councilmember Rich Dunne. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE AUGUST 12, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Prigge made a motion, seconded by Councilmember Steffen, to approve the August 12, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS The Literacy Connection 25th Anniversary Proclamation Mayor Schock read a proclamation recognizing the Literacy Connection on their 25th anniversary. Representatives of the organization accepted the proclamation and thanked the Council for recognizing the importance of the Literacy Connection’s work. Walter Dauel 100th Birthday Proclamation Mayor Schock read a proclamation recognizing Walter Dauel on his 100th birthday. Mr. Dauel accepted the proclamation and thanked everyone for their good wishes. AUGUST 26, 2009 VOLUME LXXIV 594 RECOGNIZE PERSONS PRESENT Chrisanne Waldo spoke on behalf of her daughter concerning the flooding problems at Cooper and Preston. Patricia Keeny expressed her disappointment that the Lords Park Zoo may close. Terry Gabel asked the Council to consider other alternatives rather than closing the zoo. Candy Renard said that she would like to see the zoo remain open. Bob Schalow felt that if the animals were removed from the zoo, then gang and drug activity would increase in that area. He also stated that his garbage pickup has been inconsistent. Laurie Faith Gibson-Aiello reported on what the residents are prepared to do in order to keep the zoo open. She would like the Council to postpone any decision on the zoo until they are able to provide a plan that may allow the zoo to remain open. Councilmember Kaptain asked if the group could prepare a five year plan and stated that he would like to allow them the six months they requested. He also asked if this subject could be discussed at the next Council meeting. Councilmember Gilliam said that he would like to have this discussion during the budget period. Mayor Schock agreed that any further discussion should take place in the context of the budget discussions. He said that if the group can demonstrate that they can raise the necessary funds, then the Council will take that into consideration. He also suggested that Mrs. Gibson-Aiello make an appointment to meet with staff. Phyllis Krueger stated she would like to see the zoo remain open. John Collins stated that neither he nor his neighbors were notified of any discussion about the Cooper/Preston flooding issue. He requested a report in both English and Spanish and would like an interpreter present when this is discussed. Mayor Schock stated that the report would be on the September 9, 2009, agenda for the Committee of the Whole and that a notice would be sent to the residences in the immediate area. Donna Askins spoke about the community garden. She noted that any food harvested will be donated to the local food pantries. Mayor Schock thanked everyone who had donated their time to work at the garden. Lucy Elliott expressed her concerns about removing the animals from the zoo. Carol Rauschenberger expressed her concerns about the lack of a crossing guard at Larsen Middle School and children having to cross Route 25 without assistance. Ken Barnhart would like to have the zoo remain open. Mike Surerus expressed his concerns about the zoo closing. VOLUME LXXIV AUGUST 26, 2009 595 BID 09-037 AWARDED TO MARTAM CONSTRUCTION FOR SPARTAN DRIVE REHABILITATION Councilmember Warren made a motion, seconded by Councilmember Steffen, to award a contract to Martam Construction in the amount of $2,100,137.70 for the Spartan Drive Rehabilitation Project, subject to the approval of Item 3 on Other Business. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Prigge abstained due to a conflict of interest. BID 09-041 AWARDED TO J & T SERVICES, INC. FOR CATCH BASIN SITE REPAIRS AT VARIOUS LOCATIONS Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to enter into an agreement with J & T Services, Inc. in the amount of $44,700 to perform catch basin site restorations at varied locations throughout the City of Elgin. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-043 AWARDED TO SEAGREN CONSTRUCTION FOR THE HIGHLANDS OF ELGIN COMFORT STATION Councilmember Kaptain made a motion, seconded by Councilmember Warren, to award a contract to Seagren Construction in the amount of $102,150 for a comfort station at the Highlands of Elgin Golf Course. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-044 AWARDED TO J & T SERVICES, INC. FOR THE 2009 CENTRAL BUSINESS DISTRICT WATER MAIN REPLACEMENT PROJECT Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to enter into an agreement with J & T Services, Inc. in the amount of $949,076.78 for the 2009 Central Business District Water Main Replacement Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-048 AWARDED TO MEADE ELECTRIC FOR THE 2009 TRAFFIC SIGNAL MAINTENANCE PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Warren, to award a contract to Meade Electric in the amount of $27,808 for the 2009 Traffic Signal Maintenance Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. AUGUST 26, 2009 VOLUME LXXIV 596 PUBLIC HEARING DATE SET FOR SEPTEMBER 23, 2009, TO CONSIDER A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT; PROPERTY LOCATED AT 100 NESLER ROAD; BY POINT BUILDERS & DEVELOPERS, INC., AS APPLICANT, AND NESLER ROAD LIMITED PARTNERSHIP, AS OWNER (PETITION 20-09) Community Development Director, Jerry Deering, explained that the developer would like to introduce a new housing product line that would require an amendment to the annexation agreement. Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve the hearing date for Petition 20-09 for the September 23, 2009. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-194 ADOPTED AUTHORIZING EXECUTION OF A SCHOOL LIAISON CONTRACT WITH SCHOOL DISTRICT U-46 FOR THE 2009-2010 SCHOOL YEAR Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-194 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 PROVIDING FOR POLICE LIAISON OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with School District U-46 providing for a police liaison officers for the 2009-2010 school year, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Adopted: August 26, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV AUGUST 26, 2009 597 RESOLUTION 09-195 ADOPTED AUTHORIZING A LOAN AGREEMENT WITH ELGIN COMMUNITY COLLEGE FOR THE SPARTAN DRIVE REHABILITATION PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Mayor Schock stated this was a great example of inter-governmental cooperation and thanked Dr. Sam and Trustee Duffy for their efforts regarding this agreement. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Prigge abstained due to a conflict of interest. Resolution No. 09-195 RESOLUTION AUTHORIZING A LOAN AGREEMENT WITH ELGIN COMMUNITY COLLEGE FOR THE SPARTAN DRIVE REHABILITATION PROJECT WHEREAS, the City Council of the City of Elgin is prepared to award Bid Number 09- 037 to Martam Construction for the Spartan Drive Rehabilitation Project (the “Project”); and WHEREAS, the Project provides for the reconstruction by the City of a 3,000 foot section of the southerly portion of Spartan Drive commencing at the intersection of Spartan Drive and McLean Boulevard; and WHEREAS, the portion of Spartan Drive to be reconstructed pursuant to the Project is a main entrance to Elgin Community College and such roadway serves primarily Elgin Community College; and WHEREAS, Elgin Community College has requested that the City agree to proceed with the Project at this time notwithstanding the fact that the Project was not scheduled to proceed in the near future; and WHEREAS, the City and Elgin Community College have reached a tentative agreement on a loan agreement whereby Elgin Community College will loan to the City the funds necessary for the Project; and WHEREAS, such tentative loan agreement between Elgin Community College and the City will provide for a loan from Elgin Community College to the City in the amount of $2,300,000, for a repayment thereof in 2015 in a lump sum, and for annual interest in the amount of 50% of the lower of Elgin Community College’s current rate of return on its invested funds or the City’s current borrowing rate, with such amount as to be determined and agreed to between Elgin Community College and the City; and AUGUST 26, 2009 VOLUME LXXIV 598 WHEREAS, the City Council of the City has elected to proceed with the award of Bid Number 09-037 for the Project subject to and contingent upon the City and Elgin Community College’s entry into a loan agreement to provide the funding for the Project as outlined herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that City Manager Sean R. Stegall, be and is hereby authorized to enter into and execute on behalf of the City of Elgin a loan agreement with Elgin Community College for a loan of funds for the Project from Elgin Community College to the City in a form as approved by the Corporation Counsel of the City and with the terms as set forth in the recitals of this resolution. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Adopted: August 26, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Allied Asphalt Paving Co. Hoffman Estates, IL $12,600.25 Pothole Repairs Marc Kresmery Construction Elgin, IL $14,301.60 Repair work at West Chicago & Vine Streets due to collapsing of combination of combination manhole structure MOTION TO REMOVE ORDINANCE G54-09 FROM THE CONSENT AGENDA Councilmember Steffen made a motion, seconded by Councilmember Prigge, to remove Ordinance G54-09 from the Consent Agenda for consideration separately. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV AUGUST 26, 2009 599 ORDINANCE G54-09 TABLED AMENDING CHAPTER 11.60 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ESTABLISHING PARKING RESTRICTIONS IN DESIGNATED AREAS ON ODD AND EVEN NUMBERED DAYS Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to table Ordinance G54-09. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G52-09, G53-09, and T35-09 through T43-09 and adopt Resolution Nos. 09-185 through 09-193 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-185 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION FOR PHASE I ENGINEERING SERVICES (ELGIN BIKEWAY MASTER PLAN ROUTE 1) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-185 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION FOR PHASE I ENGINEERING SERVICES (Elgin Bikeway Master Plan Route 1) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a Local Agency Agreement for Federal Participation on behalf of the City of Elgin with the Illinois Department of Transportation for Phase I Engineering Services for the Elgin Bikeway Master Plan Route 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor AUGUST 26, 2009 VOLUME LXXIV 600 Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-186 ADOPTED AUTHORIZING EXECUTION OF A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR FEDERAL PARTICIPATION FOR THE ELGIN BIKEWAY MASTER PLAN ROUTE 1 Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-186 RESOLUTION AUTHORIZING EXECUTION OF A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR FEDERAL PARTICIPATION FOR THE ELGIN BIKEWAY MASTER PLAN ROUTE 1 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 Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a preliminary engineering services agreement on behalf of the City of Elgin with TranSystems Corporation for federal participation for the Elgin Bikeway Master Plan Route 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV AUGUST 26, 2009 601 Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-187 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION FOR PHASE I ENGINEERING SERVICES (ELGIN BIKEWAY MASTER PLAN ROUTE 4) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-187 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION FOR PHASE I ENGINEERING SERVICES (Elgin Bikeway Master Plan Route 4) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a Local Agency Agreement for Federal Participation on behalf of the City of Elgin with the Illinois Department of Transportation for Phase I Engineering Services for the Elgin Bikeway Master Plan Route 4, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUGUST 26, 2009 VOLUME LXXIV 602 RESOLUTION 09-188 ADOPTED AUTHORIZING EXECUTION OF A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR FEDERAL PARTICIPATION FOR THE ELGIN BIKEWAY MASTER PLAN ROUTE 4 Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-188 RESOLUTION AUTHORIZING EXECUTION OF A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR FEDERAL PARTICIPATION FOR THE ELGIN BIKEWAY MASTER PLAN ROUTE 4 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 Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a preliminary engineering services agreement on behalf of the City of Elgin with TranSystems Corporation for federal participation for the Elgin Bikeway Master Plan Route 4, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV AUGUST 26, 2009 603 RESOLUTION 09-189 ADOPTED AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM THE NATIONAL BANK, COMMONWEALTH EDISON AND SBC ILLINOIS (GOOD SHEPHERD CROSSING SUBDIVISION) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-189 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM THE NATIONAL BANK, COMMONWEALTH EDISON AND SBC OF ILILNOIS (Good Shepherd Crossing Subdivision) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a grant of easement for public utilities from The National Bank, Commonwealth Edison and SBC of Illinois for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUGUST 26, 2009 VOLUME LXXIV 604 RESOLUTION 09-190 ADOPTED APPOINTING VARIOUS MEMBERS TO BOARDS AND COMMISSIONS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-190 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Charles Horton III and Suzanne Smith be and are hereby reappointed as a members of the Centre Advisory Board, each for a term to expire July 1, 2010. BE IT FURTHER RESOLVED that Daryl Allen be and is hereby reappointed as a member of the Board of Examiners of Stationary Engineers, for a term that expires May 1, 2012. BE IT FURTHER RESOLVED that Norasing Kethday be and is hereby reappointed as a member of the Board of Fire and Police Commission, for a term that expires May 1, 2012. BE IT FURTHER RESOLVED that Patricia Miller, Dennis Roxworthy, and Steven Stroud be and are hereby reappointed as a member of the Elgin Heritage Commission/Design Review Subcommittee, each for a term that expires June 30, 2010. BE IT FURTHER RESOLVED that Christopher Barry be and is hereby reappointed as a member of the Planning and Development Commission, for a term that expires July 1, 2012. BE IT FURTHER RESOLVED that Siobhan Cottone, Mitch Esterino, and Edward Sayre be and are hereby appointed as a member of the Centre Advisory Board, each for a term that expires July 1, 2011. BE IT FURTHER RESOLVED that Emi Morales be and is hereby appointed as a member of the Planning and Development Commission, for a term that expires July 1, 2012. BE IT FURTHER RESOLVED that Anthony Pedote be and is hereby appointed as a member of the Zoning and Subdivision Hearing Board, for a term that expires July 1, 2010. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV AUGUST 26, 2009 605 Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-191 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH K2N CREST, INC. FOR 2008/2009 ROOF REPLACEMENT PROJECTS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-191 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH K2N CREST, INC. FOR 2008/2009 ROOF REPLACEMENT PROJECTS WHEREAS, the City of Elgin has heretofore entered into a contract with K2N Crest, Inc. for 2008/2009 Roof Replacement Projects; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R, Stegall, 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: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUGUST 26, 2009 VOLUME LXXIV 606 RESOLUTION 09-192 ADOPTED APPROVING CHANGE ORDER NO. 4 AND FINAL IN THE CONTRACT WITH RYAN INCORPORATED CENTER FOR CONSTRUCTION OF THE HIGHLANDS PHASE II GOLF COURSE Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-192 RESOLUTION APPROVING CHANGE ORDER NO. 4 AND FINAL 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. 4 and Final, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, 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 Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV AUGUST 26, 2009 607 RESOLUTION 09-193 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH RISK RESOURCES FOR LIABILITY INSURANCE CONSULTING SERVICES Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-193 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RISK RESOURCES FOR LIABILITY INSURANCE CONSULTING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, 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 Risk Resources for liability insurance consulting services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G52-09 PASSED AMENDING CHAPTER 6.45.040 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PERMIT FOR SOLICITATION OF FUNDS ON PUBLIC STREET OR SIDEWALKS” Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. AUGUST 26, 2009 VOLUME LXXIV 608 Ordinance No. G52-09 AN ORDINANCE AMENDING CHAPTER 6.45.040 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PERMIT FOR SOLICITATION OF FUNDS ON PUBLIC STREETS OR SIDEWALKS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.45.040 of the Elgin Municipal Code, 1976, as amended, entitled “Permit for Solicitation of Funds on Public Streets or Sidewalks” be and is hereby further amended by adding subparagraph D thereof to read as follows: “D. Solicitation shall be restricted to the following intersections: Big Timber Road and McLean Boulevard; Dundee Avenue and Kimball Street; E. Chicago Street and Willard Avenue; Highland Avenue and Lyle Avenue; Highland Avenue and Route 31; McLean Boulevard and Highland Avenue; McLean Boulevard and Wing Street; Route 31 and Route 20; Summit Street and Hiawatha Drive; Summit Street and Liberty Street; Weld Road and McLean Boulevard.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV AUGUST 26, 2009 609 Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: August 28, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G53-09 PASSED ESTABLISHING A BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G53-09 AN ORDINANCE ESTABLISHING A BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City of Elgin adopted in 2008 a Bikeway Master Plan; and WHEREAS, the Bikeway Master Plan calls for the creation of an advisory committee to assist the City of Elgin in making the City of Elgin a bicycle and pedestrian friendly community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 3 of the Elgin Municipal Code, 1976, as amended, entitled “Boards and Commissions” be and is hereby further amended by adding a new Chapter 3.85 thereto entitled “Bicycle and Pedestrian Advisory Committee” to read as follows: “BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE 3.85.010: CREATED: AUGUST 26, 2009 VOLUME LXXIV 610 There is created the Bicycle and Pedestrian Advisory Committee for the purpose of assisting the City of Elgin in making the City of Elgin a bicycle and pedestrian friendly community. The guiding purpose of the Bicycle and Pedestrian Advisory Committee is to promote access and mobility throughout the community by encouraging the coordinated development of bicycle and pedestrian facilities, programs, and activities that will enhance safe access to neighborhood areas, schools, government and cultural institutions, employment and retail activity centers, and parks and recreation areas. 3.85.020 MEMBERS: The Bicycle and Pedestrian Advisory Committee shall be composed of eleven members. Seven members shall be appointed by the city council. The remaining four members shall consist of the city’s Community Development Director, City Engineer, Parks and Recreation Director and Chief of Police, or their designees. The terms of the seven members of the Bicycle and Pedestrian Advisory Committee who are appointed by the city council shall be for three years; however, of the members first appointed, three members shall be appointed for a term of three years, three members shall be appointed for a term of two years, and one member shall be appointed for a one year term. Appointments shall expire on July 1 in the anniversary year of appointment of the member. The city council shall appoint one member of the Bicycle and Pedestrian Advisory Committee to serve as chairperson. The Parks and Recreation Director, or his designee, shall also act as secretary, and shall keep a record of all proceedings. The committee shall act officially only in a meeting duly called by the chair or at a regular meeting fixed by resolution of the committee adopted by a majority vote. 3.85.030 MEETINGS: The Bicycle and Pedestrian Advisory Committee shall meet no less than every six months. 3.85.040 POWERS AND DUTIES: The Bicycle and Pedestrian Advisory Committee shall have the following powers and duties, in addition to any other which may be granted by the city council: A. To recommend to the city council efforts to encourage bicycling and walking including efforts in the areas of bicycle and pedestrian education, enforcement, engineering, encouragement, evaluation, and planning. B. To study and recommend to the city council efforts to enhance and encourage bicycling and walking as healthy and efficient alternative modes of transportation throughout the city and report such information to the city council. C. To recommend to the city council efforts to coordinate with other agencies and advocacy groups to create a bicycle and pedestrian friendly community.” VOLUME LXXIV AUGUST 26, 2009 611 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: August 28, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T35-09 PASSED PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2008 TAX YEAR Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. T35-09 AN ORDINANCE PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2008 TAX YEAR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a $200.00 senior citizen property tax refund of the 2008 real property taxes levied by and collected for the City of Elgin. Section 2. That to qualify for the $200.00 senior citizen property tax refund the owner(s) of the subject property must have qualified and obtained for the 2008 tax year the Senior Citizens Homestead Exemption in accordance with 35 ILCS 200/15-170, as amended. Section 3. That senior citizens qualified to receive the $200.00 tax refund shall be identified through county property tax records for the 2008 tax year. The Fiscal Services Group AUGUST 26, 2009 VOLUME LXXIV 612 Director is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. The refund shall be mailed to the address of the residence which has qualified for the senior citizens homestead exemption except where a different mailing address has been provided to the Fiscal Services Group Director in writing by a senior citizen qualifying for the property tax refund. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T36-09 PASSED PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. T36-09 AN ORDINANCE PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a refund to senior citizens of the mobile home local services tax of 2008 mobile home local services taxes levied and collected on mobile homes registered in the city of Elgin. The amount of such refund shall equal the 2008 mobile VOLUME LXXIV AUGUST 26, 2009 613 home local services taxes paid by qualified senior citizens up to a maximum refund amount of $35.00. Section 2. That to qualify for such senior citizen property tax refund the owner(s) of the subject mobile home must have qualified and obtained for the 2008 tax year the Senior Citizens Reduction of the Mobile Home Local Services Tax in accordance with 35 ILCS 515/7, as amended. Section 3. That senior citizens qualified to receive the mobile home local services tax refund shall be identified through county tax records for the 2008 tax year. The Fiscal Services Group Director is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. The refund shall be mailed to the address provided on the application for reduction of mobile home local services taxes for the tax year in question except where a different address has been provided to the Fiscal Services Group Director in writing by the senior citizen qualifying for such senior citizens mobile home local services tax refund. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T37-09 PASSED ALLOCATING THE COST OF CERTAIN SANITARY SEWER IMPROVEMENTS TO BENEFITTED PROPERTY (#1-SANITARY SEWER IMPROVEMENTS-CAPITAL CORPORATE CENTER) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. AUGUST 26, 2009 VOLUME LXXIV 614 Ordinance No. T37-09 AN ORDINANCE ALLOCATING THE COST OF CERTAIN SANITARY SEWER IMPROVEMENTS TO BENEFITTED PROPERTIES (# 1-Sanitary Sewer Improvements-Capital Corporate Center) WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the state of Illinois (hereinafter referred to as the “City”), Bartels Farming Corporation, an Illinois corporation (being hereinafter referred to as “Owner”), and ABCP, LLC, an Illinois limited liability company (hereinafter referred to as “Developer”) entered in to an Annexation Agreement (being hereinafter referred to as “Annexation Agreement”) dated December 20 th, 2006; and WHEREAS, the City, the Owner, and the Developer agreed in said Annexation Agreement, section 3(F), that upon the completion of sanitary sewer lines in or along the south boundary of (i) extended Capital Street and (ii) Mason Road from the southeast corner to the northwest corner of the Subject Property, that the City would adopt a recapture ordinance for the benefit of the Developer to collect from the Owner or Owners of the benefited properties to the north of the Subject Property their pro rata share of the cost to complete construction of the sanitary sewer lines (hereinafter referred to as “Subject Sanitary Sewer Improvements”); WHEREAS, the Developer extended a sanitary sewer and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of said sanitary sewer makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of the sanitary sewer improvements and allocation of the costs of sanitary sewer improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City has determined that the Subject Sanitary Sewer Improvements heretofore described shall benefit ten (10) parcels of land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled “Recapture Area”, WHEREAS, within the Recapture Area, one of the ten parcels is owned by the Developer, 43.5 acres of the total 62.91, making 69.15% of the recapture costs attributable to the Developer and the nine remaining parcels will share in the remaining balance of the recapture costs. WHEREAS, the total Project Cost of the Subject Sanitary Sewer Improvements was $414,747.17; and VOLUME LXXIV AUGUST 26, 2009 615 WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, ownership and maintenance of sanitary sewer system is a function pertaining to the government and affairs of the City of Elgin; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject Sanitary Sewer Improvements to properties benefited by the availability of such facilities should be computed at the rate of $6,592.71 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto and made a part hereof who desires to connect to and use the Subject Sanitary Sewer Improvements shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject Sanitary Sewer Improvements being the amount of $6,592.71 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for sanitary sewer services. Section 2 No property listed in Exhibit B that will be connected to the Subject Sanitary Sewer Improvements shall be annexed into the City or shall be issued a building permit or otherwise permitted to connect or to otherwise use the Subject Sanitary Sewer Improvements until such time as payment is made to the Developer in an amount equal to such property’s proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 3. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in the ordinance. Section 4. That any person desiring to connect to the Subject Sanitary Sewer Improvements may pay the amount allocated without interest if payment is made prior to October 30, 2009. If full payment is not made prior to October 30, 2009, then payment shall be made in full plus interest at the rate of six percent (6%) per annum accruing from August 26, 2009 until the date of payment. Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the Owner of any of the subject benefitted properties, or any other person or entity, the right to annex into the City of Elgin. AUGUST 26, 2009 VOLUME LXXIV 616 Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control. Section 7. Developer shall within thirty (30) days of the adoption of this ordinance record a certified copy of this ordinance with the Kane County Recorder. Developer shall also within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the benefitted properties identified in Exhibit B. Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the subject benefitted properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason. Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk Exhibits A and B for Ordinance T37-09 on File in the City Clerk’s Office ORDINANCE T38-09 PASSED ALLOCATING THE COST OF CERTAIN WATER MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES (#2-ON-SITE WATER MAIN IMPROVEMENTS-CAPITAL CORPORATE CENTER) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV AUGUST 26, 2009 617 Ordinance No. T38-09 AN ORDINANCE ALLOCATING THE COST OF CERTAIN WATER MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES (#2-On-Site Water Main Improvements-Capital Corporate Center) WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the state of Illinois (hereinafter referred to as the “City”), Bartels Farming Corporation, an Illinois corporation (being hereinafter referred to as “Owner”), and ABCP, LLC, an Illinois limited liability company (hereinafter referred to as “Developer”) entered into an Annexation Agreement (being hereinafter referred to as “Annexation Agreement”) dated December 20 th, 2006; and WHEREAS, the City, the Owner, and the Developer agreed in said Annexation Agreement, section 3(F), that upon the completion of water main lines in or along the south boundary of (i) extended Capital Street within Capital Corporate Center Subdivision and (ii) Mason Road from the southeast corner to the northwest corner of the Subject Property, that the City would adopt a recapture ordinance for the benefit of the Developer to collect from the Owner or Owners of the benefited properties to the north of the Subject Property their pro rata share of the cost to complete construction of the Water Main lines (hereinafter referred to as “Subject On-Site Water Main Improvements”); WHEREAS, the Developer extended the Subject On-Site Water Main Improvements and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of the Subject On-Site Water Main Improvements makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of the Subject On-Site Water Main Improvements and allocation of the costs of the Subject On-Site Water Main improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City has determined that the Subject On-Site Water Main Improvements heretofore described shall benefit ten (10) parcels of land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled “Recapture Area”; and WHEREAS, within the Recapture Area, one of the ten parcels is owned by the Developer, 43.5 acres of the total 62.91, making 69.15% of the costs of the Subject On-Site Water Main Improvements attributable to the Developer and the nine remaining parcels will share in the remaining balance of the costs of the Subject On-Site Water Main Improvements; and AUGUST 26, 2009 VOLUME LXXIV 618 WHEREAS, the total Project Cost of the Subject On-Site Water Main Improvements was $262,681.17; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject On-Site Water Main Improvements to properties benefited by the availability of such facilities should be computed at the rate of $4,175.51 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto and made a part hereof who desires to connect to and use the Subject On-Site Water Main Improvements shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject On-Site Water Main Improvements being the amount of $4,175.51 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for water main services and in addition to any and all other requirements established by the City of Elgin for connection to water main services including, but not limited to, annexation into the City of Elgin. Section 2. No property listed in Exhibit B that will be connected to the Subject On-Site Water Main Improvements shall be annexed into the City or shall be issued a building permit or otherwise permitted to connect or to otherwise use the Subject On-Site Water Main Improvements until such time as payment is made to the Developer in an amount equal to such property’s proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 3. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in the ordinance. Section 4. That any person desiring to connect to the Subject On-Site Water Main Improvements may pay the amount allocated without interest if payment is made prior to October 30. 2009. If full payment is not made prior to October 30, 2009, then payment shall be made in full plus interest at the rate of six percent (6%) per annum accruing from August 26, 2009 until the date of payment. Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the Owner of any of the subject benefitted properties, or any other person or entity, the right to annex into the City of Elgin. Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control. VOLUME LXXIV AUGUST 26, 2009 619 Section 7. Developer shall within thirty (30) days of the adoption of this ordinance record a certified copy of this ordinance with the Kane County Recorder. Developer shall also within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the benefitted properties identified in Exhibit B. Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the subject benefitted properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk Exhibits A and B for Ordinance T38-09 on File in the City Clerk’s Office ORDINANCE T39-09 PASSED ALLOCATING THE COST OF CERTAIN STORM SEWER IMPROVEMENTS TO BENEFITTED PROPERTIES (#3-ON-SITE STORM SEWER IMPROVEMENTS-CAPITAL CORPORATE CENTER) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. AUGUST 26, 2009 VOLUME LXXIV 620 Ordinance No. T39-09 AN ORDINANCE ALLOCATING THE COST OF CERTAIN STORM SEWER IMPROVEMENTS TO BENEFITTED PROPERTIES (# 3- On-Site Storm Sewer Improvements-Capital Corporate Center) WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the state of Illinois (hereinafter referred to as the “City”), Bartels Farming Corporation, an Illinois corporation (being hereinafter referred to as “Owner”), and ABCP, LLC, an Illinois limited liability company (hereinafter referred to as “Developer”) entered into an Annexation Agreement (being hereinafter referred to as “Annexation Agreement”) dated December 20 th, 2006; and WHEREAS, the City, the Owner, and the Developer a greed in said Annexation Agreement, section 3(F), that upon the completion of storm sewer lines in or along the south boundary of (i) extended Capital Street within the Capital Corporate Center Subdivision and (ii) Mason Road from the southeast corner to the northwest corner of the Subject Property, that the City would adopt a recapture ordinance for the benefit of the Developer to collect from the Owner or Owners of the benefited properties to the north of the Subject Property their pro rata share of the cost to complete construction of the Storm Sewer lines (hereinafter referred to as “Subject On-Site Storm Sewer Improvements”); WHEREAS, the Developer extended the Subject On-Site Storm Sewer Improvements and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of the Subject On-Site Storm Sewer Improvements makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of the Subject On-Site Storm Sewer Improvements and allocation of the costs of storm sewer improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City has determined that the Subject On-Site Storm Sewer Improvements heretofore described shall benefit ten (10) parcels of land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled “Recapture Area”; and WHEREAS, within the Recapture Area, one of the ten parcels is owned by the Developer, 43.5 acres of the total 62.91, making 69.15% of the costs of the Subject On-Site Storm Sewer Improvements attributable to the Developer and the nine remaining parcels will share in the remaining balance of the costs of the Subject On-Site Storm Sewer Improvements; and VOLUME LXXIV AUGUST 26, 2009 621 WHEREAS, the total Project Cost of the Subject On-Site Storm Sewer Improvements was $401,265.17; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject On-Site Storm Sewer Improvements to properties benefited by the availability of such facilities should be computed at the rate of $6,378.40 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto and made a part hereof who desires to annex into the City of Elgin and/or otherwise connect to and use the Subject On-Site Storm Sewer Improvements shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject On - Site Storm Sewer Improvements being the amount of $6,378.40 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for storm sewer services and in addition to any and all other requirements established by the City of Elgin for connection to storm sewer services including, but not limited to, annexation into the City of Elgin. Section 2. No property listed in Exhibit B that will be connected to and/or otherwise use the Subject On-Site Storm Sewer Improvements shall be annexed into the City or shall be issued a building permit or otherwise be issued a permit by the City of Elgin to connect or to otherwise use the Subject On-Site Storm Sewer Improvements until such time as payment is made to the Developer in an amount equal to such property’s proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 3. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in the ordinance. Section 4. That the owner of any of the Subject Benefitted Properties identified in Exhibit B attached hereto may pay the amount allocated without interest if payment is made prior to October 30, 2009. If full payment is not made prior to October 30, 2009, then payment shall be made in full plus interest at the rate of six percent (6%) per annum accruing from August 26, 2009 until the date of payment. Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the Owner of any of the subject benefitted properties, or any other person or entity, the right to annex into the City of Elgin. Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control. AUGUST 26, 2009 VOLUME LXXIV 622 Section 7. Developer shall within thirty (30) days of the adoption of this ordinance record a certified copy of this ordinance with the Kane County Reco rder. Developer shall also within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the benefitted properties identified in Exhibit B. Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the subject benefitted properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk Exhibits A and B for Ordinance T39-09 on File in the City Clerk’s Office ORDINANCE T40-09 PASSED ALLOCATING THE COST OF CERTAIN OFF-SITE WATER MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES (#4-OFF-SITE WATER MAIN IMPROVEMENTS-CAPITAL CORPORATE CENTER) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV AUGUST 26, 2009 623 Ordinance No. T40-09 AN ORDINANCE ALLOCATING THE COST OF CERTAIN OFF-SITE WATER MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES (#4- Off-Site Water Main Improvements-Capital Corporate Center) WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the state of Illinois (hereinafter referred to as the “City”), Bartels Farming Corporation, an Illinois corporation (being hereinafter referred to as “Owner”), and ABCP, LLC, an Illinois limited liability company (hereinafter referred to as “Developer”) entered into an Annexation Agreement (being hereinafter referred to as “Annexation Agreement”) dated December 20 th, 2006; and WHEREAS, the City, the Owner, and the Developer agreed in said Annexation Agreement, section 6(D), that upon the completion of off-site water main extensions in or along that portion of Capital Street lying north of Essex Drive and south of the south boundary of Capital Corporate Center, that the City would adopt a recapture ordinance for the benefit of the Developer to collect from the Owner or Owners of the benefited properties to the north of the Subject Property their pro rata share of the cost to complete construction of the Off -Site Water Main lines (hereinafter referred to as “Subject Off-Site Water Main Improvements”); WHEREAS, the Developer extended the Subject Off-Site Water Main Improvements and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of the Subject Off-Site Water Main Improvements makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of the Subject Off-Site Water Main Improvements and allocation of the costs of off-site water main improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City has determined that the Subject Off-Site Water Main Improvements heretofore described shall benefit ten (10) parcels of land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled “Recapture Area”; and WHEREAS, within the Recapture Area, one of the ten parcels is owned by the Developer, 43.5 acres of the total 62.91, making 69.15% of the costs of the Subject Off-Site Water Main Improvements attributable to the Developer and the nine remaining parcels will share in the remaining balance of the costs of the Subject Off-Site Water Main Improvements; and AUGUST 26, 2009 VOLUME LXXIV 624 WHEREAS, the total Project Cost of the Subject Off-Site Water Main Improvements was $69,432.17; and WHEREAS, the City Council hereby finds th at the fair proportionate share of the cost of the above described Subject Off-Site Water Main Improvements to properties benefited by the availability of such facilities should be computed at the rate of $1,103.67 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto and made a part hereof who desires to derive water service indirectly through the Subject Off-Site Water Main Improvements shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject Off-Site Water Main Improvements being the amount of $1,103.67 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for off-site water main services and in addition to any and all other requirements established by the City of Elgin for connection to off-site water main services including, but not limited to, annexation into the City of Elgin. Section 2. No property listed in Exhibit B that will be connected to the Subject Off-Site Water Main Improvements shall be annexed into the City or shall be issued a building permit or otherwise permitted to derive water service indirectly through the Subject Off-Site Water Main Improvements until such time as payment is made to the Developer in an amount equal to such property’s proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 3. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in the ordinance. Section 4. That any person desiring to connect to the Subject Off-Site Water Main Improvements may pay the amount allocated without interest if payment is made prior to October 3-, 2009. If full payment is not made prior to October 30, 2009, then payment shall be made in full plus interest at the rate of six percent (6%) per annum accr uing from August 26, 2009 until the date of payment. Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the Owner of any of the subject benefitted properties, or any other person or entity, the right to annex into the City of Elgin. Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control. VOLUME LXXIV AUGUST 26, 2009 625 Section 7. Developer shall within thirty (30) days of the adoption of this ordinance record a certified copy of this ordinance with the Kane County Recorder. Developer shall also within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of th e adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the benefitted properties identified in Exhibit B. Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the subject benefitted properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk Exhibits A and B for Ordinance T40-09 on File in the City Clerk’s Office ORDINANCE T41-09 PASSED ALLOCATING THE COST OF CERTAIN MASON ROAD REMOVAL IMPROVEMENTS TO BENEFITTED PROPERTIES (#5-MASON ROAD REMOVAL IMPROVEMENTS-CAPITAL CORPORATE CENTER) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. AUGUST 26, 2009 VOLUME LXXIV 626 Ordinance No. T41-09 AN ORDINANCE ALLOCATING THE COST OF CERTAIN MASON ROAD REMOVAL IMPROVEMENTS TO BENEFITTED PROPERTIES (# 5- Mason Road Removal Improvements-Capital Corporate Center) WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the state of Illinois (hereinafter referred to as the “City”), Bartels Farming Corporation, an Illinois corporation (being hereinafter referred to as “Owner”), and ABCP, LLC, an Illinois limited liability company (hereinafter referred to as “Developer”) entered into an Annexation Agreement (being hereinafter referred to as “Annexation Agreement”) dated December 20th, 2006; and WHEREAS, the City, the Owner, and the Developer agreed in said Annexation Agreement, section 6(D), that upon the completion of removal of that portion of vacated Mason Road lying south of the south boundary of Capital Corporate Center, that the City would adopt a recapture ordinance for the benefit of the Developer to collect from the Owner or Owners of the benefited properties to the north of the Subject Property their pro rata share of the cost to complete construction of the Mason Road Removal (hereinafter referred to as “Subject Mason Road Removal Improvements”); WHEREAS, the Developer made the Subject Mason Road Removal Improvements and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the accomplishment of the Subject Mason Road Removal Improvements is of benefit to nearby properties; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the accomplishment of the Subject Mason Road Removal Improvements and allocation of the costs of Mason Road Removal Improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City has determined that the Subject Mason Road Removal Improvements heretofore described shall benefit ten (10) parcels of land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled “Recapture Area”; and WHEREAS, within the Recapture Area, one of the ten parcels is owned by the Developer, 43.5 acres of the total 62.91, making 69.15% of the costs of the Subject Mason Road Removal Improvements attributable to the Developer and the nine remaining parcels will share in the remaining balance of the costs of the Subject Mason Road Removal Improvements; and VOLUME LXXIV AUGUST 26, 2009 627 WHEREAS, the total Project Cost of the Subject Mason Road Removal Improvements was $13,398.03; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject Mason Road Removal Improvements to properties benefited by the availability of such facilities should be computed at the rate of $212.97 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto and made a part hereof who desires to annex into the City of Elgin and/or otherwise connect to and use the realigned Mason Road / Capital Street extension shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject Mason Road Removal Improvements, being the amount of $212.97 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for Mason Road removal services and in addition to any and all other requirements established by the City of Elgin for connection to or use of Mason Road and / or Capital Street, but not limited to, annexation into the City of Elgin. Section 2. No property listed in Exhibit B that will be connected to and/or otherwise use the realigned Mason Road/Capital Street road system within the Capital Corporate Center Subdivision shall be annexed into the City or shall be issued a building permit or otherwise be issued a permit by the City of Elgin to connect or to otherwise use the realigned Mason Road / Capital Street road system within the Capital Corporate Center Subdivisio n until such time as payment is made to the Developer in an amount equal to such property’s proportionate share of said Subject Mason Road Removal Improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 3. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of thi s ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in the ordinance. Section 4. That the owner of any of the Subject Benefitted Properties identified in Exhibit B attached hereto may pay the amount allocated for the Subject Mason Road Removal Improvements without interest if payment is made prior to October 30, 2009. If full payment is not made prior to October 30, 2009, then payment shall be made in full plus interest at the rate of six percent (6%) per annum accruing from September 26, 2009 until the date of payment. Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the Owner of any of the subject benefitted properties, or a ny other person or entity, the right to annex into the City of Elgin. AUGUST 26, 2009 VOLUME LXXIV 628 Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control. Section 7. Developer shall within thirty (30) days of the adoption of this ordinance record a certified copy of this ordinance with the Kane County Recorder. Developer shall also within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the benefitted properties identified in Exhibit B. Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the subject benefitted properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk Exhibits A and B for Ordinance T41-09 on File in the City Clerk’s Office ORDINANCE T42-09 PASSED ALLOCATING THE COST OF CERTAIN SECOND EXTENDED SECTION OF CAPITAL STREET IMPROVEMENTS TO BENEFITTED PROPERTIES (#6-SECOND EXTENDED SECTION OF CAPITAL STREET IMPROVEMENTS-CAPITAL CORPORATE CENTER) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV AUGUST 26, 2009 629 Ordinance No. T42-09 AN ORDINANCE ALLOCATING THE COST OF CERTAIN SECOND EXTENDED SECTION OF CAPITAL STREET IMPROVEMENTS TO BENEFITTED PROPERTIES (# 6- Second Extended Section of Capital Street Improvements- Capital Corporate Center) WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the state of Illinois (hereinafter referred to as the “City”), Bartels Farming Corporation, an Illinois corporation (being hereinafter referred to as “Owner”), and ABCP, LLC, an Illinois limited liability company (hereinafter referred to as “Developer”) entered into an Annexation Agreement (being hereinafter referred to as “Annexation Agreement”) dated December 20 th, 2006; and WHEREAS, the City, the Owner, and the Developer agreed in said Annexation Agreement, section 6(D), that upon the completion of the design and construction of the Second Extended Section of Capital Street / Mason Road from (i) the north line of Essex Lane to (ii) the northwest corner of the Subject Property, that the City would adopt a recapture ordinance for the benefit of the Developer to collect from the Owner or Owners of the benefited properties to the north of the Subject Property their pro rata share of the cost to complete construction such road section (hereinafter referred to as “Subject Second Extended Section of Capital Street/Mason Road Improvements”); WHEREAS, the Developer extended the Subject Second Extended Section of Capital Street/Mason Road Improvements and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of the Subject Second Extended Section of Capital Street/Mason Road Improvements makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of the Subject Second Extended Section of Capital Street/Mason Road Improvements and allocation of the costs of said Second Extended Section of Capital Street/Mason Road Improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City has determined that the Subject Second Extended Section of Capital Street/Mason Road Improvements heretofore described shall benefit ten (10) parcels of land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled “Recapture Area”; and AUGUST 26, 2009 VOLUME LXXIV 630 WHEREAS, within the Recapture Area, one of the ten parcels is owned by the Developer, 43.5 acres of the total 62.91, making 69.15% of the costs of the Subject Second Extended Section of Capital Street/Mason Road Improvements attributable to the Developer and the nine remaining parcels will share in the remaining balance of the costs of the Subject Second Extended Section of Capital Street/Mason Road Improvements; and WHEREAS, the total Project Cost of the Subject Second Extended Section of Capital Street / Mason Road Improvements was $1,149,461.24; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject Second Extended Section of Capital Street / Mason Road Improvements to properties benefited by the availability of such facilities should b e computed at the rate of $18,271.52 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto and made a part hereof who desires to annex into the City of Elgin and/or otherwise connect to and use the Subject Second Extended Section of Capital Street/Mason Road Improvements shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject Second Extended Section of Capital Street/Mason Road Improvements being the amount of $18,271.52 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for the Second Extended Secti on of Capital Street/Mason Road Improvements and in addition to any and all other requirements established by the City of Elgin for connection to or use of the Second Extended Section of Capital Street/Mason Road Improvements including, but not limited to, annexation into the City of Elgin. Section 2. No property listed in Exhibit B that will be adjacent to and/or otherwise use the Subject Second Extended Section of Capital Street/Mason Road Improvements shall be annexed into the City or shall be issued a building permit or otherwise be issued a permit by the City of Elgin to connect or to otherwise use the Subject Second Extended Section of Capital Street/Mason Road Improvements until such time as payment is made to the Developer in an amount equal to such property’s proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 3. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in the ordinance. Section 4. That the owner of any of the Subject Benefitted Properties identified in Exhibit B attached hereto may pay the amount allocated without interest if payment is made prior to October 30, 2009. If full payment is not made prior to October 30, 2009, then payment VOLUME LXXIV AUGUST 26, 2009 631 shall be made in full plus interest at the rate of six percent (6%) per annum accruing from August 26, 2009 until the date of payment. Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the Owner of any of the subject benefitted properties, or any other person or entity, the right to annex into the City of Elgin. Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control. Section 7. Developer shall within thirty (30) days of the adoption of this ordinance record a certified copy of this ordinance with the Kane County Recorder. Developer shall also within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the benefitted properties identified in Exhibit B. Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the subject benefitted properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk Exhibits A and B for Ordinance T42-09 on File in the City Clerk’s Office AUGUST 26, 2009 VOLUME LXXIV 632 ORDINANCE T43-09 PASSED ALLOCATING THE COST OF CERTAIN OFF-SITE STORM SEWER ALONG A PORTION OF THE SECOND EXTENDED SECTION OF CAPITAL STREET FROM ESSEX DRIVE TO SOUTHERLY BOUNDARY OF CAPITAL CORPORATE CENTER TO BENEFITTED PROPERTIES (#7-OFF-SITE STORM SEWER IMPROVEMENTS) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. T43-09 AN ORDINANCE ALLOCATING THE COST OF CERTAIN OFF-SITE STORM SEWER ALONG A PORTION OF THE SECOND EXTENDED SECTION OF CAPITAL STREET FROM ESSEX DRIVE TO SOUTHERLY BOUNDARY OF CAPITAL CORPORATE CENTER TO BENEFITTED PROPERTIES (#7-Off-Site Storm Sewer Improvements) WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the state of Illinois (hereinafter referred to as the “City”), Bartels Farming Corporation, an Illinois corporation (being hereinafter referred to as “Owner”), and ABCP, LLC, an Illinois limited liability company (hereinafter referred to as “Developer”) entered int o an Annexation Agreement (being hereinafter referred to as “Annexation Agreement”) dated December 20 th, 2006; and WHEREAS, the City, the Owner, and the Developer agreed in said Annexation Agreement, section 3(F), that upon the completion of a certain off-site storm sewer line in that portion of Capital Street lying between Essex Drive and the southerly boundary of Capital Corporate Center (the “Subject Off-Site Storm Sewer Improvements”), that the City would adopt a recapture ordinance for the benefit of the Developer to collect from the Owner or Owners of the benefited properties to the north of the Subject Property their pro rata share of the cost to complete construction of the Subject Off-Site Storm Sewer Improvements; WHEREAS, the Developer extended the Subject Off-Site Storm Sewer Improvements and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of the Subject Off-Site Storm Sewer Improvements makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and VOLUME LXXIV AUGUST 26, 2009 633 WHEREAS, the construction of the Subject Off-Site Storm Sewer Improvements and allocation of the costs of the Subject Off-Site Storm Sewer Improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City has determined that the Subject Off-Site Storm Sewer Improvements heretofore described shall benefit ten (10) parcels of land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled “Recapture Area”; and WHEREAS, within the Recapture Area, one of the ten parcels is owned by the Developer, 43.5 acres of the total 62.91, making 69.15% of the costs of the Subject Off-Site Storm Sewer Improvements attributable to the Developer and the nine remaining parcels will share in the remaining balance of the costs of the Subject Off-Site Storm Sewer Improvements; and WHEREAS, the total Project Cost of the Subject Off-Site Storm Sewer Improvements was $220,368.17; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject Off-Site Storm Sewer Improvements to properties benefited by the availability of such facilities should be computed at the rate of $3,502.91 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto and made a part hereof who desires to annex into the City of Elgin and/or otherwise make indirect use of the Subject Off-Site Storm Sewer Improvements shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject Off-Site Storm Sewer Improvements being the amount of $3,502.91 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for storm sewer services and in addition to any and all other requirements established by the City of Elgin for connection to storm sewer services including, but not limited to, annexation into the City of Elgin. Section 2. No property listed in Exhibit B that will be permitted to connect to any storm sewer that ultimately ties into the Subject Off-Site Storm Sewer Improvements shall be annexed into the City or shall be issued a building permit or otherwise be issued a permit by the City of Elgin to use Storm Sewer Improvements which are tributary to the Subject Off-Site Storm Sewer Improvements until such time as payment is made to the Developer in an amount equal to such property’s proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 3. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall AUGUST 26, 2009 VOLUME LXXIV 634 be subject to payment based on the entire amount established for the entire parcel as provided in the ordinance. Section 4. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto may pay the amount allocated without interest if payment is made prior to October 30, 2009. If full payment is not made prior to October 30, 2009 then payment shall be made in full plus interest at the rate of six percent (6%) per annum accruing from August 26, 2009 until the date of payment. Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the Owner of any of the subject benefitted properties, or any other person or entity, the right to annex into the City of Elgin. Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control. Section 7. Developer shall within thirty (30) days of the adoption of this ordinance record a certified copy of this ordinance with the Kane County Recorder. Developer shall also within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the benefitted properties identified in Exhibit B. Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the subject benefitted properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 Recorded: August 27, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk Exhibits A and B for Ordinance T43-09 on File in the City Clerk’s Office VOLUME LXXIV AUGUST 26, 2009 635 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Centre Advisory Board Minutes – May 14, 2009 Cultural Arts Commission Minutes – July 13, 209 Planning and Development Commission Minutes – May 4, 2009 Retiree Health Insurance Trust Fund Board Minutes – May 11, 2009 Sales Tax – August Report Telecommunication Tax – August Report Committee of the Whole Minutes for July 12, 2009 City Council Minutes for July 12, 2009 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 8:10 p.m. s/ Diane Robertson September 9, 2009 Diane Robertson, City Clerk Date Approved