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HomeMy WebLinkAbouts - October 14, 2009 CC668 OCTOBER 14, 2009 VOLUME LXXIV 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 October 14, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:25 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Mayor Ed Schock. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE SEPTEMBER 23, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the September 23, 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 Red Ribbon Week Proclamation Mayor Schock read a proclamation recognizing Red Ribbon Week. The proclamation was accepted by Shirley Basset, Community Resource Specialist of the Hanover Park Township Mental Health Board. Community’s Response to Overcome Poverty (CROP) Hunger Walk Proclamation Mayor Schock read a proclamation recognizing the Community’s Response to Overcome Poverty Hunger Walk. The proclamation was accepted by Laurel Bault and Dr. Jerry Cain of Judson University. Ms. Bault thanked Dr. Cain and Dr. Sam of Elgin Community College for their assistance with the upcoming walk. Mayor Schock reminded the community to help those in need and issued a plea for food and winter coats. VOLUME LXXIV OCTOBER 14, 2009 669 RECOGNIZE PERSONS PRESENT David Kolvis stated his support of previous comments given regarding the sewer separation project. Mike Debrocke would like to see a traffic light at the intersection of Shales Parkway and Summit Street. Ryan Anderson expressed his concerns about a possible pit bull ban. He stated that these dogs are like family members. Michele Bachi stated there are many misconceptions about pit bulls. She said that they score high on temperament tests and that any dog can bite. She said that bans in other areas have been repealed or overturned. Dan Meagher stated his concerns about a pit bull ban and said that these dogs can be loving pets. Jeff Hargansow offered his services to educate people about pit bulls. Kim Ashbaugh said that she is an advocate for pit bulls. She feels that breed specific bans are not effective and that the problems are the owners, not the dogs. She encouraged everyone to do research on this matter. Linda Wyka stated that the problem not with a specific breed of dog, but it’s irresponsible owners. She stated that often other breeds are mistaken for pit bulls. She feels they have an unfair reputation. Mike Curtin apologized for giving some erroneous information regarding a newspaper article. He thanked Council for moving forward with the sewer separation project. Charlene Sligting stated the sewer separation project is a quality of life issue. She also said that she would like the odd/even parking ban extended throughout the entire SWAN neighborhood as it has improved the area where it was previously enacted. Janet Heinlo said she opposes any breed specific dog ban. She suggested the city license dogs so that it is known what dogs are within the City. Lila Lahalik stated she wanted to dispel the myths about pit bulls and she opposes a ban within the City. She feels it is the people who are irresponsible. She also said that breed identification is impossible except through DNA. She felt it would be logical to enact a vicious dog law. Natalie Salinas said that she was against a breed specific law, but felt a vicious dog law was more appropriate. She felt that irresponsible owners are the problem and that education is important. OCTOBER 14, 2009 VOLUME LXXIV 670 BID 09-051 AWARDED TO RK HYDRO-VAC INC. FOR THE REMOVAL AND RE- INSTALLATION OF THE GRANULAR ACTIVATED CARBON, SAND, AND GRAVEL FILTER MEDIA IN FILTERS #6 AND #8 AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award a contract to RK Hydro-Vac Inc. in the amount of $149,426 for the removal and re-installation of the granular activated carbon, sand, and gravel filter media in Filters # 6 and #8 at the Riverside Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-054 AWARDED TO TAKAO NAGAI ASSOCIATES, LTD. FOR THE SPRING STREET PARKING DECK STRUCTURE MAINTENANCE REPAIRS Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to award a contract to Takao Nagai Associates, Ltd. in the amount of $88,165 for the maintenance repairs to the Spring Street parking deck structure. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 68-06 APPROVED REQUESTING A MAP AMENDMENT FROM RC1 RESIDENCE CONSERVATION DISTRICT TO PRB PLANNED RESIDENCE BUSINESS DISTRICT; TO PERMIT THE ESTABLISHMENT OF OFFICES IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 110 NORTH MCLEAN BOULEVARD BY BWK PROPERTIES, LLC, AS APPLICANT AND OWNER Councilmember Warren made a motion, seconded by Councilmember Steffen, to remove Petition 68-06 from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Community Development Director Deering stated that the Planning and Development Commission had recommended approval of this petition in 2006. He stated there was a legal settlement agreement between the adjoining property owners such that if the Council was inclined to approve this petition, Condition No. 2 should be eliminated because of the settlement agreement, the applicant cannot comply with Condition No. 2. Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve Petition 68-06 removing Condition No. 2. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV OCTOBER 14, 2009 671 PETITION 69-06 APPROVED REQUESTING A MAP AMENDMENT FROM RC1 RESIDENCE CONSERVATION DISTRICT TO PRB PLANNED RESIDENCE BUSINESS DISTRICT, IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 130 NORTH MCLEAN BOULEVARD BY ELGIN NURSING PROPERTY, LLC, AS APPLICANT AND OWNER Councilmember Warren made a motion, seconded by Councilmember Steffen, to remove Petition 69-06 from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Community Development Director Deering stated this petition was a companion to the previous item just approved. The Planning and Development Commission had recommended approval in 2006. Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve Petition 69-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 15-09 APPROVED REQUESTING AN AMENDMENT TO A PGI PLANNED GENERAL INDUSTRIAL DISTRICT ORDINANCE, TO PERMIT SITE IMPROVEMENTS TO AN ESTABLISHED COMMERCIAL OPERATIONS YARD; PROPERTY LOCATED AT 1325 SOUTH STREET; BY ILLINOIS BELL TELEPHONE D.B.A. AT&T SERVICES, INC., AS APPLICANT AND OWNER Mr. Deering stated that the petitioners were proposing major storm water management improvements and landscaping improvements to the site. He reported that the Planning and Development recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve Petition 15-09 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Kaptain and Councilmember Prigge abstained due to a conflict of interest. ORDINANCE G58-09 PASSED AMENDING A PGI PLANNED GENERAL INDUSTRIAL DISTRICT TO PERMIT SITE IMPROVEMENTS (ILLINOIS BELL TELEPHONE, D/B/A AT&T SERVICES, INC., 1325 SOUTH STREET) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. 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. OCTOBER 14, 2009 VOLUME LXXIV 672 Ordinance No. G58-09 AN ORDINANCE AMENDING A PGI PLANNED GENERAL INDUSTRIAL DISTRICT TO PERMIT SITE IMPROVEMENTS (Illinois Bell Telephone d/b/a AT& T Services, Inc., 1325 South Street) WHEREAS, the territory herein described is classified in the PGI Planned General Industrial District; and WHEREAS, written application has been made to amend this PGI Planned General Industrial District to permit site improvements; and WHEREAS, the Planning and Development Commission 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, Illinois concurs in the findings and recommendation of the Planning and Development Commission. 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 September 21, 2009, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following boundaries hereinbefore laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PGI Planned General Industrial District, the following described areas: That part of the Northeast Quarter of Section 22, Township 41 North, Range 8, East of The Third Principal Meridian, Described As Follows: Commencing at the Southwest corner of Sunset Park, a subdivision of part of said Section 22; thence Northerly along the West line of said Sunset Park, a distance of 947.73 feet to the center line of South Street; thence Southwesterly along said center line a distance of 540.35 feet for the place of beginning; thence continuing Southwesterly along the center line of South Street a distance of 500.00 feet to line that is perpendicular to the center line of South Street and passes through the intersection of the Northwesterly line of South Street and the Easterly line of Weston Avenue; thence Southeasterly at right angles to the center line of South Street a distance of 33.0 feet; thence Southeasterly along the Northerly line of Federal Aid Highway Route 6 as established by instrument recorded November 9, 1959 in Book VOLUME LXXIV OCTOBER 14, 2009 673 38 of Plats page 82 as Document 905285, being along a line that forms an angle of 19 degrees 35 minutes to the left with prolongation of the last described course a distance of 366.5 feet to the Northerly right of way line of Federal Route 6; thence Southeasterly along the Northerly right of way line of Federal Aid Route 6, being along a line that forms an angle of 25 degrees 13 minutes to the left with the prolongation of the last described course a distance of 300.0 feet; thence Northwesterly a distance of 614.25 feet to the place of beginning, in situated in Elgin Township, Kane County, Illinois (Property commonly known as 1325 South Street). Section 3. That the City Council of the City of Elgin hereby grants an amendment to a PGI District for the property commonly known as 1325 South Street, and legally described above, which shall be designed, developed, and operated subject to the following conditions: 1. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance, submitted with the development application and letters prepared by Scott R. Larson, Architect/Project Manager of Teng & Associates, Inc., dated August 26, 2009, and September 1, 2009. 2. Substantial conformance to Site Plan (Sheet C1.1), and Landscape Plans (Sheets L1.0 and L2.0), prepared by Teng & Associates, Inc., last revised date October 5, 2009. 3. AT&T Services, Inc. shall require their employees to park only in the off street parking lot on the subject property and not on the street. 4. Compliance with all other applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Passed: October 14, 2009 Vote: Yeas: 6 Nays: 0 Recorded: October 15, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 14, 2009 VOLUME LXXIV 674 ANNEXATION AGREEMENT HEARING DATE SET FOR NOVEMBER 4, 2009; PROPERTY LOCATED AT 1760 CAPITAL STREET, BY GLENN MANAGEMENT OF NORTHBROOK, INC., AS APPLICANTS AND ABCP INVESTMENTS, LLC, AS OWNERS (PETITION 19-09) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to set the annexation hearing date for Petition 19-09 for the November 4, 2009, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-224 ADOPTED ADOPTING THE OVERHEAD SEWER AND BACKWATER VALVE ASSISTANCE PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, 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. 09-224 RESOLUTION ADOPTING THE OVERHEAD SEWER AND BACKWATER VALVE ASSISTANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts the Overhead Sewer and Backwater Valve Assistance Program dated October 2009 to provide funding to residents to help defray the costs incurred for the installation of overhead sewers or backup valves, a copy of which is attached. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV OCTOBER 14, 2009 675 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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 Meade Electric McCook, IL $12,679.32 Emergency Repairs May, July, and August CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Warren, to pass Ordinance No. G57-09 and adopt Resolution Nos. 09-211 through 09-223 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-211 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH BABE RUTH TEENER LEAGUE FOR IMPROVEMENTS TO THE TROUT PARK BASEBALL FIELD Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-211 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH BABE RUTH TEENER LEAGUE FOR IMPROVEMENTS TO THE TROUT PARK BASEBALL FIELD 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 a Grant Agreement with the Babe Ruth Teener League on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor OCTOBER 14, 2009 VOLUME LXXIV 676 Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-212 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE BIG TIMBER ROAD RESURFACING PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-212 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE BIG TIMBER ROAD RESURFACING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a local agency agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the Big Timber Road Resurfacing Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV OCTOBER 14, 2009 677 RESOLUTION 09-213 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH FUNK PROPERTIES LIMITED Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-213 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH FUNK PROPERTIES LIMITED BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Funk Properties Limited for the city’s acquisition of necessary right of way for the extension of South Street and easements for the Bowes Road Interceptor Sewer Trunk 20 Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-214 ADOPTED AUTHORIZING EXECUTION OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY (BENT STREET COMBINED SEWER SEPARATION PROJECT MILE POST 41.5, ELGIN INDUSTRIAL LEAD) Councilmember Gilliam made a motion, seconded by Councilmember Warren, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. OCTOBER 14, 2009 VOLUME LXXIV 678 Resolution No. 09-214 RESOLUTION AUTHORIZING EXECUTION OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY (Bent Street Combined Sewer Separation Project Mile Post 41.5, Elgin Industrial Lead) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, is hereby authorized and directed to execute a Pipeline Crossing Agreement on behalf of the City of Elgin with Union Pacific Railroad Company for the Bent Street Combined Sewer Separation Project at Mile Post 41.5, Elgin Industrial Lead, a c opy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-215 ADOPTED AUTHORIZING EXECUTION OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY (BENT STREET COMBINED SEWER SEPARATION PROJECT MILE POST 41.28, ELGIN INDUSTRIAL LEAD) Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-215 RESOLUTION AUTHORIZING EXECUTION OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY (Bent Street Combined Sewer Separation Project Mile Post 41.28, Elgin Industrial Lead) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Pipeline Crossing Agreement on behalf of the City of Elgin with Union Pacific Railroad Company for the Bent VOLUME LXXIV OCTOBER 14, 2009 679 Street Combined Sewer Separation Project at Mile Post 41.28, Elgin Industrial Lead, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-216 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, P.C. FOR 2006-2010 COMBINED SEWER PERMIT COMPLIANCE PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-216 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, P.C. FOR 2006-2010 COMBINED SEWER PERMIT COMPLIANCE PROJECT 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 a second amendment agreement on behalf of the City of Elgin with Carroll Engineering & Associates, P.C. for the 2006-2010 Combined Sewer Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor OCTOBER 14, 2009 VOLUME LXXIV 680 Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-217 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE BIG TIMBER ROAD FROM MCLEAN BOULEVARD TO ILLINOIS ROUTE 31 (STATE STREET) RESURFACING PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-217 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE BIG TIMBER ROAD FROM MC LEAN BOULEVARD TO ILLINOIS ROUTE 31 (STATE STREET) RESURFACING PROJECT 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 for the Big Timber Road from McLean Boulevard to Illinois Route 31 Resurfacing Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV OCTOBER 14, 2009 681 RESOLUTION 09-218 ADOPTED AUTHORIZING EXECUTION OF AGREEMENTS WITH CASEY EQUIPMENT FOR RENTAL OF WHEEL LOADERS FOR THE CITY’S SALT STORAGE FACILITIES Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-218 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH CASEY EQUIPMENT FOR RENTAL OF WHEEL LOADERS FOR THE CITY’S SALT STORAGE FACILITIES 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 two agreements on behalf of the City of Elgin with Casey Equipment for the rental of t wo wheel loaders for the city’s salt storage facilities, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-219 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Gilliam made a motion, seconded by Councilmember Warren, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. OCTOBER 14, 2009 VOLUME LXXIV 682 Resolution No. 09-219 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Charles Kellenberger be and is hereby appointed as a member of the Building Commission, for a term to expire May 1, 2011. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-220 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR THE 2008 CENTRAL BUSINESS DISTRICT WATER MAIN PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-220 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR THE 2008 CENTRAL BUSINESS DISTRICT WATER MAIN PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Martam Construction, Inc. for the 2008 Central Business District Water Main Project; 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. VOLUME LXXIV OCTOBER 14, 2009 683 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: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-221 ADOPTED RATIFYING EXECUTION OF A REMOVAL ACTION ACCESS AGREEMENT, COVENANT NOT TO SUE AND RELEASE (20 JEFFERSON AVENUE) Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-221 RESOLUTION RATIFYING THE EXECUTION OF A REMOVAL ACTION ACCESS AGREEMENT, COVENANT NOT TO SUE AND RELEASE (20 Jefferson Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Removal Action Access Agreement, Covenant Not to Sue and Release by Sean R. Stegall, City Manager, regarding environmental clean-up of the city owned property at 20 Jefferson Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor OCTOBER 14, 2009 VOLUME LXXIV 684 Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-222 ADOPTED AUTHORIZING EXECUTION OF AN ACCESS EASEMENT AGREEMENT WITH SHERMAN HEALTH SYSTEMS Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-222 RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS EASEMENT AGREEMENT WITH SHERMAN HEALTH SYSTEMS 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 Access Easement Agreement with Sherman Health Systems on behalf of the City of Elgin for access for the benefit of the city and the public for a non-exclusive easement for ingress and egress for vehicular traffic over and across the cul de sac property located at the western terminus of Holmes Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV OCTOBER 14, 2009 685 RESOLUTION 09-223 ADOPTED RATIFYING EXECUTION OF A FIRST AMENDMENT TO FOUNTAIN SQUARE ON THE RIVER EASEMENT AND OPERATING AGREEMENT Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-223 RESOLUTION RATIFYING THE EXECUTION OF A FIRST AMENDMENT TO FOUNTAIN SQUARE ON THE RIVER EASEMENT AND OPERATING AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a First Amendment to Fountain Square on the River Easement and Operating Agreement by Ed Schock, Mayor, and Diane Robertson, City Clerk, regarding the Fountain Square on the River condominium development, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G57-09 PASSED AMENDING SECTION 11.40.095 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “VEHICLE SEIZURE AND IMPOUNDMENT” Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. G57-09 OCTOBER 14, 2009 VOLUME LXXIV 686 AN ORDINANCE AMENDING SECTION 11.40.095 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “VEHICLE SEIZURE AND IMPOUNDMENT” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended, entitled “Vehicle Seizure and Impoundment” be and is hereby further amended to read as follows: “11.40.095: VEHICLE SEIZURE AND IMPOUNDMENT: A. A motor vehicle, operated with the permission, express or implied, of the owner of record of that motor vehicle, that is used in connection with the following violations, shall be liable to the city for an administrative penalty in an amount not to exceed five hundred dollars ($500.00), in addition to any towing and storage fees as hereinafter provided: 1. Driving while the driver's license, permit or privilege to operate a motor vehicle is suspended or revoked, in violation of section 6- 303 of the Illinois vehicle code1, as amended, pursuant to Illinois secretary of state action. 2. Driving under the influence of alcohol, drugs or intoxicating compounds, or any combination thereof, in violation of section 11- 501 of the Illinois vehicle code2, as amended. 3. Operating a motor vehicle without having ever been issued a driver's license or permit, in violation of section 6-101 of the Illinois vehicle code3, as amended. 4. Operating or permitting the operation of any sound amplification system located in a motor vehicle when the sound amplification system can be heard outside the motor vehicle from seventy five (75) or more feet when the motor vehicle is being operated upon a street, highway or roadway unless such system is being operated to request assistance or warn of a hazardous situation. This subsection shall not apply to authorized emergency vehicles. B. The applicability of this section and the fees for towing and storing a vehicle under this section shall be as follows: 1. This section shall not replace or otherwise abrogate any existing state or federal laws or city ordinances pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any VOLUME LXXIV OCTOBER 14, 2009 687 penalties that may be assessed by a court for any criminal damages. 2. This section shall not apply if the motor vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered. 3. Fees for towing and storage of a motor vehicle under this section shall not exceed those approved by the city manager or chief of police for all towers authorized to tow motor vehicles for the police department. C. A motor vehicle that is used in the violation of subsection A of this section shall be subject to seizure and impoundment under this section. The owner of record of such vehicle shall be liable to the city for a penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. For the purposes of this section, the "owner of record" of a motor vehicle is the record titleholder as registered with the secretary of state. 1. Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the motor vehicle to a facility controlled by the city or its agents. When the motor vehicle is towed, the police officer shall notify the person who is found to be in control of the motor vehicle at the time of the alleged violations, if there is such a person, of the fact of the seizure and of the motor vehicle owner's right to request a preliminary hearing to be conducted under this section. 2. Whenever the owner of a motor vehicle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, the corporation counsel of the city or his designee shall conduct such preliminary hearing within twenty four (24) hours after the seizure, excluding Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing. If, after the hearing, the corporation counsel or his designee determines that there is probable cause to believe that the motor vehicle was used in the violation of subsection A of this section he shall order the continued impoundment of the motor vehicle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of five hundred dollars ($500.00) plus fees for towing and storing the motor vehicle. If the corporation counsel or his OCTOBER 14, 2009 VOLUME LXXIV 688 designee determines that there is no such probable cause, the motor vehicle will be returned without penalty or other fees. 3. Within ten (10) days after a motor vehicle is seized and impounded pursuant to this section, the city shall notify by personal service or by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the court or hearing officer, not less than fifteen (15) days and not more than forty five (45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If after a hearing, it is determined by a preponderance of evidence that the motor vehicle was used in the commission of any of the violations described in subsection A of this section the motor vehicle shall continue to be impounded until the owner pays a penalty of five hundred dollars ($500.00) plus fees for towing and storage of the motor vehicle. The penalty and fees shall be a debt due and owing the city. However, if a cash bond has been posted the bond shall be applied to the penalty. If it is determined at a hearing that the motor vehicle was not used in such a violation, the vehicle or cash bond shall be returned without penalty or other fees. Notwithstanding any other provision of this section, whenever a person with a lien of record against a motor vehicle impounded under this section has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he agrees in writing to refund to the city the net proceeds of any foreclosure sale, less any amount necessary to pay all lien holders of record, up to the total amount of penalties imposed under this subsection C. 4. Any motor vehicle that is not reclaimed within thirty (30) days after the expiration of the time during which the owner of record may seek judicial review of the city's action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed motor vehicle as provided by law.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LXXIV OCTOBER 14, 2009 689 Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Passed: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 15, 2009 Published: October 16, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk 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. Report on Emergency Procurement with Terracon Consultants, Inc. Cultural Arts Commission Minutes – August 10, 2009 Design Review subcommittee Minutes – August 25 & September 8, 2009 Emergency Telephone System Board Minutes – August 25, 2009 Planning & Development Commission Minutes – August 17 & September 8, 2009 Police Pension Fund/Investment Committee Minutes – June 18 & August 20, 2009 Hotel Motel Tax Report – August, 2009 Sales Tax Reports – September, 2009 Telecommunication Tax Report – September, 2009 Committee of the Whole Minutes for September 9, 2009 City Council Minutes for September 9, 2009 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. OCTOBER 14, 2009 VOLUME LXXIV 690 ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Collective Bargaining Issues or Deliberations Concerning Salary Schedules for One or More Classes of Employees -Exempt Under Section 120/2(c)(2) of the Open Meetings Act The meeting adjourned at 8:18 p.m. s/ Diane Robertson October 28, 2009 Diane Robertson, City Clerk Date Approved