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HomeMy WebLinkAboutf - March 31, 2010 CC148 MARCH 31, 2010 VOLUME LXXV 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 March 31, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:45 p.m. The Invocation was given by Allie Mueller and the Pledge of Allegiance was led by Dr. Wellesley Scott ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Absent: Councilmember Warren. MINUTES OF THE MARCH 10, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. COMMUNICATIONS Ina Dews Day Mayor Schock read a proclamation recognizing Ina Dews for her work to end discriminatory practices in Elgin through her involvement with the Elgin Human Relations Commission. He stated that March 31, 2010, has been proclaimed Ina Dews Day in the City of Elgin, IL. Jason Musser i-Phone Application Recognition Mayor Schock recognized Mr. Musser for his creation of an i-Phone application regarding the odd/even parking restriction within the city. Building Maintenance Employees Recognition City Manager Stegall thanked the Building Maintenance employees for all that they do to repair and maintain over one hundred city buildings. Building Maintenance Supervisor Rich Hoke introduced the attending staff. VOLUME LXXV MARCH 31, 2010 149 American Water Works Association Competition Recognition Water System Superintendent Kyla Jacobson recognized members of her staff who recently participated in the American Water Works Association “Top Ops” competition. They included Mike Bourgerie, Jeff Luker and Erik Olsen who won first place in Top Op, Eric Kresmery who won second place in Meter Madness, and Randy Waterman, John Fabrizius, Terry Smart and Rob Berg who took third at the Tapping competition. All were part of the Annual Illinois Sectional American Water Works Association meeting in Springfield held on March 16 & 17. RECOGNIZE PERSONS PRESENT Laurie Faith Gibson-Aiello invited members of the public to attend a fund-raising event on April 18, 2010, to benefit the Friends of Lords Park Zoo. Gary Bohlin expressed his concerns about lawfully non-conforming properties, and predatory and discriminatory zoning tactics. BID 10-003A AWARDED TO BROITZMAN PROFESSIONAL SERVICES AND ALASHER LANDSCAPE COMPANY FOR CONTRACTUAL GROUNDS MAINTENANCE FOR BLUFF CITY CEMETERY, PUBLIC WORKS AND LAND MANAGEMENT PROPERTIES Jim Bell, Public Works Supervisor, gave a brief presentation on the Public Works Property Management System. This system includes establishing best management practices to provide a consistent level of maintenance for scheduling, budgeting and development; effective bid service to secure best pricing; and to meet public expectations. Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve an agreement with Broitzman Professional Services in the amount of $69,960 for grounds maintenance of Bluff City Cemetery, and Alasher Landscape Company in the amount of $174,945 for grounds maintenance of both the Public Works and Land Management properties. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. BID 10-004 AWARDED TO DAVEY TREE EXPERT COMPANY FOR HERBICIDE SPRAYING APPLICATION SERVICES Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to approve an agreement with Davey Tree Expert Company in the amount of $36,825 for herbicide spraying application services. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. MARCH 31, 2010 VOLUME LXXV 150 BID 10-005 AWARDED TO VARIOUS VENDORS FOR GOLF CHEMICAL SUPPLIES Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve an agreements with the vendors listed below for a total amount of $168,651.90 for the purchase of golf chemical supplies. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. a) National Seed b) John Deere Landscapes c) Winfield Solutions d) Martenson Turf Products e) Conserv f) Growing Solutions g) BTSI h) Soil Technologies i) Chicagoland Turf j) Arthur Clesen k) Reinders BID 10-006 AWARDED TO GOLD MEDAL CHICAGO AND FOX RIVER FOODS FOR CONCESSION ITEMS FOR MULTIPLE PARKS AND RECREATION FACILITIES Councilmember Prigge made a motion, seconded by Councilmember Kaptain, to enter into an agreement with Gold Medal Chicago in the amount of $18,000 and Fox River Foods in the amount of $30,000 for the purchase of concession items for multiple Parks and Recreation Facilities. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. BID 10-011 AWARDED TO SCHROEDER ASPHALT SERVICES FOR THE 2010 MOTOR FUEL TAX INTERMITTENT RESURFACING PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to enter into an agreement with Schroeder Asphalt Services in the amount of $476,193 for the 2010 Motor Fuel Tax Intermittent Resurfacing Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. BID 10-012 AWARDED TO MARC KRESMERY CONSTRUCTION LLC FOR U.S. ROUTE 20 AND NESLER ROAD 24-INCH WATER MAIN PROJECT Councilmember Dunne made a motion, seconded by Councilmember Steffen, to enter into an agreement with Marc Kresmery Construction LLC in the amount of $129,800 for the U.S. Route 20 and Nesler Road 24-inch Watermain Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. VOLUME LXXV MARCH 31, 2010 151 BID 10-013 AWARDED TO DAVEY TREE EXPERT COMPANY FOR MUNICIPAL TREE CARE MAINTENANCE SERVICE Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to enter into an agreement with Davey Tree Expert Company in the amount of $155,000 for municipal tree care maintenance service. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. BID 10-014 AWARDED TO CHICAGOLAND CONSTRUCTION FOR SEALER APPLICATIONS FOR THREE PARKING STRUCTURES Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to enter into an agreement with Chicagoland Construction in the amount of $100,018.29 for sealer applications for three parking structures. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. FINAL PUBLIC HEARING REGARDING FISCAL YEAR 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mayor Schock declared the public hearing open. Matt Fitzgibbons, Community Development Planner, reviewed the process to date. He noted that the required notice had been published in the local newspaper and that no comments had been received from the public. A total of $828,395 will be awarded in grants. There being no comments from the audience, Mayor Schock declared the public hearing closed. RESOLUTION 10-65 ADOPTED AUTHORIZING FILING OF APPLICATION AND ONE YEAR ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Resolution No. 10-65 RESOLUTION AUTHORIZING FILING OF APPLICATION AND ONE YEAR ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of local governments for the purpose of strengthening MARCH 31, 2010 VOLUME LXXV 152 the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the preservation and rehabilitation of affordable housing, the rehabilitation of public facilities, and support for public service activities may be addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Eight Hundred Twenty-eight Thousand, Three Hundred and Ninety-five Dollars ($828,395) for the following projects: 1. RESIDENTIAL REHABILITATION GRANT PROGRAM CDBG funds will be used to provide grants for the rehabilitation of housing owned and/or occupied by low and moderate income families. Submitting Agency: City of Elgin’s Community Development Group Location: City-wide activity Proposed Level of Funding: $520,162 2. CDBG PROGRAM ADMINISTRATION CDBG funds will be used for program administration, including program oversight, management, monitoring and coordination; the preparation and submission of reports as required by federal regulations; and public information and assistance. Submitting Agency: City of Elgin’s Community Development Group Location: 150 Dexter Court, Elgin Proposed Level of Funding: $75,000 3. NORTHERN ILLINOIS FOOD BANK – FOOD DISTRIBUTION AND COMMUNITY NUTRITION CENTER CDBG funds will be used to assist with funding the construction of a new food distribution facility and nutrition center. Submitting Agency: Northern Illinois Food Bank Location: Averill Road, Geneva Proposed Level of Funding: $50,000 4. ECKER CENTER FOR MENTAL HEALTH – RETAINING WALL REPLACEMENT CDBG funds will be used to reconstruct a collapsed retaining wall. Submitting Agency: Ecker Center for Mental Health Location: 1845 Grandstand Place, Elgin Proposed Level of Funding: $30,838 VOLUME LXXV MARCH 31, 2010 153 5. PADS OF ELGIN EMERGENCY SHELTER PROGRAM CDBG funds will be used to pay the rent for their facilities, wherein are provided emergency shelter and homeless prevention services. Submitting Agency: PADS of Elgin Location: 1730 Berkley Street, Elgin Proposed Level of Funding: $50,000 6. YWCA ELGIN – ROOF REPAIR – ARCHITECTURAL DRAWINGS CDBG funds will be used to repair the building’s roof and develop architectural drawings to remodel the entire building for current and future needs. Submitting Agency: YWCA Elgin Location: 220 East Chicago Street, Elgin Proposed Level of Funding: $55,400 7. COMMUNITY CRISIS CENTER – INTERIOR BUILDING IMPROVEMENTS CDBG funds will be used to repair and improve the building and facilities. Submitting Agency: Community Crisis Center, Inc. Location: 37 S. Geneva Street, Elgin Proposed Level of Funding: $36,850 8. NHS OF THE FOX VALLEY – FORECLOSURE PREVENTION AND HOMEBUYER COUNSELING CDBG funds will be used to provide foreclosure prevention and homebuyer counseling. Submitting Agency: NHS of the Fox Valley Location: 163 East Chicago Street, Elgin Proposed Level of Funding: $29,750 Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Adopted: March 31, 2010 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MARCH 31, 2010 VOLUME LXXV 154 REQUEST TO SET A PUBLIC HEARING DATE ON APRIL 28, 2010, TO CONSIDER A SECOND AMENDMENT OF A “BACK-UP” SPECIAL SERVICE AREA FOR STORMWATER MANAGEMENT FACILITIES IN THE HIGHLAND WOODS SUBDIVISION (SSA#18) AND SANDY CREEK ESTATES (FOY PROPERTY) SUBDIVISION (SSA#26) Sarosh Saher, Senior Planner, reviewed the request noting that the second amendment proposes the following: i. Creation of separate and discrete special service areas for the Highland Woods subdivision and the Sandy Creek Estates Subdivision (Foy Property) respectively. The boundary of each special service area will follow the boundary of the platted subdivision. ii. Inclusion of an additional neighborhood – Neighborhood “J” – within the Highland Woods Subdivision that will be subject to the provisions of the SSA. iii. Correction of a scrivener’s error in the legal description to include areas that were inadvertently omitted from the already established special service area for Highland Woods Subdivision. It was suggested that the public hearing occur on April 28, 2010, beginning at 7:00 p.m. Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to set a public hearing date of April 28, 2010. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. ORDINANCE T20-10 PASSED PROPOSING THE AMENDED HIGHLAND WOODS SPECIAL SERVICE AREA (SSA#18) IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. VOLUME LXXV MARCH 31, 2010 155 Ordinance No. T20-10 AN ORDINANCE PROPOSING THE AMENDEDHIGHLAND WOODS SPECIAL SERVICE AREA (SSA#18) IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, on October 25, 2006, the City Council of the City of Elgin adopted Ordinance No. T38-06 being an ordinance establishing the Highland Woods/Foy Property Subdivision Special Service Area of Elgin, Illinois (#SSA 18) providing for the levy of taxes for the purpose of paying the cost of providing special services in and for such area and was thereafter recorded with the Kane County Recorder on December 28, 2006 as Document No. 2006K140483; and WHEREAS, Ordinance No. T38-06 was amended to correct a scrivener’s error in the legal description set forth therein pursuant to Ordinance No. T28-08 and was thereafter recorded with the Kane County Recorder on August 11, 2008 as Document No. 2008K064822; and WHEREAS, it is the intention of the City of Elgin to amend Ordinance T28-08 to create two separate and discrete special service areas for the Highland Woods Subdivision and the Foy Property, hereinafter referred to as the Sandy Creek Estates Subdivision; and WHEREAS, it is the intention of the developer of the Highland Woods Subdivision to amend the boundaries of the subdivision with the addition of a neighborhood, that neighborhood being additionally described as “Neighborhood J” and made a part of Exhibit A, attached hereto; and WHEREAS, it has been discovered that the legal description set forth in Ordinance T28- 08 in Exhibit A thereof contains a scrivener’s error; and WHEREAS, it is the intention of the City Council of the City of Elgin for the Special Service Area for the Highland Woods Subdivision to follow the subdivision boundaries of the Highland Woods Subdivision and it is necessary and desirable to amend Ordinance T28-08 to MARCH 31, 2010 VOLUME LXXV 156 include the additional territory within the subdivision and to correct the scrivener’s error in the legal description in Exhibit A thereto. WHEREAS, the amended Highland Woods Subdivision Special Service Area (SSA#18) is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the amended Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held by the City Council of the City of Elgin on April 28, 2010, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of the amended Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this resolution. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the amended Special Service Area is in an amount not to exceed an annual rate of 0.517 of the equalized assessed value of the property within the proposed amended Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the amended Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $386,100.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the amended Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed amended Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed amended Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set VOLUME LXXV MARCH 31, 2010 157 for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the amended Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN HIGHLAND WOODS SUBDIVISION AMENDED SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on April 28, 2010, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of an amended Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Amended Special Service Area is 910 Coombs Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Amended Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Amended Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Amended Special Service Area and the tax levy affecting that Amended Special Service Area. The purpose for establishing the Amended Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Amended Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Amended Special Service Area is in an amount not to exceed an annual rate of 0.517 of the equalized assessed value of the MARCH 31, 2010 VOLUME LXXV 158 property within the proposed Amended Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Amended Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $386,100.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Amended Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Amended Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Amended Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Amended Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Amended Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Amended Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Amended Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Amended Special Service Area, no such Amended Special Service Area may be established nor any tax levied or imposed. Dated this ______ Day of ____________________, 2010. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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 LXXV MARCH 31, 2010 159 Presented: March 31, 2010 Passed: March 31, 2010 Vote: Yeas: 6 Nays: 0 Recorded: April 1, 2010 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T21-10 PASSED PROPOSING THE AMENDED SANDY CREEK ESTATES SUBDIVISION (FOY PROPERTY) SPECIAL SERVICE AREA (SSA#26) IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES 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, and Mayor Schock. Nays: None. Ordinance No. T21-10 AN ORDINANCE PROPOSING THE AMENDED FOY PROPERTY (SANDY CREEK ESTATES SUBDIVISION) SPECIAL SERVICE AREA (SSA#26) IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, on October 25, 2006, the City Council of the City of Elgin adopted Ordinance No. T38-06 being an ordinance establishing the Highland Woods/Foy Property MARCH 31, 2010 VOLUME LXXV 160 Subdivision Special Service Area of Elgin, Illinois (#SSA 18) and providing for the levy of taxes for the purpose of paying the cost of providing special services in and for such area and was thereafter recorded with the Kane County Recorder on December 28, 2006 as Document No. 2006K140483; and WHEREAS, Ordinance No. T38-06 was amended to correct a scrivener’s error in the legal description set forth therein pursuant to Ordinance No. T28-08 and was thereafter recorded with the Kane County Recorder on August 11, 2008 as Document No. 2008K064822; and WHEREAS, it is the intention of the City of Elgin to amend Ordinance T28-08 to create two separate and discrete special service areas for the Highland Woods Subdivision and the Foy Property, hereinafter referred to as the Sandy Creek Estates Subdivision; and WHEREAS, it was the intention of the City Council of the City of Elgin for the Special Service Area for the Sandy Creek Estates Subdivision to follow the subdivision boundaries of the Sandy Creek Estates Subdivision and it is necessary and desirable to amend Ordinance T28-08 to create such special service area as described in the legal description in Exhibit A thereto. WHEREAS, the amended Sandy Creek Estates Subdivision Special Service Area (SSA#26) is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the amended Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held by the City Council of the City of Elgin on April 28, 2010, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of the amended Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this resolution. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the amended Special Service Area is in an amount not to exceed an annual rate of 0.517 of the equalized assessed value of the property within the proposed amended Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the amended Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax VOLUME LXXV MARCH 31, 2010 161 Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $386,100.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the amended Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed amended Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed amended Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the amended Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN SANDY CREEK ESTATES SUBDIVISION (FOY PROPERTY) AMENDED SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on April 28, 2010, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of an amended Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Amended Special Service Area is 3350 U.S. Route 20 in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Amended Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Amended Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Amended Special Service Area and the tax levy affecting that Amended Special Service Area. MARCH 31, 2010 VOLUME LXXV 162 The purpose for establishing the Amended Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Amended Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Amended Special Service Area is in an amount not to exceed an annual rate of 0.517 of the equalized assessed value of the property within the proposed Amended Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Amended Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $386,100.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Amended Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Amended Special Service Area shall remain abeyant and shall take effect only in the event the homeowners’ or other property owner association responsible for the property within the proposed Amended Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Amended Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Amended Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Amended Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Amended Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Amended Special Service Area, no such Amended Special Service Area may be established nor any tax levied or imposed. VOLUME LXXV MARCH 31, 2010 163 Dated this ______ Day of ____________________, 2010. _______________________________________ CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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: March 31, 2010 Passed: March 31, 2010 Vote: Yeas: 6 Nays: 0 Recorded: April 1, 2010 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-67 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Councilmember Dunne said that he was concerned that this agreement and the one for Downtown Neighborhood Association had not been opened to bid. He said he would also like to see some goals or expectations set for each organization. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: Councilmember Dunne. MARCH 31, 2010 VOLUME LXXV 164 Resolution No. 10-67 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION 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 Economic Development Services Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association for economic development services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Adopted: March 31, 2010 Vote: Yeas: 5 Nays: 1 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-68 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: Councilmember Dunne. Resolution No. 10-68 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE 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 Economic Development Services Agreement on behalf of the City of Elgin with the Elgin Area Chamber of Commerce for economic development services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV MARCH 31, 2010 165 Presented: March 31, 2010 Adopted: March 31, 2010 Vote: Yeas: 5 Nays: 1 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON IHC Construction Co LLC Elgin, IL $ 38,899.60 Emergency water main repairs throughout the City (see attachment) Water Well Solutions Coal City, IL $ 22,748.34 Emergency water well #6 repair Metro West Aurora, IL $ 30,000.00 Membership renewal dues for May, 2010 – April 2011 Northern Illinois Special Recreation Association Crystal Lake, IL 60014 $382,340.00 Membership renewal dues for May, 2010 – April 2011 CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. S1-10, and G11-10 through G14-10 and adopt Resolution Nos. 10-61 through 10-66 (except 10-65 adopted above) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. RESOLUTION 10-61 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY GRANT AWARD 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, and Mayor Schock. Nays: None. MARCH 31, 2010 VOLUME LXXV 166 Resolution No. 10-61 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY GRANT AWARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Criminal Justice Information Authority Grant Award in the amount of $104,888 for the salary, fringe, and flat rate benefits for one part- time domestic violence case manager position for three years. BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant award program. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Adopted: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-62 ADOPTED APPROVING REIMBURSEMENT TO TOLL BROTHERS FOR THE COST OF OVERSIZING THE WATERMAIN FOR THE BOWES CREEK COUNTRY CLUB (THE GLEN SUBDIVISION AND THE TRADITIONS AT FITCHIE CREEK) 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, and Mayor Schock. Nays: None. Resolution No. 10-62 RESOLUTION APPROVING REIMBURSEMENT TO TOLL BROTHERS FOR THE COST OF OVERSIZING THE WATERMAIN FOR THE BOWES CREEK COUNTRY CLUB (The Glen Subdivision and The Traditions at Fitchie Creek) VOLUME LXXV MARCH 31, 2010 167 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the reimbursement in the amount of $81,848 to Toll Brothers for the cost of oversizing the watermain for the Bowes Creek Country Club watermain extension at the Glen Subdivision. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the reimbursement in the amount of $150,817 to Toll Brothers for the cost of oversizing the watermain for the Bowes Creek Country Club watermain extension at The Traditions of Fitchie Creek (Burnside). s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Adopted: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-63 ADOPTED AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS 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, and Mayor Schock. Nays: None. Resolution No. 10-63 RESOLUTION AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, is hereby authorized and directed to distribute grants to the following youth sports organizations for the purposes specified herein and pursuant to the terms and conditions in the agreements between the City of Elgin and the respective youth sports organizations: MARCH 31, 2010 VOLUME LXXV 168 Elgin American Little League: Field Upgrade $ 7,500 Dugout Roofs $ 1,200 Total $ 8,700 American Legion: Concrete Paths/Pads $ 2,500 Electric Service to Scoreboard $ 2,000 Total $ 4,500 Elgin Classic Little League: Electrical Repair $ 4,000 Fencing $ 5,000 Bathroom Vents $ 2,500 Total $ 11,500 Babe Ruth Teener League: Announcer Booth $ 51,100 AED $ 2,170 Total $ 53,270 Elgin Youth Football: Safety Fence Cover $ 1,000 Main Entrance Gate $ 950 Roof Repairs $ 22,400 Total $ 24,350 Elgin Continental Little League: Bleachers (2 @ $2,900) $ 5,800 Washroom Repair $ 700 AED $ 2,180 Total $ 8,680 Elgin National Little League: Netting $ 4,000 Limestone and Electric $ 5,000 AED $ 2,180 Total $ 11,180 Total grant allocation $ 122,180 s/ Ed Schock Ed Schock, Mayor VOLUME LXXV MARCH 31, 2010 169 Presented: March 31, 2010 Adopted: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-64 ADOPTED RATIFYING THE EXECUTION OF AN AGREEMENT AS TO CERTAIN OBLIGATIONS-PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT WITH PINGREE LLC AND WENNLUND FARM, L.L.C. 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, and Mayor Schock. Nays: None. Resolution No. 10-64 RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT AS TO CERTAIN OBLIGATIONS - PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT WITH PINGREE LLC AND WENNLUND FARM, L.L.C. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an Agreement as to Certain Obligations- Public Improvements Construction Agreement with Pingree LLC and Wennlund Farm, L.L.C. by Ed Schock, Mayor, and Diane Robertson, City Clerk, regarding the security for the HPI Force Main, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Adopted: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MARCH 31, 2010 VOLUME LXXV 170 RESOLUTION 10-66 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR STORM AND/OR SANITARY SEWER LINE PURPOSES (COMBINED SEWER SEPARATION-BENT STREET PROJECT) 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, and Mayor Schock. Nays: None. Resolution No. 10-66 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR STORM AND/OR SANITARY SEWER LINE PURPOSES (Combined Sewer Separation-Bent Street Project) 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 easement agreement with Fox River Water Reclamation District (FRWRD) for a temporary easement for storm and/or sanitary sewer line purposes as part of the Combined Sewer Separation-Bent Street Project 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 easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Adopted: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV MARCH 31, 2010 171 ORDINANCE G11-10 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" 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, and Mayor Schock. Nays: None. Ordinance No. G11-10 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby further amended by adding a new Section 6.06.045 thereto entitled “Corkage License” to read as follows: “6.06.045: CORKAGE LICENSE: It shall be unlawful for any commercial establishment or club which has not otherwise obtained a liquor license from the city to permit the consumption of any alcoholic liquor without first obtaining a corkage license as provided herein. A corkage license shall authorize patrons to bring, possess and consume wine on the premises specified subject to the following conditions: A. No more than seven hundred fifty milliliters (750 ml) of wine per patron over the age of twenty one (21) shall be permitted to be uncorked. B. Only patrons seated at tables or booths shall be permitted to consume wine that has been provided by the patron. C. Wine may only be consumed by individuals who order and are served a meal by the licensee. D. Every container of wine brought onto the premises by a patron must be opened by licensee personnel, and it shall be unlawful for any patron to leave the premises with a partially consumed container of wine unless it is securely sealed by licensee personnel prior to removal from the premises and placed in a transparent onetime use tamperproof bag, as required by state law. E. Wine may only be uncorked by licensee personnel between the hours of twelve o’clock (12:00) noon and eleven o’clock (11:00) p.m. MARCH 31, 2010 VOLUME LXXV 172 F. Possession and/or consumption of alcoholic liquor by any person under age twenty one (21) is prohibited. G. The licensee may at its discretion charge corkage fees. H. All of the other provisions under this chapter, with the exception of Section 6.06.140I, shall be applicable to corkage licenses. The licensee fee per year is two hundred fifty dollars ($250.00)” Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers”, be and is hereby amended by amending subparagraph A of Section 6.06.115, entitled “Basset Training Requirements”, to read as follows: “For licenses effective on or after May 1, 1990, the original or renewal application for a Class A, AA, A-1, B, B-1, C, C-1, D, E, E-1, E-2, F, F-1, G, J, K, N, N-1, O, P, R-1, S, T, U, V and X and Corkage license shall be accompanied with proof of completion of a State certified “Beverage Alcohol Sellers and Service Education and Training Program” (BASSET) for all persons who serve or sell alcoholic beverages pursuant to that license.” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Passed: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 1, 2010 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV MARCH 31, 2010 173 ORDINANCE S1-10 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP 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, and Mayor Schock. Nays: None. Ordinance No. S1-10 AN ORDINANCE ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2010 Zoning Map" dated March, 2010 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois. Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map. Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $55.00; each quadrant map - $25.00; the entire five map set - $145.00. 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 upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor MARCH 31, 2010 VOLUME LXXV 174 Presented: March 31, 2010 Passed: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 1, 2010 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G12-10 PASSED AMENDING CHAPTER 11.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "SPECIAL STOPS REQUIRED; MISCELLANEOUS RULES OF THE ROAD 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, and Mayor Schock. Nays: None. Ordinance No. G12-10 AN ORDINANCE AMENDING CHAPTER 11.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SPECIAL STOPS REQUIRED; MISCELLANEOUS RULES OF THE ROAD” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance G31-09 be and is hereby repealed. Section 2. That Chapter 11.40 of the Elgin Municipal Code, 1976, as amended, entitled “Special Stops Required; Miscellaneous Rules of the Road” be and is hereby further amended by adding a new Section 11.40.093 thereto entitled "Sound Amplification Devices" to read as follows: “11.40.093 Sound Amplification Devices No driver or owner of any motor vehicle within the city shall operate or permit operation of any sound amplification device or system which can be heard outside the vehicle from seventy five (75) or more feet when the vehicle is being operated upon a street, highway or roadway unless such device or system is being operated to request assistance or warn of a hazardous situation. This section does not apply to authorized emergency vehicles. This section also does not apply to vehicles when the same are operated pursuant to and in conformance with a sound VOLUME LXXV MARCH 31, 2010 175 amplifying device permit pursuant to Chapter 10.28 of this code, as amended, and a special event permit pursuant to Chapter 13.25 of this code, as amended.” Section 3. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended, entitled "Vehicle Seizure and Impoundment" is hereby further amended by amending subparagraph A4 thereof to read as follows: "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. This subsection also does not apply to vehicles when the same are operated pursuant to and in conformance with a sound amplifying device permit pursuant to Chapter 10.28 of this Code, as amended, and a special event permit pursuant to Chapter 13.25 of this Code, as amended." 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 upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Passed: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 1, 2010 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk MARCH 31, 2010 VOLUME LXXV 176 ORDINANCE G13-10 PASSED AMENDING ORDINANCE NO. G66-09 ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSE, USE OF FACILITIES AND OTHER MATTERS 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, and Mayor Schock. Nays: None. Ordinance No. G13-10 AN ORDINANCE AMENDING ORDINANCE NO. G66-09 ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSE, USE OF FACILITIES AND OTHER MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the User Fees Exhibit attached to Ordinance No. G66-09, adopted by the City Council on December 16, 2009, is hereby amended by amending page 12 under the heading “Human Resources” to read as follows: Human Resources The Human Resources Department is establishing a fee that will be charged to individuals who are issued an application for the positions of firefighter and police officer to offset the costs associated with application materials and administering the application process. Application Fee Type 2009 Fee 2010 Fee Police N/A $10 Fire N/A $10” Section 2. That the User Fees Exhibit attached to Ordinance No. G66-09, adopted by the City Council on December 16, 2090, be and is hereby amended by amending page 23 under the heading “Economic Development – Business License” to read as follows: Economic Development – Business License Elgin Business License Model 2009 Fee 2010 Feet General Business square feet 0-999 N/A $35 1,000-2,499 N/A $95 2,500-4999 N/A $145 5,000-999 N/A $195 10,000-19,999 N/A $245 20,000-29,999 N/A $295 30,000-39,999 N/A $445 VOLUME LXXV MARCH 31, 2010 177 40,000+ N/A $595” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full effect upon its passage. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2010 Passed: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 1, 2010 Published: April 1, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G14-10 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN 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, and Mayor Schock. Nays: None. Ordinance No. G14-10 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.14.030 of the Elgin Municipal Code, as amended, entitled “Right Turns on Red Prohibited:” be and is hereby further amended by adding the following: “Eastbound on Wing Street turning South onto McLean Boulevard when pedestrians are present” MARCH 31, 2010 VOLUME LXXV 178 Section 2. That Section 11.32.030 of the Elgin Municipal Code, as amended, entitled “Stop Intersections:” be and is hereby further amended by adding the following: “Buffalo Drive – Eastbound – Shadow Hill Traffic Circle (Buffalo Drive)” Section 3. That Section 11.32.040 of the Elgin Municipal Code, as amended, entitled “Yield Intersections:” be and is hereby further amended by adding the following: “Shadow Hill Drive – Northbound – at Shadow Hill Traffic Circle (Buffalo Drive) Shadow Hill Drive – Southbound – at Shadow Hill Traffic Circle (Buffalo Drive) Water Road – Westbound – at Shadow Hill Traffic Circle (Buffalo Drive)” Section 4. That Section 11.60.050 of the Elgin Municipal Code, 1976, as amended, entitled “Stopping, Standing, Parking Prohibited Where:” be and is hereby further amended by adding the following: “Reserve Drive – South/West- From the intersection of Crane Point and Reserve Drive and to the intersection of Emily Lane and Reserve Drive” “No parking for trucks or semitrailers - Tollgate Road – Westbound – from Church Road to approximately 1,000 feet south of Church Road.” Section 5. That Section 11.60.050 of the Elgin Municipal Code, 1976, as amended, entitled “Stopping, Standing, Parking Prohibited Where:” be and is hereby further amended by deleting the following location: “Civic Center parking deck – West – Located at the southwest corner of Douglas Avenue and Symphony Way, between the hours of 4:00 A.M. and 6:00 A.M.” Section 6. That Section 11.60.081 of the Elgin Municipal Code, 1976, as amended, entitled “Fifteen Minute Parking Zones:” be and is hereby further amended by adding the following: “Highland Avenue, South side thereof, from a point seventy five feet (75’) easterly from Grove Avenue to a point one hundred feet (100’) easterly from Grove Avenue.” Section 7. That a new Section 11.60.086.1 be added to the Elgin Municipal Code, 1976, as amended, entitled “72 Hour Parking Zones:” as follows: “It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than seventy-two (72) hours upon the following designated streets and areas: Municipal parking lot on Center Street at Dexter Avenue Municipal parking lot on the north side of Highland Avenue between North Geneva Street and Center Street VOLUME LXXV MARCH 31, 2010 179 Municipal parking lot on the south side of Highland Avenue between North Geneva Street and Center Street Municipal parking lot on South Geneva Street between DuPage Street and Fulton Street Municipal parking lot located at the northwest corner of Highland Avenue and State Street Municipal parking lot located at the northwest corner of Highland Avenue and Crystal Street Municipal parking lot located at the southeast corner of Raymond Street and National Street.” Section 8. That Section 11.60.084.4 of the Elgin Municipal Code, 1976, as amended, entitled “Three Hour Parking Zones:” be and is hereby further amended to read as follows: “It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than three (3) hours upon the following designated streets and areas: Civic Center parking deck, located at the southwest corner of Douglas Avenue and Symphony Way, between the hours of eight o’clock (8:00) A.M. and five o’clock (5:00) P.M. Monday through Saturday, excluding the eleven (11) stalls on the first floor reserved for Sherman Health. Fulton Street parking deck, levels 1 and 2 consisting of one hundred seventy nine (179) regular parking stalls and twelve (12) handicapped stalls, Monday through Saturday eight o’clock (8:00) A.M. through five o’clock (5:00) P.M. Riverside Drive, southerly sixty one (61) spaces, from Prairie Street to East Chicago Street.” Section 9. That a new Section 11.60.089.1 be added to the Elgin Municipal Code, 1976, as amended, entitled “72 Hour Permit Parking Zones as follows: “A. The following municipal parking lots shall be 72 hour monthly permit parking zones: Municipal parking lot at the southwest corner of Kimball Street and North Grove Avenue Spring Street parking deck Municipal parking lot at the southwest corner of Chicago Street and Grove Avenue Municipal parking lot at 50 S. Grove Avenue (Fountain Square) Municipal parking lot on the north side of Prairie Street, west of the intersection with South Grove Avenue Municipal parking lot at the northeast corner of Fulton Street and Spring Street MARCH 31, 2010 VOLUME LXXV 180 Municipal parking lot at the northwest corner of Fulton Street and Spring Street Fulton Street parking deck Municipal parking lot at the northwest corner of Fulton Street and Villa Street Prairie Street surface parking lot on the north side of Prairie Street adjacent to the Fulton Street parking deck Municipal parking lot at the northeast corner of Symphony Way and Douglas Avenue.” B. The finance director may lease the parking spaces designated in Section A hereof at a monthly rate of thirty dollars ($30.00). Lessees will be issued one permit per vehicle. The lessee shall display the parking permit in a manner as designated by the finance director so it is visible to the parking attendant. Failure to comply shall result in the revocation of the parking permit and forfeiture of the paid parking fee. Vehicles not displaying a parking permit shall be subject to the parking regulations otherwise applicable to the municipal parking lot.” Section 10. That Section 11.68.150 of the Elgin Municipal Code, 1976, as amended, entitled “Civic Center Parking Zone:” be and is hereby further amended to read as follows: “A. The finance director may, in lieu of parking meters, provide for attendant parking, whereby the time of entry and exit to that parking zone shall be determined and parking fees shall be based on the amount of the time that the vehicle was located in that zone. B. The following hours are established for operation of the civic center parking zone, bounded by Kimball Street to the north, Center Street/Villa Street to the east, Prairie Street to the south and the Fox River to the west: 1. Monday through Saturday: Eight o’clock (8:00) A.M. to five o’clock (5:00) P.M. C. It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked in the civic center parking zone, the municipal parking lot located at the northeast corner of Douglas Avenue and Symphony Way and the Spring Street parking facility contrary to the regulations set forth in this section. Except as otherwise provided by this chapter, parking at the civic center parking zone shall be limited during the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. Mondays through Fridays for all parking spaces and eight o'clock (8:00) A.M. to twelve o'clock (12:00) noon Saturdays for the twenty one (21) parking spaces located on the western boundary of the civic center parking zone, and during VOLUME LXXV MARCH 31, 2010 181 the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. Mondays through Fridays at the Spring Street parking facility as follows: 1. The civic center parking zone, the twenty five (25) westernmost parking spaces shall be limited to twelve (12) 2-hour parking spaces and thirteen (13) 30- minute spaces. The portion of the civic center parking zone consisting of eight (8) parking spaces immediately south of the city hall building shall be reserved for parking for city vehicles only and it shall be unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked in such designated parking spaces unless the vehicle is an official city of Elgin vehicle designated by the city for parking in such parking spaces. 2. The civic center parking zone, other than those parking spaces referenced in subsection C1 of this section, shall be limited to one hundred eight (108) 2- hour parking spaces, one hundred fifteen (115) 4-hour parking spaces, five (5) of which shall be designated as handicapped parking only. 3. The Spring Street parking facility, level 1, shall be limited to two (2) hours, Monday through Saturday eight o’clock (8:00) A.M. to five o’clock (5:00) P.M. 4. The Spring Street parking facility, levels 2, 3, 4 and 5, shall be limited to ten (10) hours, except for twenty (20) spaces on level 5 reserved for R.R. Donnelly & Sons Company, Monday through Saturday eight o’clock (8:00) A.M. to five o’clock (5:00) P.M. 5. The municipal parking lot located at the northeast corner of Symphony Way and Douglas Avenue shall be limited to permit only parking for vehicles of police department employees displaying parking permits and it is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked in such municipal parking lot without displaying a parking space pass issued by the city for such municipal parking lot. 6. The portion of the civic center parking zone located north of Dexter Court shall be limited to permit parking only for thirty one (31) parking spaces for authorized city of Elgin employees and four (4) reserved permit parking spaces for the mayor, city council members, circuit court personnel and the Kane County sheriff displaying parking permits issued by the city for such portion of the civic center parking lot and it shall be unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked in such portion of the civic center parking lot without displaying a parking pass issued by the city for such portion of the civic center parking lot. MARCH 31, 2010 VOLUME LXXV 182 7. The portion of the civic center parking zone comprised of the thirty one (31) parking spaces south of Dexter Court shall be limited to one hour parking for twenty eight (28) parking spaces and three (3) parking spaces designated as handicapped parking only. The aforementioned parking time restrictions shall not be applicable to designated handicapped parking spaces, vehicles displaying a leased parking space pass or to vehicles of employees of the city displaying a parking space pass. D. It is unlawful to park any vehicle over twenty feet (20') in length in any one parking space or to park a vehicle in such a way that it requires more than one parking space. E. There is established a system of validation stamps to be distributed to participating merchants for a fee of twenty five cents ($0.25) each. A fee of twenty one cents ($0.21) for each validation stamp is established. F. The finance director may sell leased parking space passes as he may deem reasonable for parking in the civic center parking zone or Spring Street parking facility for a designated period. The prepaid rate shall be thirty dollars ($30.00) per month. G. Except for authorized personnel it is unlawful for any person to enter or remain upon or within either of the parking facilities described in subsection B of this section during hours of operation for a period of time in excess of fifteen (15) minutes. Provided, however, this section shall not apply to the following: 1. Owners, drivers or passengers of vehicles parked in either facility; 2. Mechanics, tow truck operators or other auto service personnel present to service a vehicle parked in either facility.” Section 11. That Section 11.60.086 of the Elgin Municipal Code, 1976, as amended, entitled “Ten Hour Parking Zones:” be and is hereby amended by amending the restrictions to the Fulton Street parking deck as follows: “Fulton Street parking deck, levels 3, 4 and 5, consisting of three hundred fifty- one (351) parking stalls, Monday through Saturday 8:00 o’clock (A.M.) to 5:00 o’clock (P.M.)” Section 12. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 13. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV MARCH 31, 2010 183 Presented: March 31, 2010 Passed: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 1, 2010 Published: April 2, 2010 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, and Mayor Schock. Nays: None. Cultural Arts Commission Minutes – February 8, 2010 Design Review Subcommittee Minutes – November 10, 2009, November 24, 2009, and December 8, 2009 Emergency Telephone System Board Minutes – February 18, 2010 Hemmens Advisory Board Minutes – February 4, 2010 Human Relations Commission Minutes – January 5, 2010, and February 11, 2010 Image Advisory Commission Minutes – October 28, 2009, and February 6, 2010 Parks and Recreation Advisory Board Minutes – January 26, 2010 Zoning and Subdivision Hearing Board Minutes – January 20, 2010 Sales Tax Reports – March, 2010 Telecommunication Tax Report – February, 2010 Committee of the Whole Minutes – February 24, 2010 City Council Minutes – February 24, 2010 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. MARCH 31, 2010 VOLUME LXXV 184 ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. The meeting adjourned at 8:35 p.m. s/ Diane Robertson April 14, 2010 Diane Robertson, City Clerk Date Approved