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VOLUME LXXV APRIL 28, 2010
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 April 28, 2010, in
the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The
Invocation was given by Reverend Terry Andrews from the New Hope Baptist Church of Elgin
and the Pledge of Allegiance was led by Fiscal Services Director Jim Nowicki. Mr. Nowicki is
retiring soon and he was recognized for his years of service and many achievements.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Absent: None.
MINUTES OF THE APRIL 14, 2010, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve the
April 14, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays:
None.
COMMUNICATIONS
Arbor Day Proclamation
Mayor Schock read a proclamation in honor of Arbor Day, April 30. It was accepted by Jim
Bell, Parks Superintendent, and the two city arborists. Jim thanked the council for its continued
support.
National Peace Officer’s Memorial Day Proclamation
Mayor Schock read a proclamation recognizing Wednesday, May 12, 2010, as National Peace
Officer’s Memorial Day. It was accepted by Chief Jeffrey Swoboda. Chief Swoboda noted that
Elgin has one of the best police forces in the state and that the city ranks as the second lowest for
major crimes for comparable cities. Chief Swoboda thanked the council and the residents for
their support and invited everyone to attend the memorial service.
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RECOGNIZE PERSONS PRESENT
Jackie Settipani, representing the Elgin Dog Park Task Force, asked if funding for a dog park
could be considered in the 2011 budget. She noted that Kane County estimates there are over
10,000 dogs in Elgin.
Ina Dews stated that she was wondering why there were signs for the Elgin Green Expo only on
the northwest side of the city. She feels they should be in all areas.
John Collins expressed his concerns about flooding at Preston and Cooper. He said he saw
cement in the pipes and does not feel that the reports he has been given are accurate.
BID 10-018 AWARDED TO PIZZO ASSOCIATES, LIMITED FOR IMPROVEMENTS
TO THE HAWTHORNE HILLS NATURE CENTER
Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve an
agreement with Pizzo Associates, Limited in the amount of $39,849 for improvements to the
Hawthorne Hills Nature Center. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
BID 10-020 AWARDED TO WAREHOUSE DIRECT FOR COPIER PAPER
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to enter into an
agreement with Warehouse Direct for a not-to-exceed amount of $ $34,690 for copier paper.
Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Nays: None.
APPROVED THE PURCHASE OF 120 DESKTOP COMPUTERS FROM THE
HEWLETT PACKARD COMPANY THROUGH THE STATE OF ILLINOIS
CONTRACT
Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve the
purchase of 120 Hewlett-Packard desktop computers in the amount of $79,200 from the Hewlett-
Packard Company through the State of Illinois Joint Purchase Program. Upon a roll call vote:
Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock.
Nays: None.
Councilmember Warren asked what happens to the 120 computers that are being replaced. Jeff
Massey, MIS Director, responded that they are donated to local non-profit organization or they
are recycled.
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APPROVED A JOINT GOVERNMENTAL WITH WILL COUNTY FOR WIRELESS
CELLULAR SERVICES WITH SPRINT
Councilmember Warren made a motion, seconded by Councilmember Steffen, to authorize the
purchase of wireless communications services and equipment for a not-to-exceed amount of
$110,733.24 through the joint Government Wireless Services Agreement with Will County for
cellular services with Sprint. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Councilmember Warren noted this agreement results in a savings of $50,000.
PUBLIC HEARING TO CONSIDER A SECOND AMENDMENT OF A “BACK-UP”
SPECIAL SERVICE AREA FOR STORMWATER MANAGEMENT FACILITIES IN
THE HIGHLAND WOODS SUBDIVISION (SSA #18)
Mayor Schock declared the public hearing open.
Sarosh Saher reviewed the amendment. The public hearing is being conducted as a requirement
for the consideration of a 2nd amendment to the Highland Woods SSA. He stated that a “back-
up” special service area for stormwater management facilities in the Highland Woods
Subdivision/Sandy Creek Estates Subdivision (Foy Property) was established on October 25,
2006, pursuant to Ordinance No. T38-06. The special service area was created as one area
encompassing both subdivisions. On July 23, 2008, the SSA was amended to correct a
scrivener’s error in the legal description of the areas that were subject to the provisions of the
SSA, pursuant to Ordinance No. T28-08.
The second amendment to the SSA 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.
The City adopted by reference, the Kane County Stormwater Management Ordinance in 2001.
As part of the ordinance, a back-up stormwater SSA is required to be provided for in the event a
property owner or property owners association is unable to meet its obligation of maintenance of
the stormwater facilities. In that event, the City of Elgin will take over the maintenance of the
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various stormwater facilities on the property and charge the property owner or property owner
association for these services.
It is only at that time, that tax will be levied on the properties at the annual rate of 0.517. The
City has calculated the annual cost of maintenance of stormwater facilities at $342,000.
We anticipate that the developers and HOAs will continue to meet their obligation and as a
result, the City will never have to invoke the SSA on the properties.
Mr. Sarosh noted that following the close of the public hearing, the City will provide for a 60-
day waiting period to allow interested persons to file comments or objections to the proposed
amendment.
Dan Olson, a representation of Highland Woods, was available for questions.
A member of the audience stated that he was concerned about damage from muskrats. He
wondered if stone could be put around the pond. Mr. Saher stated that any changes would have
to meet the requirements of the Kane County Stormwater Ordinance.
There being no further comments, Mayor Schock declared the public hearing closed.
PUBLIC HEARING TO CONSIDER A SECOND AMENDMENT OF A “BACK-UP”
SPECIAL SERVICE AREA FOR STORMWATER MANAGEMENT FACILITIES IN
THE SANDY CREEK ESTATES (FOY PROPERTY) SUBDIVISION (SSA #26)
Mayor Schock declared the public hearing open.
Sarosh Saher reviewed the amendment. He noted that the second amendment to the SSA
proposes creation of a separate and discrete special service area for the Sandy Creek Estates
Subdivision (Foy Property) respectively. The boundary of each special service area will follow
the boundary of the platted subdivision. The annual tax rate per property is 0.517. The City has
calculated the annual cost of maintenance of stormwater facilities at $36,300.
He stated that following the close of the public hearing, the City will provide for a 60-day
waiting period to allow interested persons to file comments or objections to the proposed
amendment. Staff will then return to the City Council with a request for adoption of the final
ordinance establishing the amended SSA.
There being no comments, Mayor Schock declared the public hearing closed.
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211
PETITION 04-10 APPROVED REQUESTING A MAP AMENDMENT FROM AB AREA
BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT, PROVIDING
FOR THE REDEVELOPMENT OF A PORTION OF THE PROPERTY AND
PROVIDING FOR A PHYSICAL FITNESS FACILITY, PROPERTY LOCATED AT
551–587 NORTH MCLEAN BOULEVARD BY ELGIN IMPROVEMENTS, LLC., AS
APPLICANT AND OWNER
Sarosh Saher reviewed the petition noting that the Planning and Development Advisory Board
had recommended approval subject to conditions.
Councilmember Prigge asked if the windows proposed were the same as those used at the Villa
and Liberty location. Mr. Saher said they would like to see that.
Councilmember Kaptain said this could be a boost to that shopping center.
Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve
Petition 04-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
REQUEST APPROVED TO EXTEND THE ONE YEAR TERM OF THE
PRELIMINARY PLAT FOR THE WEST POINT GARDENS TOWNHOMES
Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to approve the
one year term extension of the preliminary plat for the West Point Gardens Townhomes. Upon a
roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and
Mayor Schock. Nays: None.
RESOLUTION 10-90 ADOPTED APPROVING AN EXTENSION OF THE ONE YEAR
TERM FOR APPROVAL OF THE PRELIMINARY PLAT FOR WEST POINT
GARDENS TOWNHOMES SUBDIVISION
Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
APRIL 28, 2010 VOLUME LXXV
212
Resolution No. 10-90
RESOLUTION
APPROVING AN EXTENSION OF THE ONE YEAR TERM
FOR APPROVAL OF THE PRELIMINARY PLAT FOR
WEST POINT GARDENS TOWNHOMES SUBDIVISION
WHEREAS, pursuant to resolution 05-13, on January 12, 2005, the City Council
approved the preliminary plat of subdivision for the West Point Gardens Townhomes
Subdivision prepared by Cowhey Gudmundson Leder, Ltd., dated January 3, 2005; and
WHEREAS, Section 18.12.020 of the City of Elgin's subdivision ordinance requires the
submission of an application requesting final plat approval for all or part of the subdivision
within twelve (12) months of the approval of the preliminary plat of subdivision, and that an
extension thereof beyond twelve (12) months may be granted by the City Council; and
WHEREAS, the owners of the subject property have been working to obtain the
necessary approvals from various regulatory agencies to allow the subject project to proceed and
have requested that the City Council approve an extension of the twelve (12) month term under
Section 18.12.020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that it hereby approves an extension of the date for the submission of the
application requesting final plat approval for the preliminary plat of subdivision for the West
Point Gardens Townhomes Subdivision until April 27, 2012.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
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213
RESOLUTION 10-91 ADOPTED DETERMINING THAT CERTAIN REAL ESTATE
LOCATED AT 1480-1486 SHELDON DRIVE IS APPROPRIATE FOR RENEWAL OF
CLASS 6B COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION
(GERALI CUSTOM DESIGN, INC.)
Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Prigge,
Steffen, Warren, and Mayor Schock. Nays: Councilmember Kaptain
Resolution No. 10-91
RESOLUTION
DETERMINING THAT CERTAIN REAL ESTATE LOCATED AT
1480-1486 SHELDON DRIVE IS APPROPRIATE FOR RENEWAL OF CLASS 6B COOK
COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION
(Gerali Custom Design, Inc.)
WHEREAS, Gerali Custom Design, Inc. is the owner of certain real estate located within
the City of Elgin and intends to seek renewal of Class 6b Cook County Real Property
Assessment Classification; and
WHEREAS, the property is improved with a single story, industrial/warehouse building;
and
WHEREAS, fifty percent of the property is used for a natural stone manufacturing
business and the remaining fifty percent of the property is occupied by a not-for-profit
organization; and
WHEREAS, the City Council of the City of Elgin has determined that the renewal of
Class 6b Cook County Real Property Assessment Classification for the property consisting of
Permanent Index No. 06-20-102-023-0000 is necessary for the development to continue on the
subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that it hereby finds and determines that the subject property located at
1480-1486 Sheldon Drive, Cook County, Illinois, consisting of Permanent Index Number 06-20-
102-023-0000 is appropriate for renewal of classification 6b under the Cook County Real
Property Assessment Classification Ordinance.
BE IT FURTHER RESOLVED that the City of Elgin supports and consents to the
renewal of Class 6b Cook County Real Property Assessment Classification and specifically finds
that said Class 6b Classification is necessary for development to continue on the real property
located at 1480-1486 Sheldon Drive, and assigned Permanent Index Number 06-20-102-023-
0000.
APRIL 28, 2010 VOLUME LXXV
214
BE IT FURTHER RESOLVED THAT THE City Clerk be and is hereby authorized and
directed to furnish the Office of the Cook County Assessor with two certified copies of this
resolution.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Vote: Yeas: 6 Nays: 1
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-92 ADOPTED DETERMINING THAT CERTAIN REAL ESTATE
LOCATED AT 1375 GIFFORD ROAD IS APPROPRIATE FOR RENEWAL OF CLASS
6B COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION
(CONCRETE SPECIALTIES CO.)
Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Prigge,
Steffen, Warren, and Mayor Schock. Nays: Councilmember Kaptain
Resolution No. 10-92
RESOLUTION
DETERMINING THAT CERTAIN REAL ESTATE LOCATED AT
1375 GIFFORD ROAD IS APPROPRIATE FOR RENEWAL OF CLASS 6B COOK COUNTY
REAL PROPERTY ASSESSMENT CLASSIFICATION
(Concrete Specialties Co.)
WHEREAS, Concrete Specialties Co. is the owner of certain real estate located within
the City of Elgin and intends to seek renewal of Class 6b Cook County Real Property
Assessment Classification; and
WHEREAS, the property is a non-sprinklered, concrete pipe manufacturing facility of
masonry and metal panel construction; and
WHEREAS, one hundred percent of the property is used for manufacturing pre-cast
concrete manholes, catch basins, inlets and vaults which are used by underground sewer
contractors; and
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215
WHEREAS, the City Council of the City of Elgin has determined that the renewal of
Class 6b Cook County Real Property Assessment Classification for the property consisting of
Permanent Index No. 06-30-400-012-0000 is necessary for the development to continue on the
subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that it hereby finds and determines that the subject property located at
1375 Gifford Road, Cook County, Illinois, consisting of Permanent Index Number 06-30-400-
012-0000 is appropriate for renewal of classification 6b under the Cook County Real Property
Assessment Classification Ordinance.
BE IT FURTHER RESOLVED that the City of Elgin supports and consents to the
renewal of Class 6b Cook County Real Property Assessment Classification and specifically finds
that said Class 6b Classification is necessary for development to continue on the real property
located at 1375 Gifford Road, and assigned Permanent Index Number 06-30-400-012-0000.
BE IT FURTHER RESOLVED THAT THE City Clerk be and is hereby authorized and
directed to furnish the Office of the Cook County Assessor with two certified copies of this
resolution.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Vote: Yeas: 6 Nays: 1
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-93 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THE CLERICAL TECHNICAL GROUP SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 73
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Members of the bargaining unit were present and recognized by the Mayor. Bill Potts who is
retiring shortly was also recognized for his years of service and as an advocate for the union
members and the city.
APRIL 28, 2010 VOLUME LXXV
216
Resolution No. 10-93
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
CLERICAL TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 73
WHEREAS, representatives of the City of Elgin and representatives of the Clerical and
Technical Group Service Employees International Union Local 73 have met and discussed
wages, fringe benefits and other working conditions; and
WHEREAS, said representatives have submitted for review and approval by the City
Council an agreement pertaining to such matters; and
WHEREAS, the City Council has reviewed said agreement and finds that it is fair and
equitable for the City of Elgin and employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of
Elgin and the Clerical and Technical Group Service Employees International Union Local 73, a
copy of which is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Diane
Robertson, City Clerk, be and are hereby authorized and directed to execute said agreement on
behalf of the City of Elgin.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXV APRIL 28, 2010
217
RESOLUTION 10-94 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THE PERMANENT PART-TIME MAINTENANCE AND CUSTODIAN
EMPLOYEE GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73
Councilmember Prigge made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: Councilmember Dunne.
Resolution No. 10-94
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
PERMANENT PART TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73
WHEREAS, representatives of the City of Elgin and representatives of the Permanent
Part Time Maintenance and Custodian Employee Group Service Employees International Union
Local 73 have met and discussed wages, fringe benefits and other working conditions; and
WHEREAS, said representatives have submitted for review and approval by the City
Council an agreement pertaining to such matters; and
WHEREAS, the City Council has reviewed said agreement and finds that it is fair and
equitable for the City of Elgin and employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of
Elgin and the Permanent Part Time Maintenance and Custodian Employee Group Service
Employees International Union Local 73, a copy of which is attached hereto and made a part
hereof by reference.
BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Diane
Robertson, City Clerk, be and are hereby authorized and directed to execute said agreement on
behalf of the City of Elgin.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Vote: Yeas: 6 Nays: 1
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
APRIL 28, 2010 VOLUME LXXV
218
RESOLUTION 10-95 ADOPTED AUTHORIZING THE CITY MANAGER TO
EXERCISE AN OPTION TO EXTEND THE TERM OF AN AGREEMENT WITH
WASTE MANAGEMENT OF ILLINOIS, INC. FOR THE PROVISION OF REFUSE,
RECYCLABLES AND YARD WASTE COLLECTION SERVICES
Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-95
RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXERCISE AN OPTION TO EXTEND
THE TERM OF AN AGREEMENT WITH WASTE MANAGEMENT OF ILLINOIS, INC.
FOR THE PROVISION OF REFUSE, RECYCLABLES
AND YARD WASTE COLLECTION SERVICES
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 exercise the City
of Elgin’s option to extend the term of the agreement with Waste Management of Illinois, Inc.
for the provision of refuse, recyclables and yard waste collection services for an additional two
year from November 1, 2010 through October 31, 2012.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G18-10 PASSED AMENDING CHAPTER 2.52 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "POLICE DEPARTMENT"
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, Warren, and Mayor Schock. Nays: None.
VOLUME LXXV APRIL 28, 2010
219
Ordinance No. G18-10
AN ORDINANCE
AMENDING CHAPTER 2.52 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “POLICE DEPARTMENT”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 2.52.130 of the Elgin Municipal Code, 1976, as amended,
entitled “Retirement” of the Elgin Municipal Code, 1976, as amended, be and is hereby further
amended to read as follows:
“2.52.130: RETIREMENT:
It is provided that sixty-three (63) years is the maximum age for the legal
employment of any person as a member of the police department of the city. Any
member of such police department arriving at the age of sixty there (63) years
shall be automatically retired and discharged. Notwithstanding the foregoing, any
member of the police department who will obtain thirty (30) years of police
pension creditable service with the police department after arriving at the age of
sixty three (63) years but prior to arriving at the age of sixty four (64) years may
continue as a member of the police department of the city until the date upon
which such member obtains such thirty (30) years of creditable service
whereupon such member shall be automatically retired and discharged.”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect upon its passage.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Passed: April 28, 2010
Vote: Yeas: 7 Nays: 0
Recorded: April 29, 2010
Published: April 29, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
APRIL 28, 2010 VOLUME LXXV
220
CONSENT AGENDA
By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember
Gilliam, to pass Ordinance Nos. G16-10 and G17-10 and adopt Resolution Nos. 10-85 through
10-89 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
RESOLUTION 10-85 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SCHOOL DISTRICT U-46 PROVIDING FOR POLICE LIAISON OFFICERS
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, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-85 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 PROVIDING FOR POLICE LIAISON OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with School District U-46 providing for police liaison officers for the 2010-2011 school year, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-86 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ENGINEERING ENTERPRISES, INC. FOR THE 2010 MASTER PLAN UPDATE
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, Warren, and Mayor Schock. Nays: None.
VOLUME LXXV APRIL 28, 2010
221
Resolution No. 10-86 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE 2010 MASTER PLAN UPDATE 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 Engineering Enterprises, Inc. for the 2010 Master Plan Update for the city's water system, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-87 ADOPTED AUTHORIZING THE TERMINATION OF A
DEVELOPMENT AGREEMENT WITH KRYSTAL ENTERPRISES, L.L.C. FOR
DEVELOPMENT OF A NEW BEEF VILLA RESTAURANT
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, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-87 RESOLUTION AUTHORIZING THE TERMINATION OF A DEVELOPMENT AGREEMENT WITH KRYSTAL ENTERPRISES, L.L.C. FOR DEVELOPMENT OF A NEW BEEF VILLA RESTAURANT 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 terminate a development agreement on behalf of the City of Elgin with Krystal Enterprises, L.L.C. dated September 10, 2008, for development of a new Beef Villa Restaurant, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
APRIL 28, 2010 VOLUME LXXV
222
Presented: April 28, 2010
Adopted: April 28, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-88 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE
CONTRACT (463 E. CHICAGO STREET-NSP PROPERTY)
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, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-88
RESOLUTION
RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT
(463 East Chicago Street-NSP Property)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of a Real Estate Sales Contract on behalf of the
City of Elgin by Sean R. Stegall, City Manager, with PNC Bank, NA Successor to National City
Bank for the purchase of property commonly known as 463 East Chicago Street, for $68,250, a
copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXV APRIL 28, 2010
223
RESOLUTION 10-89 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
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, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-89
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Edward Zach be and is hereby appointed as a member of the Cultural Arts Commission, for
a term to expire November 1, 2010.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Adopted: April 28, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G16-10 PASSED GRANTING A CONDITIONAL USE FOR A PACKAGE
LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (250
SOUTH RANDALL ROAD)
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, Warren, and Mayor Schock. Nays: None.
APRIL 28, 2010 VOLUME LXXV
224
Ordinance No. G16-10
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES
ESTABLISHMENT
IN THE AB AREA BUSINESS DISTRICT
(250 South Randall Road)
WHEREAS, written application has been made requesting conditional use approval for a
package liquor sales establishment in the AB Area Business District; and
WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Zoning and Subdivision Hearing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated March 17, 2010, made by the Zoning and Subdivision Hearing Board, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit the establishment of a package liquor
sales establishment in the AB Area Business District at 250 South Randall Road legally
described as follows:
Parcel 1: Lots 5, 10 and 11 of Darlene McDermott Subdivision, being a subdivision of
part of the Southwest Quarter of Section 16, Part of the Southeast Quarter of Section 17,
part of the Northeast Quarter of Section 20 and part of the Northwest Quarter of Section
21, all in Township 41 North, Range 8 East of the Third Principal Meridian, according to
said plat of recorded on July 17, 1992 as document number 92K51304 and certificate of
correction recorded January 5, 1993 as document 93K00619, in Kane County, Illinois.
Parcel 2: Easement for the benefit of Lot 11 in Parcel I as contained in the Slope
Easement Agreement recorded September 25, 1992 as document 92K68107.
Parcel 3: Easements for the benefit of Parcel I contained in the Operation and Easemen t
Agreement recorded August 19, 1991 as document 911(45166, First Amendment thereto
recorded December 28, 1992 as document 92K93622, Second Amendment thereto
recorded December 28, 1992 as document 92K93623 and contained in Declaration
recorded June 28, 1993 as document 93K47279 (Property commonly known as 250
South Randall Road Unit C).
VOLUME LXXV APRIL 28, 2010
225
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Kann, Inc. dated received January 29, 2010.
2. Substantial Conformance to the following exhibits submitted by Kann, Inc.
a. Proposed interior site photographs dated January 29, 2010;
b. Otter Creek Shopping Center tenant map dated January 29, 2010;
c. Interior site plan layout dated January 29, 2010l;
d. Sign proposal package, dated February 23, 2010;
3. Package liquor establishment shall be limited to tenant space 250 South Randall Road.
4. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Passed: April 28, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: April 29, 2010
Published: April 29, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G17-10 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR
DEALERS"
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, Warren, and Mayor Schock. Nays: None.
APRIL 28, 2010 VOLUME LXXV
226
Ordinance No. G17-10
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 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled
“Licenses; Number to be Issued,” be and is hereby further amended by amending subparagraph
C thereof to read as follows:
“C. The number of Class B licenses shall not exceed twenty (20) in number.”
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect after its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2010
Passed: April 28, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: April 29, 2010
Published: April 29, 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, Warren, and Mayor Schock. Nays: None.
Building Commission Minutes – February 24, 2010, and March 10, 2010
Centre Advisory Board Minutes – February 11, 2010
Cultural Arts Commission Minutes – March 8, 2010
Emergency Telephone System Board Minutes – February 18, 2010
VOLUME LXXV APRIL 28, 2010
227
Foreign Fire Insurance Tax Board Minutes – January 12, 2010
Planning and Development Commission Minutes – November 2, and November 16, 2009
Sales Tax Report – April, 2010
Telecommunications Tax Report – April, 2010
Committee of the Whole Minutes for March 31, 2010
City Council Minutes for March 31, 2010
Disbursement Report
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gilliam made a motion, seconded by Councilmember Warren, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
The meeting adjourned at 7:50 p.m.
s/ Diane Robertson May 12, 2010
Diane Robertson, City Clerk Date Approved