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HomeMy WebLinkAboutj - May 26, 2010 CC265 VOLUME LXXV MAY 26, 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 May 26, 2010, in the Heritage Ballroom located at The Centre, at 100 Symphony Way in Elgin. The meeting was called to order by Mayor Schock at 7:40 p.m. A moment of silence was observed and the Pledge of Allegiance was led by Assistant City Manager Rick Kozal. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE MAY 12, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve the May 12, 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 Richard Dunne, USAF Reserve Retirement Proclamation Mayor Schock read a proclamation recognizing Richard Dunne upon his retirement from the USAF Reserves and for his years of military service. Mr. Dunne thanked his family for their support. Elgin Sharks Track Team Recognition Mayor Schock read a proclamation recognizing the accomplishments of the Elgin Sharks Track Team. Coaches and team members were present and thanked everyone for their support of the club. Randy Reopelle said the city was very proud of the team and Mayor Schock thanked the parents for all that they have done to see that they team members attended practices and meets. MAY 26, 2010 VOLUME LXXV 266 City of Elgin Branding/Community Conversation Presentation Carol Gieske, Daren Fox, Paula Armenta, Cherie Murphy, and Sue Olafson of the Enhancing Elgin Committee gave a presentation and introduced the new logo for the City of Elgin. As part of the Elgin Area Chamber of Commerce’s Challenge 21 campaign, the committee has been working to improve the image and perception of the city through partnerships with the city, businesses, media, Elgin Community College, Judson University, Elgin Symphony Orchestra, Provena St. Joseph and Sherman hospitals, realtors, and other stakeholders. Ms. Fox reviewed the process that has taken place over the last several years. Targeted audiences were surveyed and it was found that sixty-five percent held an ambivalent perception of Elgin. Ms. Murphy spoke about the series of community discussions that have been held and will that continue. These small groups will give residents the opportunity to express their views and feelings about the city. Ms. Olafson described the new logo, “A City in the Suburbs” as combining the advantages of an urban area with the small-town community feeling. These include sustainability, identified values, character, vitality, authenticity, and accessibility. Ms. Armenta stated that the Enhancing Elgin Committee would be moving forward with an integrated marketing and communication plan that will reflect a consistent messaging platform. Councilmember Prigge made a motion, seconded by Councilmember Steffen, to move forward with the branding program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Eleanor Richoz reminded everyone what Memorial Day represents and cited a number of events being held by the various military service organizations. John Collins spoke about flooding conditions at Preston and Cooper and requested help for the neighborhood. Marcy Wojak expressed her concerns about the business license ordinance. She does not feel she should be taxed during a bad economy. VOLUME LXXV MAY 26, 2010 267 BID 10-010A AWARDED TO VARIOUS VENDORS FOR BITUMINOUS PATCHING MIXTURES Councilmember Steffen made a motion, seconded by Councilmember Warren, to authorize the Public Works Department to purchase bituminous patching mixtures (hot mix and cold mix) from the various vendors listed depending on need and availability at the unadjusted rates shown in the memo provided to Council. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 10-026 AWARDED TO CLIFFORD WALD FOR THE PURCHASE OF TWO LARGE FORMAT SCANNERS FOR THE ENGINEERING DEPARTMENT AND THE COMMUNITY DEVELOPMENT GROUP Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to approve the purchase of two large format scanners for the Engineering Department and the Community Development Group in the amount of $25,070 from Clifford Wald. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 10-028 AWARDED TO G & M CEMENT CONSTRUCTION, INC. FOR 2010 NEIGHBORHOOD STREET REHABILITATION PROGRAM FOR HIGHLAND AVENUE Councilmember Prigge made a motion, seconded by Councilmember Warren, to award a contract to G & M Cement Construction, Inc. in the amount of $1,520,158.85 for the 2010 Neighborhood Street Rehabilitation Program for Highland Avenue. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. APPROVED THE PURCHASE OF NETMOTION MOBILITY XE SOFTWARE FROM CDW-G ON THE NATIONAL JOINT POWERS ALLIANCE GOVERNMENT CONTRACT Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to authorize the purchase of NetMotion Mobility XE Software at a cost of $68,050 from CDW-G using the National Joint Powers Alliance Government Contract. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. MAY 26, 2010 VOLUME LXXV 268 PETITION 06-10 APPROVED REQUESTING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE NO. G40-07 AND A CONDITIONAL USE IN THE PAB PLANNED AREA BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A PACKAGE LIQUOR SALES ESTABLISHMENT; PROPERTY LOCATED AT 3091 U.S. ROUTE 20, UNIT 107 AND 108; BY TUSHAR SUVAGIA, AS APPLICANT, AND RON DEROSA, AS OWNER Sarosh Saher, Planning Manager, reviewed the petition noting the Planning and Development Commission had recommended approval subject to conditions. Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve Petition 06-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 07-10 APPROVED REQUESTING A CONDITIONAL USE IN THE PAB PLANNED AREA BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A PHYSICAL FITNESS FACILITY; PROPERTY LOCATED AT 1350 EAST CHICAGO STREET, BY TODD SIMONSEN, SIMONSEN’S NEW ATHLETIC PLACE, L.L.C., D/B/A SNAP FITNESS, AS APPLICANT, AND DEARBORN CONSTRUCTION AND DEVELOPMENT, LTD., AS OWNER Sarosh Saher, Planning Manager, reviewed the petition noting the Planning and Development Commission had recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Prigge, to approve Petition 07-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-109 ADOPTED APPROVING THE FIRST AMENDMENT TO AND PROVIDING FOR THE TERMINATION OF THE ELGIN NON-UNION MONEY PURCHASE PLAN Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Dunne abstained due to a conflict of interest. VOLUME LXXV MAY 26, 2010 269 Resolution No. 10-109 RESOLUTION APPROVING THE FIRST AMENDMENT TO AND PROVIDING FOR THE TERMINATION OF THE ELGIN NON-UNION MONEY PURCHASE PLAN WHEREAS, the City of Elgin (“Elgin”) sponsors and maintains the Elgin Non-union Money Purchase Plan (the “Plan”); WHEREAS, pursuant to Section 14.03 of the Plan, Elgin has reserved the right to terminate the Plan; and WHEREAS, the City Council has now determined that effective as of 11:59 p.m. on May 31, 2010 (the “Termination Date”): no additional employees shall become participants under the Plan after the Termination Date; and all benefit accruals under the Plan shall automatically cease for all individuals who are participants under the Plan as of the Termination Date, which amendment shall hereby completely terminate the Plan as of the Termination Date; and WHEREAS, the City Council has reviewed the attached First Amendment to the Elgin Non-union Money Purchase Plan, effective as of 11:59 p.m. on May 31, 2010, in the form attached. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council hereby approves and adopts the attached First Amendment to the Plan, effective as of 11:59 p.m. on May 31, 2010, in the form attached and the City Manager is authorized and directed to execute such First Amendment. BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the City Manager to make such other changes or take such other actions (including execution) with respect to the foregoing resolutions as the City Manager determines necessary or desirable and in the best interests of Elgin, or as may be recommended by legal counsel to Elgin. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MAY 26, 2010 VOLUME LXXV 270 ORDINANCE G25-10 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Councilmember Prigge stated that he felt the fee for this license should be equal to those of other restaurants. He also wants the wine-tasting during the Harvest Market to remain a positive component. Councilmember Kaptain expressed his concerns about control issues and stated that he felt this may need to be reevaluated at a later date. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G25-10 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 Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby further amended by amending Section 6.06.040, entitled “License Classes; Fees,” by amending subparagraph Y thereof to read as follows: “Y. Class V: For the retail sale of alcoholic liquor by winemakers on the specified premises for consumption on the premises as well as other incidental retail sales and wholesale sale of wine made on the premises and in original packages for consumption off the premises; provided, however, that such licenses shall be issued only to winemakers in any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen facilities licensed and certified pursuant to the city's retail food stores and food service establishments sanitation code, 77 Illinois administrative code 750, and with dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. A class V license shall authorize the removal of one unsealed and partially consumed bottle of wine for off premises consumption providing the patron removing the partially consumed bottle of wine has purchased a meal and consumed a portion of wine with the meal on the licensed premises. Every such bottle shall be opened by the licensee's agent or employee. The partially VOLUME LXXV MAY 26, 2010 271 consumed bottle of wine may be removed from the licensed premises only upon being securely sealed in a transparent, onetime use, tamperproof bag by the licensee or licensee's agent prior to removal from the licensed premises. The licensee or licensee's agent shall provide a dated receipt of the bottle of wine being removed from the licensed premises by the patron. It shall be unlawful for the licensee or the licensee's agent to permit any patron to leave the premises with any open liquor, including a bottle of wine not sealed in compliance with this section. A menu, including appetizers, small portioned entrees and side dishes, shall be available at all times liquor sales are being conducted until eight o'clock (8:00) P.M. Sunday through Thursday, and ten o'clock (10:00) P.M. Friday and Saturday. After such times, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available. Provided, the kitchen may cease operating no sooner than one hour before closing. The license fee per year is five hundred dollars ($500.00).” Section 2. That Chapter 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 6.06.059.1 thereto entitled “Temporary Product Sampling and Tasting Event” to read as follows: “6.06.059.1: TEMPORARY PRODUCT SAMPLING AND TASTING EVENT PERMIT: There is established a temporary product sampling and tasting event permit to allow product sampling for consumption of up to three (3) samples of no more than one ounce of wine per consumer per day and for the retail sale of wine solely in the original package not for consumption at the temporary product sampling and tasting event. Temporary product sampling and tasting event permits shall be issued only to licensees with a currently issued and valid Class V winemaker’s license. Wine available for sampling and for retail sales at a temporary product sampling and tasting event shall be limited only to the brands of wine products made by the Class V winemaker. No alcoholic liquor may be sold, served or consumed at any temporary product sampling and tasting event without first obtaining a permit as provided herein. The fee for a temporary product sampling and tasting event permit is $25. Any temporary product sampling and tasting event shall also be subject to the following: A. Applications for a temporary product sampling and tasting event shall be executed by both the liquor license holder and the owner of the property at which the temporary product sampling and tasting event is proposed to be conducted. B. No temporary product sampling and tasting event permit shall be issued for any event proposed to be located on a property zoned as residential. MAY 26, 2010 VOLUME LXXV 272 C. No temporary product sampling and tasting event shall be conducted for more than three (3) consecutive days. No more than three (3) temporary product sampling and tasting events permits shall be issued to any licensee during any one (1) calendar year. Temporary product sampling and tasting events to be conducted at the same location on city property on non-consecutive days, for example, weekly, may be authorized and conducted pursuant to a single permit as authorized by the city. D. The hours of a temporary product sampling and tasting event shall last no later than seven o’clock (7:00) P.M. E. Proof of dram shop insurance verifying coverage for the temporary product sampling and tasting event shall be provided by the licensee prior to the issuance of a temporary product and sampling and tasting event.” 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: May 26, 2010 Passed: May 26, 2010 Vote: Yeas: 7 Nays: 0 Recorded: May 27, 2010 Published: May 28, 2010 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, Warren, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Speer Financial Chicago, IL $ 30,539.40 Services in Connection with issuance of General Obligation Corporate Purpose Bonds Chapman & Cutler Chicago, IL $ 30,000.00 Services rendered for General Obligation Corporate Purpose Bonds VOLUME LXXV MAY 26, 2010 273 CONSENT AGENDA By unanimous consent, Councilmember Warren made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G24-10, T23-10, and T24-10, and adopt Resolution Nos. 10-101 through 10-110 (except Resolution No. 10-109 adopted previously) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-101 ADOPTED NAMING CITY PARK (UNITY PARK) Councilmember Warren 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. 10-101 RESOLUTION NAMING CITY PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the park located at the intersection of Illinois Avenue and Hammond Avenue be and is hereby designated and named "Unity Park". s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-102 ADOPTED AUTHORIZING EXECUTION OF COMMUNICATIONS PRODUCTS AGREEMENT WITH MOTOROLA, INC. FOR TRAK GPS REPLACEMENT FOR THE CITY-WIDE TRUNKED RADIO SYSTEM Councilmember Warren 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. MAY 26, 2010 VOLUME LXXV 274 Resolution No. 10-102 RESOLUTION AUTHORIZING EXECUTION OF COMMUNICATIONS PRODUCTS AGREEMENT WITH MOTOROLA, INC. FOR TRAK GPS REPLACEMENT FOR THE CITY-WIDE TRUNKED RADIO SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a communications product agreement on behalf of the City of Elgin with Motorola, Inc. for TRAK GPS replacement for the city-wide trunked radio system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-103 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE RESERVE PHASE 2 SUBDIVISION Councilmember Warren 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 MAY 26, 2010 275 Resolution No. 10-103 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE RESERVE PHASE 2 SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance in the Reserve Phase 2 Subdivision the following public improvements: 220 lineal feet of public streets (including curb and gutter and sidewalks on both sides of the street), 1 street light, 1,840 lineal feet of sanitary sewers, 12 sanitary manholes, 40 lineal feet of 12” public storm sewers located within the Reserve Drive public right of way, 2,200 lineal feet of 8” water main, 230 lineal feet of 12” water main, seven 8” valve/vault, one 12” valve/vault, 4 fire hydrants, signage, pavement markings and 7 street trees. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-104 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS ENGINEERS, INC. (2010-2011 BRIDGE INSPECTION AND MAINTENANCE PROGRAM) Councilmember Warren 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. 10-104 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS ENGINEERS, INC. (2010-2011 Bridge Inspection and Maintenance Program) 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 Collins MAY 26, 2010 VOLUME LXXV 276 Engineers, Inc. for the 2010-2011 Bridge Inspection and Maintenance Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-105 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. (2010 NEIGHBORHOOD STREET REHABILITATION-SPRING STREET) Councilmember Warren 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. 10-105 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. (2010 Neighborhood Street Rehabilitation-Spring Street) 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 amendment agreement no. 1 on behalf of the City of Elgin with Christopher B. Burke Engineering, Ltd. for the 2010 Neighborhood Street Rehabilitation- Spring Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV MAY 26, 2010 277 Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-106 ADOPTED AUTHORIZING EXECUTION OF THIRD AMENDMENT AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, INC. (2006 COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT) Councilmember Warren 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. 10-106 RESOLUTION AUTHORIZING EXECUTION OF THIRD AMENDMENT AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, INC. (2006 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute third amendment agreement with Carroll Engineering & Associates, Inc. on behalf of the City of Elgin for the 2006 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MAY 26, 2010 VOLUME LXXV 278 RESOLUTION 10-107 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (457-459 EAST CHICAGO STREET-NSP PROPERTY) Councilmember Warren 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. 10-107 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (457-459 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 Fannie Mae for the purchase of property commonly known as 457-459 East Chicago Street, Elgin, for $79,900, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-108 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Warren 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 MAY 26, 2010 279 Resolution No. 10-108 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O’Connor be and is hereby appointed as a member of the Police Pension Board, for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that Colleen Lavery be and is hereby appointed as a member of the Fire Fighter’s Pension Board. BE IT FURTHER RESOLVED that Colleen Lavery be and is hereby appointed as a member of the Police Pension Board. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-110 ADOPTED AUTHORIZING EXECUTION OF A LETTER AGREEMENT WITH SPRINT SOLUTIONS, INC. FOR WIRELESS COMMUNICATION SERVICES Councilmember Warren 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. MAY 26, 2010 VOLUME LXXV 280 Resolution No. 10-110 RESOLUTION AUTHORIZING EXECUTION OF A LETTER AGREEMENT WITH SPRINT SOLUTIONS, INC. FOR WIRELESS COMMUNICATION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a letter agreement on behalf of the City of Elgin with Sprint Solutions, Inc. dated May 13, 2010, for the purchase of wireless communication services under contract #0909-0607r2 therefore receiving the specified discount thereunder, a copy of such letter agreement being attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Adopted: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T23-10 PASSED PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2009 TAX YEAR Councilmember Warren 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 MAY 26, 2010 281 Ordinance No. T23-10 AN ORDINANCE PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2009 TAX YEAR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a $200.00 senior citizen property tax refund of the 2009 real property taxes levied by and collected for the City of Elgin. Section 2. That to qualify for the $200.00 senior citizen property tax refund the owner(s) of the subject property must have qualified and obtained for the 2009 tax year the Senior Citizens Homestead Exemption in accordance with 35 ILCS 200/15-170, as amended. Section 3. That senior citizens qualified to receive the $200.00 tax refund shall be identified through county property tax records for the 2009 tax year. The Chief Financial Officer is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. The refund shall be mailed to the address of the residence which has qualified for the senior citizens homestead exemption except where a different mailing address has been provided to the Chief Financial Officer in writing by a senior citizen qualifying for the property tax refund. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Passed: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 27, 2010 Published: May 28, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk MAY 26, 2010 VOLUME LXXV 282 ORDINANCE T24-10 PASSED PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES Councilmember Warren 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. Ordinance No. T24-10 AN ORDINANCE PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a refund to senior citizens of the mobile home local services tax of 2009 mobile home local services taxes levied and collected on mobile homes registered in the city of Elgin. The amount of such refund shall equal the 2009 mobile home local services taxes paid by qualified senior citizens up to a maximum refund amount of $35.00. Section 2. That to qualify for such senior citizen property tax refund the owner(s) of the subject mobile home must have qualified and obtained for the 2009 tax year the Senior Citizens Reduction of the Mobile Home Local Services Tax in accordance with 35 ILCS 515/7, as amended. Section 3. That senior citizens qualified to receive the mobile home local services tax refund shall be identified through county tax records for the 2009 tax year. The Chief Financial Officer is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. The refund shall be mailed to the address provided on the application for reduction of mobile home local services taxes for the tax year in question except where a different address has been provided to the Chief Financial Officer in writing by the senior citizen qualifying for such senior citizens mobile home local services tax refund. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV MAY 26, 2010 283 Presented: May 26, 2010 Passed: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 27, 2010 Published: May 28, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G24-10 PASSED ESTABLISHING A LORDS PARK ADVISORY COMMITTEE Councilmember Warren 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. Ordinance No. G24-10 AN ORDINANCE ESTABLISHING A LORDS PARK ADVISORY COMMITTEE WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is desirable to provide for a Lords Park Advisory Committee to assist and advise the City Council regarding the redevelopment and ongoing operations of Lords Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: “Section 1. LORD PARK ADVISORY COMMITTEE CREATED: There is hereby created the Lords Park Advisory Committee for the purpose of advising, assisting and recommending policies to the City Council regarding the redevelopment and ongoing operation of Lords Park. Section 2. MEMBERSHIP: MAY 26, 2010 VOLUME LXXV 284 A. The Lords Park Advisory Committee shall be composed of nine (9) members to be appointed by the city council. The city council shall also appoint one of the members of the committee as chairman of the committee. Each member shall serve for an indefinite term. The city council may at any time appoint successor members to the committee to replace then current members or to fill vacancies. B. Two members of the committee shall be members of the city council, two members shall be city staff members, one member shall be a member of the Parks and Recreation Board and four members shall be appointed from the public at large. Section 3. MEETINGS: The members of the Lords Park Advisory Committee shall meet as soon as is practicable and shall establish regular meeting dates which shall not be less than four (4) times annually. The Lords Park Advisory Committee may establish rules regarding the conduct of meetings and where not otherwise provided Roberts Rules of Order, Newly Revised, shall be taken. Minutes shall be taken at all meetings. All meeting shall be conducted in accordance with the Open Meetings Act. Section 4. STAFF: The city manager, from time to time in his discretion, shall make available the service of the city’s professional staff to aid and cooperate with the Lords Park Advisory Committee in carrying out its responsibilities. Section 5. POWERS AND DUTIES: The Lords Parks Advisory Committee shall have the power and duty to evaluate and make recommendations to the city council regarding all aspects of the redevelopment and ongoing operations of Lords Park including but not limited to: A. Meet with the public regarding Lords Park. B. Meet with consultants retained by the city to assist the committee with developing recommendations to the city council regarding Lords Park. C. Enlist volunteers to aid the committee in formulating recommendations regarding the redevelopment and ongoing operations of Lords Park. D. Solicit donations to be applied toward the redevelopment and ongoing operations of Lords Park. E. Recommend to the city council the applications for grants to support the redevelopment and ongoing operations of Lords Park. VOLUME LXXV MAY 26, 2010 285 F. Develop and recommend to the city council a long term master plan for the redevelopment and ongoing operation of Lords Park. Section 6. DISSOLUTION OF COMMITTEE: The Lords Parks Advisory Committee shall automatically be dissolved upon the completion of a long term master plan for the redevelopment and ongoing operation of Lords Park and the adoption of such a plan by the city council unless the city council takes further action to extend or recreate the committee. Section 7. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 2010 Passed: May 26, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 27, 2010 Published: May 28, 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 Kaptain, 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. Bicycle & Pedestrian Advisory Committee – March 2, 2010 Bicycle & Pedestrian Advisory Committee – April 6, 2010 Centre Advisory Board – April 8, 2010 Cultural Arts Commission – April 12, 2010 Zoning and Subdivision Hearing Board – March 17, 2010 Committee of the Whole Minutes – April 28, 2010 City Council Minutes – April 28, 2010 Disbursement Report MAY 26, 2010 VOLUME LXXV 286 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adjourn the meeting and resume the Committee of the Whole Meeting at Item G on the Agenda. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 8:40 p.m. s/ Diane Robertson June 9, 2010 Diane Robertson, City Clerk Date Approved