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HomeMy WebLinkAboutu - November 3, 2010 CC517 VOLUME LXXV NOVEMBER 3, 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 November 3, 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 Edmonds from the Second Baptist Church of Elgin and the Pledge of Allegiance was led by Councilmember Steffen. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Absent: Councilmember Warren. MINUTES OF THE OCTOBER 27, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the October 27, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Tonya Hudson, Executive Director of Downtown Neighborhood Association, announced a planning workshop on November 16, 2010, at the Gail Borden Public Library regarding new and existing downtown programs and initiatives. ANNEXATION AGREEMENT HEARING DATE OF NOVEMBER 17, 2010 APPROVED FOR THE PROPERTY LOCATED AT 1300 SUMMIT STREET; BY SECOND BAPTIST CHURCH OF ELGIN, AS APPLICANT AND OWNER (PETITION 25-10) Sarosh Saher, Senior Planner, reviewed the petition noting this was for an addition to the church park lot. Councilmember Steffen made a motion, seconded by Councilmember Prigge, to set an annexation hearing date of November 17, 2010, for Petition 25-10 regarding the property located at 1300 Summit Street. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Councilmember Gilliam abstained due to a conflict of interest. NOVEMBER 3, 2010 VOLUME LXXV 518 MOTION TO REMOVE RESOLUTION 10-209 AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH GIVAUDAN FLAVORS CORPORATION (735 TOLLGATE ROAD) FROM THE CONSENT AGENDA Councilmember Steffen made a motion, seconded by Councilmember Prigge, to remove Resolution 10-209 from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to pass Ordinance No. G50-10 and adopt Resolution Nos.10-205 through 10-208 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. RESOLUTION 10-205 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2011 Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Resolution No. 10-205 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of city council meetings for 2011 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 2011 Committee of the Whole January 12, 2011 6:00 PM City Council January 12, 2011 7:00 PM Committee of the Whole January 26, 2011 6:00 PM City Council January 26, 2011 7:00 PM Committee of the Whole February 9, 2011 6:00 PM City Council February 9, 2011 7:00 PM Committee of the Whole February 23, 2011 6:00 PM City Council February 23, 2011 7:00 PM VOLUME LXXV NOVEMBER 3, 2010 519 Committee of the Whole March 9, 2011 6:00 PM City Council March 9, 2011 7:00 PM Committee of the Whole March 23, 2011 6:00 PM City Council March 23, 2011 7:00 PM Committee of the Whole April 13, 2011 6:00 PM City Council April 13, 2011 7:00 PM Committee of the Whole April 27, 2011 6:00 PM City Council April 27, 2011 7:00 PM Committee of the Whole May 11, 2011 6:00 PM City Council May 11, 2011 7:00 PM Committee of the Whole May 25, 2011 6:00 PM City Council May 25, 2011 7:00 PM Committee of the Whole June 8, 2011 6:00 PM City Council June 8, 2011 7:00 PM Committee of the Whole June 22, 2011 6:00 PM City Council June 22, 2011 7:00 PM Committee of the Whole July 13, 2011 6:00 PM City Council July 13, 2011 7:00 PM Committee of the Whole July 27, 2011 6:00 PM City Council July 27, 2011 7:00 PM Committee of the Whole August 10, 2011 6:00 PM City Council August 10, 2011 7:00 PM Committee of the Whole August 24, 2011 6:00 PM City Council August 24, 2011 7:00 PM Committee of the Whole September 14, 2011 6:00 PM City Council September 14, 2011 7:00 PM Committee of the Whole September 28, 2011 6:00 PM City Council September 28, 2011 7:00 PM Committee of the Whole October 12, 2011 6:00 PM City Council October 12, 2011 7:00 PM Committee of the Whole October 26, 2011 6:00 PM City Council October 26, 2011 7:00 PM Committee of the Whole November 2, 2011 6:00 PM City Council November 2, 2011 7:00 PM Committee of the Whole November 16, 2011 6:00 PM City Council November 16, 2011 7:00 PM NOVEMBER 3, 2010 VOLUME LXXV 520 Committee of the Whole December 7, 2011 6:00 PM City Council December 7, 2011 7:00 PM Committee of the Whole December 21, 2011 6:00 PM City Council December 21, 2011 7:00 PM BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the foregoing city council meetings shall be held in the city council chambers in City Hall at 150 Dexter Court, Elgin, Illinois 60120. s/ Ed Schock Ed Schock, Mayor Presented: November 3, 2010 Adopted: November 3, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-206 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR GRANT WRITER PROGRAM SERVICES Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Resolution No. 10-206 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR GRANT WRITER PROGRAM SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc. for grant writer program services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV NOVEMBER 3, 2010 521 Presented: November 3, 2010 Adopted: November 3, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-207 ADOPTED REGARDING WORK PERFORMED IN THE STATE OF ILLINOIS RIGHT-OF-WAY Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Resolution No. 10-207 RESOLUTION REGARDING WORK PERFORMED IN THE STATE OF ILLINOIS RIGHT-OF-WAY WHEREAS, the City of Elgin, hereinafter referred to as Municipality, located in the Counties of Kane and Cook, State of Illinois, desires to undertake, in the years 2010 and 2011, the location, construction, operation and maintenance of driveways and street returns, watermains, sanitary and storm sewers, street light, traffic signals, sidewalk, landscaping, etc., on State highways, within said Municipality, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois, hereinafter referred to as Department; and WHEREAS, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the Municipality or by a private person or firm under contract and supervision of the Municipality. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: FIRST: That Municipality hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department, and to hold State of Illinois harmless during the prosecution of such work, and assume all liability for damages to person or property due to accidents or otherwise by reason of the work which is to be performed under the provisions of said permit. NOVEMBER 3, 2010 VOLUME LXXV 522 SECOND: That all authorized officials of the Municipality are hereby instructed and authorized to sign said working permit on behalf of the Municipality. s/ Ed Schock Ed Schock, Mayor Presented: November 3, 2010 Adopted: November 3, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-208 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Resolution No. 10-208 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE 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 the Kane County Child Advocacy Center through the Kane County State’s Attorney for funding assistance for the investigation of incidents of child abuse and juvenile sexual abuse, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV NOVEMBER 3, 2010 523 Presented: November 3, 2010 Adopted: November 3, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G50-10 PASSED AMENDING CHAPTER 1.20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GENERAL PENALTY; CITATIONS" Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Ordinance No. G50-10 AN ORDINANCE AMENDING CHAPTER 1.20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “GENERAL PENALTY; CITATIONS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 1.20 of the Elgin Municipal Code, 1976, as amended, entitled “General Penalty; Citations,” be and is hereby further amended by amending Section 1.20.020 entitled "General Penalty Provision for Ordinance Violation" to read as follows: A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of an offense. Except in cases where a different penalty is prescribed by any ordinance of the city, any person convicted or found guilty of an offense under the ordinances of Elgin shall be punished by a fine of not less than fifty dollars ($50.00) nor more than a fine of seven hundred fifty dollars ($750.00). B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he shall be punished accordingly. C. In all cases where the same offense is made punishable or is created by different clauses or sections of an ordinance, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a NOVEMBER 3, 2010 VOLUME LXXV 524 license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. D. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the city to suspend, revoke or refuse to renew any license or permit for cause. E. Upon the motion of the City of Elgin in a proceeding relating to an ordinance violation, any person convicted or found guilty of any offense under this Code or any ordinance of the City of Elgin may be ordered to perform a term of community service, regardless of any fines imposed or costs assessed. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 3, 2010 Passed: November 3, 2010 Vote: Yeas: 6 Nays: 0 Recorded: November 4, 2010 Published: November 5, 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. Lords Park Advisory Task Force – October 5, 2010 Parks and Recreation Advisory Board – august 31, 2010 Telecommunications Tax – October, 2010 Sales Tax – October, 2010 Local Sales Tax – October, 2010 State Income Tax – October, 2010 VOLUME LXXV NOVEMBER 3, 2010 525 State Use Tax – October, 2010 Hotel/Motel Tax – September, 2010 Committee of the Whole Minutes – October 13, 2010 City Council Minutes – October 13, 2010 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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 7:12 p.m. s/ Diane Robertson November 17, 2010 Diane Robertson, City Clerk Date Approved