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HomeMy WebLinkAboutw - December 1, 2010 CC584 DECEMBER 1, 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 December 1, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. A moment of silence was observed and the Pledge of Allegiance was led by Councilmember Warren. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE NOVEMBER 17, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve the November 17, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Char Stanley stated that she felt her signs for a garage sale had been unnecessarily removed by city personnel. She presented a petition to have the sign ordinance reviewed and a suggested set of rules. BID 10-054 AWARDED TO WATER WELL SOLUTIONS FOR DEEP WELL #1 AND #2 REPAIRS AT THE SLADE AVENUE WATER TREATMENT PLANT Councilmember Warren made a motion, seconded by Councilmember Steffen, to award a contract to Water Well Solutions in the amount of $95,413 for the reinstallation of Deep Well 1 and for the pulling and inspecting of Deep Well 2 at the Slade Avenue Water Treatment Plant in order to maintain the community’s infrastructure and deep wells in good operational condition through long-term planning. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXV DECEMBER 1, 2010 585 PUBLIC HEARING ON TRUTH IN TAXATION Mayor Schock declared the hearing open. Colleen Lavery, Chief Financial Officer, reported that the overall property tax levy is estimated to decrease $2,248,000 from the previous year ($49.95 to $47.70 million). The reason for this is that the Estimated Assessed Valuation is expected to decline 3.75%. The Mayor and Council previously gave direction to maintain the $1.92 tax rate for the eighteenth consecutive year even though it meant reducing the amount of taxes collected by the City. Ms. Lavery stated that to maintain the level of tax receipts levied in the previous year, the $1.92 tax rate would have had to been increased to $2.01. The Mayor and council chose not to burden the taxpayers by increasing their taxes paid to the City but instead have compensated for the shortfall by using general fund cash reserves. Although general fund cash reserves are being used in 2011, the cash reserve balance will remain in the desired range of 16 to 19 percent of general fund expenditures. There being no comments from the audience, the Mayor declared the hearing closed. RESOLUTION 10-209 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH GIVAUDAN FLAVORS CORPORATION (580 TOLLGATE ROAD) (THIS ITEM MUST BE REMOVED FROM THE TABLE) Councilmember Prigge made a motion, seconded by Councilmember Kaptain, to remove Resolution 10-209 from the table to be considered for tonight’s meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt the resolution shown below. Councilmember Prigge stated that he liked the idea of using Centre memberships as an incentive for economic development, but that he did not like the fact that the company would not use E - verify to verify citizenship, that there was no end dates on the free building permits, and that there is no performance clause regarding the employment of illegal aliens. Councilmember Kaptain said Councilmember Prigge’s points were valid and wondered if the Chief Financial Officer of the City could verify that the company had complied with all the provisions of the incentive agreement before the annual incentive was paid. Corporation Counsel William Cogley said that Givaudan can be asked to provide information and that employment information can be audited. Councilmember Prigge said that there was still no way to recoup any incentive that had already been paid if the company did not comply. Mr. Cogley said the city could sue and that this applies to virtually all of the city’s contracts. Councilmember Dunne asked what the cost would be to the city to perform an audit. Mr. Cogley replied that the company would have to pay for the cost of an audit and he thought it would be less than $1,000. Councilmember Prigge said that would be okay as long as the company is doing the most possible to ensure the employees are legal. DECEMBER 1, 2010 VOLUME LXXV 586 Mr. Cogley said it his understanding that the company does verify Social Security Numbers and also conducts background checks. He has been advised that their reluctance to use the E-verify system is an added and unnecessary process. Mayor Schock said that the twenty-two full-time jobs being incentive have an average salary in excess of $77,000. He said he is very happy to attract this company to Elgin. Councilmember Gilliam asked why the city should add another layer to the process and Councilmember Prigge said he was convinced that E-verify does a better job of verification. Councilmember Gilliam stated that the current system is not broken and it would be insane to turn down this agreement. Councilmember Warren said he felt the city has made a significant investment in economic development and this company is bringing good jobs to the city. Councilmember Prigge said he felt city’s tax money was being risked with this agreement. Councilmember Steffen said that he has checked into this company and has found out that they do extensive background checks being that they have a large amount of proprietary information and trademarks. He did not feel they would mess around. Councilmember Kaptain said he felt checks and balances are built into the system. Councilmember Prigge made a motion, seconded by Councilmember Kaptain, to amend the agreement to include payment of the incentive based on the results of an audit done by the city’s Chief Financial Officer. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, and Prigge. Nays: Councilmember Gilliam, Steffen, Warren, and Mayor Schock. Upon a roll call vote regarding the original motion to adopt the resolution as is: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: Councilmember Prigge. Resolution No. 10-209 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH GIVAUDAN FLAVORS CORPORATION (580 Tollgate Road) 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 Economic Incentive Agreement with Givaudan Flavors Corporation on behalf of the City of Elgin for economic development assistance in connection with the development of 580 Tollgate Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV DECEMBER 1, 2010 587 Presented: December 1, 2010 Adopted: December 1, 2010 Vote: Yeas: 6 Nays: 1 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-220 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DLA ARCHITECTS, LTD. FOR GRANT WRITER PROGRAM SERVICES Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Councilmember Warren abstained due to a conflict of interest. Resolution No. 10-220 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DLA ARCHITECTS, LTD. FOR GRANT WRITER PROGRAM 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 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 DLA Architects, Ltd. 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 DECEMBER 1, 2010 VOLUME LXXV 588 Presented: December 1, 2010 Adopted: December 1, 2010 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-221 ADOPTED IN SUPPORT OF GRANT RELATED ROAD IMPROVEMENT PROJECTS 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. Resolution No. 10-221 RESOLUTION IN SUPPORT OF GRANT RELATED ROAD IMPROVEMENT PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby commits to fund the local share for the following Council of Mayors grant related road improvement projects: 1. Kimball Street (LAPP) – State Street to Dundee Ave 2. Villa Street (LAPP) – East Chicago to Porter Street 3. Chicago Street Surface Transportation Program (STP) – Center to Porter Street 4. Larkin Avenue (STP) - Highland Avenue to McLean Boulevard 5. Larkin Avenue (LAPP) – McLean Boulevard to Airlite Street 6. Congdon Avenue (STP) – County line to Prospect Street 7. McLean Boulevard (LAPP) – Wing Street to Highland Avenue s/ Ed Schock Ed Schock, Mayor Presented: December 1, 2010 Adopted: December 1, 2010 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV DECEMBER 1, 2010 589 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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 West Side Tractor Sales Rockford, IL $28,654.53 Emergency repair for backhoe CONSENT AGENDA By unanimous consent, Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt Resolution Nos. 10-216 through 10-219 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-216 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH RIVER PARK PLACE, LLC 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. Resolution No. 10-216 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH RIVER PARK PLACE, LLC 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 a Second Amendment to Development Agreement on behalf of the City of Elgin with River Park Place, LLC, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 1, 2010 VOLUME LXXV 590 Presented: December 1, 2010 Adopted: December 1, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-217 ADOPTED AUTHORIZING THE TERMINATION OF A DEVELOPMENT AGREEMENT WITH CHANNING SQUARE, LLC 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. Resolution No. 10-217 RESOLUTION AUTHORIZING THE TERMINATION OF A DEVELOPMENT AGREEMENT WITH CHANNING SQUARE, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that City Manager, Sean R. Stegall, be and is hereby authorized and directed to terminate a development agreement on behalf of the City of Elgin with Channing Square, LLC dated October 24, 2007, as amended by the First Amendment Agreement thereto dated October 14, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 1, 2010 Adopted: December 1, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV DECEMBER 1, 2010 591 RESOLUTION 10-218 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALL SERVICE CONTRACTING CORP. FOR FILTER UNDER-DRAIN REPAIRS AT RIVERSIDE WATER TREATMENT PLANT 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. Resolution No. 10-218 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALL SERVICE CONTRACTING CORP. FOR FILTER UNDER-DRAIN REPAIRS AT RIVERSIDE WATER TREATMENT PLANT 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with All Service Contracting Corp. for filter under-drain repairs at the Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 1, 2010 Adopted: December 1, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 1, 2010 VOLUME LXXV 592 RESOLUTION 10-219 ADOPTED AUTHORIZING EXECUTION OF SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT WITH THE RESIDENTIAL LAND FUND I, L.P. (FIRE STATION NO. 9) 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. Resolution No. 10-219 RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT WITH THE RESIDENTIAL LAND FUND I, L.P. (Fire Station No. 9) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a second amendment to real estate sales contract on behalf of the City of Elgin with The Residential Land Fund I, L.P., a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 1, 2010 Adopted: December 1, 2010 Omnibus Vote: Yeas: 7 Nays: 0 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. Emergency Telephone System Board – October 21, 2010 Sales Tax – November 2010 Local Sales Tax – November 2010 VOLUME LXXV DECEMBER 1, 2010 593 State Income Tax– November 2010 State Use Tax – November 2010 Disbursement Report Committee of the Whole Minutes – November 3, 2010 City Council Minutes – November 3, 2010 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Kaptain, 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 7:40 p.m. s/ Diane Robertson December 15, 2010 Diane Robertson, City Clerk Date Approved