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HomeMy WebLinkAboutf - March 23, 2011 CC99 VOLUME LXXVI MARCH 23, 2011 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on March 23, 2011, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:30 p.m. The Invocation was given by Reverend Fuentes and the Pledge of Allegiance was led by Councilmember John Steffen. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE MARCH 9, 2011, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the March 9, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS Girl Scout Month Proclamation Mayor Schock read a proclamation recognizing the ninety-ninth anniversary of the Girls Scouts of American and proclaiming March as Girl Scouts of American month. Scout Leader Diane Grafagna and a number of girl scouts accepted the proclamation. RECOGNIZE PERSONS PRESENT Cheryl Graves expressed concerns about squatters living in vacant and/or foreclosed homes. Reverend Henoch Fuentes expressed his gratitude to the Fire Department, Police Department, and City Council for their support for the victims of the earthquake in Chile. He also passed along greetings from the Chilean government. Joe Vassalo and Rich Jacobs announced the Elgin Short Film Festival will again be held in September and that applications are currently available. MARCH 23, 2011 VOLUME LXXVI 100 Melissa Pedrigi expressed her concerns about the property across from her residence that is supposed to be Heritage Park. The park has never been completed and she feels the area is not safe. Jean Decker echoed the comments of Ms. Pedrigi. Mayor Schock commented that the two women will be contacted by someone in the city manager’s office. BID 10-068 AWARDED TO VIRGIL COOK AND SON, INC. FOR COLLEGE GREEN AND RANDALL ROAD PEDESTIAN CROSSING Councilmember Warren made a motion, seconded by Councilmember Steffen, to award a contract to Virgil Cook and Son, Inc. in the amount of $48,366.25 for the installation of a pedestrian crossing at the intersection of College Green and Randall Road to increase the walk- ability of an area of Elgin currently dominated by automobile traffic. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 11-011 AWARDED TO OZINGA READY MIX CONCRETE, INC. AND MEYER MATERIAL FOR READY-MIX PORTLAND CEMENT CONCRETE Councilmember Steffen made a motion, seconded by Councilmember Prigge, to award a contract to Ozinga Ready Mix Concrete, Inc. in the amount of $96.00 per cubic yard and Meyer Material for $99.25 per cubic yard in the amount of $30,000 for the purchase of Portland cement concrete to provide Public Works Department with the materials necessary to efficiently repair and replace concrete infrastructure within the city. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 11-016 AWARDED TO BOLDER CONTRACTORS FOR LORD STREET SEWER SEPARATION PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Dunne, to award a contract to Bolder Contractors in the amount of $4,768,208.05 for the Lord Street Sewer Separation Project which will improve the city’s infrastructure with the construction of new storm sewers and the conversion of existing combined sewers to sanitary sewers. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. FINAL PUBLIC HEARING REGARDING FISCAL YEAR 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mayor Schock declared the public hearing open. VOLUME LXXVI MARCH 23, 2011 101 Mark Mylott, Community Development Director, reviewed the recommended projects. He noted that no written comments had been received. Esther Burry of the Illinois Food Bank thanked the council for their support. There were no other comments from the audience. Mr. Mylott said that staff recommended approved of the recommended projects. Mayor Schock declared the public hearing closed. RESOLUTION 11-57 ADOPTED AUTHORIZING FILING OF APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 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, Warren, and Mayor Schock. Nays: None. Mayor Schock thanked Councilmember Gilliam and Councilmember Kaptain for their work on this project. Resolution No. 11-57 RESOLUTION AUTHORIZING FILING OF APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community develop ment needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the preservation and rehabilitation of affordable housing, the rehabilitation of public facilities, and support for public service activities may be addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Nine Hundred Twenty Thousand Dollars ($920,000) for the following projects: 1. RESIDENTIAL REHABILITATION GRANT PROGRAM CDBG funds will be used to provide grants for the rehabilitation of housing owned and/or occupied by low and moderate income families. Submitting Agency: City of Elgin’s Community Development Department MARCH 23, 2011 VOLUME LXXVI 102 Location: City-wide activity Proposed Level of Funding: $470,955 2. CDBG PROGRAM ADMINISTRATION CDBG funds will be used for program administration, including program oversight, management, monitoring and coordination; the preparation and submission of reports as required by federal regulations; and public information and assistance. Submitting Agency: City of Elgin’s Community Development Department Location: 150 Dexter Court, Elgin Proposed Level of Funding: $75,000 3. NORTHERN ILLINOIS FOOD BANK – FOOD DISTRIBUTION AND COMMUNITY NUTRITION CENTER CDBG funds will be used to assist with funding the construction of a new food distribution facility and nutrition center at 273 Dearborn Court in Geneva. Submitting Agency: Northern Illinois Food Bank Location: 600 Industrial Drive, St. Charles Proposed Level of Funding: $75,000 4. SENIOR SERVICES ASSOCIATES – REPLACE HAVC CDBG funds will be used to replace aging HVAC units. Submitting Agency: Senior Services Associates Location: 101 South Grove Avenue, Elgin Proposed Level of Funding: $42,500 5. PADS OF ELGIN EMERGENCY SHELTER PROGRAM CDBG funds will be used to pay the rent for their facilities, where emergency shelter and homeless prevention services are provided. Submitting Agency: PADS of Elgin Location: 1730 Berkley Street, Elgin Proposed Level of Funding: $50,000 6. AID – ENERGY EFFICIENCY UPGRADES – 695 STATE ST. LOCATION CDBG funds will be used to replace the siding, windows and roof. Submitting Agency: Association for Individual Development Location: 1135 Bowes Road, Elgin Proposed Level of Funding: $53,935 7. COMMUNITY CRISIS CENTER – INTERIOR BUILDING IMPROVEMENTS CDBG funds will be used to repair and improve the existing building and facilities. Submitting Agency: Community Crisis Center, Inc. Location: 37 South Geneva Street, Elgin Proposed Level of Funding: $42,850 VOLUME LXXVI MARCH 23, 2011 103 8. WELL CHILD CENTER – PHASE II SITE IMPROVEMENTS CDBG funds will be used to provide security and safety in the parking lot. Submitting Agency: Well Child Center Location: 620 Wing Street, Elgin Proposed Level of Funding: $64,700 9. WAYSIDE CROSS MINISTRIES-EMERGENCY SHELTER ASSISTANCE CDBG funds will be used to pay the rent for their facilities, where emergency shelter and homeless prevention services are provided. Submitting Agency: Wayside Cross Ministries Location: 1732 Berkley Street, Elgin Proposed Level of Funding: $45,060 Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk PETITION 04-11 APPROVED REQUESTING A CONDITIONAL USE IN THE CC2 CENTER CITY DISTRICT, THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT AND THE HP HISTORIC PRESERVATION OVERLAY DISTRICT TO PERMIT THE ESTABLISHMENT OF A DRINKING PLACE; PROPERTY LOCATED AT 221 NATIONAL STREET, BY KATHY CHERRY, AS APPLICANT, AND NATIONAL LLC, AS OWNER Community Development Director Mylott reviewed the petition and noted the Zoning and Subdivision Hearing Board recommended approval subject to conditions. Councilmember Prigge asked if there were any concerns about the day care center located near by and Mr. Mylott said there not. MARCH 23, 2011 VOLUME LXXVI 104 Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve Petition 04-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: Councilmember Prigge. RESOLUTION 11-58 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF THE FOX VALLEY, INC. FOR OPERATIONAL SUPPORT 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: None. Councilmember Kaptain abstained due to a conflict of interest. Resolution No. 11-58 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF THE FOX VALLEY, INC. FOR OPERATIONAL SUPPORT 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 Purchase of Service Agreement on behalf of the City of Elgin with Neighborhood Housing Services of the Fox Valley, Inc. for operational support, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-59 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to a conflict of interest. VOLUME LXXVI MARCH 23, 2011 105 Resolution No. 11-59 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK 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 Purchase of Service Agreement on behalf of the City of Elgin with Elgin Community Network for the creation of neighborhood area boards that provide a structure for communication, collaboration and coordination between residents, city staff and elected officials, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-60 ADOPTED AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT WITH POLICEMEN’S BENEVOLENT AND PROTECTION ASSOCIATION UNIT #54 City Manager Stegall expressed his gratitude to the union for their cooperation on this matter. Mayor Schock applauded the leadership and membership of the union. He contrasted the relationship between the city and its unions with those of the State of Wisconsin. Councilmember Steffen said it was nice to be able to sit down as equals. Councilmember Dunne offered his congratulations and Councilmember Prigge said these things are not forgotten. Councilmember Gilliam 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: None. Councilmember Dunne abstained due to a conflict of interest. MARCH 23, 2011 VOLUME LXXVI 106 Resolution No. 11-60 RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT WITH POLICEMEN’S BENEVOLENT AND PROTECTION ASSOCIATION UNIT #54 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 extension agreement on behalf of the City of Elgin with Policemen’s Benevolent and Protection Association Unit #54, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G9-11, G10-11, S2-11, and S3-11 and adopt Resolution Nos. 11- 46 through 11-56 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 11-46 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONVERGING NETWORKS GROUP, INC. Councilmember Gilliam 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. VOLUME LXXVI MARCH 23, 2011 107 Resolution No. 11-46 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONVERGING NETWORKS GROUP, INC. 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 execute an agreement on behalf of the City of Elgin with Converging Networks Group, Inc. for design and configuration of network switches and modules services in connection with the 2011 Network Switch Infrastructure Upgrade Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-47 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAYERS40, INC. Councilmember Gilliam 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. 11-47 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAYERS40, INC. 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 Sayers40, Inc. for design and configuration of wireless network controller and access point modules MARCH 23, 2011 VOLUME LXXVI 108 services in connection with the 2011 Wireless Network Infrastructure Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-48 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR MOBILE RADIOS, PORTABLE RADIOS AND ASSOCIATED HARDWARE Councilmember Gilliam 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. 11-48 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR MOBILE RADIOS, PORTABLE RADIOS AND ASSOCIATED HARDWARE 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 an agreement on behalf of the City of Elgin with Motorola Solutions, Inc. for the purchase of mobile radios, portable radios and associated hardware for two replacement ambulances, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXVI MARCH 23, 2011 109 Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-49 ADOPTED ACCEPTING THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY GRANT UNDER THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAM (SAFER) Councilmember Gilliam 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. 11-49 RESOLUTION ACCEPTING THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY GRANT UNDER THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAM (SAFER) 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 accept the United States Department of Homeland Security Grant under the Staffing For Adequate Fire and Emergency Response Program (SAFER) on behalf of the City of Elgin in the amount of $327,557. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MARCH 23, 2011 VOLUME LXXVI 110 RESOLUTION 11-50 ADOPTED APPROVING THE GRANT RECIPIENT ELIGIBILITY LIST UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM Councilmember Gilliam 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. 11-50 RESOLUTION APPROVING THE GRANT RECIPIENT ELIGIBILITY LIST UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM WHEREAS, the Historic Architectural Rehabilitation Grant Program has been established to provide financial assistance and incentives for property owners in Elgin's historic districts and individual landmarks in the restoration of their properties; and WHEREAS, in 2011 applications have been made for 13 projects under the Historic Architectural Rehabilitation Grant Program; and WHEREAS, said applications have been submitted to the Elgin Heritage Commission which conducted a review and scored applications based upon objective criteria and forwarded an eligibility list to the City Council which has reviewed and approved the list. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $100,000 is allocated for the following projects approved under the grant recipient eligibility list: Owner Address Grant (50/50) Tom and Donna Leetz 364 Division Street $ 20,000 Carl Brahms and Nicole Tuhy-Brahms 730 Douglas Avenue $ 20,000 Keith Flaningam 248 Michigan Street $ 19,750 Dan and Pat Miller 165 S. Gifford Street $ 14,160 Keith Flaningam 279 Villa Street $ 20,000 Robert Conforti 217 Michigan Avenue $ 6,090 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ Ed Schock Ed Schock, Mayor VOLUME LXXVI MARCH 23, 2011 111 Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-51 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR THE 2011 NEIGHBORHOOD REHABILITATION-RAYMOND STREET PROJECT Councilmember Gilliam 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. 11-51 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR THE 2011 NEIGHBORHOOD REHABILITATION-RAYMOND STREET 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 Amendment Agreement No. 1 with Engineering Enterprises, Inc. on behalf of the City of Elgin for the 2011 Neighborhood Street Rehabilitation-Raymond Street Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MARCH 23, 2011 VOLUME LXXVI 112 RESOLUTION 11-52 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN LONGCOMMON PARKWAY AND BECKMAN TRAIL OF THE EDGEWATER SUBDIVISION Councilmember Gilliam 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. 11-52 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN LONGCOMMON PARKWAY AND BECKMAN TRAIL OF THE EDGEWATER 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 Longcommon Parkway and Beckman Trail of the Edgewater Subdivision the following public improvements: 660 lineal feet of twelve-inch storm sewer, 1,085 lineal feet of fifteen -inch storm sewer, 480 lineal feet of eighteen-inch storm sewer, 570 lineal feet of twenty-one-inch storm sewer, 630 lineal feet of twenty-seven-inch storm sewer, 23 catch basins, 15 street lights, 12 street signs, 2,880 lineal feet of improved street (including curb and gutter and sidewalk on both sides of the street and median), a 7 foot-by-3-foot box culvert and their appurtenances to the city maintained facilities. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-53 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIXON ENGINEERING, INC. (CONSTRUCTION PHASE OF THE SHALES PARKWAY TWO MILLION GALLON ELEVATED WATER TOWER PROJECT) Councilmember Gilliam 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. VOLUME LXXVI MARCH 23, 2011 113 Resolution No. 11-53 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIXON ENGINEERING, INC. (Construction Phase of the Shales Parkway Two Million Gallon Elevated Water Tower 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 an agreement on behalf of the City of Elgin with Dixon Engineering, Inc. for engineering services in connection with the Construction Phase of the Shales Parkway Two Million Gallon Elevated Water Tower Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-54 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT REGARDING PUBLIC IMPROVEMENTS IN THE RANDALL ROSE AUTO MALL SUBDIVISION Councilmember Gilliam 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. 11-54 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT REGARDING PUBLIC IMPROVEMENTS IN THE RANDALL ROSE AUTO MALL SUBDIVISION 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 amendment to agreement on behalf of the City of Elgin regarding public MARCH 23, 2011 VOLUME LXXVI 114 improvements in the Randall Rose Auto Mall Subdivision, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 11-55 ADOPTED APPOINTING MEMBER TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE Councilmember Gilliam 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. 11-55 RESOLUTION APPOINTING MEMBER TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Scott Magee be and is hereby appointed as a member of the Bicycle and Pedestrian Advisory committee, for a term to expire September 30, 2012. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXVI MARCH 23, 2011 115 RESOLUTION 11-56 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DATA-WAVE, INC. Councilmember Gilliam 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. 11-56 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DATA-WAVE, INC. 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 Data-Wave, Inc. for a point of sale software system for the Porter Pub’s Restaurant at the Bowes Creek Country Club, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S2-11 PASSED DESIGNATING SAWYER MANSION AT 806 WEST HIGHLAND AVENUE AS A HISTORICAL LANDMARK Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. MARCH 23, 2011 VOLUME LXXVI 116 Ordinance No. S2-11 ORDINANCE DESIGNATING SAWYER MANSION AT 806 WEST HIGHLAND AVENUE AS A HISTORICAL LANDMARK WHEREAS, the Elgin Heritage Commission has conducted a public hearing and determined that the Sawyer Mansion at 806 West Highland Avenue meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation of a historical landmark; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the Sawyer Mansion at 806 West Highland Avenue has been identified by the Elgin Heritage Commission, as a significant historical and architectural structure within the City of Elgin due to its connection to prominent Elgin citizens and its significant architectural and structural design; and WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin’s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate the Sawyer Mansion at 806 West Highland Avenue as a historical landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Sawyer Mansion at 806 West Highland Avenue, located upon the property legally described as follows: Lot 5 and the Southerly 20 feet of the Westerly 26 feet of Lot 4 in Block II of McClure’s Linden Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby designated as a historical landmark as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of the ordinance, and record a certified copy of the ordinance in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor VOLUME LXXVI MARCH 23, 2011 117 Presented: March 23, 2011 Passed: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2011 Published: March 25, 2011 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S3-11 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP Councilmember Gilliam made a motion, seconded by Councilmember Steffen, 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. S3-11 AN ORDINANCE ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2011 Zoning Map" dated March, 2011 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois. Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map. Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $55.00; each quadrant map - $25.00; the entire five map set - $145.00. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. MARCH 23, 2011 VOLUME LXXVI 118 Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Passed: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2011 Published: March 25, 2011 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G9-11 PASSED GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN AMENDED PROGRAM FOR GRAPHICS (77 NORTH AIRLITE STREET) Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance G9-11 AN ORDINANCE GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN AMENDED PROGRAM FOR GRAPHICS (77 North Airlite Street) WHEREAS, Ordinance No. G32-99, entitled “An Ordinance Granting Conditional Use for a Master Signage Plan”, was adopted on June 23, 1999, and provided for a specified program for graphics for the property commonly known as 77 North Airlite Street; and WHEREAS, written application has been made for conditional use approval to permit an amended program for graphics in the CF Community Facility District at 77 North Airlite Street to allow the establishment of a new freestanding monument sign and changes to existing freestanding monument signs; 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 VOLUME LXXVI MARCH 23, 2011 119 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 February 16, 2011, 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 Ordinance No. G32-99 entitled “An Ordinance Granting a Conditional Use for a Master Signage Plan”, passed June 23, 1999, be and is hereby amended as set forth in this ordinance. Section 3. That conditional use approval to permit an amended program for graphics in the CF Community Facility District at 77 North Airlite Street and legally described as follows: Parcel One: Outlot “A” of Country Knolls, Unit No. 8, in the City of Elgin, Kane Count y, Illinois. Parcel Two: Lots 12, 13, 14, 15, 16, and 17 in Block 4 in the Walter G. McIntosh and Company’s “Fox River Farms”, in the City of Elgin, Kane County, Illinois. Parcel Three: Lots 14, 15 and 16 in Block 5 of the Walter G. McIntosh and Company’s “Fox River Farms” in the City of Elgin, Kane County, Illinois. Parcel Four: That Part of Provena Drive (Vacated), Originally Cherry Street, Lying Northerly of the Southerly Line, Extended Westerly of Lot 16 in Walter G. McIntosh & Company’s Fox River Farms, Being a Subdivision of Part of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian. Situated in the City of Elgin, Kane County, Illinois (Property Commonly Known as 77 North Airlite Street). be and is hereby granted subject to the following additional conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted by Allen Jensen, Assistant Vice President of Facilities Management for Provena St Joseph Hospital, dated January 26, 2011. 2. Substantial conformance to the Sign Plan named “Monument”, prepared by Poblocki Sign MARCH 23, 2011 VOLUME LXXVI 120 Company Inc., dated July 7, 2010. 3. Substantial conformance to the Topographical Plat of Survey, showing Sign Placement, prepared by Landmark, dated approved plan January 28, 2011. 4. Substantial conformance to the Landscape Layout Plan, prepared by Tecza Landscaping Services, dated January 25, 2011. The area of the landscape material of each monument sign shall not be less than 2.5 times the surface area of the sign. 5. No additional freestanding monument signs will be permitted on the property at 77 North Airlite Street as mitigation for the departures from the requirements of the graphic ordinance. 6. Compliance with all other 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 in the event of any conflict between the terms of Ordinance No. G32-99, and the terms of this ordinance, the terms of this ordinance shall supersede and control. Section 5. 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: March 23, 2011 Passed: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2011 Published: March 25, 2011 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G10-11 PASSED AMENDING TITLE 5 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PROCUREMENTS” Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXVI MARCH 23, 2011 121 Ordinance No. G10-11 AN ORDINANCE AMENDING TITLE 5 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PROCUREMENTS” WHEREAS, the City of Elgin is a home rule unit pursuant to Subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and WHEREAS, pursuant to such section of the Illinois Constitution a home rule unit may exercise any power and perform any function pertaining to its governmental affairs; and WHEREAS, the City of Elgin pursuant to its home rule powers has previously adopted a procurement ordinance pursuant to Title 5 of the Elgin Municipal Code, 1976, as amended, entitled “Procurements”; and WHEREAS, the purpose of such procurement ordinance includes providing for the fair and equitable treatment of all persons involved in public purchasing by the city, to maximize the purchasing value of public funds and procurement, to obtain the best value for using departments, and to provide safeguards for maintaining a procurement system of quality and integrity; and WHEREAS, the city council of the City of Elgin has determined that it is appropriate to amend the definitions within the City of Elgin’s procurement ordinance to provide for a more comprehensive definition of a responsible bidder for certain contracts involving the city; and WHEREAS, defining what constitutes a responsible bidder for certain city contracts and otherwise providing for procurements regulations for City of Elgin procurements pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 5.04.075 of the Elgin Municipal Code, 1976, as amended, entitled “Responsible Bidder or Offerer” be and is hereby further amended to read as follows: “"Responsible bidder or offerer" means a person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. In addition to meeting such criteria a responsible bidder must also submit evidence of compliance with the following specific applicable criteria: 1. Documents evidencing compliance with all applicable laws and ordinances prerequisite to doing business in Illinois. MARCH 23, 2011 VOLUME LXXVI 122 2. A valid federal employer tax identification number or, if an individual, a valid social security number. 3. A statement of compliance with the Equal Opportunity Employer provisions of Section 2000e of Chapter 21, Title 42 of the United States Code and federal executive order number 11246, as amended, by executive order 11375 and evidence of compliance with the Equal Opportunity Employer provisions of Elgin Municipal Code Section 3.12.100, as amended. 4. Certificates of insurance indicating insurance coverages as set forth in a bid specification including general liability, workers’ compensation, completed operations, automobile, hazardous occupations and products liability. 5. Evidence of a written sexual harassment policy in compliance with the provisions of the Illinois Human Rights Act (775 ILCS 5/2-105(A)(4), as amended). 6. A statement of compliance with the provisions of the Illinois Prevailing Wage Act (820 ILCS 130/1 et seq., as amended). 7. Evidence of compliance with the Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et seq., as amended). 8. Evidence of relevant experience that indicates the necessary capacity to perform the project and adequate references verifying the quality of work performed.” 9. For city construction projects (construction of new city facilities, renovation of existing city facilities or city road construction projects) over Fifty Thousand Dollars ($50,000) evidence of participation in an apprentice and training programs applicable to the work to be performed on the project which are approved by and registered with the United States Department of Labor Office of Apprenticeship and Training or are reasonable equivalent to such programs. 10. For city construction projects (construction of new city facilities, renovation of existing facilities or city road construction projects) bidders must demonstrate a good-faith effort toward providing equal employment opportunities for persons to work as craftspersons, laborers, workers or mechanics consistent with the racial, ethnic and gender demographics of the labor force available in the Illinois Department of Employment Security Chicago-Naperville-Joliet Metropolitan Division which consists of Cook, DeKalb, DuPage, Grundy, Kane, Kendall, McHenry and Will counties.” VOLUME LXXVI MARCH 23, 2011 123 Section 2. If any provision, clause, sentence, paragraph, section or part of this ordinance, or application thereof, to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair, or validate the remainder of this ordinance and the application of such provisions to other persons or circumstances shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved with the controversy in which such judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 3. That all ordinances or parts or ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. The amendatory provisions of this ordinance shall be applicable to bids issued after the effective date of this ordinance. s/ Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Passed: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 23, 2011 Published: March 25, 2011 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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. Cultural Arts Commission – February 14, 2011 Human Relations Commission – January 4 and February 8, 2011 Zoning and Subdivision Hearing Board – January 5 and February 16, 2011 Committee of the Whole – February 23, 2011 City Council – February 23, 2011 MARCH 23, 2011 VOLUME LXXVI 124 Telecommunications Tax – March, 2011 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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 8:05 p.m. s/ Diane Robertson April 13, 2011 Diane Robertson, City Clerk Date Approved