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HomeMy WebLinkAboutj - May 25, 2011 CC205 VOLUME LXXVI MAY 25, 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 May 25, 2011, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:37 p.m. The Invocation was given by Dale Jaacks from God‟s Oasis and the Pledge of Allegiance was led by Eleanor Richoz and Gordon Schnulle. ROLL CALL Roll call was answered by Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: Councilmember Gilliam. MINUTES OF THE MAY 11, 2011, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve the May 11, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS National Bike to Work Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, since 2009, the Elgin Bicycle and Pedestrian Advisory Committee and the Elgin Community Network have sponsored Bike to Work Week events in June; and WHEREAS, National Bike Month is now observed throughout the nation; and WHEREAS, many Elgin citizens and visitors ride bicycles and recognize the economic, social and physical benefits; and WHEREAS, bikes keep us healthy, carry us from point A to B, save us from high gas prices, make our air cleaner and our roads less congested; and MAY 25, 2011 VOLUME LXXVI 206 WHEREAS, making bicycle accommodations and educating cyclists and motorists as to the proper and safe operation of bicycles is important to ensure the safety and comfort of all users; and WHEREAS, the City of Elgin has a goal of achieving national recognition as a „Bicycle Friendly Community‟. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim June 10-19, 2011, as ELGIN BIKE TO WORK WEEK in the City of Elgin, and encourage all citizens to recognize the importance of bicycle safety and to be more aware of cyclists on our streets. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of May, 2011 s/ David J. Kaptain David J. Kaptain Mayor Steve Wasilowski, Chairman of the Bicycle and Pedestrian Committee, accepted the proclamation. He provided a schedule of the various upcoming events for Elgin Bike to Work Week and invited everyone to attend and participate. He thanked the Mayor, Council, and the community for their support. RECOGNIZE PERSONS PRESENT Eleanor Richoz invited the Mayor and Council to two upcoming events: the Blackhawk Residents Association Summer Picnic on July 10, 2011, and the neighborhood‟s Night-Out Event on August 12, 2011. She stated she was also pleasantly surprised to get a visit from the Police and Fire Departments at her last neighborhood meeting. She commended Battalion Chief McMahan and the firefighters and praised their presentation. Mike Curtin expressed his concerns regarding neighborhood flooding in the 400 block of Elm Street. He believes that some of the lower quality trees need to be removed in his area to reduce storm sewer blockages, alleviate yard clean-up, and also reduce damage to resident waste pipes. He asked that the City consider removing some of the lower quality trees from the neighborhood. Chuck Keysor announced that a new public service group has been formed called the Elgin Octave. He stated their goal is to stimulate and engage citizens to increase public input to the Council on various topics and issues. He stated that the Elgin Octave group would communicate with interested residents through their website, direct email, Facebook, and Twitter. Craig Mason expressed his concerns regarding the City of Elgin‟s business license practice. He would like the Council to reconsider requiring business licenses. VOLUME LXXVI MAY 25, 2011 207 David Sam, President of the Elgin Community College, spoke regarding the expansion of the Elgin Community College campus to a site in Burlington, as well as maintaining a positive working relationship with the City of Elgin. Terry Gavin expressed his concerns regarding the economic development incentive practices being used to attract businesses to the City of Elgin, and asked the Council to vote no regarding the Sears Holdings Management Corporation agreement. BID 11-023 AWARDED TO RON JONES ELECTRIC FOR WING PARK ELECTRICAL WORK Councilmember Steffen noted that the electrical work that this bid covers will allow the Elgin Symphony Orchestra to return to the Wing Park Band Shell. The concert in the park event will be “Building Community through the Arts”, on August 13, 2011, and will be in partnership with Feeding Greater Elgin. He reminded everyone that there would be valet parking and shuttles available at the event. Councilmember Steffen made a motion, seconded by Councilmember Prigge, to award a contract to Ron Jones Electric in the amount of $20,100 for replacing the electrical service to the Wing Park Band Shell and eliminating the overhead electrical service lines and abandoned utility poles. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 11-028 AWARDED TO SEYLLER’S INC. FOR EXTERIOR CAULKING REPAIRS AT THE CENTRE Councilmember Moeller made a motion, seconded by Councilmember Powell, to award a contract with Seyller‟s Inc. in the amount of $74,800 to repair failing caulk joints on the exterior of The Centre to prevent water leakage into the building and damage to the masonry. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 11-033 AWARDED TO CLEANNET USA AND GSF ILLINOIS FOR JANITORIAL CLEANING SERVICES FOR ELGIN SPORTS COMPLEX AND EASTSIDE RECREATION CENTER Councilmember Prigge made a motion, seconded by Councilmember Steffen, to award a contract to CleanNet USA for $3,840 and GSF Illinois for $21,240 for janitorial cleaning services at the Elgin Sports Complex and the Eastside Recreation Center for a total amount of $25,080. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. MAY 25, 2011 VOLUME LXXVI 208 BID 11-034 AWARDED TO FUERTE SYSTEMS FOR CLIFFORD OWASCO PARK IMPROVEMENTS Councilmember Powell made a motion, seconded by Councilmember Steffen, to award the contract to Fuerte Systems in the amount of $88,176 for the Clifford Owasco Park to improve the park by constructing a basketball area, asphalt path and play field. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 08-11 APPROVED REQUESTING AN AMENDMENT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NUMBER G76-04, TO ALLOW GENERAL WAREHOUSING AND STORAGE AS A PERMITTED LAND USE; PROPERTY LOCATED AT 2498 BUSHWOOD DRIVE; BY MARK EBACHER AS APPLICANT, AND THE GROVE AT RANDALL, LLC, D/B/A INTERSTATE PARTNERS, AS OWNER Marc Mylott, Community Development Director, reviewed the petition noting that the Zoning and Subdivision Hearing Board recommended approval subject to conditions. Councilmember Dunne expressed his concerns regarding Bushwood Drive being a private drive with no water main. He believes that this presents problems with being compliant with City codes. Mr. Mylott stated that the petition would have to go through a full code compliance review prior to the issuance of any building permits. Councilmember Dunne stated that he has been part of the review process in the past and is aware of the pressures that are involved. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve Petition 08-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. RESOLUTION 11-91 TABLED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH SEARS HOLDINGS MANAGEMENT CORPORATION (2428 BATH ROAD) Councilmember Powell made a motion, seconded by Councilmember Dunne, to table the economic incentive agreement with Sears Holdings Management Corporation. Discussion regarding the time period that the agreement should be tabled ensued between Councilmembers, the Mayor, and Staff. The motion was clarified to table the agreement until the next regularly scheduled City Council meeting on June 8, 2011. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: Councilmember Steffen. VOLUME LXXVI MAY 25, 2011 209 RESOLUTION 11-92 ADOPTED AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH ARCH INSURANCE COMPANY REGARDING THE WATERFORD SUBDIVISION PERFORMANCE BONDS (NEIGHBORHOOD 2 AND NEIGHBORHOOD 3) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-92 RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH ARCH INSURANCE COMPANY REGARDING THE WATERFORD SUBDIVISION PERFORMANCE BONDS (Neighborhood 2 and Neighborhood 3) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and directed to execute a Settlement Agreement with Arch Insurance Company on behalf of the City of Elgin regarding the Waterford Subdivision performance bonds relating to Neighborhood 2 and Neighborhood 3, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2011 Adopted: May 25, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Jennifer Quinton Jennifer Quinton, Acting City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. G17-11, G18-11, and S7-11, and adopt Resolution No. 11-90 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. MAY 25, 2011 VOLUME LXXVI 210 RESOLUTION 11-90 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-90 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Oralia Braun be and is hereby appointed as a member of the Human Relations Commission, for a term to expire May 1, 2014. BE IT FURTHER RESOLVED that Mohammad Iqbal be and is hereby appointed as a member of the Human Relations Commission, for a term that expires May 1, 2014. BE IT FURTHER RESOLVED that Thomas K. Sandor be and is hereby appointed as a member of the Housing Authority Board of Elgin, for a term that expires December 1, 2014. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2011 Adopted: May 25, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Jennifer Quinton Jennifer Quinton, Acting City Clerk ORDINANCE G17-11 PASSED ADOPTING AN IDENTITY PROTECTION POLICY IN ACCORDANCE WITH THE IDENTITY PROTECTION ACT Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVI MAY 25, 2011 211 Ordinance No. G17-11 AN ORDINANCE ADOPTING AN IDENTITY PROTECTION POLICY IN ACCORDANCE WITH THE IDENTITY PROTECTION ACT WHEREAS, the State of Illinois enacted the Identity Protection Act (5 ILCS 179/1, et seq.) (the “Act”), effective June 1, 2010; and WHEREAS, the Act requires state and local government agencies, including the City of Elgin (the “City”) to take certain steps to protect Social Security numbers from unauthorized disclosure; and WHEREAS, the Act further requires the City to implement an Identity Protection Policy, as defined by the Act, by June 1, 2011; and WHEREAS, the City has developed an Identity Protection Policy in the form provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Recitals. The recitals set forth above are incorporated as part of this ordinance by this reference. Section 2. Approval of Policy. The City hereby approves and adopts the Identity Protection Policy in the form attached to this ordinance. Section 3. Effective Date. This ordinance shall be in full force and effect as of May 31, 2011, from and after its passage, approval and publication in the manner required by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2011 Passed: May 25, 2011 Vote: Yeas: 6 Nays: 0 Recorded: May 25, 2011 Published: May 27, 2011 Attest: s/ Jennifer Quinton Jennifer Quinton, Acting City Clerk MAY 25, 2011 VOLUME LXXVI 212 ORDINANCE G18-11 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G18-11 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number To Be Issued” be and is hereby further amended to read as follows: “6.06.050: Licenses; Number To Be Issued: A. The number of class A licenses shall not exceed eleven (11) in number. B. The number of class A-1 licenses shall not exceed one (1) in number. C. The number of class B licenses shall not exceed twenty-one (21) in number. D. The number of class B-1 licenses shall not exceed ten (10) in number. E. The number of class B-2 licenses shall not exceed two (2) in number. F. The number of class B-3 licenses shall not exceed three (3) in number. G. The number of class C-1 licenses shall not exceed one (1) in number. H. The number of class E-2 licenses shall not exceed three (3) in number. I. The number of class E-3 licenses shall not exceed two (2) in number. J. The number of class F licenses shall not exceed eleven (11) in number. K. The number of class F-1 licenses shall not exceed one (1) in number. L. The number of class M licenses shall not exceed six (6) in number. VOLUME LXXVI MAY 25, 2011 213 M. The number of class R licenses shall not exceed one (1) in number. N. The number of class R-1 licenses shall not exceed one (1) in number. O. The number of class S licenses shall not exceed one (1) in number. P. The number of class U licenses shall not exceed two (2) in number. Q. The number of class V licenses shall not exceed one (1) in number. R. The number of class W licenses shall not exceed one (1) in number.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2011 Passed: May 25, 2011 Vote: Yeas: 6 Nays: 0 Recorded: May 25, 2011 Published: May 27, 2011 Attest: s/ Jennifer Quinton Jennifer Quinton, Acting City Clerk ORDINANCE S7-11 PASSED PROVIDING FOR THE ISSUANCE OF $9,695,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2011, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE S7-11 IS ON FILE IN THE CITY CLERK‟S OFFICE FOR REVIEW. MAY 25, 2011 VOLUME LXXVI 214 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Powell, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Building Commission – April 27, 2011 Electrical Committee – March 17, 2011 Heritage Design Review Subcommittee – April 12, 2011 Planning and Development Commission – April 18, 2011 Retiree Health Insurance Trust Fund – February 7, 2011 Committee of the Whole Minutes – April 27, 2011 City Council Minutes – April 27, 2011 Hotel/Motel Report – April 2011 Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Powell, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:24 p.m. s/ Jennifer Quinton June 8, 2011 Jennifer Quinton, Acting City Clerk Date Approved