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