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HomeMy WebLinkAboutn - July 27 2011 CC305 VOLUME LXXVI JULY 27, 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 July 27, 2011, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:02 p.m. The Invocation was given by Dale Jaacks from God’s Oasis and the Pledge of Allegiance was led by Reporter Tara Garcia-Matthews. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Absent: Councilmember Steffen. MINUTES OF THE JULY 13, 2011, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to approve the July 13, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. COMMUNICATIONS Lucy Miller, Larkin High School Valedictorian, Recognition Mayor Kaptain presented Ms. Lucy Miller with a proclamation which noted her many accomplishments during her tenure at Larkin High School. She thanked the Council, in particular, Councilmember Prigge, for recognizing her accomplishments. RECOGNIZE PERSONS PRESENT Anthony Nance addressed the Council regarding property taxes and the upcoming budget. Dennis Monise, an alarm company owner, discussed a potential change to a new radio communication monitoring system for fire alarms. He is opposed to any potential change. JULY 27, 2011 VOLUME LXXVI 306 BID 11-026A AWARDED TO ARROW ROAD CONSTRUCTION FOR THE 2011 INTERMITTENT RESURFACING PROGRAM Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to award a contract to Arrow Road Construction in the amount of $ 1,096,113 for the 2011 Intermittent Resurfacing Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. BID 11-038 AWARDED TO GREAT LAKES SNOW SYSTEMS FOR CUL DE SAC & ALLEY SNOW REMOVAL SERVICES Councilmember Prigge made a motion, seconded by Councilmember Moeller, to award a contract to Great Lakes Snow Systems in the amount of $ 161,610 to perform cul-de-sac and alley snow and ice removal services. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. PETITION 13-11 APPROVED REQUESTING A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A PHYSICAL FITNESS FACILITY; PROPERTY LOCATED AT 24 TYLER CREEK PLAZA, BY FRANK HERNANDEZ, D/B/A FRANK’S HOUSE OF STEEL, INC., AS APPLICANT AND ELGIN INTERSTATE ASSOCIATES, AS OWNERS Community Development Director Mylott presented an overview of the proposed project and outlined the recommended conditions for approval. Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve Petition 13-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. PETITION 14-11 APPROVED REQUESTING A CONDITIONAL USE IN THE CC1 CENTER CITY DISTRICT, TO PERMIT THE EXPANSION OF AN ADULT DAY CARE FACILITY AND SOCIAL SERVICE AGENCY; PROPERTY LOCATED AT 105 SOUTH GROVE AVENUE AND 205 FULTON STREET, SUITE A, BY SENIOR SERVICES ASSOCIATION, INC., AS APPLICANT, AND 105 GROVE LLC, AS OWNER Community Development Director Mylott presented an overview of the proposed project and outlined the recommended conditions for approval. Councilmember Dunne questioned Mr. Mylott regarding the parking required for the project. He stated that there are overlapping usages for the parking deck so parking would not be an issue. VOLUME LXXVI JULY 27, 2011 307 Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve Petition 14-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. RESOLUTION 11-136 ADOPTED AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT WITH BAXTER AND WOODMAN, INC. (NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2007-2013) Councilmember Powell made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, and Mayor Kaptain. Nays: None. Councilwoman Moeller abstained due to a conflict of interest. Resolution No. 11-136 RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT WITH BAXTER AND WOODMAN, INC. (NPDES Phase II Storm Water Permit Compliance Project 2007-2013) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute second amendment agreement with Baxter and Woodman, Inc. on behalf of the City of Elgin for the National Pollution Discharge Elimination System (NPDES) Phase II Storm Water Permit Compliance Project 2007-2013, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Vote: Yeas: 5 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 27, 2011 VOLUME LXXVI 308 RESOLUTION 11-137 TABLED CHANGING THE NAME OF CROSBY STREET TO DOMINICAN WAY Councilmember Dunne made a motion, seconded by Councilmember Moeller, to table Resolution 11-137 until the next regularly scheduled meeting when all members of Council can be present to vote on the street name change. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. RESOLUTION 11-138 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT WITH PINGREE LLC, PINGREE CREEK, L.L.C., WENNLUND FARM, L.L.C., NESLER & LAKE-CRE, LLC, NESLER & LAKE-LOTS, LLC, WEST POINT GARDENS HOMES, LLC, WEST POINT GARDENS SOUTH, LLC, WYNDHAM DEERPOINT HOMES, INC. AND HPI-ELGIN, LLC FOR OTTER CREEK INTERCEPTOR SEWER PHASES 4A AND 4B AND OTTER CREEK INTERCEPTOR SEWER AND WATER MAIN PHASES 5A AND 5B Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Resolution No. 11-138 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT WITH PINGREE LLC, PINGREE CREEK, L.L.C., WENNLUND FARM, L.L.C., NESLER & LAKE-CRE, LLC, NESLER & LAKE-LOTS, LLC, WEST POINT GARDENS HOMES, LLC, WEST POINT GARDENS SOUTH, LLC, WYNDHAM DEERPOINT HOMES, INC. AND HPI-ELGIN, LLC FOR OTTER CREEK INTERCEPTOR SEWER PHASES 4A AND 4B AND OTTER CREEK INTERCEPTOR SEWER AND WATER MAIN PHASES 5A AND 5B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a First Amendment To Public Improvements Construction Agreement with Pingree LLC, Pingree Creek, L.L.C., Wennlund Farm, L.L.C., Nesler & Lake- CRE, LLC, Nesler & Lake-Lots, LLC, West Point Gardens Homes, LLC, West Point Gardens South, LLC, Wyndham Deerpoint Homes, Inc. and HPI-Elgin, LLC for Otter Creek Interceptor Sewer Phases 4A and 4B and Otter Creek Interceptor Sewer and Water Main Phases 5A and 5B, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVI JULY 27, 2011 309 Presented: July 27, 2011 Adopted: July 27, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T21-11 PASSED ESTABLISHING A BUDGET ADVISORY TASK FORCE Councilmember Prigge wanted to know the status of the membership selection process for the Budget Advisory Task Force. City Manager Stegall stated that the final list would be available soon and that Council would be notified of the membership selection in a memo. Councilwoman Powell felt it was important that the Task Force have a balance of representation of the entire community. Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Ordinance No. T21-11 AN ORDINANCE ESTABLISHING A BUDGET ADVISORY TASK FORCE WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the city council of the City of Elgin has determined that it is desirable to provide for a Budget Advisory Task Force to provide recommendations to the city manager and the city council to achieve a balanced city budget and balanced financial plan; and WHEREAS, the creation of a Budget Advisory Task Force and the city’s budget and financial plan are matters pertaining to the government affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: JULY 27, 2011 VOLUME LXXVI 310 “Section 1. BUDGET ADVISORY TASK FORCE CREATED: There is hereby created the Budget Advisory Task Force for the purpose of providing recommendations to the city manager and the city council regarding balancing the city’s budget and financial plan. Section 2. MEMBERSHIP: The Budget Advisory Task Force shall be composed of thirteen (13) members. One (1) of such members shall be the chairperson who shall vote only in the case of a tie vote of the members of the task force. Each member shall serve for an indefinite term. The members of the task force including the chairperson shall be appointed jointly by the mayor and the city manager. The mayor and city manager may at any time appoint successor members to the task force to replace then current members or to fill vacancies. Section 3. MEETINGS: The members of the Budget Advisory Task Force shall meet as soon as is practicable and shall meet as often as is reasonably necessary to carry out its duties and to provide its recommendations and report as provided for in this ordinance. The Budget Advisory Task Force may establish rules regarding the conduct of meetings and where not otherwise provided Roberts Rules of Order, Newly Revised, shall apply. Minutes shall be taken at all meetings. All meetings shall be conducted in accordance with the Open Meetings Act. Section 4. STAFF: The city manager, from time to time in his discretion, shall make available the service of the city’s professional staff to aid and cooperate with the Budget Advisory Task Force in carrying out its responsibilities. Section 5. POWERS AND DUTIES: The Budget Advisory Task Force shall have the power and duty to evaluate and make recommendations regarding the city’s budget and financial plan including proposed recommendations regarding expenditures and revenues to provide for a balanced budget and balanced five-year financial plan. The task force shall have the authority to create subcommittees of its members. The task force shall present its recommendations in a written report to the city manager as soon as is reasonably practicable but no later than October 31, 2011. The city manager shall submit such report of the Budget Advisory Task Force along with the city manager’s 2012 budget and five-year financial plan submission to the city council. VOLUME LXXVI JULY 27, 2011 311 Section 6. DISSOLUTION OF TASK FORCE: The Budget Advisory Task Force shall automatically be dissolved on December 31, 2011.” Section 7. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Passed: July 27, 2011 Vote: Yeas: 5 Nays: 1 Recorded: July 27, 2011 Published: July 29, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G25-11 and adopt Resolution Nos. 11-126 through 11-135 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. RESOLUTION 11-126 ADOPTED APPROVING THE CITY OF ELGIN TYLER CREEK WATERSHED STABILIZATION PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. JULY 27, 2011 VOLUME LXXVI 312 Resolution No. 11-126 RESOLUTION APPROVING THE CITY OF ELGIN TYLER CREEK WATERSHED STABILIZATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the City of Elgin Tyler Creek Watershed Stabilization Program as outlined in the attached grant program documentation. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-127 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH PUBLIC ACTION TO DELIVER SHELTER (PADS) Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Resolution No. 11-127 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH PUBLIC ACTION TO DELIVER SHELTER (PADS) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Public Action to Deliver Shelter (PADS) for financial assistance in providing overnight shelter and meals to the homeless, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVI JULY 27, 2011 313 Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-128 ADOPTED NAMING CITY PARK Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Resolution No. 11-128 RESOLUTION NAMING CITY PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the park property located at 4600 Plank Road, Elgin, Illinois, commonly known as the regional park, be and is hereby designated and named Jack E. Cook Park and Forest Preserve. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 27, 2011 VOLUME LXXVI 314 RESOLUTION 11-129 ADOPTED AUTHORIZING ACCEPTANCE OF U.S. DEPARTMENT OF JUSTICE 2010 COMMUNITY ORIENTED POLICING SERVICES (COPS) TECHNOLOGY PROGRAM GRANT FOR POLICE SQUAD CAR VIDEO CAMERAS AND RELATED EQUIPMENT Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Resolution No. 11-129 RESOLUTION AUTHORIZING ACCEPTANCE OF U.S. DEPARTMENT OF JUSTICE 2010 COMMUNITY ORIENTED POLICING SERVICES (COPS) TECHNOLOGY PROGRAM GRANT FOR POLICE SQUAD CAR VIDEO CAMERAS AND RELATED EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the U.S. Department of Justice 2010 Community Oriented Policing Services (COPS) Technology Program grant award in the amount of $460,000 for the purchase of police squad car video cameras and related equipment. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies, approves and authorizes the execution of an Award Document by Jeffrey A. Swoboda, Chief of Police, with the U.S. Department of Justice on behalf of the City of Elgin in conjunction with the subject grant award program and that Sean R. Stegall, City Manager, is hereby authorized and directed to execute said Award Document with the U.S. Department of Justice on behalf of the City of Elgin in conjunction with the subject grant award program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI JULY 27, 2011 315 RESOLUTION 11-130 ADOPTED AUTHORIZING PURCHASE OF POLICE SQUAD CAR VIDEO CAMERA EQUIPMENT FROM CDS OFFICE TECHNOLOGIES Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Resolution No. 11-130 RESOLUTION AUTHORIZING PURCHASE OF POLICE SQUAD CAR VIDEO CAMERA EQUIPMENT FROM CDS OFFICE TECHNOLOGIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the purchase of police squad car video cameras and related equipment by the City of Elgin from CDS Office Technologies be and is hereby authorized and approved in the total amount of $287,874.95, pursuant to the CDS Office Technologies quotation dated May 26, 2011, attached hereto, and through the State of Illinois joint purchasing program pursuant to the State of Illinois’ current agreement with CDS Office Technologies which includes such equipment. BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, is hereby authorized and directed to execute necessary documents in conjunction with the purchase authorized herein. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-131 ADOPTED AUTHORIZING PURCHASE OF COMPUTER EQUIPMENT FOR POLICE SQUAD CAR VIDEO CAMERAS FROM DELL, INC. Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. JULY 27, 2011 VOLUME LXXVI 316 Resolution No. 11-131 RESOLUTION AUTHORIZING PURCHASE OF COMPUTER EQUIPMENT FOR POLICE SQUAD CAR VIDEO CAMERAS FROM DELL, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the purchase of computer equipment related to police squad car video cameras by the City of Elgin from Dell, Inc. be and is hereby authorized and approved in the total amount of $144,927.05, pursuant to the Dell quotation dated June 22, 2011, attached hereto, and through the current master price agreement with the Midwest Higher Education Commission and Dell which includes such equipment. BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, is hereby authorized and directed to execute necessary documents in connection with the purchase authorized herein. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-132 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ULTRA STROBE COMMUNICATIONS, INC. FOR GOODS AND SERVICES RELATING TO THE INSTALLATION OF POLICE SQUAD CAR VIDEO CAMERAS Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. VOLUME LXXVI JULY 27, 2011 317 Resolution No. 11-132 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ULTRA STROBE COMMUNICATIONS, INC. FOR GOODS AND SERVICES RELATING TO THE INSTALLATION OF POLICE SQUAD CAR VIDEO CAMERAS 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 Ultra Strobe Communications, Inc. for goods and services relating to the installation of police squad car video cameras, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-133 ADOPTED AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT TO DEVELOPMENT AGREEMENT WITH ARTSPACE PROJECTS, INC. (51 S. SPRING STREET) Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. JULY 27, 2011 VOLUME LXXVI 318 Resolution No. 11-133 RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT TO DEVELOPMENT AGREEMENT WITH ARTSPACE PROJECTS, INC. (51 S. Spring Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute second amendment agreement to development agreement with Artspace Projects, Inc. on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-134 ADOPTED APPROVING FINAL PLAT FOR EDGEWATER SUBDIVISION-PHASE 4-FIRST RESUBDIVISION (2700 BOWES ROAD) Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Resolution No. 11-134 RESOLUTION APPROVING FINAL PLAT FOR EDGEWATER SUBDIVISION-PHASE 4-FIRST RESUBDIVISION (2700 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Manhard Consulting, Ltd. dated July 16, 2010, VOLUME LXXVI JULY 27, 2011 319 with pages 1, 2 and 5 last revised on April 11, 2011, and pages 3 and 4 last revised on July 26, 2011, for Edgewater Subdivision-Phase 4-First Resubdivision. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-135 ADOPTED AUTHORIZING EXECUTION OF A RESIDENTIAL REAL ESTATE CONTRACT (140 N. CHANNING STREET) Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Resolution No. 11-135 RESOLUTION AUTHORIZING EXECUTION OF A RESIDENTIAL REAL ESTATE CONTRACT (140 N. Channing Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Residential Real Estate Contract on behalf of the City of Elgin with Habitat for Humanity of Northern Fox Valley for the sale of the property commonly known as 140 N. Channing Street, Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor JULY 27, 2011 VOLUME LXXVI 320 Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G25-11 PASSED AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC” Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Ordinance No. G25-11 AN ORDINANCE AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.60.081 of the Elgin Municipal Code, 1976, as amended, entitled “Fifteen Minute Parking Zones” be and is hereby repealed. Section 2. That Section 11.60.082 of the Elgin Municipal Code, 1976, as amended, entitled “Thirty Minute Parking Zones” be and is hereby further amended to read as follows: “11.60.082: THIRTY MINUTE PARKING ZONES It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than thirty (30) minutes upon the following designated streets and areas: Jackson Street, east side thereof, from the centerline of South Street southeasterly for a distance of one hundred sixty five feet (165'), Monday through Friday during the hours of eight o'clock (8:00) a.m. to four o'clock (4:00) p.m. Perry Street, east side thereof, from seventy five feet (75') south of Locust Street to Crosby Street, between the hours of seven o'clock (7:00) a.m. and four o'clock (4:00) p.m. Monday through Friday.” VOLUME LXXVI JULY 27, 2011 321 Section 3. That Section 11.60.083 of the Elgin Municipal Code, 1976, as amended, entitled “One Hour Parking Zones” be and is hereby further amended to read as follows: “11.60.083: ONE HOUR PARKING ZONES: It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than one hour upon the following designated streets and areas: Highland Avenue, south side thereof, from eighty four feet (84') east of Crystal Street to one hundred sixty six feet (166') west of State Street. North State Street, both sides thereof, from West Highland Avenue to West Chicago Street. Ryerson Avenue, west side thereof, from Washburn Street to Walnut Avenue, the northerly six (6) spaces from nine o'clock (9:00) a.m. to five o'clock (5:00) p.m. South State Street, east side thereof, southerly from the intersection with West Chicago Street, the northerly three (3) spaces.” Section 4. That Section 11.060.083.2 of the Elgin Municipal Code, 1976, as amended, entitled “Ninety Minute Parking Zones” be and is hereby further amended to read as follows: “11.60.083.2: NINETY MINUTE PARKING ZONES: Walnut Avenue, both sides thereof, from State Street to Griswold Street, eight (8) spaces.” Section 5. That Section 11.06.084 of the Elgin Municipal Code, 1976, as amended, entitled “Two Hour Parking Zones” be and is hereby further amended to read as follows: “11.60.084: TWO HOUR PARKING ZONES: It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than two (2) hours upon the following designated streets and areas: Center Street, both sides thereof, from East Chicago Street to DuPage Street. Clifton Avenue, both sides thereof, from Shuler Street to Van Street from eight o'clock (8:00) a.m. to four o'clock (4:00) p.m., Monday through Friday. Gordon Court, both sides thereof, between the hours of eight o'clock (8:00) a.m. and four o'clock (4:00) p.m. on school days. JULY 27, 2011 VOLUME LXXVI 322 Jane Drive, both sides thereof, from Pamela Street to Meyer Street, between the hours of eight o'clock (8:00) a.m. and four o'clock (4:00) p.m. on school days. North Jane Drive, east side thereof, from Larkin Avenue northerly for a distance two hundred seventy feet (270') from eight o'clock (8:00) a.m. to five o'clock (5:00) p.m. South State Street, west side thereof, from West Chicago Street to South Street. Van Street, both sides thereof, from Melrose Avenue to McLean Boulevard from eight o'clock (8:00) a.m. to four o'clock (4:00) p.m., Monday through Friday. Weston Avenue, east side thereof, from one hundred forty six feet (146') south of Wing Street to eighty two feet (82') south of Wing Street.” Section 6. That Section 11.60.084 of the Elgin Municipal Code, 1976, entitled “Three Hour Parking Zones” be and is hereby repealed. Section 7. That Section 11.60.084.5 of the Elgin Municipal Code, 1976, as amended, entitled “Four Hour Parking Zones” be and is hereby repealed. Section 8. That Section 11.60.085 of the Elgin Municipal Code, 1976, as amended, entitled “Five Hour Parking Zones” be and is hereby repealed. Section 9. That Section 11.60.085.1 of the Elgin Municipal Code, 1976, as amended, entitled “Nine Hour Parking Zones” be and is hereby repealed. Section 10. That Section 11.60.086 of the Elgin Municipal Code, 1976, as amended, entitled “Ten Hour Parking Zones” be and is hereby amended to read as follows: “TEN HOUR PARKING ZONES: It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than ten (10) hours upon the following designated streets and areas: Brook Street, east side thereof, from Symphony Way to Water Street. Division Street, south side thereof, from Center Street to Geneva Street. East Chicago Street, both sides thereof, from Center Street to North Geneva Street. East Highland Avenue, both sides thereof, from Center Street to North Geneva Street.” VOLUME LXXVI JULY 27, 2011 323 Section 11. That Section 11.60.070 of the Elgin Municipal Code, 1976, as amended, entitled “Limited Parking Areas; One Hour or More” be and is hereby further amended by repealing subparagraph C thereof and by re-lettering subparagraphs D and E thereof to C and D. Section 12. That Section 11.60.089.1 of the Elgin Municipal Code, 1976, as amended, entitled “Seventy-Two Hour Permit Parking Zones” be and is hereby repealed. Section 13. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, entitled “Stopping, Standing and Parking” be and is hereby further amended by adding a new Section 11.60.095 thereto entitled “Downtown Parking Zone” to read as follows: “11.60.095 DOWNTOWN PARKING ZONE: A. The following hours are established for operation of the Downtown parking zone, bounded by the south side of Kimball Street on the north, the west side of Center Street on the east, west side of Villa Street on the east, the south side of Prairie street on the south, the east side of Grove Avenue on the east, the south side of National Street on the south and the east side of State Street on the west: Monday through Friday: Eight o'clock (8:00) a.m. to five o'clock (5:00) p.m. B. It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked in the Downtown parking zone according to the following provisions: 1. On any of the following streets for a period of longer than 2 hours unless otherwise prohibited in Section 11.60.050 or in the thirty (30)-minute parking spaces provided for in subsection C2 of this Section: Douglas Avenue, both sides thereof from Kimball Street to Chicago Street. Spring Street, both sides thereof from Kimball Street to Fulton Street. Center Street, both sides thereof from Kimball to E Chicago Street. Villa Street, both sides thereof from E Chicago Street to Prairie Street. East Chicago Street, both sides thereof from Riverside Drive to Center Street. Highland Avenue, both sides thereof from Riverside Avenue to Center JULY 27, 2011 VOLUME LXXVI 324 Street. North Grove Avenue, both sides thereof from Highland Avenue to Chicago Street. North Grove Avenue, both sides thereof from Kimball Street to Symphony Way. South Grove Avenue, both side thereof, from E Chicago Street to National Street Fulton Street, both sides thereof, from Spring Street to Villa Street. DuPage Street, both sides thereof from Spring Street to Villa Street. Dexter Street, both sides thereof, from Spring Street to westerly to its terminus at 150 Dexter Court. Symphony Way, both sides thereof, from Spring Street to North Grove Avenue. Division Street, both sides thereof, from Spring Street to Douglas Avenue. Chicago Street Bridge, south side thereof, from the Commuter Rail Division of RTA tracks to Riverside Drive, except for the westerly two (2) spaces. Chicago Street Bridge, north side thereof, from the Commuter Rail Division of RTA tracks, to Riverside Drive, twelve (12) spaces. Highland Avenue Bridge, south side thereof, except the westerly two (2) spaces. Highland Avenue Bridge, north side thereof. North State Street, east side thereof, the angled parking stalls in front of 7- 21 North State Street. 2. In any of the following on-street parking stalls for a period of longer than thirty (30) minutes: Symphony Way, south side thereof, the eastern-most six (6) angled parking stalls in the vicinity of the Centre of Elgin. Douglas Avenue, east side thereof, the seven (7) parking stalls directly in front of the Elgin Police Station at 151 Douglas Avenue. VOLUME LXXVI JULY 27, 2011 325 Douglas Avenue, between Division Street and Highland Avenue, east side thereof, the northern-most two (2) parking stalls. Division Street, south side thereof, between Spring Street and Douglas Avenue, the eastern-most parking stall. Highland Avenue, south side thereof, between N Grove Avenue and Douglas Avenue, the two (2) western-most parking stalls and the three (3) eastern-most parking stalls. Highland Avenue, south side thereof, between Spring Street and Douglas Avenue, the two (2) eastern-most parking stalls. East Chicago Street, north side thereof, between Spring Street and Douglas Avenue, the eastern-most two (2) parking stalls. East Chicago Street, south side thereof, between Spring Street and Douglas Avenue, the two (2) western-most parking stalls. East Chicago Street, north side thereof, between Spring Street and Villa Street, the eastern-most three (3) parking stalls. North Grove Avenue, both sides thereof, between Highland Avenue and Chicago Street, the northern-most parking stall. North Grove Avenue, east side thereof, between Highland Avenue and Chicago Street, the southern-most parking stall. Spring Street, west side thereof, the parking stall directly north of DuPage Court. Spring Street, west side thereof, the parking stall directly south of DuPage Court. DuPage Street, north side thereof, between Center Street and Spring Street, the western-most two (2) parking stalls. South Grove Avenue, between E Chicago Street and Fulton Street, west side thereof, the southern-most two (2) parking stalls. South Grove Avenue, west side thereof, between E Chicago Street and Fulton Street, the parking stall directly north of the pedestrian crosswalk from DuPage Court. South Grove Avenue, west side thereof, between E Chicago Street and JULY 27, 2011 VOLUME LXXVI 326 Fulton Street, the northern-most two (2) parking stalls. South Grove Avenue, east side thereof, between E Chicago Street and Fulton Street, the two (2) parking stalls directly south of the southern edge of DuPage Court. Spring Street, east side thereof, between Highland Avenue and Chicago Street, the two (2)-most southern parking stalls. Highland Avenue, north side thereof, between Center Street and Spring Street, the western-most two (2) parking stalls. Douglas Avenue, east side thereof, between Dexter Street and Division Street, the three (3) parking stalls directly south of the alleyway. Douglas Avenue, east side thereof, between Highland Avenue and East Chicago Street, the southern-most two (2) parking stalls. North State Street, east side thereof, between Highland Avenue and Chicago Street, the two (2) northern-most parking stalls. The thirteen (13) northern-most spaces along the western edge of municipal parking lot immediately south of the city hall building The twenty-nine (29) spaces, contained within the city hall building parking lot, directly south of the traffic circle in front of the city hall building 3. The portion of the Civic Center parking zone consisting of eight (8) parking spaces immediately south of the city hall building shall be reserved for parking for city vehicles only and it shall be unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked in such designated parking spaces unless the vehicle is an official city of Elgin vehicle designated by the city for parking in such parking spaces. 4. The Spring Street parking facility, level 1, shall be limited to two (2) hours, Monday through Friday, eight o'clock (8:00) a.m. to five o'clock (5:00) p.m. 5. The Spring Street parking facility, twenty (20) spaces on level 5 reserved for R.R. Donnelly & Sons Company, Monday through Saturday, eight o'clock (8:00) a.m. to five o'clock (5:00) p.m. 6. The portion of the Civic Center parking zone located north of Dexter Court shall be limited to permit parking only for thirty one VOLUME LXXVI JULY 27, 2011 327 (31) parking spaces for authorized city of Elgin employees and four (4) reserved permit parking spaces for the mayor, city council members, circuit court personnel and the Kane County sheriff displaying parking permits issued by the city for such portion of the Civic Center parking lot and it shall be unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked in such portion of the Civic Center parking lot without displaying a parking pass issued by the city for such portion of the Civic Center parking lot. 7. The aforementioned parking time restrictions shall not be applicable to designated handicapped parking spaces. C. It is unlawful to park any vehicle over twenty feet (20') in length in any one parking space or to park a vehicle in such a way that it requires more than one parking space. D. Except for authorized personnel it is unlawful for any person to enter or remain upon or within the city off-street parking facilities located in the downtown parking zone described in subsection B of this section during hours of operation for a period of time in excess of fifteen (15) minutes. Provided, however, this section shall not apply to the following: 1. Owners, drivers or passengers of vehicles parked in either facility; 2. Mechanics, tow truck operators or other auto service personnel present to service a vehicle parked in either facility. Section 14. that Section 11.60.086.1 of the Elgin Municipal Code, 1976, as amended, entitled “Seventy-Two Hour Parking Zones” be and is hereby further amended to read as follows: “11.60.086.1: SEVENTY-TWO HOUR PARKING ZONES: It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than seventy two (72) hours upon the following designated streets and areas: Municipal parking lot located at the northwest corner of Highland Avenue and Crystal Street. Municipal parking lot located at the northwest corner of Highland Avenue and State Street. Municipal parking lot located at the southeast corner of Raymond Street and JULY 27, 2011 VOLUME LXXVI 328 National Street. Municipal parking lot on Center Street at Dexter Avenue. Municipal parking lot on South Geneva Street between DuPage Street and Fulton Street. Municipal parking lot on the north side of Highland Avenue between North Geneva Street and Center Street. Municipal parking lot on the south side of Highland Avenue between North Geneva Street and Center Street. Fulton Street parking deck. Municipal parking lot at 50 S. Grove Avenue (Fountain Square). Municipal parking lot at the northeast corner of Fulton Street and Spring Street. Municipal parking lot at the northeast corner of Symphony Way and Douglas Avenue. Municipal parking lot at the northwest corner of Fulton Street and Villa Street. Municipal parking lot at the southwest corner of Chicago Street and Grove Avenue except for the southern-most row of parking spaces consisting of eighteen (18) spaces. Municipal parking lot at the southwest corner of Kimball Street and North Grove Avenue. Municipal parking lot on the north side of Prairie Street, west of the intersection with South Grove Avenue. Municipal parking lot directly south of the city hall building except for the thirteen (13), northern-most spaces along the western edge and the twenty-nine (29) spaces, contained within the city hall building parking lot, directly south of the traffic circle in front of the city hall building. Prairie Street surface parking lot on the north side of Prairie Street adjacent to the Fulton Street parking deck. Spring Street parking deck levels 2, 3, 4 and 5 except as otherwise provided in Section 11.60.095B. Centre or Civic Center Parking Deck on the southwest corner of Douglas Avenue and Symphony Way. VOLUME LXXVI JULY 27, 2011 329 Municipal parking lot on the southeast corner of Douglas Avenue and Dexter Court” Section 15. That Section 11.68.150 of the Elgin Municipal Code, 1976, as amended, entitled “Civic Center Parking Zone” be and is hereby repealed. Section 16. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 17. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Passed: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 27, 2011 Published: July 29, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Cultural Arts Commission – June 13, 2011 Heritage Design Review Subcommittee – June 28, 2011 Human Relations Commission – June 7, 2011 Parks and Recreation Advisory Board – May 31, 2011 Planning and Development Commission – May 16 2011 Committee of the Whole Minutes – June 22, 2011 City Council Minutes – June 22, 2011 Disbursement Report JULY 27, 2011 VOLUME LXXVI 330 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Setting of a Price for Sale or Lease of Property Owned by the Public Body - Exempt Under Section 120/2(c)(6) of the Open Meetings Act Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) of the Open Meetings Act Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Collective Bargaining Issues or Deliberations Concerning Salary Schedules for One or More Classes of Employees - Exempt Under Section 120/2(c)(2) of the Open Meetings Act The meeting adjourned at 7:30 p.m. s/ Kimberly Dewis August 10, 2011 Kimberly Dewis, City Clerk Date Approved