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Home My WebLink Aboutx - December 21, 2011 CC508 DECEMBER 21, 2011 VOLUME LXXVI DRAFT COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on December 21, 2011, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:07 p.m. The Invocation was given by Randy Schulenburg of Judson University and the Pledge of Allegiance was led by Reporters Mike Danahey and Tara Garcia-Mathewson. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE DECEMBER 7, 2011, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve the December 7, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Abstain: Councilmember Gilliam. RECOGNIZE PERSONS PRESENT Terry Gavin inquired about the status of the Senior Citizen Tax Rebate. Eleanor Richoz asked about recent downtown parking changes and the status of safe handicap parking. Ursula Borodzinska, part owner of the Martini Room, expressed her concerns over the proposed Alcohol Tax and compared Elgin’s proposed tax to the rates in surrounding communities. Greg Shannon, owner of the Elgin Public House, noted his concerns about the proposed Alcohol Tax and how it would affect his business profit margins. Michael Ross, owner of the Douglas Street Pub, expressed his concerns about the proposed Alcohol Tax and it’s affect on business. VOLUME LXXVI DECEMBER 21, 2011 509 Jason Pawlowski, Downtown Neighborhood Association, recognized the winners of the Rockin’ Window Wonderland contest. Joe Wars, from the Human Relations Commission, announced a Food Drive to be held from January 8th – January 15th in conjunction with Martin Luther King Jr. Day celebrations. Brian Costin, Illinois Policy Institute, provided information about the Institute and the services they have provided for other communities. Bill Werst asked about the electrical aggregation and what type of resident education would be provided. BID 11-055 AWARDED TO PROFESSIONAL CEMETERY SERVICES FOR BURIAL SERVICES CONTRACT FOR BLUFF CITY CEMETERY Councilmember Steffen made a motion, seconded by Councilmember Prigge, to approve an agreement with Professional Cemetery Services in the amount of $116,000 for burial services for Bluff City Cemetery. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 11-062 AWARDED TO H&H ELECTRIC FOR THE TRAFFIC SIGNAL MAINTENANCE PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Moeller, to approve an agreement with H&H Electric in the amount of $304,496 for the Traffic Signal Maintenance Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING FOR THE 2012 PROPOSED CITY OF ELGIN BUDGET Mayor Kaptain opened the public hearing for the 2012 proposed budget at 8:40 p.m. Colleen Lavery, Chief Financial Officer, reported that the 2012 Budget to be considered totaled $268,514,480 and established an appropriation for seven fund types and 40 individual funds. Ms. Lavery noted that the structural deficit is being eliminated through the addition of a refuse fee and beverage tax. The goal of diversifying the city’s revenue is being accomplished by adding a natural gas, electricity, and a storm water utility tax which enables the city to reduce the dollar amount of the property tax levy. The overall property tax levy is budgeted to decrease $1,000,000 from the previous year, $47.445 million to $46.445 million. Bill Werst expressed his concerns regarding the refuse fee being removed from the property tax bill and therefore no longer being able to use it as a deduction on his taxes. DECEMBER 21, 2011 VOLUME LXXVI 510 Ursula Borodzinska, Martini Room, expressed her concerns over the proposed 3% Alcohol Tax and compared Elgin’s proposed tax to the rates in surrounding communities. City Manager Sean Stegall noted that the surrounding communities have a food and beverage tax unlike the proposed tax on alcohol only. Toby Shaw expressed concerns regarding the impact the new fees would have on the not for profit agencies in the City. Terry Gavin asked about the status of the Senior Citizen Tax Rebate. City Manager Stegall noted that the threshold had been achieved and the funds had been encumbered, but a final decision would be made in January. The City Council made remarks regarding the proposed budget. The Council as a whole thanked the staff and the Budget Task Force for their hard work as well as the citizens that attended the meetings and provided input. Councilmember Steffen acknowledged the necessity to lower property taxes and to reduce the reliance on the Riverboat Fund. He also noted that before increases were considered there were several cuts that were made. Councilmember Prigge stated he felt there were good things, property tax relief, and bad things, refuse, gas, and electric fees, and ugly things, the 71% increase to the Cultural Arts budget about this year’s budget. Councilmember Powell commented on the cuts that started in 2008 and that the City would continue to look for ways to be more efficient. She noted she was pleased to see the leaf pick up program become more equitable. Councilmember Moeller thanked Mayor Kaptain for his leadership and fellow Councilmembers for their civil discussions. She noted the decision to raise fees was not made lightly and it was done with the long term financial health of the City in mind. Councilmember Gilliam commented that while dealing with increases is difficult, public safety needed to be considered and there is a need to maintain a standard of service. Councilmember Dunne stated that overall this was a good budget. It lowers the levy and makes the City more competitive to bring in more businesses. Mayor Kaptain echoed the comments of the other Councilmembers. He reviewed the process used to select members of the Budget Task Force and he also noted that there would be strategic planning discussions in early 2012. Mayor Kaptain declared the public hearing for the 2012 proposed budget closed at 9:30 p.m. VOLUME LXXVI DECEMBER 21, 2011 511 ORDINANCE T22-11 PASSED ADOPTING THE 2012 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Councilmember Gilliam made a motion, seconded by Councilmember Steffen, 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. T22-11 AN ORDINANCE ADOPTING THE 2012 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 2012; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least seven days; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget officer and placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 2012 and is attached hereto. Section 2. That the budget officer is hereby authorized and directed to cause to be prepared and published the 2012 annual budget. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2012. s/ David J. Kaptain David J. Kaptain, Mayor DECEMBER 21, 2011 VOLUME LXXVI 512 Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 6 Nays: 1 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T23-11 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T23-11 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the State of Illinois, did on the 21st of December, 2011 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 2012, the amount of which is ascertained to be the aggregate sum of $268,514,480. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection for the public health, safety, morals and welfare; to license; to tax; and to incur debt.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: Section 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 2011, the total sum of $46,445,000 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being VOLUME LXXVI DECEMBER 21, 2011 513 included herein by being placed in a separate column under the heading “To Be Raised By Taxation” which appears over the same, the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: GENERAL CORPORATE PURPOSES In Accordance with Provisions of the 1970 Constitution of Illinois, Article 7 Amount Appropriated Estimated Receipts From Other Sources To Be Raised By Taxation 01 Mayor & City Council 235,270 235,270 02 City Clerk 216,650 216,650 03 Office of the City Manager 1,440,960 1,440,960 05 Legal 1,089,350 1,089,350 06 Human Resources 742,960 742,960 15 Planning & Neighborhood Services 423,360 423,360 16 Code Administration & Development Services 3,209,370 3,209,370 17 Business Services - Economic Development 216,620 216,620 19 Boards & Commissions 395,940 395,940 20 Finance 1,884,910 1,884,910 21 ITS 911,080 911,080 22 Purchasing & Risk Management 465,540 465,540 23 Police Department 33,388,030 14,463,720 18,924,310 24 Civil Defense - Emergency Operations 25,720 25,720 28 Fire Department 22,859,730 9,902,852 12,956,878 33 Public Works 17,008,540 17,008,540 37 Building Maintenance 2,017,060 2,017,060 69 Non-Departmental 7,228,880 7,228,880 TOTAL – GENERAL CORPORATE PURPOSES $93,759,970 $61,878,782 $31,881,188 Add: 1% for Loss of Collection 318,812 TOTAL AMOUNT TO BE RAISED BY TAXATION - GENERAL CORPORATE PURPOSE $32,200,000 SPECIAL CORPORATE PURPOSES 201 Public Benefit Fund 704,770 704,770 220 Emergency Telephone System (E911) 3,617,000 3,617,000 230 Community Dev. Grant 1,667,290 1,667,290 240 Spring St Parking Dist. 149,990 149,990 250 Drug Asset Forfeiture Fund 352,580 352,580 261 Dundee Special Tax Allocation Fund 0 0 DECEMBER 21, 2011 VOLUME LXXVI 514 262 Central Area Tax Allocation Fund 16,506,050 16,506,050 263 U.S. Rte. 20 Tax Allocation Fund 468,910 468,910 275 Elgin Riverboat Fund 24,346,260 24,346,260 276 Elgin Riverboat Lease 6,166,090 6,166,090 290 Motor Fuel Tax Fund 3,511,410 3,511,410 294 Cemetery Operating 493,810 493,810 296 Elgin Recreation 7,667,040 7,667,040 301 Corporate Bond Fund 11,308,000 8,070,376 $3,237,624 Add: 1% for Loss of Collection 32,376 TOTAL AMOUNT TO BE RAISED BY TAXATION – CORPORATE BOND FUND $3,270,000 280 Social Security 1,940,594 0 1,940,594 Add: 1% for Loss of Collection 19,406 TOTAL AMOUNT TO BE RAISED BY TAXATION –SOCIAL SECURITY $1,960,000 280 Illinois Municipal Retirement Fund 9,217,286 6,776,692 2,440,594 Add: 1% for Loss of Collection 24,406 TOTAL AMOUNT TO BE RAISED BY TAXATION – IMRF $2,465,000 Capital Improvement Funds 340 Park Development Fund 1,584,500 1,584,500 378 Tyler Creek 897,000 897,000 396 1996 GO Bond Project Fund 0 0 380 2000 GO Bond Project Fund 24,410 24,410 381 2001 GO Bond Project Fund 8,600 8,600 382 2002 GO Bond Project Fund 0 0 383 2003 GO Bond Project Fund 50,810 50,810 384 2004 GO Bond Project Fund 95,250 95,250 365 2005 GO Bond Project Fund 140,000 140,000 366 2006 GO Bond Project Fund 341,000 341,000 367 2007 GO Bond Project Fund 339,800 339,800 368 2008 GO Bond Project Fund 1,871,500 1,871,500 370 2010 GO Bond Project Fund 857,400 857,400 371 2011 GO Bond Project Fund 4,895,000 4,895,000 385 Capital Improvement Fund 1,652,600 1,652,600 Enterprise Funds 401 Water Operating Fund 22,561,580 22,561,580 420 Water Development Fund 2,708,770 2,708,770 430 Sewer Operating Fund 5,126,550 5,126,550 440 Sewer Development Fund 9,446,120 9,446,120 540 Golf Operating Fund 3,697,560 3,697,560 VOLUME LXXVI DECEMBER 21, 2011 515 Internal Service Funds 601 Equipment Replacement 2,812,850 2,812,850 630 Risk Management Fund 5,221,690 5,221,690 635 Medical Insurance 9,731,020 9,731,020 Trust and Agency Funds 520 Cemetery Perpetual Care Fund 31,060 31,060 636 Retiree Medical Insurance 1,715,300 1,715,300 701 Police Pension Fund 5,957,110 2,491,763 $3,465,347 Add: 1% for Loss of Collections 34,653 TOTAL AMOUNT TO BE RAISED BY TAXATION - POLICE PENSION $3,500,000 711 Fire Pension Fund 4,869,950 1,850,148 $3,019,802 Add: 1% for Loss of Collections 30,198 TOTAL AMOUNT TO BE RAISED BY TAXATION - FIRE PENSION $3,050,000 TOTAL SPECIAL CORPORATE PURPOSES $174,754,510 $160,650,549 $14,103,961 Add: 1% for Loss of Collections 141,039 TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES $14,245,000 GRAND TOTAL – APPROPRIATION ALL PURPOSES $268,514,480 TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION $222,529,331 TOTAL TO BE RAISED BY TAXATION $45,985,149 Add: 1% for Loss of Collections 459,851 TOTAL AMOUNT TO BE RAISED BY TAXATION $46,445,000 The total amount of $46,445,000 levied by this ordinance for all funds. Section 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Section 3. That the City Clerk be and she is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. s/ David J. Kaptain David J. Kaptain, Mayor DECEMBER 21, 2011 VOLUME LXXVI 516 Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T24-11 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T24-11 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Two has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Two in the City of Elgin” passed and effective on September 7, 1977; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Two are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Two, subject to taxation for the year 2011, the sum total of $124,500 for the following purposes. VOLUME LXXVI DECEMBER 21, 2011 517 Estimated Receipts From Sources To Be 2012 Other Than Raised By Appropriation Taxation Taxation Debt Services – for operations and maintenance of parking facility $149,990 $26,723 $123,267 Total appropriation $149,990 Total revenues from sources other than Taxation $26,723 Amount to be raised by taxation $123,267 Add: 1% for loss of collection 1,233 Total amount to be raised by taxation for Special Service Area Number Two purposes $124,500 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Two. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 21, 2011 VOLUME LXXVI 518 ORDINANCE T25-11 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T25-11 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Nineteen has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Nineteen in the City of Elgin” passed and effective on October 8, 2008; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Nineteen are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Nineteen, subject to taxation for the year 2011, the sum total of $56,850 for the following purposes. Estimated Receipts From Sources To Be 2012 Other Than Raised By Appropriation Taxation Taxation Debt Services – for payment of $56,850 $0 $56,287 principal and interest Total appropriation $56,850 Total revenues from sources other than Taxation $0 Amount to be raised by taxation $56,287 Add: 1% for loss of collection 563 Total amount to be raised by taxation for Special Service Area Number Nineteen purposes $56,850 VOLUME LXXVI DECEMBER 21, 2011 519 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Nineteen. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Nineteen requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-211 ADOPTED APPROVING THE FIVE-YEAR FINANCIAL PLAN 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. Resolution No. 11-211 RESOLUTION ADOPTING THE FIVE-YEAR FINANCIAL PLAN WHEREAS, the City of Elgin has conducted an extensive dialogue with the community in drafting a Five-Year Financial Plan (2012-2016); and WHEREAS, the Elgin City Council and staff engaged in a strategic planning discussions throughout 2011; and DECEMBER 21, 2011 VOLUME LXXVI 520 WHEREAS, strategic goals and policies for the community were formulated from extensive dialogue and incorporated into the 2012 Budget and 2012-2016 Financial Plan; and WHEREAS, the City Council has conducted extensive budget reviews and policy discussions throughout the months of November and December; and WHEREAS, the Proposed 2012 Budget and 2012-2016 Financial Plan have been placed on file for public review with the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Five-Year Financial Plan is hereby adopted as a policy document of the city to guide strategic planning and operations. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Adopted: December 21, 2011 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-212 ADOPTED ESTABLISHING A PROPERTY TAX REVENUE DIVERSIFICATION POLICY Councilmember Moeller made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-212 RESOLUTION ESTABLISHING A PROPERTY TAX REVENUE DIVERSIFICATION POLICY WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of 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 VOLUME LXXVI DECEMBER 21, 2011 521 WHEREAS, the City’s current revenue policies include a policy with respect to the diversification of revenues whereby the City shall endeavor to provide an appropriate amount of diversification for its general fund whereby at no point should any one revenue source comprise more than thirty-five percent (35%) of the total general fund revenues; and WHEREAS, in 2011, property taxes are estimated to comprise approximately 43.79% of the total general fund revenues; and WHEREAS, the recent recession including the declines in property values have caused significant strains on the City’s budget, which have been exacerbated by the City’s over-reliance on property tax revenues for its general fund; and WHEREAS, a survey of other communities indicates that other communities typically have a more diverse source of revenues and are less reliant on property taxes; and WHEREAS, a more diverse source of revenues for the City is necessary and desirable to provide more reliability with respect to revenues to the City and to provide more equity for the payment of taxes in the City; and WHEREAS, the diversification of revenues for the City’s general fund pertains to the government and affairs of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN THAT THE FOLLOWING PROPERTY TAX REVENUE DIVERSIFICATION POLICY IS HEREBY ESTABLISHED: A. It shall be the policy of the City of Elgin to endeavor to reduce property tax revenues as a percentage of general fund revenues commencing with the 2012 budget and associated five-year financial plan. B. To provide for the diversification of revenues for the City, the City shall endeavor to reduce the percentage of property taxes as a percent of total general fund revenues over the next five years to not more than thirty percent (30%) of general fund revenues. To provide for such diversification in revenues the City shall endeavor to adopt and implement as necessary other non-property tax revenue sources. s/ David J. Kaptain David J. Kaptain, Mayor DECEMBER 21, 2011 VOLUME LXXVI 522 Presented: December 21, 2011 Adopted: December 21, 2011 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G54-11 PASSED AMENDING CHAPTER 9.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “GARBAGE AND REFUSE” Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. G54-11 AN ORDINANCE AMENDING CHAPTER 9.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “GARBAGE AND REFUSE” WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, and to tax; and WHEREAS, the city provides through a third-party contractor for Curbside Collection Service providing for the weekly solid waste collection and disposal services at single-family properties and certain multi-family properties in the City; and WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to impose a tax or fee for such solid waste collection and disposal services to be imposed upon the owner of the properties provided such services; and WHEREAS, the provision of Curbside Collection Services for solid waste collection and disposal for certain residential properties within the City of Elgin, and a tax or fee for such services pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED by the city council of the City of Elgin, Illinois: VOLUME LXXVI DECEMBER 21, 2011 523 Section 1. That Chapter 9.24 of the Elgin Municipal Code, 1976, as amended, “Garbage and Refuse” be and is hereby further amended by adding thereto a new Section 9.24.125 thereto, entitled “Solid Waste Collection and Disposal Services Fee” to read as follows: “9.24.125: SOLID WASTE COLLECTION AND DISPOSAL SERVICES FEE: A. There is hereby established for each residential dwelling unit in the city provided Curbside Collection Service a solid waste collection and disposal services fee in the dollar amount per month of the city’s cost to provide such Curbside Collection Service. The city’s cost to provide such Curbside Collection Service shall be in the amount the city pays to the city’s solid waste collection contractor for the Curbside Collection Services, plus the city’s additional direct and indirect costs to provide such services. B. There is hereby established for each residential dwelling unit in the City provided the additional service of street rake-out leaf collection a fee in the dollar amount per month of the city’s cost to provide such additional street rake-out leaf collection service. The city’s cost to provide such additional street rake-out leaf collection service shall be the city’s additional direct and indirect costs to provide such services. C. The owner of the property provided the Curbside Collection Service and the additional street rake-out leaf collection service shall be responsible for the solid waste collection and disposal services fee and the additional street rake-out leaf collection service fee. Billing for such solid waste collection and disposal services fee and the additional street rake-out leaf collection service fee shall be included as separate line items on the water bill and shall be sent to the property owner with the water bill and shall be payable when the water bill is due. All monies paid on any water bill shall first be applied to the solid waste collection services and disposal fee and next to the additional street rake-out leaf collection fee. Any remaining money shall then be applied to the property owner’s water and sewer account on the water bill. At the owner’s request, the billing may be sent to a non-owner occupant of the property, subject to the sole discretion of the finance director, provided the customer has a favorable credit history with the city; and provided that the owner of the property shall remain jointly and severally liable for all charges. D. If the city provides Curbside Collection Service to any structure that is comprised of two or more units, but there is only one water bill sent for service provided to that structure, then the solid waste collection and disposal services fee and the additional street rake-out leaf collection fee shall be imposed for each unit located within the structure and billed on the one water bill for the property. For purposes of DECEMBER 21, 2011 VOLUME LXXVI 524 clarification and example, for a condominium property where a single water bill is issued to and paid by the condominium association, the solid waste collection and disposal services fee and the additional street rake-out leaf collection fee, if any, shall be billed for each dwelling unit within such condominium property, and billed to the condominium association on the water bill for such property. E. All bills for the solid waste collection and disposal services fee and the additional street rake-out leaf collection service fee not paid within the first twenty (20) days after the same became due and payable shall be considered delinquent accounts and subject to an additional late payment charge equal to ten percent (10%) of the unpaid bill. A past- due notice showing the amount due, including the late payment charge, shall be sent to the customer demanding payment within ten (10) days of such notice. Provided, when a solid waste collection and disposal services fee or additional street rake-out leaf collection fee becomes delinquent and there have been no prior delinquencies within the same calendar year for the property location, the above-described late payment charge will not be assessed if all arrearages are paid within ten (10) days of the past-due notice. F. The solid waste collection and disposal services fee and the additional street rake-out leaf collection service fee shall be billed and due and payable from the owner of any property for which the city makes such services available, whether or not the owner or occupants of such property actually has or puts out for disposal any solid waste or rakes out into the street leaves for collection, the above fees and charges being a service charge for the services being made available and rendered in the city.” Section 2. If any provision, clause, sentence, paragraph, section or part of this ordinance or the 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 invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in 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 ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included. Section 3. That all ordinances or parts of 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 on and after January 1, 2012, upon its passage and publication in the manner provided by law. VOLUME LXXVI DECEMBER 21, 2011 525 s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 6 Nays: 1 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G55-11 PASSED AMENDING THE CITY OF ELGIN’S HOME RULE MUNICIPAL RETAILERS’ AND SERVICE OCCUPATION TAX EXEMPTING CERTAIN FOOD, DRUGS AND MOTOR VEHICLES Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G55-11 AN ORDINANCE AMENDING THE CITY OF ELGIN’S HOME RULE MUNICIPAL RETAILERS’ AND SERVICE OCCUPATION TAX EXEMPTING CERTAIN FOOD, DRUGS AND MOTOR VEHICLES WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to tax; and WHEREAS, pursuant to Ordinance Number S7-94 the City of Elgin has previously adopted a home rule municipal retailers’ and service occupation tax exempting certain food, drugs and motor vehicles; and DECEMBER 21, 2011 VOLUME LXXVI 526 WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to amend such home rule municipal retailers’ and service occupation tax by increasing the rate thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance Number S7-94 be and is hereby amended in its entirety as hereinafter set forth in this ordinance. Section 2. That Title 4 of the Elgin Municipal Code, 1976, as amended, entitled “Revenue and Finance” be and is hereby further amended by adding a new Chapter 4.10 thereto entitled “Home Rule Municipal Retailers’ and Service Occupation Tax Exempting Certain Food, Drugs and Motor Vehicles” to read as follows: “Chapter 4.10 HOME RULE MUNICIPAL RETAILERS’ AND SERVICE OCCUPATION TAX EXEMPTING CERTAIN FOOD, DRUGS AND MOTOR VEHICLES 4.10.010: TAX IMPOSED: A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State’s government, at retail in this municipality at a rate of 1.25 percent of the gross receipts from such sales made in the course of such business while this ordinance is in effect; and a tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of service, at the rate of 1.25 percent of the selling price of all tangible personal property transferred by such servicemen as incident to a sale of service. Such “Home Rule Municipal Retailers’ Occupation Tax” and the “Home Rule Municipal Service Occupation Tax” shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. The imposition of these home rule taxes are in accordance with the provisions of 65 Illinois Compiled Statutes 5/8-11-1 and 5/8-11-5, respectively, as amended. 4.10.020: COLLECTION; ENFORCEMENT: The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this ordinance.” VOLUME LXXVI DECEMBER 21, 2011 527 Section 3. The city clerk of the City of Elgin is hereby directed to file a certified copy of this ordinance with the Illinois Department of Revenue on or before the first day of April, 2012. Section 4. This ordinance shall take effect on July 1, 2012, following the adoption and filing of this ordinance with the Department of Revenue. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G56-11 PASSED ESTABLISHING A MUNICIPAL ELECTRICITY USE TAX 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. G56-11 AN ORDINANCE ESTABLISHING A MUNICIPAL ELECTRICITY USE TAX WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to tax; and WHEREAS, 65 ILCS 5/8-11-2 provides in part that the corporate authorities of any municipality may tax the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the municipality at rates specified in such statute, calculated on a monthly basis for each purchaser; and DECEMBER 21, 2011 VOLUME LXXVI 528 WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to provide for a municipal electricity use tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 4 of the Elgin Municipal Code, 1976, as amended, entitled “Revenue and Finance” be and is hereby further amended by adding a new Chapter 4.14 thereto entitled “Municipal Electricity Use Tax” to read as follows: “Chapter 4.14 MUNICIPAL ELECTRICITY USE TAX 4.14.010: MUNICIPAL ELECTRICITY USE TAX: The tax imposed by this Chapter shall be known as the “Municipal Electricity Use Tax” and is imposed in addition to all other taxes imposed by the City, the State of Illinois or any other municipal corporation or political subdivision thereof. 4.14.020: DEFINITIONS: For the purposes of this Chapter, the following definitions shall apply: A. CITY: The City of Elgin, Illinois. B. PERSON: Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation, the state or any of its political subdivisions, any state university created by statute, or a receiver, trustee, guardian or other representative appointed by order of any court. C. PERSON MAINTAINING A PLACE OF BUSINESS IN THIS STATE: Any person having or maintaining within this State, directly or by a subsidiary or other affiliate, an office, generation facility, distribution facility, transmission facility, sales office or other place of business, or any employee, agent, or other representative operating within this State under the authority of the person or its subsidiary or other affiliate, irrespective of whether such place of business or agent or other representative is located in this State permanently or temporarily, or whether such person, subsidiary or other affiliate is licensed or qualified to do business in this State. VOLUME LXXVI DECEMBER 21, 2011 529 D. PUBLIC UTILITY: “Public Utility” shall have the meaning ascribed to it in Section 3-105 of the Public Utilities Act (220 ILCS 5/3-105) and shall include alternative retail electric suppliers as defined in Section 16-102 of that Act (220 ILCS 5/16-102). E. PURCHASE AT RETAIL: Any acquisition of electricity by a purchaser for purposes of use or consumption, and not for resale, but shall not include the use of electricity by a public utility directly in the generation, production, transmission, delivery or sale of electricity. F. PURCHASER: Any person who uses or consumes, within the corporate limits of the City, electricity acquired in a purchase at retail. G. TAX COLLECTOR: The person delivering electricity to the purchaser. 4.14.030: ELECTRICAL USE TAX KILOWATT HOUR TAX IMPOSED; AMOUNT: A. Pursuant to 65 ILCS 5/8-11-2, the City’s home rule authority, and any and all other applicable authority, a tax is imposed upon the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the City at the following rates, calculated on a monthly basis for each purchaser: 1. For the first 2,000 kilowatt-hours used or consumed in a month: 0.61 cents per kilowatt-hour; 2. For the next 48,000 kilowatt-hours used or consumed in a month: 0.40 cents per kilowatt-hour; 3. For the next 50,000 kilowatt-hours used or consumed in a month: 0.36 cents per kilowatt-hour; 4. For the next 400,000 kilowatt-hours used or consumed in a month: 0.35 cents per kilowatt-hour; 5. For the next 500,000 kilowatt-hours used or consumed in a month: 0.34 cents per kilowatt-hour; 6. For the next 2,000,000 kilowatt-hours used or consumed in a month: 0.32 cents per kilowatt-hour; DECEMBER 21, 2011 VOLUME LXXVI 530 7. For the next 2,000,000 kilowatt-hours used or consumed in a month: 0. 315 cents per kilowatt- hour; 8. For the next 5,000,000 kilowatt-hours used or consumed in a month: 0.31 cents per kilowatt-hour; 9. For the next 10,000,000 kilowatt-hours used or consumed in a month: 0.305 cents per kilowatt- hour; and 10. For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month: 0.30 cents per kilowatt-hour. B. Said tax is in addition to all taxes, fees and other revenue measures imposed by the City, the State or any other political subdivision of the State. C. Notwithstanding any other provision of this Chapter, the tax authorized by this Chapter shall not be imposed if and to the extent that the imposition or collection of the tax would violate the constitution or statutes of the United States or the constitution or statutes of the State of Illinois. D. The tax shall be imposed with respect to the use or consumption of electricity by residential customers beginning with the first bill issued on or after July 1, 2012; and with respect to the use or consumption of electricity by nonresidential customers beginning with the first bill issued to such customers for delivery services, in accordance with Section 16-104 of the Public Utilities Act (220 ILCS 5/16-104) or the first bill issued to such customers on or after July 1, 2012, whichever issuance occurs sooner. 4.14.040: COLLECTION OF TAX: A. Subject to the provisions of Section 4.14.060, Resales, of this Chapter regarding the delivery of electricity to resellers, the tax imposed under this Chapter shall be collected from purchasers by the person maintaining a place of business in this State who delivers electricity to such purchasers. This tax shall constitute a debt of the purchaser and is recoverable at the same time and in the same manner as the original charge for delivering the electricity. B. Any tax required to be collected by this Chapter, and any tax in fact collected, shall constitute a debt owed to the City by the VOLUME LXXVI DECEMBER 21, 2011 531 person delivering the electricity, provided, that the person delivering electricity shall be allowed credit for such tax related to deliveries of electricity, the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax. C. Persons delivering electricity shall collect from the purchaser by adding such tax to the gross charge for delivering the electricity. Persons delivering electricity shall also be authorized to add to such gross charge, an amount equal to 3% of the tax they collect to reimburse them for their expenses incurred in keeping records, billing customers, preparing and filing returns, remitting the tax and supplying data to the City upon request. For purposes of this Chapter, any partial payment of a billing amount not specifically identified by the purchaser shall be deemed to be for the delivery of electricity. 4.14.050: TAX REMITTANCE AND RETURN: A. Every tax collector shall on a monthly basis file a return in a form prescribed by the Finance Department. The return and accompanying remittance shall be due on or before the last day of the month following the month during which the tax is collected or is required to be collected under Section 4.14.040, Collection of Tax, of this Chapter. B. If the person delivering electricity fails to collect the tax from the purchaser or is excused from collecting the tax, under Section 4.14.040, Collection of Tax, of this Chapter, then the purchaser shall file a return in a form prescribed by the Finance Department and pay the tax directly to the Finance Department on or before the last day of the month following the month during which the electricity is used or consumed. 4.14.060: RESALES: A. Resale of Electricity. Electricity that is delivered to a person in the City shall be considered to be for use and consumption by that person unless the person receiving the electricity has an active resale number issued by the Finance Department and furnishes that number to the person who delivers the electricity, and certifies to that person that the sale is either entirely or partially nontaxable as a sale for resale. DECEMBER 21, 2011 VOLUME LXXVI 532 B. Resale Number. If a person who receives electricity in the City claims to be an authorized reseller of electricity, that person shall apply to the Finance Department for a resale number. The applicant shall state facts showing why it is not liable for the tax imposed by this Chapter on any purchases of electricity and shall furnish such additional information as the Finance Department may reasonably require. C. Approval; Assignment. Upon approval of the application the Finance Department shall assign a resale number to the applicant and shall certify the number to the applicant. D. Cancellation. The Finance Department may cancel the resale number of any person if the person fails to pay any tax payable under this Chapter for electricity used or consumed by the parties, or if the number: 1) was obtained through misrepresentation, or 2) is no longer necessary because the person has discontinued making resales. E. Collection and Remittance. 1. If a reseller has acquired electricity partly for use or consumption and partly for resale, the reseller shall pay the tax imposed by this Chapter directly to the Finance Department pursuant to Section 4.14.030A, Electrical Use Tax Kilowatt Hour Tax Imposed; Amount, by this Chapter on the amount of electricity that the reseller uses or consumes, and shall collect the tax pursuant to Section 4.14.040, Collection of Tax, of this Chapter and remit the tax on the amount of electricity delivered by the reseller to a purchaser. 2. Any person who delivers electricity to a reseller having an active resale number and complying with all other conditions of this Section shall be excused from collecting and remitting the tax on any portion of the electricity delivered to the reseller, provided that the person reports to the Finance Department the total amount of electricity delivered to the reseller, and such other information that the Finance Department may reasonably require. 4.14.070: BOOKS AND RECORDS: Every tax collector, and every taxpayer required to pay the tax imposed by this Chapter, shall keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that gave VOLUME LXXVI DECEMBER 21, 2011 533 rise, or may have given rise, to any tax liability under this Chapter. The books and records shall be subject to and available for inspection at all times during business hours of the day. 4.14.080: EXEMPTIONS: Notwithstanding any other provision of this Chapter, the tax shall not be imposed if and to the extent that imposition or collection of the tax would violate the constitution or statutes of the United States or the constitution or statutes of the State of Illinois. 4.14.090: SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this chapter or the 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 invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in 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 unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. 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: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 6 Nays: 1 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 21, 2011 VOLUME LXXVI 534 ORDINANCE G57-11 PASSED ESTABLISHING A MUNICIPAL UTILITY TAX ON GAS Councilmember Moeller made a motion, seconded by Councilmember Gilliam, 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. G57-11 AN ORDINANCE ESTABLISHING A MUNICIPAL UTILITY TAX ON GAS WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to tax; and WHEREAS, 65 ILCS 5/8-11-2 provides in part that the corporate authorities of any municipality may tax the occupation or privilege of persons engaged in the business of distributing, supplying, furnishing or selling gas for use or consumption within the corporate limits of a municipality of 500,000 or fewer population and not for resale, at a rate not to exceed five percent (5%) of the gross receipts therefrom; and WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to provide for a municipal utility tax on gas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 4 of the Elgin Municipal Code, 1976, as amended, entitled “Revenue and Finance” be and is hereby further amended by adding a new Chapter 4.18 thereto entitled “Municipal Utility Tax” to read as follows: “Chapter 4.18 MUNICIPAL UTILITY TAX 4.18.010: TAX IMPOSED: A. A tax is imposed on all persons engaged in the following occupations or privileges: persons engaged in the business of distributing, supplying, furnishing, or selling gas for use or consumption within the corporate limits of the City of Elgin, and not for resale, at the rate of five percent (5%) of the gross receipts therefrom. VOLUME LXXVI DECEMBER 21, 2011 535 B. Such tax shall be in addition to the payment of money, or value of products or services furnished to the City by the taxpayer as compensation for the use of its streets, alleys, or other public places, or installation and maintenance therein, thereon or thereunder of poles, wires, pipes or other equipment used in the operation of the taxpayer’s business. Such tax is also in addition to all taxes, fees and other revenue measures imposed by the City, state or any other political subdivision of the state. 4.18.020: EXCEPTION: No tax is imposed by this Chapter with respect to any transaction in interstate commerce or otherwise to the extent to which such business may not, under the constitution and statutes of the United States, be made subject to taxation by this State or any political subdivision thereof; nor shall any persons engaged in the business of distributing, supplying, furnishing or selling gas be subject to taxation under the provisions of this ordinance for such transactions as are or may become subject to taxation under the provisions of the “Municipal Retailers’ Occupation Tax Act” authorized by Section 8-11-1 of the Illinois Municipal Code. 4.18.030: DEFINITIONS: A. CITY: The City of Elgin, Illinois. B. “Gross receipts” means the consideration received for distributing, supplying, furnishing or selling gas or water for use or consumption and not for resale, as the case may be; and for all services rendered in connection therewith valued in money, whether received in money or otherwise, including cash, credit, services and property of every kind and material and for all services rendered therewith; and shall be determined without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service cost, or any other expenses whatsoever; provided, however that “gross receipts” shall not include any amounts specifically excluded from the definition of gross receipts in Section 8-11-2(d) of the Illinois Municipal Code. C. “Persons” means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, limited liability company, municipal corporation, the State or any of its political subdivisions, any State university created by statute, or a receiver, trustee, guardian or other representative appointed by order of any court. DECEMBER 21, 2011 VOLUME LXXVI 536 4.18.040: EFFECTIVE DATE: The tax imposed by this Chapter shall be based on the gross receipts, as herein defined, actually paid to the taxpayer for services billed on or after the 1st day of July, 2012. 4.18.050: RETURNS; PAYMENT OF TAX: A. On or before the last day of August, 2012 each taxpayer shall make a return to the City Finance Director for the month of July, 2012, stating: 1. His name; 2. His principal place of business; 3. His gross receipts during those months upon the basis of which the tax is imposed. 4. Amount of tax; 5. Such other reasonable and related information as the corporate authorities may require. B. On or before the last day of every month thereafter, each taxpayer shall make a like return to the City Finance Director for a corresponding one month period. C. The taxpayer making the return herein provided for shall, at the time of making such return, pay to the City Finance Director, the amount of tax herein imposed; provided that in connection with any return the taxpayer may, if he so elects, report and pay an amount based upon his total billings of business subject to the tax during the period for which the return is made (exclusive of any amounts previously billed) with prompt adjustments of later payments based upon any differences between such billings and the taxable gross receipts. D. If it shall appear that an amount of tax has been paid which was not due under the provisions of this Chapter, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any tax due, or to become due, under this Chapter from the taxpayer who made the erroneous payment; provided that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefore shall be so credited. E. No action to recover any amount of tax due under the provisions of this Chapter shall be commenced more than three (3) years after the due date of such amount. VOLUME LXXVI DECEMBER 21, 2011 537 4.18.060: FAILURE TO MAKE RETURN; FRAUDULENT RETURN: Any taxpayer who fails to make a return, or who makes a fraudulent return, or who willfully violates any other provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars ($200) nor more than seven hundred fifty dollars ($750) and in addition shall be liable in a civil action for the amount of tax due, plus interest and costs. 4.18.070: SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this Chapter or the 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 invalidate the remainder of this Chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in 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 unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included.” Section 2. That the city clerk of the City of Elgin is hereby directed to send a certified copy of this ordinance to each utility company affected by this ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. 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: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 6 Nays: 1 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 21, 2011 VOLUME LXXVI 538 ORDINANCE G58-11 PASSED ESTABLISHING A MUNICIPAL GAS USE TAX Councilmember Moeller made a motion, seconded by Councilmember Steffen, 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. G58-11 AN ORDINANCE ESTABLISHING A MUNICIPAL GAS USE TAX WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to tax; and WHEREAS, in furtherance of its home rule powers, the city council has determined that it is necessary and desirable for the City of Elgin to amend its ordinances regarding taxation by creating a municipal gas use tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 4 of the Elgin Municipal Code, 1976, as amended, entitled “Revenue and Finance” be and is hereby further amended by adding a new Chapter 4.19 thereto entitled “Municipal Gas Use Tax” to read as follows: “Chapter 4.19 MUNICIPAL GAS USE TAX 4.19.010: MUNICIPAL GAS USE TAX: The tax imposed by this Chapter shall be known as the “Municipal Gas Use Tax” and is imposed in addition to all other taxes imposed by the City of Elgin, the State of Illinois, or any other municipal corporation or political subdivision thereof. 4.19.020: DEFINITIONS: For the purpose of this Chapter, the following definitions shall apply: A. “City” means the City of Elgin, Illinois. VOLUME LXXVI DECEMBER 21, 2011 539 B. “Person” means any individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court. C. “Public Utility” means a public utility as defined in Section 3-105 of the Public Utilities Act. D. “Public Utilities Act” means the Public Utilities Act as amended, (220 ILCS 5/1-101 et seq.). E. “Retail Purchaser” means any Person who purchases gas in a Sale at Retail. F. “Sale at Retail” means any sale of gas by a retailer to a Person for use or consumption, and not for resale. For this purpose, the term “retailer” means any Person engaged in the business of distributing, supplying, furnishing or selling gas. 4.19.030: TAX: A. Except as otherwise provided by this Chapter, a tax is imposed on the privilege of using or consuming gas in the City that is purchased in a Sale at Retail at the rate of three (3) cents per therm. B. The ultimate incidence of and liability for payment of the tax is on the Retail Purchaser, and nothing in this Chapter shall be construed to impose a tax on the occupation of distributing, supplying, furnishing, selling or transporting gas. C. The Retail Purchaser shall pay the tax, measured by therms of gas delivered to the Retail Purchaser’s premises, to the Public Utility designated to collect the tax pursuant to Section 4.19.040 of this Chapter on or before the payment due date of the Public Utility’s bill first reflecting the tax, or directly to the City Finance Director on or before the fifteenth day of the second month following the month in which the gas is delivered to the Retail Purchaser if no Public Utility has been designated to collect the tax pursuant to Section 4.19.040 or if the gas is delivered by a person other than a Public Utility so designated. D. Nothing in this Chapter shall be construed to impose a tax upon any person, business or activity which, under the constitutions of the United States or State of Illinois, may not be made the subject of taxation by the City. DECEMBER 21, 2011 VOLUME LXXVI 540 E. A Person who purchases gas for resale and therefore does not pay the tax imposed by this Chapter with respect to the use or consumption of the gas, but who later uses or consumes part or all of the gas, shall pay the tax directly to the City Finance Director on or before the fifteenth day of the second month following the month in which the gas is used or consumed. F. The tax shall apply to gas for which the delivery to the Retail Purchaser is billed by a Public Utility on or after July 1, 2012. G. If it shall appear that an amount of tax has been paid which was not due under the provisions of this Chapter, whether as a result of mistake of fact or an error of law, then such amount shall be (i) credited against any tax due, or to become due, under this Chapter from the taxpayer who made the erroneous payment or (ii) subject to a refund if no such tax is due or to become due; provided that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefore shall be so credited or refunded. H. No action to recover any amount of tax due under the provisions of this Chapter shall be commenced more than three (3) years after the due date of such amount. I. To prevent multiple taxation, the use of gas in the City by a Retail Purchaser shall be exempt from the tax imposed by this Chapter if the gross receipts from the Sale at Retail of such gas to the Retail Purchaser are properly subject to a tax imposed upon the seller of such gas pursuant to the City’s municipal utility tax in Chapter 4.18 of this Code, as amended from time to time, authorized pursuant to Section 8-11-2 of the Illinois Municipal Code (65 ILCS 5/8-11-2). 4.19.040: COLLECTION OF TAX BY PUBLIC UTILITY: The Mayor, City Manager and the Finance Director are each authorized to enter into a contract for collection of the tax imposed by this Chapter with any Public Utility providing gas service in the City. The contract shall include and substantially conform with the following provisions: (1) the Public Utility will collect the tax from Retail Purchasers as an independent contractor; (2) the Public Utility will remit collected taxes to the City Finance Director no more often than once each month; VOLUME LXXVI DECEMBER 21, 2011 541 (3) the Public Utility will be entitled to withhold from tax collections a service fee equal to three percent (3%) of the amounts collected and timely remitted to the City Finance Director; (4) the Public Utility shall not be responsible to the City for any tax not actually collected from a Retail Purchaser; and (5) such additional terms as the parties may agree upon. 4.19.050: BOOKS AND RECORDS: Every taxpayer shall keep accurate books and records, including original source documents and books of entry, denoting the activities or transaction that gave rise, or may have given rise to any tax liability or exemption under this Chapter. All such books and records shall, at all times during business hours, be subject to and available for inspection by the City. 4.19.060: SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this Chapter or the 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 invalidate the remainder of this Chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in 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 unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. 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 DECEMBER 21, 2011 VOLUME LXXVI 542 Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 6 Nays: 1 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G59-11 PASSED ESTABLISHING AN ALCOHOLIC LIQUOR TAX Councilmember Prigge noted that during the discussion about the proposed alcoholic liquor tax the Council discussed a reduction in the annual fees for the liquor licenses. He suggested that perhaps when the fees are restructured a licensee’s good behavior could be considered to reduce the fee further. Councilmember Dunne asked about the inspection fees for establishments that do not serve food. He also stated he would like a review of activity based costing regarding inspection fees. Marc Mylott, Community Development Director, noted that there would be a review of inspection fees. Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G59-11 AN ORDINANCE ESTABLISHING AN ALCOHOLIC LIQUOR TAX WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform any function pertaining to its government affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, and to tax; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to impose a tax for the privilege of purchasing alcoholic liquor from a lawfully licensed liquor dealer; and VOLUME LXXVI DECEMBER 21, 2011 543 WHEREAS, the imposition of such an alcoholic liquor tax 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 Title 4 of the Elgin Municipal Code, 1976, entitled “Revenue and Finance” be and is hereby further amended by adding a new chapter 4.21 thereto entitled “Alcoholic Liquor Tax” to read as follows: “Chapter 4.21 ALCOHOLIC LIQUOR TAX “4.21.010: ALCOHOLIC LIQUOR TAX: This chapter shall be known and cited as the “Elgin Alcoholic Liquor Tax Ordinance”. The tax imposed in this chapter shall be known and cited as the “Elgin Alcoholic Liquor Tax”. 4.21.020: DEFINITIONS: For the purposes of this chapter whenever any of the following words, terms or phrases are used, they shall have the meaning ascribed to them in this section. A. Alcoholic liquor is defined in the same manner as the term is defined in section 6.06.010 of this code. B. Liquor establishment means any premises required to obtain a retail liquor license pursuant to chapter 6.06 of this code. C. Owner means any person having a sufficient proprietary interest in conducting the operation of a restaurant or liquor establishment so as to entitle such a person to all or a portion of the net receipts thereof. D. Person means any natural person, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust, estate, firm, co-partnership, joint venture, club, company, business trust, domestic or foreign corporation, association, syndicate, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise; whenever the term "person" is used in any clause prescribing and imposing a penalty, the term as applied to associations means the owners or part-owners thereof, and as applied to corporations, the officers thereof. DECEMBER 21, 2011 VOLUME LXXVI 544 4.21.030: IMPOSITION OF TAX: A. There is levied and imposed upon the privilege of purchasing alcoholic liquor served or prepared at a liquor establishment in the City, a tax of three percent (3%) of the purchase price, exclusive of any other tax imposed on such alcoholic liquor. B. There is levied and imposed upon the privilege of purchasing alcoholic liquor in original packages only for consumption off the premises at retail at any liquor establishment in the City, a tax of three percent (3%) of the purchase price, exclusive of any other tax imposed on such alcoholic liquor at retail. 4.21.040: LIABILITY FOR PAYMENT: A. The ultimate incidence of and liability for payment of the tax imposed by this chapter shall be borne by the person who seeks the privilege of purchasing alcoholic liquor served at such liquor establishment or the privilege of purchasing alcoholic liquor at retail at any liquor establishment, such person hereinafter referred to as "consumer." B. The tax levied in this chapter shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner, manager or operator of every liquor establishment to collect the tax from the consumer and pay the tax to the City under the rules and regulations prescribed by the City Manager and as otherwise provided in this chapter. 4.21.050: COLLECTION: Every person required to collect the tax levied by this chapter shall collect the tax from the consumer at the time he collects payment for the service of alcoholic liquor or the sale of alcoholic liquor at retail. The amount due under the tax imposed in this chapter shall be stated separately on the invoice receipt or other statement or memorandum of the payment given to the consumer at the time of payment. 4.21.060: NOTICES: Any notice or other written communication from the City regarding the tax imposed by this chapter shall be sent to the owner at the address provided in the liquor license application form. 4.21.070: RULES AND REGULATIONS: The City Manager of the City may promulgate rules and regulations not inconsistent with the provisions of this chapter concerning the enforcement and application of this chapter. The term "rules and regulations" includes, but is not limited to, a case-by-case determination whether or not the tax imposed by this chapter applies. VOLUME LXXVI DECEMBER 21, 2011 545 4.21.080: FILING OF RETURN; PAYMENT OF TAX: The owner of each liquor establishment within the City shall file tax returns showing tax receipts received during each monthly period on forms prescribed by the Finance Director. The returns shall be due on or before the last day of the calendar month next succeeding the end of the monthly filing period. At the time of filing such returns, the owner shall pay to the City all taxes due for the period to which the tax return applies, less a commission of one percent (1%) of the amount of the tax, which is allowed to reimburse the owner for the expenses incurred in keeping records, billing, preparing and filing returns, remitting the tax and supplying data to the City upon request. No commission may be claimed by an owner for taxes not timely remitted to the City. 4.21.090: LATE PAYMENT AND/OR FILING; FAILURE TO PAY AND/OR FILE: A. If for any reason a tax imposed under this chapter is not paid when due, a penalty of five percent (5%) on the amount of tax which remains unpaid shall be added and collected. Whenever any person shall fail to pay any tax as provided in this chapter, the Corporation Counsel upon the request of the Finance Director shall bring or cause to be brought an action to enforce the payment of the tax on behalf of the City in any court of competent jurisdiction. B. If no return is filed or tax paid before the Finance Director issues a notice of tax liability under section 4.21.150, a penalty of twenty-five percent (25%) of the full amount of tax claimed due shall be added thereto. If a penalty is assessed under this subsection, no penalty shall be assessed under subsection A. 4.21.100: INTEREST: Interest shall accrue on any late payment, underpayment or nonpayment of tax at the rate of one percent (1.00%) added per month to the amount of tax unpaid and uncollected. 4.21.110: RECORDS: A. Every owner, manager or operator of a liquor establishment in the City shall keep books and records for a period of at least forty-eight (48) months, unless otherwise authorized by the City, which at a minimum shall include a daily sheet showing: 1. The amount of taxable receipts within the twenty-four-hour period; 2. The actual liquor establishment tax receipts collected for the date in question. B. The Finance Director or his/her designee shall at all reasonable times have full access to such books and records. C. To the fullest extent permitted by law, the financial records of any liquor DECEMBER 21, 2011 VOLUME LXXVI 546 establishment submitted pursuant to this chapter or any rule and regulation promulgated thereunder shall not be available for public inspection in order to protect the owners' right to privacy. 4.21.120: EXEMPTIONS: The tax imposed under this chapter shall not apply to or be imposed upon any federal, state or local governmental bodies. 4.21.130: SUSPENSION OR REVOCATION OF LICENSES FOR FAILURE TO PAY TAX; HEARING: If the Liquor Commission or other City official responsible for the issuance of a city license, permit or other approval, including, but not limited to, a liquor license, after hearing held by or for him, shall find that any person has willfully evaded payment or collection and remittance of the tax imposed by this chapter, he may suspend or revoke such city license, permit or other approval held by such tax evader. The person shall have an opportunity to be heard at such hearing to be held not less than seven (7) days after notice is given to him of the time and place of the hearing to be held, addressed to him at his last known place of business. Pending said notice, hearing and finding, any license, permit or other approval issued by the City to the person may be temporarily suspended. No suspension or revocation hereunder shall release or discharge said person from his civil liability for the payment or collection and remittance of the tax, nor from prosecution for such offense. Notwithstanding the foregoing, any suspension or revocation of a liquor license shall follow the procedures set forth in, and otherwise comply with, the provisions of chapter 6.06 of this code. 4.21.140: DISPOSITION OF PROCEEDS: All proceeds resulting from the imposition of the tax under this chapter, including penalties, shall be paid into the treasury of the City, and shall be credited to and deposited in the general fund of the City. 4.21.150: NOTICE OF TAX LIABILITY; DEMAND FOR PAYMENT OF TAX; SUIT: A. In the event any person fails to file a return when and as herein required, or if it shall appear to the Finance Director that the amount of any tax payment is incorrect in that it does not include all taxes payable for such calendar period, or if the Finance Director shall find that the collection of any taxes which have accrued but are not yet due will be jeopardized by delay, and declares said taxes to be immediately due and payable, or if it shall appear to the Finance Director that he or she had made any final assessment which did not include taxes payable for the periods involved, or if it appears to the Finance Director that any person has, by reason of any act or omission or by operation of any law, become liable for any taxes, interest or penalties not originally incurred by him, the Finance Director VOLUME LXXVI DECEMBER 21, 2011 547 may in any of the above events determine and assess the amount of such taxes or deficiency, as the case may be, together with the interest and penalties due and unpaid. Any such determination and assessment shall be made by the Finance Director upon his or her best judgment and information, and it shall be permissible for the Finance Director to show a figure that represents the tax due for any given six (6) months instead of showing the amount of tax due for each month separately. The Finance Director shall immediately serve notice of tax liability upon such person and make a demand for payment of the tax together with interest and penalties thereon. If the person incurring any such liability has died, such demand may at the discretion of the Finance Director be made against his personal representative. Such determination and assessment by the Finance Director shall be final at the expiration of forty-five (45) days from date of the service of such written notice thereof and demand for payment, unless such person shall have filed with the Finance Director a written petition pursuant to section 4.21.160, specifying its objections thereto. B. The Finance Director may amend his or her determination and assessment at any time before it becomes final. In the event of such amendment the person affected shall be given notice and an opportunity to be heard in connection therewith. C. Whenever any person shall fail to pay any tax herein provided, the Corporation Counsel shall, upon the request of the Finance Director, bring or cause to be brought, an action to enforce the payment of the tax on behalf of the City in any court of competent jurisdiction. Such action shall be in addition to any other remedy afforded the City under this chapter or under any other law, including a prosecution for violation of this chapter. 4.21.160: HEARINGS: A. Any person issued a notice of tax liability pursuant to section 4.21.150, or otherwise aggrieved by any determination of the Finance Director made pursuant to this chapter, shall have the right to seek a redetermination by the Finance Director, subject to the provisions stated herein below. B. Any person seeking a redetermination by the Finance Director shall file a written petition for redetermination within forty-five (45) days after receipt of the applicable notice. The petition must be received by the Finance Director or in the Finance Department prior to the expiration of the forty-five (45)-day period, or on the first date the Finance Department is open for business after such date if closed on such date. Mailing such petition on such date shall be insufficient. If the petition is not filed within this time period, then the determination of the Finance Director shall become final and not subject to further review, and the Finance Director may proceed with enforcement as provided under this chapter. DECEMBER 21, 2011 VOLUME LXXVI 548 C. The petition shall state the reason or reasons why the determination by the Finance Director is incorrect or invalid, as the case may be, and state the relief sought from the Finance Director. Upon receipt of the petition, the Finance Director shall promptly set a time and date for a hearing on the petition and shall notify the petitioner of the same not less than fourteen (14) days prior to the date set for hearing. A hearing date may be continued by the Finance Director for any reason provided for in this chapter, or for other good cause. All such hearings shall be held in the City Hall, if feasible. D. At such hearing, the Finance Director shall give the petitioner an opportunity to be personally heard and present whatever information or witnesses as he considers pertinent and relevant to the issue. Upon conclusion of such hearing, and after consideration of any information presented by the petitioner and such other information as may be available to the Finance Director, a decision shall be made by the Finance Director either cancelling, increasing, modifying, or affirming such determination, and notice of such decision shall be given in writing to the petitioner. Such notice shall contain a statement by the Finance Director of the cost of the certification of the record computed at the rate of five cents ($0.05) per one hundred (100) words, which cost shall be charged to the petitioner if the determination or assessment is affirmed. The record shall consist of the notices and demands caused to be served by the Finance Director, the original determination and/or assessment of the Finance Director, the written petition for redetermination, the information and exhibits introduced at such hearing or certified copies thereof, the decisions of the Finance Director and such other documents filed in the proceeding. E. The decision of the Finance Director reached at the conclusion of such hearing shall be final, and the Finance Director may enforce such decision in the manner provided for under this chapter or such other manner as may be available by law. 4.21.170: FAILURE TO MAKE RETURN; FRAUDULENT RETURN: Any person required to make a return pursuant to this Chapter who fails to make a return, or who makes a fraudulent return, or who willfully violates any other provision of this ordinance is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars ($200) no more than seven hundred fifty dollars ($750) and in addition shall be liable in a civil action for the amount of tax due, plus interest, penalties and costs. Such remedies shall be in addition to any other remedies available to the City including, but not limited to, the suspension or revocation of any city license, permit or other approval. 4.21.180: PREPARATION; SERVICE OF CITATIONS: The Finance Director and his designees are deemed peace officers for the purposes of this chapter and may prepare and serve citations personally or by certified mail for violations of this chapter. VOLUME LXXVI DECEMBER 21, 2011 549 4.21.180: SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this chapter or the 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 invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in 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 unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of such conflict. Section 3. That this ordinance shall be in full force and effect on and after July 1, 2012, upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G60-11 PASSED ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 21, 2011 VOLUME LXXVI 550 Ordinance No. G60-11 AN ORDINANCE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the fees, charges and rates for 2012 as set forth in the User Fees Exhibit from the adopted 2012 Budget 2012-2016 Financial Plan, attached hereto as Exhibit 1, be and the same are hereby established for the various city services, permits, licenses, use of facilities and other matters as set forth in such attached User Fees Exhibit. Section 2. If any provision, clause, sentence, paragraph, section or part of this ordinance including the user fees exhibit attached hereto, or the 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 invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in 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 ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof had not been included. Section 3. That all ordinances or parts of 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 from and after January 1, 2012. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI DECEMBER 21, 2011 551 ORDINANCE G61-11 PASSED PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, THE QUESTION WHETHER THE CITY SHOULD HAVE THE AUTHORITY UNDER 20 ILCS 3855/1-92 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH PROGRAM Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G61-11 AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, THE QUESTION WHETHER THE CITY SHOULD HAVE THE AUTHORITY UNDER 20 ILCS 3855/1-92 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH PROGRAM WHEREAS, on January 1, 2010, the Illinois Power Agency Act, Chapter 20, Illinois Compiled Statutes, Act 3855, was amended to include Section 1-92 entitled Aggregation of Electrical Load by Municipalities and Counties (hereinafter referred to as the “Act”); and WHEREAS, under the Act if the City of Elgin (“City”) seeks to operate the aggregation program under the Act as an opt-out program for residential and small commercial retail customers, then prior to an adoption of an ordinance to establish a program, the City must first submit a referendum to its residents to determine whether or not the aggregation program shall operate as an opt-out program for residential and small commercial retail customers. If the majority of the electors voting on the question vote in the affirmative, then the city council may implement an opt-out aggregation program for residential and small commercial retail customers; and WHEREAS, the city council of the City hereby finds that it is in the best interest of the City of Elgin to operate the aggregation program under the Act as an opt-out program and to submit the question to the electors in a referendum pursuant to the Act. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, as follows: DECEMBER 21, 2011 VOLUME LXXVI 552 Section 1. The city council of the City of Elgin finds that the recitals set forth above are true and correct and incorporates the recitals into and as part of this ordinance. Section 2. The city council finds and determines that it is in the best interests of the City of Elgin to operate the aggregation program under the Act as an opt-out program. Section 3. The city clerk of the City of Elgin is directed to immediately certify and submit the following question to all appropriate election authorities to be placed on the ballot for the general election to be held on March 20, 2012, in the following form: Shall the City of Elgin have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who have not opted out of such program? YES NO Section 4. In the event such question is approved by a majority of the electors voting on the question at the regular election on March 20, 2012, the City Council may implement an opt-out aggregation program for residential and small commercial retail customers and if the City Council adopts the program the City shall comply with all the terms and provisions of the Act. Section 5. That this ordinance shall be in full force and effect upon its passage and approval in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI DECEMBER 21, 2011 553 PETITION 25-09 APPROVED REQUESTING A MAP AMENDMENT FROM RC3 RESIDENCE CONSERVATION DISTRICT AND CF COMMUNITY FACILITY DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A TEMPLE AND RESIDENCE; PROPERTY LOCATED AT 779 DIXON AVENUE BY SIRIDHAMMARAM TEMPLE OF ILLINOIS, AS APPLICANTS AND OWNERS Marc Mylott, Community Development Director, provided a brief overview for the project being presented. Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to approve Petition 25-09 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Mayor Kaptain. Nays: None. Abstain: Councilmember Steffen. PETITION 26-11 APPROVED REQUESTING AN AMENDMENT TO THE PCF PLANNED COMMUNITY FACILITY DISTRICT, ORDINANCE NUMBER G48-10 TO ALLOW SPECIAL REGULATIONS FOR ADDITIONAL STREET GRAPHICS WITHIN AN ESTABLISHED AREA OF SPECIAL CHARACTER; PROPERTY LOCATED AT 1700 SPARTAN DRIVE; BY COMMUNITY COLLEGE DISTRICT #509 AS APPLICANT, AND OWNER Marc Mylott, Community Development Director, provided a brief overview for the project being presented. Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 26-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: None. Abstain: Councilmember Prigge. PETITION 29-11 APPROVED REQUESTING AN AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT, PROPERTY LOCATED AT 2410 TO 2420 ALFT LANE, 1640 TO 1670 CAPITAL STREET, AND 2445 WESTFIELD DRIVE; BY CARLSON PARTNERS, LTD., AS APPLICANTS, ATTORNEY AND AGENT FOR OWNER, AND IPC-ELGIN, LLC AS OWNERS Marc Mylott, Community Development Director, provided a brief overview for the project being presented. Councilmember Dunne made a motion, seconded by Councilmember Moeller, to approve Petition 29-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 21, 2011 VOLUME LXXVI 554 CONSENT AGENDA By unanimous consent, to pass Ordinance Nos. G50-11 through G53-11 and adopt Resolution Nos. 11-205 through 11-212 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 11-205 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-205 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. WHEREAS, DSM Desotech, Inc., a Delaware corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM Desotech, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Adopted: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI DECEMBER 21, 2011 555 RESOLUTION 11-206 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-206 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS WHEREAS, Illinois Tool Works, an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with Illinois Tool Works for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Adopted: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 21, 2011 VOLUME LXXVI 556 RESOLUTION 11-207 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-207 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES WHEREAS, St. Charles Street Properties, an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Adopted: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI DECEMBER 21, 2011 557 RESOLUTION 11-208 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS IN WEST POINT GARDENS PHASE 1 SUBDIVISION Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-208 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS IN WEST POINT GARDENS PHASE 1 SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts, subject to the terms of the acceptance agreement for Phase 1, for ownership and maintenance in West Point Gardens Phase 1 Subdivision the following public improvements: approximately 12,404 lineal feet of 8-inch water main; 498 lineal feet of 12-inch water main; 624 lineal feet of 16-inch water main; 3,625 lineal feet of 20-inch water main; thirty eight, 8-inch valves in 4-foot vaults; two, 12-inch valves in 5-foot vaults; four, 16- inch valves in 6-foot vaults; eight, 20-inch valves in 6-foot vaults; 51 fire hydrants; 8,881 lineal feet of 8-inch sanitary sewer; 2,227 lineal feet of 15-inch sanitary sewer; 1,134 lineal feet of 18- inch sanitary sewer; 59 sanitary manholes; 9,440 lineal feet of 12-inch storm sewer; 701 lineal feet of 15-inch storm sewer; 1,871 lineal feet of 18-inch storm sewer; 49 lineal feet of 21-inch storm sewer; 1,423 lineal feet of 24-inch storm sewer; 395 lineal feet of 27-inch storm sewer; 498 lineal feet of 30-inch storm sewer; 1,549 lineal feet of 36-inch storm sewer; 69 lineal feet of 42-inch storm sewer; 151 catch basins; 94 storm manholes; 42 street lights; 46 street signs; 14,403 lineal feet of improved street (including curb and gutter on both sides of the street) and all their respective appurtenances Notwithstanding the foregoing, and for the purposes of clarification, improvements not being accepted at this time include parks, detention facilities, bike paths, sidewalks or required parkway improvements, including trees, mulch, back dirt and sod. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Adopted: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 21, 2011 VOLUME LXXVI 558 RESOLUTION 11-209 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SHERMAN HEALTH FOR MEDICAL EXAMINATIONS AND OTHER RELATED MEDICAL SERVICES FOR THE FIRE DEPARTMENT Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-209 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SHERMAN HEALTH FOR MEDICAL EXAMINATIONS AND OTHER RELATED MEDICAL SERVICES FOR THE FIRE DEPARTMENT 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 Sherman Health, for medical examinations and other related medical services for the fire department, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Adopted: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-210 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO MASTER PREMIER LEASE AGREEMENT WITH KONICA MINOLTA PREMIER FINANCE Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVI DECEMBER 21, 2011 559 Resolution No. 11-210 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO MASTER PREMIER LEASE AGREEMENT WITH KONICA MINOLTA PREMIER FINANCE 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 a First Amendment Agreement to Master Premier Lease Agreement on behalf of the City of Elgin with Konica Minolta Premier Finance for the leasing of various equipment, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Adopted: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G50-11 PASSED AMENDING THE “INTERNATIONAL BUILDING CODE 2006” TO PROVIDE FOR THE TERMINATION OF UTILITIES AT THE MAIN AND THE PROVISION OF DIRECTIONAL SIGNAGE DURING CONSTRUCTION Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G50-11 AN ORDINANCE AMENDING THE “INTERNATIONAL BUILDING CODE 2006” TO PROVIDE FOR THE TERMINATION OF UTILITIES AT THE MAIN AND THE PROVISION OF DIRECTIONAL SIGNAGE DURING CONSTRUCTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.04 entitled “Building Code” of the Elgin Municipal Code, 1976, as amended, be and is hereby amended as follows: DECEMBER 21, 2011 VOLUME LXXVI 560 Chapter 16.04 BUILDING CODE Section 3303.6 Utility connections, shall be amended to read as follows: “All utilities, including sewer and water, shall be terminated in accordance with the City of Elgin Utility Disconnection/Termination Policy and at the main, unless otherwise approved by the Public Works Director in writing.” Section 3307.1 Protection required, shall be amended to read as follows: “Adjoining public and private property shall be protected from damage during construction, remodeling and demolition work. Protection must be provided for footings, foundations, party walls, chimneys, skylights and roofs. Provisions shall be made to control water runoff and erosion during construction or demolition activities in accordance with Title 21 of the Elgin Municipal Code. Erosion control measures shall remain in place until such time that the associated grounds are stabilized. The person making or causing an excavation to be made shall provide written notice to the owners of adjoining buildings advising them that the excavation is to be made and that the adjoining buildings should be protected. Said notification shall be delivered not less than 10 days prior to the scheduled starting date of the excavation. Directional signage shall be provided in number, size, location, and content approved by the building official when deemed necessary by the building official to protect the general public from construction, remodeling, or demolition work or to provide advance notification to the general public of changes to pedestrian or vehicular traffic patterns required to provide same protection.” 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 immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI DECEMBER 21, 2011 561 ORDINANCE G51-11 PASSED AMENDING TITLE 17 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED “DEVELOPMENT IMPACT FEES” Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G51-11 AN ORDINANCE AMENDING TITLE 17 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED “DEVELOPMENT IMPACT FEES” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 17.04.050 of the Elgin Municipal Code, 1976, as amended, entitled “Water System” be and is hereby further amended by amending subparagraph B thereof to read as follows: “B. General Provisions: The water system capital connection fee is in addition to meter charges and service lateral fees. The water system capital connection fee shall be assessed at the time of initial domestic water service or when an increase in the size of a domestic water service is requested. An applicant for domestic water service or an increase in the size of domestic water service must declare the size of the proposed water service. An additional water system capital connection fee shall be assessed for any separate or segregated service for fire service in the amount of Thirteen Hundred Dollars ($1,300).” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. 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 DECEMBER 21, 2011 VOLUME LXXVI 562 Presented: December 21, 2011 Passed: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G52-11 PASSED AMENDING TITLE 4 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED “REVENUE AND FINANCE” Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G52-11 AN ORDINANCE AMENDING TITLE 4 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED “REVENUE AND FINANCE” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 4.12 of the Elgin Municipal Code, 1976, as amended, entitled “Retailers’ Occupation Tax” be and is hereby repealed. Section 2. That Chapter 4.16 of the Elgin Municipal Code, 1976, as amended, entitled “Service Occupation Tax” be and is hereby repealed. Section 3. 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 VOLUME LXXVI DECEMBER 21, 2011 563 Presented: December 21, 2011 Passed: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G53-11 PASSED AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G41-06 (1425 NORTH RANDALL ROAD-SHERMAN HOSPITAL MEDICAL CAMPUS) Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G53-11 AN ORDINANCE AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G41-06 (1425 North Randall Road-Sherman Hospital Medical Campus) WHEREAS, the property described below was zoned PCF Planned Community Facility District pursuant to Ordinance No. G41-06; and WHEREAS, written application has been made to amend certain provisions of Ordinance No. 41-06 by amending the Sherman Hospital Graphics Program at 1425 North Randall Road; and WHEREAS, after due notice in the manner provided by law, the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: DECEMBER 21, 2011 VOLUME LXXVI 564 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 7, 2011, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G41-06 entitled “An Ordinance Reclassifying Certain Property at 1425 North Randall Road,” passed May 24, 2006, be and is hereby amended only as set forth in this ordinance as follows: A. That Section 3 K. of Ordinance No. G41-06 entitled “Street Graphics” is hereby amended to read as follows: “In this PCF District, street graphics shall be in substantial conformance with the Sherman Hospital Graphics Program (Sheets G1.000 – G1.002), prepared by SBRA and Carol Naughton and Associates, dated January 27, 2006; and shall be subject to the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended. In addition thereto, two free-standing signs may be established on the subject property along the Randall Road frontage subject to the following terms and conditions: 1. Substantial conformance to the Statement of Purpose and Conformance and attachments, prepared by Sign Productions, Inc., dated received October 4, 2011, and to the Program for Graphics Standards Affirmation, prepared by Sign Productions, Inc., dated received October 19, 2011. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Sherman Hospital Graphics Elevation Sheets (File Name 25011-01-4, dated 7/21/10 and dated received September 13, 2011 and File Name 21592-01A6, dated 06/30/09 and dated received October 04, 2011.) 3. Substantial conformance to the Sherman Hospital Site Plan showing sign distances and setbacks along Randall Road, prepared and submitted by Sign Productions, Inc., dated received October 4, 2011. 4. Substantial conformance to the Sherman Hospital Exterior Site Plan (Sheet G1.000), prepared by SBRA, dated October 22, 2008, and dated received September 13, 2011. 5. Substantial conformance to the Sherman Hospital Ornamental Plan, prepared by SBRA and Hitchcock Design Group, dated October 12, 2007 and dated received October 16, 2009. The area of the landscape material of each monument sign shall not be less than 2.5 times the surface area of the sign. 6. Only one additional freestanding monument sign shall be permitted per each additional principal building added along the frontage of the property at 1425 North Randall Road as mitigation for the requested departures from the requirements of the graphic ordinance. 7. Unused sign pads shall be removed. 8. Compliance with all other applicable codes and ordinances. VOLUME LXXVI DECEMBER 21, 2011 565 Section 3. That except as specifically amended herein Ordinance G41-06 shall remain in full force and effect. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 21, 2011 Passed: December 21, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2011 Published: December 22, 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, Steffen, and Mayor Kaptain. Nays: None. 1. Minutes for Various Boards and Commissions a. Bicycle & Pedestrian Advisory Committee Minutes 2011 b. Planning and Development Commission November 7, 2011 c. Zoning and Subdivision Hearing Board August 3, 2011 d. Committee of the Whole Minutes November 16, 2011 e. Committee of the Whole Minutes Special Meeting November 11 and 19, 2011 f. City Council Minutes for November 16, 2011 2. Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. DECEMBER 21, 2011 VOLUME LXXVI 566 ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 9:47 p.m. s/ Kimberly Dewis January 11, 2012 Kimberly Dewis, City Clerk Date Approved