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HomeMy WebLinkAboutq - September 12, 2012 CC416 SEPTEMBER 12, 2012 VOLUME LXXVII 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 September 12, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:14 p.m. The Invocation was given by Dale Jaacks from God's Oasis, a moment of silence was observed in honor of Christopher and Alyssa Ludovice, and the Pledge of Allegiance was led by Councilmember Anna Moeller. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 22, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to approve the August 22, 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Mayor Kaptain read and presented the following proclamations: Bennie Sowers Proclamation WHEREAS, Bennie Sowers was appointed to the Planning and Development Commission in 2004; and WHEREAS, Ms. Sowers has faithfully served the citizens of Elgin and volunteered eight years of continuous outstanding service. NOW, THEREFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois on behalf of the citizens of our community sincerely extend our gratitude to an extraordinary public servant and citizen in recognition of her years of distinguished service. VOLUME LXXVII SEPTEMBER 12, 2012 417 IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this12th day of September, 2012. s/ David J. Kaptain Mayor Jack Roder Proclamation WHEREAS, Jack Roder was appointed to the Zoning and Development Commission in 2001; and WHEREAS, Mr. Roder has faithfully served the citizens of Elgin and volunteered eleven years of continuous outstanding service. NOW, THEREFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois on behalf of the citizens of our community sincerely extend our gratitude to an extraordinary public servant and citizen in recognition of his years of distinguished service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 12th day of September, 2012. s/ David J. Kaptain Mayor Dan Weiler Proclamation WHEREAS, Dan Weiler served on the Zoning and Subdivision Hearing Board from 2002 until April 2011; and WHEREAS, Mr. Weiler has faithfully served the citizens of Elgin and volunteered nine years of continuous outstanding service. NOW, THEREFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois on behalf of the citizens of our community sincerely extend our gratitude to an extraordinary public servant and citizen in recognition of his years of distinguished service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 12th day of September, 2012. s/ David J. Kaptain Mayor SEPTEMBER 12, 2012 VOLUME LXXVII 418 RECOGNIZE PERSONS PRESENT Elinor Richoz commented on the approval of the grant for Senior Services, the recent senior fall luncheon held at Lord’s Park, and the September 11th ceremony. Terry Gavin expressed his concerns about payments to Bocajump that were authorized by the city manager. Danise Habun expressed her thanks and appreciation to everyone involved in the first International Fest. Councilmember Prigge suggested that if the event is held next year to have flyers and other publicity materials be available in more languages. Ken Nocolai informed the public of recent change to the Salvation Army’s Golden Diners program. The program will be using space in the Hemmens Cultural Center. The current waiting list will be eliminated by October 1st with this change.. Sigi Psimenos, representing the Elgin Area League of Women Voters, strongly expressed her concerns regarding special event permitting. She specifically related her experiences when obtaining a permit for the Community Carnival Fundraiser held August 23-26, 2012. Chuck Keysor asked that during the upcoming budget discussion information be presented in a format similar to one he found in documents that were submitted to the bond rating agency by the city. Anthony Nance invited the public to attend the upcoming candidate’s forum sponsored by the Elgin Octave being held on September 25th at 7:00 p.m. located at the Elgin Township office. BID 12-026B AWARDED TO OSMAN CONSTRUCTION FOR RENOVATIONS AT THE EAST SIDE RECREATION CENTER Rich Hoke, Building Maintenance Superintendent, provided further information to Councilmember Prigge regarding the floating dock related to this project. Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve a contract with Osman Construction for renovation work at the East Side Recreation Center in the amount of $2,024,701 to provide remodeling and HVAC replacement in relation to the Park and Recreation Facility Construction grant. Upon a roll call vote: Yeas: Councilmembers Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne and Councilmember Prigge. VOLUME LXXVII SEPTEMBER 12, 2012 419 BID 12-043A AWARDED TO COPENHAVER CONSTRUCTION, INC. FOR LORD STREET CSO PHASE I PROJECT Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to award the contract for the Lord Street CSO Green Infrastructure Phase I Project to Copenhaver Construction, Inc. in the amount of $127,100 to construct six bio‐retention basins (rain gardens) in the Southwest Area Neighborhood under the Illinois Green Infrastructure Grant Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID12-050 AWARDED TO ALL SERVICE CONTRACTING CORPORATION FOR GAC FILTER MEDIA REMOVAL AND REPLACEMENT ($206,274) Councilmember Moeller made a motion, seconded by Councilmember Powell, to award the GAC filter media removal and replacement bid to All Service Contracting Corporation in the amount of $206,274 to enhance the city’s water treatment by exchanging the granular activated carbon and replacing the filter under drain system in Filter No. 2. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 11-12 APPROVED FOR MAP AMENDMENT TO A PLANNED DEVELOPMENT ORDINANCE FOR HIGH POINT PLAZA SHOPPING CENTER AT 1350 EAST CHICAGO STREET Marc Mylott, Community Development Director, provided an overview of the petition and noted that the Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the materials. Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve Petition 11-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-139 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC FOR THE EASTSIDE RECREATION CENTER RENOVATION PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne and Councilmember Prigge. SEPTEMBER 12, 2012 VOLUME LXXVII 420 Resolution No. 12-139 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH F. H. PASCHEN, S. N. NIELSEN & ASSOCIATES, LLC FOR THE EASTSIDE RECREATION CENTER RENOVATION PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with F. H. Paschen, S. N. Nielsen & Associates, LLC for the Eastside Recreation Center Renovation Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. NOW, THEREFORE, 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 Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 12, 2012 Adopted: September 12, 2012 Vote: Yeas: 5 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-140 ADOPTED RATIFYING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH AMERICAN SOUTHERN INSURANCE COMPANY REGARDING THE PRINCETON WEST SUBDIVISION PERFORMANCE BONDS (TOWNHOMES PHASES 1, 2, AND 3) Councilmember Moeller 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 LXXVII SEPTEMBER 12, 2012 421 Resolution No. 12-140 RESOLUTION RATIFYING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH AMERICAN SOUTHERN INSURANCE COMPANY REGARDING THE PRINCETON WEST SUBDIVISION PERFORMANCE BONDS (Townhomes Phases 1, 2, and 3) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Settlement Agreement with American Southern Insurance Company by David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, regarding the Princeton West Subdivision performance bonds relating to Townhomes Phases 1, 2, and 3, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 12, 2012 Adopted: September 12, 2012 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-141 ADOPTED RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH AMERICAN SOUTHERN INSURANCE COMPANY AND MARC KRESMERY CONSTRUCTION, L.L.C. REGARDING PRINCETON WEST SUBDIVISION TOWNHOMES PHASE 3 Councilmember Moeller 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. SEPTEMBER 12, 2012 VOLUME LXXVII 422 Resolution No. 12-141 RESOLUTION RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH AMERICAN SOUTHERN INSURANCE COMPANY AND MARC KRESMERY CONSTRUCTION, L.L.C. REGARDING PRINCETON WEST SUBDIVISION TOWNHOMES PHASE 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Contract Completion Agreement with American Southern Insurance Company and Marc Kresmery Construction, L.L.C. by David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, regarding Princeton West Subdivision, Townhomes Phase 3, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 12, 2012 Adopted: September 12, 2012 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to pass Ordinance No. G52-12 and adopt Resolution Nos. 12-136 through 12-138 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-136 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION FOR GRANT WRITING SERVICES Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII SEPTEMBER 12, 2012 423 Resolution No. 12-136 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION FOR GRANT WRITING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement with TranSystems Corporation on behalf of the City of Elgin for grant writing services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 12, 2012 Adopted: September 12, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-137 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR VNA SUBDIVISION (801 VILLA STREET) Councilmember Moeller made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. SEPTEMBER 12, 2012 VOLUME LXXVII 424 Resolution No. 12-137 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR VNA SUBDIVISION (801 Villa Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Intech Consultants, Inc. dated February 24, 2012, and last revised August 13, 2012, for VNA Subdivision. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 12, 2012 Adopted: September 12, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-138 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Moeller made a motion, seconded by Councilmember Gilliam, 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. 12-138 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Gary Masterson and David Segel be and are hereby reappointed as members of the Sustainability Commission for a terms that expire on June 1, 2015. VOLUME LXXVII SEPTEMBER 12, 2012 425 BE IT FURTHER RESOLVED that Dorothea Poulos, and Cynthia Applehoff-Siedsma be and are hereby appointed as members of the Board of Health for terms that expire on May 1, 2014. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 12, 2012 Adopted: September 12, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G52-12 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF AN INDIVIDUAL AND FAMILY SOCIAL SERVICES FACILITY IN THE AB AREA BUSINESS DISTRICT (1140 NORTH MCLEAN BOULEVARD) 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. G52-12 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF AN INDIVIDUAL AND FAMILY SOCIAL SERVICES FACILITY IN THE AB AREA BUSINESS DISTRICT (1140 North McLean Boulevard) WHEREAS, written application has been made granting a conditional use to permit the establishment of an individual and family social services facility in the AB Area Business District at 1140 North McLean Boulevard; and WHEREAS, the Planning & Zoning Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning & Zoning Commission. SEPTEMBER 12, 2012 VOLUME LXXVII 426 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact , dated August 6, 2012, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of an individual and family social services facility in the AB Area Business District at 1140 North McLean Boulevard and legally described as follows: That part of the Southwest Quarter of fractional Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the center line of North McLean Boulevard (formerly Sleepy Hollow Road) with the North right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, also being the South right of way line of Big Timber Road; thence Westerly, along said North right of way line and along said South right of way line, a distance of 250.00 feet; thence Northerly, parallel with said center line of North McLean Boulevard, a distance of 500.00 feet for the point of beginning; thence Easterly, parallel with said North right of way line of the railroad, a distance of 250.00 feet to said center line of North McLean Boulevard; thence Northerly, along said center line, a distance of 123.48 feet to a point that is 623.48 feet Northerly of (as measured along said center line of North McLean Boulevard) the point of commencement, said point hereinafter referred to as Point A; thence continuing Northerly, along the last described course, a distance of 151.52 feet; thence Westerly, parallel with said North right of way line of the railroad, a distance of 637.15 feet to a point that is 10.00 feet Westerly of, measured perpendicular to the center line of an existing Railroad Spur Track (as existed on August 26, 1985); thence Southerly parallel with said Railroad Spur Track, a distance of 3.00 feet; thence Easterly parallel with said North right of way line of the railroad, a distance of 209.60 feet; thence Southerly perpendicular to the last described course, a distance of 271.97 feet to a line drawn Westerly, parallel with said North right of way line of the railroad from the point of beginning; thence Easterly along said parallel line, a distance of 181.88 feet to the point of beginning; (excepting therefrom that portion described as follows: Commencing at aforesaid Point A; thence Westerly parallel with said North right of way line of the railroad, a distance of 40.01 feet to the Westerly right of way line of North McLean Boulevard for the point of beginning of exception; thence continuing Westerly on the last described course, a distance of 148.02 feet; thence Northerly parallel with said centerline of North McLean Boulevard, a distance of 113.01 feet; thence Easterly parallel with said North right of way line of the railroad, a distance of 148.02 feet to the said Westerly right of way line of North McLean Boulevard; thence Southerly along said Westerly right of way line, being parallel with said center line of North McLean Boulevard, a distance of 113.01 feet to the point of beginning of exception), being situated in the City of Elgin, VOLUME LXXVII SEPTEMBER 12, 2012 427 Kane County, Illinois. (Property Commonly Known as 1140 North McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance/Rider and Attachments, submitted by attorney Peter Bazos, Attorney at Law, dated received July 11, 2012. 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 Alta Survey, dated received July 11, 2012. 3. The individual and family social services facility is restricted to the tenant spaces within Unit F, lower and upper floors, located at 1140 North McLean Boulevard, except that this grant of conditional use permits, without need for amendment to this conditional use, future relocation and/or expansion within the building such that the total floor area of the use does not exceed 12,500 square feet. 4. Substantial conformance to the floor plans (sheets 1 and 2), prepared by JDM Associates Architects/Planners, and dated February 22, 2012. 5. Substantial conformance to the tenant location map, dated August 13, 2012. 6. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 7. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That 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 SEPTEMBER 12, 2012 VOLUME LXXVII 428 Presented: September 12, 2012 Passed: September 12, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 12, 2012 Published: September 13, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Moeller, 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. Emergency Telephone System Board July 19, 2012 Heritage Commission Design Review Subcommittee May 22, June 12, July 10, 2012 Human Relations Commission May 1, June 5, and July 3, 2012 Planning and Zoning Commission May7, 2012 and July 2, 2012 Committee of the Whole Minutes for August 8, 2012 City Council Minutes for August 8, 2012 Telecommunications Tax Sales Tax Local Sales Tax State Income Tax State Use Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Collective Bargaining Issues or Deliberations Concerning Salary Schedules for One or More Classes of Employees - Exempt Under Section 120/2(c)(2) of the Open Meetings Act VOLUME LXXVII SEPTEMBER 12, 2012 429 Pending, Probable Or Imminent Litigation (Exempt Under Section 120/2(C)(11) Of The Open Meetings Act) The meeting adjourned at 7:55 p.m. s/ Kimberly Dewis September 26, 2012 Kimberly Dewis, City Clerk Date Approved