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HomeMy WebLinkAboutc - February 13, 2013 CC50 FEBRUARY 13, 2013 VOLUME LXXVIII 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 February 13, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Jay Curtis from Fox Valley Christian Action and the Pledge of Allegiance was led by Elinor Richoz. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JANUARY 23, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve the January 23, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Bill Freiberg commented on the Grand Victoria’s presentation and the ongoing process and discussions surrounding video gaming. He invited the casino to become a member of the Elgin Video Gaming Committee. Jim McGrath thanked the council for their consideration of video gaming. Mike Flannigan thanked the Grand Victoria for all they do in the community. He also thanked the council for considering video gaming. Edwin Frank urged the council to support the Elgin Symphony Orchestra. He felt it is a wonderful asset to the city. Chuck Keysor expressed his concerns over budget information that appeared in a recent city newsletter. There was discussion regarding the accuracy of Mr. Keysor’s budget comments. It was suggested that he sit down with the City Manager to discuss his concerns. VOLUME LXXVIII FEBRUARY 13, 2013 51 APPROVED JOB ORDER CONTRACTING F. H. PASCHEN, S. N. NIELSEN & ASSOCIATES LLC TO REPAIR THE LEAKING STEAM ROOMS AT THE CENTRE Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve the job order contract with F. H. Paschen, S. N. Nielsen & Associates LLC in the amount of $81,808 to repair the leaking steam rooms at The Centre. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. APPROVED JOB ORDER CONTRACTING F. H. PASCHEN, S. N. NIELSEN & ASSOCIATES LLC TO REPAIR DRAINAGE SYSTEM AT THE ELGIN PUBLIC MUSEUM Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to approve contract with F. H. Paschen, S. N. Nielsen & Associates LLC in the amount of $28,919 to repair drainage system at the Elgin Public Museum. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. APPROVED JOB ORDER CONTRACTING F. H. PASCHEN, S. N. NIELSEN & ASSOCIATES LLC TO MAKE AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AT THE SPORTS COMPLEX Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve contract with F. H. Paschen, S. N. Nielsen & Associates LLC in the amount of $120,616 to make Americans with Disabilities Act improvements to the building at the Sports Complex. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 24-12 APPROVED TO PERMIT THE INSTALLATION OF A HISTORICAL WINDMILL WITHOUT A PRINCIPAL STRUCTURE (101 NORTH STATE STREET) Marc Mylott, Community Development Director, provided an overview of the project that was being proposed by the Historical Society. He noted that staff and the Planning and Zoning Commission recommended approval subject to the outlined conditions. There was a brief discussion regarding safety including measures to discourage people from trying to climb the structure. Councilmember Dunne made a motion, seconded by Councilmember Moeller, to approve Petition 24-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 13, 2013 VOLUME LXXVIII 52 PETITION 47-12 APPROVED TO ADD PAYDAY LOAN/CASH FOR GOLD TO THE LISTING OF PROHIBITED LAND USE WITHIN AN ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT Marc Mylott, Community Development Director, provided an overview of the petition. Councilmember Gilliam made a motion, seconded by Councilmember Powell, to approve Petition 47-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-21 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE WATER AND SEWER RATE STUDIES PROJECT Councilmember Moeller made a motion, seconded by Councilmember Dunne, to remove the item from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Gilliam made a motion, seconded by Councilmember Moeller, 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. 13-21 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE WATER AND SEWER RATE STUDIES PROJECT 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 agreement with Strand Associates, Inc. on behalf of the City of Elgin for engineering services in connection with the Water and Sewer Rate Studies Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVIII FEBRUARY 13, 2013 53 Presented: February 13, 2013 Adopted: February 13, 2013 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-22 ADOPTED APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS 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, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 13-22 RESOLUTION APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS WHEREAS, the Cultural Arts Commission Grant Program has been established to provide financial assistance for arts programming; and WHEREAS, in 2013 applications have been made for thirteen projects under the Cultural Arts Commission Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance be provided under the Cultural Arts Commission Grant Program to the following organizations: The following projects are recommended for funding by the Cultural Arts Commission: Organization Event Amount Ballet Folklorico September Dance Performance $ 4,628 Children’s Theatre of Elgin iSing-June Concert/Performance $ 6,611 Elgin Historical Museum Wendell Moselay Art Exhibit $ 1,771 Elgin Children’s Chorus Symphony of Song Concert $ 4,533 Elgin Choral Union Carmina Burana Concert $ 3,772 Elgin OPERA Savior Flaire Concert $ 3,137 FEBRUARY 13, 2013 VOLUME LXXVIII 54 Elgin Theatre Company Theatrical Production $ 2,689 Elgin Youth Symphony Rainbow Body Concert $ 6,564 Hamilton Wings SCORE! Musical Performance $ 6,942 Heartland Voices Celebrate America Concert $ 8,075 Independent Players Two Theatrical Productions $ 2,828 Janus Theatre Summer Rep Theater Festival $ 8,128 Total $59,678 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Adopted: February 13, 2013 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G12-13 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROVIDE FOR A NEW CHAPTER REGARDING TREE PRESERVATION There was a discussion regarding the provisions allowing for the removal of trees and the penalties associated with the ordinance. 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. VOLUME LXXVIII FEBRUARY 13, 2013 55 Ordinance No. G12-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROVIDE FOR A NEW CHAPTER REGARDING TREE PRESERVATION WHEREAS, the City of Elgin has been recognized for its forested environment, which environment is an essential part of the character of the City; and WHEREAS, the presence of trees in the City improves air quality, conserves energy, provides wildlife habitat, reduces soil erosion, enhances storm water detention and drainage, and preserves and enhances property values in the City and its environs; and WHEREAS, the preservation and protection of trees, both on private as well as publicly owned lands, positively affects both the quality of life and the general welfare of the City; and WHEREAS, the protection and preservation of mature trees in the City is important in defining the character of the City; and WHEREAS, the City Council of the City of Elgin has reviewed the proposed tree preservation regulations for the City and finds that the proposed regulations will benefit the public health, safety, and welfare; WHEREAS, the City Council has determined that it is in the best interests of the City and the public to amend the Elgin Municipal Code, 1976, as amended, to provide for tree preservation, as set forth in this Ordinance; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the preservation of trees as provided for in this Ordinance which will benefit the public health, safety and welfare of the City of Elgin pertains to the government and affairs of the City of Elgin; and WHEREAS, the Planning and Zoning Commission has held a public hearing on the proposed amendment to the city’s zoning ordinance to provide for a tree preservation ordinance and has submitted its written findings of fact and recommendation to the City Council recommending adoption of the ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin as follows: Section 1. Recitals. The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. FEBRUARY 13, 2013 VOLUME LXXVIII 56 Section 2. Adoption. That Title 19 of the Elgin Municipal Code, 1976, as amended, entitled “Zoning,” be and is hereby further amended adding a new Chapter 19.16 thereto entitled "Tree Preservation" to read as follows: "TREE PRESERVATION 19.16.010: PURPOSE: The preservation, protection, and replacement of trees under the chapter is intended to accomplish the following benefits: A. Protect and enhance the quality of life and the general welfare of the City and its residents, and conserve and enhance the City’s physical and aesthetic environment, by (i) reducing energy consumption through summer shade and protection from winter wind, (ii) providing a buffer and screen against noise, light, and pollution, and (iii) reducing air pollution through the removal of harmful carbon dioxide and the generation of oxygen; B. Protect and increase property values in a manner that maintains each property owner’s enjoyment of his or her property; C. Recognize and maintain the historic significance and natural heritage of the City; D. Protect and enhance the natural environment by providing habitat and food that are essential for wildlife, including migratory and nesting birds, and to sustain them and the many benefits they provide, including control of disease-carrying insects; E. Stabilize topsoil by preventing or minimizing soil erosion and sedimentation; F. Restore, to the greatest extent possible, the denuded soil that results from construction and grading work accompanying development; G. Assist in controlling storm water runoff; H. Protect existing healthy trees during the course of construction and development; I. Protect the important link in the hydrologic cycle that trees provide to the transpiring of water and the neutralization of waste that pass through to the groundwater table and other aquifers. 19.16.020: DEFINITIONS: For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words used in the present tense include the future or past tense, and words in the singular include the plural. Words not defined in this Section shall have their usual and customary meaning. VOLUME LXXVIII FEBRUARY 13, 2013 57 Building Activity Area. That buildable area of a lot or parcel in which construction and building activities occur, which shall be the smallest practical area of a lot or parcel to be determined with the objective of preserving trees. Certified Arborist. An individual who is trained in the art and science of planting, caring for and maintaining individual trees and is certified by the International Society of Arboriculture (ISA), the National Arborist Association (NAA) or the American Society of Consulting Arborists (ASCA). For the purposes of this ordinance, the certified arborist would be the choice of the City of Elgin, whose services would be paid for by the party responsible for the project. Condition Rating. Rating system used to determine the health and overall condition of a tree on a 6-point scale, with a rating of 1 being the best and 6 the worst. Construction Activity. All new planned developments and subdivisions in the City of Elgin or any manmade change to improved or unimproved property including, but not limited to, the construction, addition, alteration, or replacement of buildings or structures, excavation, fill, grading, paving, underground irrigation, or utility work on a property. Critical Root Zone (CRZ). The area of the ground near or beneath a tree having its point of beginning at the center of the trunk of the tree, and having a radius equal to one foot of radius for every one inch of tree DBH. Crown. Parts of a tree above the trunk including leaves, branches and scaffolds. Damage. Any direct or indirect action that causes, or is reasonably likely to cause, the death or substantial destruction of a tree or a significant loss of a tree’s structural integrity including, without limitation, destruction, poisoning, carving, mutilating, girdling, severing the main trunk, leader, or large branches or roots, removing any portion of the bark from the main trunk, leader, or large branches, touching with live wires, attach any object or structure, crushing or exposing the roots, digging or drilling any hole or trench within the root zone, filling with soil or other materials within the root zone, compacting a substantial portion of the soil in the root zone, or moving a tree to another location. Without limitation of the foregoing, “damage” does not include the pruning of trees in accordance with national pruning standards. Diameter Breast Height (DBH). The diameter of a tree measured at 4½ feet above the grade existing at the base of a tree. Diseased Tree. Any of the following types of trees: (i) trees of any species or variety infected with dutch elm disease or oak wilt, as determined by laboratory analysis or by any other reliable means; (ii) trees or parts thereof of elm or zelkova, or of any other species, in a dead or dying condition that may serve as breeding places for the European elm bark beetle, dutch elm disease, or oak wilt; (iii) trees of any species or variety infected with, or that may serve as breeding places for, the Asian long horned beetle or the Asian cerambycid beetle (anoplophora glabripennis); (iv) trees or parts thereof of ash infected with, or that may serve as breeding places for, the Emerald ash borer (agrilus planipennis fairmaire); or (v) trees harboring other diseases or infestations that create a condition that is otherwise unsafe and a hazard to the urban forest. FEBRUARY 13, 2013 VOLUME LXXVIII 58 Impact. Any act that causes, or is reasonably likely to cause, the loss in value or loss in aesthetic value of a tree. Without limitation of the foregoing, “impact” does not include the pruning of trees in accordance with national pruning standards. Lot. Any lot of record in the City, or any lot as defined in the City zoning regulations; National Pruning Standards. The standards adopted by the American National Standards Institute, ANSI A300 (Part 1)-2001 Pruning, as such standards may be amended from time to time. Person. Any public or private individual, group, company, firm, corporation, partnership, association, society, entity, or any other combination of human beings, whether legal or natural, including, without limitation, public utilities, but not the City or its employees or officials acting in their official capacity. Protective Root Zone (PRZ): The area of the ground near or beneath a tree having its center point at the center of the trunk of the tree, and having a radius equal to one foot of radius for every one inch of tree DBH. Removal. The physical detachment or elimination of a tree, or the effective detachment or elimination of a tree, through damage or other direct or indirect action resulting in, or likely to result in, the death of the tree. Without limitation of the foregoing, remove or removal does not include the pruning of trees in accordance with national pruning standards. Tree. A woody, self-supporting perennial plant usually with one trunk, or a multi-stemmed trunk system, and having a crown. Tree Banking. A program that allows a monetary donation for the planting of trees within the City. Tree Caliper. A unit of measurement for diameter, taken six (6) inches above the ground for trees having a caliper of up to and including four inches, and taken twelve (12) inches above the ground for trees having a caliper larger than four inches. Tree Protection Devices. Barriers, fences, other devices and techniques reasonably required to protect the tree preservation area from intrusion by construction vehicles and equipment, materials and spoils. Tree Preservation Area. That area of a lot or parcel of land within which all trees shall be protected as designated on a tree preservation plan. Tree Preservation Plan. A written plan having text and/or graphic illustrations indicating the methods that are to be used to preserve existing trees during construction including the information and submittals described in Section 19.16.060 hereof. VOLUME LXXVIII FEBRUARY 13, 2013 59 Tree Removal Permit. The required written permit issued in order to remove any tree within the corporate limits of the City. Tree survey. A graphic display indicating location, size, species and condition of all trees with a DBH of two (2) inches or greater for trees in Groups A and B, and a DBH of six (6) inches or greater for Groups C and D. 19.16.030: EXCEPTIONS: A. The following properties and/or entities shall be exempt from the tree preservation requirements of this chapter: 1. Single family residentially zoned lots that are less in area than two (2) acres on which a residence has been constructed and occupied. 2. Commercial nurseries or orchards. 3. Properties for which a development plan was approved prior to February 13, 2013, pursuant to the terms of an annexation agreement, a planned development ordinance or other development agreement or ordinance, as long as the development activity is in compliance with said approved plans. The exception provided for in this subsection shall expire for a property upon the expiration of the annexation agreement or other development agreement or the expiration of the time frame for a development in a planned development ordinance or other applicable ordinance. 4. Parkway trees within a public right of way. 5. Property owned by the City of Elgin, State of Illinois, the United States government, public school districts, public forest preserve districts, counties, townships, Elgin Community College or public utility companies. B. It is the policy of the City of Elgin to attempt to follow the spirit and intent of this chapter, as it would apply to its own property, where practical. 19.16.040 TREE REMOVAL PERMIT REQUIRED; FEE: It shall be unlawful for any person to cut down, destroy, remove or move, or effectively destroy through damaging, or authorize the cutting down, destroying, removing, moving or damaging of any tree, unless exempted under Section 19.16.030 of this chapter, without first obtaining a tree removal permit. Applications for a tree removal permit shall be submitted to the Development Administrator. The fee for such permit shall be covered by the cost of building permit or zoning petition fee. FEBRUARY 13, 2013 VOLUME LXXVIII 60 A. Tree removal permits shall be issued for the following reasons: 1. The tree is dead or dying; 2. The tree is diseased; 3. The tree is damaged or injured to the extent that it is likely to die or become diseased, or that constitutes a hazard to persons or property; or 4. Removal of the tree is consistent with good forestry practices. B. In the event a tree removal permit is sought in connection with work for which no building permit or zoning petition or approval is required, there shall be no charge for such permit. The application for such permit shall contain: 1. Name and address of applicant; 2. Name, address, telephone number, facsimile number and email address of contractor or other person responsible for tree removal; 3. Tree survey indicating the tree(s) to be removed, including species, size and condition; 4. The reasons for removal of any tree(s); and 5. A letter of credit equaling the cost of replacement of the trees that are to be removed. C. When a tree removal permit is sought in connection with construction activity requiring a building permit, the application shall be accompanied by a tree preservation plan. 19.16.050 REMOVAL AND REPLACEMENT STANDARDS: A. The replacement of trees is based on the condition rating and species group (listed below) as identified by a certified arborist. The species group is comprised of the trees found in the "Species Ratings and Appraisal Factors for Illinois," prepared by the Illinois Arborist Association. If a species identified on a property is not found within the following listing, it is the responsibility of the City and a certified arborist to assign the tree to an appropriate species group utilizing the species rating guide based on the publication “Species Ratings and Appraisal Factors for Illinois” by the Illinois Arborist Association, 1994, as amended. The amount of inches of tree caliper to be replaced is a percentage, based on group and condition rating, of the total amount of inches of DBH being removed. Only trees with condition ratings of one, two or three are required to be replaced. Replacement trees shall be chosen from species Groups A and B. A property owner may propose replacement trees which are not listed in the tree list in subparagraph C hereof. Such alternative replacement trees must be approved by the City and a certified VOLUME LXXVIII FEBRUARY 13, 2013 61 Arborist and must qualify for classification in species group A or B utilizing the species ratings guide based upon the publication “Species Ratings and Appraisal Factors for Illinois” by the Illinois Arborist Association, 1994, as amended. B. Condition Rating Rating Description General Criteria 1 Excellent The tree is typical of the species, has less than 10% deadwood in the crown that is attributable to normal cause, has no other observed problems, and requires no remedial action. 2 Good to Fair The tree is typical of the species and/or has less than 20% deadwood in the crown, only one or two minor problems that are easily corrected with normal care. 3 Fair The tree is not typical of the species and/or has less than 30% deadwood in the crown, one or two minor problems that are not eminently lethal to the tree, and no significant decay or structural problems, but the tree must have remedial care above normal care in order to minimize the impact of future stress and to ensure continued health. 4 Fair to Poor The tree is typical of the species and/or has significant problems such as 30-50% deadwood in the crown, serious decay or structural defect, insects, disease or other problems that can be eminently lethal to the tree or create a hazardous tree if not corrected in a short period of time or if the tree is subjected to additional stress. 5 Poor The tree is not typical of the species and/or has over 50% deadwood in the crown, major decay or structural problems, is hazardous or is severely involved with insects, disease, or other problems, that even if aggressively corrected, would not result in the likely survival of the tree. 6 Dead Less than 10% of the tree shows signs of life. FEBRUARY 13, 2013 VOLUME LXXVIII 62 C. Tree List Common Name Botanical Name Cultivar Tree Type Species Group Native to IL Hardiness Zone Arborvitae, Eastern (also Eastern White-cedar) Thuja occidentalis “Emerald”, “Nigra”, “Pyramidalis” “Wintergreen” Evergreen A No 3 to 7 Ash, Blue Fraxinus quadrangulata “Newport” Shade Tree D Yes 4 to 7 Ash, European Fraxinus excelsior “Aurea”, “Hessei” Shade Tree D No 5 to 7 Ash, Green Fraxinus pennsylvanica “Honeyshade”, “Marshall Seedless”, “Patmore”, “Summit” Shade Tree D Yes 3 to 9 Ash, Mountain Sorbus americana Ornamental/ Small Tree D Yes 2 to 5 Ash, White Fraxinus americana “Autumn Applause”, “Autumn Purple”, “Champaign County”, “Chicago Regal”, “Elk Grove”, “Rosehill”, “Royal Purple”, “Skyline”, “Windy City” Shade Tree D Yes 4 to 9 Baldcypress Taxodium distichum Shade Tree A Yes 4 to 11 Beech, American Fagus grandifolia Shade Tree B Yes 4 to 9 Beech, European Fagus sylvatica All cultivars Shade Tree B No 4 to 7 Birch, Paper Betula papyrifera “Chickadee”, “Snowy” Shade Tree D Yes 2 to 7 Birch, River Betula nigra Ornamental/ Small B Yes 3 to 9 Boxelder Acer negundo “Auratum”,“Flamingo”,“Kelly's Gold”,“Violaceum” Shade Tree D Yes 3 to 9 Buckeye, Ohio Aesculus glabra Shade Tree B Yes 4 to 7 Catalpa Catalpa speciosa Shade Tree D Yes 4 to 8 VOLUME LXXVIII FEBRUARY 13, 2013 63 Cedar, Eastern Red Juniperus virginiana “Canaertii”, “Taylor” Evergreen B Yes 3 to 9 Cherry, Black Prunus serotina “White Sparkle” Shade Tree C Yes 3 to 9 Cherry, Japanese Flowering “Amanogawa”, “Kwanzan”, “Royal Burgundy”, “Shirofugen”, “Shirotae”, “Shogetsu” Ornamental/ Small Tree D No 5 to 7 Chokeberry, Amur Prunus maackii “Amber Beauty” Shade Tree B No 3 to 6 Coffeetree, Kentucky (male only) Gymnocladus dioica Shade Tree A Yes 3 to 8 Coffeetree, Kentucky, (female only) Gymnocladus dioicus “Prairie Titan” Shade Tree B Yes 3 to 8 Cottonwood (female, only) Populus deltoides Shade Tree D Yes 3 to 9 Cottonwood (male only) Populus deltoides “Siouxland” Shade Tree C Yes 3 to 9 Crabapple, Flowering Malus spp. Ornamental/ Small Tree A Yes 4 to 7 Crabapple, Flowering Malus spp. Ornamental/ Small Tree B Yes 4 to 7 Dogwood, Pagoda Cornus alternifolia Ornamental/ Small Tree B Yes 3 to 7 Douglasfir Pseudotsuga menziesii Evergreen A Yes 3 to 6 Elm, American Ulmus americana “Delaware #2”, “Jefferson”, “Princeton”, “Valley Forge” Shade Tree D Yes 3 to 9 Elm, Chinese Ulmus parvifolia “Dynasty”, “Frosty” Shade Tree B No 4 to 9 Elm, hybrid Ulmus hybrids “Accolade”, “Homestead”, “Jacan”, “Pioneer”, “Regal”, “Sapporo Autumn Gold” Shade Tree B No 4 to 9 Elm, Red (Slippery) Ulmus rubra Shade Tree D Yes 3 to 9 FEBRUARY 13, 2013 VOLUME LXXVIII 64 Elm, Rock Ulmus thomasii Shade Tree D Yes 3 to 7 Elm, Siberian Ulmus pumila “Chinkota”, “Coolshade”, “Dropmore”, “Lincoln”, “Morton Plainsman”, “New Horizon”, “Pendula”, “Urban” Shade Tree D No 4 to 9 Filbert, Turkish Corylus colurna Shade Tree A No 4 to 7 Ginkgo, male only Ginkgo biloba “Autumn Gold”, “Fairmount”, “Fastigiata”, “Lakeview”, “Princeton Sentry” Shade Tree B No 4 to 8 Hackberry, Common Celtis occidentalis Shade Tree A Yes 3 to 9 Hawthorn, Cockspur Crataegus crus- galli var. inermis Ornamental/ Small Tree A Yes 4 to 6 Hawthorn, Downy Crataegus mollis Ornamental/ Small Tree C Yes 3 to 6 Hawthorn, English Crataegus laevigata “Crimson Cloud”, “Paul's Scarlet”, “Snowbird” “Toba” Ornamental/ Small Tree D No 4 to 7 Hawthorn, Washington Crataegus phaenopyrum Ornamental/ Small Tree B No 4 to 8 Hickory, Shagbark Carya Ovata Shade Tree B Yes 4 to 8 Honeylocust, Common Gleditsia triacanthos Shade Tree D Yes 4 to 9 Honeylocust, Thornless Gleditsia triacanthos f. inermis “Green Glory”, “Imperial”, “Majestic”, “Shademaster”, “Skyline” Shade Tree A Yes 4 to 9 Hornbeam, American (Blue Beech) Carpinus caroliniana Ornamental/ Small Tree B Yes 3 to 9 Horsechestnut, Common Aesculus hippocastanum “Baumannii” Shade Tree B No 4 to 7 Lilac, Japanese Tree Syringa reticulate “Ivory Silk” Ornamental/ Small Tree B No 3 to 7 VOLUME LXXVIII FEBRUARY 13, 2013 65 Lilac, Peking Syringa pekinensis Ornamental/ Small Tree B No 4 to 7 Linden, American (Basswood) Tilia americana “Fastigiata”, “Redmond” Shade Tree B Yes 3 to 8 Linden, Littleleaf Tilia cordata “Greenspire”, “June Bride” Shade Tree B No 3 to 7 Linden, Redmond Tilia euchlora “Redmond” Shade Tree A No 3 to 7 Locust, Black Robinia pseudoacacia “Frisia”, “Idaho”, “Purple Robe”, “Pyramidalis”, “Semperflorens” Shade Tree D Yes 4 to 8 Magnolia, Saucer Magnolia x soulangiana Ornamental/ Small Tree B No 4 to 9 Magnolia, Star Magnolia stellata “Centennial”, “Rosea”, “Royal Star”, Waterlily” Ornamental/ Small Tree B No 4 to 9 Maple, Amur Acer tataricum subsp. Ginnala “Compactum”, “Durand Dwarf”, “Flame”, “Red Fruit” Ornamental/ Small Tree B No 3 to 8 Maple, Black Acer nigrum “Greencolumn” Shade Tree A Yes 4 to 8 Maple, Hedge Acer campestre “Marimo”, “Queen Elizabeth” Ornamental/ Small Tree B No 4 to 8 Maple, Norway Acer plantanoides “Crimson King”, “Columnare”, “Deborah”, “Drummondii”, “Emerald Lustre”, “Erectum”, “Green Lace”, “Royal Red”, “Schwedleri” Shade Tree B No 4 to 7 Maple, Red Acer rubrum “Armstrong”, “Autumn Flame”, “Columnare”, “Red Sunset”, “October Glory” Shade Tree B Yes 3 to 9 Maple, Silver Acer saccharinum “Beebe”, “Laciniatum”, “Silver Cloud”, “Silver Queen”, “Skinner” Shade Tree C Yes 3 to 9 Maple, Sugar Acer saccharum “Green Mountain”, “Legacy”, “Sweet Shadow”, “Wright Brothers” Shade Tree A Yes 4 to 8 FEBRUARY 13, 2013 VOLUME LXXVIII 66 Mulberry, Red (female only) Morus alba Shade Tree D Yes 5 to 9 Mulberry, Red (male only) Morus rubra Shade Tree C Yes 5 to 9 Mulberry, White (female only) Morus rubra Shade Tree D Yes 4 to 9 Mulberry, White (male only) Morus alba “Fruitless”, “Mapleleaf” Shade Tree C Yes 4 to 9 Oak, Bur Quercus macrocarpa Shade Tree A Yes 3 to 8 Oak, Chestnut Quercus prinus Shade Tree B Yes 4 to 8 Oak, Chinquapin Quercus muehlenbergii Shade Tree A Yes 4 to 7 Oak, English Quercus robur “Autopurpurea”, “Concordia”, “Filicifolia”, “Michround”, “Pendula”, “Pyramich”, “Skyrocket”, “Variegata” Shade Tree B No 4 to 8 Oak, Hill’s Quercus ellipsoidalis Shade Tree B No 4 to 6 Oak, Pin Quercus palustris “Crownright”, “Green Pillar”, “Sovereign” Shade Tree B Yes 4 to 8 Oak, Red Quercus rubra Shade Tree B Yes 3 to 7 Oak, Swamp White Quercus bicolor Shade Tree A Yes 4 to 8 Oak, White Quercus alba Shade Tree A Yes 3 to 9 Olive, Russian Elaeagnus angustifolia Ornamental/ Small Tree D No 2 to 7 Pear, Flowering Pyrus calleryana “Chanticleer”, “Red Spire”, “Whitehouse” Shade Tree A No 5 to 9 Pine, Austrian Pinus Nigra Evergreen C No 3 to 7 Pine, Eastern White Pinus strobus “Contorta”, “Fastigiata”, “Pendula” Evergreen B Yes 3 to 7 Pine, Red Pinus resinosa Evergreen C Yes 2 to 5 VOLUME LXXVIII FEBRUARY 13, 2013 67 Pine, Scots Pinus sylvestris “Aurea”, “Beauvronensis”, “Fastigiata” Evergreen D No 3 to 7 Planetree, London Platanus x acerifolia “Bloodgood”, “Columbia”, “Liberty”, “Metzam”, “Yarwood” Shade Tree B No 4 to 8 Poplar, Black Lombardy Populus nigra ‘Italica’ “Majestic”, “Thevestin” Shade Tree D No 3 to 9 Poplar, White Populus alba “Pyramidalis” Shade Tree D No 3 to 8 Redbud, Eastern Cercis canadensis “Flame”, “Wither’s Pink Charm” Ornamental/ Small Tree B Yes 4 to 9 Redwood, Dawn Metasequoia glyptostroboides Shade Tree C No 4 to 8 Serviceberry, Allegheny Amalanchier Laevis Ornamental/ Small Tree B Yes 4 to 9 Serviceberry, Apple Amalanchier x grandiflora “Autumn Brilliance”, “Ballerina”, “Princess Diana”, “Robin Hill”, “Strata” Ornamental/ Small Tree B Yes 4 to 9 Serviceberry, Downy Amalanchier arborea Ornamental/ Small Tree B Yes 4 to 9 Serviceberry, Saskatoon Amalanchier alnifolia Ornamental/ Small Tree B Yes 4 to 9 Spruce, Colorado Blue Picea pungens Evergreen B No 3 to 8 Spruce, Norway Picea abies Evergreen B No 3 to 7 Spruce, White Picea glauca Evergreen B Yes 2 to 6 Sweetgum Liquidambar styriciflua “Grazam”, “Moraine”, “Variegata” Shade Tree C Yes 5 to 9 Sycamore Platanus occidentlais Shade Tree C Yes 4 to 9 Tree of Heaven Ailanthus altissima Shade Tree D No 4 to 8 Tulip Tree Liriodendron tulipifera “Aureomarginatum” Shade Tree B Yes 4 to 9 Walnut, Black Juglans nigra “Laciniata” Shade Tree C Yes 4 to 9 Willow, Corkscrew Salix matsudana ‘Toruosa’ Shade Tree D No 5 to 8 FEBRUARY 13, 2013 VOLUME LXXVIII 68 Willow, Weeping Salix alba “f. argentea”, “Britzensis”, “Tristis” Shade Tree D No 2 to 8 Zelkova Zelcova serrata “Goshiki”, “Green Vase”, “Halka”, “Spring Grove” “Village Green” Shade Tree D No 4 to 8 D. Replacement Ratios. Except as hereinafter provided, within twelve (12) months after removal of each tree by a property owner pursuant to a tree removal permit, the owner or successor owner shall replace the removed tree pursuant to the following table. The minimum size of tree that warrants replacement for Groups A and B must have a DBH of two (2) inches or greater, and six (6) inches or greater for Groups C and D. Species Group Percentage of DBH to replace A 50 B 30 C 10 D 5 E. Guaranty of replacement. At the time of replacement of the tree(s), the owner shall provide to the City a copy of a written guaranty from the vendor of the tree(s) to the owner that the tree(s) will be replaced if the tree(s) dies or becomes diseased within one (1) year after the installation of the tree(s). The owner shall provide for reasonable maintenance of a replacement tree(s) including necessary watering thereof until such time as the tree is self sustaining. An owner shall replace a replacement tree planted pursuant to the requirements of this chapter if such a replacement tree dies or becomes diseased within one year after the installation of the tree. F. No replacement required for dead or dying trees. Except as provided in a preceding Subsection E hereof, the owner is encouraged but not required to replace any tree in the event the tree is diseased and cannot be treated, dead or dying from natural causes, or in the event the tree is damaged or injured by natural causes where it is likely to die or become diseased. The owner shall not be required to replace any tree in the event that a certified arborist determines that removal of the tree is consistent with good forestry practices or if its removal will enhance the health of the remaining trees within the immediate vicinity. VOLUME LXXVIII FEBRUARY 13, 2013 69 G. Tree Banking. Where, due to the scope of development, such that there is insufficient space in the lot to allow for the planting of all replacement trees, or replacement at the required rate would otherwise be inconsistent with current standards generally observed by professionals in the forestry, landscaping and landscape architecture professions, including by way of example prairie restoration projects involving the removal of invasive trees, tree banking can be used. In such instance, the city shall charge a fee in lieu of some or all of the replacement tress otherwise required under this chapter. The fee to be charged in lieu of replacing any tree shall be equal to Two Hundred Dollars ($200.00) per DBH inch. The proceeds of any fees collected under this section shall be used for the planting of trees on public parkways or other public properties in the city. Where consistent with good forestry practices, the fees collected for a particular lot shall be used for replacement trees within the blocks or lots on which the lot is located or on the blocks or lots on the opposite side of the street or streets in which the lot is located. 19.16.060: TREE PRESERVATION INVOLVING CONSTRUCTION: A. A tree preservation plan shall be submitted as an attachment to the application for (1) a building permit or other permit in connection with projects involving construction activity, or (2) zoning petitions or applications involving site plan or development plan approval. B. Consistent with the various setback requirements of the City's zoning ordinance, all buildings and other structures shall be located upon a lot or parcel of land to minimize tree damage and/or removal. The building activity area shall be the smallest practical area of a lot or parcel of land. C. The tree preservation plan shall be shown on a plan that has the engineering plans (grading, utilities) as the base and shall specify the following: 1. The tree preservation area and building activity area; 2. Steps to be taken to provide tree protection devices adjacent to the tree preservation area. Detailed drawings of the protection devices shall be included; 3. The name, address, telephone number, facsimile number and e-mail address of the general contractor responsible for the construction, erection, and maintenance of tree protection devices adjacent to the tree preservation area; 4. The location, shape and spatial arrangement of all existing and proposed structures, driveways, parking areas, roads, and access drives designed in such a way as to avoid unnecessary removal of trees. 5. Location of existing property lines, proposed or existing utility services, including gas, electric, telephone, and cable television. Every effort shall be made to protect existing trees during the placement of utility service lines including auguring as opposed to open cutting where feasible. A copy of the tree preservation plan and this chapter shall be submitted to the appropriate public utilities in order to alert said regulated public utilities to the proposed placement of the regulated utility service lines; FEBRUARY 13, 2013 VOLUME LXXVIII 70 6. A tree survey showing the location, species, DBH and condition of every tree with a DBH of two (2) inches or larger on the property. The survey shall distinguish existing trees, which are proposed to be destroyed, relocated, replaced, preserved at their present location, or introduced into the area from an off-site source and identified on either the map or an accompanying sheet. The Development Administrator shall have the authority to allow a modified tree survey for heavily wooded properties. A pre-meeting with city staff is recommended prior to preparing a tree survey. D. Approval of an application for a building permit or a permit for other construction activity involving tree removal activity shall be granted only if the City finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing trees and to otherwise enhance the aesthetic appearance of the development by the incorporation of trees in the design process. Relocation or replacement of trees may be required as a condition of approval in accordance with the criteria set forth in this chapter. No tree removal shall take place until the issuance of a tree removal permit. E. Work shall not begin on the site, until the site has been inspected by the City for compliance with the tree preservation plan. F. An approved tree preservation plan shall be available on the building site before work commences and at all times during construction of the project. The general contractor shall be responsible for notifying all other contractors of the tree preservation plan and providing the City with written confirmation of this notification. 19.16.070: TREE PROTECTION DURING CONSTRUCTION: During construction, reasonable steps necessary to prevent the destruction of or damage to trees (other than those specified to be removed) shall be taken, including but not limited to the following: A. No construction activity, movement and/or placement of equipment or material or spoils storage shall be permitted outside the building activity area or within the tree preservation area. B. Trees to be preserved shall be protected during construction by tree protection devices around the Critical Root Zone (CRZ) of each tree to prevent compaction of soil and other damage to the tree by equipment or materials. No excess topsoil, construction materials, debris or chemicals are allowed within the CRZ of any tree, which is to be preserved. In addition, no parking of vehicles, on-site offices or machinery is allowed inside the CRZ. All refueling, maintenance and burning areas shall be located away from all trees. VOLUME LXXVIII FEBRUARY 13, 2013 71 C. All required protective fencing or other similar physical barriers not less than thirty-six (36) inches in height must be in place around the tree preservation area and/or trees and approved by the City prior to beginning construction. The fencing or other similar physical barrier must remain in place during the entire construction period. All fencing or other similar physical barriers must be secured to metal posts driven into the ground spaced no further than ten (10) feet apart. D. No attachments, signs, fences or wires, other than those approved for bracing, guying or wrapping, shall be attached to trees during the construction period. E. Whenever a change of ground grading is planned, the trees to be preserved shall be protected by a wall so as to preserve the existing grade for the roots. The wall and its design shall be shown on the tree preservation plan. F. Wherever a change of grading is planned, the topsoil shall be preserved for the new landscaping to be installed. Unless otherwise authorized by the tree removal permit, no soil is to be removed from within the CRZ of any tree that is to remain. G. When trenching alongside existing trees is unavoidable, the trench must be one (1) foot for every one (1) inch DBH away from the base of the existing tree to be protected. H. Construction pruning and root pruning of trees directly impacted by construction may be required for preservation of existing trees. These measures must be indicated on the tree preservation plan or the submitted application for permit. I. All utilities, including service lines, shall be installed in accordance with the tree preservation plan. Regulated public utilities that have been notified of the tree preservation plan in accordance with this chapter herein shall be responsible for adhering to said tree preservation plan during installation of necessary utility services lines. 19.16.080: REMOVAL OF CERTAIN DANGEROUS TREES WITHOUT PERMIT: In the event that any tree shall pose a threat to health, safety or property and require immediate removal (for example, a tree which has blown over or been struck by lightning), the city may give verbal authorization, and the tree removed without a written permit as herein required. The development administrator shall require a written record be made of any such verbal authorization to remove a tree. 19.16.090: APPEALS: Property owners may discuss alternative layouts and present the reasons why the literal provisions of this chapter cause hardship for their development. The intent of this chapter is to establish standards for development and redevelopment within the City and to preserve trees as an important public resource enhancing the City's natural character and heritage. However, it is acknowledged, that in order to obtain the very best development plan, latitude from these provisions can be evaluated in consideration of plans with unique site design or properties with physical limitations inhibiting tree preservation. If the literal application of this chapter results in FEBRUARY 13, 2013 VOLUME LXXVIII 72 hardship, the applicant may apply for a variation from the requirements of this chapter in accordance with Chapter 19.70 hereof. 19.16.100 PENALTY: A. A person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of an offense. B. Failure to obtain a tree removal permit prior to removing trees shall result in a fine of $200 per inch of tree diameter measured at DBH. C. It shall be unlawful for any person, firm or corporation to fail to abide by the terms of any tree preservation plan pursuant to which a building permit or tree removal permit has been issued including all regulated public utilities. D. If the precautions as specified in the tree preservation plan were not undertaken before construction commenced or are not maintained at any time during construction, the City shall issue a stop-work order until such time as the permittee complies with these precautions. E. Trees removed without a tree removal permit must be replaced with trees whose sum of caliper equals the sum of DBH of the trees removed, with a minimum caliper of 2½ inches. F. Any violation of this chapter in which the DBH and/or species of a tree cannot be determined, the tree shall be replaced with 16 trees with a minimum caliper of 2½ inches, and any other penalties pursuant to this chapter. G. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City to suspend, revoke or refuse to renew a permit or other approval or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law." Section 3. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or 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 circumstances 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 provisions, clause, sentence, paragraph, section or part thereof not been included. Section 4. 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. VOLUME LXXVIII FEBRUARY 13, 2013 73 Section 5. 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: February 13, 2013 Passed: February 13, 2013 Vote: Yeas: 6 Nays: 1 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Moeller, to pass Ordinance Nos. G11-13 and T1-13 through T21-13 and adopt Resolution Nos. 13-17 through 13-20 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-17 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH CSR ROOFING CONTRACTORS, INC. FOR ROOF REPAIRS AT VARIOUS CITY BUILDINGS Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-17 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH CSR ROOFING CONTRACTORS, INC. FOR ROOF REPAIRS AT VARIOUS CITY BUILDINGS WHEREAS, the City of Elgin has heretofore entered into a contract with CSR Roofing Contractors, Inc. for roof repairs at various city buildings; 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. FEBRUARY 13, 2013 VOLUME LXXVIII 74 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: February 13, 2013 Adopted: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-18 ADOPTED AUTHORIZING EXECUTION OF A FIFTH AMENDMENT AGREEMENT WITH WASTE MANAGEMENT OF ILLINOIS, INC. FOR REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-18 RESOLUTION AUTHORIZING EXECUTION OF A FIFTH AMENDMENT AGREEMENT WITH WASTE MANAGEMENT OF ILLINOIS, INC. FOR REFUSE, RECYCLABLES AND YARD WASTE COLLECTION 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 a Fifth Amendment Agreement with Waste Management of Illinois, Inc. on behalf of the City of Elgin for refuse, recyclables and yard waste collection services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVIII FEBRUARY 13, 2013 75 Presented: February 13, 2013 Adopted: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-19 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-19 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from July, 2012 through December, 2012 are hereby approved. FEBRUARY 13, 2013 VOLUME LXXVIII 76 Section 2. The executive session minutes or the portions thereof set forth on the attached Exhibit A no longer require confidential treatment and are hereby made available for public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 3. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 4. The executive session minutes or the portions thereof set forth on the attached Exhibit C no longer require confidential treatment and are hereby made available for public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 5. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Adopted: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-20 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-20 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Tom Armstrong, Karen Erickson, and Scott Magee be and are hereby reappointed as members of the Bicycle and Pedestrian Advisory Commission, for a term that expires on September 30, 2015. VOLUME LXXVIII FEBRUARY 13, 2013 77 BE IT FURTHER RESOLVED that Robert Gilliam, Ruth Stephens, and Mauricea Rhodes be and are hereby reappointed as members of the Housing Authority of Elgin, for a term that expires on December 1, 2017. BE IT FURTHER RESOLVED that Judith Rivera be and is hereby appointed as a member of the Heritage Commission for a term to expire May 1, 2014. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Adopted: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G11-13 PASSED AMENDING TITLE 3 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "BOARDS AND COMMISSIONS" TO PROVIDE FOR A CODE OF CONDUCT FOR THE MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES 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. G11-13 AN ORDINANCE AMENDING TITLE 3 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "BOARDS AND COMMISSIONS" TO PROVIDE FOR A CODE OF CONDUCT FOR THE MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power, perform any function pertaining to its government and affairs; and WHEREAS, the City Council has determined that it is necessary and desirable to establish a code of conduct for the members of city boards, commissions, committees and task forces; and FEBRUARY 13, 2013 VOLUME LXXVIII 78 WHEREAS, a code of conduct for the members of city boards, commissions, committees and task forces 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 Chapter 3.03 of the Elgin Municipal Code, 1976, as amended, entitled "Meetings; General Provisions" be and is hereby further amended by adding a new section 3.03.110 thereto entitled "Code of Conduct" to read as follows: "3.03.110: CODE OF CONDUCT: A. Purpose. The purpose of this code of conduct is to provide overall guidance to Members as to their conduct while serving the City of Elgin. The City reserves the exclusive right to change any of these policies at any time and to require adherence to the changed policy. B. Definitions. For the purposes of this section, "Commission" means all City boards, commissions, committees and task forces created by the City Council, except for the liquor commission, the police pension board and the firemen's pension board. For the purposes of this section, "Member" means any person who has been appointed to serve on a City of Elgin Commission. C. Fair Representation. The City of Elgin is committed to a policy of fair representation and the City of Elgin and no Member shall discriminate on the basis of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. All Members shall follow this policy as Members formulate their recommendations to the City Council. Members are expected to adhere to the same standards in the course of their duties. D. Continued Service. The City Council, in its discretion, may suspend or remove any Member for failure to meet the qualifications for membership, for incompetence, neglect of duty, malfeasance in office, violation of law, violation of any provision of the code of conduct or when such suspension or removal is in the best interests of the City as determined by the City Council in its sole discretion. E. Representation. Unless authorized by the Commission to speak on behalf of the Commission, a Member is encouraged to seek prior consultation from the chairperson of the Commission prior to taking any public action or making any public statement on matters within the purview of the Commission. Such public actions or public statements on matters within the purview of the Commission may include, but are not limited to, public statements to the press, use of the internet and/or social media outlets, coalition or lobbying efforts with other organizations, or any agreements involving contracts, resources, finances or other obligations. When speaking or writing publicly on matters within the purview of the Commission, unless a Member has been authorized to speak on behalf of the Commission or the Member is speaking on behalf of a position that the Commission has taken by formal action, the Member shall make VOLUME LXXVIII FEBRUARY 13, 2013 79 clear that he/she is speaking on his/her own behalf and not on behalf of the Commission. No Member shall use his or her member title or speak or write as a Member except when speaking on behalf of the Commission. Except when a Member is speaking on behalf of the Commission, no Member shall identify him or herself as a Member without making clear that he or she is not speaking on behalf of the Commission. F. Copyright/Ownership Issues. All work product prepared by the Member relating to the Commission at issue including, but not limited to, graphic materials, web page designs, narratives, research, compilations, instructional text, reports, plans, studies, photographs and recommendations, shall be the property of the City of Elgin and shall be delivered to the City of Elgin upon request from the City. The Member may retain copies of such work product for the Member's own records but such work product may not be used or reproduced without the permission of the City of Elgin. The Member's acceptance of an appointment as a Member shall constitute Member's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the Member to the City of Elgin of all such work product prepared by the Member pursuant to such Member's membership. The City of Elgin shall have the right as determined by the City to utilize and/or amend such work product. Members may be recognized for their contributions as determined by the City of Elgin. G. Non-Compliance/Dismissal. The failure by a Member to adhere to any part of this code of conduct may result in a recommendation to the City Council of suspension from the Member's duties and/or removal as a Member. A Member shall be provided notice as to the proposed reason or grounds for removal and an opportunity to be heard prior to any such removal. H. Certain Member Obligations. A Member's obligations shall include but not be limited to: 1. Represent the City of Elgin with professionalism, dignity and pride, and be responsible for conducting his/herself with courtesy and appropriate behavior. 2. Follow through and complete accepted tasks. 3. Conduct his/herself in a respectful manner, exhibit good sporting conduct, and be a positive role model. 4. Seek training for the Member's role by participating in meetings, self- study, or other training opportunities to help the Member work more effectively with appropriate audiences. 5. Display respect and courtesy for employees, other Members, program participants, visitors, citizens and property. 6. Provide a safe environment by not harming anyone in any way, whether through discrimination, sexual harassment, physical force, verbal or mental abuse, neglect, or other harmful actions. FEBRUARY 13, 2013 VOLUME LXXVIII 80 7. Respect the privacy of persons served by the organization and hold in confidence sensitive, private and personal information. 8. Keep city staff informed of progress, concerns and problems with the program(s) in which the member participates. 9. Work cooperatively as a team member with the City of Elgin employees and other Members. 10. Respect and follow policies and program expectations of the member commission, task force or committee. 11. Keep personal opinions and actions separate from those made as a representative of the City of Elgin. 12. Avoid conduct, both on duty as a Member and off duty that would jeopardize the effectiveness of the program(s) in which the Member participates. I. Conflict of Interest. All conflicts of interest and circumstances giving rise to a perceived conflict of interest or the appearance of impropriety shall be avoided. Members must avoid the appearance of favoritism towards people and organizations with whom a Member is affiliated. Examples include if a Member serves as a volunteer board member for a service organization, the Member must not vote on any matter which will directly affect that organization. J. Advisory Role Only. Except for circumstances where a Commission is acting in a quasi-judicial role including certain actions of the Planning and Zoning Commission, the Human Relations Commission, the Board of Fire and Police Commissioners or the Heritage Commission, the duties, responsibilities and actions of the City's Commissions are advisory only, are limited to making recommendations to the City Council and shall not obligate the City of Elgin. Members, and the boards, commissions, committees and task forces of which they are a Member shall only take actions within their authority, duties and responsibilities as specifically set forth in the Elgin Municipal Code. The corporation counsel shall provide advice on legal issues relating to jurisdiction and authority as required. K. Acknowledgement. All Members shall sign a copy of the code of conduct which includes an acknowledgement that the Member has read and will agree to abide by the code o f conduct." Section 2. That 3.03.010 of the Elgin Municipal Code, 1976, as amended, entitled "Application" be and is hereby further amended to read as follows: "The provisions of this chapter shall apply to all city boards, commissions, committees and task forces created by the City Council, except for the VOLUME LXXVIII FEBRUARY 13, 2013 81 liquor commission, the police pension board, the firemen's pension board and to the property maintenance board of appeals." Section 3. That Section 3.03.070 of the Elgin Municipal Code, 1976, as amended, entitled "Removal" be and is hereby further amended to read as follows: "The City Council, in its discretion, may suspend or remove any Member of a city board, commission, committee or task force for failure to meet the qualifications for membership, for incompetence, neglect of duty, malfeasance in office, violation of the code of conduct for Members or when such suspension or removal is in the best interests of the City as determined by the City Council in its sole discretion. A Member shall be provided notice as to the proposed reason or grounds for removal and an opportunity to be heard prior to any such removal." Section 4. 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 5. 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: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T1-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1996A 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. FEBRUARY 13, 2013 VOLUME LXXVIII 82 Ordinance No. T1-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1996A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S14-96, An Ordinance Providing for the Issuance of $21,640,000 General Obligation Corporate Purpose Bonds, Series 1996A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $121,538 for the year 2012 as provided and levied in the ordinance providing for the issuance of $21,640,000 General Obligation Corporate Purpose Bonds, Series 1996A, passed December 4, 1996, a copy of which was filed with each of said county clerks Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII FEBRUARY 13, 2013 83 ORDINANCE T2-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A 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. T2-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S8-97, An Ordinance Providing for the Issuance of $4,860,000 General Obligation Corporate Purpose Bonds, Series 1997A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $62,425 for the year 2012 as provided and levied in the ordinance providing for the issuance of $4,860,000 General Obligation Corporate Purpose Bonds, Series 1997A, passed May 14, 1997, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 13, 2013 VOLUME LXXVIII 84 Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T3-13 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2001B 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. T3-13 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2001B WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S5-01, an Ordinance providing for the issuance of $13,715,000 General Obligation Refunding Bonds, Series 2001B, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $1,591,538 for the year 2012 as provided and levied in the ordinance providing for the issuance of $13,715,000 General Obligation Refunding Bonds, Series 2001B, passed April 25, 2001, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $1,036,645 and extending a tax for the year 2012 in the amount of $554,893 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. VOLUME LXXVIII FEBRUARY 13, 2013 85 Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T4-13 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003 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. T4-13 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S1-03, an Ordinance providing for the issuance of $15,625,000 General Obligation Refunding Bonds, Series 2003, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. FEBRUARY 13, 2013 VOLUME LXXVIII 86 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $2,301,794 for the year 2012 as provided and levied in the ordinance providing for the issuance of $15,625,000 General Obligation Refunding Bonds, Series 2003, passed January 22, 2003, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $1,878,869 and extending a tax for the year 2012 in the amount of $422,925 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T5-13 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2004A 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. VOLUME LXXVIII FEBRUARY 13, 2013 87 Ordinance No. T5-13 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2004A WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S4-98, An Ordinance Providing for the Issuance of $11,860,000 General Obligation Corporate Purpose Bonds, Series 2004A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $779,200 for the year 2012 as provided and levied in the ordinance providing for the issuance of $11,860,000 General Obligation Corporate Purpose Bonds, Series 2004A, passed April 14, 2004, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $357,200 and extending a tax for the year 2012 in the amount of $422,000 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 13, 2013 VOLUME LXXVIII 88 Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T6-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004B 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. T6-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S13-04, An Ordinance Providing for the Issuance of $5,435,000 General Obligation Refunding Bonds, Series 2004B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $519,000 for the year 2012 as provided and levied in the ordinance providing for the issuance of $5,435,000 General Obligation Refunding Bonds, Series 2004B, passed April 14, 2004, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. VOLUME LXXVIII FEBRUARY 13, 2013 89 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T7-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005A 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. T7-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S3-05, An Ordinance Providing for the Issuance of $11,365,000 General Obligation Refunding Bonds, Series 2005A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $2,246,019 for the year 2012 as provided and levied in the FEBRUARY 13, 2013 VOLUME LXXVIII 90 ordinance providing for the issuance of $11,365,000 General Obligation Refunding Bonds, Series 2005A, passed January 12, 2005, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T8-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2005B 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. T8-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2005B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S13-05, An Ordinance Providing for the Issuance of $9,715,000 General Obligation Corporate Purpose Bonds, Series 2005B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and VOLUME LXXVIII FEBRUARY 13, 2013 91 WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $568,200 for the year 2012 as provided and levied in the ordinance providing for the issuance of $9,715,000 General Obligation Corporate Purpose Bonds, Series 2005B, passed April 27, 2005, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T9-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2005C 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. FEBRUARY 13, 2013 VOLUME LXXVIII 92 Ordinance No. T9-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2005C WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S14-05, An Ordinance Providing for the Issuance of $4,875,222.65 General Obligation Corporate Purpose (Capital Appreciation) Bonds, Series 2005C, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $510,000 for the year 2012 as provided and levied in the ordinance providing for the issuance of $4,875,222.65 General Obligation Corporate Purpose (Capital Appreciation) Bonds, Series 2005C, passed April 27, 2005, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII FEBRUARY 13, 2013 93 ORDINANCE T10-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2006A 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. T10-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2006A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S10-06, An Ordinance Providing for the Issuance of $8,090,000 General Obligation Corporate Purpose Bonds, Series 2006A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $384,269 for the year 2012 as provided and levied in the ordinance providing for the issuance of $8,090,000 General Obligation Corporate Purpose Bonds, Series 2006A, passed April 12, 2006, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 13, 2013 VOLUME LXXVIII 94 Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T11-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2006B 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. T11-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2006B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S8-06, An Ordinance Providing for the Issuance of $5,322,248.40 General Obligation Corporate Purpose (Capital Appreciation) Bonds, Series 2006B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $300,000 for the year 2012 as provided and levied in the ordinance providing for the issuance of $5,322,248.40 General Obligation Corporate Purpose (Capital Appreciation) Bonds, Series 2006B, passed April 12, 2006, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. VOLUME LXXVIII FEBRUARY 13, 2013 95 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T12-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2007 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. T12-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2007 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-07, An Ordinance Providing for the Issuance of $5,665,000 General Obligation Corporate Purpose Bonds, Series 2007, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $401,583 for the year 2012 as provided and levied in the FEBRUARY 13, 2013 VOLUME LXXVIII 96 ordinance providing for the issuance of $5,665,000 General Obligation Corporate Purpose Bonds, Series 2007, passed April 11, 2007, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T13-13 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2008A 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. T13-13 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2008A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S4-08, An Ordinance Providing for the Issuance of $14,825,000 General Obligation Corporate Purpose Bonds, Series 2008A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and VOLUME LXXVIII FEBRUARY 13, 2013 97 WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,237,000 for the year 2012 as provided and levied in the ordinance providing for the issuance of $14,825,000 General Obligation Corporate Purpose Bonds, Series 2008A, passed April 23, 2008, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $723,050 and extending a tax for the year 2012 in the amount of $513,950 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T14-13 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008B 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. FEBRUARY 13, 2013 VOLUME LXXVIII 98 Ordinance No. T14-13 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S5-08, An Ordinance Providing for the Issuance of $8,150,000 General Obligation Refunding Bonds, Series 2008B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $1,291,713 for the year 2012 as provided and levied in the ordinance providing for the issuance of $8,150,000 General Obligation Refunding Bonds, Series 2008B, passed April 23, 2008, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $835,213 and extending a tax for the year 2012 in the amount of $456,500 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII FEBRUARY 13, 2013 99 ORDINANCE T15-13 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2010A 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. T15-13 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2010A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-10, An Ordinance Providing for the Issuance of $7,105,000 General Obligation Corporate Purpose Bonds, Series 2010A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,398,303 for the year 2012 as provided and levied in the ordinance providing for the issuance of $7,105,000 General Obligation Corporate Purpose Bonds, Series 2010A, passed April 14, 2010, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $1,077,271 and extending a tax for the year 2012 in the amount of $321,032 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 13, 2013 VOLUME LXXVIII 100 Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T16-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B 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. T16-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S3-10, An Ordinance Providing for the Issuance of $4,755,000 General Obligation Refunding Bonds, Series 2010B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $437,450 for the year 2012 as provided and levied in the ordinance providing for the issuance of $4,755,000 General Obligation Refunding Bonds, Series 2010B, passed April 14, 2010, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. VOLUME LXXVIII FEBRUARY 13, 2013 101 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T17-13 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010C 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. T17-13 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010C WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S5-10, An Ordinance Providing for the Issuance of $4,755,000 General Obligation Refunding Bonds, Series 2010C, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: FEBRUARY 13, 2013 VOLUME LXXVIII 102 Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,034,575 for the year 2012 as provided and levied in the ordinance providing for the issuance of $4,755,000 General Obligation Refunding Bonds, Series 2010C, passed October 13, 2010, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $697,425 and extending a tax for the year 2012 in the amount of $337,150 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T18-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2011 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. T18-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2011 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S7-11, An Ordinance Providing for the Issuance of $9,695,000 General Obligation Corporate Purpose Bonds, Series 2011, of the City of Elgin, Kane and Cook Counties, Illinois, VOLUME LXXVIII FEBRUARY 13, 2013 103 and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $637,675 for the year 2012 as provided and levied in the ordinance providing for the issuance of $9,695,000 General Obligation Corporate Purpose Bonds, Series 2011, passed May 25, 2011, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 13, 2013 VOLUME LXXVIII 104 ORDINANCE T19-13 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 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. T19-13 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S1-12, an Ordinance providing for the issuance of $15,215,000 General Obligation Refunding Bonds, Series 2012, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $792,150 for the year 2012 as provided and levied in the ordinance providing for the issuance of $15,215,000 General Obligation Refunding Bonds, Series 2012, passed February 22, 2012, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $700,600 and extending a tax for the year 2012 in the amount of $91,550 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before April 1, 2013. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVIII FEBRUARY 13, 2013 105 Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T20-13 PASSED ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2012A 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. T20-13 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2012 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2012A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S3-12, An Ordinance Providing for the Issuance of $8,600,000 General Obligation Corporate Purpose Bonds, Series 2012A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2012 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $743,538 for the year 2012 as provided and levied in the ordinance providing for the issuance of $8,600,000 General Obligation Corporate Purpose Bonds, Series 2012A, passed June 13, 2012, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to April 1, 2013. FEBRUARY 13, 2013 VOLUME LXXVIII 106 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T21-13 PASSED REGARDING ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR REFUNDING AND CORPORATE PURPOSE BONDS 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. T21-13 AN ORDINANCE REGARDING ABATING A PORTION OF THE ANNUAL TAX FOR 2012 FOR REFUNDING AND CORPORATE PURPOSE BONDS WHEREAS, the City Council has adopted Ordinance Numbers T3-13, T4-13, T5-13, T13-13, T14-13, T15-13, T17-13, and T19-13 providing for abating a portion of the annual tax for 2012 for refunding and corporate purpose bonds for the series bonds referred to in such ordinances; and WHEREAS, depending upon the 2012 assessed valuation figures and the state multiplier it may be necessary to further adjust the amounts of the abatement and resulting tax levy in Section 1 of such ordinances in order to arrive at a 2012 tax levy for the City of Elgin not to exceed $40,547,000. VOLUME LXXVIII FEBRUARY 13, 2013 107 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the city’s Chief Finance Officer be and is hereby authorized and directed that upon receipt of 2012 assessed valuation figures and the state multiplier to adjust, to the extent reasonably practicable, the amount of the abatement and resulting tax levy in the Section 1 of Ordinance Numbers T3-13, T4-13, T5-13, T13-13, T14-13, T15-13, T17-13, and T19-13 so as to attempt to arrive at a 2012 tax levy for the City of Elgin not to exceed $40,547,000. The city’s Chief Financial Officer shall make such adjustments, if any, prior to the filing of a certified copy of Ordinance Numbers T3-13, T4-13, T5-13, T13-13, T14-13, T15-13, T17-13, and T19-13 with the County Clerks of Kane and Cook Counties, Illinois, whereupon the amount of the abatement and tax levy in Section 1 of Ordinance Numbers T3-13, T4-13, T5-13, T13-13, T14-13, T15-13, T17-13, and T19-13 shall be deemed final. Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 Published: February 15, 2013 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. Bicycle & Pedestrian Advisory Committee January 8, 2013 Board of Health October 8, 2012 Emergency Telephone System Board December 20, 2012 Human Relations Commission December 4, 2012 and January 8, 2013 Planning & Zoning Commission January 7, 2013 Retiree Health Insurance Trust Fund November 5, 2012 Committee of the Whole Minutes for January 9, 2013 FEBRUARY 13, 2013 VOLUME LXXVIII 108 City Council Minutes for January 9, 2013 Hotel & Motel Tax Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam 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. The meeting adjourned at 8:21 p.m. s/ Kimberly Dewis February 27, 2013 Kimberly Dewis, City Clerk Date Approved