North Cook News

Elgin City Council met Nov. 7.

Here is the minutes provided by the council:

The regular meeting of the Council of the City of Elgin, Illinois, was held on November 7, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The a moment of silence was observed for victims of the synagogue shooting in Pittsburgh and the Pledge of Allegiance was led by Building Maintenance Superintendent Rich Hoke.

ROLL CALL

Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.

MINUTES OF THE OCTOBER 24, 2018, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the October 24, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

COMMUNICATIONS

Veterans Day Proclamation

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, the citizens of our country are justly proud of the men and women who have fought to defend the principles of liberty and freedom on which our nation was founded; and

WHEREAS, from the Revolutionary-era militias through today's sophisticated defense structure, American service members have defended our country in times of challenge, brought honor to the United States and created a solid foundation for its continued security, growth and prosperity; and

WHEREAS, despite the tremendous perils and pressures of wartime, our Armed Forces have bravely defended the country; and

WHEREAS, the citizens of the United States will forever owe an immense debt of gratitude to our veterans for the sacrifices they have made to secure the safety of our country; and

WHEREAS, as an expression of that gratitude, President Dwight D. Eisenhower signed into law an act calling for the observance of Veterans Day in remembrance of the end of World War I, and as a perpetual reminder of the blessings of peace; and

WHEREAS, our veterans reflect the preeminent qualities of patriotism and courage in all of us and continue to make countless contributions to military and civilian life; and

WHEREAS, many men and women from the Illinois National Guard are serving in Iraq or Afghanistan, or are scheduled to be returned there shortly, along with many other Elgin residents serving with the United States Army, Air Force, Navy, Marines, Merchant Marines and Coast Guard. To honor the contributions and accomplishments of all our veterans,

NOW THEREFORE, I, David Kaptain, Mayor of the City of Elgin, am proud to proclaim Sunday, November 11, 2018 as Veterans Day in the City of Elgin. I urge that the American Flag be displayed on our public buildings and homes and that the citizens of the City of Elgin attend th the ceremony to be held at the Veterans Park located north of the Gail Borden Library on the 11 of November 2018 at 11:00 a.m.

IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November, 2018.

s/ David J. Kaptain Mayor

SOURCEWELL PURCHASING COOPERATIVE AGREEMENT AWARDED TO TEAM REIL, INC. FOR FESTIVAL PARK PLAYGROUND EQUIPMENT

Councilmember Shaw made a motion, seconded by Councilmember Dixon, to award the bid to Team Reil Inc. in the amount of $72,533 to replace the rope climber playground at Festival Park. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

ORDINANCE T16-18 PASSED ALLOCATING THE COST OF CERTAIN UTILITY IMPROVEMENTS AND THE EXTENDED SECTION OF ALFT LANE/MASON ROAD IMPROVEMENTS TO BENEFITTED PROPERTIES

Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

AN ORDINANCE

ALLOCATING THE COST OF CERTAIN UTILITY IMPROVEMENTS AND THE EXTENDED SECTION OF ALFT LANE/MASON ROAD IMPROVEMENTS TO BENEFITTED PROPERTIES

WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "City"), and David Huang (hereinafter referred to as "Developer") entered into an Annexation Agreement (being hereinafter referred to as "Annexation Agreement") adopted by Resolution 14-93 and recorded on August 14, 2014 as document number 2014K040195; and

WHEREAS, the City, the Developer agreed in said Annexation Agreement, in Sections 3F and 6B, that upon the completion of the design and construction of the Specified Utilities including a sanitary sewer, storm sewer and water main and the completion of the design and construction of the Extended Section of Alft Lane/Mason Road, the City would adopt a recapture ordinance for the benefit of the Developer to collect from the owner or owners of the benefitted properties to the north of the Subject Property their pro rata share of the cost to complete construction such Specified Utilities and road section (hereinafter referred to as the "Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements"); and

WHEREAS, the Developer has provided for the construction of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements and it is fair and equitable to require benefitted properties to pay their fair share of the improvements; and

WHEREAS the installation of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements makes such improvements available to nearby properties and thereby benefits said properties; and

WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the construction of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements and allocation of the costs of said Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements to benefitted properties pertains to the government and affairs of the City of Elgin; and

WHEREAS, the City has determined that the Subject Specified Utilities and Extended Section of Alft Lane Mason Road Improvements heretofore described shall benefit three (3) parcels of land with a total gross acreage of 156.5980 acres, as depicted on Exhibit A entitled "Recapture Area"; and

WHEREAS, within the Recapture Area, one of the parcels is owned by the Developer, is identified on Exhibit A as “Subject Property”, with a gross area, of 60.3340 acres. The percentage of the costs of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements attributable to the Developer is 38.53%. The percentage of the costs of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements attributable to Parcel 1 with a gross area of 42.8270 acres, is 27.35%. The percentage of the costs of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements attributable to Parcel 2 with a gross area of 53.470 acres, is 34.12%; and

WHEREAS, the total Project Cost of the Subject Specified Utilities and Extended Section of Alft Lane / Mason Road Improvements was $1,932,281.03; and

WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject Specified Utilities and Extended Section of Alft Lane / Mason Road Improvements to properties benefited by the availability of such facilities should be computed at the rate of$12,339.12 per gross acre.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section l. That the owner of any of the Subject Benefitted Properties identified in Exhibit B attached hereto and made a part hereof who desires to annex into the City of Elgin and/or otherwise connect to and use the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements being the amount of $12,339.12 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements and in addition to any and all other fees and requirements established by the City of Elgin for connection to or use of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements including, but not limited to, annexation into the City of Elgin.

Section 2. No property listed in Exhibit B that will be adjacent to and/or otherwise use the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements shall be annexed into the City or shall be issued a building permit or otherwise be issued a permit by the City of Elgin to connect or to otherwise use the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements until such time as payment is made to the Developer in an amount equal to such property's proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefitted property.

Section 3. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in the ordinance.

Section 4. That the owner of any of the Subject Benefitted Properties identified in Exhibit B attached hereto may pay the amount allocated without interest if payment is made prior to December 31, 2018. If full payment is not made prior to December 31, 2018, then payment shall be made in full plus interest at the rate of Five and Three-Quarters percent (5.75%) per annum accruing from the date of the adoption of this ordinance until the date of payment. Notwithstanding the foregoing, interest will stop accruing twenty (20) years after the date of the adoption of this ordinance.

Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the owner of any of the Subject Benefitted Properties, or any other person or entity, the right to annex into the City of Elgin.

Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control.

Section 7. Developer shall within thirty (30) days of the adoption of this ordinance record a certified copy of this ordinance with the Kane County Recorder. Developer shall also within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the Subject Benefitted Properties identified in Exhibit B.

Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the Subject Benefitted Properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason.

Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law.

http://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/6244