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Home My WebLink Abouta - January 14, 2009 CC1 VOLUME LXXIV JANUARY 14, 2009 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 January 14, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:10 p.m. The Invocation was given by Reverend Neris Diaz, Chaplain of Sherman Hospital and the Pledge of Allegiance was led by Councilmember Juan Figueroa. ROLL CALL Roll call was answered by Councilmembers Figueroa, Kaptain, Steffen, Walters and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE DECEMBER 17, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the December 17, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS Proclamation in Memory of Dr. Martin Luther King, Jr. Mayor Schock read a proclamation in memory of Dr. Martin Luther King, Jr. The proclamation was accepted by Wesley Scott who invited the public to attend the various events that will be held over the upcoming weekend. Presentation of Police Department Life Saving Award Robin Harkinson, the community member of the Elgin Police Awards Committee, presented the department’s Life Saving Award to Officer Nicholas Kozicki. In November, 2008, Officer Kozicki saved the life of a baby who had stopped breathing. JANUARY 14, 2009 VOLUME LXXIV 2 RECOGNIZE PERSONS PRESENT Bonnie Russell spoke on behalf of her mother who recently received a ticket for improperly parking in a handicap zone. She felt the ticket had been issued in error and would like to have it reviewed. Marcus Banner announced a voter registration drive and urged residents to vote in the upcoming municipal election. Jaime Garcia, from Centro de Informacion, expressed appreciation for the efforts of city staff to restock their food pantry. Mayor Schock thanked RuthAnne Hall for her efforts in heading up this project. Navil El-Sorrogy, a local cab/limo driver, expressed his displeasure with the taxi cab inspection process. He would like to see this process changed so that cabs could be inspected at any time instead of the designated two times each year. Mayor Schock stated that the City Manager will conduct a review of the procedures and Mr. El-Sorrogy will be notified of the outcome. Jose Moreno, a resident of Kirk Street, expressed his concerns about flooding in his neighborhood. He said that the pedestrian bridge has been damaged and should be repaired. He would like to see both the banks and the bridge raised. PETITION 51-08 APPROVED REQUESTING AMENDMENTS TO THE TEXT OF TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE; BY THE CITY OF ELGIN, AS APPLICANT (ACCESSORY AND PACKAGE LIQUOR SALES ESTABLISHMENTS) Community Development Director Deering stated these amendments were to bring the Municipal Code in line with the Liquor Code. The Planning and Development Commission has recommended approval of these amendments. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve Petition 51-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 09-10 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT FOR ROUTE 554 WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) Councilmember Kaptain made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV JANUARY 14, 2009 3 Resolution No. 09-10 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT FOR ROUTE 554 WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Service Agreement for Route 554 on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority (Pace), a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-11 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-11 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Ride in Kane Pace Subsidy Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority (PACE) for the Ride in Kane Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JANUARY 14, 2009 VOLUME LXXIV 4 Presented: January 14, 2009 Adopted: January 14, 2009 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Anderson Animal Shelter South Elgin, IL $12,412.50 August through November 2008 Animal Services ComEd Chicago, IL $11,513.92 Electricity from October 23, 2008 – November 19, 2008 at Bowes Creek Elgin Community College Elgin, IL $14,094.00 Paramedic I & II Training for 10 employees Drydon Equipment Elgin, IL $10,959.87 Emergency sludge pump replacement at Riverside Water Treatment Plant Seyfarth Shaw Chicago IL $39,605.00 Legal services for 231 Douglas litigation Lake County Sheriff’s Department Waukegan, IL $37,231.17 Salary reimbursement for one officer July 1 – September 30, 2008 and one officer October 8 – November 17, 2008 Elgin Police Department Elgin, IL $18,671.94 Salary reimbursement for one officer July 1 – September 30, 2008 Hoffman Estates Police Department Hoffman Estates, IL $22,714.61 Salary reimbursement for one officer July 1 – September 30, 2008 Eugolia Acevedo Elgin IL $13,850 Residential Rehabilitation Grant VOLUME LXXIV JANUARY 14, 2009 5 Lenor Ceron Elgin IL $12,000 Residential Rehabilitation Grant CONSENT AGENDA By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass Ordinance Nos. G1-09 through G4-09, S1-09, and S2-09, and adopt Resolution Nos. 09-1 through 09-12 (except 09-10 and 09-11 adopted above separately) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 09-1 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH CSR ROOFING, INC. FOR REPLACEMENT OF DAMAGED ROOF DECKING AT THE PUBLIC WORKS FACILITY Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-1 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH CSR ROOFING, INC. FOR REPLACEMENT OF DAMAGED ROOF DECKING AT THE PUBLIC WORKS FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract with CSR Roofing, Inc. for replacement of damaged roof decking at the Public Works facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JANUARY 14, 2009 VOLUME LXXIV 6 Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-2 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE ASSOCIATION FOR INDIVIDUAL DEVELOPMENT Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-2 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE ASSOCIATION FOR INDIVIDUAL DEVELOPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a community development block grant agreement on behalf of the City of Elgin with the Association for Individual Development for construction of improvements at 1135 Bowes Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV JANUARY 14, 2009 7 RESOLUTION 09-3 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE RENZ ADDICTION COUNSELING CENTER Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-3 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a community development block grant agreement on behalf of the City of Elgin with the Housing Authority of Elgin for security camera and door viewer project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-4 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. JANUARY 14, 2009 VOLUME LXXIV 8 Resolution No. 09-4 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE RENZ ADDICTION COUNSELING CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a community development block grant agreement on behalf of the City of Elgin with the Renz Addiction Counseling Center for an office remodeling project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-5 ADOPTED AUTHORIZING EXECUTION OF AN EXTENSION TO MAINTENANCE AND SUPPORT AGREEMENT NO. SA 002031-000 WITH MOTOROLA, INC. FOR PREMIER COMPUTER AIDED DISPATCH AND PREMIER MOBILE DATA COMPUTER SYSTEMS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-5 RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO MAINTENANCE AND SUPPORT AGREEMENT NO. SA 002031-000 WITH MOTOROLA, INC. FOR PREMIER COMPUTER AIDED DISPATCH AND PREMIER MOBILE DATA COMPUTER SYSTEMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and VOLUME LXXIV JANUARY 14, 2009 9 BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute an extension to maintenance and support agreement No. SA 002031-000 on behalf of the City of Elgin with Motorola, Inc. for premier computer aided dispatch and premier mobile data computer systems, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-6 ADOPTED AUTHORIZING EXECUTION OF SERVICE AGREEMENT NO. S00001007873 WITH MOTOROLA, INC. FOR MAINTENANCE OF THE CITY-WIDE TRUNKED RADIO SYSTEM Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-6 RESOLUTION AUTHORIZING EXECUTION OF SERVICE AGREEMENT NO. S00001007873 WITH MOTOROLA, INC. FOR MAINTENANCE OF THE CITY-WIDE TRUNKED RADIO SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute a Service Agreement No. S00001007873 on behalf of the City JANUARY 14, 2009 VOLUME LXXIV 10 of Elgin with Motorola, Inc. for maintenance of the city-wide trunked radio system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-7 ADOPTED AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH JAMES CANFIELD, OWNER OF THE RED BAR WINERY, INC. (74 S. GROVE AVENUE) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-7 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH JAMES CANFIELD, OWNER OF THE RED BAR WINERY, INC. (74 S. Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with James Canfield, the owner of the Red Bar Winery, Inc., for the property commonly known as 74 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV JANUARY 14, 2009 11 Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-8 ADOPTED AUTHORIZING EXECUTION OF AN ASSET TRANSFER AGREEMENT WITH ELGIN RECREATION CENTER Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-8 RESOLUTION AUTHORIZING EXECUTION OF AN ASSET TRANSFER AGREEMENT WITH ELGIN RECREATION CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Recreation Center for asset transfer, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-9 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (MCKAY AND NAVA PROPERTIES, 3303 AND 3305 ROUTE 20) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. JANUARY 14, 2009 VOLUME LXXIV 12 Resolution No. 09-9 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (McKay and Nava Properties – 3303 and 3305 Route 20) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV JANUARY 14, 2009 13 ORDINANCE S1-09 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (MCKAY AND NAVA PROPERTIES, 3303 AND 3305 ROUTE 20) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. S1-09 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (McKay and Nava Properties-3303 and 3305 Route 20) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That Part of The North Half of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, Described As Follows: Commencing at The Northwest Corner of The Northeast Quarter of Said Section 18; Thence South Along The West Line of Said Northeast Quarter 462.0 Feet To The Center Line of U.S. Highway 20; Thence North 64 Degrees 05 Minutes West Along Said Centerline 30.36 Feet For The Point of Beginning; Thence South 64 Degrees 05 Minutes East Along Said Center Line of U.S. Highway Route 20, 125.0 Feet; Thence South 25 Degrees 13 Minutes West 530.4 Feet; Thence North 64 Degrees 05 Minutes West Parallel With The Centerline of U.S. Highway Route 20 To A Line Drawn South 25 Degrees 13 Minutes West From The Point of Beginning; Thence North 25 Degrees 13 Minutes East 530.4 Feet To The Point of Beginning; In Elgin JANUARY 14, 2009 VOLUME LXXIV 14 Township, Kane County, Illinois, Excepting Therefrom That Part of U.S. Highway Route 20 Previously Annexed (Property Commonly Known As 3305 Route 20). That Part of North Half of Section 18, Township 41 North, Range 8 East of The Third Principal Meridian, Described As Follows: Commencing At The Northwest Corner of The Northeast Quarter of Said Section 18; Thence South Along The West Line of Said Northeast Quarter 462.0 Feet To The Centerline of U.S. Highway 20; Thence South 64 Degrees 05 Minutes East Along Said Centerline 94.64 Feet For The Point of Beginning; Thence Continuing South 64 Degrees 05 Minutes East Along Said Centerline Of U.S. Highway Route 20, 200.10 Feet; Thence South 25 Degrees 22 Minutes West 530.4 Feet; Thence North 64 Degrees 05 Minutes West Parallel With The Centerline of U.S. Highway Route 20 To A Line Drawn South 25 Degrees 13 Minutes West From The Point of Beginning; Thence North 25 Degrees 13 Minutes East 530.4 Feet To The Point of Beginning. Containing 2.429 Acres, More Or Less And Being Situated In Elgin Township, Kane County, Illinois, Excepting Therefrom That Part of U.S. Highway Route 20 Previously Annexed (Property Commonly Known As 3303 Route 20). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force from and after April 8, 2009. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Passed: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: January 15, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV JANUARY 14, 2009 15 ORDINANCE G1-09 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (MCKAY AND NAVA PROPERTIES, 3303 AND 3305 ROUTE 20) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G1-09 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (McKay & Nava Properties – 3303 & 3305 Route 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: That Part of The North Half of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, Described As Follows: Commencing at The Northwest Corner of The Northeast Quarter of Said Section 18; Thence South Along The West Line of Said Northeast Quarter 462.0 Feet To The Center Line of U.S. Highway 20; Thence North 64 Degrees 05 Minutes West Along Said Centerline 30.36 Feet For The Point of Beginning; Thence South 64 Degrees 05 Minutes East Along Said Center Line of U.S. Highway Route 20, 125.0 Feet; Thence South 25 Degrees 13 Minutes West 530.4 Feet; Thence North 64 Degrees 05 Minutes West Parallel With The Centerline of U.S. Highway Route 20 To A Line Drawn South 25 Degrees 13 Minutes West From The Point of Beginning; Thence North 25 JANUARY 14, 2009 VOLUME LXXIV 16 Degrees 13 Minutes East 530.4 Feet To The Point of Beginning; In Elgin Township, Kane County, Illinois, Excepting Therefrom That Part of U.S. Highway Route 20 Previously Annexed (Property Commonly Known As 3305 Route 20). That Part of North Half Of Section 18, Township 41 North, Range 8 East of The Third Principal Meridian, Described As Follows: Commencing At The Northwest Corner of The Northeast Quarter of Said Section 18; Thence South Along The West Line of Said Northeast Quarter 462.0 Feet To The Centerline of U.S. Highway 20; Thence South 64 Degrees 05 Minutes East Along Said Centerline 94.64 Feet For The Point of Beginning; Thence Continuing South 64 Degrees 05 Minutes East Along Said Centerline Of U.S. Highway Route 20, 200.10 Feet; Thence South 25 Degrees 22 Minutes West 530.4 Feet; Thence North 64 Degrees 05 Minutes West Parallel With The Centerline of U.S. Highway Route 20 To A Line Drawn South 25 Degrees 13 Minutes West From The Point of Beginning; Thence North 25 Degrees 13 Minutes East 530.4 Feet To The Point of Beginning. Containing 2.429 Acres, More Or Less And Being Situated In Elgin Township, Kane County, Illinois, Excepting Therefrom That Part of U.S. Highway Route 20 Previously Annexed (Property Commonly Known As 3303 Route 20). Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting populations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXIV JANUARY 14, 2009 17 D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PAB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: 1. Offices Division: "Offices" [SR] (UNCL). 2. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 3. Services Division: Advertising (731). Barbershops (724). Beauty shops (723). Coin-operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer- related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). JANUARY 14, 2009 VOLUME LXXIV 18 Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Miscellaneous personal services not elsewhere classified (7299). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Professional sports operators and promoters (7941). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 4. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). Used building materials (5932). VOLUME LXXIV JANUARY 14, 2009 19 Used merchandise stores (593). 5. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 6. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 7. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 8. Transportation, Communication and Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. JANUARY 14, 2009 VOLUME LXXIV 20 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Billiard parlors (7999). Bingo parlors (7999). Bowling centers (7933). Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Dance studios and schools (791). Discotheques (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Organization hotels and lodging houses, on membership basis (704). Other schools and educational services (829). Physical fitness facilities (7991). Pool parlors (7999). "Teen clubs" [SR] (UNCL). 4. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941). "Package liquor sales establishments" [SR] (5921). 5. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Heliports (458). Pipelines, except natural gas (461). Public warehousing and storage (422). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 6. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. VOLUME LXXIV JANUARY 14, 2009 21 "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yards" [SR] (UNCL). "Program for Graphics" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. G. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. H. Architectural Design Review. In this PAB zoning district, architectural design and review including, but not limited, with respect to all buildings and structures, shall be subject to the provisions of Chapter 19.14, Architectural Review and Design of the Elgin Municipal Code, 1976, as amended. I. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. J. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. K. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. L. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PAB zoning district authorize such an application. JANUARY 14, 2009 VOLUME LXXIV 22 M. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. P. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PAB zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. VOLUME LXXIV JANUARY 14, 2009 23 Section 3. That this ordinance shall be full force and effect from and after April 8, 2009. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Passed: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: January 15, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G2-09 PASSED AMENDING CHAPTER 3.65 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HEMMENS ADVISORY BOARD” Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G2-09 AN ORDINANCE AMENDING CHAPTER 3.65 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HEMMENS ADVISORY BOARD” BE IT ORDAINED BY THE CITY COUNCIL OF THE City OF ELGIN, ILLINOIS: Section 1. That Section 3.65.030 of the Elgin Municipal Code, 1976, as amended, entitled “Meetings” be and is hereby amended to read as follows: “3.65.030: MEETINGS: The Board shall meet on the first Thursday of each month.” Section 2. That Section 3.65.020 of the Elgin Municipal Code, 1976, as amended, entitled “Members” be and is hereby amended to read as follows: JANUARY 14, 2009 VOLUME LXXIV 24 “3.65.020: MEMBERS: The Board shall consist of seven (7) members to be appointed by the City Council. Each member so appointed shall serve for three (3) years and may be reappointed. Vacancies occurring on the Board shall be filled by appointment to serve for the unexpired term. The Hemmens Advisory Board shall elect one of its members as chairman for a term of one year subject to reelection. In addition to the foregoing, one member of the City Council and a representative of the Elgin Area Convention and Visitors Bureau shall be appointed as ex officio voting members. Up to two board members (in addition to the EACVB Member) shall be exempt from residency requirements so long as they are deemed by the Mayor and Council of the City of Elgin to have legitimate and vested interests in the success of the Hemmens Cultural Center and the City of Elgin.” Section 3. That Section 3.65.040 of the Elgin Municipal Code, 1976, as amended, entitled “Powers & Duties” be and is hereby amended to read as follows: “3.65.040: POWERS & DUTIES: The Hemmens Advisory Board shall have the following powers and duties, in addition to any other which may be granted by the City Council: A. To recommend and advocate to the City Council projects to improve and beautify the Hemmens Building including new equipment, ideas, projects or programs to improve and meet the needs of the Hemmens Cultural Center and surrounding areas; B. To coordinate, recommend and advocate to the City Council the use of gifts or bequests so as to improve and meet the needs of the Hemmens Building; C. To review Requests for Gift Certificates to be provided by The Hemmens when the request is within the guidelines as established by the Hemmens Advisory Board, and to approve the distribution of such Gift Certificates as they deem to be in the best interest of The Hemmens and the City of Elgin, provided, however, the value of Gift Certificates provided to any entity in a year shall not exceed $100 and the total amount of Gift Certificates provided to all groups shall not exceed the annual aggregate amount of $2,000; D. To solicit community opinion regarding The Hemmens Cultural Center and to report gathered information to Hemmens’ staff; VOLUME LXXIV JANUARY 14, 2009 25 E. To prepare and submit reports to the City Council concerning its activities when warranted or requested; F. To establish rules for the conduct of meetings; G. To perform such other duties as the City Council may designate.” Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance by and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner required by law. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Passed: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: January 15, 2009 Published: January 16, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S2-09 PASSED DESIGNATING THE KEMLER HOUSE AT 703 RAYMOND STREET AS A HISTORICAL LANDMARK Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. S2-09 AN ORDINANCE DESIGNATING THE KEMLER HOUSE AT 703 RAYMOND STREET AS A HISTORICAL LANDMARK WHEREAS, the Elgin Heritage Commission has conducted a public hearing and determined that the Kemler House at 703 Raymond Street meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation of an historical landmark; and JANUARY 14, 2009 VOLUME LXXIV 26 WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the Kemler House at 703 Raymond Street has been identified by the Elgin Heritage Commission, as a significant historical and architectural structure within the City of Elgin due to its connection to prominent Elgin citizens and its significant architectural and structural design; and WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin’s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate the Kemler House at 703 Raymond Street as a historical landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Kemler House at 703 Raymond Street, located upon the property legally described as follows: Lots 1 and 2 in Block 2 of South Park Addition to Elgin, Kane County, Illinois be and is hereby designated as an historical landmark as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of the ordinance, and record a certified copy of the ordinance in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Passed: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: January 15, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV JANUARY 14, 2009 27 ORDINANCE G3-09 PASSED AMENDING TITLE 1 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO ESTABLISH PROCEDURES FOR THE ADMINISTRATIVE ADJUDICATION OF NON-VEHICULAR CODE VIOLATIONS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G3-09 AN ORDINANCE AMENDING TITLE 1 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO ESTABLISH PROCEDURES FOR THE ADMINISTRATIVE ADJUDICATION OF NON-VEHICULAR CODE VIOLATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 1 of the Elgin Municipal Code, 1976, as amended, entitled “General Provisions,” be and is hereby amended by creating Chapter 1.25, entitled, “Administrative Adjudication of Non-Vehicular Code Violations,” to read as follows: SECTION: 1.25.010: Purpose, Reservation of Right; Authority 1.25.020: Administrative Composition 1.25.030: Procedures 1.25.040: Administrative Hearings 1.25.050: Representation at Hearings 1.25.060: Fines; Compliance Bond 1.25.070: Violations of Orders 1.25.080: Administrative Review 1.25.090: Judgment and Collection 1.25.100: Election of Remedies Non-Exclusive 1.25.010: PURPOSE; RESERVATION OF RIGHT; AUTHORITY: The purpose of this Chapter is to provide a fair and efficient method of enforcing the City's regulations through administrative adjudication of charges of non-vehicular violations of this Code. All provisions of this Code may be enforced through the administrative adjudication system, provided the system shall have no authority to impose a penalty of incarceration or adjudicate an offense under the Illinois Motor Vehicle Code which is a traffic regulation governing moving vehicles, or to impose a fine in excess of $50,000.00. The City reserves its right to employ all other means and methods available under the law to enforce this Code, including direct application to the courts. JANUARY 14, 2009 VOLUME LXXIV 28 Pursuant to the authority conferred by section 1-2.1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/1-2.1-1, et seq.) which authorizes home rule municipalities to provide by ordinance for a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois Constitution, the City hereby creates a system of administrative adjudication for charges of violations of this Code. The City hereby adopts 65 ILCS 5/1-2.1-1, et seq., as amended from time to time. In the event of conflict between said statutes and this Chapter, the Chapter shall prevail. The adoption of this Chapter does not preclude the City from using other lawful methods to enforce the provisions of this Code. 1.25.020: ADMINISTRATIVE COMPOSITION: The system of administrative adjudication of non-vehicular regulations violations shall be composed of a Code hearing unit which shall be comprised of a hearing officer, and may include any one or more of the following: an administrator, a computer operator/system coordinator and hearing room personnel (deputy), with the power, authority and limitations as are hereinafter set forth: A. Powers of the Hearing Officer. The hearing officer shall have all of the powers granted to hearing officers under State law, set forth at section 1-2.1-4 of the Illinois Municipal Code (65 ILCS 5/1-2.1-4), as amended, the provisions of which are incorporated herein by this reference, including the power to: 1. Preside over all administrative hearings as the adjudicator. 2. Administer oaths. 3. Hear testimony and accept evidence that is relevant to the existence of the Code violation. 4. Issue subpoenas to secure the attendance of witnesses and the production of relevant papers or documentation upon the request of the parties or their representatives. 5. Rule upon objections and the admissibility of evidence. 6. Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing. 7. Issue a determination, based on the evidence presented at the hearing, of whether a Code violation exists. The determination shall be in writing and shall include a written finding of fact, decision, and order setting forth the fine, penalty, or action with which the person found liable must comply. 8. Impose penalties consistent with applicable Code provisions and assess costs VOLUME LXXIV JANUARY 14, 2009 29 upon finding a party liable for the charged violation. Notwithstanding those violations for which the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.), as amended, limits the fine or penalty to seven hundred fifty dollars ($750.00), the hearing officer shall have the authority to impose fines and penalties up to fifty thousand dollars ($50,000.00). When applicable, each day a Code provision is found to have been violated by the defendant shall constitute a separate offense, and each separate offense subjects the respondent to the penalty provided by the governing penalty provision. In addition to imposing penalties consistent with applicable Code provisions and assessing costs upon finding a party liable for the charged violation, the hearing officer may: a. Impose, in addition to fines, administrative and/or enforcement costs and when applicable, imposing costs incurred by the City for effecting compliance with Code provision(s) for which a defendant has been found liable. b. Order, notwithstanding fines imposed or costs assessed, the defendant to comply with Code provision(s) found to have been violated, and, if appropriate, ordering the respondent to post a compliance bond as provided by subsection 1.25.060 of this Chapter. c. Order, regardless of fines imposed or costs assessed, the defendant to perform a term of community service. 9. In no event shall a hearing officer have the authority to: a. Impose a penalty of incarceration. b. Impose a fine in excess of fifty thousand dollars ($50,000.00). c. The maximum monetary fine under subsection (b), above, shall be exclusive of costs of enforcement or costs imposed to secure compliance with the Code and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the City. B. Powers of the Administrator. The administrator shall be empowered and is authorized and directed to: 1. Operate and manage this system of administrative adjudication of non- vehicular Code violations. 2. Adopt, distribute and process Code violation notices and other notices as may be required to carry out the purpose of this Chapter. 3. Collect monies paid as fines and/or penalties assessed after a final determination of a Code violation. JANUARY 14, 2009 VOLUME LXXIV 30 4. Promulgate rules and regulations reasonably required to operate and maintain this administrative adjudication system. 5. Collect unpaid fines and penalties and otherwise pursue all post-judgment remedies available under law. 6. Compromise or otherwise settle violation notices prior to a hearing date. However, any such compromise should be made of record by the administrator on the date the violation notice was scheduled to appear for hearing, with an explanation by the Administrator as to the reasons for such compromise. The hearing officer is also required to approve any such compromise or settlement at the hearing. C. Powers of the System Coordinator. The system coordinator/computer operator shall operate and maintain computer programs for the administrative adjudication system created hereunder, on a day-to-day basis, including but not limited to: 1. Input of violation notice information. 2. Input of hearing and notice dates. 3. Input of fine and penalty assessments and payments. 4. Issuance of receipts for payment. 5. Issuance of succeeding notices of hearing dates or court dates and/or final determination of liability as directed by the administrator or by the hearing officer in accordance with the provisions hereinafter set forth. 6. Maintenance of accurate records of appearances and non-appearances at administrative hearings, pleas entered, fines and penalties assessed and paid. D. Powers of the Hearing Room Personnel. The hearing room personnel shall be full- time, part-time or auxiliary police officers. The hearing room personnel shall: 1. Maintain hearing room decorum. 2. Have and carry out such authority as is granted to courtroom deputies of the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 3. Perform such other duties or acts as may reasonably be required to maintain hearing room decorum as directed by the Hearing Officer or the Administrator. E. Selection and Appointment of Personnel. The persons who shall hold the positions of hearing officer, administrator, computer operator/systems VOLUME LXXIV JANUARY 14, 2009 31 coordinator, and hearing room personnel under this Chapter shall be selected, and appointed according to the following procedures: 1. The hearing officers shall be appointed by the city manager and shall serve pursuant to the terms set forth in an employment agreement for such services as determined by the city manager. Hearing officers shall be subject to removal at the sole discretion of the city manager. 2. In making selections, the city manager shall consider all pertinent information, including at a minimum: a. Candidate's ability to comply with the job descriptions as set forth herein; and b. Background and performance date made available to the city manager on file with the City, or otherwise obtained by the City; and c. Whether the candidate meets the statutory criteria as an attorney licensed to practice law in the State of Illinois for at least three (3) years. 3. Administrator, System Coordinator and Hearing Room Personnel: a. The city manager shall assign the duties of administrator, system coordinator and hearing room personnel to City employees. F. Compensation. The compensation to be paid for the hearing officer shall be established annually by the city manager. G. Training of Personnel. Prior to a hearing officer conducting these administrative adjudication proceedings, the hearing officer must either: 1. Demonstrate a minimum of three years experience as a hearing officer for a program of administrative adjudication of violations of non-vehicular regulations; or 2. Successfully complete a formal training program pursuant to section 1-2.1-4(c) of the Illinois Municipal Code (65 ILCS 5/1-2.1-4(c)), as amended. 1.25.030: PROCEDURES: The system of administrative adjudication of non-vehicular regulations violations shall be conducted in accordance with the following procedures to assure defendants are afforded due process of law: A. Issuance of Violation Notices. Code violation notices may be issued by any authorized person and shall contain information and shall be served, certified and JANUARY 14, 2009 VOLUME LXXIV 32 have evidentiary value as hereinafter stated. Certain violation notices may be issued in the form of a "C" ticket allowing the recipient to pay the stated fine prior to any hearing. If the recipient fails to pay the required fine within the allotted time under the "C" ticket, the violation notice will be processed through the administrative adjudication system as otherwise provided for in this Chapter. B. Authorization. All full-time, part-time and auxiliary police officers and other specifically appointed individuals including, but not limited to, the City's code official (Community Development Group Director) and his or her designees, including but not limited to, code enforcement officers and building inspectors, shall have the authority to issue violation notices. C. Detection of Violations. Any individual authorized to issue a violation notice who detects a violation of any non-vehicular regulation shall issue a notice of violation thereof and shall serve the violation notice as herein provided. D. Content. Violation notices shall contain, at a minimum: 1. The date, time and place of the violation (date of issuance). 2. The particular Code section or regulation violated. 3. The common address of the building or property alleged to be in violation (the "cited property"), if applicable. 4. The signature and identification number, if applicable, of the person issuing the violation notice. 5. The date, time and place of the administrative hearing at which the charge may be contested on its merits. This date shall be no less than fifteen (15) days after the date of service of the violation notice. A hearing may be set at a date less than fifteen (15) days after the date of service of the violation in an emergency situation where the violation constitutes a threat to public interest, safety or welfare. 6. A statement of penalties for failure to appear at the hearing. 7. If the violation notice is issued as a "C" ticket, the notice shall include the amount of the fine and the date required for payment of the fine. The notice under the "C" ticket shall also apprise the recipient that the failure to pay the stated fine within the allotted time will operate to process the violation notice within the administrative adjudication system as otherwise provided for by this Chapter. E. Service of Violation Notices. Service of violation notices shall be made in a manner reasonably calculated to give the defendant actual notice, by: VOLUME LXXIV JANUARY 14, 2009 33 1. Handing a copy of the violation notice to the person charged; or 2. Delivering a copy of the violation notice to the person charged by certified mail, return receipt. Such service shall be completed as of the date of deposit in the United States Mail. 3. If a violation of Title 16 of this Code (Buildings and Construction) is alleged where the person charged is an owner or manager of the property, posting a copy on the cited property. F. Certification. The correctness of facts contained in the violation notice shall be certified by the issuing person by: 1. Signing his or her name to the violation notice at the time of issuance; or 2. In the case of a violation notice produced by a computer device, by signing a single certificate, to be kept by the administrator, attesting to the correctness of all violation notices produced by the device while under his/her control. G. Business Records. The original or complete copy of the violation notice shall be retained and kept as a record in the ordinary course of City business. H. Prima Facie Evidence. Any violation notice issued, signed and served in accordance herewith, or a complete copy of the notice, shall be deemed prima facie correct and shall be considered prima facie evidence of the facts alleged therein. I. Admissibility. The violation notices shall be admissible in any subsequent administrative or legal proceeding. 1.25.040: ADMINISTRATIVE HEARINGS: An administrative hearing shall be held to adjudicate an alleged Code violation on its merits, or to contest the validity of a violation notice. Specifically, hearings shall be held to adjudicate alleged violations of all Code sections except those that are excluded by law from the City's administrative adjudication system: A. Time and Date. Hearings shall be on the date, time and place as set forth in the violation notice issued and served. B. Recording. Hearings shall be tape recorded. C. Non-Appearance. Persons who do not appear on their scheduled hearing date shall have a default judgment entered against them. JANUARY 14, 2009 VOLUME LXXIV 34 D. Hearing Rights. Persons appearing to contest an alleged Code violation may be represented by counsel of their own choice at their own expense, may present witnesses, may present testimony and documents, may cross examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents. E. Evidentiary Standard. The formal and technical rules of evidence do not apply in an administrative hearing conducted in compliance with this Chapter. Evidence, including hearsay, may be admitted, pursuant to state law set forth at section 1- 2.1-6 of the Illinois Municipal Code (65 ILCS 5/1-2.1-6), as amended, only if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. F. Determination of Liability. Hearings shall result in a default judgment, or a determination of liability or non-liability, made by the hearing officer, who shall consider facts and/or testimony. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with this Chapter and issue a notice of final determination that shall contain, at a minimum, the following information and warnings: 1. The findings, decision and order of the hearing officer. 2. A date by which the violation must be brought into compliance with the Code. 3. A statement that the unpaid fine and any penalty assessed is a debt due and owing the City. 4. A warning that the findings, decision and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. And in the case in which a defendant fails to comply with a judgment ordering the correction of a Code violation or imposing any fine or other sanction as a result of the Code violation, a statement that any expenses incurred by the City to enforce the judgment, including but not limited to, attorneys' fees, court costs and costs related to property demolition or foreclosure, shall be a debt due and owing the City and may be collected in accordance with applicable law. 5. A notice of judgment entered by default shall be forwarded to any person who fails to appear and shall contain the same information as a determination of liability, but shall also state that the judgment may be set aside by the hearing officer if, within twenty-one (21) days of issuance of the judgment, a petition is received stating what the hearing officer determines is good cause for failure to appear. The hearing officer, upon making a determination of good cause shall, within the twenty-one (21) day period, provide the petitioner with notice of a new hearing date or denial of the petition. The default judgment shall state that it shall constitute a final determination of liability if such petition is not received, if the VOLUME LXXIV JANUARY 14, 2009 35 petition is denied or if after setting of a new hearing date the person fails to appear. G. Final Determination. The determination of liability shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law (735 ILCS 5/3-101, et seq.), as amended. 1.25.050: REPRESENTATION AT HEARINGS: A. City Representation. The case for the City may be presented by a city employee, or by an attorney designated by the corporation counsel, but not by an employee or other representative of the code hearing unit, subject to the following exception: Documentary evidence prepared by another department of the City and submitted to the code hearing unit may be presented at the hearing by the hearing officer. B. Defendant Representation. The case for the defendant may be presented by the defendant or by an attorney or agent of the defendant. An attorney or agent appearing at an administrative hearing on behalf of a defendant shall present the hearing officer with a signed appearance form stating, on oath or affirmation, that he or she has been authorized by the defendant to represent the defendant at the hearing. 1.25.060: FINES; COMPLIANCE BOND: A. All fines and other monies to be paid to the City in accordance with this Chapter shall be remitted to the City and deposited in the appropriate City account as designated by the city manager. B. To ensure that Code violations are remedied in a timely manner, the hearing officer, upon issuing a determination of liability that includes an order of compliance, may order the defendant in the case to obtain a bond to ensure defendant’s timely compliance with the Code provision(s) found to have been violated. Any bond ordered pursuant to this subsection shall name the City as beneficiary and shall be in the amount specified by the hearing officer, provided that the amount of the bond shall be reasonably related to the cost of compliance. Any bond issued as a result of the hearing officer's order is subject to review and modification by the city manager as to form and amount. If the defendant fails to remedy in a timely manner the Code violation(s) for which a bond has been ordered and issued and the City undertakes remediation or otherwise expends funds related to the code violation(s) for which a bond has been ordered and issued, the hearing officer, after giving the parties notice and opportunity to be heard, may issue an order permitting the City to draw against the bond in an appropriate amount. The hearing officer shall order the bond amount, less the reasonable costs incurred by the City, returned to the defendant upon proof of compliance with the Code provision(s) found to have been violated. JANUARY 14, 2009 VOLUME LXXIV 36 C. In the event a defendant ordered to secure a bond as provided by subsection B of this section seeks judicial review of that portion of the hearing officer's order requiring a bond and prevails on that issue, the City shall release the bond, and if the City has drawn against the bond, the City shall refund to the defendant the total amount drawn within thirty (30) days of receiving a copy of the reviewing court's mandate. 1.25.070: VIOLATIONS OF ORDERS: Any person, having received notice and an opportunity for a hearing as provided in this Chapter, who knowingly fails to comply with an order issued by the hearing officer under this Chapter, including the issuance of a subpoena, shall, if the order is not stayed by a court of competent jurisdiction prior to its effective date, be guilty of contempt. Contempt shall be enforceable only by the judicial system of the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois, or the Circuit Court of Cook County, and shall be punishable by applicable law. Each day that the violation continues shall be considered a separate and distinct offense. In a prosecution under this section, it shall not be a defense that a person came into compliance with an order, sought judicial review of it, or made efforts to comply with an order, subsequent to its effective date 1.25.080: ADMINISTRATIVE REVIEW: The administrative review of final determinations issued by the hearing officer under this Chapter shall be subject to the provisions of the Illinois Administrative Review Law (735 ILCS 5/3-101, et seq.), as amended, which sections are incorporated herein by reference. 1.25.090: JUDGMENT AND COLLECTION: A. Enforcement. Upon expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a Code violation, unless stayed by a court of competent jurisdiction, the findings, decision and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. B. Court Costs, Attorneys' Fees and Costs of Collection. In any case in which a person has failed to comply with a hearing officer's judgment ordering the correction of a Code violation or imposing any fine or other sanction as a result of a Code violation, any expenses incurred by the City to enforce the judgment, including, but not limited to, attorneys' fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or by the hearing officer shall be a debt due and owing the City and may be collected in accordance with applicable law. 1. Prior to any expenses being fixed by the hearing officer pursuant to this subsection, the City shall provide notice to the person that states that the person shall appear at a hearing before the hearing officer to determine whether the VOLUME LXXIV JANUARY 14, 2009 37 person has failed to comply with the judgment. The notice shall set the date for such hearing, which shall not be less than seven (7) days from the date that notice is served. If notice is served by mail, the seven (7)-day period shall begin on the date the notice was deposited in the mail. 2. Upon being recorded in the manner required by Article 12 of the Code of Civil Procedure (735 ILCS 5/12-101 et seq.), as amended, or by the Uniform Commercial Code, as amended, a lien shall be imposed on the real estate or personal estate, or both, of the person in the amount of any debt due and owing the City under this Section. The lien may be enforced in the same manner as a judgment lien would be enforced in a court of competent jurisdiction. 1.25.100: ELECTION OF REMEDIES NON-EXCLUSIVE: Nothing contained in this Chapter shall prevent the City from pursuing all available remedies, allowed by law, to collect money judgments. Section 3. That Title 1 of the Elgin Municipal Code, 1976, as amended, entitled “General Provisions,” be and is hereby amended by amending Chapter 1.20, entitled, “General Penalty; Citations,” to amend section 1.20.020A to read as follows: A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the City shall be guilty of an offense. Except in cases where a different penalty is prescribed by any ordinance of the City, any person convicted of an offense under the ordinances of Elgin shall be punished by a fine of not less than fifty dollars ($50.00) nor more than a fine of seven hundred and fifty dollars ($750.00). Section 4. That Title 1 of the Elgin Municipal Code, 1976, as amended, entitled “General Provisions,” be and is hereby amended by amending Chapter 1.20, entitled, “General Penalty; Citations,” to delete section 1.20.030 in its entirety. Section 5. That Title 1 of the Elgin Municipal Code, 1976, as amended, entitled “General Provisions,” be and is hereby amended by amending Chapter 1.20, entitled, “General Penalty; Citations,” to delete section 1.20.040 in its entirety. Section 6. That Title 1 of the Elgin Municipal Code, 1976, as amended, entitled “General Provisions,” be and is hereby amended by amending Chapter 1.20, entitled, “General Penalty; Citations,” to delete section 1.20.050 in its entirety. Section 7. That Title 1 of the Elgin Municipal Code, 1976, as amended, entitled “General Provisions,” be and is hereby amended by amending Chapter 1.20, entitled, “General Penalty; Citations,” to delete section 1.20.060 in its entirety. Section 8. 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 JANUARY 14, 2009 VOLUME LXXIV 38 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 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 10. That this ordinance shall be in full force and effect on May 1, 2009 upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Passed: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: January 15, 2009 Published: January 16, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G4-09 PASSED AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO ESTABLISH PROCEDURES FOR AUTOMATED TRAFFIC LAW ENFORCEMENT AND THE ADMINISTRATIVE ADJUDICATION OF VIOLATIONS UNDER SUCH ENFORCEMENT SYSTEM Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV JANUARY 14, 2009 39 Ordinance No. G4-09 AN ORDINANCE AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO ESTABLISH PROCEDURES FOR AUTOMATED TRAFFIC LAW ENFORCEMENT AND THE ADMINISTRATIVE ADJUDICATION OF VIOLATIONS UNDER SUCH ENFORCEMENT SYSTEM BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled “Vehicles and Traffic,” be and is hereby amended by creating Chapter 11.63, entitled, “Automated Traffic Law Enforcement and Administrative Adjudication,” to read as follows: SECTION: 11.63.010: Authorization 11.63.020: Definitions 11.63.030: System Established 11.63.040: Office of Administrator Established 11.63.050: Determination Required 11.63.060: Violation Notice 11.63.070: Opportunity for Hearing 11.63.080: Final Determination 11.63.090: Determination Notice 11.63.100: Petition to Set Aside 11.63.110: Suspension Notice 11.63.120: Challenge to Certified Report 11.63.130: Non-Resident of City 11.63.140: Penalty 11.63.010: AUTHORIZATION: Establishing automated traffic law enforcement systems at specified intersections in the City of Elgin at which traffic is controlled by signals exhibiting different colored lights or color-lighted arrows will benefit the public health, safety and welfare by deterring drivers from entering those intersections in violation of red light signals, thereby decreasing the potential for personal injury and property damage due to vehicle collisions caused by red light violations. The City has entered into agreements with Redflex Traffic Systems, Inc. for the design and implementation of a system of automated traffic law enforcement and for services related to the system. The city manger has been, and is by this ordinance duly authorized and directed to execute such system and service agreements with Redflex Traffic Systems, Inc. binding the City to terms of those respective agreements. The city clerk has been, and is by this ordinance duly authorized and directed to attest to the city manager’s signature on such agreements as is necessary. JANUARY 14, 2009 VOLUME LXXIV 40 11.63.020: DEFINITIONS: As used in this chapter, words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended: “Administrator” means the City’s traffic control administrator. “Automated Traffic Law Violation” means a violation described in section 11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.6), as amended. “Automated Traffic Law Enforcement System” means a device with one (1) or more motor vehicle sensors working in conjunction with a red light signal to produce Recorded Images of motor vehicles entering an intersection against a red light signal in violation of section 11-306 of the Illinois Vehicle Code (625 ILCS 5/6-306.5), as amended, or a similar provision of the Elgin Municipal Code. “Certified Report” means a report concerning five (5) or more unpaid fines or penalties for Automated Traffic Law Violations made by the City to the Illinois Secretary of State in accordance with section 6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-306.5), as amended. “City” means the City of Elgin, Kane and Cook Counties, Illinois. “Determination Notice” means a notice of final determination of Automated Traffic Law Violation liability issued pursuant to section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), as amended, and pursuant to the provisions of this Chapter. “Illinois Vehicle Code” means the Illinois Vehicle Code (625 ILCS 5/1-100, et seq.), as amended. “Recorded Images” means images showing the time, date and location of an Automated Traffic Law Violation recorded by an Automated Traffic Law Enforcement System on: (i) two (2) or more photographs; (ii) two (2) or more microphotographs; (iii) two (2) or more electronic images; or, (iv) a video recording showing the motor vehicle and, on at least one (1) image or portion of the recording, clearly identifying the registration plate number of the motor vehicle. “Secretary” means the Illinois Secretary of State. “Suspension Notice” means a notice of impending driver’s license suspension issued pursuant to section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), as amended, and pursuant to the provisions of this Ordinance. “System” means, individually, an Automated Traffic Law Enforcement System or, collectively, Automated Traffic Law Enforcement Systems established in the City VOLUME LXXIV JANUARY 14, 2009 41 pursuant to the authorizations in this Chapter. “Violation Notice” means an Automated Traffic Law Violation notice issued pursuant to section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), as amended, section 11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.6), as amended, and pursuant to the provisions of this Chapter. 11.63.030: SYSTEMS ESTABLISHED: The City hereby establishes a System at all intersections within the corporate limits that are regulated by authorized traffic control signals pursuant to a schedule devised by City staff. 11.63.040: OFFICE OF ADMINISTRATOR ESTABLISHED: There is hereby established the office of the Administrator, which shall be designated by the city manager. The Administrator or his or her designee shall be authorized to adopt, distribute and process Violation Notices and other notices required by section 11-208.3 of the Illinois Vehicle Code, collect money paid as fines and penalties for Automated Traffic Law Violations and operate an administrative adjudication system for Automated Traffic Law Violations. The Administrator is also authorized to make a Certified Report to the Secretary pursuant to section 6-306.5 of the Vehicle Illinois Vehicle Code, and any such Certified Report shall contain the information required under Section 6-306.5(c) of the Illinois Vehicle Code. 11.63.050: DETERMINATION REQUIRED: Before a citation may be issued for any Automated Traffic Law Violation, a determination must be made by a technician employed or contracted by the City that, based on inspection of Recorded Images generated by the System, the motor vehicle was being operated in violation of Section 11-208.6 of the Illinois Vehicle Code or an ordinance of the City. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle, a citation shall not be issued. 11.63.060: VIOLATION NOTICE: A Violation Notice shall be served by mail to the address of the registered owner of a vehicle cited for an Automated Traffic Law Violation as recorded with the Secretary within thirty (30) days after the Secretary notifies the City of the identity of the owner of the vehicle, but in no event later than ninety (90) days after the violation. Service of a Violation Notice shall be deemed complete as of the date of deposit in the United States mail. The original or a facsimile of a Violation Notice or, in the case of a Violation Notice produced by a computerized device, a printed record generated by the device showing the facts entered on the Violation Notice, shall be retained by the Administrator, and shall be a record kept in the ordinary course of business. A Violation Notice issued, JANUARY 14, 2009 VOLUME LXXIV 42 signed and served in accordance with this Chapter and section 11-208.3 of the Illinois Vehicle Code, a copy of the Violation Notice or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the Violation Notice. The Violation Notice, copy or computer generated record shall be admissible in any subsequent administrative or legal proceedings. 11.63.070: OPPORTUNITY FOR HEARING: A. The registered owner of the vehicle cited in a Violation Notice shall have the opportunity for a hearing in which said owner may contest the merits of the alleged violation. The lessee of a vehicle cited in a Violation Notice likewise shall be afforded the opportunity for a hearing of the same kind afforded the registered owner. B. The hearing officer shall be appointed by the city manager and shall serve pursuant to the terms set forth in an employment agreement for such services as determined by the city manager. Hearing officers shall be subject to removal at the sole discretion of the city manager. C. The formal or technical rules of evidence shall not apply at any such hearing. D. Such hearings shall be recorded, and the hearing officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at such a hearing may be represented by counsel at their own expense. 11.63.080: FINAL DETERMINATION: A final determination of Automated Traffic Law Violation liability shall occur following failure to pay the fine or penalty after a hearing officer’s determination of violation liability. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer’s determination of violation liability shall become final: (i) upon denial of a timely petition to set aside that determination; or (ii) upon expiration of the period for filing such a petition without a filing having been made. 11.63.090: DETERMINATION NOTICE: A Determination Notice shall be sent following a final determination of Automated Traffic Law Violation liability and the conclusion of judicial review procedures taken under section 11-208.3 of the Illinois Vehicle Code. A Determination Notice shall be sent by first class, United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database or, under section 11-1306 of the Illinois Vehicle Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the VOLUME LXXIV JANUARY 14, 2009 43 time of the lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office database. Service of the Determination Notice shall be deemed complete as of the date of deposit in the United States Mail. 11.63.100: PETITION TO SET ASIDE: A person owing an unpaid fine or penalty for Automated Traffic Law Violation penalty may file a petition to set aside a final determination of such liability within ten (10) days after service by the City of a Determination Notice. Such a petition shall be filed by sending the same, together with any documentation in support thereof, to the Administrator by certified mail, return receipt requested, or by personal delivery to the Administrator. The grounds for such a petition shall be limited to: (i) the person not having been the owner or lessee of the cited vehicle on the date the Violation Notice was issued; (ii) the person having already paid the fine or penalty for the violation in question; and (c) excusable failure to appear at or request a new date for a hearing. A hearing on such a petition shall be held within thirty (30) days after the filing of same. In the event that such a petition is granted upon a showing of just cause, and the subject determination of Automated Traffic Law Violation liability is thereby set aside, the registered owner shall be provided with a hearing on the merits for that violation. 11.63.110: SUSPENSION NOTICE: A Suspension Notice shall be sent to the person liable for any fine or penalty that remains due and owing on five (5) or more unpaid Automated Traffic Law Violations. The Suspension Notice shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. Service of a Suspension Notices hall be deemed complete as of the date of deposit in the United States mail. 11.63.120: CHALLENGE TO CERTIFIED REPORT: If the Administrator provides a Suspension Notice to a vehicle owner and subsequently makes a Certified Report to the Secretary, the subject vehicle owner may challenge the accuracy of the Certified Report in writing. To do so, the vehicle owner must submit to the Administrator a written statement under oath, together with any supporting documentation, establishing one of the following grounds for challenging the accuracy of the Certified Report: (i) that the person was not the owner or lessee of the subject vehicle or vehicles receiving five (5) or more Automated Traffic Law Violations on the date or dates such Violation Notices were issued; or (ii) that the person already paid the fines or penalties for the five (5) or more Automated Traffic Law Violations indicated on the Certified Report. Such statement and supporting documentation must be sent to the Administrator by certified mail, return receipt requested, or hand-delivered to the Administrator within five (5) days after the person receives notice from the Secretary that that the person’s driver’s license will be suspended at the end of a specified period of JANUARY 14, 2009 VOLUME LXXIV 44 time unless the Secretary is presented with a notice from the City certifying that the fines or penalties due and owing have been paid or that the inclusion of the person’s name on the Certified Report was in error. 11.63.130: NON-RESIDENT OF CITY: A non-resident of the City who receives a Violation Notice may contest the merits of the alleged Automated Traffic Law Violation without attending a hearing by sending a signed statement, under oath, together with any supporting documentation, to the Administrator via certified mail, return receipt requested, within ten (10) days after service of the Violation Notice. Such a statement shall set forth the reasons why a finding of liability should not be entered. The Administrator shall rule on such a statement within ten (10) days after receipt of same, and shall inform the non-resident of his or her decision within ten (10) days thereafter. 11.63.140: PENALTY: Unless the driver of the motor vehicle cited for an Automated Traffic Law Violation received a Uniform Traffic Citation from a police officer at the time of the violation, the owner of the motor vehicle shall be subject to a penalty of seventy-five dollars ($75) per violation. In the event that such penalty is not paid within fourteen (14) days after service of a Violation Notice, the penalty shall be increased to one hundred dollars ($100). Section 2. That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled “Vehicles and Traffic,” be and is hereby amended by amending Chapter 11.62, entitled, “Administrative Adjudication,” to amend the first paragraph of section 11.62.040B to read as follows: B. Hearing Officer: The hearing officers shall be appointed by the city manager and shall serve pursuant to the terms set forth in an employment agreement for such services as determined by the city manager. Hearing officers shall be subject to removal at the sole discretion of the city manager. To ensure the efficient operation of the administrative hearings, the city manager may appoint more than one hearing officer. A hearing officer shall: 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. VOLUME LXXIV JANUARY 14, 2009 45 Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Passed: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: January 15, 2009 Published: January 16, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-12 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (302 WEST CHICAGO STREET) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-12 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (302 W. Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with George J. Schober, for the purchase of property commonly known as 302 W. Chicago Street, Elgin, for $220,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JANUARY 14, 2009 VOLUME LXXIV 46 Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Hotel/Motel Tax Report Telecommunications Tax Report Committee of the Whole Minutes for December 3, 2008 City Council Minutes for December 3, 2008 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 7:42 p.m. s/ Diane Robertson January 28, 2009 Diane Robertson, City Clerk Date Approved