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Home My WebLink Aboutu - November 4, 2009 CC707 VOLUME LXXIV NOVEMBER 4, 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 November 4, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The Invocation was given by Reverend Clem McCullough from the Second Baptist Church of Elgin and the Pledge of Allegiance was led by Councilmember Dave Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE OCTOBER 28, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the October 28, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS Mayor Schock recognized Eleanor Richoz on the occasion of her eighty-fifth birthday. Mayor Schock read a Veteran’s Day Proclamation that was accepted by Representative Keith Farnum, Eugene Banke, and Councilmember Dunne. RECOGNIZE PERSONS PRESENT Mike Curtin stated that the Southwest Area Neighborhood would like to be the first sustainable neighborhood in Elgin. He said the organization has access to free oak trees, but they need to place the order by January. He also said that he has interest in establishing a small scale nursery somewhere in the city. If anyone is interested in further information, they can contact him. Lauri Faith Gibson-Aiello thanked council for looking into the zoo situation. She stated that the citizen committee will be meeting with staff in the near future to present their suggestions. She said they have met with Aurora officials and have exchanged various ideas with them. NOVEMBER 4, 2009 VOLUME LXXIV 708 Dan Kairis of South Elgin said that he has filed a lawsuit in circuit court regarding the parking ordinance and the appeal process. He said he wanted the Council to be aware that the City of Elgin Legal Department is representing the appeals hearing officer, who is an outside contractor. He felt there might be a problem with taxpayer money defending a private contractor. Lila Lahalik asked about the status of the pit bull issue. Mayor Schock replied that staff was preparing a recommendation. AUTHORIZATION APPROVED FOR THE STATE BID CONTRACT PURCHASE OF 45 MOBILE DATA COMPUTERS FROM CDS OFFICE TECHNOLOGIES FOR POLICE AND FIRE VEHICLES ALONG WITH A FIVE YEAR SERVICE AGREEMENT INCLUDING INSTALLATION Councilmember Steffen made a motion, seconded by Councilmember Warren, to authorize the State Bid Contract purchase of 45 Mobile Data Computers for Police and Fire department vehicles from CDS Office Technologies in the amount of $256,296.75, along with a five year service agreement including installation. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, AND AMENDMENTS TO THE PLANNED DISTRICT ORDINANCE TO INTRODUCE AN ADDITIONAL LAND USE WITHIN THE CAPITAL CORPORATE CENTER SUBDIVISION; PROPERTY LOCATED AT 1760 CAPITAL STREET, BY GLENN MANAGEMENT OF NORTHBROOK, INC., AS APPLICANTS AND ABCP INVESTMENTS, LLC, AS OWNERS (PETITION 19-09) Mayor Schock declared the public hearing open. Community Development Director Deering stated this petition was for a proposed additional land use, specifically a skilled nursing facility. This petition is applicable to only the one lot. Peter Bazos, attorney for the petitioner, was introduced and he stated that the petitioner would like to build a skilled nursing facility on Lot 2. There being no other comments from the audience, Mayor Schock declared the public hearing closed. VOLUME LXXIV NOVEMBER 4, 2009 709 PETITION 19-09 APPROVED REQUESTING APPROVAL OF A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, AND AMENDMENTS TO THE PLANNED DISTRICT ORDINANCE TO INTRODUCE AN ADDITIONAL LAND USE WITHIN THE CAPITAL CORPORATE CENTER SUBDIVISION; PROPERTY LOCATED AT 1760 CAPITAL STREET, BY GLENN MANAGEMENT OF NORTHBROOK, INC., AS APPLICANTS AND ABCP INVESTMENTS, LLC, AS OWNERS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve Petition 19-09 subject to conditions. Councilmember Dunne asked what impact this facility would place on emergency medical services. A representative of the company responded that the facility would be for short-term rehabilitation. She estimated there might be five to seven calls a month. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-238 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT WITH RANDALL 90, LLC, ET AL. FOR DEVELOPMENT OF AN AUTO MALL Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to amend the following resolution by changing the payment advance to a loan with interest terms similar to those that have been offered to residents who wish to participate in the overhead sewer program. The terms would be the first year interest free, followed by an interest rate set by the twenty year, buyer bond index until the loan is complete. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, and Kaptain. Nays: Councilmembers Prigge, Steffen, Warren, and Mayor Schock. Councilmember Warren made a motion, seconded by Councilmember Prigge, to adopt the following resolution as originally proposed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Prigge, Steffen, Warren, and Mayor Schock. Nays: Councilmember Kaptain. Resolution No. 09-238 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT WITH RANDALL 90, LLC, ET AL. FOR DEVELOPMENT OF AN AUTO MALL 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 Development Agreement on behalf of the City of Elgin with Randall 90, NOVEMBER 4, 2009 VOLUME LXXIV 710 LLC et al. for development of an Auto Mall, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Adopted: November 4, 2009 Vote: Yeas: 6 Nays: 1 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-239 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING PUBLIC IMPROVEMENTS IN THE RANDALL ROSE AUTO MALL SUBDIVISION Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-239 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING PUBLIC IMPROVEMENTS IN THE RANDALL ROSE AUTO MALL SUBDIVISION 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 an agreement on behalf of the City of Elgin regarding public improvements in the Randall Rose Auto Mall Subdivision, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV NOVEMBER 4, 2009 711 Presented: November 4, 2009 Adopted: November 4, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Chicago District Golf Association Lemont, IL $13,673.80 August and September Advertisements in the Chicago District Golfer Magazine CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G60-09 and G61-09, and adopt Resolution Nos. 09-231 through 09-237 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-231 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2010 Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-231 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of city council meetings for 2010 shall be as follows: NOVEMBER 4, 2009 VOLUME LXXIV 712 ELGIN CITY COUNCIL MEETINGS FOR 2010 Committee of the Whole January 13, 2010 6:00 PM City Council January 13, 2010 7:00 PM Committee of the Whole January 27, 2010 6:00 PM City Council January 27, 2010 7:00 PM Committee of the Whole February 10, 2010 6:00 PM City Council February 10, 2010 7:00 PM Committee of the Whole February 24, 2010 6:00 PM City Council February 24, 2010 7:00 PM Committee of the Whole March 10, 2010 6:00 PM City Council March 10, 2010 7:00 PM Committee of the Whole March 31, 2010 6:00 PM City Council March 31, 2010 7:00 PM Committee of the Whole April 14, 2010 6:00 PM City Council April 14, 2010 7:00 PM Committee of the Whole April 28, 2010 6:00 PM City Council April 28, 2010 7:00 PM Committee of the Whole May 12, 2010 6:00 PM City Council May 12, 2010 7:00 PM Committee of the Whole May 26, 2010 6:00 PM City Council May 26, 2010 7:00 PM Committee of the Whole June 9, 2010 6:00 PM City Council June 9, 2010 7:00 PM Committee of the Whole June 23, 2010 6:00 PM City Council June 23, 2010 7:00 PM Committee of the Whole July 14, 2010 6:00 PM City Council July 14, 2010 7:00 PM Committee of the Whole July 28, 2010 6:00 PM City Council July 28, 2010 7:00 PM Committee of the Whole August 11, 2010 6:00 PM City Council August 11, 2010 7:00 PM Committee of the Whole August 25, 2010 6:00 PM City Council August 25, 2010 7:00 PM Committee of the Whole September 8, 2010 6:00 PM City Council September 8, 2010 7:00 PM Committee of the Whole September 22, 2010 6:00 PM VOLUME LXXIV NOVEMBER 4, 2009 713 City Council September 22, 2010 7:00 PM Committee of the Whole October 13, 2010 6:00 PM City Council October 13, 2010 7:00 PM Committee of the Whole October 27, 2010 6:00 PM City Council October 27, 2010 7:00 PM Committee of the Whole November 3, 2010 6:00 PM City Council November 3, 2010 7:00 PM Committee of the Whole November 17, 2010 6:00 PM City Council November 17, 2010 7:00 PM Committee of the Whole December 1, 2010 6:00 PM City Council December 1, 2010 7:00 PM Committee of the Whole December 15, 2010 6:00 PM City Council December 15, 2010 7:00 PM BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the foregoing city council meetings shall be held in the city council chambers in City Hall at 150 Dexter Court, Elgin, Illinois 60120. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Adopted: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-232 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF ILLINOIS FOR A PART-TIME DOMESTIC VIOLENCE CASE WORKER Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. NOVEMBER 4, 2009 VOLUME LXXIV 714 Resolution No. 09-232 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF ILLINOIS FOR A PART-TIME DOMESTIC VIOLENCE CASE WORKER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a grant agreement in the amount of $12,000 on behalf of the City of Elgin with the Attorney General of the State of Illinois for a part-time domestic violence case worker, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Adopted: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-233 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OFF-SITE WATER MAIN IMPROVEMENTS IN THE EDGEWATER SUBDIVISION Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-233 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OFF-SITE WATER MAIN IMPROVEMENTS IN THE EDGEWATER SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the off-site water main improvements in the Edgewater Subdivision. VOLUME LXXIV NOVEMBER 4, 2009 715 Acceptance of these improvements will add the following infrastructure to the City maintained facilities: Phase 1 6” diameter water main……………. 90 linear feet 12” diameter water main…………… 3,060 linear feet 12” valve & vault………………….. 8 each Fire hydrants with auxiliary valve ….11 each Phase 2 12” diameter water main…………… 5,350 linear feet 12” valve & vault………………….. 8 each Fire hydrants with auxiliary valve ….18 each s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Adopted: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-234 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH LANDMARK CONTRACTORS FOR THE FRAZIER AVENUE LOWERING PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-234 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH LANDMARK CONTRACTORS FOR THE FRAZIER AVENUE LOWERING PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Landmark Contractors for the Frazier Avenue Lowering Project; and NOVEMBER 4, 2009 VOLUME LXXIV 716 WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R, Stegall, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Adopted: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-235 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MAINTENANCE COATINGS COMPANY FOR THE 2009 MOTOR FUEL TAX (MFT) PAINT/EPOXY PAVEMENT MARKING PROGRAM Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-235 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MAINTENANCE COATINGS COMPANY FOR THE 2009 MOTOR FUEL TAX (MFT) PAINT/EPOXY PAVEMENT MARKING PROGRAM WHEREAS, the City of Elgin has heretofore entered into a contract with Maintenance Coatings Company for the 2009 Motor Fuel Tax (MFT) Paint/Epoxy Pavement Marking Program; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R, Stegall, City Manager, be and is hereby authorized and VOLUME LXXIV NOVEMBER 4, 2009 717 directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Adopted: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-236 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH SINNETT BUILDERS, INC. FOR THE BOWES ROAD SALT STORAGE FACILITY SITE WORK PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-236 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH SINNETT BUILDERS, INC. FOR THE BOWES ROAD SALT STORAGE FACILITY SITE WORK PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Sinnett Builders, Inc. for the Bowes Road Salt Storage Facility Site Work Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R, Stegall, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor NOVEMBER 4, 2009 VOLUME LXXIV 718 Presented: November 4, 2009 Adopted: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-237 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING THE PROVISION OF ENVIRONMENTAL HEALTH SERVICES Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-237 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING THE PROVISION OF ENVIRONMENTAL HEALTH SERVICES 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 an Intergovernmental Agreement with the County of Kane on behalf of the City of Elgin regarding the provision of environmental health services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Adopted: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV NOVEMBER 4, 2009 719 ORDINANCE G60-09 PASSED AMENDING CHAPTER 9.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS” Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G60-09 AN ORDINANCE AMENDING CHAPTER 9.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS” WHEREAS, 65 ILCS 5/11-20-2 provides in part that the corporate authorities of each municipality may regulate the sale of all beverages and food for human consumption; and, WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois constitution; and, WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function relating to its government and affairs; and, WHEREAS, regulations relating to the operation of food stores and food service establishments within the City of Elgin pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.08 of the Elgin Municipal Code, 1976, as amended, entitled “Retail Food Stores and Food Service Establishment,” be and is hereby amended to read as follows: Chapter 9.08 RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS 9.08.010: LICENSE REQUIRED: It is unlawful to operate a food store or a food service establishment without first having obtained a license therefore, or without full compliance with the provisions of this chapter. A license shall not be transferable from one person or business to another, nor from one establishment to another at another location. A valid license is one that is not suspended, revoked or expired. NOVEMBER 4, 2009 VOLUME LXXIV 720 9.08.020: ADOPTION OF STATE REGULATIONS: The current edition of Retail Food Store Sanitation Rules And Regulations, the Food Service Sanitation Code, and the Illinois Department of Children and Family Services Standards for Daycare Centers, as published by the Illinois Department of Public Health, published in pamphlet form, is adopted as the regulations governing the sanitation procedures and controls for the storage, preparation and display of food sold within the city with such amendments as are set forth in this chapter. 9.08.030: DEFINITIONS: As used in this chapter, the following terms shall be defined as indicated in this section, unless the context clearly requires otherwise: ADULTERATED: The condition of food if it: 1. Bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; 2. Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation or in excess of such tolerance if one has been established; 3. Consists in whole or in part of filthy, putrid, or decomposed substance or if it is otherwise unfit for human consumption; 4. Has been processed, prepared, packed or held under unsanitary conditions whereby it may have become contaminated or whereby it may have been rendered injurious to health; 5. Is in whole or in part the product of a diseased animal or animal which has died other than by approved slaughter method; or, 6. Has a container that is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health. AUTHORIZED REPRESENTATIVE: A designated employee of the City of Elgin. BUILDING: Any structure which is designed, used or intended for the support, enclosure, shelter, or protection of persons, animals, or other property and which is, permanently affixed to the land. COMMISSARY: A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored. EMBARGO: To detain the sale or place a hold on the service of any food. VOLUME LXXIV NOVEMBER 4, 2009 721 EMPLOYEE: An individual having supervisory or management duties or other person working in a food service establishment. ENVIRONMENTAL HEALTH PRACTITIONER: An employee of the City of Elgin engaged in the carrying out of any activity pursuant to this chapter including but not limited to inspections and investigations. EXTERMINATION: The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, trapping or by any other recognized and legal method of pest elimination approved by the health officer or authorized representative. FOOD: Any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. FOOD ESTABLISHMENT: Any food service establishment, or retail food store, which definitions are included in the “State Of Illinois, Department Of Public Health, Division of Food, Drugs And Dairies, 2008 Food Service Sanitation Code” and subsequent editions. FOOD SERVICE MANAGER: Any person who supervises/trains a food service worker(s) to follow all food safety regulations. The manager shall have a current State of Illinois Food Service Sanitation Certificate, and have the original certificate onsite for review by the health officer or authorized representative. FOOD SERVICE WORKER: Any person, who handles, prepares, serves, sells or gives away food for consumption by persons other than his or her immediate family, or who handles utensils and equipment appurtenant thereto. The term does not include persons in establishments regulated under this code who handle food or drink exclusively in closed crates, cartons, packages, bottles or similar containers in which no portion of the food or drink is exposed to contamination through such handling. GARBAGE: Organic waste resulting from the preparation, processing, handling and storage of food and all decayed or spoiled food from any source whatsoever. HEALTH OFFICER: As used in this chapter means the code enforcement officer of the city or his or her designee. HEARING COMMITTEE: The Board of Health of the City of Elgin. HIGHLY SUSCEPTIBLE POPULATION: Persons who are more likely than other people in the general population to experience food-borne disease because they: Are immunocompromised, preschool age children or older adults; and, NOVEMBER 4, 2009 VOLUME LXXIV 722 Obtain food at a facility that provides services such as custodial care, health care, or assisted living (such as a child or adult day care center, kidney dialysis center, hospital or nursing home), or nutritional or socialization services (such as senior center). INFESTATION: The presence within a building or food establishment of any insects, rodents, vermin or other pests. LABEL: A display of written, printed or graphic matter upon the immediate container of an article. MISBRANDED: As used in this chapter means the presence of any written, printed or graphic matter, upon or accompanying containers of food, which is false or misleading, or whi ch violates an applicable state or local labeling requirement. MOBILE FOOD UNIT: A vehicle mounted mobile food service establishment designed and operated as readily movable (e.g., a mobile truck moving from location to location continuously). The unit shall return daily to a commissary for supplies, cleaning and for all servicing operations. The unit shall not have permanent potable water, wastewater, or electric connections. NON-MOBILE FOOD UNIT: A vehicle mounted mobile food service establishment designed to be stationary in a fixed location throughout the day (e.g., a trailer, etc.). The unit shall be removed from the fixed location daily to a commissary for supplies, cleaning and for all servicing operations. The unit shall be provided with permanent potable water, wastewater and electric connections at the fixed location to ensure no interruption in operation (e.g., potable water tank empty, wastewater tank full, generator malfunction, etc.). OCCUPANT: Any individual living or sleeping in a building, or having possession of space within a building. OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERMIT: A written authorization issued by the health department or its authorized representative. PERSON IN CHARGE: The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge. In addition to the foregoing, the owner shall always be considered a person in charge. POTENTIALLY HAZARDOUS FOOD: Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, VOLUME LXXIV NOVEMBER 4, 2009 723 including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms; growth and toxic production of Clostridium botulinum; or, in raw shell eggs, the growth of Salmonella enteritidis. Potentially hazardous foods includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat treated or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support the growth of infectious or toxigenic microorganisms. The term does not include foods that: Have a pH level of 4.6 or below; or, Have a water activity (aw) value of 0.85; or, Are a food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution. PRE-HEARING CONFERENCE: An informal conference between the authorized representative of the health department and the party affected by a notice pursuant to this chapter, conducted by the health officer or authorized representative. PRE-PACKAGED: Bottled, canned, cartoned, or securely wrapped. The term “pre -packaged” does not include a wrapper, carry-out box, or other non-durable container used to containerize food for the purpose of facilitating food protection during service and receipt of the food by the consumer. PROPERTY OWNER: The person in whose name legal title to the real estate is recorded including beneficiaries and/or trustees of a land trust. PUSHCART: A cart that is limited to precooked hot dogs, unshucked cooked corn, whole fresh fruit, canned beverages, condiments, and prepackaged nonpotentially hazardous food. The unit shall return daily to a commissary for supplies, cleaning and for all servicing operations. The unit shall not have permanent potable water, wastewater, or electric connections. READY-TO-EAT FOOD: Food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form. Ready-to-eat food includes, but is not limited to: Unpackaged potentially hazardous food that is cooked to the temperature and time required for specific food under Section 750.180 of the Illinois Department of Public Health Food Service Sanitation code; Washed and cut raw fruit and vegetables; Whole raw fruits and vegetables that are intended for consumption without the need for further washing, such as at a buffet, but excluding whole raw fruits and vegetables offered for retail sale; and, NOVEMBER 4, 2009 VOLUME LXXIV 724 Other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed. REVOCATION: To permanently remove a permit to operate a food service establishment or temporary food establishment. RODENTS: Rats and mice. RUBBISH: Combustible and noncombustible waste material except garbage. “Rubbish” shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, cans, metals, mineral matter, glass, crockery, and dust from similar materials. SEASONAL TEMPORARY FOOD SERVICE: Seasonal temporary events will include multiple temporary events within the city. SERVICE ACCOMMODATION: As used in this chapter means the seating place where one patron or customer to be served can be seated, or in lieu of seating space two (2) linear feet of counter space which may be used or occupied by one patron or customer to be served while standing and in cases of drive-in restaurants shall include in addition thereto each parking space for motor vehicles provide for the accommodation of patrons or customers. SUSPENSION: To temporarily remove a permit to operate a food service establishment or temporary food service. TEMPORARY FOOD SERVICE: A food service that operates at a fixed location for a period of time not to exceed fourteen (14) consecutive days in conjunction with a single event or celebration. TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. VENDING MACHINE: Any self-service device which upon insertion of a coin, coins or tokens or by other similar means, dispenses unit servings of food either in bulk or in packages without the necessity of replenishing the device between each vending operation. VERMIN: Roaches, bedbugs, fleas, lice, termites or similar pest-like insects. Other definitions as stated in rules and regulations that are referenced in this chapter shall apply. 9.08.040: PERMITS; FEES: A. Permits: It shall be unlawful for any person to operate a food establishment or temporary food establishment within the city who does not possess a valid permit issued to him by the VOLUME LXXIV NOVEMBER 4, 2009 725 health officer or authorized representative. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another person nor shall said permit be applicable to any locations, buildings, or places other than that for which it is issued. Each facility shall have a valid permit. A valid permit shall be posted in every food establishment so as to be clearly visible to all customers. A valid permit is one that is not suspended, revoked or expired. B. Term: A permit for a food establishment shall expire December 31 of each year unless sooner suspended or revoked. A permit for a temporary food establishment shall be issued for a period of time not to exceed fourteen (14) days. C. Fees: 1. Schedule of Fees: The fee schedule for this section is on file in the office of the city clerk. 2. Definition of Categories: Category I Facility: Category I facility means a large food establishment that presents a high relative risk of causing food-borne illness based on the large number of food handling operations typically implicated in food-borne outbreaks and/or the type of population served by the facility. Category I facilities include those where the following operations occur: Potentially hazardous foods are cooled, as part of the food handling operation at the facility; Potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours before serving; Potentially hazardous cooked and cooled foods must be reheated; Potentially hazardous foods are prepared for off-premises serving for which time- temperature requirements during transportation, holding and service are relevant; Complex preparation of foods or extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility; Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or, Immunocompromised individuals such as the elderly, young children under age four (4) and pregnant women are served, where these individuals compose the majority of the consuming population. NOVEMBER 4, 2009 VOLUME LXXIV 726 Examples of category I facilities would include but are not limited to, large (greater than 15,000 square feet) multi-department retail grocery stores which may include delicatessen, bakery, meat/seafood, produce and food service. Category II Facility: Category II facility means a food establishment that presents a high relative risk of causing food-borne illness based on the large number of food handling operations typically implicated in food-borne outbreaks and/or the type of population served by the facility. Category II facilities include those where the following operations occur: Potentially hazardous foods are cooled, as part of the food handling operation at the facility; Potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours before serving; Potentially hazardous cooked and cooled foods must be reheated; Potentially hazardous foods are prepared for off-premises serving for which time- temperature requirements during transportation, holding and service are relevant; Complex preparation of foods or extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility; Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or, Immunocompromised individuals such as the elderly, young children under age four (4) and pregnant women are served, where these individuals compose the majority of the consuming population. Examples of category II facilities would include but are not limited to, full menu restaurants, caterers, hospitals, small (less than 15,000 square feet) grocery stores, daycares/preschools providing a full service meal. Category III Facility: Category III facility means a food establishment that presents a medium relative risk of causing food-borne illness based upon few food handling operations typically implicated in food-borne illness outbreaks. Category III facilities include those where the following operations occur: Hot or cold foods are held at required temperatures for no more than 12 hours and are restricted to same day services; Foods are prepared from raw ingredients using only minimal assembly; or, VOLUME LXXIV NOVEMBER 4, 2009 727 Foods that require complex preparation (whether canned, frozen or fresh prepared) are obtained from approved food processing plants, high risk food service establishments or retail food stores. Examples of category III facilities would include but are not limited to, fast food restaurants and daycares/preschools that provide potentially hazardous prepackaged or catered food that must be kept hot or cold. Category IV Facility: Category IV facility means a food establishment that presents allow relative risk of causing food-borne illness based upon few or no food handling operations typically implicated in food-borne illness outbreaks. Category IV facilities include those where the following operations occur: Only pre-packaged foods are available or served in the facility, and any potentially hazardous foods available are commercially pre-packaged in an approved processing plant; Only limited preparation of non-potentially hazardous foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or, Only beverages (alcoholic and non-alcoholic) are served at the facility. Examples of category IV facilities would include but are not limited to, retail outlets selling only prepackaged foods, movie theaters with popcorn and soda, bars that do not prepare potentially hazardous food and daycares/preschools that serve limited potentially hazardous foods such as milk or non-potentially hazardous snacks. Mobile Food Units, Nonmobile Food Units and Pushcarts: Mobile food units, nonmobile food units, and pushcarts within the city shall be charged a fee according to the current environmental health fee schedule. Permits expire on December 31 of each year unless sooner suspended or revoked. Temporary Food Service Establishments: Temporary food service establishments that operates at a fixed location for a period of time not to exceed fourteen (14) days per single event or celebration shall be charged a fee according to the current environmental health fee schedule. There will be a late fee according to the current environmental health fee schedule for any application received within seven (7) days of an event or celebration. a. Seasonal Temporary Events: Seasonal temporary events will include multiple temporary events within the city. Permits expire on December 31 of each year unless sooner suspended or revoked. 3. Proration of Fees: Permit fees will be nonrefundable and prorated on a semiannual basis for newly opened establishments and/or establishments with a change of ownership. To NOVEMBER 4, 2009 VOLUME LXXIV 728 obtain a valid permit, the new owner must reapply and complete the permit application process. Establishments opening or changing ownership prior to July 1 will pay one hundred percent (100%) of the appropriate annual fee. Establishments opening or changing ownership July 1 or after will pay fifty percent (50%) of the annual fee for the remainder of the calendar year. Establishments opening or changi ng ownership October 1 or after will pay twenty-five percent (25%) of the annual fee for the remainder of the calendar year. 4. Late Payment Penalty: All permit fees for the annual renewal of permits are due by December 31 of the previous year. The permitted year is the calendar year, January 1 through December 31. Failure to submit the total fee required by December 31 will result in expiration of the permit and cessation of food establishment operations due to lack of a valid permit. Establishments failing to submit the required fee by December 31 shall be assessed a late payment penalty fee of twenty five percent (25%) of the required fee in addition to the appropriate permit fee. Establishments failing to submit the required fee by January 31 shall be assessed a late payment penalty fee of fifty percent (50%) of the required fee in addition to the appropriate permit fee. D. Issuance: Any person desiring to operate a food establishment or temporary food service, or person desiring to renew an expired permit shall make written application for a permit on forms provided by the health officer or authorized representative. Effective January 1, 2011, food establishments shall provide a dedicated fax number/machine that is available 24 hours per day, and an e-mail account to receive emergent food safety information related to but not inclusive of food recalls. Establishments failing to provide the fax number/machine and e- mail account shall have the food establishment license suspended until compliance is verified. An application for a permit shall include: the applicant's full name, post office address, state sales tax identification number, and whether such applicant is an individual, firm, corporation or partnership; the names and type of proposed food establishment; and the signature of the applicant or applicants. The information provided on the application shall be current at all times. If the application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operation. Upon receipt of such an application for a new establishment, the health officer or authorized representative shall make an inspection of the food establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, a permit shall be issued to the applicant by the health officer or authorized representative. E. Waiver of Fees: 1. No permit fee otherwise required by this chapter shall be required of any unit of local government as defined by the constitution of Illinois, 1970, school district, or community college district. 2. The exemptions provided in this section apply only to fees and shall not exempt or waive the requirement of any permits or inspections otherwise required. VOLUME LXXIV NOVEMBER 4, 2009 729 F. Exemptions: 1. Persons operating establishments which have only prepackaged nonperishable and/or nonpotentially hazardous food and whose principal order of business is not to sell food for human consumption shall be exempt from the provisions of this chapter. 2. Roadside stands operated for the sale of unprocessed agricultural products produced and offered for sale shall be exempt from the provisions of this chapter. 3. Temporary food services selling prepackaged nonperishable and/or nonpotentially hazardous food shall be exempt from the provisions of this chapter. 9.08.050: UNWHOLESOME FOOD; UNSANITARY CONDITIONS: No retail food store or food service establishment licensee shall offer for sale, or keep for the purpose of selling or offering for sale, any food of any kind intended for human consumption which is unwholesome and unfit for human consumption for any reason, or violate any rule or regulation provided in the retail food store sanitation rules and regulations or the food service sanitation code as adopted in section 9.08.020 of this chapter. 9.08.060: EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR ADULTERATED FOOD OR DRINK: A. Food may be examined or sampled by the health officer or authorized representative as may be necessary to determine freedom from adulteration or misbranding. The health officer or authorized representative may, upon written notice to the owner or person in charge, embargo any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under an embargo, food shall be permitted to be suitably stored. It shall be unlawful for any person to move or alter an embargo notice or tag placed on food by the health officer or authorized representative. Neither such food nor the containers therefore shall be relabeled, repackaged or reprocessed, altered, disposed of or destroyed without permission of the health officer or authorized representative, except on an order by a court of competent jurisdiction. B. After the owner or person in charge has had a prehearing conference as provided in section 9.08.160 this chapter, and on the basis of evidence produced at such prehearing conference, or on the basis of an examination in the event a written request for a prehearing conference is not received within ten (10) days, the health officer or authorized representative may vacate the embargo or may, by written order direct the owner or person in charge of food which was placed under the embargo, to denature or destroy such food or bring it into compliance with the provisions of this chapter. C. Where equipment used in the preparation of food products is found to be in a state of disrepair, unsafe, unsuitable for use, or unsanitary, such equipment shall be taken out of use and an embargo placed on said items by the health officer or authorized representative. Such equipment may not be put back into service until written permission is obtained from the NOVEMBER 4, 2009 VOLUME LXXIV 730 health officer or authorized representative. It shall be unlawful for any person to move or alter an embargo, notice or tag placed on equipment by the health officer or authorized representative. Such equipment will not be altered, disposed of or destroyed without permission of the health officer or authorized representative except on an order by a court of competent jurisdiction. D. After the owner or person in charge has had a prehearing conference as provided in section 9.08.160 of this chapter, and on the basis of the evidence produced at such prehearing conference, or on the basis of an examination in the event a written request for a hearing is not received within ten (10) days, the health officer or authorized representative may vacate the embargo or may by written notice direct the owner or person in charge of the equipment to bring it into compliance with the provisions of this chapter. Such orders shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days. 9.08.070: INSPECTION OF FOOD STORES: A. Frequency: The health officer or authorized representative or authorized representative shall inspect each food establishment within the city as follows: Category I 3 times annually Category II 3 times annually Category III 1-2 times annually Category IV 1 time annually The following activities may be used in place of one annual inspection of a category I and II facility: 1. A certified food service manager is present at the facility at all times food is being prepared. 2. A hazard analysis critical control point (HACCP) inspection/menu review. 3. Facility employees attend an in-service training or educational conference on food sanitation. The health officer or authorized representative shall make as many additional inspections and reinspections as are necessary for the enforcement of this chapter. B. Right of Entry: The health officer or authorized representative, after proper identification, shall be permitted to enter, during normal business hours, any food establishment or temporary food service in the county for the purpose of making inspections, and to determine compliance with this chapter. The health officer or authorized representative shall be permitted to examine the records of the food establishment or temporary food service to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed. Failure to permit access after proper identification shall be grounds for VOLUME LXXIV NOVEMBER 4, 2009 731 immediate suspension or revocation of the permit. After such suspension or revocation, the permit holder may submit, in writing, a request for reinstatement of the permit. C. Consent to Inspection: The receipt of any permit or license issued by the health department pursuant to this chapter to any person, firm, or corporation shall constitute the agreement of such person, firm, or corporation to such investigations or inspections. D. Reports: Whenever an inspection of a food establishment or temporary food service is made, the findings shall be recorded on an inspection report. One copy of the inspection report form shall be furnished to the person in charge of the food establishment or temporary food service. The inspection report form for food establishments shall set forth a weighted point value for each requirement. The rating score of the food establishment shall be the total of the weighted point values for all violations subtracted from one hundred (100) and shall be shown on all copies of the report. 9.08.080: NOTICES: A. Issuance: Whenever a health officer or authorized representative makes an inspection and discovers that any of the requirements of this chapter have been violated, he may notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such written notice, the health officer or authorized representative shall: 1. Set forth the specific violations found; 2. Establish a specific and reasonable period of time for the correction of the violations found in accordance with the enforcement procedure; 3. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit, and/or the possibility of further legal action; 4. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a prehearing conference is filed with the health officer or authorized representative within the period of time established in the notice of correction. B. Service: Notices provided for under this section shall be deemed properly served when a copy of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by certified mail, return receipt requested, to the last known address of the permit holder. Copy of such notice shall be filed with the records of the health officer or authorized representative. 9.08.090: FOOD SANITATION ENFORCEMENT PROCEDURES: A. Correction of Violations: NOVEMBER 4, 2009 VOLUME LXXIV 732 1. The completed inspection report form shall specify a reasonable period of time for the correction of the violations found. The correction of the violations shall be accomplished within the period specified in accordance with the Elgin Health Department Food Sanitation Enforcement Procedure. The inspection report shall state that failure to comply with any time limits for corrections may result in immediate suspension of all food service operations. An opportunity for a conference on the inspection findings or the time limitation or both will be provided if a written request is filed with the health officer or authorized representative within five (5) days following suspension of operations. If a request for a prehearing conference is received, the prehearing conference shall be held within thirty (30) days of receipt of the request. 2. When more than one (1) follow-up inspection of a food service facility is necessary to ensure compliance with a previous inspection, a fee per sanitarian per hour will be assessed pursuant to the current environmental health fee schedule. 3. Whenever a food establishment or temporary food service is required under provisions of subsection 9.08.090.A.1 to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time period. 9.08.100: NONRENEWAL OF LICENSE: A. Renewal: Upon receipt of an application to renew an annual permit, the health officer or authorized representative shall review the food establishment record to determine compliance with the provisions of this chapter. Whenever the review process for renewal of permit reveals serious repeat violations of this chapter the permit will not be issued and the health officer or authorized representative shall notify the applicant immediately thereof. Such notice shall state the reasons for not renewing the permit. Such notice shall also state that an opportunity for a hearing shall be provided for the applicant, if requested, at a time and place designated by the health office or authorized representative. Such hearing shall be scheduled as soon as possible, but no later than five (5) days from the date of notice. The notice referred to in this subsection shall be delivered to the applicant in person by the health officer or authorized representative or may be sent by certified mail, return receipt requested. A permit which has expired shall be removed from the food establishment by the health officer or authorized representative. B. Nonrenewal of license "for serious repeat violations" is as follows: Causes: When establishment's renewal application is received. The sanitarian shall review the file for serious repeat violations demonstrated by: 1. Repeated violations of three (3) or more critical items; 2. Score of seventy (70) or less on two (2) inspections within eighteen (18) months; VOLUME LXXIV NOVEMBER 4, 2009 733 3. Score of sixty (60) or less on most recent inspection. 9.08.110: SUSPENSION OF LICENSE: Suspension of license for failure of the license holder to comply with the requirements of this chapter is as follows: A. Suspension: Permits may be suspended by the health officer or authorized representative for failure of the permit holder to comply with the requirements of this chapter. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of section 9.08.160 of this chapter, the permit holder or operator shall be notified, in writing, that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health officer or authorized representative by the permit holder within five (5) days from receipt of the notice. Upon suspension of the permit, the permit shall be removed from the food establishment by the health officer or authorized representative. Notwithstanding the other provisions of this chapter, whenever the health officer or authorized representative finds unsanitary or other conditions in the operation of a food establishment which in his judgment constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator, citing such conditions, specifying the corrective action to be taken and specifying the time period within which such action shall be taken; and if deemed necessary, such order shall state that the permit is immediately suspended, and all operations as a food establishment are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the health officer or authorized representative, shall be afforded a hearing as soon as possible but no later than five (5) days of written request. B. Causes: 1. Lack of substantial progress on follow-up inspections; 2. Repeated violation of five (5) or more critical items. 9.08.120: IMMEDIATE SUSPENSION OF LICENSE: Immediate suspension of license “for substantial hazard to the public health” is as follows: A. The procedure for the immediate suspension of a license shall be as set forth in section 9.08.110 of this chapter. B. Causes: 1. Utility interruptions; 2. Severe unsanitary conditions; NOVEMBER 4, 2009 VOLUME LXXIV 734 3. Foodborne illness outbreak traced to establishment as ongoing; 4. Employee with communicable disease; 5. A score not corrected above sixty (60) at the time of the inspection; 6. Improper use of insecticide, depending on situation. 9.08.130: REVOCATION OF LICENSE: Revocation of license “for serious or repeated critical violations of any provisions of this ordinance, or for interference with the health officer in the performance of his duties” is as follows: A. Revocation: 1. For serious or repeated violations of any of the requirements of this chapter, or for interference with the health officer or authorized representative in the performance of his duties, a permit may be revoked after an opportunity for a hearing has been provided by the health officer or authorized representative. Prior to such action, the health officer or authorized representative shall notify a permit holder, in writing, stating the reasons for which the permit is subject to revocation, and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice unless a request for a hearing is filed with the health officer or authorized representative by the permit holder within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto. 2. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit in accordance with this section. B. Causes: 1. Serious or repeated critical violations of any of the requirements of this chapter; 2. Repeatedly not permitting access to the facility for an inspection when it is open to the public; 3. Blatantly or subtly threatening bodily harm; 4. Two (2) or more suspension notices or nonrenewal notices within past two (2) years. 9.08.140: CESSATION OF OPERATIONS: Permits for all food establishments shall be automatically suspended should the holder or operator cease operation of the food establishment for thirty (30) consecutive days or longer, irrespective of whether such cessation of operations shall be due to the seasonal nature of such VOLUME LXXIV NOVEMBER 4, 2009 735 food establishments, or any other reason. Said permit shall be reinstated upon application to the health officer or authorized representative for re-inspection of the food establishment if the establishment is in compliance with the applicable requirements of this article. 9.08.150: REINSTATEMENT: Any person whose permit has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the permit. As soon as possible, but no later than five (5) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health officer or authorized representative shall make a reinspection. If the applicant is compliant with the requirements of this article, the permit shall be reinstated. 9.08.160: HEARINGS AND CONFERENCES: A. Prehearing Conferences Before The Health Officer: Any person affected by any order or notice issued by the health department in connection with the enforcement of any section of this chapter, may file in the office of the health department a written request for a prehearing conference before the health officer or authorized representative. Unless stated elsewhere in this chapter, the health officer or authorized representative shall hold a prehearing conference at a time and place designated by him as soon as possible but no later than five (5) days from the date of which the written request was filed. The petitioner for the prehearing conference shall be notified of the time and place of the prehearing conference not less than five (5) days prior to the date on which the prehearing conference is to be held. The prehearing conference shall be an informal proceeding and there shall be no testimony by witnesses. If, as a result of the prehearing conference, the health officer or authorized representative finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the health officer or authorized representative may modify or withdraw the order or notice and as a condition for such action may, where he deems it necessary, make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health. The health officer or authorized representative shall render a decision within ten (10) days after the date of the prehearing conference which shall be reduced to writing and placed on file in the office of the health department as a matter of public record. Any person aggrieved by the decision of the health officer or authorized representative may seek relief therefrom through a hearing before the hearing committee. B. Hearings Before Hearing Committee: Any person aggrieved by the decision of the health officer or authorized representative rendered as the result of a prehearing conference held in accordance with this section, may file in the office of the health department a written request for a hearing at a time and place designated by the secretary of the hearing committee as soon as possible but no later than five (5) days of the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is held. If as a result of facts elicited as a result of the hearing, the hearing committee finds that strict compliance with the decision NOVEMBER 4, 2009 VOLUME LXXIV 736 of the health officer or authorized representative would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the health officer or authorized representative, the hearing committee may grant a variance and as a condition for such variance, may, where it deems necessary, make requirements which are additional to those prescribed by this chapter. The hearing committee shall render a decision within five (5) days after the date of the hearing which shall be reduced to writing and placed on file in the office of the health officer or authorized representative and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner by certified mail. A certified transcript of the record shall be provided at the expense of the person requesting the hearing. All witnesses called shall be required to testify under sworn oath. An appeal from a decision of the hearing committee may be made to the circuit court of Kane County, pursuant to the provisions of the Illinois Administrative Review Law in force and effect at that time in the State. 9.08.170: ENFORCEMENT: A. The health officer or authorized representative may issue a complaint against the owners and occupant of said property or the person responsible for causing the violation charging a violation of any section or subsection of this chapter. B. The health officer or authorized representative upon observing any violation of this chapter may issue a notice of violation directed to the recorder of deeds of the county, or to the occupant of said property, or both, which said notice shall describe the violation and shall establish a reasonable time limit for the abatement thereof by such owner or occupant, which time shall not be less than ten (10) business days after service of such notice. An authorized representative shall serve the notice herein provided for upon the owner, occupant, tenant or agent of the property where such violation exists, or upon both of them, and shall make upon his or her return a copy of such notice, showing the time of service the person upon whom it was served, or the manner in which it was served. 1. Immediately upon the termination of the time allowed in any such notice for the abatement of such violation, a health officer or authorized representative shall investigate to determine whether or not such violation has been abated. 2. In the event the owner or occupant of the property upon which such violation exists has failed within the prescribed time to abate such violation, then the health officer or authorized representative shall file a complaint pursuant to the processes and methods prescribed by Chapter 1.25 of the Elgin Municipal Code entitled Administrative Adjudication of Nonvehicular Code Violations, or with the Kane County Circuit Court. 9.08.180: ENFORCEMENT OF ACTION; EMPLOYEES: A. When the health officer or authorized representative has reasonable cause to suspect the possibility of disease transmission by any food establishment or temporary food service, he shall make such investigation as may be indicated, including the morbidity history of VOLUME LXXIV NOVEMBER 4, 2009 737 suspected employees and take appropriate action. The health officer or authorized representative may require any or all of the following measures: 1. The immediate exclusion of the employee from all food establishments or temporary food services. 2. No employee shall be allowed to return to work in a food establishment or temporary food service until the health officer or authorized representative certifies that the employee no longer presents a health hazard. 3. Restriction of the employee service to some areas of the establishment wh ere there would be no danger of transmitting disease. 4. Adequate medical and laboratory examination of the employee and, if deemed necessary, other employees and of his and/or their body discharges. B. Any person to whom such an order is issued shall comply immediately therewith, but upon written application to the health officer or authorized representative, shall be afforded a prehearing conference. 9.08.190: EMPLOYEE REQUIREMENTS: A. The effective date of the training requirements in this section 9.08.170 shall take effect January 1, 2011; all other provisions of this section shall be in full force and effect from and after its passage and publication as required by law. B. Food Service Worker’s Training: Within ninety (90) days of employment, all food service workers must obtain a food service worker's certificate by completing a food service worker’s sanitation course and test given by a nationally recognized agency such as the National Restaurant Association. C. Display of Health Certificates: Each food establishment shall maintain a separate file containing the certificates for each food service worker and food service manager. This file shall be accessible to the environmental health practitioner or his or her designee for review upon request. D. Food Service Worker’s Duty: 1. All food service workers shall have the duty to report to the food service manager and/or person in charge any of the following: a. The onset of any of the following symptoms, either while at work or outside of work, including the date of onset: NOVEMBER 4, 2009 VOLUME LXXIV 738 Diarrhea, vomiting, jaundice, sore throat with fever, infected cuts or wounds, or lesions containing pus on the hand, wrist, an exposed body part, or other body part and the cuts, wounds, or lesions are not properly covered (such as boils and infected wounds, however small). b. Future Medical Diagnosis: Whenever diagnosed as being ill with Norovirus, typhoid fever (Salmonella Typhi), shigellosis (Shigella spp. infection), Escherichia coli O157:H7 or other EHEC/STEC infection, or hepatitis A (hepatitis A virus infection). c. Future Exposure to Foodborne Pathogens: (1) Exposure to or suspicion of causing any confirmed disease outbreak of Norovirus, typhoid fever, shigellosis, E. coli O157:H7 or other EHEC/STEC infection, or hepatitis A. (2) A household member diagnosed with Norovirus, typhoid fever, shigellosis, illness due to EHEC/STEC, or hepatitis A. (3) A household member attending or working in a setting experiencing a confirmed disease outbreak of Norovirus, typhoid fever, shigellosis, E. coli O157:H7 or other EHEC/STEC infection, or hepatitis A. E. Food Service Manager and/or Person in Charge Duty The food service manager and/or person in charge shall ensure that: 1. Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas. 2. Employees and other persons such as delivery, maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this ordinance. 3. Employees are effectively cleaning their hands, by routinely monitoring their handwashing. 4. Employees are visibly observing foods as they are received to determine that they are, delivered at the required temperatures, protected from contamination, and unadulterated. 5. Employees are properly cooking potentially hazardous food known to cause severe foodborne illness. 6. Employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within 4 hours. VOLUME LXXIV NOVEMBER 4, 2009 739 7. Consumers who order raw or partially cooked ready-to-eat-foods of animal origin are informed that the food is not cooked sufficiently to ensure its safety. 8. Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused. 9. Consumers are informed by posting a notice that clean tableware is to be used when they return to self-service areas such as salad bars and buffets. 10. Employees are preventing cross-contamination of ready-to-eat-food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment. 11. Employees are properly trained in food safety as it relates to their assigned duties. 12. Food employees are informed of their responsibility to report in accordance with this ordinance, to the food service manager, information about their health and activities as they relate to diseases that are transmissible through food. 9.08.200: EXISTING RETAIL FOOD STORES OR FOOD SERVICE ESTABLISHMENTS: No existing food store or food service establishment shall operate within the city unless it conforms with the requirements of this chapter; provided, that equipment and facilities, installed in a retail food store or food service establishment prior to the effective date of this chapter, which do not fully meet all of the design and con struction requirements of this chapter, shall be deemed acceptable in that establishment if they are in good repair, capable of being maintained in a sanitary condition, and the food contact surfaces are nontoxic. 9.08.210: NEW RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS: A. Schedule of Fees: The fee schedule for this section is on file in the office of the city clerk. B. General: Whenever a food establishment is hereafter constructed or remodeled or whenever an existing structure is converted to use as a food establishment, an application for permit is required including properly prepared plans and specifications for such construction, remodeling or conversion which shall be submitted to the health officer or authorized representative for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas; and the type and model of proposed fixed equipment and facilities. The health officer or authorized agent shall approve the plans and specifications if they meet the requirements of this chapter. No food establishment shall be constructed, remodeled or converted except in accordance with plans and specifications approved by the health officer or authorized representative. Construction, NOVEMBER 4, 2009 VOLUME LXXIV 740 remodeling and/or conversion activities shall not begin until the plans and specifications have been approved by the health officer or authorized representative. C. When the health officer or authorized representative issues an approval letter, the construction documents shall be approved, by stamp, as “Reviewed for Code Compliance.” One set of the construction documents so reviewed shall be retained by the health department. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the health officer or authorized representative. D. Pre-opening Inspections: Whenever plans and specifications are required by subsection B of this section to be submitted to the health officer or authorized representative, the health officer or authorized representative shall inspect the food establishment prior to the beginning or resumption of operations, to determine compliance with the approved plans and specifications and with the requirements of this chapter. 9.08.220 FOOD FROM ESTABLISHMENTS IN OTHER JURISDICTIONS: Food from food service establishments or retail food stores outside the jurisdiction of the city health department may be sold within the city if such food service establishment or food stores conform to the provisions of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health officer may accept reports from the responsible authority in other jurisdictions where such food stores or food service establishments are located. 9.08.230: RESTAURANT HOURS OF OPERATION LIMITATIONS: No person shall operate or keep open to the public any restaurant located adjacent to any residentially zoned property in the city, or separated from any residentially zoned property in the city only by a public right of way, between the hours of twelve o'clock (1 2:00) midnight until five thirty o'clock (5:30) A.M. Mondays through Saturdays, and between the hours of one o'clock (1:00) A.M. until five thirty o'clock (5:30) A.M. on Sundays. For the purposes of this section “restaurant” shall be defined to mean an establishment in which the principal use is the service of prepared food and/or beverages for consumption on and/or off the premises but shall not include establishments where incidental prepared food and beverages is accessory to a bakery, convenience store, meat market, or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools, or other similar principal uses. For the purposes of this section restaurant operations shall not include restaurants which are providing off site deliveries only or service limited to a drive-through window. For the purposes of this section residentially zoned properties shall not include properties located in the CC1 center city district or the CC2 center city district. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LXXIV NOVEMBER 4, 2009 741 Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Passed: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 5, 2009 Published: November 6, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G61-09 PASSED AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “EMERGENCY SERVICE” Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G61-09 AN ORDINANCE AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "EMERGENCY SERVICE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled "Emergency Ambulance Service" be and is hereby amended by amending section 2.40.240, entitled “Service Provided Only in Emergency Case” to read as follows: "Emergency ambulance service provided by the fire department of the city shall be provided only in cases of actual and extreme emergency to injured persons and only for the purpose of transporting said persons to hospitals in accordance with written protocols pursuant to and in compliance with the provisions of 210 ILCS 50/3.20(c)(5), as amended.” NOVEMBER 4, 2009 VOLUME LXXIV 742 Section 2. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled “Emergency Ambulance Service” be and is hereby amended by amending Section 2.40.250, entitled “Service Outside Corporate Limits” to read as follows: “The fire department of the city is authorized to provide ambulance service outside the corporate limits of the city only in the event that no other ambulance service is available, pursuant to a mutual aid agreement or automatic aid agreement or so as to otherwise comply with the provisions of 210 ILCS 50/3.20(c)(5), as amended.” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Passed: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 5, 2009 Published: November 6, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Centre Advisory Board Minutes – September 10, 2006 Parks and Recreation Advisory Board Minutes – August 25, 2009 Planning and Development Commission Minutes – September 21, 2009 Sales Tax Report – October, 2009 Committee of the Whole Minutes – October 14, 2009 City Council Minutes – October 14, 2009 VOLUME LXXIV NOVEMBER 4, 2009 743 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 7:35 p.m. s/Diane Robertson November 18, 2009 Diane Robertson, City Clerk Date Approved