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HomeMy WebLinkAboutv - November 18, 2009 CC744 NOVEMBER 18, 2009 VOLUME LXXIV 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 18, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:23 p.m. The Invocation was given by Pastor Leon Thorton from New Beginning Christian Fellowship Church and the Pledge of Allegiance was led by City Manager Sean Stegall. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE NOVEMBER 4, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve the November 4, 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 Myrtle Spiegler Gerberding Day Proclamation Mayor Schock read a proclamation recognizing the 100th birthday of Myrtle Spiegler Gerberding. Also presented was a proclamation by the Illinois State Senate and one presented by Representative Keith Farnum on behalf of the Illinois House of Representatives. Family members were present to accept the proclamations. St. John’s Lutheran Church 150th Anniversary Proclamation Mayor Schock read a proclamation recognizing the 150th anniversary of St. John’s Lutheran Church. Church members Eleanor Richoz and Kyla Jacobsen accepted the proclamation. VOLUME LXXIV NOVEMBER 18, 2009 745 Painted Lady Recognition Mayor Schock announced that three Elgin homes had been submitted for Painted Lady Recognition and all three entrants won awards. This is the first time this has ever happened. Winners were Paul Eyrich of 809 N. Spring Street, Susan Tyler and Carlos Rivera of 409 Douglas Avenue, and Angie Mullins and Zack Lamers of 570 E. Chicago Street. The latter two addresses were represented by their owners and they were presented with plaques. RECOGNIZE PERSONS PRESENT Amanda Reister stated she was against any breed-specific ban. She stated pit bulls were loyal pets and she read a letter of appreciation about her dog. Kevin Echevarria expressed his appreciation for the Council considering the concerns about the special events regulations regarding sound and for coming up with acceptable solutions. He also thanked city staff for their assistance. Carol Faber expressed her concerns about a pit bull ban. She feels these types of laws cannot be enforced and suggested the implementation of dog licensing fees. Jeff Kerber suggested that builders be more accountable for landscaping requirements, specifically in the area of trees. He also mentioned the offer for 10,000 free oak trees and said that volunteers and a staging area will be needed for this project. BID 09-060 AWARDED TO LANGOS CORP. FOR THE DEMOLITION OF VARIOUS PROPERTIES Councilmember Kaptain made a motion, seconded by Councilmember Dunne, to award a contract to Langos Corp. in the amount of $72,800 for the demolition of several properties, including two at Dundee and Ann, two houses on Daniels and two houses on McBride that have been purchased by the City. The buildings on these sites are to be razed in order to improve the appearance and safety of the site and to prepare it for future use. Councilmember Kaptain asked if staff could arrange for salvage prior to demolition and Mr. Stegall said that could be done. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. NOVEMBER 18, 2009 VOLUME LXXIV 746 PUBLIC HEARING TO AMEND THE CITY OF ELGIN ENTERPRISE ZONE Mayor Schock declared the public hearing open. Sarosh Saher, Planning Manager, explained that the proposed deletion of property from the City of Elgin Enterprise Zone was to allow for the designation of certain property as a River Edge Redevelopment Zone. There being no comments from the audience, Mayor Schock declared the public hearing closed. ORDINANCE S9-09 PASSED TO DELETE TERRITORY FROM THE CITY OF ELGIN ENTERPRISE ZONE Councilmember Steffen made a motion, seconded by Councilmember Warren, 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. S9-09 AN ORDINANCE TO DELETE TERRITORY FROM THE CITY OF ELGIN ENTERPRISE ZONE WHEREAS, the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as “City”) is a home rule unit of government under the Illinois Constitution of 1970, Article VII, Section 6; and WHEREAS, the City established an enterprise zone (hereafter referred to as the “Elgin Enterprise Zone”) on December 17, 1984, per Ordinance No. G63-84, pursuant to authority granted it by the Illinois Enterprise Zone Act (20 ILCS 655/1 et seq.; hereafter referred to as the “Act”), as amended, subject to the approval of the Illinois Department of Commerce and Community Affairs (now the Illinois Department of Commerce and Economic Opportunity and hereinafter referred to as “State”), and subject to the provisions of the Act; and WHEREAS, the City of Elgin Enterprise Zone was approved by the State, effective July 1, 1985; and WHEREAS, the designation of a River Edge Redevelopment Zone pursuant to 65 ILCS 115/10-1 et seq., is being considered for certain areas within the City of Elgin; and WHEREAS, portions of the potential River Edge Redevelopment Zone include areas within the existing City of Elgin Enterprise Zone and such areas within the City of Elgin Enterprise Zone must be deleted from the Enterprise Zone prior to the creation of the River Edge Redevelopment Zone; and VOLUME LXXIV NOVEMBER 18, 2009 747 WHEREAS, the City conducted a public hearing concerning the proposed deletion of territory from the City of Elgin Enterprise Zone, after due 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 Section III of Ordinance No. G63 – 84, the Ordinance Designating an Enterprise Zone under the Illinois Enterprise Zone Act for Elgin, Illinois, and as amended by Ordinance No.G44-01, Ordinance No. S29-04, and Ordinance No. S8-08, are hereby further amended by deleting therefrom the territory depicted in Exhibit A as the Area to be Deleted and legally described in Exhibit B, attached hereto, to the list of exhibits within Section III and thereby deleting from the territory of such Enterprise Zone the property depicted in Exhibit A and legally described in Exhibit B attached hereto. Section 2. That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no further force and effect. Section 3. That repeal of any ordinances by this ordinance shall not affect any rights accrued or liability incurred under said repealed ordinances to the effective date hereof. The provisions of this ordinance insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of said prior ordinances. Section 4. That it is the intention of the City Council of the City of Elgin that this ordinance and every provision thereof shall be severable and the invalidity of any section, clause, or provision of this ordinance shall not affect the validity of any portion of this ordinance. Section 5. That the City Manager is hereby authorized and directed to cause to be prepared an application with the State in accordance with the provisions of the Illinois Enterprise Zone Act and to provide such additional information and documentation as may be required by the Illinois Department of Commerce and Economic Opportunity and to otherwise take such action as may be necessary on behalf of the City of Elgin to obtain certification by the Department of Commerce and Economic Opportunity of the amendment and deletion of territory from the Enterprise Zone herein provided. Section 6. That this ordinance shall be in full force and effect from and after its passage, approval, recording and publication in accordance with law, and after the State has approved and certified the application for amendment to and deletion of territory from the Enterprise Zone pursuant to Section 5.4 of the Act. s/Ed Schock Ed Schock, Mayor NOVEMBER 18, 2009 VOLUME LXXIV 748 Presented: November 18, 2009 Passed: November 18, 2009 Vote: Yeas: 7 Nays: 0 Recorded: November 19, 2009 Published: Attest: s/Diane Robertson Diane Robertson, City Clerk PUBLIC HEARING TO DESIGNATE CERTAIN TERRITORY AS A RIVER EDGE REDEVELOPMENT ZONE IN THE CITY OF ELGIN, ILLINOIS Mayor Schock declared the public hearing open. Sarosh Saher, Planning Manager, explained that the city has been planning for the Riverside Drive Promenade Improvement Project and that it has been seeking funding from the State of Illinois. Potential funding is available if the project area is included as part of what is known as a River Edge Redevelopment Zone. The site of the Riverside Promenade Improvement Project and certain other areas must be designated as a River Edge Redevelopment Zone in order to qualify for grants and tax incentives. There being no comments from the audience, Mayor Schock declared the public hearing closed. ORDINANCE S10-09 PASSED DESIGNATING AN AREA AS A RIVER EDGE REDEVELOPMENT ZONE IN THE CITY OF ELGIN, ILLINOIS Councilmember Warren 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. S10-09 AN ORDINANCE DESIGNATING AN AREA AS A RIVER EDGE REDEVELOPMENT ZONE IN THE CITY OF ELGIN, ILLINOIS WHEREAS, the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as “City”), is a home rule unit of government under the Illinois Constitution of 1970, Article VII, Section 6; and, VOLUME LXXIV NOVEMBER 18, 2009 749 WHEREAS, in 2006 the General Assembly of the State of Illinois enacted the River Edge Redevelopment Zone Act (the “Act”) (65 ILCS 115/10-1 et seq.) to promote the redevelopment of environmentally challenged properties along rivers in the State; and, WHEREAS, in the Act the General Assembly found and declared that municipalities adjacent to or surrounding river areas often lack critical tools to safely revive and redevelop environmentally challenged properties, and that many of these environmentally challenged properties were former industrial areas that now, subject to appropriate environmental remediation, would be ideal for other economically productive uses, the redevelopment of which will stimulate economic revitalization and create jobs in Illinois; and, WHEREAS, the General Assembly further found and declared that the cost of remediation of these environmentally challenged properties is often the primary obstacle to returning such properties to economically productive uses, and that a cooperative and continuous partnership by and between the State of Illinois, through the Department of Commerce and Economic Opportunity (“DCEO”) and the Environmental Protection Agency, municipalities adjacent to or surrounding rivers, and the private sector is necessary to appropriately encourage the remediation of these environmentally challenged properties and bring about an economically productive use of such properties; and, WHEREAS, the General Assembly declared that the purpose of the Act is to identify and initiate pilot River Edge Redevelopment Zones to stimulate the safe and cost-effective re- use of such environmentally challenged properties adjacent to or surrounding rivers by means of tax incentives and/or grants; and, WHEREAS, in 2009 the General Assembly amended the Act to provide that the City of Elgin may be certified as a pilot city for the River Edge Redevelopment Zone program; and, WHEREAS, the City of Elgin has identified certain property within its corporate limits that is adjacent to and surrounds the Fox River and constitutes an environmentally challenged area, and has determined to seek to have such area designated and certified as a River Edge Redevelopment Zone, such property being depicted on Exhibit A attached hereto and legally described on Exhibit B attached hereto, and to be known as the “City of Elgin River Edge Redevelopment Zone”; and, WHEREAS, the Elgin City Council conducted a public hearing within the proposed zone area on November 18, 2009, pursuant to public notice, as required by, and in conformance with, section 10-5(b)(ii) of the Act and a copy of the transcript of said public hearing being attached hereto as Exhibit C; and, WHEREAS, the City Council finds that it is in the best interests of the City of Elgin that the property described herein be designated a River Edge Redevelopment Zone, and that it be redeveloped accordingly, subject to the approval and certification of the same by DCEO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: NOVEMBER 18, 2009 VOLUME LXXIV 750 Section 1. The area affected by the designation in this ordinance is depicted in Exhibit A attached hereto and legally described in Exhibit B attached hereto and incorporated herein by this reference. Section 2. The City Council hereby finds that the area depicted in Exhibit A attached hereto and legally described in Exhibit B attached hereto meets the qualifications for the designation of the area as a River Edge Development Zone set forth in section 10-4 of the Act, as follows: A. The area is a contiguous area adjacent to or surrounding the Fox River; B. The area exceeds one-half square mile in area but does not exceed twelve (12) square miles in area, exclusive of lakes and waterways; C. The area satisfies any additional criteria known to have been established by DCEO with respect to the Act; D. The area is entirely within the corporate boundaries of a single municipality, being the City of Elgin; E. The area contains at least one hundred (100) acres of environmentally challenged land within fifteen hundred (1500) yards of the riverfront of the Fox River. Section 3. The City of Elgin hereby designates the property depicted in Exhibit A attached hereto and legally described in Exhibit B attached hereto as a River Edge Redevelopment Zone as defined by the Act. This designation is subject to the approval and certification of DCEO in accordance with the Act. Section 4. Subject to certification by DCEO in accordance with the Act, the City of Elgin will offer tax incentives and/or reimbursement of taxes so authorized under the Act to businesses located in within the River Edge Redevelopment Zone, all in accordance with the terms of the Act. Section 5. The administration of the City of Elgin River Edge Redevelopment Zone shall be under the jurisdiction of the City of Elgin. The zone administrator for the City of Elgin River Edge Redevelopment Zone shall be the City of Elgin’s Director of Community Development. The zone administrator shall be the liaison between the City of Elgin as the designated community, and the DCEO. Section 6. The term of the River Edge Redevelopment Zone designated herein shall expire December 31, 2039. Section 7. The City Manager is hereby authorized and directed to cause to be prepared and an application to DCEO in accordance with the provisions of the Act, to provide such additional information and documentation as may be required by DCEO, and to otherwise VOLUME LXXIV NOVEMBER 18, 2009 751 take such actions as may be necessary on behalf of the City of Elgin to obtain certification by DCEO of the designation of the River Edge Redevelopment Zone herein provided. Section 8. That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no further force and effect. Section 9. That it is the intention of the City Council of the City of Elgin that this ordinance and every provision thereof shall be severable and the invalidity of any section, clause, or provision of this ordinance shall not affect the validity of any portion of this ordinance. Section 10. That this ordinance shall be in full force and effect from and after its passage, approval, recording and publication in accordance with law. s/Ed Schock Ed Schock, Mayor Presented: November 18, 2009 Passed: November 18, 2009 Vote: Yeas: 7 Nays: 0 Recorded: November 19, 2009 Published: Attest: s/Diane Robertson Diane Robertson, City Clerk ANNEXATION AGREEMENT HEARING DATE SET FOR DECEMBER 16, 2009 FOR THE PROPERTY LOCATED AT 1000 SOUTH RANDALL ROAD, BY ATWELL-HICKS, LLC., AS APPLICANTS AND WALMART STORES, INC., SAM’S WEST, INC., AND SAM’S REAL ESTATE BUSINESS TRUST, AS OWNERS (PETITION 24-09) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to set an annexation agreement hearing date for December 16, 2009, for the property located at 1000 South Randall Road. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. NOVEMBER 18, 2009 VOLUME LXXIV 752 PETITION 29-09 APPROVED REQUESTING A CONDITIONAL USE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A MARTIAL ARTS INSTRUCTION FACILITY; PROPERTY LOCATED AT 1100- 1120 SOUTH STREET, BY JAVIER ROCHA, D/B/A CHICAGO UNIFIED MIXED MARTIAL ARTS TRAINING ACADEMY, AS APPLICANT, AND WILLIAM LINNEMANN AND VALERIE GERVAIS, AS OWNERS Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve Petition 29-09 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. ORDINANCE G62-09 PASSED GRANTING A CONDITIONAL USE FOR A MARTIAL ARTS INSTRUCTION FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (1100-1120 SOUTH STREET) Councilmember Warren 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. G62-09 ORDINANCE GRANTING A CONDITIONAL USE FOR A MARTIAL ARTS INSTRUCTION FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (1100-1120 South Street) WHEREAS, written application has been made requesting conditional use approval for a martial arts instruction facility in the NB Neighborhood Business District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 4, 2009, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. VOLUME LXXIV NOVEMBER 18, 2009 753 Section 2. That a conditional use to permit the establishment of a martial arts instruction facility in the NB Neighborhood Business District at 1100-1120 South Street and legally described as follows: Lots 9, 10, 11, 12, 13 and 14 of Block 54 of South Washington Heights Subdivision Plat of Lot 2, being a Subdivision of Part of the Northeast Quarter of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois (Property commonly known as 1100-1120 South Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Javier Rocha, d/b/a Chicago Unified Mixed Martial Arts Training, dated received October 9, 2009. 2. Martial arts instruction facility shall be limited to the tenant space at 1108 South Street. 3. Parking lot to be striped prior to issuance of Certificate of Occupancy. 4. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 18, 2009 Passed: November 18, 2009 Vote: Yeas: 7 Nays: 0 Recorded: November 19, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk NOVEMBER 18, 2009 VOLUME LXXIV 754 RESOLUTION 09-245 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT WITH B & W CONTROL SYSTEMS INTEGRATION, INC. FOR WATER PLANT SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM UPGRADE Councilmember Kaptain made a motion, seconded by Councilmember Warren, 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. 09-245 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT WITH B & W CONTROL SYSTEMS INTEGRATION, INC. FOR WATER PLANT SUPERVISORY CONTROL AND DATA ACQUISTION SYSTEM UPGRADE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute Amendment No. 1 to the Engineering Services Agreement on behalf of the City of Elgin with B & W Control Systems Integration, Inc. for the Water Plant Supervisory Control and Data Acquisition System Upgrade, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 18, 2009 Adopted: November 18, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G63-09 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” Councilmember Kaptain 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. VOLUME LXXIV NOVEMBER 18, 2009 755 Ordinance No. G63-09 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby further amended by amending Section 6.06.040, entitled, “License Classes; Fees,” by adding the following new subsection to read as follows: “AA. Class X: For the retail sale of alcoholic liquor on the premises commonly known as 127 S. Grove Avenue, Elgin, Illinois and 200 Prairie Street, Elgin, Illinois, subject to the following restrictions and conditions: 1. The portion of the premises commonly known as 127 S. Grove Avenue, Elgin, Illinois and to be utilized for the so-called Roadhouse Bar & Grill shall be kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen facilities licensed and certified pursuant to the city’s retail food stores and food service establishments sanitation code, 77 Illinois Administrative Code 750, and with dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. The intent of this license classification is that the primary business conducted on such portion of the premises to be licensed shall be the service of meals in a restaurant that also has an integrated tavern area. A full menu, including entrees and appropriate side dishes, shall be available at all times liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday through Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar items, shall be available. Provided, the kitchen may cease operating no sooner than one hour before closing. 2. The portion of the premises commonly known as 200 Prairie Street, Elgin, Illinois, and to be utilized for the so-called Main Event Elgin shall be utilized for banquets or private parties or as an entertainment venue for live entertainment events including bands, comedy shows, boxing, kickboxing and mixed martial arts. Any such boxing, kickboxing and/or mixed martial arts events shall be conducted in accordance with all applicable requirements of law. The following events shall not be conducted on the premises: so-called ultimate fighting events; boxing or other fighting events or contests involving members of the public including, but not limited to, so-called amateur nights; mud wrestling or jell-o wrestling. Banquet or private party events in the Main Event Elgin portion of the premises shall consist of the catering of private parties NOVEMBER 18, 2009 VOLUME LXXIV 756 where there is service for consumption at tables of a full multiple course meal or hors d’oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold incident to such food service. Each banquet or private party at such facility shall be prearranged under the sponsorship of a particular person or organization, including, but not limited to, wedding dinners, school graduation dinners, periodic meetings of service organizations and political fund raising events. Banquet or private party events shall not be open to the general public except by appointment or special invitation. No admission charge shall be levied to guests at such banquet or private party events except for bona fide political fund raising events or bona fide charitable fund raising events sponsored by a not-for-profit corporation or association registered with the state. 3. The licensee may sell or permit to be sold alcoholic liquors daily from six o’clock (6:00) A.M. until three o'clock (3:00) A.M. the following day. The licensee may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day. All such liquor service shall be by the drink only, excepting vinous beverages by the bottle or carafe, or beer by the pitcher of a capacity not to exceed sixty (60) ounces. 4. The retail sale of alcoholic liquor for consumption in the exterior beer garden area adjoining the licensed premises shall be permitted daily from nine o’clock (9:00) A.M. until three o’clock (3:00) A.M. the following day. 5. No person who has not attained the age of twenty-one (21) years shall remain on the licensed premises after twelve o’clock (12:00) A.M. each day except persons eighteen (18) years of age or older, when such person is on the premises pursuant to employment. 6. The licensee shall not operate or permit the operation of any sound amplification device or system on the licensed premises which can be heard from a distance of 75 feet or more of any property line of the licensed premises. 7. A special police detail consisting of not less than one city police officer shall be required for each entertainment event conducted in the Main Event Elgin portion of the premises and such police detail shall be paid by the licensee upon receipt of invoice for such services from the city. The size of the special police detail shall be determined by the Chief of Police based upon, but not limited to, the anticipated number of patrons expected to attend the entertainment event. The special police detail shall commence at the time patrons are admitted to the entertainment event and shall conclude thirty (30) minutes following the conclusion of the entertainment event. The licensee shall VOLUME LXXIV NOVEMBER 18, 2009 757 enter into a written agreement with the City regarding such special police detail in a form as approved by the Corporation Counsel. 8. Prior to conducting a particular type of entertainment event in the Main Event Elgin portion of the premises the licensee shall submit to the Chief of Police a security plan for such type of entertainment event which must be approved by the Chief of Police and which includes an acknowledgement from the licensee that any changes to the security plan must be submitted to the Chief of Police in writing five (5) days before such an event. Such security plan shall include among other matters a system of badges, plastic bracelets or other such approved device so as to identify persons legally authorized to purchase and consume alcoholic liquor. 9. There shall be no exterior signage on the premises indicating or advertising the sale of alcoholic liquor. 10. The license fee per year is $10,000.” Section 2. Notwithstanding the foregoing provisions in Subsection 3 and Subsection 4 in Section 1 hereof which provide for the sale of alcoholic liquors daily until three o’clock (3:00) A.M. the following day, the licensee may until November 30, 2010, sell or permit to be sold alcoholic liquors on Fridays and Saturdays from six o’clock (6:00) A.M. until four o’clock (4:00) A.M. the following day and in the exterior beer garden adjoining the licensed premises on Fridays and Saturdays from nine o’clock (9:00) A.M. until four o’clock (4:00) A.M. the following day. The provisions of this section providing for the retail sale of alcoholic liquor on the licensed premises on Fridays and Saturdays until four o’clock (4:00) A.M. the following day shall without further City Council action automatically expire November 30, 2010. It is hereby declared to be the legislative intent of the City Council that the adoption of this ordinance provision allowing for the retail sale of alcohol until four o’clock (4:00) A.M. is being done on an experimental basis only and that the licensee shall not have any property interest, vested right, or other continuing protectable interest in the continuation of a four o’clock (4:00) A.M. license or the right to sell alcoholic liquor until four o’clock (4:00) A.M. The City Manager is directed to submit a report to the City Council prior to the automatic expiration of this section and therein shall advise the City Council as to the City’s experience with service hours until four o’clock (4:00) A.M. on the licensed premises and whether an ordinance providing for the continuation of four o’clock (4:00) A.M. sales on the licensed premises should be adopted. Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby further amended by amending Section 6.06.050, entitled “Licenses; Number to be Issued,” to add the following new subsection to read as follows: “N. The number of Class X licenses shall not exceed one (1) in number.” NOVEMBER 18, 2009 VOLUME LXXIV 758 Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending the introductory paragraph of Section 6.06.059, entitled “Off-Site Special Event Permit,” to read as follows: “There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as private parties, picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid class A, AA, A-1, D, E, E-1, E-2, F, F-1, K, N, O, P, R, R-1, S, U, V and X license. Except as otherwise expressed authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is twenty five dollars ($25.00). Any special event permit shall also be subject to the following:” Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending subparagraph A of Section 6.06.115, entitled “Basset Training Requirements,” to read as follows: “For licenses effective on or after May 1, 1990, the original or renewal application for a Class A, AA, A-1, B, B-1, C, C-1, D, E, E-1, E-2, F, F-1, G, J, K, N, N-1, O, P, R, R-1, S, T, U, V, and X license shall be accompanied with proof of completion of a State certified “Beverage Alcohol Sellers and Service Education and Training Program” (BASSET) for all persons who serve or sell alcoholic beverages pursuant to that license.” Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. 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 18, 2009 Passed: November 18, 2009 Vote: Yeas: 7 Nays: 0 Recorded: November 19, 2009 Published: November 20, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV NOVEMBER 18, 2009 759 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Warren 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 ESS Data Recovery Edwardsville, IL $ 17,919.84 Emergency Repair of Data Recovery System CONSENT AGENDA By unanimous consent, Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt Resolution Nos. 09-240 through 09-244 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-240 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO THE ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE FOR THE 2006 COMBINED SEWER SEPARATION PROJECT 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. 09-240 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO THE ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE FOR THE 2006 COMBINED SEWER SEPARATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute Amendment No. 3 to the Engineering Services Agreement on behalf of the City of Elgin with Rezek, Henry, Meisenheimer and Gende for the 2006 Combined Sewer Separation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor NOVEMBER 18, 2009 VOLUME LXXIV 760 Presented: November 18, 2009 Adopted: November 18, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-241 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PETROLIANCE, L.L.C. FOR OFFSITE FUELING SERVICES 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. 09-241 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PETROLIANCE, L.L.C. FOR OFFSITE FUELING SERVICES 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 an Agreement with Petroliance, L.L.C. for offsite fueling services on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 18, 2009 Adopted: November 18, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV NOVEMBER 18, 2009 761 RESOLUTION 09-242 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SYNAGRO CENTRAL, L.L.C. FOR REMOVAL AND DISPOSAL OF LIME RESIDUE 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. 09-242 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SYNAGRO CENTRAL, LLC. FOR REMOVAL AND DISPOSAL OF LIME RESIDUE 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 an Agreement with Synagro Central, LLC, for removal and disposal of lime residue on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 18, 2009 Adopted: November 18, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-243 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHAYA FRIEDMAN, D/B/A DACRA, FOR THE PURCHASE OF A SOFTWARE SYSTEM TO MANAGE THE ADMINISTRATIVE ADJUDICATION PROGRAM 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. NOVEMBER 18, 2009 VOLUME LXXIV 762 Resolution No. 09-243 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHAYA FRIEDMAN, D/B/A DACRA FOR THE PURCHASE OF A SOFTWARE SYSTEM TO MANAGE ADMINISTRATIVE ADJUDICATION PROGRAM 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 Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Chaya Friedman, d/b/a Dacra, for the purchase of a software system to manage administrative adjudication program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 18, 2009 Adopted: November 18, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-244 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAVEY RESOURCE GROUP, INC., A DIVISION OF THE DAVEY TREE EXPERT COMPANY FOR TREE INVENTORY AND MANAGEMENT PLAN 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. VOLUME LXXIV NOVEMBER 18, 2009 763 Resolution No. 09-244 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAVEY RESOURCE GROUP, A DIVISION OF THE DAVEY TREE EXPERT COMPANY FOR TREE INVENTORY AND MANAGEMENT PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and is hereby authorized and directed to execute an Agreement with Davey Resource Group, a Division of the Davey Tree Expert Company, for a tree inventory and management plan on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 18, 2009 Adopted: November 18, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. Cultural Arts Commission Minutes – October 12, 2009 Board of Fire and Police Commissioners Minutes – August 13, 2009 Retiree Health Insurance Trust Fund Board Minutes – August 10, 2009 Zoning and Subdivision Hearing Board Minutes – July 1, 2009 Hotel/Motel Tax Report – September, 2009 Committee of the Whole Minutes – October 28, 2009 City Council Minutes – October 28, 2009 Disbursement Report NOVEMBER 18, 2009 VOLUME LXXIV 764 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Warren made a motion, seconded by Councilmember Steffen, to adjourn the meeting and resume the Committee of the Whole meeting, specifically the portion regarding the budget discussion. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The regular meeting adjourned at 8:10 p.m. s/Diane Robertson December 2, 2009 Diane Robertson, City Clerk Date Approved