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HomeMy WebLinkAbouti - May 12, 2010 CC228 MAY 12, 2010 VOLUME LXXV 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 May 12, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:30 p.m. A moment of silence was observed for military and fallen police officers and the Pledge of Allegiance was led by Councilmember John Prigge. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE APRIL 28, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Prigge made a motion, seconded by Councilmember Warren, to approve the April 28, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS Elgin National Little League Proclamation Mayor Schock read a proclamation recognizing the sixtieth anniversary of the Elgin National Little League. Representatives of the League were recognized by the Mayor and they accepted the proclamation. National Bike Month Proclamation Mayor Schock read a proclamation recognizing May as National Bike Month. Tom Armstrong accepted the proclamation and announced several upcoming biking events. AMVETS Poppy Days Proclamation Mayor Schock read a proclamation recognizing May 20, 21, and 22, 2010, as AMVETS Poppy Days. Norm Bellows of the American Legion accepted the proclamation. VOLUME LXXV MAY12, 2010 229 Jerry Deering Recognition Proclamation Mayor Schock read a proclamation recognizing Jerry Deering for his thirty-plus years of service to the city. Mr. Deering thanked everyone for the support over the years. Jim Nowicki Recognition Proclamation Mayor Schock read a proclamation recognizing Jim Nowicki for his seventeen years of outstanding service to the city. Mr. Nowicki thanked everyone for the support over the years. RECOGNIZE PERSONS PRESENT Eleanor Richoz thanked Councilmember Prigge and staff for adding more handicapped spaces in the Fulton Street parking deck and for adding signage for the Veterans Memorial Park. Cece Page would like to see an ordinance passed by the Council against feeding nuisance animals and another one against stockpiling wood which attracts nuisance animals. BID 10-016 AWARDED TO LANDMARK CONTRACTORS, INC. FOR THE 2010 CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE PROJECT – PHASE 4 Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve an agreement with Landmark Contractors, Inc. in the amount of $4,273,541.44 for the 2010 Central Business District Street Resurfacing and Streetscape Project – Phase 4. Councilmember Prigge noted this was an example of getting quality work at the lowest price. Mayor Schock stated that the cost of this project was being covered by TIF funds. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 10-023 AWARDED TO C-A CEMENT, INC. FOR THE 2010 NEIGHBORHOOD STREET REHABILITATION – PARK STREET PROJECT Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve an agreement with C-A Cement Inc. in the amount of $1,864,629.29 for the 2010 Neighborhood Street Rehabilitation – Park Street Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. MAY 12, 2010 VOLUME LXXV 230 BID 10-024 AWARDED TO TRIGGI CONSTRUCTION FOR THE 2010 NEIGHBORHOOD STREET REHABILITATION – SPRING STREET PROJECT Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to approve an agreement with Triggi Construction in the amount of $1,532,233.10 for the 2010 Neighborhood Street Rehabilitation – Spring Street Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 10-027 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF A WIRELESS MICROPHONE SYSTEMS FOR THE HEMMENS CULTURAL CENTER AND THE CENTRE, AS WELL AS AN INTERCOM SYSTEM FOR THE HEMMENS CULTURAL CENTER Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve the purchase of certain wireless microphone and intercom equipment totaling $41,643.50 from the following vendors: B & H Photo in the amount of $40,624; Roscor Corporation in the amount of $942; and Full Compass Systems in the amount of $77.50. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. STATE BID AWARDED TO CDS OFFICE TECHNOLOGIES FOR THE PURCHASE OF PANASONIC ARBITRATOR MOBILE VIDEO RECORDER SYSTEMS FOR THE POLICE DEPARTMENT USING THE STATE OF ILLINOIS CENTRAL MANAGEMENT SERVICES JOINT PURCHASING PROGRAM Councilmember Prigge made a motion, seconded by Councilmember Warren, to approve an agreement CDS Office Technologies in the amount of $250,000 for the purchase of Panasonic Arbitrator 360 mobile video recorder systems for the Elgin Police Department using the State of Illinois Central Management Services Joint Purchasing Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-99 ADOPTED AUTHORIZING EXECUTION OF FIRST AMENDMENT AGREEMENT WITH BAXTER AND WOODMAN, INC. (NPDES PHASE II STORM WATER PERMIT PROJECT) Councilmember Prigge made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None. Councilmember Warren abstained due to a conflict of interest. VOLUME LXXV MAY12, 2010 231 Resolution No. 10-99 RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDMENT AGREEMENT WITH BAXTER AND WOODMAN, INC. (NPDES Phase II Storm Water Permit 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 first amendment agreement with Baxter and Woodman, Inc. on behalf of the City of Elgin for the National Pollution Discharge Elimination System (NPDES) Phase II Storm Water Permit Compliance Project 2007-2013, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 2010 Adopted: May 12, 2010 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-100 ADOPTED APPOINTING COLLEEN LAVERY AS CITY TREASURER OF THE CITY OF ELGIN, ILLINOIS 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. 10-100 RESOLUTION APPOINTING COLLEEN LAVERY AS CITY TREASURER OF THE CITY OF ELGIN, ILLINOIS WHEREAS, a vacancy has been created in the office of City Treasurer; and WHEREAS, the Mayor and members of the City Council concur in the appointment of Colleen Lavery as City Treasurer. MAY 12, 2010 VOLUME LXXV 232 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Colleen Lavery be and is hereby appointed to the office of City Treasurer of the City of Elgin with all power, authority and duty of the office of City Treasurer, as established by the statutes of the State of Illinois and ordinances of the City of Elgin. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 2010 Adopted: May 12, 2010 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G22-10 PASSED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH ARTSPACE PROJECTS, INC. FOR DEVELOPMENT AT 51 S. SPRING STREET Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: Councilmember Dunne. Ordinance No. G22-10 AN ORDINANCE AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH ARTSPACE PROJECTS, INC. FOR DEVELOPMENT AT 51 S. SPRING STREET BE IT ORDAINED 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 Artspace Projects, Inc. regarding the City's conveyance of the property at 51 S. Spring Street and the development of such property for live/work space for artists, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV MAY12, 2010 233 Presented: May 12, 2010 Passed: May 12, 2010 Vote: Yeas: 6 Nays: 1 Recorded: May 13, 2010 Published: May 14, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G23-10 PASSED AMENDING TITLE 2 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ADMINISTRATION AND PERSONNEL" Councilmember Prigge made a motion, seconded by Councilmember Kaptain, 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. G23-10 AN ORDINANCE AMENDING TITLE 2 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ADMINISTRATION AND PERSONNEL” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.12.010 of the Elgin Municipal Code, 1976, as amended, entitled “Office Established; Appointment; Bond;” be and is hereby further amended to read as follows: “2.12.010 OFFICE ESTABLISHED; APPOINTMENT; BOND; The office of City Manager is established. The office of City Manager shall consist of the City Manager, the Assistant City Manager and such other employees as may be authorized by the City Council. The City Manager shall be appointed by the City Council for an indefinite term, as provided by law. Before taking office, the City Manager shall furnish a Fidelity bond in the amount of Five Thousand Dollars ($5,000), conditioned upon the faithful performance of his duties with a corporation licensed to do business in Illinois, as surety. Such bond shall be filed with the clerk after being approved by the City Council.” Section 2. That Section 2.12.145 entitled “Assistant City Manager for Special Services”, Section 2.12.150 entitled “Budget and Public Information Officer” and Section 2.12.160 entitled “Management Assistant” of the Elgin Municipal Code, 1976, as amended, be and are hereby repealed. MAY 12, 2010 VOLUME LXXV 234 Section 3. That Chapter 2.17 of the Elgin Municipal Code, 1976, as amended, entitled “Division of Fiscal Services” be and is hereby repealed. Section 4. That Chapter 2.18 of the Elgin Municipal Code, 1976, as amended, entitled “Division of Community Development” be and is hereby repealed. Section 5. That Chapter 2.19 of the Elgin Municipal Code, 1976, as amended, entitled “Division of General Services” be and is hereby amended in its entirety to read as follows: CHAPTER 2.19 PUBLIC SERVICES DEPARTMENT 2.19.010 DEPARTMENT ESTABLISHED: A. There is established an administrative department of the City to be known as the Public Services Department. The Public Services Department shall include of the Public Works Department, the Engineering Department, the Department of Water and the Department of Building Maintenance. The Public Services Department shall consist of the Public Services Director and such other employees as may be authorized by the City Council. B. There is established the Office of Public Services Director. The Public Services Director shall be appointed by the City Manager. 2.19.020 PUBLIC SERVICES DIRECTOR; DUTIES: The Public Services Director shall be responsible for the oversight and coordination of the operations of the Public Works Department, the Engineering Department, the Department of Water and the Department of Building Maintenance and shall have such additional duties and responsibilities as assigned by the City Manager. The Public Services Director may also simultaneously serve as the Director of the Public Works Department, the Engineering Department, the Department of Water or the Department of Building Maintenance.” Section 6. That Chapter 2.24 of the Elgin Municipal Code, 1976, as amended, entitled “Cemetery Department; Cemeteries” be and is hereby amended by amending the title thereof to read “Cemeteries”. Section 7. That Section 2.24.010 of the Elgin Municipal Code, 1976, as amended, entitled “Cemetery Department Established” be and is hereby amended to read as follows: “2.24.010 CEMETERIES: City cemeteries shall be maintained by the Public Works Department under the supervision of the Public Works Director. References in this chapter to the Superintendent shall mean the Public Works Director of the City.” VOLUME LXXV MAY12, 2010 235 Section 8. That Section 2.24.030, entitled “Superintendent of Cemeteries; Assistant:”, Section 2.24.040, entitled “Superintendent of Cemeteries; Duties:” and Section 2.24.050, entitled “Assistant Superintendent; Duties” of the Elgin Municipal Code, 1976, as amended, be and are hereby repealed. Such repealed sections shall be identified in this Code as “Reserved.” Section 9. That Chapter 2.28 of the Elgin Municipal Code, 1976, as amended, entitled “Planning and Neighborhood Services Department” be and is hereby amended in its entirely to read as follows: CHAPTER 2.28 COMMUNITY DEVELOPMENT DEPARTMENT 2.28.010: DEPARTMENT ESTABLISHED: There is established an administrative department of the City government to be known as the Community Development Department. This department shall include the Planning and Neighborhood Services Division and the Building and Development Services Division. The department shall consist of the Community Development Director and such other employees as may be authorized by the City Council. 2.08.020: DIRECTOR; OFFICE ESTABLISHED: There is established the Office of Community Development Director. The Community Development Director shall be appointed by the City Manager. 2.08.030: DIRECTOR; POWERS AND DUTIES: A. The Community Development Director shall be the City’s Chief Planner and shall be responsible for supervising the employees and the operations of the Planning and Neighborhood Services Division and the Building and Development Services Division. B. The Community Development Director shall be responsible and actively engaged in formulating and making recommendations for the orderly development and growth of the community, the Comprehensive Plan of the City, and the coordination of implementation of the Comprehensive Plan and related City codes. C. The Community Development Director shall be responsible for all planning activities, including: 1. To review all plats of subdivision, annexation plats, annexation agreements, and other development proposals to see that the same comply with the City's adopted plans and policies; 2. To prepare, maintain and administer the Comprehensive Plan and area plans; MAY 12, 2010 VOLUME LXXV 236 3. To update and maintain impact fee, recapture, zoning and subdivision ordinances and programs; 4. To prepare studies, designs and plans as parts of the Comprehensive Plan; 5. To prepare statistical data and basic maps, charts and tables relative to the Comprehensive Plan; 6. To prepare technical reports on special planning programs; 7. To administer the Community Development Block Grant and Historic Architecture Grant Programs; 8. To conduct land use studies and analyses of changes in land use; 9. To analyze and prepare summary reports on economic, social, physical and population data and correlate such information with the Comprehensive Plan of the City; D. The Community Development Director shall also be known as the Building Official and the Code Official and shall be responsible for building and development activities including: 1. To meet and counsel with subdividers and developers relative to the City’s Comprehensive Plan, zoning ordinance and other ordinances, in relation to their particular projects; to review all plats of subdivision and annexation plats submitted to the City and make comments relative to the same; and to review all site plans and plats of subdivision which are submitted to the City to see that the same comply with the general provisions of the Subdivision Ordinance and Zoning Ordinance of the City. 2. The enforcement of all building, health and zoning codes and ordinances of the City relating to the health and safety and the maintenance and preservation of property as found in this Code. 3. The Community Development Director shall advise and assist the various boards and commissions of the City involved in or concerned with the amendment or enforcement of the health, building, housing, food service, sanitation and safety codes of the City including, but not limited to, the Board of Health, the Building Commission, the Electrical Committee and the Plumbing Committee. 4. The Community Development Director or his designee shall attend all meetings of the Planning and Development Commission and committees thereof, ensure plans and recommendations of the Commission to be properly kept, and shall keep that body informed as to matters within its jurisdiction. The Director shall also maintain the records of the Commission and shall cause all matters requiring a public hearing within its jurisdiction to be brought to its attention. VOLUME LXXV MAY12, 2010 237 5. The Community Development Director or his designee shall attend all meetings of the Zoning and Subdivision Hearing Board and committees thereof, ensure all plans and recommendations of the Board to be properly kept, and shall keep that body informed as to matters within its jurisdiction. The Director shall also maintain the records of the Board and shall cause all matters requiring a public hearing within its jurisdiction to be brought to its attention. 6. Notwithstanding the other provisions of this chapter, the Code Enforcement Manager shall report to and be supervised by the Assistant City Manager/Chief Operating Officer. E. The Community Development Director shall perform such other duties as directed by the City Manager or the Chief Development Officer or as otherwise provided in this code.” Section 10. That Title 2 of the Elgin Municipal Code, 1976, as amended, entitled “Administration and Personnel” be and is hereby further amended by adding a new Chapter 2.34 thereto entitled “Human Resources Department” to read as follows: CHAPTER 2.34 HUMAN RESOURCES DEPARTMENT 2.34.010 DEPARTMENT ESTABLISHED: There is hereby established an administrative department of the City government to be known as the Human Resources Department. The Human Resources Department shall consist of the Human Resources Director and such other employees as may be authorized by the City Council. 2.34.020 DIRECTOR; OFFICE ESTABLISHED: There is established the office of Human Resources Director. The Human Resources Director shall be appointed by the City Manager. 2.34.030 DIRECTOR; POWERS AND DUTIES: The Human Resources Director shall be responsible for supervising the employees and the operations of the Human Resources Department. The Human Resources Director shall also be responsible for certain administrative matters concerning City employees as determined by the City Manager including recruitment, training and employee benefits. The Human Resources Director shall perform such other duties as directed by the City Manager or as otherwise provided in this Code.” Section 11. That Chapter 2.36 of the Elgin Municipal Code, 1976, as amended, entitled “Department of Finance” be and is hereby amended in its entirety to read as follows: MAY 12, 2010 VOLUME LXXV 238 CHAPTER 2.36 FISCAL SERVICES DEPARTMENT 2.36.010 DEPARTMENT ESTABLISHED: There is hereby established an administrative department of the City government to be known as the Fiscal Services Department. The Fiscal Services Department shall include the Accounting Division, Citizen and Customer Services Division, Office of Budget and Performance Measurement and the Procurement and Central Services Division. The department shall consist of the Fiscal Services Director and such other employees as may be authorized by the City Council. 2.36.020 DIRECTOR; OFFICE ESTABLISHED: There is established the office of Fiscal Services Director. The Fiscal Services Director shall be appointed by the City Manager. The Fiscal Services Director shall be the Chief Financial Officer of the City and shall also be known and referred to in this Code and otherwise as the Chief Financial Officer or the Director of the Department of Finance. 2.36.030: DIRECTOR; POWERS AND DUTIES: A. The Fiscal Services Director shall be the City’s Chief Financial Officer and shall be responsible for supervising the employees and the operations of the Fiscal Services Department. B. The Fiscal Services Director shall be responsible for all aspects of the City’s finances including, but not limited to, accounting and internal auditing, assisting with budget formulation and execution, assisting with the annual appropriation and tax levy ordinances, collection of revenues, billing, payment of bills, disbursements, investment of City funds, treasury and debt administration, preparation of financial reports and statements and auditing. The Fiscal Services Director shall be eligible for appointment as the City Treasurer without additional compensation and if so appointed shall also perform the duties as City Treasurer as provided by law. C. The Fiscal Services Director shall perform such other duties as directed by the City Manager or as otherwise provided by this Code or as otherwise provided by law. 2.36.040 BUDGET AND PURCHASING OFFICER; ESTABLISHED; POWERS AND DUTIES: There is established the office of Budget and Purchasing Officer. The Budget and Purchasing Officer shall also be known and referred to in this Code as the Purchasing Director or the Purchasing Agent. The Budget and Purchasing Officer shall be responsible for supervising the operations of the Office of Budget and Performance Measurement and the Procurement and VOLUME LXXV MAY12, 2010 239 Central Services Division. The Budget and Purchasing Officer shall also be responsible for budgeting and procurement activities including: A. Budget Officer duties as provided by statute, by this Code and as assigned by the City Manager; B. Establishing purchasing procedures for the departments of the City which are consistent with the City’s procurement ordinance and this Code including the following powers and duties: 1. To purchase or contract for all supplies and contractual services needed by any City department in accordance with purchasing procedures as prescribed by the ordinances of the City. 2. To act to procure for the City the highest quality in supplies and contractual services at the least expense to the City. 3. To prevent uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales. 4. To open all sealed bids unless otherwise provided by law; be responsible for tabulating all bids or review bid tabulations prepared by the using Department. 5. To trade in, sell or dispose of such materials, supplies or equipment of the City as may become surplus, obsolete or unusable. 6. To keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations. 7. To prescribe and maintain such forms as the Budget and Purchasing Officer shall find reasonably necessary to the operation of the Procurement and Central Services Division and the implementation of the purchasing procedures as prescribed by the ordinances of the City. 8. To prepare and adopt a standard purchasing nomenclature for use of departments, vendors and suppliers. 9. To prepare, adopt and maintain a vendors and suppliers list and catalog file. 10. To prepare, adopt and maintain a contract administration system designed to ensure that contractors are performing in accordance with the terms and conditions of contracts which are awarded. Such a contract administration system shall include a reporting system for using departments so as to allow MAY 12, 2010 VOLUME LXXV 240 regular reports to the Budget and Purchasing Officer on contract performance. 11. To preserve the integrity of the purchasing system. 12. To perform such other duties as directed by the City Manager or as otherwise provided by this Code or by law.” Section 12. That Chapter 2.37 of the Elgin Municipal Code, 1976, as amended, entitled “Department of Management Information Services” be and is hereby amended by amending all references therein to “Management Information Services” to read “Information Technology Services”. Section 13. That Chapter 2.38 of the Elgin Municipal Code, as amended, entitled “Department of Purchasing” be and is hereby repealed. Section 14. That Chapter 2.44 of the Elgin Municipal Code, 1976, as amended, entitled “Law Department” is hereby further amended in its entirety to read as follows: CHAPTER 2.44 LAW DEPARTMENT 2.44.010: DEPARTMENT ESTABLISHED: There is established an executive department of the City government to be known as the Law Department. The Law Department shall consist of a Corporation Counsel and such other employees as may be authorized by the City Council. 2.44.020 POSITION ESTABLISHED: There is established the office of Corporation Counsel who shall be the Chief Legal Officer of the City. The Corporation Counsel shall be appointed by the City Manager. 2.44.030 CORPORATION COUNSEL; DUTIES: A. The Corporation Counsel shall be responsible for supervising the employees and the operations of the Law Department. B. The Corporation Counsel shall be the chief legal officer of the City. It shall be the duty of the Corporation Counsel to prosecute or defend or supervise the prosecution or defense of all suits of any nature which may be begun by or against the City, or in which the City may be an interested party. He shall supervise all matters pertaining to special assessments. He shall see to the enforcement or collection of all judgments, orders and decrees entered in favor of the City. He shall be the chief legal adviser to the City Council and he shall give advice and opinions upon request on any legal subject upon VOLUME LXXV MAY12, 2010 241 request of the Council. He shall attend all regular and special meetings of the Council, and assist the Council in its deliberations upon the request of any member. C. The Corporation Counsel shall approve all contracts, leases, assignments, deeds, easements or other legal documents entered into or executed by or on behalf of the City before the same shall be executed, provided that this provision shall not be construed as affecting the legality and validity of any such instrument which has been executed without the approval of the Corporation Counsel. D. The Corporation Counsel shall have charge of all prosecutions for ordinance violations. E. The Corporation Counsel shall also serve as the City’s Chief Development Officer. The duties of the Chief Development Officer shall include general oversight of the Community Development Department, the coordination of development activities with all of the various City departments and such other duties directed by the City Manager. The Corporation Counsel shall also be known and referred to as the Corporation Counsel/Chief Development Officer. F. The Corporation Counsel shall supervise the Office of Professional Standards and the Professional Standards Officer. The Office of Professional Standards shall be the investigative authority and the Professional Standards Officer shall have the authority to investigate, and to issue findings for, all internal investigations regarding City officers or employees and regarding the operations of City departments, programs, functions and those doing business with the City. All such investigations shall be conducted under the authority of the Professional Standards Officer. The Professional Standards Officer shall review all investigations. All City officers, employees and City contractors are required to cooperate in investigations with the Professional Standards Officer or with individuals assigned by the Professional Standards Officer to conduct such investigations. Other City officers or employees assigned to conduct internal investigations by the Professional Standards Officer shall report on such investigations directly to the Professional Standards Officer. The Professional Standards Officer shall have the authority to prepare and issue rules and procedures with respect to investigations. The Professional Standards Officer shall perform such other duties as directed by the City Manager or by the Corporation Counsel or as otherwise provided in this Code. G. The Corporation Counsel shall also serve as the City’s Risk Management Officer. H. The Corporation Counsel shall also supervise the employees and the operations of the Office of the City Clerk. I. The Corporation Counsel shall perform such other duties as directed by the City Manager or as otherwise provided in this code.” Section 15. That Chapter 2.65 of the Elgin Municipal Code, 1976, as amended, entitled “Department of Code Administration and Development Services” be and is hereby amended in its entirety to read as follows: MAY 12, 2010 VOLUME LXXV 242 CHAPTER 2.65 CODE ENFORCEMENT DEPARTMENT 2.65.010 DEPARTMENT ESTABLISHED: There is established an administrative department of the City government to be known as the Code Enforcement Department. This department shall consist of the Code Enforcement Manager and such other employees as may be authorized by the City Council. 2.65.020 OFFICE ESTABLISHED: There is established the office of Code Enforcement Manager. The Code Enforcement Manager shall be appointed by the City Manager. 2.65.030 CODE ENFORCEMENT MANAGER; POWERS AND DUTIES: The Code Enforcement Manager shall be responsible for the supervision of the employees and the operations of the Code Enforcement Department. The Code Enforcement Manager shall also be responsible for the enforcement of all building, property maintenance, health and zoning code and ordinances of the City relating to the health and safety and the maintenance and preservation of property as found in this Code. The Code Enforcement Manager shall perform such other duties as directed by the City Manager or otherwise provided in this Code.” Section 16. That Chapter 2.68 of the Elgin Municipal Code, 1976, as amended, entitled “Department of Public Works and Engineering” be and is hereby amended in its entirety to read as follows: CHAPTER 2.68 PUBLIC WORKS DEPARTMENT 2.68.010 DEPARTMENT ESTABLISHED: There is established an administrative department of the City government to be known as the Public Works Department. The department shall consist of the Public Works Director and such other employees as may be authorized by the City Council. 2.68.020 DIRECTOR; OFFICE ESTABLISHED: There is established the office of Public Works Director. The Public Works Director shall be appointed by the City Manager. 2.68.030 DIRECTOR; POWERS AND DUTIES: The Director of Public Works shall be responsible for the supervision of the employees and the operations of the Public Works Department. The Director of Public Works shall also be VOLUME LXXV MAY12, 2010 243 responsible for the maintenance of all City buildings and properties not assigned to another City department for maintenance including, but not limited to, streets, sidewalks, storm sewers, sanitary sewers, lift stations, traffic signals, street lights, street signs, parking garages, parking lots, equipment, buildings, cemetery and other property. The Director of Public Works shall also be responsible for the supervision of the contract for the collection and disposal of garbage and refuse, the installation and maintenance of traffic signs and traffic control devices, the removal of snow and control of ice and other material upon the City streets and the removal of leaves from City streets in areas designated for street removal. The Director of Public Works shall also be responsible for overseeing construction on City property. The Director of Public Works shall perform such other duties as directed by the City Manager or otherwise provided in this Code.” Section 18. That Title 2 of the Elgin Municipal Code, 1976, as amended, entitled “Administration and Personnel” be and is hereby further amended by adding a new Chapter 2.69 thereto entitled “Engineering Department” to read as follows: CHAPTER 2.69 ENGINEERING DEPARTMENT 2.69.010 DEPARTMENT ESTABLISHED: There is established an administrative department of the City government to be known as the Engineering Department. This department shall consist of the City Engineer and such other employees as may be authorized by the City Council. 2.69.020 POSITION ESTABLISHED: There is established the office of City Engineer. The City Engineer shall be appointed by the City Manager. 2.69.030 CITY ENGINEER; POWERS AND DUTIES: The City Engineer shall be responsible for the supervision of the employees and the operations of the Engineering Department. The City Engineer shall also be responsible for all City engineering including engineering relating to traffic, construction, planning, design and inspection. The City Engineer shall also be responsible for the review of all subdivision plans and engineering plans submitted to the City. The City Engineer shall perform such other duties as directed by the City Manager or otherwise provided in this Code.” Section 19. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. MAY 12, 2010 VOLUME LXXV 244 Section 20. 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: May 12, 2010 Passed: May 12, 2010 Vote: Yeas: 7 Nays: 0 Recorded: May 13, 2010 Published: May 14, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Warren made a motion, seconded by Councilmember Prigge, 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 City of Elgin – The Centre Elgin, IL $ 25,993.70 Rental by City of Elgin and Governmental Agencies Water Well Solutions Oconomowoc, WI $ 30,870.00 Water Well Repairs MOTION TO REMOVE ORDINANCES G20-10 AND G21-10 FROM THE CONSENT AGENDA Councilmember Dunne made a motion, seconded by Councilmember Steffen, to remove Ordinances G20-10 and G21-10 from the consent agenda for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXV MAY12, 2010 245 ORDINANCE G20-10 PASSED AMENDING ORDINANCE NO. G41-09 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Warren, and Mayor Schock. Nays: None. Councilmember Dunne and Councilmember Steffen abstained due to a conflict of interest. Ordinance No. G20-10 AN ORDINANCE AMENDING ORDINANCE NO. G41-09 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G 41-09 be and is hereby amended in its entirety to read as follows: Section 1. That there is hereby established the following schedule of standard hourly pay ranges for part time and seasonal employees as follows: Pay Step Single Rate Positions Grade 1 P.T. EMERGENCY DISPATCH COORD 905 $27.9991 P.T. CRIME PREVENTION SPECLST 967 $22.2986 P.T. ASST COMM SERV WORK COORD 971 $17.1693 P.T. BOX OFFICE SUPERVISOR P.T. EVIDENCE CUSTODIAN P.T. POLICE AUXILIARY P.T. PUBLIC SAFETY TELECOMMUNICATOR 972 $24.8419 P.T. RELIEF ADMIN. SECRETARY 973 $17.7930 P.T. BOX OFFICE COORDINATOR 974 $15.2490 P.T. HEMMENS TECHNICIAN P.T. RELIEF SECRETARY P.T. SPEC PROJECT INTERN-FINANCE 976 $13.5087 P.T. CROSSING GUARD 977 $12.8854 P.T. SPEC PROJECT INTERN 978 $12.4747 P.T. SSNL INTERN - CODE ADMIN. P.T. PARKING CONTROL OFFICER 979 $12.3764 MAY 12, 2010 VOLUME LXXV 246 P.T. PLUMBING INSPECTOR 980 $27.1000 P.T. PLANNER 983 $32.2733 P.T. SPEC PROJECT INTERN 995 $12.4777 P.T. DOMESTIC VIOLENCE CASE MGR 996 $24.5858 Pay Step Step Step Step Step Year Round Positions Grade 1 2 3 4 5 P.T. LAB WORKER 901 $12.4256 $13.0002 $13.6896 $14.3789 $14.8058 P.T. SECRETARY 902 $11.3914 $11.9333 $12.6059 $13.2793 $13.6730 P.T. HEMMENS SECRETARY P.T. BILINGUAL CLERK TYPIST 903 $11.2274 $11.7034 $12.3107 $12.9019 $13.2955 P.T. CLERK TYPIST (I) P.T. RECEPTIONIST (I) P.T. CLERK 904 $10.3247 $10.8168 $11.3914 $11.9661 $12.3270 P.T. POLICE RECORDS CLERK P.T. JANITOR 907 $9.9307 $10.5380 $11.1289 $11.7362 $12.0808 P.T. HEAD USHER 908 $9.7173 $10.2427 $10.7185 $11.2108 $11.5391 P.T. PAVILION ATTENDANT 909 $9.2414 $9.7173 $10.2427 $10.7513 $11.0795 P.T. HEMMENS STAGE HAND 913 $12.4526 $13.0273 $13.7166 $14.4059 $14.8329 P.T. ACCOUNT CLERK 916 $11.8918 $12.4256 $13.0002 $13.6896 $14.3789 P.T. ACCOUNT CLERK (I) P.T. BOX OFFICE CLERK P.T. BOX OFFICE CLERK (I) P.T. ACCOUNTING TECHNICIAN 938 $19.7055 $20.5861 $21.5157 $22.4820 $23.4973 P.T. CUSTOMER SERVICE CLERK 987 $11.8968 $12.4146 $12.9956 $13.6901 $14.3848 Pay Step Step Step Step Seasonal & Summer Positions Grade 1 2 3 4 P.T. FORESTER 920 $11.4408 $12.0481 $12.5896 $13.1151 P.T. LABORER P.T. LABORERS (25 HOURS/WEEK) P.T. SEAS. LABORER-PARKS P.T. SEASONAL LABORER-CEMETERY P.T. SEASONAL LABORER-GOLF P.T. SUMMER GROUNDS WKR-GOLF P.T. SUMMER GROUNDS WKR-PARKS P.T. SUMMER P.W. WKR-WTR DIST VOLUME LXXV MAY12, 2010 247 P.T. SUMMER MAINT. WORKER 924 $8.6340 $9.1591 $9.6351 $10.1111 STAFF AIDES (SUMM INTERN/ENG) 926 $10.1278 $10.6363 $11.3914 $12.1464 P.T. BICYCLE PATROL 928 $9.2414 $9.7173 $10.2427 $10.7513 P.T. ATTENDANT - GENERAL 946 $8.7324 $9.2414 $9.7173 $10.2097 Section 2. That with the exception of the positions listed below there is hereby established the following benefit program for permanent (non-seasonal) part-time employees averaging 20 or more hours per week: 1. Vacation - one week per year (calculated in hours as the average number of hours worked per week by the eligible part-time employee). 2. Sick leave, Medical Insurance or Opt Out (HRA) - Eligible part-time employees may choose among the annual accrual of three (3) four hour sick days , participation in the City’s comprehensive major medical insurance program for employee and dependents provided to other City employees with eligible part- time employee paying fifty percent (50%) of the premium costs for such medical insurance coverage or participation in the City’s Opt-Out plan (HRA-Health Reimbursement Account) – annual reimbursement of $1000. Holidays – Ten (10) holidays, consisting of New Years Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours as four hours for each holiday). Employees in the position of P.T. Hemmens Secretary shall not be eligible for or receive any of the benefits set forth in this Section 2. Section 3. The City Manager, in the City Manager's discretion, may withhold proposed step increases or cost of living salary increases for a specific employee based upon such employee's substandard performance. Section 4. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect as of May 1, 2010. s/ Ed Schock Ed Schock, Mayor MAY 12, 2010 VOLUME LXXV 248 Presented: May 12, 2010 Passed: May 12, 2010 Vote: Yeas: 5 Nays: 0 Recorded: May 13, 2010 Published: May 14, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G21-10 PASSED AMENDING ORDINANCE NO. G44-09 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT Councilmember Warren made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Warren, and Mayor Schock. Nays: None. Councilmember Dunne and Councilmember Steffen abstained due to a conflict of interest. Ordinance No. G21-10 AN ORDINANCE AMENDING ORDINANCE NO. G44-09 ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN PARKS AND RECREATION DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G44-09 be and is hereby amended in its entirety to read as follows: Section 1. That there is hereby established the following schedule of standard hourly pay ranges for part time and seasonal Parks & Recreation employees as follows: PAY STEP STEP STEP STEP STEP POSITION TITLE GRADE 1 2 3 4 5 P.T. Pool - Guard (N) 101 $8.25 $8.25 $8.50 $8.75 $9.00 P.T. Junior Leader (N) U101 $7.75 $7.75 $8.00 $8.25 $8.50 P.T. Attendant (N) 102 $8.25 $8.25 $8.50 $8.75 $9.00 P.T. Intern (N) U102 $7.75 $7.75 $8.00 $8.25 $8.50 P.T. Pool - WSI Guard (N) 103 $8.50 $8.75 $9.00 $9.25 $9.50 U103 $8.25 $8.25 $8.50 $8.75 $9.00 VOLUME LXXV MAY12, 2010 249 P.T. Babysitter (N) 104 $8.25 $8.50 $9.00 $9.50 $10.00 P.T. Desk Clerk (N) 105 $8.25 $8.75 $9.50 $10.25 $11.00 P.T. Pool - Assistant Head Guard (N) 106 $9.00 $9.50 $10.00 $10.50 $11.00 P.T. Instructor - Asst. - Preschool (N) 107 $8.25 $8.75 $9.50 $10.25 $11.00 P.T. Program Leader (N) 108 $8.50 $8.75 $9.00 $9.25 $9.50 P.T. Program Leader-before & after school program held in School District 301 P.T. Program Leader –The Centre after school program P.T. Activity Supervisor (N) 109 $9.00 $9.75 $10.50 $11.25 $12.00 P.T. Café/Concession Manager (N) 110 $9.00 $10.00 $11.00 $12.00 $13.00 P.T. Pool - Manager (N) 111 $10.00 $11.00 $12.00 $13.00 $14.00 P.T. Head Guard (N) P.T. Facility Supervisor (N) P.T. Facility Supervisor at the ERC for weekend and evening Supervision P.T. Director/Program Coordinator (N) P.T. Bartender (N) 112 $10.00 $11.25 $12.50 $13.75 $15.00 P.T. Instructor - Preschool (N) P.T. Instructor - General Recreation (N) 113 $11.00 $12.00 $13.00 $14.00 $15.00 P.T. Youth Soccer Official (N) 114 $15.50 $18.00 $18.00 $18.00 $18.00 P.T. Swim Team Coach (N) 115 $12.00 $13.00 $14.00 $15.00 $16.00 P.T. Membership Sales Associate (N) 116 $10.00 $12.00 $14.00 $16.00 $18.00 P.T. Instructor - Specialty (N) 117 $14.00 $15.00 $16.00 $17.00 $18.00 P.T. Banquet Rental Coordinator P.T. PreSchool Coordinator P.T. Instructor - Group Fitness (N) 118 $15.00 $18.75 $22.50 $26.25 $30.00 MAY 12, 2010 VOLUME LXXV 250 P.T. Instructor - GF Specialty (N) 119 $20.00 $25.00 $30.00 $35.00 $40.00 P.T. Attendant - Clubhouse 120 $8.25 $8.60 $9.00 $9.40 $9.60 P.T. Attendant – ProShop Bowes Creek P.T. Attendant - Driving Range/Carts 121 $8.25 $8.25 $8.50 $8.75 $9.00 P.T. Cart/Bag Attendants P.T. Attendant - Starter/Ranger 122 $8.25 $8.25 $8.50 $8.75 $9.00 P.T. Sales & Event Coordinator 123 $17.50 $18.00 $18.50 $19.00 $19.50 P.T. Outside Service Captain 124 $10.75 $11.00 $11.25 $11.50 $11.75 Section 2. That with the exception of the positions noted below there is hereby established the following benefit program for permanent (non-seasonal) part-time employees averaging 20 or more hours per week: 2. Vacation - one week per year (calculated in hours as the average number of hours worked per week by the eligible part-time employee). 3. Sick leave, Medical Insurance, or Opt Out (HRA) - Eligible part-time employees may choose between the annual accrual of three (3) four hour sick days or participation in the City’s comprehensive major medical insurance program for employee and dependents provided to other City employees with eligible part-time employee paying fifty percent (50%) of the premium costs for such medical insurance coverage or participate in the City’s Opt-Out plan (HRA- Health Reimbursement Account) – annual reimbursement of $1000. 3. Holidays – Ten (10) holidays, consisting of New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours as four hours for each holiday). Employees in the positions of P.T. Program Leaders to assist with before and after school programs held in School District 301 schools, P.T. Program Leaders for the Centre after school program, P.T. Head Guard and the P.T. Facility Supervisor at the ERC for weekend and evening supervision shall not be eligible for or receive any of the benefits set forth in this Section 2. Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. VOLUME LXXV MAY12, 2010 251 Section 4. That this ordinance shall be in full force and effect as of May 1, 2010. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 2010 Passed: May 12, 2010 Vote: Yeas: 5 Nays: 0 Recorded: May 13, 2010 Published: May 14, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G19-10 and adopt Resolution Nos. 10-96 through 10-98 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-96 ADOPTED APPROVING THREE ADDITIONAL GRANT RECIPIENTS UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM Councilmember Dunne 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. 10-96 RESOLUTION APPROVING THREE ADDITIONAL GRANT RECIPIENTS UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM WHEREAS, the Historic Architectural Rehabilitation Grant Program has been established to provide financial assistance and incentives for property owners in Elgin's historic districts and individual landmarks in the restoration of their properties; and WHEREAS, said applications have been submitted to the Elgin Heritage Commission which conducted a review and scored applications based upon objective criteria and forwarded an eligibility list to the City Council which has reviewed and approved the list; and MAY 12, 2010 VOLUME LXXV 252 WHEREAS, the property owners of 300 Douglas Avenue, 514 Division Street, and 305 E. Chicago Street should have been included on the recipient list for 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the property owners of 300 Douglas Avenue, 514 Division Street, and 305 E. Chicago Street are hereby added to the grant recipient eligibility list for the 2010 Historic Architectural Rehabilitation Grant Program as follows: Owner Address Grant (50/50) Paul Cayez 300 Douglas Avenue $ 20,000.00 John Anderson 514 Division Street $ 20,000.00 Julie Wright 305 E. Chicago Street $ 7,388.94 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 2010 Adopted: May 12, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-97 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THOMPSON ELEVATOR INSPECTION SERVICE, INC. Councilmember Dunne 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. 10-97 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THOMPSON ELEVATOR INSPECTION SERVICE, INC. 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 VOLUME LXXV MAY12, 2010 253 agreement on behalf of the City of Elgin with Thompson Elevator Inspection Service, Inc., for elevator inspections, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 2010 Adopted: May 12, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-98 ADOPTED AUTHORIZING EXECUTION OF FOURTH AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION (CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE PROGRAM) Councilmember Dunne 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. 10-98 RESOLUTION AUTHORIZING EXECUTION OF FOURTH AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION (Central Business District Street Resurfacing and Streetscape Program) 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 fourth amendment agreement with TranSystems Corporation on behalf of the City of Elgin for the Central Business District Street Resurfacing and Streetscape Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor MAY 12, 2010 VOLUME LXXV 254 Presented: May 12, 2010 Adopted: May 12, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G19-10 PASSED GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (551-587 N. MCLEAN BOULEVARD) Councilmember Dunne 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. G19-10 AN ORDINANCE GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (551-587 N. McLean Boulevard) WHEREAS, written application has been made requesting a map amendment from AB Area Business District to PAB Planned Area Business District. WHEREAS, the Planning and Development Commission 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. Commission, a copy of which is attached hereto and made a part hereof by reference as That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 5, 2010, made by the Planning and Development Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: VOLUME LXXV MAY12, 2010 255 The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are hereby altered by including in the PAB Planned Area Business District the following described property: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 in Block 4 of Wing Park Manor to Elgin, (except that part of Lots 1 and 23 dedicated for Public Highway as shown on Plat of Dedication recorded July 14, 1976 as Document Number 1370262), in the City of Elgin, Kane County, Illinois (Property commonly known as 551-587 North McLean Boulevard). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from AB Area Business District to PAB Planned Area Business District for the property commonly known as 551-587 North McLean Boulevard, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of the PAB zoning district is to provide a planned commercial environment, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The only permitted, conditional, and similar land uses allowed within this PAB zoning district shall be those permitted, conditional, and similar land uses listed in Chapter 19.35.430, AB Area Business District. MAY 12, 2010 VOLUME LXXV 256 A. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB Planned Area Business District: 1. Residences division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal services division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 3. Offices division: "Offices" [SR] (UNCL). 4. Finance, insurance, and real estate division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 5. Services division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises (7217). Coin operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home healthcare services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). VOLUME LXXV MAY12, 2010 257 Miscellaneous personal services not elsewhere classified (7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Pool parlors (7999). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air conditioning service and repair (7623). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 6. Retail trade division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). MAY 12, 2010 VOLUME LXXV 258 Tobacco stores (5993). Used building materials (5932). Used merchandise stores (593). 7. Agricultural division: Dog grooming (0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 10. Wholesale trade division: Apparel piece goods and notions (513). Drugs, drug proprietaries, and druggists' sundries (512). Electrical goods (506). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Paper and paper products (511). Professional and commercial equipment and supplies (504). 11. Transportation, communication and utilities division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of chapter 19.47 of this title (UNCL). VOLUME LXXV MAY12, 2010 259 Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 12. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the PAB Planned Area Business District, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB area business district, subject to the provisions of section 19.10.400 of this title. "Drive-through facilities" [SR], subject to the provisions of chapter 19.45 of this title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter 19.47 of this title. "Outdoor display areas" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business district, subject to the provisions of chapter 19.45 of this title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of this title. "Temporary uses" [SR] (UNCL). B. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB Area Business District: 1. Municipal services division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public administration division: Public administration (J) on a zoning lot containing less than two (2) acres of land. MAY 12, 2010 VOLUME LXXV 260 3. Services division: Amusement parks (7996). Ballrooms (7911). Billiard and pool halls (7999). Bingo parlors (7999). Bowling centers (7933). "Car washes" [SR] (7542). Child daycare services (835). Churches, convents, monasteries, and temples (8661). Coin operated amusement establishments (7993). Dance halls (7911). Dance studios and schools (791). Discotheques (7911). Funeral service (726). "Home child daycare services" [SR] (8351). Individual and family social services (832). Massage parlors (7299). Membership organizations (86). Membership sports and recreation clubs (7997). Motion picture theaters (7832). Organization hotels and lodging houses, on membership basis (704). Other schools and educational services (829). Physical fitness facilities (7991). Sporting and recreational camps (7032). Steam baths (7299). Turkish baths (7299). 4. Retail trade division: Drive-in restaurants (5812). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). 5. Agricultural division: "Kennels" [SR] (0752). 6. Wholesale trade division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 7. Transportation, communication, and utilities division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Pipelines, except natural gas (461). "Other radio and television antennas" [SR] (UNCL). VOLUME LXXV MAY12, 2010 261 "Other satellite dish antennas" [SR] (UNCL). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). 8. Miscellaneous uses division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB area business district, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB area business district, subject to the provisions of section 19.10.400 of this title. "Master signage plan" [SR], subject to the provisions of chapter 19.50 of this title. "Parking lots" [SR] (UNCL), subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR] (UNCL), subject to the provisions of chapter 19.45 of this title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of chapter 19.60 of this title. C. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in this PAB Area Business District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this title: 1. Services division: Amusement and recreational services not elsewhere classified (7999). Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Wholesale trade division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). 3. Transportation, communication, and utilities division: Transportation services not elsewhere classified (4789). (Ord. G65-05 § 4, 2005; Ord. G37-98 § 1, 1999; Ord. G44-96 §§ 4, 5, 1996; Ord. G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§ 1, 3, 1994; Ord. G45-92 § 2, 1992) G. Site Design. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of MAY 12, 2010 VOLUME LXXV 262 Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. In this PAB District, the use and development of land and structures shall be subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance dated February 12, 2010 submitted by Elgin Improvements, LLC. 2. Substantial conformance to the following exhibits: a. Master Site Plan dated April 12, 2010; b. Photometric Site Plan dated February 12, 2010; c. Walgreens photometric plan dated February 12, 2010; d. Auto turn WB-65 exhibit dated April 6, 2010; e. Landscape Plan dated April 12, 2010; f. Monument sign details dated February 12, 2010; g. Exterior elevations, details and sign data dated April 12, 2010; h. Shopping Center west & north elevations dated February 12, 2010; i. Topographic survey dated February 12, 2010; j. Aerial photo exhibit of Weston Avenue dated March 4, 2010; 3. No truck traffic will be allowed to enter and exit the property from Weston Avenue access point. 4. Conformance to all other applicable codes and ordinances. H. Off-street Parking. Except as otherwise provided within this section, in this PAB zoning district, off-street parking shall be subject to the provisions of chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. K. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. L. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. VOLUME LXXV MAY12, 2010 263 M. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. N. Subdivisions-Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. 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: May 12, 2010 Passed: May 12, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 13, 2010 Published: May 14, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Steffen, 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. Heritage Commission/Design Review Subcommittee - March 9 and 23, 2010 Emergency Telephone System Board of Elgin – March 18, 2010 Human Relations Commission – March 2, 2010, April 6, 2010, and April 19, 2010 Liquor Control Commission – March 10, 2010 Planning and Development Commission – April 5, 2010 MAY 12, 2010 VOLUME LXXV 264 Zoning and Subdivision Hearing Board – February 3, 2010 Committee of the Whole Minutes for April 14, 2010 City Council Minutes for April 14, 2010 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, 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 8:00 p.m. s/ Diane Robertson May 26, 2010 Diane Robertson, City Clerk Date Approved