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HomeMy WebLinkAboutc - February 08, 2012 CC Minutes46 FEBRUARY 8, 2012 VOLUME LXXVII 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 February 8, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:30 p.m. The Invocation was given by Reverend Jon Pierre Badie from the Second Baptist Church and the Pledge of Allegiance was led by Ms. Ina Dews. ROLL CALL Roll call was answered by Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: Councilmember Gilliam. MINUTES OF THE JANUARY 25, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve the January 25, 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Armida and Joe Dominguez invited the public to the Pinewood Derby Invitational. Gary Bohlin expressed his concerns regarding properties in the City and the City’s response. BID 12-005 AWARDED TO LPS PAVEMENT COMPANY FOR REPAIRS TO THE CITY HALL PAVERS ($23,975) Councilmember Prigge asked why the pavers were in need of repair. Rich Hoke Building Maintenance Superintendent noted the concrete filled pedestals were susceptible to the freeze/thaw cycle and damaging the pavers. The new adjustable plastic pedestals should eliminate this problem. Councilmember Steffen made a motion, seconded by Councilmember Dunne, to award a contract to LPS Pavement Company in the amount of $23,975 for repairs to the City Hall pavers. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII FEBRUARY 8, 2012 47 RESOLUTION 12-31 ADOPTED APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 12-31 RESOLUTION APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS WHEREAS, the Cultural Arts Commission Grant Program has been established to provide financial assistance for arts programming; and WHEREAS, in 2012 applications have been made for ten projects under the Cultural Arts Commission Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance be provided under the Cultural Arts Commission Grant Program to the following organizations: The following projects are recommended for funding by the Cultural Arts Commission: Organization Event Amount Ballet Folklorico Annual Dance Performance $ 3,465 Elgin Children’s Chorus Boy’s Power Sing Concert $ 1,855 Elgin Choral Union Fiesta! Programs and Concert $ 5,017 Elgin Theatre Company Theatrical production $ 1,530 Elgin Youth Symphony Arts and Minds Concert $ 6,475 Heartland Voices Life’s Cycles Concert $ 5,950 Independent Players Three Theatrical Productions $ 4,650 Janus Theatre Summer Rep Theater Festival $ 6,378 Total $35,320 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 8, 2012 VOLUME LXXVII 48 Presented: February 8, 2012 Adopted: February 8, 2012 Vote: Yeas: 5 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-32 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH A&R LOGISTICS, INC. (164-166 E. CHICAGO STREET) Councilmember Moeller made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 12-32 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH A&R LOGISTICS, INC. (164-166 E. Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Economic Incentive Agreement with A&R Logistics, Inc. on behalf of the City of Elgin for economic development assistance in connection with the development of 164-166 E. Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Vote: Yeas: 5 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII FEBRUARY 8, 2012 49 CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. G7-12, G8-12, T1-12, and T2-12 and adopt Resolution Nos. 12- 19 through 12-30 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-19 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS, BURKE, KELSEY ASSOCIATES, LTD. FOR PROGRAM MANAGEMENT SERVICES FOR THE 2012 STREET MAINTENANCE PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-19 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS, BURKE, KELSEY ASSOCIATES, LTD. FOR PROGRAM MANAGEMENT SERVICES FOR THE 2012 STREET MAINTENANCE 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Wills, Burke, Kelsey Associates, Ltd. for program management services for the 2012 Street Maintenance Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 8, 2012 VOLUME LXXVII 50 RESOLUTION 12-20 ADOPTED AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR MAINTENANCE OF THE EMERGENCY COMMUNICATIONS SYSTEMS Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-20 RESOLUTION AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR MAINTENANCE OF THE EMERGENCY COMMUNICATIONS SYSTEMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a services agreement on behalf of the City of Elgin with Motorola Solutions, Inc. for maintenance of the emergency communications systems, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-21 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH STERLING SYMMETRY UNLIMITED, INC. FOR GROUP FITNESS INSTRUCTION AND CLASSES Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII FEBRUARY 8, 2012 51 Resolution No. 12-21 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH STERLING SYMMETRY UNLIMITED, INC. FOR GROUP FITNESS INSTRUCTION AND CLASSES 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Sterling Symmetry Unlimited, Inc. for group fitness instruction and classes at The Centre from January 1, 2012 to December 31, 2012, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-22 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH KATHRYN BRUNO FOR GROUP FITNESS INSTRUCTION AND CLASSES Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 8, 2012 VOLUME LXXVII 52 Resolution No. 12-22 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH KATHRYN BRUNO FOR GROUP FITNESS INSTRUCTION AND CLASSES 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Kathryn Bruno for group fitness instruction and classes at The Centre from January 1, 2012 to December 31, 2012, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-23 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH DANAE MOLITOR FOR GROUP FITNESS INSTRUCTION AND CLASSES Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII FEBRUARY 8, 2012 53 Resolution No. 12-23 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH DANAE MOLITOR FOR GROUP FITNESS INSTRUCTION AND CLASSES 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Danae Molitor for group fitness instruction and classes at The Centre from January 1, 2012 to December 31, 2012, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-24 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SARAH KOECKRITZ FOR GROUP FITNESS INSTRUCTION AND CLASSES Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 8, 2012 VOLUME LXXVII 54 Resolution No. 12-24 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SARAH KOECKRITZ FOR GROUP FITNESS INSTRUCTION AND CLASSES 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Sarah Koeckritz for group fitness instruction and classes at The Centre from January 1, 2012 to December 31, 2012, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-25 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STERN CONSULTING, LLC FOR CUSTOMER RELATIONSHIP MANAGEMENT CONSULTING SERVICES IN CONNECTION WITH THE 311 CALL CENTER PROJECT (PHASE 4) Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII FEBRUARY 8, 2012 55 Resolution No. 12-25 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STERN CONSULTING, LLC FOR CUSTOMER RELATIONSHIP MANAGEMENT CONSULTING SERVICES IN CONNECTION WITH THE 311 CALL CENTER PROJECT (Phase 4) 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 Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Stern Consulting, LLC for customer relationship management consulting services in connection with the 311 Call Center Project (Phase 4), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-26 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT (315-319 ILLINOIS AVENUE) Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 8, 2012 VOLUME LXXVII 56 Resolution No. 12-26 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT (315-319 Illinois Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sale Contract on behalf of the City of Elgin with Cooper Bros. & Associates for the sale of the property commonly known as 315-319 Illinois Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-27 ADOPTED AUTHORIZING EXECUTION OF AN EMPLOYMENT SEPARATION AGREEMENT WITH DEBRA L. BARR Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-27 RESOLUTION AUTHORIZING EXECUTION OF AN EMPLOYMENT SEPARATION AGREEMENT WITH DEBRA L. BARR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an employment separation agreement on behalf of the City of VOLUME LXXVII FEBRUARY 8, 2012 57 Elgin with Debra L. Barr, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-28 ADOPTED AUTHORIZING EXECUTION OF AN EMPLOYMENT SEPARATION AGREEMENT WITH DAVID L. LAWRY Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-28 RESOLUTION AUTHORIZING EXECUTION OF AN EMPLOYMENT SEPARATION AGREEMENT WITH DAVID L. LAWRY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an employment separation agreement on behalf of the City of Elgin with David L. Lawry, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 8, 2012 VOLUME LXXVII 58 Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-29 ADOPTED AUTHORIZING EXECUTION OF AN EMPLOYMENT SEPARATION AGREEMENT WITH ROBERT M. BEETER Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-29 RESOLUTION AUTHORIZING EXECUTION OF AN EMPLOYMENT SEPARATION AGREEMENT WITH ROBERT M. BEETER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an employment separation agreement on behalf of the City of Elgin with Robert M. Beeter, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII FEBRUARY 8, 2012 59 RESOLUTION 12-30 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HOSPITALITY AND GAMING SOLUTIONS FOR CONDUCTING A MARKET DEMAND STUDY REGARDING A MULTI-PURPOSE FACILITY AND ENTERTAINMENT COMPLEX Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-30 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HOSPITALITY AND GAMING SOLUTIONS FOR CONDUCTING A MARKET DEMAND STUDY REGARDING A MULTI-PURPOSE FACILITY AND ENTERTAINMENT COMPLEX 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement with Hospitality and Gaming Solutions on behalf of the City of Elgin for conducting a market demand study regarding a multi-purpose facility and entertainment complex, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 8, 2012 VOLUME LXXVII 60 ORDINANCE T1-12 PASSED PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2010 TAX YEAR Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T1-12 AN ORDINANCE PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2010 TAX YEAR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a $200.00 senior citizen property tax refund of the 2010 real property taxes levied by and collected for the City of Elgin. Section 2. That to qualify for the $200.00 senior citizen property tax refund the owner(s) of the subject property must have qualified and obtained for the 2010 tax year the Senior Citizens Homestead Exemption in accordance with 35 ILCS 200/15-170, as amended. Section 3. That senior citizens qualified to receive the $200.00 tax refund shall be identified through county property tax records for the 2010 tax year. The Chief Financial Officer is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. The refund shall be mailed to the address of the residence which has qualified for the senior citizens homestead exemption except where a different mailing address has been provided to the Chief Financial Officer in writing by a senior citizen qualifying for the property tax refund. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVII FEBRUARY 8, 2012 61 Presented: February 8, 2012 Passed: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: February 8, 2012 Published: February 10, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T2-12 PASSED PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T2-12 AN ORDINANCE PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a refund to senior citizens of the mobile home local services tax of 2010 mobile home local services taxes levied and collected on mobile homes registered in the city of Elgin. The amount of such refund shall equal the 2010 mobile home local services taxes paid by qualified senior citizens up to a maximum refund amount of $35.00. Section 2. That to qualify for such senior citizen property tax refund the owner(s) of the subject mobile home must have qualified and obtained for the 2010 tax year the Senior Citizens Reduction of the Mobile Home Local Services Tax in accordance with 35 ILCS 515/7, as amended. Section 3. That senior citizens qualified to receive the mobile home local services tax refund shall be identified through county tax records for the 2010 tax year. The Chief Financial Officer is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. The refund shall be mailed to the address provided on the application for reduction of mobile home local services taxes for the tax year in question except where a different address has been provided to the Chief Financial Officer in writing by the senior citizen qualifying for such senior citizens mobile home local services tax refund. FEBRUARY 8, 2012 VOLUME LXXVII 62 Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Passed: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: February 8, 2012 Published: February 10, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G7-12 PASSED AMENDING SECTION 11.40.093 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SOUND AMPLIFICATION DEVICES,” AND SECTION 11.40.095 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “VEHICLE SEIZURE AND IMPOUNDMENT” Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G7-12 AN ORDINANCE AMENDING SECTION 11.40.093 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SOUND AMPLIFICATION DEVICES,” AND SECTION 11.40.095 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “VEHICLE SEIZURE AND IMPOUNDMENT” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.40.093 of the Elgin Municipal Code, 1976, as amended, entitled “Sound Amplification Devices” be and is hereby further amended to read as follows: VOLUME LXXVII FEBRUARY 8, 2012 63 “11.40.093: SOUND AMPLIFICATION DEVICES: A. No driver or owner of any motor vehicle within the city shall operate or permit operation of any sound amplification device or system which can be heard outside the vehicle from seventy five (75) or more feet when the vehicle is being operated upon a street, highway or roadway unless such device or system is being operated to request assistance or warn of a hazardous situation. This section does not apply to authorized emergency vehicles. This section also does not apply to vehicles when the same are operated pursuant to and in conformance with a sound amplifying device permit pursuant to title 10, chapter 10.28 of this code, as amended, and a special event permit pursuant to title 13, chapter 13.25 of this code, as amended. B. Any person, firm or corporation, who violates any provision of this section shall, upon conviction thereof, be punished by a fine in the amount of five hundred dollars ($500.00) for each offense.” Section 2. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended, entitled “Vehicle Seizure and Impoundment” be and is hereby further amended to read as follows: “11.40.095: VEHICLE SEIZURE AND IMPOUNDMENT: A. A motor vehicle, operated with the permission, express or implied, of the owner of record of that motor vehicle, that is used in connection with the following violations, shall be liable to the city for an administrative penalty in an amount not to exceed five hundred dollars ($500.00), in addition to any towing and storage fees as hereinafter provided: 1. Driving while the driver's license, permit or privilege to operate a motor vehicle is suspended or revoked, in violation of section 6-303 of the Illinois vehicle code1, as amended, pursuant to Illinois secretary of state action; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing. 2. Driving under the influence of alcohol, drugs or intoxicating compounds, or any combination thereof, in violation of section 11-501 of the Illinois vehicle code2, as amended. 3. Operating a motor vehicle without having ever been issued a driver's license or permit, in violation of section 6-101 of the Illinois vehicle code3, as amended, or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age. FEBRUARY 8, 2012 VOLUME LXXVII 64 4. Operating or permitting the operation of any sound amplification system located in a motor vehicle when the sound amplification system can be heard outside the motor vehicle from seventy five (75) or more feet when the motor vehicle is being operated upon a street, highway or roadway unless such system is being operated to request assistance or warn of a hazardous situation. This subsection shall not apply to authorized emergency vehicles. This subsection also does not apply to vehicles when the same are operated pursuant to and in conformance with a sound amplifying device permit pursuant to title 10, chapter 10.28 of this Code, as amended, and a special event permit pursuant to title 13, chapter 13.25 of this Code, as amended. 4. [RESERVED]. 5. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to section 36-1 of the Illinois Criminal Code of 1961, as amended. 6. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Illinois Cannabis Control Act, as amended. 7. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act, as amended. 8. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of section 24-1 (unlawful use of weapons), 24-1.5 (reckless discharge of firearms), or 24-3.1 (unlawful possession of firearms and firearm ammunition) of the Illinois Criminal Code of 1961, as amended. 9. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Illinois Cannabis Control Act or the Illinois Controlled Substances Act, as amended. 10. Operation or use of a motor vehicle with an expired driver’s license, in violation of section 6-101 of the Illinois Vehicle Code, as amended, if the period of expiration is greater than one year. 11. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated section 6-101 (driving without a valid license), 6- 303 (driving with a suspended or revoked license), or 11-501 (driving VOLUME LXXVII FEBRUARY 8, 2012 65 under the influence of alcohol, drugs or intoxicating compounds) of the Illinois Vehicle Code, as amended. 12. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 (theft and related offenses) or 16A (retail theft) of the Illinois Criminal Code of 1961, as amended. B. The applicability of this section and the fees for towing and storing a vehicle under this section shall be as follows: 1. This section shall not replace or otherwise abrogate any existing state or federal laws or city ordinances pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties that may be assessed by a court for any criminal damages. 2. This section shall not apply if the motor vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered, or upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded. 3. Fees for towing and storage of a motor vehicle under this section shall not exceed those approved by the city manager or chief of police for all towers authorized to tow motor vehicles for the police department. C. A motor vehicle that is used in the violation of subsection A of this section shall be subject to seizure and impoundment under this section. The owner of record of such vehicle shall be liable to the city for a penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. For the purposes of this section, the “owner of record” of a motor vehicle is the record titleholder as registered with the secretary of state. 1. Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the motor vehicle to a facility controlled by the city or its agents. When the motor vehicle is towed, the police officer shall notify or make reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any the person who is found to be in control of the motor vehicle at the time of the alleged violations, if there is such a person, of the fact of the seizure and of the motor vehicle owner’s or lessee’s right to an administrative hearing and right to request a preliminary hearing to be conducted under this section. The police officer shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or FEBRUARY 8, 2012 VOLUME LXXVII 66 lienholder posts a cash bond in the amount of five hundred dollars ($500.00) plus fees for towing and storing the motor vehicle. 2. Whenever the owner of a motor vehicle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, the corporation counsel of the city or his designee shall conduct such preliminary hearing within twenty four (24) hours after the seizure, excluding Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing. If, after the hearing, the corporation counsel or his designee determines that there is probable cause to believe that the motor vehicle was used in the violation of subsection A of this section he shall order the continued impoundment of the motor vehicle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of five hundred dollars ($500.00) plus fees for towing and storing the motor vehicle. If the corporation counsel or his designee determines that there is no such probable cause, the motor vehicle will be returned without penalty or other fees. 3. Within ten (10) days after a motor vehicle is seized and impounded pursuant to this section, the city shall notify by personal service or by certified mail, return receipt requested, the owner of record or lessee of the vehicle, and any lienholder of record, of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the court or hearing officer, not less than fifteen (15) days and not more than forty five (45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. Such hearing shall be conducted pursuant to and in accordance with the provisions of chapter 11.62 of this Code. The hearing shall be conducted by a hearing officer who is an attorney licensed to practice law in Illinois for a minimum of three (3) years. At the conclusion of the hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment. If after a hearing, it is determined by a preponderance of evidence that the motor vehicle was used in the commission of any of the violations described in subsection A of this section the motor vehicle shall continue to be impounded until the owner pays a penalty of five hundred dollars ($500.00) plus fees for towing and storage of the motor vehicle. The penalty and fees shall be a debt due and owing the city. However, if a cash bond has been posted the bond shall be applied to the penalty. If it is determined at a hearing that the motor vehicle was not used in such a violation, the vehicle or cash bond shall be returned without penalty or other fees. All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Illinois Administrative Review Law. Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, VOLUME LXXVII FEBRUARY 8, 2012 67 lessee, or lienholder of record until all administrative penalties and towing and storage charges are paid. Notwithstanding any other provision of this section, whenever a person with a lien of record against a motor vehicle impounded under this section has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he agrees in writing to refund to the city the net proceeds of any foreclosure sale, less any amount necessary to pay all lien holders of record, up to the total amount of penalties imposed under this subsection C. 4. Any motor vehicle that is not reclaimed within thirty (30) thirty-five (35) days after the expiration of the time during which the owner of record may seek judicial review of the city’s action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, shall be deemed abandoned and may be disposed of as an abandoned or unclaimed motor vehicle as provided by law in accordance with the provisions of Article II of Chapter 4 of the Illinois Vehicle Code, as amended.” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Passed: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: February 8, 2012 Published: February 10, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 8, 2012 VOLUME LXXVII 68 ORDINANCE G8-12 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF A PRESCHOOL CENTER IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (195 NESLER ROAD) Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G8-12 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF A PRESCHOOL CENTER IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (195 Nesler Road) WHEREAS, written application has been made granting a conditional use to permit the establishment of a preschool center in the PCF Planned Community Facility District at 195 Nesler Road; 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 January 4, 2012, 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. Section 2. That a conditional use to permit the establishment of a preschool center in the PCF Planned Community Facility District at 195 Nesler Road and legally described as follows: That part of Sections 17 and 18, Township 41 north, Range 8 east of the Third Principal Meridian, described as follows: commencing at the southwest corner of Moeller’s Subdivision, a Subdivision of said section 17, and also being a point in the center line of U.S. Route 20; thence northwesterly along said center line, being on a curve to the right and having a radius of 4,326.96 feet, an arc distance of 296.90 feet; (the chord of the last described curve bearing north 66 degrees 19 minutes 12 seconds west, 269.86 feet); thence north 64 degrees 58 minutes 36 seconds west along said center line, 170.08 feet; thence continuing north 64 degrees 58 minutes 36 seconds west along said center line, 577.78 feet to the center line of Nesler Road; thence south 31 degrees 41 minutes 01 seconds west VOLUME LXXVII FEBRUARY 8, 2012 69 along said center line, 475.20 feet; for the point of beginning; thence continuing south 31 degrees 41 minutes 01 seconds west, 646.15 feet; thence south 64 degrees 58 minutes 36 seconds east, 1218.07 feet; thence north 21 degrees 24 minutes 53 seconds east along a line, if extended, would intersect the southwest corner of Moeller’s Subdivision aforesaid, a distance of 822.34 to a point 300.00 feet southwesterly of said southwest corner of Moeller’s subdivision (as measured along said extended line); thence north 67 degrees 16 minutes 47 seconds west, 439.48 feet; thence south 21 degrees 27 minutes 30 seconds west, 34.88 feet; thence north 64 degrees 58 minutes 43 seconds west, 373.91 feet; thence south 31 degrees 40 minutes 54 seconds west, 127.33 feet; thence north 64 degrees 58 minutes 43 seconds west, 265.80 feet to the point of beginning, (excepting therefrom that part of U.S. Route 20 dedicated for Roadway purposes by document numbers 424677 and 1363891), in Elgin Township, Kane County, Illinois (Property Commonly Known as 195 Nesler Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Good Shepherd Evangelical Lutheran Church Development Application and Statement of Purpose and Conformance and Attachments, submitted by Richard L. Heimberg, dated received December 1, 2011. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Good Shepherd Preschool Floor Plan and Good Shepherd Outdoor Playground Area Plan, submitted by Richard L. Heimberg, dated received November 9, 2011. 3. All refuse collection areas must be enclosed within six (6) foot high solid masonry walls that match the brick and color tones of the principal building structure. The materials to be used and the placement of the refuse collection areas should be approved by the Community Development Department prior to permit approval. The petitioner will have until spring to satisfy this condition due to the weather. 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/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 8, 2012 VOLUME LXXVII 70 Presented: February 8, 2012 Passed: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: February 8, 2012 Published: February 10, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Moeller, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Emergency Telephone System Board December 15, 2011 Fire Pension Fund January, March, April, July, November, 2011 Planning and Development November 21, 2011 Committee of the Whole Minutes for January 11, 2012 City Council Minutes for January 11, 2012 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:46 p.m. s/ Kimberly Dewis February 22, 2012 Kimberly Dewis, City Clerk Date Approved