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HomeMy WebLinkAboutf - March 21, 2012 CC123 VOLUME LXXVII MARCH 21, 2012 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 March 21, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:00 p.m. The Invocation was given by Pastor Troy McFadden, Tabernacle of Worship Kingdom Ministries and the Pledge of Allegiance was led by Community Development Director, Marc Mylott. ROLL CALL Roll call was answered by Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: Councilmember Gilliam. MINUTES OF THE MARCH 7, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve the March 7, 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Moeller abstained. COMMUNICATIONS ECC Women's Basketball Team Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Elgin Community College Women’s Basketball team won the 2011- 2012 Illinois Skyway Collegiate Conference Championship with a 12-2 league record; and WHEREAS, The Spartans finished with an overall record of 25-7, the best in ECC’s history; and WHEREAS, Cassie Dumoulin is a National Junior College Athletic Association Division II 3rd team All-American, a Women’s Basketball Coaches Association honorable mention All- American, named to the All-Region IV 1st team for two consecutive years, a two - MARCH 21, 2012 VOLUME LXXVII 124 time All-Illinois Skyway Collegiate Conference Player of the Year and closed out her tw o-year junior college career as ECC’s all-time leading scorer with 1,393 points; and WHEREAS, DiJon Smith is a two-time 1st team All-Skyway Collegiate Conference player; and WHEREAS, Alex Dumoulin was named to the 1st team All-Skyway Collegiate Conference team; and WHEREAS, Carly Saraceno was named to the 2nd team All-Skyway Collegiate Conference team; and WHEREAS, Coach Jerry McLaughlin was named Skyway Collegiate Conference Coach of the Year and for nine consecutive years has organized the Annual Jimmy V. Fundraiser for Cancer Research at ECC. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby extend sincere and warm congratulations and esteem to the Elgin Community College Women’s Basketball team on the success of their 2011-2012 championship season. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 21st day of March, 2012. David J. Kaptain, Mayor RECOGNIZE PERSONS PRESENT Tom McCarthy expressed his concerns over the proposed agreement with Hoffman Estates for a dog park and the potential expenditure for fireworks for a combined display with Hoffman Estates. Mike Curtin stated he was not in favor of a renewal of contracts for lobbyists. He felt the elected representatives should advocate for their constituents and lobbyists were not needed. Andrew Cummings stated he was against the combined fireworks display with Hoffman Estates and the expenditure of funds that the partnerships would require. Chuck Keysor expressed his concerns over the 2011 budget figures in particular the projected shortfall. Ed Dohring and John Suarez asked about the refuse fee on the water bill and industrial smells and noise in their neighborhood. They were referred to the proper staff for assistance. VOLUME LXXVII MARCH 21, 2012 125 BID 12-010 AWARDED TO METRO STAFFING AND RESOURCE STAFFING FOR TEMPORARY PERSONNEL SERVICES Councilmember Prigge stated he was pleased the vendor conducts background checks and uses E-Verify. Councilmember Prigge made a motion, seconded by Councilmember Steffen, to award a contract to Metro Staffing and Resource Staffing in the amount of $303,398 to provide temporary labor to departments to ensure continuous operations to support city services. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 12-011 AWARDED TO VARIOUS VENDORS FOR BITUMINOUS PATCHING MIXTURES GROUPS I AND II Councilmember Moeller made a motion, seconded by Councilmember Steffen, to award contracts to various vendors in the amount of $188,280 for the purchase of bituminous patching mixtures to provide Public Works the materials necessary to repair and replace asphalt infrastructure. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 12-012 AWARDED TO MARKING SPECIALIST, INC. FOR PAVEMENT MARKINGS Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a contract to Marking Specialist, Inc. in the amount of $213,494 for pavement markings to provide clear traffic guidance on city maintained roads. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FINAL PUBLIC HEARING REGARDING FISCAL YEAR 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mayor Kaptain declared the public hearing open at 7:26 p.m. Marc Mylott, Community Development Director, provided a series of photos from past projects. He also gave an overview of the process to date. Mayor Kaptain asked is there were any comments on the proposed projects. Elinor Richoz stated she thought the past project at Grandstand Place was a good project. Mayor Kaptain declared the public hearing closed 7:30 p.m. MARCH 21, 2012 VOLUME LXXVII 126 RESOLUTION 12-61 ADOPTED AUTHORIZING FILING OF APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-61 RESOLUTION AUTHORIZING FILING OF AN APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the preservation and rehabilitation of affordable housing, the rehabilitation of public facilities, and support for public service activities may be addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Six Hundred Ninety-Five Thousand Dollars ($695,000) for the following projects: 1. RESIDENTIAL REHABILITATION GRANT PROGRAM CDBG funds will be used to provide grants for the rehabilitation of housing owned and/or occupied by low- and moderate-income families. Submitting Agency: City of Elgin’s Community Development Department Location: City-wide activity Proposed Level of Funding: $292,196 2. CDBG PROGRAM ADMINISTRATION CDBG funds will be used for program administration, including program oversight, management, monitoring and coordination; the preparation and submission of reports as required by federal regulations; and public information and assistance. Submitting Agency: City of Elgin’s Community Development Department Location: 150 Dexter Court, Elgin Proposed Level of Funding: $63,000 VOLUME LXXVII MARCH 21, 2012 127 3. PADS OF ELGIN EMERGENCY SHELTER PROGRAM CDBG funds will be used to pay the rent for their facilities, where emergency shelter and homeless prevention services are provided. Submitting Agency: PADS of Elgin Location: 1730 Berkley Street, Elgin Proposed Level of Funding: $50,000 4. RENZ ADDICTION COUNSELING CENTER – WINDOWS UPGRADES CDBG funds will be used to replace all current windows with energy-efficient ones at their existing facility. Submitting Agency: Renz Addiction Counseling Center Location: One American Way, Elgin Proposed Level of Funding: $33,000 5. THE LARKIN CENTER – ROOF REPLACEMENT CDBG funds will be used to install a new roof at their administrative building. Submitting Agency: The Larkin Center Location: 1212 Larkin Avenue, Elgin Proposed Level of Funding: $50,600 6. AID – RECREATIONAL AND SAFETY IMPROVEMENTS CDBG funds will be used to provide safe indoor and outdoor recreational opportunities for clients at their main building and one of the group homes. Submitting Agency: Association for Individual Development Location: 1135 Bowes Road, Elgin and 1482 Maple Lane, Elgin Proposed Level of Funding: $40,104 7. YWCA OF ELGIN – ARCHITECTURAL SERVICES CDBG funds will be used to pay for the architectural services for the Phase 1 of the remodel of their first floor. Submitting Agency: YWCA of Elgin Location: 220 E Chicago Street, Elgin Proposed Level of Funding: $60,000 8. WAYSIDE CROSS MINISTRIES – EMERGENCY SHELTER ASSISTANCE CDBG funds will be used to pay the rent for their facilities, where emergency shelter and homeless prevention services are provided. Submitting Agency: Wayside Cross Ministries Location: 1732 Berkley Street, Elgin Proposed Level of Funding: $25,000 MARCH 21, 2012 VOLUME LXXVII 128 9. WELL CHILD CENTER –HVAC REPLACEMENT CDBG funds will be used to replace aging rooftop HVAC units at their existing facility. Submitting Agency: Well Child Center Location: 620 Wing Street, Elgin Proposed Level of Funding: $52,100 10. SENIOR SERVICES ASSOCIATES – RENTAL REIMBURSEMENT CDBG funds will be used to pay the rent for their facilities where educational and wellness programs are offered to Elgin’s senior citizens. Submitting Agency: Senior Services Associates Location: 101 South Grove Avenue, Elgin Proposed Level of Funding: $29,000 Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk PETITION 03-12 APPROVED REQUESTING A CONDITIONAL USE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A PHYSICAL FITNESS FACILITY; PROPERTY LOCATED AT 730 A WEST CHICAGO STREET, BY MARIANA DELGADO, AS APPLICANT, AND NOEL & TAMMY MARING, PAUL & BARBARA MARING, KEYSTONE REALTY INC., AS OWNER Marc Mylott, Community Development Director, provided an overview of the proposed conditional use. Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 03-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII MARCH 21, 2012 129 PETITION 16-12 APPROVED REQUESTING FINAL PLAT APPROVAL OF RESUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION; PROPERTY LOCATED AT 1110, 1120, 1140, 1160, 1180, 1190 SOUTH RANDALL ROAD, BY MADG ELGIN, LLC, AS APPLICANT AND WAL-MART STORES, INC., AS OWNER Marc Mylott, Community Development Director, provided an overview of the plat of resubdivision that dealt with the outlots by Wal-Mart Superstore. Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 16-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-62 FAILED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE HOFFMAN ESTATES PARK DISTRICT AND THE STREAMWOOD PARK DISTRICT FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN OFF-LEASH DOG PARK Councilmember Prigge provided feedback from residents he spoke with regarding this project. The residents he spoke with were upset about the money being spent for a park in Hoffman Estates and felt the funds could be better utilized by improving an existing park. Councilmember Dunne asked if this would be the first park to charge a fee in Cook County and if Rolling Knolls was to become a dog park. Randy Reopelle, Parks and Recreation Director, stated that there were other parks in Cook County that had a fee and that making Rolling Knolls into a dog park was one of many ideas that were being discussed. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne and Councilmember Prigge. Councilmember Moeller abstained due to not being present at the previous meeting’s discussion. Resolution failed to pass. ORDINANCE G14-12 AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. MARCH 21, 2012 VOLUME LXXVII 130 Ordinance No. G14-12 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquor dealers including the amount of fees for various classes of liquor license pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled “License Classes; Fees:” be and is hereby further amended to read as follows: “6.06.040: LICENSE CLASSES; FEES: The classes of licenses and the fees therefor are as follows: A. Classes A And A-1: 1. Class A: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises only. The annual license fee is one thousand five hundred forty dollars ($1,540.00). 2. Class A-1: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises in establishments primarily marketing and serving specialty and premium alcoholic drinks, including beer and wine, provided such premises is located within the CC1 center city zoning district and east of the Fox River and has seating accommodations at tables or booths for not more than two hundred fifty (250) persons, including seating accommodations at bars or counters. There shall be no exterior signage on any premises issued a class A-1 liquor license indicating or advertising the sale of alcoholic liquor. A licensee holding a class A-1 license may sell or permit to be sold alcoholic liquors on Monday through Thursday from six o'clock (6:00) A.M. until one o'clock (1:00) A.M. the following day, and on Fridays and Saturdays from six o'clock (6:00) A.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class A-1 license may also sell or permit to be sold alcoholic liquors on the VOLUME LXXVII MARCH 21, 2012 131 Wednesday immediately preceding Thanksgiving Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day. The annual license fee is two thousand two hundred dollars ($2,200.00). B. Class AA: For the retail sale, on the premises specified, of alcoholic liquor primarily for consumption on the premises as well as other incidental retail sales of alcoholic liquors in original package for consumption off premises. No new class AA license shall be issued to any establishment after August 1, 1989. Any class AA license existing on August 1, 1989, may be renewed annually as provided herein. Provided, a class AA license shall terminate, expire, cease to exist when it is revoked or not renewed or the business is sold. The annual license fee is one thousand five hundred forty dollars ($1,540.00). C. Class B: Package stores for the retail sale of alcoholic liquor, on the premises specified, solely in the original package not for consumption on the premises, provided, however, no new class B license shall be issued after December 6, 1995, for convenience stores or for any premises used as a gasoline filling station. For the purpose of this section, "convenience store" shall mean retail stores selling general merchandise including primarily convenience items and a limited selection of groceries on premises having less than five thousand (5,000) square feet of floor area. Any class B license existing after December 6, 1995, for convenience stores or for any premises used as a gasoline filling station may be renewed annually as provided herein. Provided, a class B license for any convenience stores or any premises used as a gasoline filling station shall terminate, expire, cease to exist when it is revoked or not renewed or the business is sold. The license fee per year is eight hundred eighty dollars ($880.00). D. Classes B-1, B-2 And B-3: 1. Class B-1: Package stores for the retail sale of alcoholic liquor limited to beer and wine only, on the premises specified, solely in the original package not for consumption on the premises. The per year license fee is six hundred sixty dollars ($660.00). 2. Class B-2: Package stores for the retail sale of alcoholic liquor limited to beer and wine plus one additional alcoholic liquor only, on the premises specified, solely in the original package not for consumption on the premises. The local liquor control commission shall have the sole discretion for determining the one additional alcoholic liquor in addition to beer and wine being sold, all of which being in the original package not for consumption on MARCH 21, 2012 VOLUME LXXVII 132 the premises. There shall be no exterior signage on any premises issued a class B-2 liquor license indicating or advertising the sale of alcoholic liquor. The per year license fee is seven hundred seventy dollars ($770.00). 3. Class B-3: Package stores for the retail sale of alcoholic liquor limited to beer and wine only, on the premises specified, sold only in the original package not for consumption on the premises. A B-3 license shall also be subject to the following additional conditions: a) there shall be no exterior signage on the outside of the licensed premises advertising the sale of alcoholic liquor; b) sales of beer shall be limited to packages of 6-packs or more, and the sale of single serving containers of beer is prohibited including, but not limited to, forty (40) ounce containers; c) the placement of cold product of alcoholic liquor shall be limited to three (3) coolers; d) the shelf space for the placement/display of warm product of alcoholic liquor shall be limited to shelf space sixteen feet (16') long and five feet (5') tall; and e) the floor space devoted to the sale of alcoholic liquor at the licensed premises shall be less than three percent (3%) of the total floor space of the licensed premises. The license fee per year is six hundred sixty dollars ($660.00). E. Classes C And C-1: 1. Class C: Incorporated clubs, not for profit, as defined in this chapter; consumption on premises only. The license fee per year is three hundred ninety-six dollars ($396.00). The term "premises" shall include any adjoining outside areas and accessory buildings utilized in conjunction with the licensee's principal establishment such that the sale and consumption of alcoholic liquors will be permitted on such adjoining open areas and adjacent accessory buildings during special events on the licensed premises. 2. Class C-1: For the sale of alcoholic liquor to members and guests of members of a "private golf club", as defined in this subsection E2, for consumption on the premises occupied by such private golf club only. For the purposes of this subsection, "private golf club" shall include any association of persons which excludes the general public from its premises and where such premises includes an eighteen (18) hole regulation golf course and related facilities. Membership to any such private golf club shall be regulated by articles or bylaws and upon election to membership in any such private golf club, the member's name shall be enrolled on a list of members which shall be kept on the premises of such private golf club and be subject to inspection. For the purposes of VOLUME LXXVII MARCH 21, 2012 133 this subsection, the term "premises" shall include any restaurants, snack shops, tennis courts, swimming pools, sun decks, golf courses, golf carts, athletic facilities and all adjoining exterior areas and accessory buildings utilized in conjunction with the licensee's principal establishment which are not open to the general public. A licensee holding a class C-1 license may sell or permit to be sold alcoholic liquors Sunday through Thursday from six o'clock (6:00) A.M. until one o'clock (1:00) A.M. the following day; Friday and Saturday from six o'clock (6:00) A.M. until two o'clock (2:00) A.M. the following day; New Year's Eve until three o'clock (3:00) A.M. the following day. The annual fee for such license shall be three hundred ninety-six dollars ($396.00). F. Classes D And D-1: 1. Class D: Hotels and motels operating a dining room as a service; consumption on premises only. The license fee per year is seven hundred ninety-two dollars ($792.00). 2. Class D-1: Hotels and motels, for incidental consumption on the premises only in conjunction with customer hospitality services being provided by the hotel or motel staff. The license fee per year is one hundred ten dollars ($110.00). G. Class E: For the retail sale in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of alcoholic liquor for consumption on the premises; expressly providing, however, that such licenses shall be issued only to establishments having a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than one hundred fifty (150) persons at any one time, that fifty percent (50%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals and that fifty percent (50%) or more of the floor area of the establishment must be utilized for dining room areas for the regular service of meals. The license fee per year is seven hundred ninety- two dollars ($792.00). H. Classes E-1, E-2 And E-3: 1. Class E-1: For the retail sale in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of alcoholic liquor for consumption on the premises for establishments located in the CC1 center city zoning district and east of the Fox River; expressly providing, however, that such licenses shall be issued only to establishments having a regular capacity, in accordance with existing city and state public health MARCH 21, 2012 VOLUME LXXVII 134 and fire prevention ordinances and statutes, to serve meals to not less than seventy five (75) persons at any one time, that fifty percent (50%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals and that fifty percent (50%) or more of the floor area of the establishment must be utilized for dining room areas for the regular service of meals. The license fee per year is five hundred seventy- two dollars ($572.00). 2. Class E-2: For the retail sale in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of alcoholic liquor for consumption on the premises; expressly providing, however, that such licenses shall be issued only to establishments having a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than forty five (45) persons at any one time, that seventy five percent (75%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals and that thirty five percent (35%) or more of the total floor area of the establishment must be utilized for dining room areas for the regular service of meals. Alcoholic liquor may only be sold in restaurants holding a class E-2 liquor license to patrons who order a complete meal. Service of alcoholic liquor shall be provided only at tables. Service of alcoholic liquor at bars is not permitted. There shall be no signage outside a restaurant holding a class E-2 liquor license indicating or advertising the sale of alcoholic liquor. For the purposes of this subsection, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected by the seller, received by the licensee as the result of the transfer of goods, or the provision of services to another. The licensee shall maintain adequate books and records in accordance with generally accepted accounting standards that shall clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue from the serving of meals. The licensee shall make such books and records available for inspection by the local liquor control commission or its designee. Such inspection may be conducted during normal business hours on the licensed premises or at such other location in the city as directed by the local liquor control commission. The local liquor control commission shall determine, as a result of such inspection, whether, in the local liquor control commission's opinion, the books and records maintained by the licensee meet the requirements of this subsection H2 and whether there is cause for the local liquor control commission to revoke or suspend the license, impose a fine on the licensee, or impose a fine in addition to revoking and suspending the license in accordance with the VOLUME LXXVII MARCH 21, 2012 135 provisions of this title. The license fee per year is six hundred sixty dollars ($660.00). 3. Class E-3: For the retail sale in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of alcoholic liquor for consumption on the premises; expressly providing, however, that such licenses shall be issued only to establishments having a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than sixty (60) persons at any one time, that sixty five percent (65%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals and that thirty five percent (35%) or more of the total floor area of the establishment must be utilized for dining room areas for the regular service of meals. There shall be no signage outside a restaurant holding a class E-3 liquor license indicating or advertising the sale of alcoholic liquor. For the purposes of this subsection, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected by the seller, received by the licensee as the result of the transfer of goods, or the provision of services to another. The licensee shall maintain adequate books and records in accordance with generally accepted accounting standards that shall clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue from the serving of meals. The licensee shall make such books and records available for inspection by the local liquor control commission or its designee. Such inspection may be conducted during normal business hours on the licensed premises or at such other location in the city as directed by the local liquor control commission. The local liquor control commission shall determine, as a result of such inspection, whether, in the local liquor control commission's opinion, the books and records maintained by the licensee meet the requirements of this subsection H3 and whether there is cause for the local liquor control commission to revoke or suspend the license, impose a fine on the licensee, or impose a fine in addition to revoking and suspending the license in accordance with the provisions of this title. The license fee per year is six hundred sixty dollars ($660.00). I. Classes F And F-1: 1. Class F: For the sale by service bar in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of beer and wine for consumption on the premises. For the purpose of this subsection, "sale by service bar" shall mean those MARCH 21, 2012 VOLUME LXXVII 136 sales whereby the licensee or his employees serve beer or wine in conjunction with a meal to patrons who are seated at a table where the patrons consume said food, beer and wine. A class F license shall be granted only to restaurants engaged primarily in the sale of food for consumption on the premises; it being the intent and purpose of this section to permit the sale of liquor only as an incident or accompaniment to the serving of meals in dining places of good repute. All liquor sold under this subsection I1 shall be for consumption upon the premises in the restaurant only, and it is unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. The license fee per year is three hundred seventy-four dollars ($374.00). 2. Class F-1: For the sale by service bar in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of beer, wine and one additional alcoholic liquor for consumption on the premises, provided any such restaurant constitutes what is commonly referred to as an "ethnic" restaurant and the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such ethnic restaurant. For the purpose of this subsection I2, "sale by service bar" shall mean those sales whereby the licensee or his employees serve beer or wine in conjunction with a meal to patrons who are seated at a table where the patrons consume said food, beer and wine. A class F-1 license shall be granted only to ethnic restaurants engaged primarily in the sale of food for consumption on the premises; it being the intent and purpose of this subsection I2 to permit the sale of liquor only as an incident or accompaniment to the serving of meals in ethnic dining places of good repute. The local liquor control commission shall have the sole discretion for determining whether an establishment constitutes an ethnic restaurant within the meaning of this subsection I2 and whether the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such ethnic restaurant. All liquor sold under this subsection I2 shall be for consumption upon the premises in the ethnic restaurant only, and it is unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. The license fee per year is five hundred fifty dollars ($550.00). J. Class G: For the retail sale of alcoholic liquors in buildings of golf courses owned by the city in connection with the operation of an established food serving facility during times when food is dispensed for consumption upon the premises. Also for the retail sale and consumption of alcoholic liquor VOLUME LXXVII MARCH 21, 2012 137 by the city to daily fee customers and pass holders playing golf at the city owned The Highlands of Elgin and Bowes Creek golf courses and their attendant facilities, notwithstanding the prohibitions regarding the possession and consumption of alcoholic liquors in parks as provided by subsection 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. The license fee per year for operation by the city is no fee and operation by independent contractor is four hundred forty dollars ($440.00). K. Class H: For the retail sale of alcoholic liquor by churches, schools or not for profit fraternal organizations or corporations on the licensee's premises solely for the promotion of some object other than the sale or consumption of alcoholic liquors; expressly providing, however, that no license shall be issued to any such licensee for more than three (3) consecutive days nor for more than six (6) days total in any calendar year. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal establishment. The license fee for each period is eleven dollars ($11.00). L. Class I: For retail sale of alcoholic liquor limited to beer and wine only during special events sponsored by the city or by a not for profit corporation or association registered with the state. One additional alcoholic liquor in addition to beer and wine may be served at a special event sponsored by the city or by a not for profit corporation or association registered with the state provided any such special event constitutes what is commonly referred to as an "ethnic" event; the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event; and, the one additional alcoholic liquor being served in addition to beer and wine is being sold at a price not less than fifty percent (50%) greater than the price for the beer being sold at the special ethnic event. The local liquor control commission shall have the sole discretion for determining whether a special event constitutes a special ethnic event within the meaning of this subsection and whether the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event. No license shall be issued for any such not for profit corporation or association for more than four (4) consecutive days nor for more than twelve (12) hours during any single day. A licensee holding a class I license or the vendor selling alcoholic liquor pursuant to such class I license may sell or permit to be sold alcoholic liquors consisting of beer and wine only for the hours each day as specified in the class I license as issued. No more than five (5) class I licenses shall be issued to any not for profit corporation or association during any one calendar year. MARCH 21, 2012 VOLUME LXXVII 138 In the event such a not for profit corporation or association utilizes a vendor who holds a then currently issued and valid class A, A-1, AA, D, E, E-1, E-2, F, F-1, M, N, N-1, O, P, R, S or U liquor license in the city, such vendor shall actually conduct and be responsible for all liquor sales. In the event such not for profit corporation or association does not so utilize a vendor then prior to the issuance of any class I license to a not for profit corporation or association such not for profit corporation or association shall post with the city a bond in the amount of five thousand dollars ($5,000.00) in a form approved by the corporation counsel which shall be in favor of the city. A condition of the obligation of such bond shall be a guarantee that the special event and the sale of alcoholic liquor shall be conducted in compliance with all applicable ordinances and other requirements of law. Prior to the issuance of any class I license the applicant shall submit to the chief of police a security plan which must be approved by the chief of police which includes an acknowledgment from the applicant that any changes to the security plan must be submitted to the chief of police in writing five (5) days before the event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons legally authorized to purchase and consume alcoholic liquor. The license fee per day is eleven dollars ($11.00). M. Class J: For retail sales of alcoholic liquor on a not for profit basis in conjunction with hors d'oeuvres and/or meals as provided by a catering service provider during special events sponsored and conducted by a corporation or association on serving employees or business related guests exclusively. All liquor provided under this subsection shall be for consumption upon the premises of the corporation or association only, and it is unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. This license shall authorize and include up to and including twenty (20) such special events per licensed year. The license fee per year is three hundred seventy-four dollars ($374.00). N. Class K: For retail sales of alcoholic liquor in conjunction with events at and upon the premises of city owned property, including, without limitation, the Hemmens Auditorium, The Centre of Elgin, the Elgin Sports Complex, Walton Island and Festival park, or any premises being leased by the city, including, without limitation, the Elgin Art Showcase, for consumption on the premises only, notwithstanding the prohibitions regarding the consumption of alcoholic liquor on any public property or park as provided by subsection 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. The term "premises" shall include any adjoining open area utilized in conjunction VOLUME LXXVII MARCH 21, 2012 139 with the licensee's principal establishment. There shall be no annual fee for such license when the city is the licensee. When the licensee is an independent contractor, the annual fee for such license shall be forty-four dollars ($44.00). O. Class K-1: For retail sale of alcoholic liquor during special events upon the premises of city owned property, including, without limitation, the Hemmens Auditorium, The Centre of Elgin, the Elgin Sports Complex, Walton Island and Festival park, or any premises being leased by the city, including, without limitation, the Elgin Art Showcase, for consumption on the premises only, notwithstanding the prohibitions regarding the consumption of alcoholic liquor on any public property or park as provided by subsection 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. No license shall be issued for any such special event unless the city is serving as the sponsor of the event, a cosponsor of the event or is otherwise expressly permitting the special event to be conducted upon the premises of city owned property or any premises being leased by the city. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal area of establishment. The chairman of the local liquor control commission shall have the sole discretion in determining the alcoholic liquor that may be sold at retail during any such special event and may choose to limit the retail sale of alcoholic liquor to beer and wine, or to one additional alcoholic liquor in addition to beer and wine when any such special event constitutes what is commonly referred to as an "ethnic" event and the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event, provided, the one additional alcoholic liquor being served in addition to beer and wine is being sold at a price not less than fifty percent (50%) greater than the price for the beer being sold at the special ethnic event. The local liquor control commission shall have the sole discretion for determining whether a special event constitutes a special ethnic event within the meaning of this subsection and whether the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event. No license shall be issued to any individual or corporation for a special event occurring more than ten (10) consecutive days nor for more than twelve (12) hours during any single day. A licensee holding a class K -1 license or the vendor selling alcoholic liquor pursuant to such class K-1 license may sell or permit to be sold alcoholic liquors as designated on the class K-1 license issued by the local liquor control commission and for the hours each day as specified in the class K-1 license as issued. No more than five (5) class K-1 licenses shall be issued to any individual or MARCH 21, 2012 VOLUME LXXVII 140 corporation during any one calendar year. In the event a class K-1 licensee utilizes a vendor who holds a then currently issued and valid class A, A -1, AA, D, E, E-1, E-2, F, F-1, M, N, N-1, O, P, R, S or U liquor license in the city, such vendor shall actually conduct and be responsible for all liquor sales. In the event a class K-1 licensee does not so utilize a vendor then prior to the issuance of any class K-1 license to an individual or corporation, the individual or corporation shall post with the city a bond in the amount of five thousand dollars ($5,000.00) in a form approved by the corporation counsel which shall be in favor of the city. A condition of the obligation of such bond shall be a guarantee that the special event and the sale of alcoholic liquor shall be conducted in compliance with the terms of the class K-1 license issued and all applicable ordinances and other requirements of law. Prior to the issuance of any class K-1 license, the applicant shall submit to the chief of police a security plan which must be approved by the chief of police which includes an acknowledgment from the applicant that any changes to the security plan must be submitted to the chief of police in writing five (5) days before the special event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons legally authorized to purchase and consume alcoholic liquor. The license fee per special event is forty-four dollars ($44.00), however, there shall be no license fee for any special event on the premises of the Elgin Art Showcase. P. Class M: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located in the Grove subdivision, said subdivision being in the southeast quarter of section 19, and in the northeast quarter of section 30, all in township 42 north, range 8, east of the third principal meridian in Kane County, Illinois, and said subdivision generally being bounded on the east by Randall Road, on the west by Vantage Drive, on the north at a distance approximately 1075 feet north of Northwest Parkway, and on the south at a distance approximately 375 feet south of Technology Drive. A licensee holding a class M license may sell or permit to be sold alcoholic liquors daily from six o'clock (6:00) A.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class M license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day. The retail sale of alcoholic liquor for consumption on or within any exterior area adjoining the licensed premises, including, but not limited to, a beer garden, patio area or other similar exterior, unroofed or otherwise wholly unenclosed area adjoining and utilized in conjunction with the VOLUME LXXVII MARCH 21, 2012 141 licensed premises, shall be permitted daily from nine o'clock (9:00) A.M. until one o'clock (1:00) A.M. the following day. A licensee holding a class M license may sell or permit to be sold alcoholic liquor for consumption at a special event off the site of a licensed premises during a special or themed event being conducted on Bushwood Drive upon obtaining a class M special event permit. An application for a class M special event permit shall be filed with the city clerk. The chairman of the local liquor commission may, upon proper application showing conformance with all legal requirements, grant a class M special event permit without conducting a public hearing thereof. In the event the chairman of the local liquor commission declines to grant an application for a class M special event permit, then such application shall be submitted to the local liquor control commission for a public hearing and consideration provided in this chapter. Any such class M special event permit shall also be subject to the following: 1. Applications for a class M special event permit shall be executed both by the class M licensee and the owner of the property at which the special event is proposed to be conducted. 2. No class M special event permit shall be issued for more than three (3) consecutive days. No more than five (5) class M special event permits shall be issued to any licensee during any one calendar year. 3. The hours of a class M special event shall last no later than one o'clock (1:00) A.M. 4. Proof of dramshop insurance verifying coverage for the special event shall be provided by the class M licensee prior to the issuance of a special event permit. There shall be no exterior signage on any premises issued a class M liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is two thousand two hundred dollars ($2,200.00). Q. Classes N And N-1: 1. Class N: For the retail sale of alcoholic liquor at the riverboat gaming pavilion on the premises commonly known as 250 South Grove Avenue, Elgin, Illinois, in the following areas: MARCH 21, 2012 VOLUME LXXVII 142 a. First floor; designated restaurant area in conjunction with the service of meals for consumption on the premises. b. First floor; designated food court, snack bar and all seating areas for consumption on the premises. c. First floor; designated tavern area for consumption on the premises. d. Second floor; designated banquet facility for consumption on the premises. The term "premises" shall include any adjoining interior areas utilized in conjunction with the first floor designated food court, snack bar and seating areas. The term "premises" shall also include any adjoining exterior terrace areas utilized in conjunction with the designated area. The first floor designated tavern area shall be subject to the restrictions for a class A license as set forth under subsection 6.06.140N of this chapter, as amended, relating to the admission of persons who have not attained the age of twenty one (21) years. The license fee per year is eight hundred eighty dollars ($880.00). 2. Class N-1: For the retail sale of alcoholic liquor at the riverboat gaming pavilion on the premises commonly known as 250 South Grove Avenue, Elgin, Illinois, in the following areas: a. Second floor; designated lounge area for consumption on the premises with admission thereto being limited to members and their guests only of the private club known as the Brighton lounge. The term "premises" shall include the adjoining exterior terrace areas used in conjunction with the designated area. Said designated lounge area shall be subject to the restrictions for a class A license as set forth under subsection 6.06.140N of this chapter, as amended, relating to the admission of persons who have not attained the age of twenty one (21) years. The license fee per year is six hundred sixty dollars ($660.00). R. Class P: For the retail sale of alcoholic liquor by a bona fide catering business with headquarters within the city. Sales by a catering business may be made only for consumption at a private party when the food for said party is catered by the licensee and when the alcoholic liquor and food are served by the catering business. Such private parties shall not be VOLUME LXXVII MARCH 21, 2012 143 open to the public and no admission charge shall be levied to guests of such a private party. Such sales by a catering business shall be made only at the registered office of the licensee, which shall be the licensed premises. The annual license fee per year is two hundred twenty dollars ($220.00). S. Class Q: For the sale of alcoholic liquor limited to wine only, by a bona fide auction business with offices within the city on the premises specified, for use or consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this title and other requirements of law on the premises specified. Prior to any auction sales of wine the licensee shall require all persons intending on bidding to produce identification establishing that all such persons are twenty one (21) years of age. The license fee per year is four hundred forty dollars ($440.00). T. Classes R And R-1: 1. Class R: For the retail sale by a nightclub, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located in the CC1 center city zoning district and east of the Fox River. A licensee holding a class R license may sell or permit to be sold alcoholic liquors only on Fridays and Saturdays from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on two (2) other days during the week from eight o'clock (8:00) P.M. until three o'clock (3:00) A.M. the following day. Class R licensees shall notify the liquor commission in writing as to the specific weekday or weekdays that sales will be conducted and shall not change such weekday or weekdays without providing the liquor commission prior written notice. A licensee holding a class R license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day. In the event a nightclub seeking a class R license is a private club with admission limited to members and their guests only, the application and any license issued for such an establishment shall so provide admission and the sale of alcohol at such an establishment shall be limited to members and their guests only. The license fee per year is three thousand eighty dollars ($3,080.00). 2. Class R-1: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located on a parcel in the CC1 center city zoning district and east of the Fox River, or on a parcel in the CC2 center MARCH 21, 2012 VOLUME LXXVII 144 city zoning district and east of the Fox River that is either contiguous to or separated by a public right of way from the boundary of the CC1 center city zoning district. A licensee holding a class R-1 license may sell or permit to be sold alcoholic liquors only on Fridays and Saturdays from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on one other day during the week from eight o'clock (8:00) P.M. until two o'clock (2:00) A.M. the following day. A licensee holding a class R-1 license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from nine o'clock (9:00) P.M. until four o'clock (4:00) A.M. the following day. The license fee per year is three thousand eighty dollars ($3,080.00). U. Class S: For the retail sale by banquet facilities, on the premises specified, of alcoholic liquor for consumption on the premises only. Banquet facilities shall consist of a business for which the exclusive activity is the catering of private parties where there is service for consumption at tables of a full multiple course meal or hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold incident to such food service. Each of such private parties at a banquet facility shall be prearranged under the sponsorship of a particular person or organization, including, but not limited to, wedding dinners, school graduation dinners, periodic meetings of service organizations and political fundraising events. Banquet facility events shall not be open to the general public except by appointment or special invitation. No admission charge shall be levied to guests at such banquet facility events except for bona fide political fundraising events or bona fide charitable fundraising events sponsored by a not for profit corporation or association registered with the state. The annual license fee per year is three thousand eighty dollars ($3,080.00). V. Class T: For the incidental retail sale of beer, wine and liqueurs for consumption on the premises where sold and for the incidental retail sale of beer, wine and liqueurs in the original package not for consumption on the premises where sold. For the purposes of this section, "liqueur" shall mean any of the various strong sweet alcoholic spirits flavored with aromatic substances usually drunk after a meal. The retail sale and consumption on the premises of alcoholic liquor commonly known as "hard liquor", including, but not limited to, gin, rum, tequila, vodka and whiskey, is expressly prohibited under the class T liquor license. In addition to any other restrictions and conditions set forth in this title, class T liquor licenses shall be subject to the following restrictions and conditions: VOLUME LXXVII MARCH 21, 2012 145 1. The primary business of the licensee shall be the sale of gourmet food products for consumption on or off the premises where sold. For the purposes of this section, "gourmet food products" shall mean high quality food that is sophisticated, expensive, rare or meticulously prepared, including coffee and tea products. 2. The sale of alcoholic liquor authorized to be sold by the class T liquor license shall be incidental to the sale of gourmet food products. a. The test to determine whether the sale of alcoholic liquor is incidental to the primary business of selling gourmet food products shall be a comparison of the gross revenue derived by the licensee from the sale of alcoholic liquor to the gross revenue obtained by the licensee from the sale of all products other than alcoholic liquor during the period in which the license is granted. b. For the purposes of this section, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected by the seller, received by the licensee as the result of the transfer of goods, or the provision of services to another. c. It shall be a condition to the renewal of a class T liquor license that, for the period during which the applicant for renewal was a licensee in such class, the licensee's gross revenue from the sale of alcoholic liquor authorized to be sold by the class T liquor license does not exceed five percent (5%) of the licensee's gross revenue from the sale of gourmet food products in the ordinary course of business by the licensee. d. The licensee shall maintain adequate books and records in accordance with generally accepted accounting standards which shall clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue for the sale of gourmet food products. The licensee shall make such books and records available for inspection by the local liquor control commission or its designee. Such inspection may be conducted during normal business hours on the licensed premises or at such other location in the city as directed by the local liquor control commission. The local liquor control commission shall determine, as a result of such inspection, whether, in the local liquor control commission's opinion, the books and records maintained by the licensee meet the requirements of this section and whether there is cause for the local liquor control commission to revoke or suspend MARCH 21, 2012 VOLUME LXXVII 146 the license, impose a fine on the licensee, or impose a fine in addition to revoking and suspending the license in accordance with the provisions of this title. e. Should the local liquor control commission determine that the licensee is not attempting in good faith to comply with the provisions concerning the sale of alcoholic liquor authorized to be sold by the class T liquor license as an incidental part of a gourmet food business, and within the limitations imposed upon the gross revenue from the sale of alcoholic liquor as provided in this section, the local liquor control commission may impose a fine upon the licensee, revoke or suspend the license, or impose a fine in addition to revoking and suspending the license in accordance with the provisions of this title. 3. The alcoholic liquor authorized to be sold by the class T liquor license shall not occupy more than ten percent (10%) of the shelf space in the public portion of the licensed premises and shall not be visible from the exterior of the premises. 4. The sale of alcoholic liquor authorized to be sold by the class T license shall not be advertised or otherwise promoted in any way. Menus, menu boards, table or countertop displays utilized in the licensed premises referencing the sale of alcoholic liquor shall not constitute advertising or promotion for the purposes of this subsection. 5. The package liquor business must be operated and maintained in a physically separate manner from the retail sale of gourmet food products businesses on the premises. 6. The annual fee for such liquor license shall be one hundred ten dollars ($110.00). W. Class U and U-1: 1. Class U: For the retail sale of alcoholic liquor on the specified premises in any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen facilities licensed and certified pursuant to the city's retail food stores and food service establishments sanitation code, 77 Illinois administrative code 750, and with dining room equipment and capacity and having employed therein a sufficient number and kind of employees to VOLUME LXXVII MARCH 21, 2012 147 prepare, cook and serve suitable food for its guests. The intent of this license classification is that the primary business conducted on the premises to be licensed shall be the service of meals in a restaurant that also has an integrated tavern area. A full menu, including entrees and appropriate side dishes, shall be available at all times liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday through Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available. Provided, the kitchen may cease operating no sooner than one hour before closing. A licensee holding a class U license may sell or permit to be sold alcoholic liquors daily from six o'clock (6:00) A.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class U license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day. All such liquor service shall be by the drink only, excepting vinous beverages by the bottle or carafe, or beer by the pitcher of a capacity not to exceed sixty (60) ounces. There shall be no exterior signage on any premises issued a class U liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is one thousand one hundred dollars ($1,100.00). 2. Class U-1: For the retail sale of alcoholic liquor on the specified premises in any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen facilities licensed and certified pursuant to the city's retail food stores and food service establishments sanitation code, 77 Illinois administrative code 750, and with dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. The intent of this license classification is that the primary business conducted on the premises to be licensed shall be the service of meals in a restaurant that also has an integrated tavern area. A full menu, MARCH 21, 2012 VOLUME LXXVII 148 including entrees and appropriate side dishes, shall be available at all times liquor sales are being conducted until ten o'clock (10:00) P.M. Sunday through Thursday, and eleven o'clock (11:00) P.M. Friday and Saturday. After such times, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available. Provided, the kitchen may cease operating no sooner than one hour before closing. There shall be no exterior signage on any premises issued a Class U-1 liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is one thousand one hundred dollars ($1,100.00).” X. Class W: For the retail sale of alcoholic liquor, in the original package container, provided that such sale shall be: 1) pursuant to orders placed by telephone, facsimile, electronic mail, U.S. mail or the internet; 2) for future delivery only, and where such delivery to the customer is by U.S. mail or common carrier, with restricted delivery to a customer only upon proof presented by the customer that such customer is twenty one (21) years of age or older; 3) processed with a shipping container that is clearly labeled to indicate that the package cannot be delivered to a person under the age of twenty one (21) years; 4) for consumption on the customer's premises and not for resale. There shall be no mandatory closing time for a class W license. Notwithstanding the provisions of subsection 6.06.090A of this chapter prohibiting the issuance of a retail alcoholic liquor dealer's license for any premises classified as residential under the city's zoning ordinance, the local liquor control commission may grant a class W license for any such premises classified as residential under the city's zoning ordinance provided the use of the premises for the purposes of the class W license fully comports with all applicable provisions of the city's zoning ordinance. The annual license fee shall be one hundred ten dollars ($110.00). Y. Class X: For the incidental retail sale of alcoholic liquor for consumption on the premises specified for establishments consisting of a full service salon, subject to the following restrictions and conditions: 1. A full service salon qualifying for this license shall be kept, used and maintained, advertised and held out to the public as a full service salon and regularly provide for services customarily offered at a full service salon, including salon services such as hair styling and coloring, facials, skin treatments, makeup, manicures, pedicures and massage services. VOLUME LXXVII MARCH 21, 2012 149 2. Alcoholic liquors authorized for sale pursuant to a class X license shall be limited to beer, wine, champagne and martinis. A licensee holding a class X license may sell or permit to be sold alcoholic liquors Monday through Friday from five o'clock (5:00) P.M. until ten o'clock (10:00) P.M. and Saturday and Sunday from nine o'clock (9:00) A.M. until five o'clock (5:00) P.M. All liquor service shall be by the drink only. The sale of alcoholic beverages shall be limited to sales in conjunction with the promotion of other salon services at the salon and sale of alcoholic liquor shall be limited to customers of the salon who are simultaneously purchasing salon services. No more than two (2) alcoholic beverages shall be sold to an individual customer on any day. 3. The alcoholic liquor authorized to be sold by the class X liquor license shall not be displayed or stored on open shelf space in the public portion of the licensed premises and shall not be visible from the exterior of the licensed premises. There also shall be no exterior signage on any premises issued a class X liquor license indicating or advertising the sale of alcoholic liquor. 4. The test to determine whether the sale of alcoholic liquor is incidental to the primary business of a full service salon shall be a comparison of the gross revenue derived by the licensee from the sale of alcoholic liquor to the gross revenue obtained by the licensee from the sale of salon services during the period in which the license is granted. For the purposes of this subsection, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected, received by the licensee as a result of the transfer of goods, or the provision of services to another. It shall be a condition to the renewal of a class X license that, for the license period immediately preceding the proposed renewal, that the licensee's gross revenue from the sale of alcoholic liquor authorized to be sold by the class X liquor license does not exceed five percent (5%) of the licensee's gross revenue from the sale of salon services in the ordinary course of business by the licensee. The licensee shall maintain adequate books and records in accordance with generally accepted accounting standards which shall clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue for the sale of salon services. The licensee shall make such books and records available for inspection by the local liquor control commission or its designee. Such inspection may be conducted during normal business hours on the licensed premises or at such other location as the city is directed by the local liquor control commission. MARCH 21, 2012 VOLUME LXXVII 150 5. The license fee per year is one hundred ten dollars ($110.00). Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. 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: March 21, 2012 Passed: March 21, 2012 Vote: Yeas: 6 Nays: 0 Recorded: March 21, 2012 Published: March 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G15-12 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Steffen made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G15-12 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” WHEREAS, the City of Elgin is a home rule unit, and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquors, including requirements for liquor license applications, pertains to the government and affairs of the city. VOLUME LXXVII MARCH 21, 2012 151 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents:" be and is hereby further amended by amending subparagraph C9 thereof to read as follows: "A list of convictions of the applicant, and for the manager where the business is to be conducted by a manager for the applicant, for any non-traffic violations of any ordinance or statute of any city, county or state or of the federal government, indicating the names of the offenses and dates of conviction. The applicant , and the manager where the business is to be conducted by a manager for the applicant, shall also execute all necessary documents providing for the applicant's and manager's authorization for the city to conduct fingerprint criminal history conviction background checks. If the applicant is a corporation, the stock of which is publicly traded on a nationally recognized stock exchange, the applicant shall execute all necessary documents providing for the applicant's authorization for the city to conduct non-fingerprint criminal history conviction background checks. In the event a licensee changes a manager of a licensed establishment, the licensee shall provide the city written notice thereof prior to the change of managers. In such instance, the licensee and the new proposed manager shall provide a list of convictions of the manager for any non-traffic violations of any ordinance or statute of any city, county or state or of the federal government, indicating the names of the offenses and the dates of conviction. The new proposed manager shall also execute all necessary documents providing for the proposed new manager's authorization for the city to conduct fingerprint criminal history conviction background checks on such new proposed manager. The costs of such criminal history conviction background checks shall be paid by the applicant. The provisions of this subsection C9 shall not apply to any application in which the city of Elgin is the applicant or for any applicant seeking a class H, I or K-1 license." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor MARCH 21, 2012 VOLUME LXXVII 152 Presented: March 21, 2012 Passed: March 21, 2012 Vote: Yeas: 6 Nays: 0 Recorded: March 21, 2012 Published: March 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G16-12 PASSED AMENDING ORDINANCE NO. G56-11 AND CHAPTER 4.14 OF THE ELGIN MUNICIPAL CODE ESTABLISHING A MUNICIPAL ELECTRICITY USE TAX Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Ordinance No. G16-12 AN ORDINANCE AMENDING ORDINANCE NO. G56-11 AND CHAPTER 4.14 OF THE ELGIN MUNICIPAL CODE ESTABLISHING A MUNICIPAL ELECTRICITY USE TAX WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to tax; and WHEREAS, 65 ILCS 5/8-11-2 provides in part that the corporate authorities of any municipality may tax the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the municipality at rates specified in such statute, calculated on a monthly basis for each purchaser; and WHEREAS, the city council has previously established a municipal electricity use tax pursuant to Ordinance No. G56-11 adopted by the city council of the City of Elgin on December 21, 2011; and VOLUME LXXVII MARCH 21, 2012 153 WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to provide for certain technical amendments to such ordinance establishing a municipal electricity use tax with respect to the effective date of such tax and with respect to the legality of resales. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 1 of Ordinance No. G56-11 providing for a municipal electricity use tax pursuant to a new Chapter 4.14 of the Elgin Municipal Code be and is hereby further amended by amending subparagraph D of Section 4.14.030 of the Elgin Municipal Code, 1976, as amended, entitled "Electrical Use Tax Kilowatt Hour Tax Imposed; Amount" to read as follows: "D. The tax shall be imposed with respect to the use or consumption of electricity by residential customers and non-residential customers beginning with the first bill issued on or after July 1, 2012." Section 2. That Section 1 of Ordinance No. G56-11 providing for a municipal electricity use tax pursuant to a new Chapter 4.14 of the Elgin Municipal Code, be and is hereby further amended by amending subparagraph A of Section 4.14.060 of the Elgin Municipal Code, 1976, as amended, entitled "Resales" to read as follows: "A. Resale of Electricity. Electricity that is delivered to a person in the City shall be considered to be for use and consumption by that person unless the person receiving the electricity has an active resale number issued by the Finance Department and furnishes that number to the person who delivers the electricity, and certifies to that person that the sale is either entirely or partially nontaxable as a sale for resale. The Finance Department shall issue a resale number only in the limited circumstances where the resale of electricity is still authorized by law." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. 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 MARCH 21, 2012 VOLUME LXXVII 154 Presented: March 21, 2012 Passed: March 21, 2012 Vote: Yeas: 5 Nays: 1 Recorded: March 21, 2012 Published: March 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass Ordinance Nos. S2-12, G12-12, and G13-12 and adopt Resolution Nos. 12-49 through 12-60 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-49 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT ILLINOIS ROUTE 58, SUMMIT STREET AND SHALES PARKWAY Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-49 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT ILLINOIS ROUTE 58, SUMMIT STREET AND SHALES PARKWAY 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 agreement with the Illinois Department of Transportation on behalf of the City of Elgin for traffic signal improvements at Illinois Route 58, Summit Street, and Shales Parkway, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVII MARCH 21, 2012 155 Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-50 ADOPTED AUTHORIZING FUNDING IN CONNECTION WITH THE AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELGIN FOR TRAFFIC SIGNAL IMPROVEMENTS AT ILLINOIS ROUTE 58, SUMMIT STREET AND SHALES PARKWAY Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-50 RESOLUTION AUTHORIZING FUNDING IN CONNECTION WITH THE AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELGIN FOR TRAFFIC SIGNAL IMPROVEMENTS AT ILLINOIS ROUTE 58, SUMMIT STREET AND SHALES PARKWAY WHEREAS, the City of Elgin has entered into an agreement with the State of Illinois for the improving approximately 705 lineal feet (0.133 miles) of IL Route 58, (FAU Route 1320), Summit Street, approximately 257 lineal feet of Shales Parkway, and approximately 95 lineal feet of Countryfield Lane, known as State Section 581-N-1, State Job Number: C-91-697-10, and WHEREAS, in compliance with the aforementioned agreement, it is necessary for the City to appropriate sufficient funds to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED that there is hereby appropriated the sum of Twenty Five Thousand Nine Hundred Eighty Dollars ($25,980) or so much thereof as may be necessary, from any money now or hereinafter allotted to the City to pay its share of the cost of this improvement as provided in the agreement; and BE IT FURTHER RESOLVED, that upon award of the contract for this improvements, the City pay to the State in a lump sum from any funds allotted to the City, an amount equal to 80% of its obligation incurred under this agreement, and will pay to said State the remainder of the obligation in a lump sum, upon completion of the project based on final costs. MARCH 21, 2012 VOLUME LXXVII 156 BE IT FURTHER RESOLVED that the City agrees to pass a supplemental resolution to provide any necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-51 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DIXON DANCE ACADEMY, INC. Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-51 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DIXON DANCE ACADEMY, INC. 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 a service agreement on behalf of the City of Elgin with the Dixon Dance Academy, Inc. to provide dance instruction at The Centre for the year 2012, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVII MARCH 21, 2012 157 Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-52 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PHN ARCHITECTS, INC. Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-52 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PHN ARCHITECTS, LTD. 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 Agreement with PHN Architects, Inc. on behalf of the City of Elgin for conducting an accessibility assessment of facilities and properties, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MARCH 21, 2012 VOLUME LXXVII 158 RESOLUTION 12-53 ADOPTED AUTHORIZING PURCHASE OF PANASONIC TABLET PERSONAL COMPUTERS FROM CDS OFFICE TECHNOLOGIES FOR MEDICAL REPORTING AND MOBILE FIRE INSPECTIONS Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-53 RESOLUTION AUTHORIZING PURCHASE OF PANASONIC TABLET PERSONAL COMPUTERS FROM CDS OFFICE TECHNOLOGIES FOR MEDICAL REPORTING AND MOBILE FIRE INSPECTIONS 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 purchase eighteen Panasonic Toughbook 19s from CDS Office Technologies for a total amount of $59,850 pursuant to the quotation therefor dated February 9, 2012, a copy of which is attached hereto and made a part hereof by reference, and pursuant to the State of Illinois Purchasing Program. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-54 ADOPTED AUTHORIZING PURCHASE OF FIRE DEPARTMENT MOBILE MEDICAL REPORTING SOFTWARE FROM IMAGETREND, INC. Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII MARCH 21, 2012 159 Resolution No. 12-54 RESOLUTION AUTHORIZING PURCHASE OF FIRE DEPARTMENT MOBILE MEDICAL REPORTING SOFTWARE FROM IMAGETREND, 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 purchase field data collection site license software and support from ImageTrend, Inc. in the amount of $14,000 pursuant to the proposal therefor dated December 18, 2011, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-55 ADOPTED AUTHORIZING PURCHASE OF MOBILE FIRE INSPECTION SOFTWARE PROGRAM FROM ZOLL DATA SYSTEMS, INC. Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-55 RESOLUTION AUTHORIZING PURCHASE OF MOBILE FIRE INSPECTION SOFTWARE PROGRAM FROM ZOLL DATA SYSTEMS, 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 purchase two cardiac monitors and related components from Zoll Medical Corporation for the total amount of MARCH 21, 2012 VOLUME LXXVII 160 $55,470.70 pursuant to the quotation therefor dated February 10, 2012, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city for the purchase authorized by this resolution. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-56 ADOPTED AUTHORIZING PURCHASE OF CARDIAC MONITORS AND RELATED COMPONENTS WITH ZOLL MEDICAL CORPORATION Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-56 RESOLUTION AUTHORIZING PURCHASE OF CARDIAC MONITORS AND RELATED COMPONENTS WITH ZOLL MEDICAL CORPORATION 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 purchase five cardiac monitors and related components from Zoll Medical Corporation for the total amount of $124,570.00 pursuant to the quotation therefor dated February 14, 2012, a copy of which is attached hereto and made a part hereof by reference. VOLUME LXXVII MARCH 21, 2012 161 BE IT FURTHER RESOLVED that the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city for the purchase authorized by this resolution. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-57 ADOPTED AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE AMERICAN RED CROSS Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-57 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE AMERICAN RED CROSS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a Memorandum of Understanding with The American Red Cross on behalf of the City of Elgin to provide a framework for cooperation between The American Red Cross and the City of Elgin in preparing for and responding to disaster situations and assisting emergency response efforts, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor MARCH 21, 2012 VOLUME LXXVII 162 Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-58 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO FAÇADE IMPROVEMENT PROGRAM AGREEMENT WITH JAMES WICKER (79 S. GROVE AVENUE) Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-58 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO FACADE IMPROVEMENT PROGRAM AGREEMENT WITH JAMES WICKER (79 S. Grove Avenue) 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 amendment to facade improvement program agreement on behalf of the City of Elgin with James Wicker, owner of the property commonly known as 79 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII MARCH 21, 2012 163 RESOLUTION 12-59 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH FIRE RECOVERY USA, LLC Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-59 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH FIRE RECOVERY USA, LLC 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 agreement on behalf of the City of Elgin with Fire Recovery USA, LLC for performing billing services in connection with motor vehicle incidents and other emergency incidents, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-60 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH SHG OF ILLINOIS, LLC (227 DUPAGE STREET) Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. MARCH 21, 2012 VOLUME LXXVII 164 Resolution No. 12-60 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH SHG OF ILLINOIS, LLC (227 DuPage 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 SHG of Illinois, LLC on behalf of the City of Elgin for economic development assistance in connection with the development of 227 DuPage Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Adopted: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S2-12 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. S2-12 AN ORDINANCE ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXVII MARCH 21, 2012 165 Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2012 Official Zoning Map" dated March, 2012 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois. Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map. Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $55.00; each quadrant map - $25.00; the entire five map set - $145.00. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Passed: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: March 21, 2012 Published: March 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G12-12 PASSED RECLASSIFYING CERTAIN TERRITORY FROM ORI OFFICE RESEARCH INDUSTRIAL TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (COURTYARDS ON RANDALL-2410 TO 2420 ALFT LANE, 1640 TO 1670 CAPITAL STREET AND 2445 WESTFIELD DRIVE) Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. MARCH 21, 2012 VOLUME LXXVII 166 Ordinance No. G12-12 AN ORDINANCE RECLASSIFYING CERTAIN TERRITORY FROM ORI OFFICE RESEARCH INDUSTRIAL TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (Courtyards on Randall – 2410 to 2420 Alft Lane, 1640 to 1670 Capital Street and 2445 Westfield Drive) WHEREAS, written application has been made for a map amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the Findings of Fact and Recommendation of the Planning and Development Commission. 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 December 5, 2011, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That the Official Zoning District Map as incorporated into the Elgin Municipal Code by, Section 19.07.600 of said Code, is hereby amended to include in the PORI Planned Office Research Industrial District: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District, the following described property: Part of Lot 18, Westfield Business Park, City of Elgin, Kane County, Illinois according to the plat thereof recorded as Document 1931202 and also; part of Lots 22, 23 and 24, Westfield Business Park Plat No, 2, City of Elgin, Kane County, Illinois according to the plat thereof recorded as Document 2012687 described as follows: Commencing at the southeast corner of said Lot 18; thence North 88°47’45” West along the southerly line of said Lot, 152.80 feet for a point of beginning, being the westerly line of Capitol Street as heretofore dedicated by Document 2006K078969; thence continuing North 88°47’45” West along the southerly line of said Lot, 238.0 feet; thence North 1°12’15” East 104.0 feet; thence North 88°47’45” West 18.11 feet; thence North 1°12’15” East 206.0 feet to a point of curvature; thence northerly, northwesterly and westerly along a curve VOLUME LXXVII MARCH 21, 2012 167 to the left having a radius of 93.0 feet, tangent to the last described course, 152,19 feet to a point of tangency; thence South 87°26’25” West 24.71 feet; thence North 1°12’15” East 232.82 feet to the northerly line of said Lot 22; thence South 88°47’45” East along the northerly line of said Lots 22 and 23, 82.67 feet to a point of curvature therein; thence northeasterly along the northerly line of said Lot 23, being a curve to the left having a radius of 333.0 feet, tangent to the last described course, 262.01 feet to a point of tangency therein, being the northwest corner of said Lot 24; thence North 46°07’25” East along a northwesterly line of said Lot, 166.58 feet to the southwesterly line of said Capitol Street; thence South 38°17’19” East along said southwesterly line 71.60 feet to a point of curvature therein; thence southeasterly, southerly and southwesterly along a westerly line of said street being a curve to the right having a radius of 183.0’, tangent to the last described course, 196.96 feet to a point of tangency therein; thence South 23°22’39” West along a westerly line of said street 138.17 feet to a point of curvature therein; thence southerly along a westerly line of said street, being a curve to the left having a radius of 1053.0 feet, tangent to the last described course, 407.70 feet to a point of tangency therein; thence South 1°11’38” West along a westerly line of said street 83.56 feet to the point of beginning in the City of Elgin, Kane County, Illinois and containing 5.901 acres. All distances are given in feet and decimal parts thereof. (Property commonly known as 2410 to 2420 Alft Lane, 1640 to 1670 Capital Street, and 2445 Westfield Drive, more specifically identified by Kane County PIN Nos.: 03-31-277-044, -045, -046, - 047, -048, -049, -050, -051, -053, -054, -055, -056, -057, and -058). Now known as: Unit A100, Unit A101, Unit B100, Unit B101, Unit C100, Unit C500, Unit D100, Unit D101, Unit D501, Unit D502, Unit E100, Unit E500, Unit E501, and Unit E900 in Courtyards on Randall Office Condominiums, as delineated an a Plat of Survey of the following Described Tract of Land: Lot 22 and a Portion of Lots 23 And 24 In Westfield Business Park Plat No. 2 and a Portion of Lot 18 in Westfield Business Park, Both Being Subdivisions in a Part of the East Half of The Northeast Quarter of Section 31, Township 42 North, Range 8, East of The Third Principal Meridian, In Kane County, Illinois, Which Plat of Survey Is Attached As Exhibit "D" to the Declaration of Condominium Recorded August 14, 2006, as Document Number 2006K088622, as amended from time to time; together with its Undivided Percentage Interest in the Common Elements. (Commonly referred to as the Courtyards on Randall) (The land described in this Section 2 is herein called the “Subject Property”.) Section 3. That the City Council of the City of Elgin hereby classifies the Subject Property in the PORI Planned Office Research Industrial District in accordance with the following provisions: MARCH 21, 2012 VOLUME LXXVII 168 A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “(SR)”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI 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, as amended. D. Zoning Districts – Generally. In this PORI 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, as amended. E. Land Use. In this PORI 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, as amended. The only permitted, conditional, and similar land uses allowed within this PORI zoning district shall be those permitted, conditional, and similar land uses listed in Chapter 19.40.100, ORI Office Research Industrial District, as it may be amended from time to time. F. Site Design. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PORI zoning district, the site design regulations shall also include the following: 1. General Conditions. The following general conditions will apply to the development and maintenance of land and structures within this PORI zoning district: a. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance, submitted with the development application prepared by David N. Tanner, Carlson Partners, Ltd., as Attorneys and Agent for Owner, dated received October 20, 2011. b. Substantial conformance to the Proposed Landscape Setback Yard Planting Plan, dated received October 20, 2011. c. Substantial conformance to the Courtyards on Randall Landscape VOLUME LXXVII MARCH 21, 2012 169 Plan, dated received October 20, 2011. d. Substantial conformance to the Landscape Maintenance and Easement Agreement between DML Enterprises of Elgin, LLC, IPC-Elgin, LLC, and Courtyards on Randall Office Condominium Association that include the parties responsible for the maintenance of the landscape yard located on the Lindley property, dated January 17, 2012. e. Compliance with all other applicable codes and ordinances. 2. Setbacks by Lot Line. In this PORI zoning district, the minimum required “building” setbacks” and “vehicle use area setbacks” from a “lot line” for a zoning lot shall be as follows: a. Building Setbacks. In this PORI zoning district, the minimum required “building setbacks” for a zoning lot shall be as follows: (1) Street Setback. The minimum required building setback from the Alft Lane “street lot line” and from the Westfield Drive "street lot line" [SR] shall be thirty-five linear feet (35’); and from Capital Street “street lot line” shall be twenty linear feet (20’). (2) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be twenty linear feet (20’). b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the minimum required “vehicle use area setbacks” for a zoning lot shall be in accordance with § 19.40.135, unless as modified below: (1) Street Setback. The minimum required vehicle use area setback from Alft Lane and from Westfield Drive shall be twenty-five linear feet (25’), and from Capital Street shall be five linear feet (5’). (2) Interior Setback. The minimum required vehicle use area setback along interior lot lines shall be zero linear feet (0’). G. Off Street Parking. In this PORI zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. MARCH 21, 2012 VOLUME LXXVII 170 H. Off Street Loading. In this PORI zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as may be amended. I. Signs. In this PORI zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended. J. Nonconforming Uses and Structures. In this PORI zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Amendments. In this PORI district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PORI zoning district authorize such an application. L. Planned Developments. This PORI zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. A conditional use for a planned development may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Conditional Uses. In this PORI zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. N. Variations. In this PORI zoning district variations shall be subject to the provisions of Sections 19.10.500, 19.12.800, and Chapter 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. VOLUME LXXVII MARCH 21, 2012 171 Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 21, 2012 Passed: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: March 21, 2012 Published: March 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G13-12 PASSED AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS" Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G13-12 AN ORDINANCE AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.04.005 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions" be and is hereby further amended to read as follows: "14.04.005: DEFINITIONS: For the purpose of this chapter, the words set out in this section shall have the following meanings: AUTOMATIC METER READING UNIT: A device as designated by the water director which collects water meter readings electronically via a telephone line or a radio signal. MARCH 21, 2012 VOLUME LXXVII 172 BEGINNING READ: An inside reading made when a customer is added to an account. BILLING PERIOD: The period between each reading as set forth in subsection 14.04.200A of this chapter. COMMERCIAL ESTABLISHMENT: A building or complex which houses stores, offices or businesses that engage in trade, sales and service. CUSTOMER OR CONSUMER: Jointly and severally, any person or persons receiving or contracting for water service from the city at a particular metered property and the owner or owners of the property served. The foregoing persons shall be jointly and severally liable for all water charges at the metered property. DISCONNECTION: The physical severing of a metered property from the city water system by removing existing pipes, valves, meters or portions thereof. ESTIMATED BILL: A bill based upon projected charges when a reading is not available. FINAL READ: An inside reading made when a customer is deleted from an account. FINANCE DIRECTOR: The finance director of the city. INDUSTRIAL ESTABLISHMENT: A building or complex which houses mechanical or manufacturing activities. INSIDE READING: The direct and actual reading of a properly functioning meter by a city employee or agent or a reading obtained electronically by an automatic meter reading (AMR) system operated by the city. INSTITUTIONAL ESTABLISHMENT: A building or complex which houses activities such as health, educational, social or religious such as but not limited to churches, charitable organizations, sanitariums, hospitals, correctional facilities or sports facilities. METER: A device as designated by the water director and used by the city to measure consumption of water for billing purposes. METERED PROPERTY: Any property or part thereof, such as, but not limited to, an apartment, house, business, condominium or office, receiving water from the city and which has a meter utilized by the city to determine water charges for the property served. VOLUME LXXVII MARCH 21, 2012 173 MULTIPLE METER SERVICE LOCATION: A service lo cation at which there are two (2) or more metered properties. READING: The process of checking a meter to determine the amount of water usage at any metered property. REMOTE READING: The reading of a meter at a remote reading register. REMOTE READING REGISTER: A device as designated by the water director located outside of a building in an area accessible to city personnel and which displays water consumption as measured by the meter. SERVICE LOCATION: Any property or part thereof receiving water from the city and which is served by a shutoff box. Note: Each service location will include one (single meter service location) or more (multiple meter service location) metered properties. SERVICE PIPES: Those pipes connecting the shut off box to the metered property. SHUT OFF: The termination of water at a service location by closing the valve on a shut off box. SHUT OFF BOX: A valve box or other device as designated by the water director capable of terminating water at a service location. Generally, a shut off box includes, but is not necessarily limited to, a ball valve, curb stop and buffalo pattern curb box of a make and manufacturer as designated by the water director. SINGLE METER SERVICE LOCATION: A service location at which there is only one metered property. WATER ACCOUNT: The total cumulative charges for water service at any metered location. WATER DIRECTOR: The director of water operations for the city of Elgin." Section 2. That Section 14.04.020 of the Elgin Municipal Code, 1976, as amended, entitled "Water Main, Service Piping and Housing Piping Requirements" be and is hereby further amended to read as follows: "14.04.020: WATER MAIN, SERVICE PIPING AND HOUSING PIPING REQUIREMENTS: A. All service pipes placed in connection with the city water main shall be of copper water tube or ductile iron pipe and must be at least five and on half feet (5 ½ ') below the surface of the earth. The service pipes from the shut MARCH 21, 2012 VOLUME LXXVII 174 off box shall be not less than the size of pipe as that extending from the main to the shut off box and shall be installed and maintained at the expense of the customer. No service pipes shall be installed of a size less than one inch (1") in diameter. The service pipes shall meet with the following standards: 1. Copper water tubing, type K. Nominal Pipe Diameter (Inches) Weight (Pounds Per Foot) Test Pressure (Psi Min) 1 0.839 0.780 11/4 1.04 0.630 11/2 1.36 0.580 2 2.06 0.460 2. Any service pipes having an inside diameter of three inches (3") or greater shall be a ductile iron pipe. All ductile iron pipe must conform with specifications of the American Water Works Association and those of the water director. 3. The water department may require the installation of backflow protection devices of approved design in any service line where danger of back pressure is apparent. 4. The shut off box required by this chapter shall be used in copper water tube services and shall be of the "ora seal" or ball valve type. Underground copper joints shall be flanged, and no solder joints are permitted. 5. A shut off box shall be set as required by the water director. 6. All copper water tube service pipes shall be laid in waves and curves in such a manner as to use at least one foot (1') more pipe than would be used if a straight line of pipe was laid and where acid or cinder conditions exist in the ditch, the pipe shall be laid in a bed of sand. VOLUME LXXVII MARCH 21, 2012 175 B. All other pipes used in connection with the water service located inside of any building after the meter must be galvanized iron, copper or brass. C. A twenty foot (20') wide permanent easement shall be dedicated to the city for any water main located outside the city's right of way. The easement shall grant the city access to the water main to perform any necessary maintenance, repair, relocation or replacement of the water main. In lieu of the dedication of such an easement, the city may enter into an agreement with the owner of any water main located outside the city right of way, said agreement providing the terms and conditions for the continued maintenance of the water main by the owner. D. Connections between domestic service pipes and the water main shall be made within the city's right of way, with the curb stop set at the right of way line. The water director may permit a manifold connection between the domestic service pipes and the water main when a service location requires service by multiple meters and the water main is located on the opposite side of the street in which the building or facility is located. The individual curb stops for any such manifold connection shall be set at the city's right of way line and not more than four (4) 1-inch taps shall be provided per manifold. Each manifold will be set in a concrete pad and stamped with unit designation. The manifold system shall not be within 10’ of a building foundation. When a building or facility at a service location does not front a street, the water director may permit the installation of an extended water main provided an easement for such purposes is created within an area located in the front of the building or facility. The extended water main and curb stops shall be installed upon the approval of the water director and the individual taps and curb stops shall be located within three feet (3') of the extended water main. All curb stops, manifolds and b-boxes shall be within an easement granted to the city, if not within the right-of-way. E. Buildings or facilities located within commercial or industrial zoning districts that are erected without frontage on a street or public right of way may obtain domestic water service from a private water main located on the site provided separate curb stops are installed and provided an easement is executed granting the city access to the shut off box. Private water mains and their appurtenances shall not be maintained by the city nor shall the city be liable for any incidental or consequential damage resulting from the city's use or operation of a curb stop installed on a private water main." Section 3. That Section 14.04.065 of the Elgin Municipal Code, 1976, as amended, entitled "Cross Connection with Public Water Supply Prohibited" be and is hereby further amended to read as follows: MARCH 21, 2012 VOLUME LXXVII 176 "14.04.065: CROSS CONNECTION WITH PUBLIC WATER SUPPLY PROHIBITED: A. All industrial, institutional or commercial establishments shall install a reduced pressure zone device on the domestic line. B. All lawn irrigation systems require a Reduced Pressure Zone (RPZ) device. C. If in accordance with the Illinois plumbing code, or in the judgment of the water operations director, an approved cross connection control device is necessary for the safety of the public water supply system, the water operations director shall give notice to the water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois plumbing code and all applicable local regulations and shall have inspection and tests made by a certified cross connection control device inspector, of such approved devices as required by the Illinois plumbing code and local regulations. D. No person, firm or corporation shall establish, or permit to be established, or maintain, or permit to be maintained, any connection whereby a private, auxiliary or emergency water supply enters the supply or distribution system of the city, unless such private auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the water operations director and the Illinois environmental protection agency. E. It shall be the duty of the water operations director to cause surveys and investigations to be made of premises served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated not less than every two (2) years. Inspections shall be conducted at a greater frequency when the water operations director deems it necessary. Records of such surveys shall be maintained by the city water department as a public record and available for review for a period of at least five (5) years. F. The water operations director, or his authorized agent, shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the city for the purpose of verifying the presence of cross connections, or of verifying information submitted by the customer regarding the required cross connection control inspection. On demand, the owner, lessees, or occupants of any property so served shall furnish to the water operations director any information which he may request regarding the water piping or systems, or water use VOLUME LXXVII MARCH 21, 2012 177 on such property. Failure to provide information when demanded, shall be deemed evidence of the presence of improper connections as provided in this section. G. The water operations director of the city is authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service of any property wherein any connection in violation of the provisions of this section is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this section and until a reconnection fee of two hundred fifty dollars ($250.00) is paid to the city. Immediate disconnection with verbal notice may be effected when the water operations director is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. H. The customer is deemed responsible and must bear the cost of cleanup of the potable water supply system if contamination of the potable water supply system occurs through any means under the control of the customer including, but not limited to, an illegal cross connection or an improperly installed, maintained or repaired device, or a device which has been bypassed. I. The regulations of cross connection control attached to the ordinance codified in this section are incorporated as an integral part of this section and are approved and supported by the full authority of this section." Section 4. That Section 14.04.070 of the Elgin Municipal Code, 1976, as amended, entitled "Water Meter Required; Pits; Ball Valves" be and is hereby further amended to read as follows: "14.04.070: WATER METER REQUIRED; PITS; BALL VALVES: A. All services now in use or hereafter installed shall be provided with water meters of a size and type approved by the water director. No water shall be turned on at any service location until a water meter is installed except as herein provided. All city water used on any premises wheresoever situated in the city, except as hereinafter provided, must pass through a water meter. Except as provided below no bypass or connection around the water meter from the water main or service shall be made, allowed or maintained. MARCH 21, 2012 VOLUME LXXVII 178 B. All meters shall be furnished by the city and shall remain the property of the city. Not more than one water meter shall be utilized at any service location. Any additional meters required for internal private use at a service location shall be provided and paid for by the customer but shall not be considered a metered location or be read or billed by the city. All meters herein required for air conditioning and air cooling systems shall be paid for by the customer and shall be subject to regulations of the water director regarding installation, inspection and maintenance to the same extent and in the same manner as meters furnished by the city. C. All meters up to and including one inch (1") in diameter shall be installed by the city. Meters in excess of one inch (1") in diameter shall be installed by the customer as directed by the water director. Every meter shall be set and calibrated by or at the direction of the water director. D. Every service location shall be individually metered and shall be provided with water through a separate service pipe to which a shut off box has been installed. The shut off box shall be located in the city's right of way as closely as possible to the city's right of way line. Not more than one meter shall be installed on any single service pipe for which the city generates a water and sewer bill. Service locations with multiple tenants, lessees, condominiums or other similar multioccupant arrangements may install a single meter to service the multiple occupants at the service location provided there is one person, partnership or corporate entity lawfully designated as being solely responsible for the payment of water and sewer billing generated by the city. In the event any such service location, whether being used for residential or commercial use, is sold or otherwise divided in any manner that legally requires more than one owner or occupant to make payment on the water and sewer billing generated by the city, each independently owned or occupied portion of the service location shall provide a separate water service pipe, shut off box and meter before receiving water service, or an association of owners or occupants shall be formed that is legally responsible for the payment of a single water and sewer bill. E. All meters for residential service locations shall be required to have an automatic meter reading (AMR) unit as directed by the water director. All other meters shall be required to have an AMR unit as site installation conditions permit to be determined by the water director. All automatic meter reading units shall be of a type of unit that collects meter readings electronically F. Meters shall be placed and located within the building served as directed by the water director to enhance accessibility and protection of the meter. Meters shall be located at the point of entry within 3 feet of an exterior wall, unless otherwise accepted by the water director. The area where the VOLUME LXXVII MARCH 21, 2012 179 meter is installed should have walk-in accessibility and working headroom. Water meters used for external irrigation systems shall be installed above grade with backflow preventers and shall be installed, subject to the water director's approval, within a hot box designed to protect the meter and backflow preventer from the elements and unauthorized tampering. No water meter shall be permitted in a crawl space or manhole/meter pit. G. In the event that after installation, the meter becomes inaccessible for any reason, including, but not limited to, flooding or freezing of a meter pit, the water director may direct the customer, at the customer's expense, to take those actions which, in the water director's opinion, are necessary to render the meter readily accessible. H. There shall be installed, on the inlet side of the meter, ball valves of an approved design. There shall also be installed on the outlet side of the meter a ball valve of like design. The meter shall be set in a place so that the meter and the ball valves are easily accessible for removal and for reading, and set in such a manner as to prevent freezing or submersion in water. All meters shall have a working clearance on top of not less than sixteen inches (16") and on all other sides of not less than twelve inches (12"). I. A bypass shall be installed for all meters of three inches (3") or larger and in businesses where water service cannot be interrupted during normal business hours. The bypass shall meet standards and requirements as determined by the water director and shall include tamper proof lockable ball valves. All bypass lines shall have similar cross connection control devices as specified under section 14.04.065 as the main water line. The water director shall be notified prior to the unlocking of any such locked bypass valve. Failure to so notify the water director prior to the unlocking of any such locked bypass valve shall constitute unauthorized use of water." Section 5. That Section 14.04.075 of the Elgin Municipal Code, 1976, as amended, entitled "Meter Conversion" be and is hereby further amended to read as follows: "14.04.075: METER CONVERSION: All water department meters shall be converted to an automatic meter reading (AMR) unit that collects meter readings via radio signal. The water director shall undertake a systematic program to convert all existing water department meters to AMR units. The conversion to an AMR unit shall be installed at no expense to the customer. The customer shall be required to allow the city to install the AMR unit in a location approved by the water director." MARCH 21, 2012 VOLUME LXXVII 180 Section 6. That Section 14.04.150 of the Elgin Municipal Code, 1976, as amended, entitled "Fire Hydrants; Authority to Open" be and is hereby further amended to read as follows: "14.04.150: FIRE HYDRANTS; AUTHORITY TO OPEN: A. Any fire hydrants installed in the city for the purpose of extinguishing fires in the city are declared to be public hydrants, and no person or persons other than the members of the fire department, for the uses and purposes of said department and those specially authorized by the director of the water department, shall open any of the hydrants or attempt to draw water from the same, or in any manner interfere with or injure any of the fire hydrants. B. No person shall use any wrench or device for opening or shutting fire hydrants except such as has been furnished by the water department or approved by the director. A deposit in the amount identified per the most recently enacted ordinance establishing fees shall be paid for every wrench furnished by the water department. C. Any person convicted of violating subsection A of this section shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00)." Section 7. That Section 14.04.200 of the Elgin Municipal Code, 1976, as amended, entitled "Readings" be and is hereby further amended to read as follows: "14.04.200: READINGS: A. Billing for water shall be on a monthly basis and shall be based on actual meter reading; provided, however, that every alternate monthly bill may be based upon an estimated amount of water used by each owner/occupancy, which estimate shall be made by the City in its sole discretion. B. Except as otherwise provided in this chapter, readings of water meters shall be taken by way of an automatic meter reading unit. Inside readings shall be taken on properties in the event the water director or finance director determines there is a reason to believe the automatic meter reading unit may be inaccurate or that an inside reading is otherwise necessary to accurately register the quantity of water consumed. All customers shall provide reasonable access to the city or its designated agents for the purpose of conducting inside readings. C. If a meter fails to accurately register the quantity of water consumed, or if the city is unable to read the meter, such quantity shall be estimated based upon a like period during the preceding year, or in such manner as the VOLUME LXXVII MARCH 21, 2012 181 finance director may direct. An estimated bill shall be prepared and sent to the customer. D. Any estimated bill shall be adjusted to correctly reflect actual consumption when an inside reading has been taken." Section 8. That Section 14.04.210 of the Elgin Municipal Code, 1976, as amended, entitled "Sprinkler and Fire Protection Service" be and is hereby further amended to read as follows: "14.04.210: SPRINKLER AND FIRE PROTECTION SERVICE: A. Whenever sprinkler or fire protection services are desired, application must be made for the privilege of installing such service. Complete plans for such installation shall be attached to such petition. When the application is approved, a contract shall be entered into with the water department for connection from city mains to the property line, which connection will be made by the department, the cost of the same to be paid by the petitioner before installation is completed. B. City water will not be turned into any sprinkler or fire protection service unless all pipes in connection with such system are left exposed for inspection until a pressure test is made. Water shall not be turned on in such service until costs of such installation are paid in full. The Water Department shall require meters for such services. A valve shall be installed with a rising stem on each side of the check valve. C. No additional sprinkler heads shall be installed or new connection of any kind whatsoever shall be made to a sprinkler or fire protection system unless a permit for such connection has been granted by the Water Department. D. Every fire protection and sprinkler service system shall be equipped with a cross connection control device as follows: Pipe Size Device Required With No Chemicals Device Required With Chemicals Up to 2” Double Check Valve (DCV) Reduced Pressure Zone (RPZ) 2.5” or larger Double Detector Check Valve (DDCV)* Detector Reduced Pressure Zone (DRPZ)* *Meter to read in cubic feet MARCH 21, 2012 VOLUME LXXVII 182 The cross connection control device shall have inspection and tests made by a certified cross connection control device inspector, of such approved devices as required by the Illinois plumbing code and local ordinance 14.04.065. E. Any service location requiring on-site fire protection, including, but not limited to, an interior fire suppression sprinkler system or an on-site fire hydrant, shall install a dedicated service pipe that is independently connected to the City's water distribution system for the on-site fire protection system at the service location. Water supplied for domestic use on any such premises shall be provided with an independent service pipe with a dedicated shut-off box. F. A customer shall be charged the water service installation rate as provided in this Chapter for any domestic water service tap or fire suppression system tap that is installed by the City. G. When the water main is located on the opposite side of the street in which the building or facility to be serviced by a dedicated service pipe for an on-site fire protection system, the Water Director may permit a domestic service pipe to be connected to the dedicated service pipe for an on -site fire protection system provided the individual taps and curb stop is located at the property line of the building or facility being serviced." Section 9. That Section 14.04.230 of the Elgin Municipal Code, 1976, as amended, entitled "Billing" be and is hereby further amended to read as follows: "14.04.230: BILLING: A. Bills shall include all charges associated with the delivery of water to the customer including charges related to water usage; installation, repair and maintenance of water service, including meters; authorized surcharges; fees and deposits. B. Water usage charges shall be based upon the reading, estimated charge or customer submitted postcard as provided in Section 14.04.200 of this Chapter. C. 1. Liability: All customers, including, but not limited to, the owner, at any metered property shall be jointly and severally liable for all water charges. Billing shall be sent to the owner. At the owner's request, the billing may be sent to any other customer, subject to the sole discretion of the Finance Director, provided there is a separate meter and separate shutoff for each such building and the proposed customer has a favorable credit history with the City. VOLUME LXXVII MARCH 21, 2012 183 2. Single-Meter Service Locations: Such billing of non-owner customers is done as a convenience to the owner and shall not relieve the owner of responsibility for the bill. Any agreement between a property owner and his tenant regarding pa yment of water bills shall not be binding on the City. The City shall not provide such billing to non-owner customers where there are multiple meters but only one shutoff. 3. Multiple-Meter Service Locations: Separate bills shall be sent for each metered property. D. All bills for water service not paid within the first twenty (20) days after the same become due and payable shall be considered delinquent accounts and subject to an additional late payment charge equal to ten percent (10%) of the unpaid bill. The past due amount, including the late payment charge, shall be included on the subsequent water bill demanding immediate payment. Provided, whenever a water bill becomes delinquent, and there have been no prior delinquencies within the same calendar year for the metered location, the above described late payment charge shall not be assessed if all arrearages are paid within ten (10) days of the issuance of the subsequent water bill. If a customer's account remains delinquent after the issuance of the subsequent water bill which includes a past due amount, such customer shall be given written notice pursuant to Section 14.04.235 of this Chapter that water service will be shut off or disconnected if the past due amount and late charges are not paid within five (5) days of the mailing of such notice. E. The City may cause water service to be shut off at a metered property for nonpayment of water bills after notice as set forth in subsection D of this Section. F. The delinquent water bills of a customer at any metered location may be applied to the water bills of that same customer at any other metered location. G. A request to the City for a final reading of the water meter shall be made three (3) days prior to the date the final reading is requested. Upon receipt, the City shall take a final reading and prepare a bill to be submitted to the consumer or user for payment prior to issuance of any real estate transfer stamps." Section 10. That Section 14.04.260 of the Elgin Municipal Code, 1976, as amended, entitled "Leakage; No Rate Deduction When" be and is hereby further amended to read as follows: "14.04.260: LEAKAGE; NO RATE DEDUCTION WHEN: MARCH 21, 2012 VOLUME LXXVII 184 No deduction shall be made on account of leaking after water has passed through a meter except as is hereinafter provided. In the event that meter registration amounts to more than six (6) times the average monthly usage for the preceding six (6) months and inspection reveals that the increase in meter registration was caused by a leak as a result of defective plumbing or plumbing fixtures or such other conditions as are beyond the control of the customer occurring prior to customer's knowledge of the defect, the Water Director and Finance Director, in the exercise of reasonable discretion, may abate or refund an amount equal to seventy five percent (75%) of the excess over an amount equal to six (6) times the amount of the average monthly bill; provided, however, that no rebate or refund shall be allowed unless and until the defect is repaired. No rebate will be granted for leakage that occurs five (5) days after notification of a leak." Section 11. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 12. 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: March 21, 2012 Passed: March 21, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: March 21, 2012 Published: March 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Moeller made a motion, seconded by Councilmember Powell, 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, February 16, 2012 Liquor Commission Minutes February 8, 2012 Police Pension Fund Board October 19, 2011 VOLUME LXXVII MARCH 21, 2012 185 Committee of the Whole Minutes for February 22, 2012 City Council Minutes for February 22, 2012 Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Dunne, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act Collective Bargaining Issues or Deliberations Concerning Salary Schedules for One or More Classes of Employees - Exempt Under Section 120/2(c)(2) of the Open Meetings Act The meeting adjourned at 7:44 p.m. s/ Kimberly Dewis April 11, 2012 Kimberly Dewis, City Clerk Date Approved