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HomeMy WebLinkAboutg - April 11, 2012 CC186 APRIL 11, 2012 VOLUME LXXVII COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on April 11, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:35 p.m. The Invocation was given by Reverend Robbie Robinson from the 2nd Baptist Church and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: Councilmember Gilliam. MINUTES OF THE MARCH 21, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve the amended March 21, 2012, to reflect an abstention, but no conflict of interest for Councilmember Moeller regarding Resolution 12-62, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS National Public Safety Telecommunicators Week Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, each day, thousands of Americans dial 9-1-1 for help in emergencies. The men and women who answer these calls for help, gathering essential information and dispatching the appropriate assistance, can often make the difference between life and death for persons in need; and WHEREAS, the City of Elgin’s Public Safety Telecommunicators are among the more than 200,000 telecommunications specialists who work daily to protect and to promote public safety; and VOLUME LXXVII APRIL 11, 2012 187 WHEREAS, Public Safety Telecommunicators are more than a calm and reassuring voice at the other end of the phone. They are knowledgeable and highly trained individuals who not only work closely with the Police and Fire Departments, but numerous other State and local agencies as well as other departments within the City; and WHEREAS, because emergencies can strike at any time, we rely on the vigilance and the preparedness of these individuals 24 hours a day, 365 days a year; and WHEREAS, the City of Elgin recognizes the need to maintain the highest standards of public safety, we owe a great debt to the men and women who, by applying their expertise in telecommunications, help to make that achievement possible; and WHEREAS, during this special observance, we acknowledge that debt and extend a heartfelt thank you to each of them; NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, on behalf of the entire City Council and Staff, do hereby proclaim April 8 to April 14, 2012 as National Public Safety Telecommunicators Week. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of April, 2012. David J. Kaptain Mayor National Boys & Girls Club Week Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the young people of Elgin are tomorrow’s leaders; and WHEREAS, many such young people need professional youth services to help them reach their full potential; and WHEREAS, the Boys & Girls Club of Elgin provides services to more than 1,000 young people annually; and WHEREAS, Boys & Girls Clubs are places where great futures start. They are at the forefront of efforts in academic success, healthy lifestyles, and good character and citizenship; and WHEREAS, the Boys & Girls Club organizations in our state and nation help ensure that our young people keep off the streets, offering them a safe and supportive place to go and APRIL 11, 2012 VOLUME LXXVII 188 providing them with quality programs; and WHEREAS, the Boys & Girls Club of Elgin will celebrate National Boys & Girls Club Week, 2012 along with some 4,000 clubs and more than 4 million young people nationwide. NOW, THEREFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim April 16 through 20, 2012, as Boys & Girls Club Week in Elgin and call on all citizens to join me in recognizing and commending the Elgin Boys & Girls Club for providing comprehensive and effective services to the young people in our community. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of April, 2012 David J. Kaptain Mayor Citizen Police Academy Alumni Association Museum Committee Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The mission of the Citizen Police Academy Alumni Association is to bring together Citizen Police Academy graduates to improve the relationship between the police department and the civilian community through volunteerism, fundraising and support of the Elgin Police Department; and WHEREAS, The first committee established by the Alumni Association was the Museum Committee in 2006, whose members have donated more than 1,244 volunteer hours in inventorying all of the department’s historical collection, including photographs, documents and artifacts, and have beautifully updated the displays in the six lobby cases; and WHEREAS, These volunteers strive to instill community pride in the heritage of its police department and the officers who serve; and WHEREAS, In May of 2011, the Citizen Police Academy Alumni Association Museum Committee members were honored to receive the Mayor’s Award for Preservation for the educational and historical displays they had created; and WHEREAS, The Museum Committee in particular wants to recognize former Patrolman Richard Barth’s contribution to an important part of the history of the Elgin Police Department VOLUME LXXVII APRIL 11, 2012 189 as he designed and spearheaded the distribution of the current police shoulder patch that has remained substantially unchanged since it was first issued in 1968. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby extend sincere and warm appreciation to the tireless and enthusiastic volunteers of the Citizen Police Academy Alumni Association Museum Committee in their commitment to the ongoing preservation and sharing of the Elgin Police Department’s rich history. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 11th day of April, 2012. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Terry Gavin stated that based on recent financial reports the estimates of a deficit for the City was inaccurate. He suggested that the new taxes be repealed. Bill Werst invited the public to a fundraiser for the Historic Railroad Equipment Association on April 21st at the Gail Borden Public Library. The group is recreating the Lincoln funeral train. Cindy Pentenger stated her support for the joint dog park with Hoffman Estates and Streamwood. She submitted a petition showing support of other residents for this project. Bill Jones provided an update regarding the Poplar Creek project and noted that a work day was scheduled for April 21st. BID 12-006 AWARDED TO JOHN NERI CONSTRUCTION CO., INC. FOR PHASE 2 OF THE LORD STREET SEWER SEPARATION PROJECT Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve an agreement with John Neri Construction Co., Inc. in the amount of $2,128,588 for Phase 2 of the Lord Street Sewer Separation Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 12-013 AWARDED TO PLOTE CONSTRUCTION, INCORPORATED FOR INTERMITTENT RESURFACING PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve an agreement with Plote Construction, Incorporated in the amount of $2,337,294 for the Intermittent Resurfacing Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. APRIL 11, 2012 VOLUME LXXVII 190 BID 12-016 AWARDED TO SOUND INCORPORATED FOR CAMERA AND DVR REPLACEMENT Councilmember Dunne made a motion, seconded by Councilmember Prigge, to approve an agreement with Sound Incorporated in the amount of $86,073 for camera and DVR replacement. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 12-017 AWARDED TO TNT LANDSCAPE CONSTRUCTION FOR CONTRACTUAL GROUNDS MAINTENANCE FOR WATER DEPARTMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to approve an agreement with TNT Landscape Construction in the amount of $21,900 for contractual grounds maintenance for the Water Department. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 12-022 AWARDED TO VARIOUS VENDORS FOR 2012 POOL CHEMICALS Councilmember Dunne made a motion, seconded by Councilmember Moeller, to approve agreements with Halogen Supply Company, Leslie’s Poolmart Inc. and Univar, and Aqua Pure Enterprises for the total amount of $53,613 for the purchase of pool chemicals for The Centre, Lords Park Family Aquatic Center and Wing Park Family Aquatic Center. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. CITY COUNCIL APPROVED A JOB ORDER WITH F. H. PASCHEN FOR THE CENTRE SHOWER REPAIRS $54,193) Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve an agreement with F.H. Paschen in the amount of $54,193 for the Centre shower repairs. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII APRIL 11, 2012 191 PETITION 02-12 APPROVED REQUESTING A CONDITIONAL USE IN THE PAB PLANNED AREA BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A DRINKING PLACE AND OUTDOOR EATING AND DRINKING FACILITY; PROPERTY LOCATED AT 1350 EAST CHICAGO STREET, BY JAMES MCGRATH, D/B/A MCGRATH BUILDERS, AS APPLICANT AND DEARBORN CONSTRUCTION AND DEVELOPMENT, LTD., AS OWNER Marc Mylott, Community Development Director, provided an overview of the project and noted that there was a request for a change in the hours of operation Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve Petition 02-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 05-12 APPROVED REQUESTING AN AMENDMENT TO PGI PLANNED GENERAL INDUSTRIAL DISTRICT ORDINANCE NUMBER G37-97, TO PROVIDE FOR CONDITIONAL USES; PROPERTY LOCATED AT 921-927 NORTH STATE STREET; BY CHICAGO PROPERTIES, LLC, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the petition. Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 05-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 06-12 APPROVED REQUESTING CONDITIONAL USE APPROVAL IN THE CC2 CENTER CITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A VETERINARY SERVICE FACILITY FOR HOUSEHOLD PETS, PROPERTY LOCATED AT 251 CENTER STREET, BY FUR KEEPS ANIMAL RESCUE, AS APPLICANT, AND DEBRA RYKOFF, AS OWNER Marc Mylott, Community Development Director, provided an overview of the project. Councilmember Dunne had concerns about parking and snow removal for the project. Mr. Mylott noted that the parking lot was still in the design phase and he would address Councilmember Dunne concerns with the petitioner. He also noted that the volume of clients would be restricted based on the appointment only business plan. Councilmember Steffen made a motion, seconded by Councilmember Prigge, to approve Petition 06-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. APRIL 11, 2012 VOLUME LXXVII 192 PETITION 08-12 APPROVED REQUESTING AN AMENDMENT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NUMBER G70-97; PROPERTY LOCATED AT 495 AIRPORT ROAD; BY KIEFFER & CO., INC., AS APPLICANT, AND FULLWEL ELGIN HOTEL GROUP LLC, AS OWNER Marc Mylott, Community Development Director, provided an overview of the project and the changes to be made to the signs. Councilmember Dunne asked Mr. Mylott about a previous sign that may have been located on the property. Mr. Mylott replied that, while he did not recall the circumstances of such a sign, this amendment would make the proposed sign package compliant. Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 08-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 10-12 APPROVED REQUESTING FINAL PLAT APPROVAL OF CLAYMART SUBDIVISION; PROPERTY LOCATED AT 2454 ALFT LANE, BY DML ENTERPRISES ELGIN, LLC, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, presented an overview of the petition. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve Petition 10-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 14-12 APPROVED REQUESTING AN AMENDMENT TO THE 2005 COMPREHENSIVE PLAN AND DESIGN GUIDELINES, TO ADOPT BY REFERENCE, THE FERSON-OTTER CREEK WATERSHED PLAN; BY THE CITY OF ELGIN AS APPLICANT, IN CONJUNCTION WITH THE CONSERVATION FOUNDATION, THE FOX RIVER ECOSYSTEM PARTNERSHIP, AND THE CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP) AS PARTNERS IN THE PLANNING PROCESS Marc Mylott, Community Development Director, provided a brief overview of the request. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve Petition 14-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII APRIL 11, 2012 193 RESOLUTION 12-68 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. (2009 COMBINED SEWER SEPARATION PROJECT-LORD STREET BASIN PROJECT- PHASE 2) Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-68 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. (2009 Combined Sewer Separation Project-Lord Street Basin Project-Phase 2) 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 amendment agreement no. 2 on behalf of the City of Elgin with Christopher B. Burke Engineering, Ltd. for the 2009 Combined Sewer Separation Project- Lord Street Basin Project- Phase 2, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Adopted: April 11, 2012 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-62 ADOPTED 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 (THIS ITEM REQUIRES A MOTION TO RECONSIDER) Councilmember Dunne made a motion, seconded by Councilmember Steffen, to reconsider Resolution 12-62. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. APRIL 11, 2012 VOLUME LXXVII 194 Corporation Counsel Cogley provided details on the procedure of reconsidering agenda items according Robert’s Rules of Order. Randy Reopelle, Parks and Recreation Director, provided additional information about the dog parks in the area including the fees involved. He noted that when creating the Parks Master Plan the creation of a local dog park came up in discussions. He mentioned that at this time the future use of Rolling Knolls had not been determined. Councilmember Prigge asked for clarification for the discussion about the location of a future dog park in the Park’s Master Plan discussions. Mr. Reopelle noted that the location of a dog park had not been discussed during the development of the Park’s Master Plan. Councilmember Prigge stated there were two dog parks in Kane County that Elgin residents could utilize. He voiced his concerns regarding the timing, the costs, and the equity of this project. Councilmember Dunne stated that he is supportive of the dog park and that this expenditure was a good value for the citizens. His concerns at the previous meeting regarding the user fees had been addressed. Councilmember Moeller stated that based on the information provided she would support the project. She suggested methods to make the registration process convenient for Elgin residents. Councilmember Steffen noted that the location of the park would not make everyone happy but it was a good site. He stated that sharing the costs of the park works because the City can offer these amenities to the citizens and not bear the total cost of the project. Councilmember Powell stated that no maintenance cost for the park was an advantage for the City because maintenance of a facility can be costly. She also asked for further details on how developer fees are restricted. Corporation Counsel Cogley provided a detailed description regarding rules governing the use of developer fees. Mayor Kaptain stated that there would be disagreements about the location of the park but this was a good use of the developer impact fees. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. VOLUME LXXVII APRIL 11, 2012 195 Resolution No. 12-62 RESOLUTION 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 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 Intergovernmental Agreement with the Hoffman Estates Park District and the Streamwood Park District on behalf of the City of Elgin for the construction, maintenance and operation of an off-leash dog park, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Adopted: April 11, 2012 Vote: Yeas: 5 Nays: 1 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. G17-12 and G18-12 and adopt Resolution Nos. 12-63 through 12-67 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-63 ADOPTED IN LIEU OF BOND FOR WORK PERFORMED BY THE CITY OF ELGIN IN THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S RIGHT-OF-WAY 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. APRIL 11, 2012 VOLUME LXXVII 196 Resolution No. 12-63 RESOLUTION IN LIEU OF BOND FOR WORK PERFORMED BY THE CITY OF ELGIN IN THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S RIGHT-OF-WAY WHEREAS, the City of Elgin, hereinafter referred to as "City", located in the Counties of Cook and Kane, State of Illinois, desires to undertake in the years 2012 and 2013, the location, construction, operation and maintenance of driveways and street returns, watermain, sanitary and storm sewers, street light, traffic signals, sidewalk, landscaping, etc., on State highways, within said City, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois, hereinafter referred to as "Department", and WHEREAS, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the City or by a private person or firm under contract and supervision of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that City hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department, and to hold State of Illinois harmless during the prosecution of such work, and assume all liability for damages to person or property due to accidents or otherwise by reason of the work which is to be performed under the provisions of said permit BE IF FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that all authorized officials of the City are hereby instructed and authorized to sign said working permit on behalf of the City. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Adopted: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII APRIL 11, 2012 197 RESOLUTION 12-64 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR LIME SLAKER AND FEEDER REPLACEMENT AT THE AIRLITE STREET WATER TREATMENT PLANT 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. 12-64 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR LIME SLAKER AND FEEDER REPLACEMENT AT THE AIRLITE STREET WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Smith Ecological Systems Company for lime slaker and feeder replacement at the Airlite Street water treatment plant, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Adopted: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk APRIL 11, 2012 VOLUME LXXVII 198 RESOLUTION 12-65 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS AT U.S. ROUTE 20 AND MCLEAN BOULEVARD 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. 12-65 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS AT U.S. ROUTE 20 AND MCLEAN BOULEVARD 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 improvements at U.S. Route 20 and McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Adopted: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-66 ADOPTED AUTHORIZING FUNDING IN CONNECTION WITH AN AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELGIN FOR IMPROVEMENTS AT U.S. ROUTE 20 AND MCLEAN BOULEVARD 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 APRIL 11, 2012 199 Resolution No. 12-66 RESOLUTION AUTHORIZING FUNDING IN CONNECTION WITH AN AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELGIN FOR IMPROVEMENTS AT U.S. ROUTE 20 AND MCLEAN BOULEVARD WHEREAS, the City of Elgin has entered into an agreement with the State of Illinois for the improving approximately 9,950 lineal feet (1.88 miles) of US Route 20, (FAP Route 345), Lake Street, State Section 8R-R, State Job Number: C-91-632-09, from approximately 5,700 lineal feet east of McLean Boulevard westerly to approximately 4,200 lineal feet west of McLean Boulevard, 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 Two Hundred Sixty Thousand Two Hundred Sixty Dollars ($260,260) 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 50% 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. 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: April 11, 2012 Adopted: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk APRIL 11, 2012 VOLUME LXXVII 200 RESOLUTION 12-67 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS 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. 12-67 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dianha Ortega-Ehreth be and is hereby appointed as a member of the Human Relations Commission for a term that expires on May 1, 2013. BE IT FURTHER RESOLVED that Elizabeth Femal be and is hereby appointed as a member of the Heritage Commission for a term that expires on May 1, 2014. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Adopted: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G17-12 PASSED AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" 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. G17-12 VOLUME LXXVII APRIL 11, 2012 201 AN ORDINANCE AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" 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 vehicles and traffic within the city 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 Title 11 of the Elgin Municipal Code, 1976, as amended, entitled "Vehicles and Traffic" be and is hereby further amended by adding a new chapter 11.18 thereto entitled "Driving While Intoxicated, Transporting Alcoholic Liquor, and Reckless Driving" to read as follows: "11.18.010 Adopted: The regulations of 625 Illinois Compiled Statutes Sections 5/11-500 through 5/11-507, inclusive, as amended, be and are hereby adopted and incorporated by reference. 11.18.020 Penalty For Violation: A. Any person convicted of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or a combination thereof shall be punished by a fine of not less than Seven Hundred Fifty Dollars ($750) nor more than Two Thousand Five Hundred Dollars ($2,500). Such fine shall be in addition to any sentencing alternative elected by the court. B. Any person convicted of transporting alcoholic liquor shall be punished by a fine of not less than Seventy-five Dollars ($75) nor more than Five Hundred Dollars ($500). C. Any person convicted of reckless driving shall be punished by a fine of not less than Five Hundred Dollars ($500) nor more than Two Thousand Five Hundred Dollars ($2,500)." Section 2. That Section 11.76.030 of the Elgin Municipal Code, 1976, as amended, entitled "Charging of Violations of Adopted State Traffic Regulations" be and is hereby further amended to read as follows: APRIL 11, 2012 VOLUME LXXVII 202 "A. When charging violations of any of the state traffic regulations adopted within this Title 11 as ordinance violations, the "Elgin Municipal Code" box on the uniform citation shall be marked, and the paragraph numbering as used in the Illinois Vehicle Code shall be prefixed by the number 11 for this Title, so that, for example, when referring to the ordinance provision for paragraph "11-501" of the Illinois Vehicle Code, that appropriate provision of the Elgin Municipal Code would be "11-11-501". B. The burden of proof for any offense classified as a "petty" offense or "business" offense in the provisions of the Illinois Vehicle Code adopted by this Title shall be by a preponderance of the evidence. Offenses classified therein as "misdemeanor" offenses shall be proven beyond a reasonable doubt." Section 3. That all ordinances or parts of ordinances that conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after May 1, 2012, upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Passed: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 11, 2012 Published: April 13, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G18-12 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (730 A WEST CHICAGO STREET) 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. G18-12 VOLUME LXXVII APRIL 11, 2012 203 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (730 A West Chicago Street) WHEREAS, written application has been made requesting conditional use approval for a physical fitness facility in the NB Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated February 15, 2012, made by the Zoning & Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of a physical fitness facility in the NB Neighborhood Business District at 730 A West Chicago Street and legally described as follows: THE WESTERLY 50 FEET OF LOT 12 IN BOSWORTH’S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND THE SOUTHERLY 100 FEET OF THE WESTERLY 146.00 FEET AND THE EASTERLY 158 FEET OF THE SOUTHERLY 270 FEET OF THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: PART OF LOT CXV OF COUNTY CLERK’S SUBDIVISION OF THE CITY OF ELGIN, AND PART OF LOT 3, THENCE EASTERLY ON THE NORTH LINE OF SAID LOT 3 AND THE NORTHERLY LINE OF LOT 3 EXTENDED 125 FEET, THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 3, 50 FEET, THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF LOT 3, 125 FEET TO THE WEST LINE THEREOF, THENCE NORTHERLY ON THE WEST LINE OF SAID LOT 3 TO THE PLACE OF BEGINNING. ALSO PART OF LOT 2 AND 3 IN BLOCK 2 OF S. WILCOX’S ADDITION TO ELGIN AND PART OF LOT CXV OF COUNTY CLERK’S SUBDIVISION OF THE CITY OF ELGIN DESCRIBED AS FOLLOWS: STARTING AT A POINT IN THE WEST LINE OF SAID LOT 3, 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF, THENCE PARALLEL WITH THE NORTH LINE OF SAID LOT 3 AND THE NORTHERLY LINE OF SAID LOT 3 EXTENDED 125 FEET, THENCE APRIL 11, 2012 VOLUME LXXVII 204 SOUTHERLY PARALLEL WITH THE WESTERLY LINES OF SAID LOTS 2 AND 3, 50 FEET. THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF LOT 3, 125 FEET TO THE WESTERLY LINE LOT 2, THENCE NORTHERLY ON THE WESTERLY LINES OF LOTS 2 AND 3, 50 FEET TO THE PLACE OF BEGINNING (EXCEPTING THEREFROM THE FOLLOWING PORTION: THE NORTH 54 FEET OF THE WEST 85 FEET OF LOT 2 AND THE SOUTH 15 FEET OF THE WEST 85 FEET OF LOT 3). ALL IN BLOCK 2 OF WILCOX’S ADDITION TO ELGIN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO THAT PART OF LOTS 1 AND 2 IN BLOCK 11 OF S. WILCOX’S ADDITION TO ELGIN AND PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 2, 34 FEET SOUTH OF THE NORTHWEST CORNER THEREOF, THENCE EAST PARALLEL WITH THE NORTH LINE AND NORTH LINE EXTENDED OF SAID LOT 2, 125 FEET, THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOTS 2 AND 1, 50 FEET, THENCE WEST PARALLEL WITH EXTENSION OF AND THE NORTH LINE OF SAID LOT 2, 125 FEET TO THE WEST LINE OF SAID LOT 1 THENCE NORTH ALONG THE WEST LINE OF SAID LOTS 1 AND 2, 50 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO THE NORTH 34 FEET OF THE WEST 85 FEET OF LOT 2 AND THE SOUTH 14 FEET OF THE WEST 85 FEET OF LOT 3 IN BLOCK 11 OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO BLOCK 1 AND LOT 1 (EXCEPT THE NORTHERLY 18 FEET) IN BLOCK 11 OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 14, THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 10.90 CHAINS, THENCE SOUTH TO THE NORTHERLY LINE OF BRIDGE STREET FOR A POINT OF BEGINNING, THENCE WESTERLY ALONG THE NORTHERLY LINE OF BRIDGE STREET 105 FEET TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF BLOCK 1 OF S. WILCOX ADDITION TO ELGIN, AFORESAID, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK 114 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK, THENCE SOUTHERLY 24 FEET TO THE POINT OF BEGINNING. ALSO, THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 14, THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 10.90 CHAINS, THENCE SOUTH TO THE VOLUME LXXVII APRIL 11, 2012 205 NORTHEAST CORNER OF BLOCK 1 OF S. WILCOX ADDITION TO ELGIN, AFORESAID, FOR A POINT OF BEGINNING, THENCE WEST ALONG THE NORTH LINE OF SAID BLOCK 201 FEET 11 INCHES TO THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 11 OF SAID S. WILCOX ADDITION, THENCE NORTH ALONG THE EAST LINE OF SAID LOT 1, 48 FEET TO A POINT 18 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 1, THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 1 EXTENDED 26 FEET TO A LINE DRAWN PARALLEL WITH 125 FEET EAST OF THE WEST LINE OF LOTS 1, 2 AND 3 (MEASURED ALONG THE NORTH LINE OF SAID LOT 1 EXTENDED) THENCE NORTH ON SAID PARALLEL LINE TO A POINT 2.98 ½ CHAINS NORTH OF THE NORTH LINE OF BLOCK 1, AFORESAID, THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID BLOCK 1 TO THE WEST LINE OF THE TRACT OF LAND CONVEYED TO WM. KIMBALL BY DEED, DATED SEPTEMBER 14, 1846, AND RECORDED JANUARY 18, 1859 IN BOOK 56, PAGE 508, THENCE SOUTH 2.98 ½ CHAINS TO THE POINT OF BEGINNING, EXCEPTING THE NORTH 151.00 FEET OF THE WESTERLY 130.00 FEET OF THE ABOVE PROPERTY, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (Property commonly known as 730 A West Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Mariana Delgado, dated received December 29, 2012. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. The physical fitness facility will be restricted to the tenant space “A” located within Oak Tree Plaza at 730 West Chicago Street. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. The property owner shall either move the existing bike rack or install a new bike rack. Bicycle racks shall be installed in substantial conformance with the Off-Street Bicycle Parking Ordinance No. G37-11. 5. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. APRIL 11, 2012 VOLUME LXXVII 206 s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Passed: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: April 11, 2012 Published: April 13, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Moeller, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Building Commission Minutes for February 21, 2012 Electrical Committee Minutes for May 17, 2011 Elgin Heritage Commission Minutes for February 7, and March 6, 2012 Human Relations Commission Minutes for January 3, 30, and February 7, 2012 Elgin Image Advisory Commission Minutes for February 27, 2012 Planning and Development Commission Minutes for December 5, 2011 and February 20, 2012 Planning and Zoning Commission Minutes for March 5, 2012 Zoning and Subdivision Hearing Board Minutes for January 18, and February 15, 2012 Committee of the Whole Minutes for March 7, 2012 City Council Minutes for March 7, 2012 Hotel/Motel Tax Report Sales Tax Report Telecommunication Tax Report ANNOUNCEMENTS VOLUME LXXVII APRIL 11, 2012 207 Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 9:00 p.m. s/ Kimberly Dewis April 25, 2012 Kimberly Dewis, City Clerk Date Approved