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HomeMy WebLinkAboutj - May 23, 2012 CC281 VOLUME LXXVII MAY 23, 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 May 23, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:10 p.m. The Invocation was given by Luke Preussler from Fox Valley Christian Action and the Pledge of Allegiance was led by Councilmember Robert Gilliam. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MAY 9, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve the May 9, 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Gilliam abstained. RECOGNIZE PERSONS PRESENT Rick Cox and Chief Joe Cluchey from the South Elgin and Countryside Fire Protection District thanked the Council and City staff for their hard work on the intergovernmental agreement to provide fire dispatch services. Marc Shonebourn thanked the City Council for their support of the Boys and Girls Club. Chuck Keysor announced that the Elgin Octave group would hold a workshop on June 5th at the Elgin Township office on McLean Boulevard to discuss what the requirements are to run for local government office. Bill Werst expressed his concerns about the storm water run-off tax and asked for alternatives. Linda Evans, board member for the Boys and Girls Club, thanked the City for their assistance through the grant programs. MAY 23, 2012 VOLUME LXXVII 282 PETITION 17-12 APPROVED REQUESTING FINAL PLAT APPROVAL OF WING PARK MANOR ADDITION RESUBDIVISION NUMBER1; PROPERTY LOCATED AT 551-587 NORTH MCLEAN BOULEVARD, BY ELGIN IMPROVEMENTS, LLC, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the project and stated staff recommended approval subject to the conditions outlined in the memo. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petition 17-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-95 ADOPTED APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS There was a discussion regarding the process and guidelines used by the Cultural Arts Commission to determine how the grants were to be awarded. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 12-95 RESOLUTION APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS WHEREAS, the Cultural Arts Commission Grant Program has been established to provide financial assistance for arts programming; and WHEREAS, in 2012 applications have been made for four additional projects under the Cultural Arts Commission Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance be provided under the Cultural Arts Commission Grant Program to the following organizations: Organization Event Amount Elgin Symphony Orchestra Tiempo Libre Concert $ 7,000 Children’s Theater of Elgin Simply the Best Concert $ 7,000 Elgin Opera Opera Vocal Competition $ 7,000 VOLUME LXXVII MAY 23, 2012 283 Hamilton Wings (SCORE) Theatrical production $ 7,000 Total $28,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 23, 2012 Adopted: May 23, 2012 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-96 ADOPTED APPROVING RIVERBOAT FUND GRANT RECIPIENTS Councilmember Moeller made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 12-96 RESOLUTION APPROVING RIVERBOAT FUND GRANT RECIPIENTS WHEREAS, the Riverboat Fund Grant Program has been established to provide financial assistance and support regarding operating costs for local not-for-profit organizations; and WHEREAS, in 2012 applications have been made for twenty-one projects under the Riverboat Fund Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council; and WHEREAS, funds from the Riverboat Fund Grant Program have also been reserved for the Ride-in-Kane program. MAY 23, 2012 VOLUME LXXVII 284 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, grant assistance and funds be provided under the Riverboat Fund Grant Program to the following organizations: Organization Amount Boys & Girls Club of Elgin $115,000 Centro de Informacion 3,815 Easter Seals DFVR 3,815 Ecker Center for Mental Health 3,815 Elgin Soup Kettle-Church of the Redeemer 3,155 Feeding Greater Elgin 3,815 Literacy Connection 3,815 NHS of the Fox Valley 35,000 Open Door Clinic 3,815 Salvation Army 3,815 Society of St. Vincent De Paul 3,815 VNA Health Center 3,815 Youth Leadership Academy 3,810 Ride- in-Kane 58,700 TOTAL $250,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 23, 2012 Adopted: May 23, 2012 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII MAY 23, 2012 285 ORDINANCE G34-12 PASSED 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, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G34-12 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 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 by amending subparagraph D thereof to read as follows: "D. Classes B-1, B-2, B-3, and B-4: 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 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). MAY 23, 2012 VOLUME LXXVII 286 3. Class B-3: 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. 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). 4. Class B-4: 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. A B-4 license shall also be subject to the limitation that the area(s) used for the displays for the sales of beer and wine shall in total be less than ten percent (10%) of the building floor area of the premises. The license fee per year is six hundred sixty dollars ($660.00)." Section 2. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number To Be Issued" be and is hereby further amended to read as follows: "A. The number of class A licenses shall not exceed eleven (11) in number. B. The number of class A-1 licenses shall not exceed one (1) in number. C. The number of class B licenses shall not exceed twenty-three (23) in number. D. The number of class B-1 licenses shall not exceed ten (10) in number. E. The number of class B-2 licenses shall not exceed two (2) in number. F. The number of class B-3 licenses shall not exceed four (4) in number. G. The number of class B-4 licenses shall not exceed one (1) in number. H. The number of class C-1 licenses shall not exceed one (1) in number. VOLUME LXXVII MAY 23, 2012 287 I. The number of class E-2 licenses shall not exceed three (3) in number. J. The number of class E-3 licenses shall not exceed three (3) in number. K. The number of class F licenses shall not exceed eleven (11) in number. L. The number of class F-1 licenses shall not exceed two (2) in number. M. The number of class M licenses shall not exceed six (6) in number. N. The number of class R licenses shall not exceed one (1) in number. O. The number of class R-1 licenses shall not exceed one (1) in number. P. The number of class S licenses shall not exceed one (1) in number. Q. The number of class U licenses shall not exceed two (2) in number. R. The number of class V licenses shall not exceed one (1) in number. S. The number of class W licenses shall not exceed one (1) in number. T. The number of class X licenses shall not exceed two (2) in number." Section 3. Section 6.06.060 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Filing; Processing Fee" be and is hereby further amended to read as follows: "Applications shall be directed to and filed with the local liquor control commission. In addition to all other fees imposed the applicant shall also pay a nonrefundable three hundred dollars ($300.00) at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. There shall be no filing fee imposed for any application seeking the issuance of a class G or K license when the city is the applicant. There shall be no filing fee imposed for any application seeking the issuance of a class H, I or K-1 license, nor for any application seeking the issuance of an exterior sales permit, a young adult night permit, an outside event permit or an off site special event permit. Prior to issuance of a new class B license, the applicant shall deposit the sum of ten thousand dollars ($10,000.00) with the city clerk to be placed in the general fund of the city. Prior to issuance of a new class B -1, B-2, B-3 or B-4 license, the applicant shall deposit the sum of five thousand dollars ($5,000.00) with the city clerk to be placed in the general fund of the city. It shall further be the duty of any licensee under this chapter MAY 23, 2012 VOLUME LXXVII 288 before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the uniform commercial code of Illinois or such other applicable statutes governing bulk sales within the state so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business. Any bond or policy of liability insurance submitted to the local liquor control commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the local liquor control commission that the bond or policy of liability insurance shall be in full force and effect throughout the license period as a condition of doing business pursuant to such license." 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: May 23, 2012 Passed: May 23, 2012 Vote: Yeas: 7 Nays: 0 Recorded: May 23, 2012 Published: May 25, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt Resolution Nos.12-92 through 12-94 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII MAY 23, 2012 289 RESOLUTION 12-92 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED INVESTIGATION Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-92 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED INVESTIGATION 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 is hereby authorized and directed to execute a grant agreement with the Fox River Study Group for continued support of the Fox River Watershed Investigation, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 23, 2012 Adopted: May 23, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-93 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (CHICAGO STREET REHABILITATION PROJECT-PHASE I ENGINEERING STUDY) Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. MAY 23, 2012 VOLUME LXXVII 290 Resolution No. 12-93 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (Chicago Street Rehabilitation Project-Phase I Engineering Study) 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 Engineering Enterprises, Inc. on behalf of the City of Elgin for Phase I Engineering Study in connection with the Chicago Street Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 23, 2012 Adopted: May 23, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-94 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-94 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Frank Harshman be and is hereby reappointed as a member of the Building Commission – Plumbing Committee for a term that expires on May 1, 2015. VOLUME LXXVII MAY 23, 2012 291 BE IT FURTHER RESOLVED that Lynn Polhemus and Joann Foley be and are hereby reappointed as members of the Elgin Emergency Telephone System Board for terms that expire on May 1, 2015. BE IT FURTHER RESOLVED that Daryl Allen be and is hereby reappointed as a member of the Board of Examiners of Stationary Engineers for a term that expires on May 1, 2015. BE IT FURTHER RESOLVED that Dusty Legions be and is hereby reappointed as a member of the Board of Examiners of Stationary Engineers for a term that expires on May 1, 2014. BE IT FURTHER RESOLVED that Joni Courtney be and is hereby reappointed as a member of the Board of Health for a term that expires on May 1, 2015. BE IT FURTHER RESOLVED that Janice Hare and Joseph Wars be and are hereby reappointed as members of the Human Relations Commission for terms that expire on May 1, 2015. BE IT FURTHER RESOLVED that Bruce Corn and Patrick Hines be and are hereby reappointed as members of the Property Maintenance Appeals Board for terms that expire on May 1, 2017. BE IT FURTHER RESOLVED that Joe Bero be and is hereby appointed as a member of the Building Commission – Plumbing Committee for a term that expires on May 1, 2014. BE IT FURTHER RESOLVED that Councilwoman Anna Moeller and Marc Mylott be and are hereby appointed as members of the Chicago Street Area Plan Project Steering Committee. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 23, 2012 Adopted: May 23, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 23, 2012 VOLUME LXXVII 292 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Heritage Commission Design Review Subcommittee Minutes for December 13, 2011 Heritage Commission Design Review Subcommittee February 14, March 13 & April 10, 2012 Liquor Commission Minutes for April 11, 2012 Planning and Zoning Commission Minutes for April 2, 2012 Retiree Health Insurance Trust Fund Minutes for February 6, 2012 Committee of the Whole Minutes for April 25, 2012 Committee of the Whole Minutes (Special) for April 25, 2012 City Council Minutes for April 25, 2012 Telecommunications Tax Report Sales Tax Report Local Sales Tax Report State Income Tax Report State Use Tax Report Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Powell, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) of the Open Meetings Act 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 VOLUME LXXVII MAY 23, 2012 293 Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Setting of a price for sale or lease of property owned by the public body - exempt under section 120/2(c)(6) 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 7:35 p.m. s/ Kimberly Dewis June 13, 2012 Kimberly Dewis, City Clerk Date Approved