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HomeMy WebLinkAboutl - June 27, 2012 CC311 VOLUME LXXVII JUNE 27, 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 June 27, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:25 p.m. The Invocation was given by Reverend Freddy Rogers from the 2nd Baptist Church and the Pledge of Allegiance was led by Representative Keith Farnham. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JUNE 13, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve the June 13, 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 voted present. COMMUNICATIONS 14th Annual Citizenship Recognition Program Elgin Community College President David Sam acted as emcee and Richard Reed, an Elgin Community College citizenship instructor, reviewed the process of becoming a citizen. Mr. Isaac Santos and Mr. Gazmend Alitovski each spoke about their experiences in the United States and becoming citizens. Members of the Elgin Choral Union sang two selections. Each new citizen was recognized by name by Dr. Sam and they were congratulated by the Mayor, members of Council, as well as representatives from Keith Farnham and Michael Noland’s offices. RECOGNIZE PERSONS PRESENT James McGrath expressed his support for video gaming in Elgin. Kevin Gelatka noted his support for video gaming and the impact it has on local businesses. JUNE 27, 2012 VOLUME LXXVII 312 Earl Silbar asked the council to participate in the Move to Amend campaign which is against a ruling from the Supreme Court regarding funding of candidates. Mary Shesgreen asked the council to participate in the Move to Amend campaign which is against a ruling from the Supreme Court regarding funding of candidates. Kaye Gamble asked the council to participate in the Move to Amend campaign which is against a ruling from the Supreme Court regarding funding of candidates. Lisa Gilbreth asked the council to participate in the Move to Amend campaign which is against a ruling from the Supreme Court regarding funding of candidates. Joni Lindgren asked the council to participate in the Move to Amend campaign which is against a ruling from the Supreme Court regarding funding of candidates. Edward Herdrich asked the council to participate in the Move to Amend campaign which is against a ruling from the Supreme Court regarding funding of candidates. Mike Curtain expressed his concerns about the pawn shop and stated he was not in favor of it. Jill Hoppe stated she was in favor of video gaming in the city and felt it would have a positive effect on the businesses in the city. Chris Watson spoke in favor of the proposed pawn shop. Sue Webb said she was not in favor of the pawn shop and stated her concerns about crime related to pawn shops. Crysta Anderson stated she was not in favor of the pawn shop proposal. Jerry Cain thanked the City for presenting him with the key to the city. He also thanked the staff at Judson College. Thomas Conroy invited the community to Unity Fest being held at Drake Field on July 7th. BID 12-035 AWARDED TO DRIESSEN CONSTRUCTION FOR MASONRY WORK AT THE EAST SIDE RECREATION CENTER Randy Reopelle, Parks and Recreation Director and Rich Hoke, Building Maintenance Superintendent provided a presentation on the work to be completed and the programs that are held at the East Side Recreation Center. A copy of the presentation is available in the City Clerk’s office. VOLUME LXXVII JUNE 27, 2012 313 There was discussion regarding the budget for the project and what the total expenditure would be. Also, briefly discussed was the potential for other repairs to the facility in the short term. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve an agreement with Driessen Construction in the amount of $317,900 to provide masonry repairs to the East Side Recreation Center in relation to the Park and Recreation Facility Construction grant. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACTING AWARDING TO F. H. PASCHEN FOR WORK RELATED TO THE CLASS ROOM AND RETAINING WALL AT EAST SIDE RECREATION CENTER ($165,424) Councilmember Gilliam made a motion, seconded by Councilmember Powell, to approve a contract with F. H. Paschen in the amount of $165,424 for work related to the class room area and the retaining wall at the East Side Recreation Center. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 33-11 APPROVED REQUESTING A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A PAWN SHOP; PROPERTY LOCATED AT 1460 MAIN LANE, BY EZPAWN ILLINOIS, INC., AS APPLICANT AND KIMCO REALTY CORPORATION, AS OWNER Councilmember Steffen made a motion, seconded by Councilmember Powell, to remove Petition 33-11 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Marc Mylott, Community Development Director, provided an overview of the project noting there was a recommendation of approval subject to the conditions outlined. Mayor Kaptain noted that the subject to be voted on was strictly a zoning matter to determine the area was properly zoned for this type of business. There was discussion regarding the number of police calls and recover y of stolen goods at the current pawn shop and in other venues such as online auction. Also discussed was the type of image the pawn shop would bring to the city. Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve Petition 33-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne, Gilliam, and Prigge. JUNE 27, 2012 VOLUME LXXVII 314 PETITION 18-12 APPROVED REQUESTING A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT, TO PERMIT ACCESSORY PACKAGE LIQUOR SALES; PROPERTY LOCATED AT 300 SOUTH RANDALL ROAD, BY TARGET CORPORATION, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the project noting there was a recommendation of approval subject to the conditions outlined. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve Petition 18-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 23-12 APPROVED REQUESTING AN AMENDMENT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G30-08, TO AMEND SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER, PROPERTY LOCATED AT 2300 THROUGH 2450 NORTH RANDALL ROAD, BY THE GROVE PROPERTY OWNERS ASSOCIATION INC. AS APPLICANTS AND OWNERS Councilmember Steffen made a motion, seconded by Councilmember Powell, to remove Petition 23-12 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Marc Mylott, Community Development Director, provided the details of the changes to the proposal including confirming the rate of change for the LED signage and the redesign of the monument sign. The Council discussed the lighting of the sign, the placement of the Grove insignia portion of the sign and the placement of the gas station pricing information. Councilmember Powell made a motion, seconded by Councilmember Gilliam, to approve Petition 23-12 subject to conditions and to include the additional two and a half (2 1/2) feet to the sign to include The Grove insignia cap. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: Councilmember Moeller. CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to pass Ordinance Nos. G36-12 through G38-12 and adopt Resolution Nos. 12-107 through 12-116 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII JUNE 27, 2012 315 RESOLUTION 12-107 ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH BOYS AND GIRLS CLUB OF ELGIN (355 ANN STREET) Councilmember Gilliam 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. 12-107 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH BOYS AND GIRLS CLUB OF ELGIN (355 Ann Street) 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 License Agreement on behalf of the City of Elgin with Boys and Girls Club of Elgin for use of land as a community garden, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-108 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT COMPANY FOR FIRE PROTECTIVE TURNOUT CLOTHING Councilmember Gilliam 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. JUNE 27, 2012 VOLUME LXXVII 316 Resolution No. 12-108 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT COMPANY FOR FIRE PROTECTIVE TURNOUT CLOTHING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Equipment Management Company for fire protective turnout clothing, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-109 ADOPTED ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Councilmember Gilliam 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. 12-109 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, 820 ILCS 130/0.01 et seq. entitled "AN ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any publi c works as defined herein, shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and VOLUME LXXVII JUNE 27, 2012 317 WHEREAS, said Act further provides that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has determined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and made a part hereof by reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Department of Labor shall be paid to all laborers, workers and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by the Department of Labor shall be publicly posted and kept available for inspection by any interested party. BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly rate of wages in the locality for employment other than public works construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a certified copy of this resolution with the Secretary of State Index Division and the Department of Labor of the State of Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JUNE 27, 2012 VOLUME LXXVII 318 RESOLUTION 12-110 ADOPTED AUTHORIZING PURCHASE OF VEHICLE DOCKING STATIONS AND EXTERNAL ANTENNAS FROM CDS OFFICE TECHNOLOGIES FOR BUILDING AND CODE INSPECTOR VEHICLES Councilmember Gilliam 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. 12-110 RESOLUTION AUTHORIZING PURCHASE OF VEHICLE DOCKING STATIONS AND EXTERNAL ANTENNAS FROM CDS OFFICE TECHNOLOGIES FOR BUILDING AND CODE INSPECTOR VEHICLES 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 thirteen vehicle docking stations (Toughbook 53) and thirteen external antennas from CDS Office Technologies for building and code inspector vehicles for a total amount of $11,700 pursuant to the quotation therefor dated May 14, 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: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-111 ADOPTED AUTHORIZING PURCHASE OF PRINTERS FROM CDW GOVERNMENT FOR BUILDING AND CODE INSPECTOR VEHICLES Councilmember Gilliam 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. VOLUME LXXVII JUNE 27, 2012 319 Resolution No. 12-111 RESOLUTION AUTHORIZING PURCHASE OF PRINTERS FROM CDW GOVERNMENT FOR BUILDING AND CODE INSPECTOR VEHICLES 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 ten Zebra printers from CDW Government for building and code inspector vehicles for a total amount of $8,729.10 pursuant to the sales quotation therefor dated May 14, 2012, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-112 ADOPTED AUTHORIZING PURCHASE OF MOBILE COMPUTER MOUNTING HARDWARE AND INSTALLATION SERVICES FROM ULTRA STROBE COMMUNICATIONS, INC. FOR BUILDING AND CODE INSPECTOR VEHICLES Councilmember Gilliam 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. 12-112 RESOLUTION AUTHORIZING PURCHASE OF MOBILE COMPUTER MOUNTING HARDWARE AND INSTALLATION SERVICES FROM ULTRA STROBE COMMUNICATIONS, INC. FOR BUILDING AND CODE INSPECTOR VEHICLES 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 mobile computer mounting hardware and installation services from Ultra Strobe Communications, Inc. JUNE 27, 2012 VOLUME LXXVII 320 for building and code inspector vehicles for a total amount of $9,317.70 pursuant to the estimate therefor dated May 11, 2012, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-113 ADOPTED SUPPORTING THE KANE COUNTY FIT FOR KIDS 2020 PLAN Councilmember Gilliam 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. 12-113 RESOLUTION SUPPORTING THE KANE COUNTY FIT FOR KIDS 2020 PLAN WHEREAS, the City of Elgin has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, community leaders in Kane County have set the vision that they would like the residents of Kane County to be the healthiest in the State of Illinois by the year 2030; and WHEREAS, chronic diseases are the leading cause of premature illness and death among Kane County residents; and WHEREAS, obesity and overweight are contributing factors to many preventable chronic diseases; and VOLUME LXXVII JUNE 27, 2012 321 WHEREAS, obesity and overweight are primarily a consequences of poor nutrition and physical activity that affects children in Kane County at alarming rates; and WHEREAS, significant change in policy and the environment must occur to reverse the epidemic of obesity that is currently impacting Kane County’s children; and WHEREAS, community stakeholders came together as part of the Making Kane County Fit for Kids campaign to develop a set of strategies specific to nine sectors within the community; and WHEREAS, this plan, Fit Kids 2020, outlines over 50 strategies that provide a strategic framework that will guide our actions so that we will reverse the childhood obesity epidemic by 2020 by: a) Developing land use, planning and other public policies that foster and support physical activity for all in our community; b) Providing parents and children with reliable, up-to-date information in multiple settings regarding healthy physical activity and eating habits; c) Supporting a culture of wellness and healthy promotion in our workplaces, schools and other institutions; and d) Assuring that fresh fruits and vegetables are affordable and accessible to all families in our community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby recognizes that poor nutrition and physical inactivity are threats to the health and well-being of children, adults and families. As a result the City of Elgin supports the Fit Kids 2020 Plan as a framework for reducing childhood obesity over the next ten years. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JUNE 27, 2012 VOLUME LXXVII 322 RESOLUTION 12-114 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS Councilmember Gilliam 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. 12-114 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS 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 School District U-46 providing for school resource officers for the 2012 -2013 school year, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-115 ADOPTED ACCEPTING THE PROPOSAL OF PUBLIC ENTITY PROPERTY INSURANCE PROGRAM FOR THE CITY OF ELGIN'S PROPERTY, INLAND MARINE AND CYBER LIABILITY INSURANCE Councilmember Gilliam 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. VOLUME LXXVII JUNE 27, 2012 323 Resolution No. 12-115 RESOLUTION ACCEPTING THE PROPOSAL OF PUBLIC ENTITY PROPERTY INSURANCE PROGRAM FOR THE CITY OF ELGIN’S PROPERTY, INLAND MARINE AND CYBER LIABILITY INSURANCE 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 the City of Elgin hereby accepts Public Entity Property Insurance Program's renewal proposal for the City of Elgin’s property, inland marine and cyber liability insurance commencing July 1, 2012 through June 30, 2013, for an annual premium of $210,197. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City M anager, be and is hereby authorized and directed to execute all documents necessary and incident to such proposal of Public Entity Property Insurance Program for the City of Elgin’s property, inland marine and cyber liability insurance program. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-116 ADOPTED RATIFYING THE EXECUTION OF REAL ESTATE SALE CONTRACT AND ACCEPTING DONATION OF REAL ESTATE (SOUTH STREET EXTENSION PROJECT-VACANT LAND WEST OF RANDALL ROAD- PARCEL 6) Councilmember Gilliam 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. JUNE 27, 2012 VOLUME LXXVII 324 Resolution No. 12-116 RESOLUTION RATIFYING THE EXECUTION OF REAL ESTATE SALE CONTRACT AND ACCEPTING DONATION OF REAL ESTATE (South Street Extension Project–Vacant Land West of Randall Road-Parcel 6) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a real estate sale contract by Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, regarding the donation to and acceptance by the City of Elgin of certain vacant land located west of Randall R oad for the City’s South Street extension project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G36-12 PASSED AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "COMMISSION ON HUMAN RELATIONS" Councilmember Gilliam made a motion, seconded by Councilmember Moeller, 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. G36-12 AN ORDINANCE AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "COMMISSION ON HUMAN RELATIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.12.020 of the Elgin Municipal Code, 1976, as amended, entitled "Declaration of Policy" be and is hereby further amended by amending Section 3.12.020 to read as follows: VOLUME LXXVII JUNE 27, 2012 325 "3.12.020: DECLARATION OF POLICY: A. The city council, in support of constitutional provisions against prejudice and the practice of discrimination against any individual or group because of his or her race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service desires to establish a commission on human relations. To eliminate such prejudice and discrimination, an instrumentality should be established through which the citizens of Elgin may be kept informed of developments in human relations, the citizens and public officials of the city may obtain expert advice and assistance in progressive practices to keep peace and good order, and private persons and groups may be officially encouraged to promote tolerance, goodwill, interfaith and interracial harmony between all people. B. It is declared to be the public policy of the city to assure full and equal opportunity to all residents of the city to obtain fair and adequate housing for themselves and their families in the city without discrimination against them because of their race, color, religion, national origin, ancestry, age, sex, marital status, familial status, order of protection status, disability, military status, sexual orientation, or unfavorable discharge from military service, and to secure to its residents the economic, social, and professional benefits of living in an integrated society." Section 2. That Section 3.12.030 of the Elgin Municipal Code, 1976, as amended, entitled "Appointment of Members; Composition; Term; Salary:" be and is hereby further amended by amending Section 3.12.030 to read as follows: "3.12.030: APPOINTMENT OF MEMBERS; COMPOSITION; TERM; SALARY: A. The human relations commission shall consist of seven (7) members appointed by the city council. Commission members shall be as broadly representative of the community as practically feasible, in such areas as race, color, religion, sex, national origin, age, ancestry, familial status, marital status, physical or mental disability, sexual orientation, military status, unfavorable discharge from military service, education, welfare, labor, and management. There shall be two (2) ex officio nonvoting members of the Human Relations Commission who shall be the City Manager and the Chief of Police of the city. B. Each member as appointed shall serve for a term of three (3) years; except that the terms of initial appointees under this section shall be staggered in such a manner so that the terms of four (4) members shall expire on the JUNE 27, 2012 VOLUME LXXVII 326 first Tuesday of May on each of three (3) successive years. All members of the commission shall continue in such capacity until their successor has been duly appointed and is acting. Any member appointed to fill a vacancy prior to the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. All members of this commission shall serve without compensation." Section 3. That Section 3.12.050 of the Elgin Municipal Code, 1976, as amended, entitled "Powers and Duties" be and is hereby further amended by amending Section 3.12.050D to read as follows: "3.12.050: POWERS AND DUTIES: D. The commission shall receive and investigate complaints of tensions, practices of discrimination, and acts of prejudice against any person or group because of his or her race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service and shall seek to resolve such matters through consultation, advice, and conciliation. The commission may make such recommendations to the mayor, city council and city manager as in its judgment will effectuate the policy of this chapter and, subject to the approval of the city council, may issue such publications and such special reports concerning its work and investigations as it may consider desirable in the public interest." Section 4. That Section 3.12.060 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions" be and is hereby further amended by amending Section 3.12.060 to read as follows: "3.12.060: DEFINITIONS AGE: The chronological age of a person who is at least forty years old, except with regard to any practice insofar as that practice concerns training or apprenticeship programs. In the case of training or apprenticeship programs, "age" means the chronological age of a person who is eighteen but not yet forty years old. AGGRIEVED PERSON: Includes any person who: A. Claims to have been injured by a discriminatory practice; or B. Believes that such person will be injured by a discriminatory practice that is about to occur. VOLUME LXXVII JUNE 27, 2012 327 CHARGE: A written statement of the facts upon which the human relations commission, designee or staff representative to the commission has found reasonable cause to believe that a discriminatory housing or employment practice has occurred or is about to occur. The charge is filed by the human relations commission or staff representative to the commission on behalf of the aggrieved person. COMPLAINANT: The person, including the human relations commission or its designee(s) who files a complaint under the provisions of this chapter. COMPLAINT: A written document filed by a complainant or the human relations commission, which contains a claim or alleges that discrimination in housing or employment has occurred or is about to occur. CONCILIATION: The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the human relations commission or its designee(s). CONCILIATION AGREEMENT: A written agreement setting forth the resolution of the issues in conciliation. COVERED MULTI-FAMILY DWELLING: A. Buildings consisting of four (4) or more units if such buildings have one or more elevators; and B. Ground floor units in other buildings consisting of four (4) or more units. DESIGNEE(S) OF THE HUMAN RELATIONS COMMISSION: Includes the Human Resources Department staff representative designated in subsection 3.12.040B of this Chapter, or one or more Human Relations Commissioners appointed by the Human Relations Commission to perform a specified duty on behalf of the Commission, or a hearing officer. DISABILITY: A determinable physical or mental characteristic of a person, including, but not limited to, a determinable physical characterist ic which necessitates the person's use of a guide, hearing or support dog, a history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic: JUNE 27, 2012 VOLUME LXXVII 328 (1) For purposes of this Chapter is unrelated to the person's ability to perform the duties of a particular job or position and, a person's illegal use of drugs or alcohol is not a disability pursuant to Section 2-104 of the Illinois Human Rights Act, as amended; (2) Is unrelated to a person's ability to acquire, rent or maintain a housing accommodation; (3) Is unrelated to a person's ability to repay; (4) Is unrelated to a person's ability to utilize and benefit from a place of public accommodation; and (5) Any mental, psychological, or developmental disability, including autism spectrum disorders. DISCRIMINATE: To make a difference in treatment or favor any person because of his or her race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service DWELLING: Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. EMPLOYER: Includes and means any person employing five (5) or more persons within the City during twenty (20) or more calendar weeks within any calendar year; except that the term "employer" does not include any not-for-profit corporation or association organized for fraternal or religious purposes, nor any school, educational or charitable institution owned and conducted by or affiliated with church or religious institution, nor any exclusively social club, corporation or association that is not organized for profit. "Employer" also does not include an individual who employs persons in "agricultural labor" as that term is defined in 820 Illinois Compiled Statutes 214, 1996, as now or hereafter amended. The term "employer" expressly includes the City of Elgin and any unit or agency thereof. EMPLOYMENT AGENCY: Includes both public and private employment agencies and any person, and any labor organization or labor union having a hiring hall or hiring office regularly undertaking with or without compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees. FAMILIAL STATUS: One or more individuals who have not attained the age of eighteen (18) years being domiciled with: VOLUME LXXVII JUNE 27, 2012 329 A. A parent or another person having legal custody of such individual or individuals; or B. The designee of such parent or other person having such custody, with the written permission of such person or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing custody of any individual who has not attained the age of eighteen (18) years. HEARING: That part of an administrative proceeding that involves the submission of evidence, either by oral presentation or written submission, and includes the submission of briefs and oral arguments on the evidence and applicable law. LABOR ORGANIZATION: Includes any organization, or labor union, craft union, or any other voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purposes, in whole or in part, for collective bargaining or of dealing with empl oyers concerning grievances, terms, or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships. MARITAL STATUS: The legal status of being married, single, separated, divorced or widowed. NATIONAL ORIGIN: The place in which a person or one of his or her ancestors was born. ORDER OF PROTECTION STATUS: A person's status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986, as amended, or an order of protection issued by a court of another state. PERSON: Includes one or more individuals, partnerships, associations or organizations, labor organizations, labor unions, or union labor associations, corporations, legal representatives, mutual companies, joint stock companies, trustees, trustees in bankruptcy or receivership, receivers fiduciaries, trusts and unincorporated organizations. REAL ESTATE: Includes buildings, structures, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein. JUNE 27, 2012 VOLUME LXXVII 330 REAL ESTATE BROKER, AGENT OR SALESMAN: A person, whether licensed or not, who, for or with expectation of receiving a consideration, lists, sells, purchases, exchanges, rents or leases real property, or who negotiates or attempts to negotiate any of those activities or who holds himself out as engaged in these. REAL ESTATE TRANSACTIONS: Includes the sale, exchange, rental or lease of real estate. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance: A. For purchasing, constructing, improving, repairing or maintaining a dwelling; or B. Secured by residential real estate. RELIGION: All aspects of religious observance and practice, as well as belief, except that with respect to employers, "religion" has the meaning ascribed to it in paragraph (F) of Section 2-101 of the Illinois Human Rights Act, as amended. RESPONDENT: A. The person or other entity accused on a complaint filed under this Chapter; and B. Any other person or entity identified in the course of investigation and notified with respect to respondents so identified under this Chapter. SEXUAL ORIENTATION: Actual or perceived heterosexuality, homosexuality, bi-sexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or a sexual attraction to a minor by an adult. STAFF REPRESENTATIVE: The Human Resources Department staff liaison to the Human Relations Commission who is charged with the responsibility of reviewing housing and employment complaints and monitoring contract compliance. TO RENT: Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. UNFAVORABLE MILITARY DISCHARGE: Discharges from the Armed Forces of the United States, their reserve components or any National Guard or naval militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "dishonorable". VOLUME LXXVII JUNE 27, 2012 331 Section 5. That Section 3.12.070 of the Elgin Municipal Code, 1976, as amended, entitled "Unfair Employment Practices" be and is hereby further amended by amending Section 3.12.070 to read as follows: "3.12.070: UNFAIR EMPLOYMENT PRACTICES: It is an unfair employment practice: A. For any employer, because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service of a person, to refuse to hire, to segregate, or otherwise to discriminate against such persons with respect to the hiring, selection, and training for apprenticeship in any trade, or craft, tenure, terms, or conditions of employment; or B. For any employment agency to fail to refuse to classify properly, accept applications and register for employment, refer for apprenticeship, or to otherwise discriminate against any person because of his or her race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service , to accept from any person any job order, requisition or request for referral of applicants for employment or apprenticeship which makes, or has the effect of making race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service a condition of referral except for a bona fide occupational qualification; or C. For any labor organization because of the race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service of an y person to discriminate against such person, or to limit, segregate or classify its membership with respect to such person, or to limit such person's employment opportunities, such person's selection and training for apprenticeship in any trade or craft, or otherwise to take or fail to take any action which affects adversely such person's employment status, or status as an applicant for apprenticeship, or such person's wages, tenure, hours of employment or apprenticeships conditions; or JUNE 27, 2012 VOLUME LXXVII 332 D. For any employer, employment agency, or labor organization to discriminate against any person because he or she, reasonably and in good faith, has made a charge, testified or assisted in any investigation, proceeding or hearing herein; or E. For any employer, employment agency, or labor organization to inquire on a written application whether the job applicant has ever been arrested; however, this subsection shall not be construed to preclude any employer, employment agency, or labor organization from inquiring on a written application whether a job applicant has ever been convicted of any offense other than a "petty offense" as that term is defined in 730 Illinois Compiled Statutes 5/5-1-17, 1996, as now or hereafter amended; or F. For any person to compel or coerce any person to engage in any of the acts declared in this Chapter to be unfair employment practices. Nothing in this Section shall preclude an employer from hiring or selecting between persons for any reason except for the unfair employment practices specifically prohibited herein, or a bona fide occupational qualification. Nor shall anything in this Section preclude any employer from giving or acting upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results, is not designed, intended, or used to discriminate because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service ." Section 6. That Section 3.12.080 of the Elgin Municipal Code, 1976, as amended, entitled "Unfair Housing Practices" be and is hereby further amended by amending Section 3.12.080A to read as follows: "3.12.080: UNFAIR HOUSING PRACTICES: A. It is unlawful to: 1. Make any distinction, discrimination or restriction against or to refuse to negotiate with any person in the price, terms, conditions, or privileges of any kind relating to the sale, rental, lease or occupancy of any real estate in the City or in the furnishing of any facilities or services in connection therewith because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; of the friends or associates of such person(s); VOLUME LXXVII JUNE 27, 2012 333 2. Make, print, publish, circulate, issue or display, or cause to be made, printed, published, circulated, issued or displayed, any communication, notice, advertisement, statement, sign or writing of any kind relating to the sale, rental or leasing of any dwelling within the City, which will indicate or express any limitation, preference, or discrimination in the sale, rental or leasing of such real estate, based on race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service, or an intention to make such limitation, preference, or discrimination; 3. Refuse to sell, lease or rent after making of a bona fide offer, or refuse to negotiate the sale, lease or rental of any dwelling or otherwise make unavailable or deny a dwelling within the City to any person because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; 4. Falsely represent to any person because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available; 5. Discriminate or to participate in discrimination in connection with borrowing or lending money, making or purchasing of loans or the provision of other financial assistance secured by residential real estate, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real estate in the City or otherwise financing a real estate transaction on the grounds of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; 6. Delay the processing or denying a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining any real estate in the City, or to discriminate in the fixing of that amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; JUNE 27, 2012 VOLUME LXXVII 334 7. Solicit for sale or lease or listing for sale or lease, any real estate within the City by representations regarding the present or prospective entry into any neighborhood of a person(s) of a particular race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; 8. Distribute or cause to be distributed written material or statements designed to induce any owner of real estate in the City to sell or lease his property because of any present or prospective change in the race, color, religion, sex, national origin, age, ancestry, order of prote ction status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service of persons in the neighborhood; 9. Deny a person access to, or membership in real estate brokers' organizations, or other services, organizations, or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; 10. Enter into a listing agreement which discriminates against any person because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; 11. Discriminate in appraising the value of real estate in the City or in the sale of insurance in connection with a real estate transaction because of race, color, religion, sex, national origin, age, ancestry, ord er of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; 12. Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this Section; VOLUME LXXVII JUNE 27, 2012 335 13. a. Discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of: (1) That buyer or renter; (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (3) Any person associated with that buyer or renter. b. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection with such dwelling, because of a disability of: (1) That person; (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (3) Any person associated with the buyer or renter. c. For purposes of this subsection, discrimination includes: (1) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so, condition permission for a modification of the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; (3) In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that: JUNE 27, 2012 VOLUME LXXVII 336 (A) The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons; (B) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and (C) All premises within such dwellings contain the following features of adaptive design: (i) An accessible route into and through the dwelling; (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (iii) Reinforcements in bathroom walls to allow later installation of grab bars; (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; and (v) Compliance with the appropriate requirements of the American National Standards for buildings and facilities providing accessibility for disabled people (commonly cited as ANSI A117.1) suffices to satisfy the requirements of this subsection A13c(3)(C). 14. Refuse to sell or rent a dwelling because a person has a guide, hearing, or support dog. It is a civil rights violation for the owner or agent of any housing accommodation to: a. Refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind, hearing-impaired or physically disabled person because he has a guide, hearing, or support dog; or VOLUME LXXVII JUNE 27, 2012 337 b. Discriminate against any blind, hearing-impaired or physically disabled person in the terms, conditions or privileges of sale or rental property or in the provisions of services or facilities in connection therewith, because he has a guide, hearing or support dog; or c. Require, because a blind, hearing-impaired, or physically disabled person has a guide, hearing or support dog, an extra charge in a lease, rental agreement, or contract for purchase or sale, other than for actual damages done to the premises by the dog. 15. Nothing in this Section shall be construed to require the Human Relations Commission to review or approve plans, designs, or construction of all covered multi-family dwellings, to determine whether the design and construction of such dwellings are consistent with requirements of subsection A13c(3) of this Section." Section 7. That Section 3.12.100 of the Elgin Municipal Code, 1976, as amended, entitled "Affirmative Action; City Contracts" be and is hereby further amended by amending Section 3.12.100B to read as follows: "3.12.100: AFFIRMATIVE ACTION; CITY CONTRACTS: B. All such contracts by and between the City and contractors and vendors for the purchase of the City of goods and/or services shall contain the following clauses: The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The contractor/vendor will take affirmative action to comply with the provisions of this ordinance and will require any subcontractor to submit to the City of Elgin a written commitment to comply with those provisions. The contractor/vendor will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective subcontractors. The contractor/vendor agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim." JUNE 27, 2012 VOLUME LXXVII 338 Section 8. That all ordinance or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. 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: June 27, 2012 Passed: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 27, 2012 Published: June 29, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G37-12 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF A CHILD DAY CARE FACILITY IN THE AB AREA BUSINESS DISTRICT (545 HIAWATHA DRIVE) Councilmember Gilliam made a motion, seconded by Councilmember Moeller, 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. G37-12 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF A CHILD DAY CARE FACILITY IN THE AB AREA BUSINESS DISTRICT (545 Hiawatha Drive) WHEREAS, written application has been made granting a conditional use to permit the establishment of a child day care facility in the AB Area Business District at 545 Hiawatha Drive; and WHEREAS, the Planning & 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 in the findings and recommendation of the Zoning and Subdivision Hearing Board. VOLUME LXXVII JUNE 27, 2012 339 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 May 7, 2012, made by the Planning & Zoning Commission, 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 child day care faci lity in the AB Area Business District at 545 Hiawatha Drive and legally described as follows: That part of the South West ¼ of Section7, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the North line of Route 58 as dedicated by Document Number 11045854 and the East line of property conveyed in the deed recorded June 28, 1950 as Document number 14837621 in Cook County, Illinois; thence North 1 degree 14 minutes East along the East line thereof 400.07 feet; thence North 89 degrees 15 minute 30 seconds West, a distance of 284.50 feet for the point of beginning; thence continuing North 89 degrees 15 minutes 30 seconds West, a distance of 140.0 feet to a line 101.0 feet East of and parallel with the West line of property conveyed in deed recorded as Document Number 14837621 aforesaid; thence South 0 degrees 37 minutes West along said parallel line a distance of 100.0 feet; thence North 89 degrees 15 minutes 30 seconds West, a distance of 68.0 feet to a point on a line that is 33.0 feet. Easterly of (measured at right angles thereto) and parallel with the West line of property conveyed in deed recorded as Document Number 14837621 aforesaid; thence North 0 degrees 37 minutes East, along said parallel line, a distance of 210.0 feet; thence South 89 degrees 15 minutes 30 seconds East, a distance of 208.0 feet; thence South 0 degrees 37 minutes West, a distance of 110.0 feet to point of beginning, situated in Elgin, Cook County, Illinois. (Property Commonly Known as 545 Hiawatha Drive). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance and Attachments, submitted by The Ivy Academy, dated received March 28, 2012 and revised April 18, 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. Substantial conformance to the Consent & Disclosure, submitted by The Ivy Academy, dated received March 28, 2012. 3. Substantial conformance to the Alta Survey prepared by MM Surveying Co, Inc., dated July 20, 2006, and dated received March 28, 2012. JUNE 27, 2012 VOLUME LXXVII 340 4. Substantial conformance to the interior site plan, front elevation, site plan, interior lighting plan prepared by The Ivy Academy dated received March 28, 2012. 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. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Passed: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 27, 2012 Published: June 29, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G38-12 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" Councilmember Gilliam made a motion, seconded by Councilmember Moeller, 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. G38-12 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” WHEREAS, written application has been made to amend the Elgin Zoning Ordinance regarding the manner in which temporary uses and temporary street graphics are regulated; and, WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and, VOLUME LXXVII JUNE 27, 2012 341 WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the city council with a recommendation for approval and finding that the proposed amendments: a) Will enhance the effectiveness of the zoning ordinance; b) Will provide businesses and other entities additional flexibility when deploying temporary signage; c) Will not negatively affect city efforts to promote a positive image, which includes reducing sign clutter; and d) Will increase the ease and effectiveness of enforcing regulations regarding temporary signs; and WHEREAS, the Community Development Department recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended, entitled “Special Street Graphics” be and is hereby further amended by amending subparagraph H thereof entitled "Temporary Graphic" to read as follows: "H. Temporary Graphic: Only those “principal uses” [SR] with a valid Certificate of Occupancy (which includes Certificates of Re-Occupancy and Temporary Certificates of Occupancy) or those uses established as a temporary use in accordance with Section 19.90.015, “Use, Temporary” may display a temporary graphic in compliance with the provisions of this section and the other provisions of this chapter. 1. Maximum Size: No temporary graphic shall exceed thirty two (32) square feet in surface area or ten (10) linear feet in height. The number and surface area of temporary graphics shall not limit the number or surface area of other allowable street graphics on a “zoning lot” [SR]. 2. Type: Temporary graphics shall be constructed of weather-proof materials either erected as a ground graphic or attached to a “building” [SR] or “fence or wall” [SR] in the manner of a wall graphic. No temporary graphic shall include pennants or portable graphics. JUNE 27, 2012 VOLUME LXXVII 342 3. Allowable Zoning Districts: Temporary graphics shall be allowed only in those zoning districts listed within Sections 19.07.300 D. Community Facility Districts, E. Business Districts, and F. Industrial Districts . 4. Maximum Number: a. No more than one (1) temporary graphic shall be allowed upon a “zoning lot” [SR] at any time. b. On a “zoning lot” [SR] containing three (3) or fewer “principal uses” [SR] which have received a Certificate of Occupancy, the total number of temporary graphics displayed during a calendar year, including those for “temporary uses” [SR], shall not exceed six (6). c. On a “zoning lot” [SR] containing four (4) or more “principal uses” [SR] which have received a Certificate of Occupancy, the total number of temporary graphics displayed during a calendar year , including those for “temporary uses” [SR], shall not exceed twelve (12). d. On a “zoning lot” [SR] containing more than one (1) “principal use” [SR] which has received a Certificate of Occupancy, no one (1) “principal use” [SR] shall display more than four (4) temporary graphics during a calendar year. 5. Duration of Display for Uses with a Certificate of Occupancy: A “principal use” [SR] which has received a Certificate of occupancy may display a temporary graphic for not more than fifteen (15) consecutive days. 6. Duration of Display for Uses Established as a Temporary Use: A “temporary use” [SR] established in accordance with Section 19.90.015, “Use, Temporary” may display a temporary graphic seven (7) days in advance of, and on every day during the operation of, the “temporary use” [SR]. For an “intermittent temporary use” [SR] on a “zoning lot” [SR] containing no other permanent street graphics, the temporary graphic may also be displayed on all days during the approved fixed period of time, even though the “intermittent temporary use” may not actually be operating or otherwise open or available to the general public. VOLUME LXXVII JUNE 27, 2012 343 7. Location: A temporary graphic shall only be located upon the zoning lot on which the “principal use” [SR] or temporary use is established. 8. Permit and Sticker Requirements: a. A permit for a temporary graphic shall state the start and end display dates for the graphic, and the permit may be valid for more than one (1) such display period. Once issued, that permit may only be amended in the same manner as the issuance of a new permit, including the payment of a new permit fee. b. All temporary graphics shall conspicuously display an approval sticker issued by the City which includes the permit number and authorized display dates. Section 2. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions and Regulations” be and is hereby further amended by amending the definition of "Use, Temporary" and by adding a definition for "Use, Intermittent Temporary" to read as follows: "USE, TEMPORARY: A "land use" [SR] which is established for a fixed period of time with the intent to discontinue such use on the expiration of the time period. A temporary use shall be subject to the following supplementary regulations: A. Land Uses Allowed: A temporary use shall be limited to those permitted uses and accessory uses allowed in the zoning district in which the temporary use is to be located, unless specifically authorized otherwise. B. Number And Duration: No more than four (4) temporary uses shall be conducted on the same “zoning lot” [SR] within a calendar year. No single temporary use shall be established or operate for more than thirty (30) days, and the total number of days for all temporary uses established or operating on the same “zoning lot” [SR] within a calendar year shall not exceed sixty (60) days. More than one (1) temporary use may be established or operate on the same zoning lot at the same time; however, for each temporary use, one (1) day of establishment or operation of each temporary use is counted against the maximum number of sixty (60) days allowed. Except as provided for an “intermittent temporary use” [SR], the days a temporary use operates or is otherwise open or available to the general public shall be consecutive, and each such JUNE 27, 2012 VOLUME LXXVII 344 time period shall constitute one (1) of the four (4) allowable temporary uses within a calendar year. C. Setbacks: A temporary use shall maintain a minimum fifteen foot (15') setback from all "street lot lines" [SR] and a minimum ten foot (10') setback from all "interior lot lines" [SR]. Temporary uses shall maintain a minimum one hundred foot (100') setback from all interior lot lines which adjoin any residence conservation district or residence district, where such temporary use is not located within such zoning districts. D. Operation: Temporary uses may be operated outdoors. No temporary use shall be operated in such a manner as to cause a public nuisance including, but not limited to, stormwater runoff onto adjoining property, soil erosion, unsafe vehicular access or on site vehicular circulation, or any other activity that jeopardizes the public health, safety or welfare. E. Permit Required: A temporary use shall not be established or operate before receiving a Temporary Use Permit. Such permit shall state the absolute start and end dates of the temporary use and the days of operation between said dates. F. Other Codes And Ordinances: A temporary use shall comply with all other codes and ordinances, except the provisions for the required number of parking spaces. “Intermittent temporary uses” [SR] are further and distinctly defined within this section 19.09.015 and subject to the supplemental regulations associated therewith. USE, INTERMITTENT TEMPORARY: A "temporary use" [SR] at which at least five (5) separate and distinct businesses provide goods and services directly to the public no more than two (2) times per week and on no more than thirty (30) regularly scheduled and predetermined days over a fixed period of time not to exceed six (6) months. An intermittent temporary use does not include a “residential garage sale” [SR], “outdoor display area” [SR], “outdoor display lot” [SR], “outdoor eating and drinking facility” [SR], “commercial operations yard” [SR], “junk yard” [SR], or “motor vehicle wrecking yard” [SR]. An intermittent temporary use is subject to the “temporary use” [SR] supplementary regulations, except: A. When operated outdoors, such use shall be located upon a “zoning lot” [SR] greater than or equal to two (2) acres; VOLUME LXXVII JUNE 27, 2012 345 B. The entire approved fixed period of time during which the intermittent temporary use is established or operates constitutes one single “temporary use” [SR] as envisioned and limited by the supplementary regulations for “temporary use” [SR]; and C. No more than one (1) intermittent temporary use is allowed per "zoning lot" [SR] within a calendar year." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Passed: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 27, 2012 Published: June 29, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 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. Cultural Arts Commission April 9, 2012 Cultural Arts Commission – Next Wave Committee January 26, February 21, and April 24, 2012 Liquor Control Commission May 9 and 23, 2012 Parks and Recreation Board April 24, 2012 Committee of the Whole May 23, 2012 City Council Minutes May 23, 2012 Telecommunications Tax Report Sales Tax Report Local Sales Tax Report JUNE 27, 2012 VOLUME LXXVII 346 State Income Tax Report State Use Tax Report Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 9:55 p.m. s/ Kimberly Dewis July 11, 2012 Kimberly Dewis, City Clerk Date Approved