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HomeMy WebLinkAbouto - August 8, 2012 CC388 AUGUST 8, 2012 VOLUME LXXVII COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on August 8, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Sheppard Deese from Fox Valley Christian Action and the Pledge of Allegiance was led by Councilmember Tish Powell. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JULY 25, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve the July 25, 2012, Council Meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Elinor Richoz discussed the efforts for Veteran’s Memorial Park Phase Two and noted that half of the funds needed to complete the project had been raised. She also presented Mayor Kaptain with a certificate of appreciation for his support of Phase Two. Bill Neylon thanked the Police and Fire Departments for their effort for the recent National Night Out. He also invited everyone to attend Love Elgin Day on September 29th. Sigi Psimenos thanked those involved in the recent Art and Soul event. She asked that the Council consider allowing event signs in the parkway to further advertise this type of local event. She submitted a copy of a proposed ordinance for the Council to review. VOLUME LXXVII AUGUST 8, 2012 389 PETITION 25-12 APPROVED AMENDING ORDINANCE NUMBER G26-01; PROPERTY LOCATED AT 2700 - 2880 GALVIN DRIVE AND 2755 – 2794 SPECTRUM DRIVE; BY INTERSTATE PARTNERS LLC, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the project and noted that approval was recommended subject to the conditions outlined in the packet. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve Petition 25-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 26-12 APPROVED AMENDING ORDINANCE NUMBERS G88-98, AND G9- 00; PROPERTY LOCATED AT 2200–2420 GALVIN DRIVE, 2400–2580 NORTHWEST PARKWAY, 2360–2530 VANTAGE DRIVE, AND 2482–2589 TECHNOLOGY DRIVE; BY INTERSTATE PARTNERS LLC, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the project and noted that approval was recommended subject to the conditions outlined in the packet. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve Petition 26-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-131 ADOPTED AUTHORIZING EXECUTION OF THIRD AMENDMENT AGREEMENT WITH BAXTER AND WOODMAN, INC. (2007-2013 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PHASE II STORM WATER PERMIT COMPLIANCE PROJECT) Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Moeller abstained. Resolution No. 12-131 RESOLUTION AUTHORIZING EXECUTION OF THIRD AMENDMENT AGREEMENT WITH BAXTER AND WOODMAN, INC. (2007-2013 National Pollution Discharge Elimination System Phase II Storm Water Permit Compliance Project) 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 Third Amendment Agreement on behalf of the City of Elgin with Baxter and Woodman, Inc. in connection with the 2007-2013 National Pollution Discharge AUGUST 8, 2012 VOLUME LXXVII 390 Elimination System Phase II Storm Water Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 8, 2012 Adopted: August 8, 2012 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G47-12 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Gilliam made a motion, seconded by Councilmember Powell, 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. G47-12 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 by amending subparagraph C thereof to read as follows: “C. The number of Class B licenses shall not exceed twenty-four (24) in number.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. VOLUME LXXVII AUGUST 8, 2012 391 Section 3. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 8, 2012 Passed: August 8, 2012 Vote: Yeas: 7 Nays: 0 Recorded: August 8, 2012 Published: August 10, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass Ordinance Nos. G45-12 and G46-12, and adopt Resolution Nos. 12-125 through 12-130 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-125 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH COLLINS ENGINEERS, INC. (2012-2013 BRIDGE INSPECTION PROGRAM) Councilmember Powell 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. 12-125 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH COLLINS ENGINEERS, INC. (2012-2013 Bridge Inspection Program) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and AUGUST 8, 2012 VOLUME LXXVII 392 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 2 on behalf of the City of Elgin with Collins Engineers, Inc. in connection with the 2012-2013 Bridge Inspection Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 8, 2012 Adopted: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-126 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE WATER MAIN, FIRE HYDRANT AND VALVE VAULT IMPROVEMENTS FOR BOWES CREEK COUNTRY CLUB GOLF COURSE Councilmember Powell 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. 12-126 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE WATER MAIN, FIRE HYDRANT AND VALVE VAULT IMPROVEMENTS FOR BOWES CREEK COUNTRY CLUB GOLF COURSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the water main, fire hydrant and valve vault improvements for the Bowes Creek Country Club Golf Course. Acceptance of the improvements will add the following infrastructure to the city maintained facilities: approximately fifteen lineal feet of eight-inch water main; 2,067 lineal feet of twelve-inch water main; one, eight-inch valve in a four-foot vault; four, twelve-inch valves in five-foot vaults; two fire hydrants. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVII AUGUST 8, 2012 393 Presented: August 8, 2012 Adopted: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-127 ADOPTED AUTHORIZING EXECUTION OF WETLAND CREDIT AGREEMENT WITH SLOUGH CREEK JOINT VENTURE FOR THE PURCHASE OF CERTIFIED WETLAND CREDITS FOR THE SOUTH STREET EXTENSION PROJECT Councilmember Powell 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. 12-127 RESOLUTION AUTHORIZING EXECUTION OF WETLAND CREDIT AGREEMENT WITH SLOUGH CREEK JOINT VENTURE FOR THE PURCHASE OF CERTIFIED WETLAND CREDITS FOR THE SOUTH STREET EXTENSION PROJECT 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 Wetland Credit Agreement on behalf of the City of Elgin with Slough Creek Joint Venture for the purchase of certified wetland credits for the 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: August 8, 2012 Adopted: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 8, 2012 VOLUME LXXVII 394 RESOLUTION12-128 ADOPTED IN SUPPORT OF AN AMENDMENT TO THE ILLINOIS VIDEO GAMING ACT Councilmember Powell 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. 12-128 RESOLUTION IN SUPPORT OF AN AMENDMENT TO THE ILLINOIS VIDEO GAMING ACT WHEREAS, the Illinois Video Gaming Act is provided for at 230 ILCS 40/1 et seq. (the "Video Gaming Act"); and WHEREAS, the Video Gaming Act defines and provides for four types of establishments where video gaming machines may be permitted which include a licensed establishment for certain types of liquor licenses, a licensed fraternal establishment, a licensed veterans establishment and a licensed truck stop establishment; and WHEREAS, Section 27 of the Video Gaming Act provides in part that "A municipality may pass an ordinance prohibiting video gaming within the corporate limits of the municipality"; and WHEREAS, pursuant to the previously adopted Elgin Municipal Code Sections 6.09.155F and 6.06.140D video gaming is currently prohibited in the City of Elgin; and WHEREAS, while Section 27 of the Video Gaming Act authorizes a municipality to prohibit video gaming within the corporate limits of the municipality, the Video Gaming Act does not appear to grant municipalities the authority to make distinctions between types of licensed establishments and in particular to authorize a municipality to allow video gaming only at certain licensed establishments such as licensed fraternal establishments and licensed veterans establishments while continuing to prohibit video gaming at other establishments; and WHEREAS, the Elgin United Civics Association is an association made up of a number of fraternal, veterans and not-for-profit civic organizations (the "EUCA"); and WHEREAS, the EUCA has proposed certain amendments to the Video Gaming Act to provide exceptions for fraternal, veterans and not -for-profit civic organizations from municipal ordinances otherwise prohibiting video gaming under the Video Gaming Act; and WHEREAS, the City Council recognizes the need for municipalities to have additional flexibility under the Video Gaming Act to distinguish between which types of licensed establishments should be permitted to conduct video gaming within a municipality. VOLUME LXXVII AUGUST 8, 2012 395 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council of the City of Elgin declares its support for an amendment to the Video Gaming Act which would allow municipalities additional authority to regulate video gaming within a municipality, and in particular to authorize municipalities to allow video gaming only at certain licensed establishments, such as licensed fraternal establishments, licensed veterans establishments and not-for-profit civic organizations holding liquor licenses, while continuing to prohibit video gaming at other establishments. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 8, 2012 Adopted: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-129 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH PANCOR CONSTRUCTION & DEVELOPMENT, LLC (2150 MADELINE LANE) Councilmember Powell 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. 12-129 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH PANCOR CONSTRUCTION & DEVELOPMENT, LLC (2150 Madeline Lane) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Economic Incentive Agreement with Pancor Construction & Development, LLC on behalf of the City of Elgin for economic development assistance in connection with the development of 215 Madeline Lane, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 8, 2012 VOLUME LXXVII 396 Presented: August 8, 2012 Adopted: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-130 ADOPTED AUTHORIZING EXECUTION OF A FIFTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P. AND LO LAND ASSETS, L.P. (BOWES CREEK COUNTRY CLUB - 3600 BOWES ROAD) Councilmember Powell 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. 12-130 RESOLUTION AUTHORIZING EXECUTION OF A FIFTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P. (Bowes Creek Country Club – 3600 Bowes Road) WHEREAS, the owners of certain property commonly known as Bowes Creek Country Club have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Fifth Amendment to Annexation Agreement with Toll IL, L.P. is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Fifth Amendment to Annexation Agreement with Toll IL, L.P., a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVII AUGUST 8, 2012 397 Presented: August 8, 2012 Adopted: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G45-12 PASSED AMENDING THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G69-09 (BOWES CREEK COUNTRY CLUB - 237 VILLA LOTS) (3600 BOWES ROAD) Councilmember Powell 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. G45-12 AN ORDINANCE AMENDING THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G69-09 (Bowes Creek Country Club - 238 Villa Lots) (3600 Bowes Road) WHEREAS, the territory herein described has previously been classified in the PSFR2 Planned Single Family Residence District, pursuant to Ordinance No. G12-05 as amended by Ordinance No. G69-09; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G69-09; WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated June 4, 2012, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. AUGUST 8, 2012 VOLUME LXXVII 398 Section 2. That Ordinance No. G69-09 entitled "An Ordinance Amending the PSFR2 Planned Single Family Residence District", passed December 16, 2009, be and is hereby amended only as set forth in this ordinance as follows: A. That section 3G thereof entitled "Site Design” is hereby amended by adding new subsections 5d and 5e thereto to read as follows: "5d. Additional Rear Yard Setback Encroachments. Pergolas, retractable awnings and other similar structures attached to a house may encroach a maximum of twelve (12) feet into the required rear yard building setback of twenty (20) feet for all 238 Villa Lots. 5e. Additional Interior Setback Encroachments. Patios, sheds, decks below four (4) feet in height and other similar obstructions subject to the interior setback will be allowed to encroach two (2) feet into the interior setback for all 238 Villa Lots. Any such encroachments referred to in subsection 5d or 5e shall also be subject to the following additional provisions: (1) Substantial conformance to the Bowes Creek Country Club Villas Collection Exhibit, Sheet 1 of 1, prepared by ESE Consultants, Inc. dated December 16, 2011. (2) The authorized encroachment shall be restricted to the 238 Villa Lots. (3) Compliance with all other applicable codes and ordinances." Section 3. That except as specifically amended herein, Ordinance No. G69-09 shall remain in full force and effect. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVII AUGUST 8, 2012 399 Presented: August 8, 2012 Passed: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 8, 2012 Published: August 10, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G46-12 PASSED PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Powell 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. G46-12 AN ORDINANCE PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending all remaining references to either the "Planning and Development Commission" or the "Zoning and Subdivision Hearing Board" to read the "Planning and Zoning Commission". Section 2. That Section 19.70.070 of the Elgin Municipal Code, 1976, as amended, entitled "Procedures" be and is hereby further amended by amending subparagraph B thereof to read as follows: "B. Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The Planning and Zoning Commission may grant the variation. An application for a variation involving a map amendment shall be processed through the Planning and Zoning Commission. Such AUGUST 8, 2012 VOLUME LXXVII 400 application shall be processed through the Planning and Zoning Commission concurrently with the map amendment." Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by deleting any remaining references to Class O liquor licenses. Section 4. 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 by deleting subparagraph Q thereof which pertains to a Class V license and by relettering the remaining subparagraphs thereafter accordingly. Section 5. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended, entitled "Vehicle Seizure and Impoundment" be and is hereby further amended by deleting from subparagraph A thereof the first referenced subsection 4 thereof which reads as follows: "4. Operating or permitting the operation of any sound amplification system located in a motor vehicle when the sound amplification system can be heard outside the motor vehicle from seventy five (75) or more feet when the motor vehicle is being operated upon a street, highway or roadway unless such system is being operated to request assistance or warn of a hazardous situation. This subsection shall not apply to authorized emergency vehicles. This subsection also does not apply to vehicles when the same are operated pursuant to and in conformance with a sound amplifying device permit pursuant to title 10, chapter 10.28 of this Code, as amended, and a special event permit pursuant to title 13, chapter 13.25 of this Code, as amended." Section 6. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended, entitled "Vehicle Seizure and Impoundment" be and is hereby further amended by amending subparagraph C4 thereof to read as follows: "4. Any motor vehicle that is not reclaimed within thirty-five (35) days after the expiration of the time during which the owner of record may seek judicial review of the city’s action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, shall be deemed abandoned and may be disposed of as an abandoned or unclaimed motor vehicle as provided by law in accordance with the provisions of Article II of Chapter 4 of the Illinois Vehicle Code, as amended." Section 7. That Section 14.04.205 of the Elgin Municipal Coe, 1976, as amended, entitled "Lack of Inside Reading; Surcharge" be and is hereby further amended by amending subparagraphs A and C thereof to read as follows: VOLUME LXXVII AUGUST 8, 2012 401 "A. To promote accurate billing, enhance the detection of leaks, and reduce waste, it is the policy of the city to require inside readings or to have those readings collected electronically of all metered properties. Estimated bills as permitted under section 14.04.200 of this chapter, shall not constitute an inside reading and shall be subject to the provisions of this section." "C. Whenever the city has been unable to obtain an inside reading for four (4) consecutive billing periods, the customer shall be required to allow the city to install an automatic meter reading (AMR) unit. The AMR unit shall be installed at no expense to the customer. In addition, a surcharge is imposed whenever the city has been unable to take an inside reading for four (4) or more consecutive billing periods. This surcharge shall be assessed each billing period, shall be in addition to the estimated bill and shall be in addition to any other actions permitted pursuant to this chapter. The surcharge imposed shall be in an amount equal to the water charges for ten thousand (10,000) cubic feet of water. The surcharge shall continue to be imposed for each billing period until a shutoff or disconnection has occurred, or an accurate inside reading has been taken and an AMR unit installed. The surcharge shall be a credit toward actual water use when an accurate inside reading is ultimately taken. Return of the surcharge in excess of actual consumption shall be conditioned upon the installation of the AMR unit." Section 8. That Section 14.04.230 of the Elgin Municipal Code, 1976, as amended, entitled "Billing" be and is hereby further amended by amending subparagraph B thereof to read as follows: " B. Water usage charges shall be based upon the reading or estimated charge as provided in Section 14.04.200 of this Chapter." Section 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 10. 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 AUGUST 8, 2012 VOLUME LXXVII 402 Presented: August 8, 2012 Passed: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 8, 2012 Published: August 10, 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. Emergency Telephone System Board June 21, 2012 Foreign Fire Insurance Tax Board April 10, 2012 Heritage Commission Design Review Subcommittee April 24, and May 8, 2012 Committee of the Whole Minutes for July 11, 2012 City Council Minutes for July 11, 2012 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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 7:20 p.m. s/ Kimberly Dewis August 22, 2012 Kimberly Dewis, City Clerk Date Approved