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HomeMy WebLinkAboutp - August 22, 2012 CC403 VOLUME LXXVII AUGUST 22, 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 August 22, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:42 p.m. The Invocation was given by Pastor Gabriel Barden from the Seventh Day Adventist Church and the Pledge of Allegiance was led by Fire Chief John P. Fahy. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 8, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve the August 8, 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 announced that information would be available about the Veteran’s Memorial Phase Two at the upcoming International (IFest) Fest. Danise Habun provided details about the International Fest being held September 1, 2012, at Festival Park. She noted that the event would start with a parade and include entertainment and food vendors. Lewis Rohling expressed his concerns about the demolition of Sherman Hospital and asked if it could have been used as a veteran’s hospital. Sigi Psimenos invited the community to the upcoming carnival and noted it was a fundraiser for the Elgin Public Museum and the League of Women Voters. She also addressed the Council regarding off premises signs. There was a discussion regarding billboards, first amendment rights and if a change in the current ordinance would hold up to legal scrutiny. AUGUST 22, 2012 VOLUME LXXVII 404 Clarence Hayward complimented the City on its new website design and asked about a few technical issues. He was referred to an ITS representative for further assistance. Rick Newton provided his concerns and feedback regarding Dr. Torres’ U46 presentation at the Committee of the Whole meeting. BID 12-044 AWARDED TO CSR ROOFING FOR ROOF REPAIRS AT VARIOUS BUILDINGS Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to award a contract to CSR Roofing in the amount of $52,513 to replace or repair failing roofs at various locations to prevent major failures that could result in damage to the structure or contents of the building. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 12-045 AWARDED TO ATLAS TOYOTA MATERIAL HANDLING FOR THE PURCHASE OF TWO NEW FORKLIFTS FOR PUBLIC WORKS OPERATIONS AND LAND MANAGEMENT CENTER CITY Councilmember Powell made a motion, seconded by Councilmember Moeller, to approve the purchase of two new forklifts from Atlas Toyota Material Handling in the amount of $47,600 to provide safe material handling equipment used in daily operations. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 12-046 AWARDED TO COPENHAVER CONSTRUCTION, INC. FOR WATERFORD SUBDIVISION NEIGHBORHOOD 6 COMPLETION PROJECT Councilmember Dunne complimented staff on their efforts to ensure the project was complete using funds secured through proper bonding. Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to award the bid to Copenhaver Construction, Inc. in the amount of $277,933 to complete and repair the public improvements within the Waterford Subdivision Neighborhood 6 utilizing funds secured in a settlement agreement with the surety upon default of the developer Kimball Hill Homes. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII AUGUST 22, 2012 405 PETITION 29-12 APPROVED THE FINAL PLAT OF SUBDIVISION FOR VNA HEALTH CARE AT 801 VILLA STREET 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 29-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 30-12 APPROVED THE CONDITIONAL USE FOR FAMILY SERVICE ASSOCIATION OF GREATER ELGIN AREA AT 1140 NORTH MCLEAN BOULEVARD Community Development Director Marc Mylott provided an overview of the project and noted that approval was recommended subject to the conditions outlined in the packet. Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve Petition 30-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G51-12 PASSED AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G51-12 AN ORDINANCE AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" WHEREAS, 65 ILCS 5/5-2-12(b) provides in relevant part that in cities of at least 50,000 but less than 100,000 population, the council shall consist of the mayor and six councilmen, and that in cities of at least 100,000 but not more than 500,000, the council shall consist of the mayor and eight councilmen; and WHEREAS, the current composition of the city council of the City of Elgin consists of the mayor and six councilmen; and AUGUST 22, 2012 VOLUME LXXVII 406 WHEREAS, the 2010 United States Census which was finalized after the bi-annual municipal election in 2011 identified the population of the City of Elgin as having increased to a population of 108,188; and WHEREAS, as a result of the City of Elgin's population increasing to more than 100,000 and pursuant to state law provided at 65 ILCS 5/5-2-12, the size of the city council of the City of Elgin is to be increased from the current composition of the mayor and six councilmen to the new composition of the mayor and eight councilmen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN ILLINOIS, IN THE EXERCISE OF STATUTORY AND HOME RULE POWERS: Section 1. That Chapter 2.08 of the Elgin Municipal Code, 1976, as amended, entitled "City Council" be and is hereby further amended by amending section 2.08.010 thereof entitled "Powers and Duties" to read as follows: "2.08.010: COMPOSITION, POWERS AND DUTIES: Effective with the bi-annual municipal election in 2013, the city council shall consist of the mayor and eight (8) councilmen elected for four (4) year terms as provided by law. The city council shall be the governing body of the city and shall have the powers and duties prescribed by the Constitution of the State of Illinois, by state statute and by ordinance of this city. The powers of the city council shall be purely legislative except as otherwise provided by statute or ordinance. The city council shall approve for payment all expenses and liabilities of the municipality except as may otherwise be provided by ordinance." Section 2. For the purposes filling the two vacancies in the office of councilmen for the two new council seats created by this ordinance, the city council hereby designates one of the new additional council seats as having an initial two-year term and one of the new additional council seats as a four-year term, and the city clerk of the City of Elgin is hereby authorized and directed to certify the designated offices to be filled to the proper election authorities as provided in the general election law. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVII AUGUST 22, 2012 407 Presented: August 22, 2012 Passed: August 22, 2012 Vote: Yeas: 7 Nays: 0 Recorded: August 22, 2012 Published: August 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G48-12 through G50-12 and adopt Resolution Nos. 12-132 through 12-135 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-132 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR GRANT WRITING SERVICES Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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. 12-132 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR GRANT WRITING SERVICES 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 Engineering Enterprises, Inc. for grant writing services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 22, 2012 VOLUME LXXVII 408 Presented: August 22, 2012 Adopted: August 22, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-133 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP JJR D/B/A JJR, LLC FOR CONSULTING SERVICES REGARDING PHASE I IMPROVEMENTS TO JACK COOK REGIONAL PARK Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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. 12-133 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP JJR D/B/A JJR, LLC FOR CONSULTING SERVICES REGARDING PHASE I IMPROVEMENTS TO JACK COOK REGIONAL PARK 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 SmithGroup JJR d/b/a JJR, LLC for consulting services regarding Phase I improvements to Jack Cook Regional Park, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 22, 2012 Adopted: August 22, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII AUGUST 22, 2012 409 RESOLUTION 12-134 ADOPTED AUTHORIZING EXECUTION OF TERMS AND CONDITIONS WITH FIFTH THIRD BANK FOR REMOTE CURRENCY MANAGER SERVICES Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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. 12-134 RESOLUTION AUTHORIZING EXECUTION OF TERMS AND CONDITIONS WITH FIFTH THIRD BANK FOR REMOTE CURRENCY MANAGER SERVICES 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 Terms and Conditions on behalf of the City of Elgin with Fifth Third Bank for remote currency manager services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 22, 2012 Adopted: August 22, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-135 ADOPTED AUTHORIZING EXECUTION OF A COMPUSAFE SERVICE AGREEMENT WITH BRINK'S U.S., A DIVISION OF BRINK'S, INCORPORATED FOR COMPUSAFE SERVICES Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. AUGUST 22, 2012 VOLUME LXXVII 410 Resolution No. 12-135 RESOLUTION AUTHORIZING EXECUTION OF A COMPUSAFE SERVICE AGREEMENT WITH BRINK'S U.S., A DIVISION OF BRINK'S, INCORPORATED FOR COMPUSAFE SERVICES 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 a CompuSafe Service Agreement on behalf of the City of Elgin with Brink's U.S., a Division of Brink's, Incorporated for CompuSafe services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 22, 2012 Adopted: August 22, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G48-12 PASSED AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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. G48-12 AN ORDINANCE AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.24.020 of the Elgin Municipal Code, 1976, as amended, entitled "One-Way Streets and Alleys" be and is hereby further amended by deleting from the list of one-way streets in the City of Elgin under Section 11.24.020D the following: Tennyson Court. VOLUME LXXVII AUGUST 22, 2012 411 Section 2. That Section 11.24.020 of the Elgin Municipal Code, 1976, as amended, entitled "One-Way Streets and Alleys" be and is hereby further amended by adding to the list of one-way streets in the City of Elgin under Section 11.24.020C the following: Tennyson Court. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 22, 2012 Passed: August 22, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 22, 2012 Published: August 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G49-12 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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. G49-12 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050O the following: AUGUST 22, 2012 VOLUME LXXVII 412 Street Side Area/Time of Restriction Tennyson Court East Monday through Friday 8:00 a.m.-3:00 p.m. Division Street South 175 feet east of the intersection with Geneva Street easterly to a point 225 feet from the intersection of Geneva Street Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 22, 2012 Passed: August 22, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 22, 2012 Published: August 23, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G50-12 PASSED AMENDING CHAPTER 11.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "SPECIAL STOPS REQUIRED; MISCELLANEOUS RULES OF THE ROAD" Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII AUGUST 22, 2012 413 Ordinance No. G50-12 AN ORDINANCE AMENDING CHAPTER 11.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SPECIAL STOPS REQUIRED; MISCELLANEOUS RULES OF THE ROAD” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.40.080 of the Elgin Municipal Code, 1976, as amended, entitled "Vehicle Load Limit" be and is hereby further amended by adding a new subparagraph E thereto to read as follows and by re-lettering the remaining subparagraphs thereafter accordingly: "E. It is unlawful for any person to operate any vehicle having a gross weight of over eight thousand (8,000) pounds including vehicle and maximum load, upon or over the following streets east of Liberty Street: Grand Avenue ; Franklin Boulevard; Addison Street; Park Street; Lillie Street, and Forest Avenue from Liberty Street to Grand Boulevard Linden Avenue from Liberty Street to Bode Road F. The provisions of this section shall not apply to vehicles owned or operated by any governmental unit or vehicles providing mass transit or emergency services. G. The director of public works shall cause signs indicating the foregoing weight limit or license registration classification restriction to be erected and maintained to and upon the approaches to the foregoing streets." Section 4. 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 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 22, 2012 VOLUME LXXVII 414 Presented: August 22, 2012 Passed: August 22, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 22, 2012 Published: August 23, 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. Bicycle & Pedestrian Advisory Committee Minutes for July 3, 2012 Liquor Control Commission Minutes June 13, 2012 Committee of the Whole Minutes for July 25, 2012 City Council Minutes for July 25, 2012 Hotel / Motel Tax Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adjourn the meeting and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act VOLUME LXXVII AUGUST 22, 2012 415 Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act The meeting adjourned at 8:30 p.m. s/ Kimberly Dewis September 12, 2012 Kimberly Dewis, City Clerk Date Approved