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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