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HomeMy WebLinkAboutd - February 27, 2013 CC109 VOLUME LXXVIII FEBRUARY 27, 2013 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 February 27, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:55 p.m. The Invocation was given by Dale Jaacks from Gods Oasis and the Pledge of Allegiance was led by Councilmember Steffen. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: Councilmember Moeller. MINUTES OF THE JANUARY 23, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve the February 13, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS National Nutrition Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, food is the substance by which life is sustained; and WHEREAS, the type, quality and amount of food that individuals consume each day plays a vital role in their overall health and physical fitness; and WHEREAS, the food and physical activity choices made today, and every day, affect our health and how we feel today and in the future. Eating right and being physically active are keys to a healthy lifestyle; and WHEREAS, there is a need for continuing nutrition education and a wide-scale effort to enhance good eating practices; and FEBRUARY 27, 2013 VOLUME LXXVIII 110 WHEREAS, National Nutrition Month® is a nutrition education and information campaign sponsored annually by the Academy of Nutrition and Dietics; and NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby proclaim the month of March 2013, as National Nutrition Month in the City of Elgin, and I encourage all citizens to join the campaign and become concerned about their nutrition and the nutrition of others in the hope of achieving optimum health for both today and tomorrow. I also want to encourage all residents to participate in Activate Elgin’s March into Health programs, including the kick-off event “Elgin’s Largest Family Fitness Class” which takes place in The Centre of Elgin on March 1. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 27th day of February, 2013. David J. Kaptain Mayor Representatives from School District U-46 highlighted programs that promote a healthy lifestyle. RECOGNIZE PERSONS PRESENT Armida and Joe Dominguez invited the public to the Pinewood Derby being held on March 3, 2013, at 2250 W. Highland Avenue. Bill Neylon invited residents to attend the Blackhawk Resident Association’s candidate forum being held on March 16, 2013 at the New Covenant Fellowship Church. Aloune Khotisene and Ricardo Gasca of the Gang and Drug Task Force presented Mayor Kaptain and Police Chief Swoboda with a commendation for the reduction of violent crimes in 2012. Mayor Kaptain thanked the members of the Police Department and the Task Force. Police Chief Swoboda thanked the officers and the community for their support. BID 13-005 AWARDED TO VARIOUS VENDORS FOR THE PURCHSE OF GOLF CHEMICAL SUPPLIES Councilmember Steffen made a motion, seconded by Councilmember Dunne, to award contracts to John Deere Landscapes, Pendleton Turf Supply, Harrel’s, Conserv FS, Growing Solutions, BTSI, and Reinders in the amount of $101,634.56 for the purchase of golf chemical supplies. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII FEBRUARY 27, 2013 111 BID 13-008 AWARDED TO BIGGERS CHEVROLET FOR THE PURCHASE OF TWO CHEVROLET VANS Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to award a contract to Biggers Chevrolet in the amount of $45,591 for the purchase of two Chevrolet vans to replace existing fleet inventory. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. BID 13-009 AWARDED TO ALANIZ LAWNCARE, INC. FOR THE WATERFORD SUBDIVISION NEIGHBORHOOD 6 TREE PLANTING, REMOVAL, AND TRIMMING PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a contract to Alaniz Lawncare, Inc. in the amount of $52,455 to provide the Waterford Subdivision Neighborhood 6 with tree planting, removal and trimming. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. PETITION 48-12 APPROVED THE FINAL PLAT FOR BOWES CREEK COUNTRY CLUB PHASE III (3700 CENTENNIAL WAY) Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve Petition 48-12 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-38 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2013 COMBINED SEWER SEPARATION PROJECT-BLUFF CITY BOULEVARD PHASE I Councilmember Powell made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-38 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN FOR ENGINEERING DESIGN SERVICES IN CONNECTION WITH THE 2013 COMBINED SEWER SEPARATION PROJECT-BLUFF CITY BOULEVARD PHASE I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement with HR Green on behalf of the City of Elgin FEBRUARY 27, 2013 VOLUME LXXVIII 112 for engineering design services in connection with the 2013 Combined Sewer Separation Project- Bluff City Boulevard Phase I, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUTHORIZATION FOR PAYMENTS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the authorization for payments report provided to Council. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G13-13 through G15-13 and adopt Resolution Nos. 13-23 through 13-37 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-23 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE COMMUNITY CRISIS CENTER, INC. FOR THE INSTALLATION OF FLOORING Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII FEBRUARY 27, 2013 113 Resolution No. 13-23 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE COMMUNITY CRISIS CENTER, INC. FOR THE INSTALLATION OF FLOORING 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 community development block grant agreement on behalf of the City of Elgin with the Community Crisis Center, Inc. for the installation of flooring, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-24 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN FOR THE INSTALLATION OF ENERGY EFFICIENT EQUIPMENT Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 27, 2013 VOLUME LXXVIII 114 Resolution No. 13-24 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN FOR THE INSTALLATION OF ENERGY EFFICIENT EQUIPMENT 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 community development block grant agreement on behalf of the City of Elgin with the Housing Authority of Elgin for the installation of energy efficient equipment, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-25 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE OPEN DOOR CLINIC OF GREATER ELGIN FOR THE REPLACEMENT OF LOCKS AND THE INSTALLATION OF WIRELESS CONTROLLED ALARM SYSTEMS Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII FEBRUARY 27, 2013 115 Resolution No. 13-25 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE OPEN DOOR CLINIC OF GREATER ELGIN FOR THE REPLACEMENT OF LOCKS AND THE INSTALLATION OF WIRELESS CONTROLLED ALARM SYSTEMS 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 community development block grant agreement on behalf of the City of Elgin with the Open Door Clinic of Greater Elgin for the replacement of locks and the installation of wireless controlled alarm systems, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-26 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF ELGIN, ILLINOIS FOR INTERIOR RENOVATION Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 27, 2013 VOLUME LXXVIII 116 Resolution No. 13-26 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF ELGIN, ILLINOIS FOR INTERIOR RENOVATION 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 community development block grant agreement on behalf of the City of Elgin with the Young Women's Christian Association of Elgin, Illinois for interior renovation, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-27 AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP) FOR PLANNING STAFF ASSISTANCE SERVICES (FERSON- OTTER CREEK WATERSHED PLAN) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. . VOLUME LXXVIII FEBRUARY 27, 2013 117 Resolution No. 13-27 RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP) FOR PLANNING STAFF ASSISTANCE SERVICES (FERSON-OTTER CREEK WATERSHED PLAN) WHEREAS, the City of Elgin (hereinafter referred to as “the City’) 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, the City applied for planning staff assistance services through the Chicago Metropolitan Agency for Planning (hereinafter referred to as “CMAP”) to review land development regulations and outline specific amendments to implement the recommendations of the Ferson-Otter Creek Watershed Plan; and WHEREAS, the City’s request for such assistance has been recommended by CMAP as a priority project; and WHEREAS, CMAP has adopted the GO TO 2040 Plan as the long-range regional comprehensive plan for the seven-county Chicago region, encompassing Cook, DuPage, Kane, Kendall, Lake, McHenry and Will counties, and is providing this planning staff assistance free- of-charge as a means of advancing the plan’s implementation; and WHEREAS, the City will support CMAP’s work with appropriate staff time, data files, outreach efforts to community stakeholders, and other necessary resources for the successful completion of this planning study; and WHEREAS, the City and CMAP have agreed on the general contents of a draft Memorandum of Understanding with an attached Scope of Services (all of which is attached hereto and hereinafter referred to as the “MOU”) that will guide planning staff assistance services to be provided by CMAP; and WHEREAS, the acceptance of the planning staff assistance services from CMAP relates to the public health, safety, and welfare and pertains to the government and affairs of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The City Council of the City of Elgin (hereinafter referred to as “the City Council”) supports this project to review land development regulations and outline specific amendments to implement the recommendations of the Ferson-Otter Creek Watershed Plan. FEBRUARY 27, 2013 VOLUME LXXVIII 118 Section 2. The City Council accepts the offer of staff assistance services by CMAP and recognizes that these services are provided for the purpose of advancing the implementation of GO TO 2040. Section 3. The City Council authorizes and directs Sean R. Stegall, City Manager, or his designee, to finalize and execute an MOU on behalf of the City with CMAP, the final form of which is subject to the approval of the City Corporation Counsel, and which shall be generally consistent with the document entitled “Memorandum of Understanding between the Chicago Metropolitan Agency for Planning and the City of Elgin, Local Technical Assistance Program, DRAFT” attached hereto. Section 4. The City Council recognizes that provisions that govern the administration of staff assistance services and, if necessary, the discontinuance of such services are included within the MOU. Section 5. This Resolution shall be in full force and effect immediately upon its passage and approval in a manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-28 AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP) FOR PLANNING STAFF ASSISTANCE SERVICES (HOMES FOR A CHANGING REGION) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. . VOLUME LXXVIII FEBRUARY 27, 2013 119 Resolution No. 13-28 RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP) FOR PLANNING STAFF ASSISTANCE SERVICES (HOMES FOR A CHANGING REGION) WHEREAS, the City of Elgin (hereinafter referred to as “the City’) 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, the City applied, with the villages of Carpentersville, East Dundee, and West Dundee, for planning staff assistance services through the Chicago Metropolitan Agency for Planning (hereinafter referred to as “CMAP”) to develop a Homes for a Changing Region plan that will analyze and recommend strategies to address current and projected housing market issues; and WHEREAS, the joint request for such assistance has been recommended by CMAP as a priority project; and WHEREAS, CMAP has adopted the GO TO 2040 Plan as the long-range regional comprehensive plan for the seven-county Chicago region, encompassing Cook, DuPage, Kane, Kendall, Lake, McHenry and Will counties, and is providing this planning staff assistance free- of-charge as a means of advancing the plan’s implementation; and WHEREAS, the City will support CMAP’s work with appropriate staff time, data files, outreach efforts to community stakeholders, and other necessary resources for the successful completion of this planning study; and WHEREAS, the City and CMAP have agreed on the general contents of a draft Memorandum of Understanding with an attached Scope of Services (all of which is attached hereto and hereinafter referred to as the “MOU”) that will guide planning staff assistance services to be provided by CMAP in partnership with Kane County; and WHEREAS, the acceptance of the planning staff assistance services from CMAP relates to the public health, safety, and welfare and pertains to the government and affairs of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: FEBRUARY 27, 2013 VOLUME LXXVIII 120 Section 1. The City Council of the City of Elgin (hereinafter referred to as “the City Council”) supports the Homes for a Changing Region project. Section 2. The City Council accepts the offer of staff assistance services by CMAP and recognizes that these services are provided for the purpose of advancing the implementation of GO TO 2040. Section 3. The City Council authorizes and directs Sean R. Stegall, City Manager, or his designee, to finalize and execute an MOU on behalf of the City with CMAP, the final form of which is subject to the approval of the City Corporation Counsel, and which shall be generally consistent with the document entitled “CMAP MOU Contents – Local Technical Assistance Program,” dated December 13, 2012, and attached hereto. Section 4. The City Council recognizes that provisions that govern the administration of staff assistance services and, if necessary, the discontinuance of such services are included within the MOU. Section 5. This Resolution shall be in full force and effect immediately upon its passage and approval in a manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-29 ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 2B SUBDIVISION Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII FEBRUARY 27, 2013 121 Resolution No. 13-29 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 2B SUBDIVISION 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 public improvements in Providence Unit 2B Subdivision which include: sanitary sewer, water main, storm sewer, pavement, sidewalk, street lights, signs, and parkway trees. Acceptance of the public improvements will add the following city-maintained facilities: approximately 2,050 lineal feet of 8-inch water main; three, 8-inch valves in 4 foot vaults; 7 fire hydrants; 2,103 lineal feet of 8- inch sanitary sewer; 13 sanitary manholes; 817 lineal feet of 12-inch storm sewer; 470 lineal feet of 15-inch storm sewer; 131 lineal feet of 18-inch storm sewer; 391 lineal feet of 21-inch storm sewer; 40 lineal feet of 24-inch storm sewer; 967 lineal feet of 36-inch storm sewer; 371 lineal feet of 42-inch storm sewer; 26 catch basins; 20 storm manholes; 9 street lights; 6 street signs; 2,162 lineal feet of improved street (including curb and gutter, parkway and sidewalk on both sides of the street) and all respective appurtenances to the city-maintained facilities. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-30 AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION-STANDISH/ELM PROJECT Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 27, 2013 VOLUME LXXVIII 122 Resolution No. 13-30 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION-STANDISH/ELM 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 an agreement with Burns & McDonnell Engineering Company, Inc. on behalf of the City of Elgin for engineering services in connection with the 2014 Neighborhood Street Rehabilitation and Combined Sewer Separation-Standish/Elm Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-31 AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE ARC-FLASH STUDY (PHASE III) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII FEBRUARY 27, 2013 123 Resolution No. 13-31 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE ARC-FLASH STUDY (Phase III) 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 Burns & McDonnell Engineering Company, Inc. for engineering services in connection with the Arc-Flash Study (Phase III), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-32 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT WITH HANOVER TOWNSHIP ROAD DISTRICT FOR SALT STORAGE AND LIQUID CHEMICAL USAGE FROM THE SHALES PARKWAY FACILITY Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 27, 2013 VOLUME LXXVIII 124 Resolution No. 13-32 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT WITH HANOVER TOWNSHIP ROAD DISTRICT FOR SALT STORAGE AND LIQUID CHEMICAL USAGE FROM THE SHALES PARKWAY FACILITY 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 Intergovernmental Maintenance Facility Agreement on behalf of the City of Elgin with Hanover Township Road District for salt storage and liquid chemical usage from the Shales Parkway facility, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-33 AUTHORIZING MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE REGARDING THE 2013 MOTOR FUEL TAX PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution 13-33 is on file in the City Clerk’s Office. VOLUME LXXVIII FEBRUARY 27, 2013 125 RESOLUTION 13-34 AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS, BURKE KELSEY ASSOCIATES, LTD. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2013-2015 ANNUAL ROADWAY MAINTENANCE PROGRAM REGARDING MOTOR FUEL TAX PROJECTS Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-34 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS, BURKE KELSEY ASSOCIATES, LTD. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2013-2015 ANNUAL ROADWAY MAINTENANCE PROGRAM REGARDING MOTOR FUEL TAX PROJECTS 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 Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement with Wills, Burke Kelsey Associates, Ltd. on behalf of the City of Elgin for engineering services in connection with the 2013-2015 annual roadway maintenance program regarding motor fuel tax projects, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 27, 2013 VOLUME LXXVIII 126 RESOLUTION 13-35 AUTHORIZING EXECUTION OF AN AGREEMENT WITH RAY O'HERRON CO. OF OAKBROOK TERRACE, INC. FOR FIRE DEPARTMENT UNIFORMS Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-35 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RAY O'HERRON CO. OF OAKBROOK TERRACE, INC. FOR FIRE DEPARTMENT UNIFORMS 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 with Ray O'Herron Co. of Oakbrook Terrace, Inc. on behalf of the City of Elgin for fire department uniforms, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-36 AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARKETPLACE MEDIA GROUP, INC. FOR DESIGN AND PUBLICATION SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII FEBRUARY 27, 2013 127 Resolution No. 13-36 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARKETPLACE MEDIA GROUP, INC. FOR DESIGN AND PUBLICATION SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement with Marketplace Media Group, Inc., on behalf of the City of Elgin for design and publication services regarding the Elgin Neighbor newsletter, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-37 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CREEKSIDE PRINTING FOR PRINTING AND MAILING SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 27, 2013 VOLUME LXXVIII 128 Resolution No. 13-37 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CREEKSIDE PRINTING FOR PRINTING AND MAILING SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement with Creekside Printing, on behalf of the City of Elgin for printing and mailing services regarding the Elgin Neighbor newsletter, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G13-13 PASSED AMENDING TITLE 5 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PROCUREMENTS" TO PROVIDE FOR A REQUIRED MINIMUM PERCENTAGE OF ELGIN RESIDENT WORKERS ON CITY CONSTRUCTION CONTRACTS AND TO PROVIDE FOR BID INCENTIVES FOR THE UTILIZATION OF APPRENTICES WHO ARE ELGIN RESIDENTS Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII FEBRUARY 27, 2013 129 Ordinance No. G13-13 AN ORDINANCE AMENDING TITLE 5 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PROCUREMENTS" TO PROVIDE FOR A REQUIRED MINIMUM PERCENTAGE OF ELGIN RESIDENT WORKERS ON CITY CONSTRUCTION CONTRACTS AND TO PROVIDE FOR BID INCENTIVES FOR THE UTILIZATION OF APPRENTICES WHO ARE ELGIN RESIDENTS WHEREAS, the City of Elgin is a home rule municipality as defined in Article 7, Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, an ordinance providing for the regulation, procedures and requirements for the procurement of supplies, services and construction by the City of Elgin pertains to the government and affairs of the City of Elgin; and WHEREAS, unemployment levels within the City of Elgin have been and continue to remain at a higher level than unemployment levels in the State of Illinois and nationwide; and WHEREAS, a requirement in the City's procurement ordinance requiring that a certain minimum percentage of city residents be employed on specified city construction contracts and a provision providing for a bid incentive for contractors who utilize apprentices who are residents of Elgin will assist in reducing unemployment levels within the City of Elgin and will assist in providing employments opportunities and employment training to Elgin residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 5.08 of the Elgin Municipal Code, 1976, as amended, entitled "Source Selection; Competitive Sealed Bidding" be and is hereby further amended by adding a new Section 5.08.170 thereto entitled "Construction Contracts-Percentage of City Resident Worker Hours", to read as follows: "5.08.170 Construction Contracts-Percentage of City Resident Worker Hours: A. For any city construction contract advertised, or if not advertised, awarded after the effective date of this ordinance having an estimated contract value of $100,000.00 or more, and where not otherwise prohibited by federal, state or local law, the total hours worked by persons on the site of the construction project by employees of the contractor and subcontractors shall be performed at least ten percent (10%) by actual residents of the City of Elgin. This minimal percentage of Elgin residents shall not be understood as limiting or deterring the fuller utilization of Elgin residents beyond this level, but is intended instead as a FEBRUARY 27, 2013 VOLUME LXXVIII 130 minimal requirement. Contractors shall make good faith efforts to utilize qualified residents of the City of Elgin in unskilled and skilled labor positions. The purchasing director shall separately monitor the utilization of residents of the city in skilled and unskilled positions, and shall report his or her findings to the city manager and the city council when substantially all of the construction contracts for each construction season have been closed. The purchasing director shall also report whether he or she has determined that separate minimum percentages of Elgin residents are warranted for skilled and unskilled labor positions. The purchasing director shall develop standards and procedures for reducing or waiving this minimum percentage level of Elgin residents when a bidder or contractor can demonstrate the impracticality or excessive cost of complying with this percentage level for particular contracts or classes of employees. Except as otherwise provided in the purchasing director's standards and procedures, a waiver or reduction shall be deemed appropriate if a contractor or subcontractor has unsuccessfully solicited a sufficient number of residents of the City of Elgin to perform the work identified in the bid solicitation and has documented such effort to the satisfaction of the purchasing director. In addition, such standards and procedures shall require that a contractor seeking a waiver or reduction shall have provided timely notice of the need for qualified residents of the City of Elgin to an appropriate source of referrals, which source shall be entitled to comment on any waiver or reduction application. If the purchasing director determines that a lesser percentage standard is appropriate with respect to a particular contract subject to competitive bidding prior to the bid solicitations for such contract, such bid solicitations shall include a statement of such revised standards. The purchasing director shall file annual reports of his or her determinations on all reduction or waiver requests made pursuant to this paragraph with the city manager and the city council. B. Implementation of the requirements established in subsection A of this section will be achieved by including in contracts and subcontracts described therein the following language: The contractor and all subcontractors that perform work on the site on the construction project undertaken pursuant to this contract shall comply with the minimum percentage of total worker hours performed by actual residents of the City of Elgin as specified in Section 5.08.170 of the Elgin Municipal Code. "Actual residents of the City of Elgin" shall mean persons domiciled within the corporate city limits of the City of Elgin. The domicile is an individual's one and only true, fixed and permanent home and principal residence which has not been adopted with the intention of again taking up or claiming a previous residence outside the corporate city limits of the City of Elgin. The contractor shall provide for the maintenance of adequate employee residency records to ensure that actual Elgin residents are employed on the project. The contractor and subcontractors shall maintain copies of personal documents supportive of every Elgin employee's actual record of residence. Weekly certified payroll reports (U.S. Department of Labor Form WH-347 or equivalent) submitted to the head of the using department in triplicate, shall identify clearly the actual residence of every employee on each submitted certified payroll. The first time that an VOLUME LXXVIII FEBRUARY 27, 2013 131 employee's name appears on a payroll, the date that the company hired the employee should be written in after the employee's name. Full access to the contractor's and subcontractors' employment record shall be granted to the purchasing director, the head of the using department, the corporation counsel, the professional standards officer, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant personnel data in records for a period of at least three years after final acceptance of the work. At the direction of the using department, affidavits and other supporting documentation will be required of the contractor to verify or clarify an employee's actual address when doubt or lack of clarity has arisen. Good faith efforts on the part of the contractor to provide utilization of actual Elgin residents shall not suffice to replace the actual, verified achievement of the requirements of this section concerning the worker hours performed by actual Elgin residents. When work is completed, in the event that the city has determined that the contractor failed to ensure the fulfillment of the requirement of this section concerning the worker hours performed by actual Elgin residents or has failed to report in the manner as indicated above, the city will thereby be damaged in the failure to provide the benefit of demonstrable employment to Elgin residents to the degree stipulated in this section. Therefore, in such a case of non- compliance it is agreed that 1/10 of 1 percent (.01%), 0.001, of the approved contract value for the subject contract shall be surrendered by the contractor to the city in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender of the entire liquidated damages as if no Elgin residents were employed in either of the categories. The willful falsification of statements and the certification of payroll date may subject the contractor or subcontractors or employee to prosecution. Any retainage to cover contract performance that may become due to the contractor may be withheld by the city pending the purchasing director's determination whether the contractor must surrender damages as provided in this paragraph. Nothing herein provided shall be construed to be a limitation upon the "Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Executive Order 11246" and "Standard Federal Equal Employment Opportunity, Executive Order 11246", or other affirmative action required for equal opportunity under the provisions of the subject contract. C. In addition to assessing the monetary damages stipulated in subsection B hereof, the purchasing director may, in lieu of declaring the contractor to be a non-responsible bidder, require the contractor to post a surety bond or other appropriate security in an amount representing ten percent of the approved contract value for subsequent contracts on which the contractor bids, which the contractor shall agree to forfeit in its entirety in the event that full compliance with the requirements of this section is not achieved during the performance of any future contract that the contractor enters with the City of Elgin. FEBRUARY 27, 2013 VOLUME LXXVIII 132 D. Any person who is employed in a construction project subject to the provisions of this section who knowingly supplies false information concerning his or her residence shall be subject to a fine of not less than $500.00 for each offense. Any person found to have violated this section shall also be barred from employment on any construction project subject to this section for a period of five years." Section 2. That Chapter 5.08 of the Elgin Municipal Code, 1976, as amended, entitled "Source Selection; Competitive Sealed Bidding" be and is hereby further amended by adding a new Section 5.08.180 thereto entitled "Construction Contracts-Apprentice Utilization", to read as follows: "5.08.180: Construction Contracts-Bid Incentive For Apprentice Utilization: A. For purposes of this section only the following definitions apply: "Apprentice" means any person who is sponsored into an apprenticeship training program by a contractor and who is an actual resident of the City of Elgin as defined in Section 5.08.170. The contractor's apprenticeship training program must be approved by and registered with the United States Department of Labor, Office of Apprenticeship and Training Programs, or be reasonably equivalent to such programs. "Bid incentive" means an amount deducted, for bid evaluation purposes only, from the total bid price that is attributable to labor costs, in order to calculate the bid price to be used to evaluate the bid on a competitively bid construction project. "Earned credit" means the amount of the bid incentive allocated to a contractor upon completion of a construction project in which the contractor met or exceeded his or her goals for the utilization of apprentices in performance of the total labor hours performed under the contract. "Earned credit certificate" means a certificate issued by the purchasing director evidencing the amount of earned credit a contractor has been awarded. "Labor hours" means the total hours of workers receiving an hourly wage who are directly employed at the work site. "Labor hours" shall include hours performed by workers employed by the contractor and all subcontractors working at the work site. "Labor hours" shall not include hours worked by non-working foremen, superintendents, owners and workers who are not subject to prevailing wage requirements. B. 1. For any city construction contract advertised after the effective date of this ordinance having an estimated contract value of $100,000.00 or more, and where not otherwise prohibited by federal, state or local law, the purchasing director shall allocate to any qualified bidder the following bid incentive for utilization of apprentices in performance of the total labor hours performed under contract. VOLUME LXXVIII FEBRUARY 27, 2013 133 Total Labor Hours Performed by Apprentices Bid Incentive 5 to 10% ½% of bid price 11 to 15% 1% of bid price The bid incentive shall be calculated and applied in accordance with the provisions of subsection B2. The bid incentive is used only to calculate an amount to be used in evaluating the bid. The bid incentive does not affect the contract price. 2. Upon the completion of a contract subject to this section, a contractor may apply to the purchasing director for earned credits if the contractor met or exceeded his or her apprentice utilization goals established in the contract. If the purchasing director determines that the contractor has successfully met his or her apprentice utilization goals, the purchasing director shall issue an earned credit certificate that evidences the amount of earned credits allocated to the contractor. The contractor may apply the earned credits as the bid incentive for any future construction project, contract bid of equal or greater dollar value. The earned credit certificate is valid for twelve months from the date of issuance and shall not be applied towards any future contract bid after the expiration of that period. C. The contractor shall maintain accurate and detailed books and records necessary to monitor compliance with this section and shall submit such reports as required by the purchasing director or the head of the using department. Full access to the contractor's and subcontractor's records shall be granted to the purchasing director, the head of the using department, the corporation counsel, the professional standards officer, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant records for a period of at least three years after final acceptance of the work. D. The purchasing director is authorized to adopt, promulgate and enforce reasonable rules and regulations pertaining to the administration and enforcement of this section." 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 from and after April 1, 2013. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 27, 2013 VOLUME LXXVIII 134 Presented: February 27, 2013 Passed: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: February 27, 2013 Published: February 29, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G14-13 PASSED GRANTING A MAP AMENDMENT FROM CC2 CENTER CITY DISTRICT TO PCC PLANNED CENTER CITY DISTRICT (101 NORTH STATE STREET) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G14-13 AN ORDINANCE GRANTING A MAP AMENDMENT FROM CC2 CENTER CITY DISTRICT TO PCC PLANNED CENTER CITY DISTRICT (101 North State Street) WHEREAS, written application has been made requesting a map amendment from CC2 Center City District to PCC Planned Center City District; and WHEREAS, the Planning and 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 Planning and Development 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 July 2, 2012, made by the Planning and Zoning Commission heretofore referred to as Exhibit A. VOLUME LXXVIII FEBRUARY 27, 2013 135 Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are hereby altered by including in the Planned CC2 Center City District the following described property: That part of the northerly 2/3 of lot 9 and all of lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and the southerly 18 feet of lot 21 in block 23 of the original town of Elgin, on the west side of the fox river, lying westerly of the westerly right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, in the city of Elgin, Kane County, Illinois; P.I.N. 06-14-261-009 (Property commonly known as 101 North State Street). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CC2 Center City District to PCC Planned Center City District for the property commonly known as 101 North State Street, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of the PAB zoning district is to provide a planned commercial environment, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCC zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PCC zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCC zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCC zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. FEBRUARY 27, 2013 VOLUME LXXVIII 136 F. Land Use. In this PCC zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. G. Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCC Planned Center City District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Services Division. 6. Museums, art galleries and botanical and zoological gardens (841). 7. Public Libraries (823). Construction Division. 8. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 9. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 10. "Radio and television antennas" [SR] (UNCL). 11. "Satellite dish antennas" [SR] (UNCL). 12. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 13. "Fences and walls" [SR] (UNCL). 14. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 15. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCC zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 16. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCC zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 17. "Refuse collection area" [SR]. 18. "Storage Tanks" [SR] (UNCL). 19. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. VOLUME LXXVIII FEBRUARY 27, 2013 137 20. "Temporary uses" [SR] (UNCL). 21. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCC Planned Center City District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, and an historical artifact windmill structure. 22. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCC Planned Center City District, subject to the provisions of Section 19.10.400, Component Land Uses. H. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCC Planned Center City District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). 2. Sporting and recreational camps (7032). Mining Division. 3. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 4. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 5. "Conditional Commercial Antenna Tower" [SR] (UNCL). 6. Electric power generation (UNCL). 7. Local and suburban passenger transportation operators (411). 8. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 9. "Other radio and television antennas" [SR] (UNCL). 10. "Other satellite dish antennas" [SR] (UNCL). 11. Pipelines, except natural gas (461). 12. Refuse systems (4953). 13. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 14. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 15. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off- Street Parking. 16. "Parking structures" [SR] (UNCL). 17. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 18. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCC Planned Center City District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 19. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCC Planned Center City District, subject to the provisions of Section 19.10.400, Component Land Uses. FEBRUARY 27, 2013 VOLUME LXXVIII 138 I. Site Design. In this PCC Planned Center City District, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. In this PCC District, the use and development of land and structures shall be subject to the following conditions: 1. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance and Attachments, submitted with the development application, prepared by the Elgin Area Historical Society, and dated received June 4, 2012. 2. Substantial conformance to the architectural plans and drawings entitled “EHS Windmill, Foundry Park, Elgin, IL 60123,” Sheets G1-1, A1-1, A1-2, prepared by Allen Pepa Architects, and dated June 13, 2012 and last revised on February 7, 2013. 3. Substantial conformance to the proposal for interpretive signage located in the vicinity of the structure and entitled “Elgin Windmill Public Interpretive Site” as outlined in the Neighborhood Improvement Grant Program – Sustainable Neighborhood Project Fund Agreement, approved by the Elgin Sustainability Commission, and dated April 23, 2012. 4. Execution of a city property encroachment license agreement that outlines the responsibilities of the Society and City of Elgin in a form approved by the city's corporation counsel for the installation and maintenance of the proposed windmill. 5. Compliance with all other applicable codes and ordinances. J. Off-street Parking. Except as otherwise provided within this section, in this PCC zoning district, off-street parking shall be subject to the provisions of chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended. K. Off-street Loading. In this PCC zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. L. Signs. In this PCC zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. M. Planned Developments. In this PCC zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. N. Conditional Uses. In this PCC zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal VOLUME LXXVIII FEBRUARY 27, 2013 139 Code, 1976, as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. O. Variations. In this PCC zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. P. Subdivisions-Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. 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: February 27, 2013 Passed: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: February 27, 2013 Published: February 29, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G15-13 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 27, 2013 VOLUME LXXVIII 140 Ordinance No. G15-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, “ZONING” WHEREAS, the purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the City of Elgin comprehensive plan; and WHEREAS, the ARC Arterial Road Corridor Overlay District is intended to establish a desired development character along Elgin’s arterial road corridors, which character is intended to promote economic development; and WHEREAS, written application has been made to amend the Elgin Zoning Ordinance to prohibit payday loan establishments, title loan establishments, and precious metal dealers from ARC Arterial Road Corridor Overlay Districts; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the City Council with a recommendation for approval; 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 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions and Regulations” be and is hereby further amended by adding in alphabetical order additional definitions for the terms “Payday Loan Establishment,” “Precious Metal Dealer,” and “Title Loan Establishment” to read as follows: PAYDAY LOAN ESTABLISHMENT: A “business” [SR] that provides loans to individuals in exchange for one or more of the following forms of collateral, which are held for an agreed upon period of time prior to presentment for payment or deposit: personal checks, authorization to debit consumers’ bank accounts, or interest in consumers’ wages, including but not limited to, wage assignments. VOLUME LXXVIII FEBRUARY 27, 2013 141 PRECIOUS METAL DEALER: A “business” [SR] wherein ten percent (10%) or more of all transactions involve purchasing from the public previously owned or used items made of or containing precious metals, including but not limited to gold, silver, platinum, gems, or stones. TITLE LOAN ESTABLISHMENT: A “business” [SR] that provides loans to individuals in exchange for receiving titles to the borrowers’ motor vehicles as collateral. Section 2. That Section 19.15.520 A. of the Elgin Municipal Code, 1976, as amended, entitled “Finance, insurance, and real estate division,” which section establishes land uses that are prohibited within the ARC Arterial Road Corridor Overlay District, be and is hereby further amended by adding in alphabetical order the additional uses as follows: “Payday loan establishment [SR],” “Precious metal dealer [SR],” and “Title loan establishment [SR].” Section 3. That Section 19.35.330 A.4 of the Elgin Municipal Code, 1976, as amended, entitled “Finance, insurance, and real estate division,” which section establishes permitted land uses within the NB Neighborhood Business District, be and is hereby further amended by adding in alphabetical order the additional uses as follows: “Payday loan establishment [SR],” “Precious metal dealer [SR],” and “Title loan establishment [SR].” Section 4. That Section 19.35.430 A.4 of the Elgin Municipal Code, 1976, as amended, entitled “Finance, insurance, and real estate division,” which section establishes the permitted land uses within the AB Area Business District, be and is hereby further amended by adding in alphabetical order the additional uses as follows: “Payday loan establishment [SR],” “Precious metal dealer [SR],” and “Title loan establishment [SR].” Section 5. That Section 19.40.130 A.3 of the Elgin Municipal Code, 1976, as amended, entitled “Finance, insurance, and real estate division,” which section establishes the permitted land uses within the ORI Office Research Industrial District, be and is hereby further amended by adding in alphabetical order the additional uses as follows: “Payday loan establishment [SR],” “Precious metal dealer [SR],” and “Title loan establishment [SR].” FEBRUARY 27, 2013 VOLUME LXXVIII 142 Section 6. That Section 19.40.330 A.3 of the Elgin Municipal Code, 1976, as amended, entitled “Finance, insurance, and real estate division,” which section establishes the permitted land uses within the GI General Industrial District, be and is hereby further amended by adding in alphabetical order the additional uses as follows: “Payday loan establishment [SR],” “Precious metal dealer [SR],” and “Title loan establishment [SR]. Section 7. That Section 19.40.530 A.3 of the Elgin Municipal Code, 1976, as amended, entitled “Finance, insurance, and real estate division,” which section establishes the permitted land uses within the CI Commercial Industrial District, be and is hereby further amended by adding in alphabetical order the additional uses as follows: “Payday loan establishment [SR],” “Precious metal dealer [SR],” and “Title loan establishment [SR].” Section 8. 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 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: February 27, 2013 Passed: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: February 27, 2013 Published: February 29, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII FEBRUARY 27, 2013 143 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission January 14, 2013 Emergency Telephone System Board January 17, 2013 Heritage Commission Design Review December 11, 2012 and January 8, 2013 Liquor Commission January 9, 2013 Parks and Recreation Advisory Board October 30, 2012 Strategic Plan Commission January 22, 2013 Committee of the Whole Minutes for January 23, 2013 City Council Minutes for January 23, 2013 Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adjourn into executive session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) of the Open Meetings Act Setting of a Price for Sale or Lease of Property Owned by the Public Body - Exempt Under Section 120/2(c)(6) of the Open Meetings Act The meeting adjourned at 8:15 p.m. s/ Kimberly Dewis March 6, 2013 Kimberly Dewis, City Clerk Date Approved