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HomeMy WebLinkAboutf - March 20, 2013 CC155 VOLUME LXXVIII MARCH 20, 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 March 20, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Jim Pluymert from Administer Justice and the Pledge of Allegiance was led by Councilmember Robert Gilliam. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MARCH 6, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve the March 6, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Elgin Water Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Eleven percent of the global population lives without access to an improved source of drinking water; and WHEREAS, There is a global crisis caused by insufficient water supply to satisfy basic human needs and growing demands on the world’s water resources to meet human, commercial and agricultural needs; and WHEREAS, The United Nations General Assembly recognized the right of every human being to have access to sufficient water for personal and domestic uses which must be safe, acceptable and affordable and physically accessible; and MARCH 20, 2013 VOLUME LXXVIII 156 WHEREAS, The citizens of Elgin are forever indebted to the life sustaining resource of the Fox River and the people who work to protect its quality and provide safe drinking water with the turn of a tap; and WHEREAS, It is the mission of the Elgin Water Department to provide the community with safe, high quality drinking water in an effective manner 24 hours a day, 365 days a year, at adequate pressure and reasonable cost. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim April 27th as Elgin Water Day in celebration of the Fox River and all those who work to protect this life sustaining resource. IN WITNESS WHEREOF, I have hereunto set my hand this 27th Day of April, 2013. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Taylor Unser, Boys and Girls Club 2013 Youth of the Year, thanked the city for their support of the club. She stated she would be participating this April in Boys and Girls Club event in Springfield. Danielle Henson presented information to the council regarding Elgin becoming an International City of Peace. BID 13-015 AWARDED TO ALASHER LANDSCAPING INCORPORATED FOR CONTRACTUAL GROUNDS MAINTENANCE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT Councilmember Steffen made a motion, seconded by Councilmember Moeller, to award the contractual grounds maintenance for the Community Development Department to Alasher Landscaping Incorporated for a two‐year term in an annual amount not to exceed $60,000 with an option for two, two‐year renewals to provide landscaping services for unmanaged property. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII MARCH 20, 2013 157 FINAL PUBLIC HEARING REGARDING FISCAL YEAR 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mayor Kaptain declared the public hearing open at 7:20 p.m. Marc Mylott, Community Development Director, provided a review of the process to date. He noted that there were no comments during the designated thirty (30) day comment period. Mayor Kaptain asked for comments from the council and the audience. Hearing none, Mayor Kaptain declared the public hearing closed at 7:21 p.m. RESOLUTION 13-57 ADOPTED AUTHORIZING FILING OF AN APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Moeller made a motion, seconded by Councilmember Powell, 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. 13-57 RESOLUTION AUTHORIZING FILING OF AN APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the preservation and rehabilitation of affordable housing, the rehabilitation of public facilities, and support for public service activities may be addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Six Hundred Ninety-Five Thousand Dollars ($695,000) for the following projects: MARCH 20, 2013 VOLUME LXXVIII 158 1. RESIDENTIAL REHABILITATION GRANT PROGRAM Provide grants for the rehabilitation of housing owned and/or occupied by low- and moderate-income families. Submitting Agency: City of Elgin’s Community Development Department Location: City-wide activity Proposed Level of Funding: $279,309 2. CDBG PROGRAM ADMINISTRATION Provide for program administration, including program oversight, management, monitoring and coordination; the preparation and submission of reports as required by federal regulations; and public information and assistance. Submitting Agency: City of Elgin’s Community Development Department Location: 150 Dexter Court, Elgin Proposed Level of Funding: $55,801 3. ASSOCIATION FOR INDIVIDUAL DEVELOPMENT – Mark Avenue Home Renovations Renovate the basement and increase safety for four (4) developmentally disabled individuals at a group home. Submitting Agency: Association for Individual Development Location: 1797 Mark Ave., Elgin Proposed Level of Funding: $45,600 Property Owner: Association for Individual Development 4. GREATER ELGIN FAMILY CARE CENTER - Health Center Floor Renovation Install flooring at three health centers. Submitting Agency: Greater Elgin Family Care Center Locations: 370 Summit St., Elgin (Summit Health Center) and 450 Dundee Ave., Elgin (Dental Clinic and Seneca Health Center) Proposed Level of Funding: $40,000 Property Owners: Summit Court, Inc. (370 Summit St.) East Park Professional Center, LLC (450 Dundee Ave.) 5. THE LARKIN CENTER – School Chiller System Provide funding to replace obsolete cooling coils, gate valves, 3-way mixing valves, steam valves, diverting valves, and ventilator motors for its school chiller system. Submitting Agency: The Larkin Center Location: 515 Sports Way, Elgin Proposed Level of Funding: $56,430 Property Owner: Larkin Center VOLUME LXXVIII MARCH 20, 2013 159 6. MY FATHER’S HANDS – Housing Repairs for Low Income Elderly and Disabled Provide funding for residential repair and maintenance assistance for Elgin’s low income elderly and disabled citizens. Submitting Agency: My Father’s Hands Location: Multiple Locations in Elgin Proposed Level of Funding: $30,000 Property Owner: Multiple property owners 7. PADS OF ELGIN – Emergency Shelter Program Pay rent for their facilities where emergency shelter and homeless prevention services are provided. Submitting Agency: PADS of Elgin Location: 1730 Berkley Street, Elgin Proposed Level of Funding: $50,000 Property Owner: Berkley Court Properties, LLC 8. RENZ ADDICTION COUNSELING CENTER – Driveway and Parking Lot Pavement Provide funding for the removal, disposal, and resurfacing of asphalt from the Summit Street entrance driveway and extending to the outpatient facility parking lot located at 2 American Way in Elgin. Submitting Agency: Renz Addiction Counseling Center Location: Two American Way, Elgin Proposed Level of Funding: $35,000 Property Owner: Renz Addiction Counseling Center 9. SENIOR SERVICES ASSOCIATES – Rental Reimbursement Pay rent for their facilities where educational and wellness programs are offered to Elgin’s senior citizens. Submitting Agency: Senior Services Associates Location: 101 South Grove Avenue, Elgin Proposed Level of Funding: $29,250 Property Owners: 101 S. Grove – Senior Services Associates, Inc 105 S Grove and 205 Fulton – LaSalle Trust #A7712481503 10. WAYSIDE CROSS MINISTRIES – Emergency Shelter Assistance Pay rent for their facilities where emergency shelter and homeless prevention services are provided. Submitting Agency: Wayside Cross Ministries Location: 1732 Berkley Street, Elgin Proposed Level of Funding: $25,000 Property Owner: Berkley Court Properties, LLC MARCH 20, 2013 VOLUME LXXVIII 160 11. WELL CHILD CENTER – Target Green HVAC Replacement – Phase II Provide funding to replace four rooftop HVAC units at the existing facility. Submitting Agency: Well Child Center Location: 620 Wing Street, Elgin Proposed Level of Funding: $48,610 Property Owner: Elgin Well Child Conference and Health Referral Services Section 2. That the City Manager or his designee is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-58 ADOPTED AUTHORIZING EXECUTION OF A CLAIMS SERVICE AGREEMENT ADDENDUM NO. 1 TO THE AGREEMENT DATED OCTOBER 1, 2010, WITH THE TRAVELERS INDEMNITY COMPANY Councilmember Moeller made a motion, seconded by Councilmember Steffen, 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. 13-58 RESOLUTION AUTHORIZING EXECUTION OF A CLAIMS SERVICE AGREEMENT ADDENDUM NO. 1 TO THE AGREEMENT DATED OCTOBER 1, 2010, WITH THE TRAVELERS INDEMNITY COMPANY 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 Claims VOLUME LXXVIII MARCH 20, 2013 161 Service Agreement Addendum No. 1 to the Agreement dated October 1, 2010, with The Travelers Indemnity Company on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass Ordinance Nos. G16-13 through G18-13, as well as S1-13 through S4-13 and adopt Resolution Nos. 13-47 through 13-56 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-47 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 3A SUBDIVISION Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-47 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 3A 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 3A Subdivision which include: sanitary sewer, water main, storm sewer, pavement, sidewalk, bike path, street lights, signs, and parkway trees. Acceptance of the public MARCH 20, 2013 VOLUME LXXVIII 162 improvements will add the following city-maintained facilities: Approximately 8,326 lineal feet of 8-inch water main; 821 lineal feet of 12-inch water main; 21, 8-inch valves in 4-foot vaults; 6, 12-inch valves in 5-foot vaults; 37 fire hydrants; 8,638 lineal feet of 8-inch sanitary sewer; 51 sanitary manholes; 3,976 lineal feet of 12-inch storm sewer; 1,651 lineal feet of 15-inch storm sewer; 1,041 lineal feet of 18-inch storm sewer; 1,277 lineal feet of 21-inch storm sewer; 191 lineal feet of 24-inch storm sewer; 639 lineal feet of 27-inch storm sewer; 883 lineal feet of 30- inch storm sewer; 158 lineal feet of 36-inch storm sewer; 150 lineal feet of 48-inch storm sewer; 89 catch basins; 98 storm manholes; 42 street signs; 48 street lights; 1,334 lineal feet of bike path and 12,190 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. Notwithstanding the foregoing, and for the purposes of clarification, improvements not being accepted at this time include Phase II of Heritage Park (as defined in the second amendment to the annexation agreement) and parkway improvements (sidewalk, trees, mulch and sod) adjacent to Heritage Park on Moulton Avenue, Friendship Street, Fountain Avenue and Heritage Parkway. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-48 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE NORTHERN ILLINOIS FOOD BANK FOR REIMBURSEMENT OF CONSTRUCTION COSTS ASSOCIATED WITH THE FOOD DISTRIBUTION AND COMMUNITY NUTRITION CENTER Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII MARCH 20, 2013 163 Resolution No. 13-48 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE NORTHERN ILLINOIS FOOD BANK FOR REIMBURSEMENT OF CONSTRUCTION COSTS ASSOCIATED WITH THE FOOD DISTRIBUTION AND COMMUNITY NUTRITION CENTER 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 Northern Illinois Food Bank for reimbursement of construction costs associated with the food distribution and community nutrition center, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-49 ADOPTED AUTHORIZING PURCHASE OF OFFICE FURNITURE FOR THE 311 CONTACT CENTER FROM RIEKE OFFICE INTERIORS Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-49 RESOLUTION AUTHORIZING PURCHASE OF OFFICE FURNITURE FOR THE 311 CONTACT CENTER FROM RIEKE OFFICE INTERIORS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to purchase office MARCH 20, 2013 VOLUME LXXVIII 164 furniture for the 311 Contact Center from Rieke Office Interiors for the total amount of $53,508 pursuant to the quotations therefor dated January 24, 2013 and February 7, 2013, copies of which are attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, is hereby authorized and directed to execute documents necessary in conjunction with the subject purchase authorized herein. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-50 ADOPTED AUTHORIZING EXECUTION OF A LOCAL GOVERNMENT ENTITY AUTHORIZED USER AGREEMENT WITH VERIZON WIRELESS FOR CITYWIDE CELLULAR DATA SERVICES Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-50 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL GOVERNMENT ENTITY AUTHORIZED USER AGREEMENT WITH VERIZON WIRELESS FOR CITYWIDE CELLULAR DATA 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 Local Government Entity Authorized User Agreement with Verizon Wireless on behalf of the City of Elgin for citywide cellular data services, a copy of which is attached hereto and made a part hereof by reference, and pursuant to the State of Illinois Statewide Wireless Master Contract. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVIII MARCH 20, 2013 165 Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-51 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY FOR THE DONATION OF APPROXIMATELY 81.89 VACANT ACRES OWNED BY THE CITY LOCATED SOUTH OF THE CHICAGO AND NORTHWESTERN RAILROAD TRACKS AND WEST OF RANDALL ROAD (TYLER CREEK WETLAND) Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-51 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY FOR THE DONATION OF APPROXIMATELY 81.89 VACANT ACRES OWNED BY THE CITY LOCATED SOUTH OF THE CHICAGO AND NORTHWESTERN RAILROAD TRACKS AND WEST OF RANDALL ROAD (Tyler Creek Wetland) 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 Agreement with Forest Preserve District of Kane County on behalf of the City of Elgin for the donation of approximately 81.89 vacant acres owned by the city located south of the Chicago and Northwestern Railroad tracks and west of Randall Road (Tyler Creek Wetland), a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, are hereby authorized and directed to execute all documents necessary in conjunction with the subject Intergovernmental Agreement. s/ David J. Kaptain David J. Kaptain, Mayor MARCH 20, 2013 VOLUME LXXVIII 166 Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-52 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT TO LICENSE AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY REGARDING THE BURNIDGE AND EAGLES CLUB PROPERTIES Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-52 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO LICENSE AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY REGARDING THE BURNIDGE AND EAGLES CLUB PROPERTIES 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 amendment to license agreement on behalf of the City of Elgin with Forest Preserve District of Kane County in connection with the Burnidge and Eagles Club Properties, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII MARCH 20, 2013 167 RESOLUTION 13-53 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH WAYSIDE CROSS MINISTRIES FOR REIMBURSEMENT OF MONTHLY RENTAL COSTS FOR THE PERIOD OF JUNE 1, 2011 THROUGH MAY 31, 2012 Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-53 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH WAYSIDE CROSS MINISTRIES FOR REIMBURSEMENT OF MONTHLY RENTAL COSTS FOR THE PERIOD OF JUNE 1, 2011 THROUGH MAY 31, 2012 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 Wayside Cross Ministries for reimbursement of monthly rental costs for the period of June 1, 2011 through May 31, 2012, associated with the lease of the facility at 1732 Berkley Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MARCH 20, 2013 VOLUME LXXVIII 168 RESOLUTION 13-54 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-54 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED 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 is hereby authorized and directed to execute a grant agreement with the Fox River Study Group for continued support of the Fox River Watershed Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-55 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT ACTIVITY Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII MARCH 20, 2013 169 Resolution No. 13-55 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT ACTIVITY 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 Economic Development Services Agreement on behalf of the City of Elgin with the Elgin Area Chamber of Commerce for economic development activity, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G16-13 PASSED AMENDING CHAPTER 2.31 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM" Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G16-13 AN ORDINANCE AMENDING CHAPTER 2.31 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.31.050 of the Elgin Municipal Code, 1976, as amended, entitled “Grant Program” be and is hereby amended to read as follows: MARCH 20, 2013 VOLUME LXXVIII 170 2.31.050: GRANT PROGRAM: A. Fund Distribution: The money budgeted for the neighborhood improvement grant program shall be divided into three (3) funds: 1. Mini-Green Project Fund. 2. Sustainable Neighborhood Project Fund. 3. Tree Replacement Project Fund. B. Eligible Activities: Each proposed activity or project shall demonstrate the benefit it will be conferring upon the neighborhood represented by the neighborhood group or organization applying for the grant and shall also take place within the boundaries of that neighborhood. When applicable, the following conditions shall also apply: 1. Mini-Green Project Fund: a. Projects requiring physical improvements or additions to the neighborhood shall be located on publicly owned property. b. All projects must be compatible with the Elgin Sustainability Action Plan (ESAP) and related policies. c. Projects or activities requiring services to be rendered shall be provided to all members of the public without charge. d. Residents of the neighborhood shall be active participants in the planning and implementation of the project. e. All projects or activities shall be completed within six (6) months from the date of the execution of the grant agreement. For projects delayed by unforeseen or unanticipated circumstances outside of control of grantee, a ninety (90) day extension may be requested after three (3) months from the date of the award. All extensions are subject to the approval of the director. f. Project or activity requests shall be no less than two hundred fifty dollars ($250) and no more than one thousand dollars ($1,000.00). 2. Sustainable Neighborhood Project Fund: VOLUME LXXVIII MARCH 20, 2013 171 a. Projects requiring physical improvements or additions to the neighborhood shall be located on publicly owned property. b. All projects must be compatible with the Elgin Sustainability Action Plan (ESAP) and related policies. c. Projects or activities requiring services to be rendered shall be provided to all members of the public without charge. d. Residents of the neighborhood shall be active participants in the planning and implementation of the project. e. All projects or activities shall be completed within a twelve (12) month period from the date of the execution of the grant agreement. For projects delayed by unforeseen or unanticipated circumstances outside of control of grantee, a twelve (12) month extension may be requested after nine (9) months from the date of the award. All extensions will be subject to the approval of the director. f. Project or activity requests shall be not less than one thousand dollars ($1,000.00) nor more than fifteen thousand dollars ($15,000.00). 3. Tree Replacement Project Fund a. Projects involving the replacement ash trees that have been removed within the previous three years of the date on which the application has been filed. b. Documentation establishing previous ash tree removal on the private property for which a replacement tree is being requested shall be provided. c. Eligible replacement trees shall consist of those trees designated as “Species A” or “Species B” as designated in the “Tree List” of the city’s tree preservation ordinance. e. Residents shall be reimbursed fifty percent of the cost of a single, non-native to Illinois tree planted on their private property and seventy-five percent for a native Illinois tree planted on their private property. Sales tax, delivery and installation charges shall be exempt from reimbursement. C. Eligible Participants: Eligible participants shall include any group or organization meeting each of the following requirements: MARCH 20, 2013 VOLUME LXXVIII 172 1. Neighborhood based organizations of residents or businesses registered with the city of Elgin Community Outreach office. 2. Ad hoc group of residents who have formed a committee solely for the purpose of the specific project. The applicant group must be sponsored by a registered neighborhood based organization. 3. The group's or organization's meeting dates and times must be publicized within the geographic area of the city represented by the group or organization and the meetings must be open to the public. 4. Individual residents or a homeowners’ association applying on behalf of its residents provided that such participants are applying for private property tree replacement under the Tree Replacement Project Fund. D. Grants: The selection of grant recipients and the amount of each grant shall be determined by the city council. Grants will be awarded to eligible neighborhood groups or organizations. The number of grants awarded and the amount of each grant may vary depending upon the amount of funds allocated for the program, number of program applicants and the cost of each proposed project or activity. 1. Mini-Green Project Fund: a. Applications shall be received by the director on a first come first serve basis throughout the program year. b. The director shall create a grant application and guidelines consistent with this chapter. c. The director shall process all grant applications and make all determinations of funding based on the fact that all minimum criteria for funding has been established by the applicant. d. Grants will be awarded for no greater than one thousand dollars ($1,000.00). e. The number of grants awarded may vary depending upon the amount of funds allocated for the program, number of program applicants and the cost of each proposed project or activity. 2. Sustainable Neighborhood Project Fund: a. A deadline for submission of grant applications shall be established annually by the director. VOLUME LXXVIII MARCH 20, 2013 173 b. The director shall create a grant application and guidelines consistent with this chapter. c. The director shall receive and process all grant applications for submission to the city council. The final selection of grant recipients and the amount of each grant shall be determined by the city council. d. Grants will be awarded in amounts no less than one thousand dollars ($1,000.00) and no greater than fifteen thousand dollars ($15,000.00). e. The number of grants awarded may vary depending upon the amount of funds allocated for the program, number of program applicants, and the cost of each proposed project or activity. E. Matching Funds and Neighborhood Participation: 1. For every dollar requested from the city, the applicant must provide at least a dollar of matching funds in the form of cash, donated professional services or materials, or volunteer labor. 2. The amount and type of match must be appropriate to the needs of the proposed project as reasonably determined by the director. 3. The applicant must be prepared to justify that each element of the match, in the amount proposed, is required to complete the proposed project. 4. No matching funds can include monies from another city funded source. 5. The value of all volunteer labor will be valued at a standard rate to be determined by the director in accordance with the consumer price index. 6. Professional services are valued at the reasonable and customary retail value of the product or service. F. Grant Application And Award: The director shall create a grant application consistent with this chapter. The director shall receive and process all grant applications for submission to the city council and shall annually establish a final date on which applicants may submit applications for review. The director shall also annually establish the award date for grant applications and an annual completion date for any awarded project or activity. MARCH 20, 2013 VOLUME LXXVIII 174 G. Other Taxing Districts: Grants shall not be awarded for projects that will be constructed on properties owned by another taxing district, other than the city, or for programs affiliated with other taxing districts; unless said projects or programs have a physical, tangible, and visible benefit to the sustainability efforts of the overall neighborhood in which they are located, and receive fifty percent (50%) of their matching funds from that taxing district. H. Grant Recipient Selection: 1. Each application will be reviewed on the basis of a one hundred (100) point rating system, with one hundred (100) points being the highest rating and fifty (50) points being the minimum threshold for consideration of eligibility using the following criteria: a. Municipal Compatibility: (i) Project integrates with the Elgin Sustainability Action Plan (ESAP) and is consistent with city policy and ordinances. (0 to 10 points) (ii) Project or activities requires minimal maintenance and city staff time. (0 to 10 points) b. Community Benefit: (i) Project proposes a creative approach to a neighborhood need or enhancement that helps meet the ESAP goals. (0 to 15 points) (ii) Project activities address a highly recognized need within the neighborhood. (0 to 15 points) c. Participation: (i) Project includes opportunities to involve neighbors in shaping and carrying out the project. (0 to 10 points) (ii) The project promotes opportunities to form partnerships with other groups or organizations to complete joint projects or activities. (0 to 10 points) d. Project Feasibility: (i) The proposal demonstrates excellence in design, planning, and execution of the proposed project or activity. (0 to 10 points) VOLUME LXXVIII MARCH 20, 2013 175 (ii) Budget reliably represents the project’s expenses and revenue. (0 to 10 points) (iii) The proposed project meets all grant guidelines and provides detailed matching contribution by identifying specific dollar matching amounts and specific volunteer scheduling as opposed to generalized representations of matching dollar amounts or volunteer support. (0 to 10 points) Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict . Section 3. 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: March 20, 2013 Passed: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 20, 2013 Published: March 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G17-13 PASSED RELATING TO VIDEO GAMING Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G17-13 AN ORDINANCE RELATING TO VIDEO GAMING WHEREAS, the Illinois Video Gaming Act (230 ILCS 40/1, et seq.) was enacted on July 13, 2009, and legalizes the use of video gaming terminals in certain liquor license establishments and licensed truck stop establishments within the state; and MARCH 20, 2013 VOLUME LXXVIII 176 WHEREAS, Section 27 of the Illinois Video Gaming Act authorizes a municipality to prohibit video gaming within their corporate limits; and WHEREAS, existing City of Elgin ordinances prohibit video gaming within the City of Elgin; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to amend the city ordinances to allow video gaming within the City of Elgin pursuant to the Illinois Video Gaming Act; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of liquor license establishments within the city pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.09.155 of the Elgin Municipal Code, 1976, as amended, entitled "Automatic Amusement Devices" be and is hereby further amended by amending subparagraph F thereof to read as follows: "F. Devices To Be Kept In Plain View; Gambling Devices Prohibited: All such devices shall at all times be kept and placed in plain view of any person or persons who may frequent or be in any place of business where such devices are kept or used. Nothing in this Chapter shall be construed to authorize, permit or license any gambling device, provided, however, video gaming authorized and licensed pursuant to the Illinois Video Gaming Act at 230 ILCS 40/1, et seq., as amended, shall not be prohibited." Section 2. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses by Licensee" be and is hereby further amended by amending subparagraph D thereof to read as follows: "D. Permit any card playing or gambling on the premises, provided, however, video gaming authorized and licensed pursuant to the Illinois Video Gaming Act at 230 ILCS 40/1, et seq., as amended, shall not be prohibited." VOLUME LXXVIII MARCH 20, 2013 177 Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by adding a new section 6.06.015 thereto entitled "Adoption of Provisions of Liquor Control Act" to read as follows: "6.06.015 Adoption of Provisions of Liquor Control Act: The provisions of 235 ILCS Sections 5/4-1 through 5/4-7, Sections 5/6-1 through 5/6-20, Sections 5/6-22 through 5/6-29.1, and Sections 5/6-31 through 5/6-35, as amended, be and are hereby adopted and incorporated by reference. In the event of any conflict between such statutes and the provisions of this chapter or other applicable city ordinances, the provisions of this chapter or other applicable city ordinances shall supersede and control." Section 4. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled "License Classes; Fees:" be and is hereby further amended by deleting subparagraph R which relates to the class P license, by deleting subparagraph S which relates to the class Q license and by deleting subparagraph V which relates to the class T license. Such section is further amended by re-lettering in alphabetical order the remaining subparagraphs of such section. Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by deleting therefrom any remaining references to the class P, class Q or class T liquor license classifications. Section 6. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number To Be Issued:" be and is hereby further amended to read as follows: "A. The number of class A licenses shall not exceed eleven (11) in number. B. The number of class A-1 licenses shall not exceed one (1) in number. C. The number of class B licenses shall not exceed twenty four (24) in number. D. The number of class B-1 licenses shall not exceed ten (10) in number. E. The number of class B-2 licenses shall not exceed two (2) in number. F. The number of class B-3 licenses shall not exceed four (4) in number. MARCH 20, 2013 VOLUME LXXVIII 178 G. The number of class B-4 licenses shall not exceed one (1) in number. H. The number of class C licenses shall not exceed seven (7) in number. I. The number of class C-1 licenses shall not exceed one (1) in number. J. The number of class E licenses shall not exceed eleven (11) in number. K. The number of class E-1 licenses shall not exceed six (6) in number. L. The number of class E-2 licenses shall not exceed three (3) in number. M. The number of class E-3 licenses shall not exceed three (3) in number. N. The number of class F licenses shall not exceed eleven (11) in number. O. The number of class F-1 licenses shall not exceed two (2) in number. P. The number of class M licenses shall not exceed six (6) in number. Q. The number of class R licenses shall not exceed one (1) in number. R. The number of class R-1 licenses shall not exceed one (1) in number. S. The number of class S licenses shall not exceed one (1) in number. T. The number of class U licenses shall not exceed two (2) in number. U. The number of class W licenses shall not exceed one (1) in number. V. The number of class X licenses shall not exceed two (2) in number." VOLUME LXXVIII MARCH 20, 2013 179 Section 7. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents:" be and is hereby further amended by amending subparagraph B thereof to read as follows: "B. Each license application for an initial license at a premises shall be accompanied by a set of floor and site plans prepared under the seal of an architect or engineer licensed to practice in the state. The plans shall show the dimensions of the premises, its location on and the dimensions of its site; the property lines and their relationship to the building and all parking areas located on the property; and the design and layout for determination of occupancy, including, but not limited to, exiting, seating, dining rooms, bars, game and waiting areas, proposed video gaming areas, and position of equipment and fixtures therein whether or not an application for a license has or will be submitted. The plans shall show on the face thereof a written computation of proposed occupancy limits, parking requirements and areas which will be reasonably necessary for loading and unloading. The layout of a licensed premises may not be substantially changed without submission of a new set of plans and approval by the liquor commission. The requirements of this subsection shall not apply to any applicant seeking a class G, H, I, K or K-1 license." Section 8. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents:" be and is hereby further amended by further amending subparagraph C thereof by adding a new subsection 11 thereto to read as follows: "11. Statement and representation from the applicant whether the applicant will be applying for a video gaming license and will be conducting video gaming at the proposed licensed premises." Section 9. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents:" be and is hereby further amended by amending subparagraph D thereof to read as follows: "D. No person shall knowingly furnish false or misleading information or withhold any relevant information on any application for any license required by this chapter nor knowingly cause or suffer another to furnish or withhold such information on his behalf. No person shall knowingly furnish any false or misleading information in the investigation of any application for a license required by this chapter. No person shall willfully withhold any information that is relevant to any such investigation when called upon by any city officials to furnish such information. The furnishing of false or misleading information or withholding any relevant information on any application for any license required by this chapter shall be MARCH 20, 2013 VOLUME LXXVIII 180 grounds for denial of any such application, or if discovered after the granting of the license, shall be grounds for a fine and/or the suspension or revocation of the license." Section 10. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents:" be and is hereby further amended by adding a new subparagraph E thereto to read as follows: "E. A Licensee shall conduct the business at a licensed premises in a manner consistent with the statements and representations made on the Licensee's application before the Local Liquor Control Commission." Section 11. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by adding a new Section 6.06.116 thereto entitled "Video Gaming Regulations" to read as follows: "6.06.116 Video Gaming Regulations Adopted: Regulations of the Illinois Video Gaming Act 230 ILCS 40/1 et seq., as amended, and Title 11 of the Illinois Administrative Code, subtitle D, Video Gaming, Chapter I, Illinois Gaming Board, Art. 1800, Video Gaming (General) (11 Ill. Adm. Code 1800.110 et seq., as amended) be and are hereby adopted and incorporated by reference herein. Such laws and regulations relating to video gaming, as amended, are referred to in this chapter collectively as video gaming regulations." Section 12. That Section 6.06.120 of the Elgin Municipal Code, 1976, as amended, entitled "License; Revocation; Suspensions; Fines:" be and is hereby further amended by amending subparagraph C3 thereof to read as follows: "3. Violation of Federal Law, State Law or Ordinances of the City;". Section 13. That Section 6.06.120 of the Elgin Municipal Code, 1976, as amended, entitled "License; Revocation; Suspensions; Fines:" be and is hereby further amended by further amending subparagraph C thereof by adding a new subsection 6 thereto to read as follows: "6. Failure to conduct the business at the licensed premises in a manner consistent with the statements and representations made on the Licensee's application before the Local Liquor Control Commission." Section 14. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses by Licensee" be and is hereby further amended by adding new subparagraphs AA and BB thereto to read as follows: VOLUME LXXVIII MARCH 20, 2013 181 "AA. Permit the business on the licensed premises to be conducted in a manner inconsistent with the representations on the Licensee's application before the Local Liquor Control Commission. BB. Permit any violation of any video gaming relations." Section 15. 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 16. 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: March 20, 2013 Passed: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 20, 2013 Published: March 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G18-13 PASSED PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS AND UPDATES TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G18-13 AN ORDINANCE PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS AND UPDATES TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.08.050 of the Elgin Municipal Code, 1976, as amended, entitled “Special Meetings” be and is hereby further amended to read as follows: MARCH 20, 2013 VOLUME LXXVIII 182 “2.08.050: SPECIAL MEETINGS: Special meetings may be held at any time by call of the mayor or by the call of four (4) or more councilmen; the call for such meetings shall be in writing duly signed and presented to the city clerk who shall proceed to prepare notice of the special meeting and shall cause the notice to be served personally or by mail on the mayor and all members of the council at least twenty four (24) hours before the meeting. Such notice shall specify the time and place of the special meeting and the matters to be considered at the special meeting. Notice of a special meeting may be waived by attendance at such meeting or by written waiver of notice. No business other than that provided by the call shall be in order at any special meeting. No vote of the city council shall be reconsidered or rescinded at a special meeting unless there are present at the special meeting as many council members as were present when the vote was taken. Special meetings may also be called by a motion, adopted at a regular meeting, specifying the matters to be considered. No notice shall be required for special meetings announced at a regular meeting except to members not present at the time such motion was adopted.” Section 2. That Section 2.08.080 of the Elgin Municipal Code, 1976, as amended, entitled “Rules of Procedure” be and is hereby further amended by amending subparagraph BB thereof to read as follows: “BB. Any rule may be amended or repealed at any regular meeting of the city council upon a prior submission thereof in writing by the mayor or by four (4) or more council members distributed to the members of the city council at least one week in advance of the vote thereon, if the proposed amendment or repeal is approved by two-thirds (⅔) of the council currently holding office.” Section 3. That Section 2.28.010 of the Elgin Municipal Code, 1976, as amended, entitled “Department Established” be and is hereby further amended to read as follows: “2.28.010: DEPARTMENT ESTABLISHED: There is established an administrative department of the city government to be known as the community development department. This department shall include the planning and neighborhood services division, the building and development services division and the code enforcement division. The department shall consist of the community development director and such other employees as may be authorized by the city council.” Section 4. That Section 2.28.030 of the Elgin Municipal Code, 1976, as amended, entitled “Director: Powers and Duties” be and is hereby further amended by amending subparagraph D thereof by deleting subparagraphs 5 and 6 thereof, and by amending subparagraph A thereof and subparagraph D2 to thereof to read as follows: VOLUME LXXVIII MARCH 20, 2013 183 “A. The community development director shall be the city's chief planner and shall be responsible for supervising the employees and the operations of the planning and neighborhood services division, the building and development services division and the code enforcement division.” “D2. The enforcement of all building, property maintenance, health, presentation and zoning codes and ordinances of the city relating to the health and safety and the construction, maintenance, use and preservation of buildings and property as found in this code.” Section 5. That Section 2.44.030 of the Elgin Municipal Code, 1976, as amended, entitled “Corporation Counsel: Duties” be and is hereby further amended by amending subparagraph B thereof to read as follows: “B. The corporation counsel shall be the chief legal officer of the city. It shall be the duty of the corporation counsel to prosecute or defend or supervise the prosecution or defense of all suits of any nature which may be begun by or against the city, or in which the city may be an interested party. He shall supervise all matters pertaining to special assessments. He shall see to the enforcement or collection of all judgments, orders and decrees entered in favor of the city. He shall be the chief legal adviser to the city council and he shall give advice and opinions upon request on any legal subject upon request of the council. He shall attend all regular and special meetings of the council, and assist the council in its deliberations upon the request of any member. The corporation counsel shall have authority to make or approve settlements of lawsuits and controverted claims against or by the city in an amount not exceeding $20,000. The corporation counsel shall also have the authority to implement other settlements of lawsuits and controverted claims against or by the city as directed or authorized by the city council.” Section 6. That Section 2.52.160 of the Elgin Municipal Code, 1976, as amended, entitled “Disciplinary Measures” be and is hereby further amended to read as follows: “The chief of police, with the approval of the city manager, is authorized and empowered to exercise and enforce disciplinary measures against members of the police department for the welfare of the police department and for the purpose of ensuring efficiency among the members thereof. Such disciplinary measures against members of the police department may include suspension without pay or removal or discharge. Suspensions without pay shall be limited to a period of not more than thirty (30) days. The authority of the chief of police to impose disciplinary punishment shall not be limited to the methods described above, namely, suspension or removal or discharge. Except for the chief of police, no member of the police department shall be removed or discharged from the police department except for cause. Discipline for those members of the police department in a collective bargaining unit shall also be subject to any applicable provisions in the then current collective bargaining agreement between the city of Elgin and the subject bargaining unit. Discipline for police sergeants, police lieutenants, police MARCH 20, 2013 VOLUME LXXVIII 184 commanders and police deputy chiefs shall also be subject to applicable grievance procedures in the then current city personnel manual which in cases involving a suspension of more than five (5) days or the removal or discharge from the police department of a police sergeant, police lieutenant, police commander or police deputy chief shall include arbitration. The provisions of this section shall be in lieu of and shall supersede the provisions relating to disciplinary procedures and disciplinary hearings for police officers in the board of fire and police commissioners act at 65 Illinois Compiled Statutes 5/10-2.1-1 et seq., as amended, and in lieu of disciplinary proceedings before the board of fire and police commissioners.” Section 7. That Section 2.52.170 of the Elgin Municipal Code, 1976, as amended, entitled “Appointments” be and is hereby further amended by amending subparagraph B thereof to read as follows: “B. The chief of police, deputy chief and commanders shall be appointed or promoted by the city manager. The deputy chief shall be appointed or promoted from among members of the department holding the rank of commander, lieutenant or sergeant upon the recommendation of the chief of police. Commanders shall be appointed or promoted from among members of the department holding the rank of lieutenant or sergeant upon the recommendation of the chief of police.” Section 8. That Chapter 2.65 of the Elgin Municipal Code, 1976, as amended, entitled “Code Enforcement Department” be and is hereby repealed. Section 9. The Section 3.12.060 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions” be and is hereby further amended by amending the definition of the term employer therein by amending the reference to “820 Illinois Compiled Statutes 214, 1996, as now or hereafter amended.” to read “820 ILCS 405/214, as amended.” Section 10. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled “Basset Training Requirements” be and is hereby further amended by amending subparagraph A thereof by adding to the existing listing of liquor license classifications therein the additional liquor license classification of B-4 and by deleting from the listing of existing liquor license classifications therein the liquor license classification U-1. Section 11. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled “Service Hours” be and is hereby further amended by amending subparagraph A thereof by adding to the existing listing of liquor license classifications listed therein the additional liquor license classification B-4 and by deleting from the existing listing liquor license classifications therein the liquor license classification U-1. Section 12. That Section 19.65.060 of the Elgin Municipal Code, 1976, as amended, entitled “Procedures” be and is hereby further amended by amending subparagraph B thereof to read as follows: VOLUME LXXVIII MARCH 20, 2013 185 “B. Planning And Zoning Commission: The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The development administrator shall forward the application, the written findings and recommendations of the planning department, the written findings and recommendations of the planning and zoning commission, and the transcript of the public hearing to the city council.” Section 13. That Section 19.70.070 of the Elgin Municipal Code, 1976, as amended, entitled “Procedures” be and is hereby further amended by amending subparagraph B thereof to read as follows: “B. Planning And Zoning Commission: The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The planning and zoning commission may grant the variation.” Section 14. 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 15. 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: March 20, 2013 Passed: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 20, 2013 Published: March 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S1-13 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. MARCH 20, 2013 VOLUME LXXVIII 186 Ordinance No. S1-13 AN ORDINANCE ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2013 Official Zoning Map" dated March, 2013 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois. Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map. Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $55.00 and each quadrant map - $25.00. 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 Presented: March 20, 2013 Passed: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 20, 2013 Published: March 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII MARCH 20, 2013 187 ORDINANCE S2-13 PASSED PROVIDING FOR THE ISSUANCE OF $15,955,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE S2-13 IS ON FILE IN THE CITY CLERK’S OFFICE ORDINANCE S3-13 PASSED PROVIDING FOR THE ISSUANCE OF $12,450,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013B, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, FOR THE PURPOSE OF FINANCING VARIOUS CAPITAL IMPROVEMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE S3-13 IS ON FILE IN THE CITY CLERK’S OFFICE ORDINANCE S4-13 PASSED PROVIDING FOR THE ISSUANCE OF $5,025,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013C, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, FOR THE PURPOSE OF FINANCING VARIOUS CAPITAL IMPROVEMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Powell made a motion, seconded by Councilmember Moeller, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE S4-13 IS ON FILE IN THE CITY CLERK’S OFFICE MARCH 20, 2013 VOLUME LXXVIII 188 RESOLUTION 13-56 ADOPTED AUTHORIZING EXECUTION OF A SUBMITTAL TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR CONSIDERATION OF CERTAIN ROADWAY ALTERATIONS TO ASSIST IN ADDRESSING RESIDENTIAL TRAFFIC CONCERNS ON CERTAIN PORTIONS OF ILLINOIS ROUTE 25 Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-56 A RESOLUTION AUTHORIZING EXECUTION OF A SUBMITTAL TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR CONSIDERATION OF CERTAIN ROADWAY ALTERATIONS TO ASSIST IN ADDRESSING RESIDENTIAL TRAFFIC CONCERNS ON CERTAIN PORTIONS OF ILLINOIS ROUTE 25 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 submit to the Illinois Department of Transportation a request for opinion and, where appropriate, approval for roadway alterations including implementing a no passing zone for the length of Liberty from Bluff City Boulevard, pedestrian crosswalk near Ellis Middle School, a prohibition of engine braking, re-striping Illinois Route 25 from Bluff City Boulevard to Chester Street with shoulder lanes, and re-routing Illinois Route 25 around the city of Elgin using West Bartlett Road and Route 59, as outlined in the memorandum datedMarch 20, 2013, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII MARCH 20, 2013 189 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission February 11, 2013 Liquor Commission February 13, 2013 Parks and Recreation Advisory Board January 29, 2013 Committee of the Whole Minutes for February 27, 2013 City Council Minutes for February 27, 2013 Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:24 p.m. s/ Kimberly Dewis April 10, 2013 Kimberly Dewis, City Clerk Date Approved