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HomeMy WebLinkAbouti - May 8, 2013 CC226 MAY 8, 2013 VOLUME LXXVIII 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 May 8, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 6:00 p.m. The Invocation was given by Pastor Tom Severson from the Vineyard Church and the Pledge of Allegiance was led by Councilmember Tish Powell. PROCLAMATION OF RESULTS OF THE CONSOLIDATED ELECTION FOR THE OFFICE OF COUNCILMEMBERS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS City Clerk Kimberly Dewis read the following proclamation of results of the consolidated election for the office of Councilmembers for the City of Elgin, Kane and Cook Counties, Illinois: PROCLAMATION WHEREAS, a Consolidated Election for the office of Councilmember to be elected at large, of and for the City of Elgin, Kane and Cook Counties, Illinois, was held on April 9, 2013; and WHEREAS, the election authority of Cook County transmitted the results for those precincts located in Hanover Township, Cook County, City of Elgin to the Kane County election authority; and WHEREAS, the election authority of Kane County compiled the results for those precincts located in Campton, Dundee, Elgin, Plato, and Rutland Townships, Kane County, and Hanover Township, Cook County, Elgin, Illinois; and WHEREAS on April 30, 2013, the County Canvassing Board of Kane County met at the County Clerk’s office in Geneva, Illinois, canvassed the returns of the Consolidated Election and issued an Abstract of Votes which was furnished to the Local Election Official of the City of Elgin. NOW, THEREFORE, pursuant to the Abstract of Votes prepared by the Kane County Canvassing Board, it is hereby proclaimed that of the 54,588 registered voters, a total of 5,746 ballots were cast at the Consolidated Election on April 9, 2013. The following number of votes was cast for each candidate for the office of Councilmember of the City of Elgin: VOLUME LXXVIII MAY 8, 2013 227 TWO YEAR TERM Candidate Kane County Cook County Total Toby Shaw 2,893 551 3,444 Craig Dresang 1,529 230 1,759 FOUR YEAR TERM Candidate Kane County Cook County Total Mitchell Esterino 1,695 170 1,865 Terry Gavin 2,035 446 2,481 Richard Dunne 1,774 283 2,057 Rosemarie Kahn 1,055 192 1,247 Robert Gilliam 1,761 244 2,005 John Prigge 2,399 472 2,871 Stephen Knight 471 69 540 Thomas Armstrong 1,318 222 1,540 Andrew Cuming 610 125 735 Cody Holt 1,011 197 1,208 Jerri McCue 507 93 600 Grace Richard 669 93 762 Carol Rauschenberger 1,844 343 2,187 IT IS HEREBY PROCLAIMED that the following person has been elected for the two year term of office of Councilmember for the City of Elgin: Toby Shaw IT IS HEREBY PROCLAIMED that the following persons have been elected to the four year terms of office of Councilmember for the City of Elgin: Richard Dunne Terry Gavin John Prigge Carol Rauschenberger This is to certify that the foregoing Proclamation of Results of the Consolidated Election for the office of Councilmember for the City of Elgin is true and correct. Dated this 8th day of May, 2013 Kimberly Dewis Elgin City Clerk and Local Election Official MAY 8, 2013 VOLUME LXXVIII 228 INAUGURATION OF ELECTED COUNCILMEMBERS Toby Shaw was sworn in by the Honorable James C. Hallock. Terry Gavin was sworn in by the Honorable James C. Hallock. Carol Rauschenberger was sworn in by the Honorable John G. Dalton. John Prigge was sworn in by the Honorable Gene Nottolini. ROLL CALL Roll call was answered by Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: Councilmember Dunne. NEWLY INAUGURATED COUNCILMEMBER COMMENTS Councilmembers Gavin, Rauschenberger, Shaw, and Prigge each thanked their friends, family, and constituents for their support. Councilmember Rauschenberger motioned, seconded by Councilmember Moeller, to recess the City Council meeting and to reconvene at the conclusion of the Committee of the Whole meeting. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The City Council meeting was called back to order at 8:14 p.m. ROLL CALL Roll call was answered by Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: Councilmember Dunne. COMMUNICATIONS Elgin Police Officers Memorial Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the Congress and President of the United States have designated May 15 as National Peace Officer’s Memorial Day; and VOLUME LXXVIII MAY 8, 2013 229 WHEREAS, the members of the Elgin Police Department play an essential role in safeguarding the rights and freedoms of Elgin; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the Elgin Police Department unceasingly provide a vital public service; and WHEREAS, I do hereby order the lowering of these three flags, flying in front of this facility, to Half-Mast for the remainder of this day, as a symbol of our corporate pledge, to honor all those who have served, who now serve, and who will serve our fair City of Elgin. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, declare Wednesday, May 15, 2013, as the ELGIN PEACE OFFICERS MEMORIAL DAY, a day to remember those officers who have gone before us. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 8th day of May, 2013. David Kaptain Mayor Elgin Area Firefighters’ Memorial Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, in 1993 the Illinois Fire Services Association unanimously agreed that a monument should be erected to serve as the official memorial; it was to be located on the grounds adjacent to the state Capital building; and WHEREAS, the Illinois Firefighter Memorial is dedicated to the firefighters of Illinois who have given their lives in the line of duty and to those firefighters who heroically serve with courage, pride and honor; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their fire service agency, and that members of our fire department recognize their duty to serve the people by safeguarding life and property; and MAY 8, 2013 VOLUME LXXVIII 230 WHEREAS, the men and women of the Elgin Fire Department unceasingly provide a vital public service. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, declare Saturday, May 11, 2013, as the ELGIN AREA FIREFIGHTERS’ MEMORIAL DAY, a day to remember those Firefighters who have gone before us, and I hereby order the lowering of the flag flying in front of Fire Barn NO. 5 to half-mast for the remainder of this day, as a symbol of our corporate pledge to honor all those who have served, who now serve, and who will serve our fair City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 8th Day of May, 2013. David Kaptain Mayor Poppy Days Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, America is the land of the freedom, preserved and protected willingly and freely by citizen soldiers; and WHEREAS, millions who have answered the call to arms have died on the field of battle; and WHEREAS, a nation must be reminded of the price of war and the debt owed to those who have died in war; and WHEREAS, the red poppy has been designated as a symbol of the sacrifice of lives in all wars; and WHEREAS, the American Legion and its Auxiliaries, the Veterans of Foreign Wars and its Auxiliaries and the AMVETS have pledged to remind America annually of this debt through the distribution of the memorial flower. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May 16, 17 and 18, 2013, as POPPY DAYS in Elgin and ask all citizens to pay tribute to those who have made the ultimate sacrifice in the name of freedom, by making a donation for and wearing the Memorial Poppy during these days. VOLUME LXXVIII MAY 8, 2013 231 IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of May, 2013. David Kaptain Mayor RECOGNIZE PERSONS PRESENT Lynne Bosley, United Way, thanked the City for the Riverboat Grant. She stated it would be used to further the efforts of the Imagination Library Program. Danise Habun, Human Relations Commission, invited the public to “Who is my Muslim neighbor?” being held on May 19th at 2p.m. at Elgin Community College Building B. Cathy Malkani stated that she was the new Executive Director of the Boys and Girls Club of Elgin. She was excited to be working in the community. Ina Dews stated her concerns about diversity in the city and with city contracts. BID 13-001 AWARDED TO ALLIED PAINTING SERVICES, INC. FOR HEMMENS AUDITORIUM PAINTING Councilmember Moeller made a motion, seconded by Councilmember Steffen, to remove the item from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The Council discussed the extent of the rust and corrosion within the Hemmens. There was also a conversation on other information that would be needed to hold a dialogue regarding the future of the Hemmens Cultural Arts Center. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve contract with Allied Painting Services, Inc. in the amount of $39,450 to provide ongoing maintenance of city buildings in order to strengthen the city’s infrastructure and the overall appearance of the community. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 13-024 AWARDED TO WATER WELLS SOLUTIONS FOR DEEP WELL 6 ABANDONMENT Councilmember Gavin made a motion, seconded by Councilmember Moeller, to approve the agreement with Water Well Solutions of Elburn, Illinois in the amount of $29,101 to continuously provide quality water to Elgin residents. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 8, 2013 VOLUME LXXVIII 232 BID 13-033 AWARDED TO COPENHAVER CONSTRUCTION FOR BRIDGE REHABILITATION PROGRAM There was a discussion regarding the scope of the work and the long term plans to address the repair needs for all of the bridges in the city. Councilmember Moeller made a motion, seconded by Councilmember Gavin, to award the Bridge Rehabilitation Program to Copenhaver Construction in the amount of $471,518 to eliminate structural deficiencies at four city bridges. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 13-034 AWARDED TO COPENHAVER CONSTRUCTION FOR DEMOLITION OF CITY OWNED PROPERTIES There was a discussion regarding other properties in similar condition and what would be done to the lots once demolition had been completed. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve contract with Copenhaver Construction for the demolition of buildings in the amount of $36,800 to remove buildings that are creating a hazard and high demand for service. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING POSTPONED REGARDING A THIRD AMENDMENT TO ANNEXATION AGREEMENT TO PROVIDE FOR THE ESTABLISHMENT OF A NURSING AND PERSONAL CARE FACILITY ON THE PROPERTY LOCATED AT 3271 U.S. HIGHWAY 20 Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, requested to continue the public hearing to the next City Council meeting to be held on May 22, 2013. Councilmember Shaw made a motion, seconded by Councilmember Moeller, to continue the public hearing to the next City Council meeting to be held on May 22, 2013. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII MAY 8, 2013 233 RESOLUTION 13-84 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2013 NEIGHBORHOOD RESURFACING PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Moeller abstained. Resolution No. 13-84 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2013 NEIGHBORHOOD RESURFACING PROGRAM 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 agreement on behalf of the City of Elgin with Christopher B. Burke Engineering, Ltd. for engineering services in connection with the 2013 Neighborhood Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2013 Adopted: May 8, 2013 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-85 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS EMERGENCY MANAGEMENT AGENCY REGARDING A COMMUNITY RESILIENCE EXPO AND A MOBILE CLASSROOM RESILIENCY PROGRAM Councilmember Gavin made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 8, 2013 VOLUME LXXVIII 234 Resolution No. 13-85 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS EMERGENCY MANAGEMENT AGENCY REGARDING A COMMUNITY RESILIENCE EXPO AND A MOBILE CLASSROOM RESILIENCY PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a grant agreement with the Illinois Emergency Management Agency regarding a Community Resilience Expo and a Mobile Classroom Resiliency Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2013 Adopted: May 8, 2013 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUTHORIZATION FOR PAYMENTS Councilmember Moeller made a motion, seconded by Councilmember Powell, to approve the authorization for payments as outlined in the memo provided to the Council. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G21-13 and adopt Resolution Nos. 13-79 through 13-83 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII MAY 8, 2013 235 RESOLUTION 13-79 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR ADDITIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION-STANDISH/ELM PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-79 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR ADDITIONAL 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 amendment agreement no. 1 with Burns & McDonnell Engineering Company, Inc. on behalf of the City of Elgin for additional 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: May 8, 2013 Adopted: May 8, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 8, 2013 VOLUME LXXVIII 236 RESOLUTION 13-80 ADOPTED AUTHORIZING ACCEPTANCE OF DEPARTMENT OF JUSTICE FY2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND RATIFYING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF AURORA, THE CITY OF ELGIN, AND THE COUNTY OF KANE, ILLINOIS-JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD REGARDING TECHNOLOGY-RELATED PURCHASES Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-80 RESOLUTION AUTHORIZING ACCEPTANCE OF DEPARTMENT OF JUSTICE FY2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND RATIFYING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF AURORA, THE CITY OF ELGIN AND THE COUNTY OF KANE, ILLINOIS-JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD REGARDING TECHNOLOGY- RELATED PURCHASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , that the City of Elgin, Illinois hereby accepts the Department of Justice FY2012 Edward Byrne Memorial Justice Assistance Grant in the amount of $18,538.10 and ratifying the execution of an intergovernmental agreement between the City of Aurora, the City of Elgin and the County of Kane, Illinois-Justice Assistance Grant (JAG) Program Award by Jeffrey A. Swoboda, Chief of Police, and Kristie Hilton, Senior Management Analyst, regarding technology-related purchases, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2013 Adopted: May 8, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII MAY 8, 2013 237 RESOLUTION 13-81 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH SMITHGROUP, JJR FOR BIDDING, AWARD, ADMINISTRATION AND ENGINEERING SERVICES IN CONNECTION WITH THE REGIONAL PARK PHASE 1 DEVELOPMENT PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-81 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH SMITHGROUP, JJR FOR BIDDING, AWARD, ADMINISTRATION AND ENGINEERING SERVICES IN CONNECTION WITH THE REGIONAL PARK PHASE 1 DEVELOPMENT 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 amendment agreement no. 1 with SmithGroup JJR on behalf of the City of Elgin for bidding, award, administration and engineering services in connection with the Regional Park Phase 1 Development Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2013 Adopted: May 8, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-82 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT FOR WATER SERVICE Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 8, 2013 VOLUME LXXVIII 238 Resolution No. 13-82 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT FOR WATER SERVICE 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 Fox River Water Reclamation District on behalf of the City of Elgin for water service, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2013 Adopted: May 8, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-83 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MEGGITT TRAINING SYSTEMS, INC. FOR POLICE SHOOTING RANGE RETROFIT Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-83 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MEGGITT TRAINING SYSTEMS, INC. FOR POLICE SHOOTING RANGE RETROFIT 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 VOLUME LXXVIII MAY 8, 2013 239 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Meggitt Training Systems, Inc. for police shooting range retrofit, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2013 Adopted: May 8, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G21-13 PASSED GRANTING A CONDITIONAL USE TO ALLOW FOR THE EXPANSION OF PACKAGE LIQUOR SALES IN THE PAB PLANNED AREA BUSINESS DISTRICT (571 NORTH MCLEAN BOULEVARD AND 1363 MANOR COURT WITHIN THE SHOPPING CENTER AT 551-587 NORTH MCLEAN BOULEVARD) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G21-13 AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW FOR THE EXPANSION OF PACKAGE LIQUOR SALES IN THE PAB PLANNED AREA BUSINESS DISTRICT (571 North McLean Boulevard and 1363 Manor Court within the shopping center at 551-587 North McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales in the PAB Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and MAY 8, 2013 VOLUME LXXVIII 240 WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact dated April 1, 2013, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit a package liquor sales establishment currently located and operating within the tenant space at 571 North McLean Boulevard to expand into the tenant space located at 1363 Manor Court, these properties located within in the PAB Planned Area Business District encompassing the commercial property located at 551-587 North McLean Boulevard and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 in Block 4 of Wing Park Manor to Elgin, (except that part of Lots 1 and 23 dedicated for Public Highway as shown on Plat of Dedication recorded July 14, 1976 as Document Number 1370262), in the City of Elgin, Kane County, Illinois (Property commonly known as 551-587 North McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Mr. Vijay Desai d/b/a Wing Park Liquor, dated December 18, 2012, and revised on January 3, 2013. 2. Substantial conformance with the following documentation: a. Final Plat of Subdivision for Wing Park Manor Addition – Resubdivision No. 1, ordered by DLC Management, prepared by Jacob & Hefner Associates, Inc., dated January 12, 2012 and recorded on June 14, 2012 as Document No. 2012K038712. b. ALTA/ACSM Land Title Survey for the property prepared by Jacob & Hefner Associates, Inc., dated March 12, 2012. c. Exhibit depicting the location of the “original” and “additional” premises entitled “Exhibit A – Additional Premises” dated received January 4, 2013. d. Floor Plan of proposed expansion tenant space entitled “1363 Manor Ct” dated received January 4, 2013. 3. The liquor store and its expanded premises will be restricted to the tenant spaces at 571 North McLean Boulevard and 1363 Manor Court located within the Wing Park Shopping Center. 4. All merchandise stored on site will be limited to be sold at “retail” on the premises. VOLUME LXXVIII MAY 8, 2013 241 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. 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: May 8, 2013 Passed: May 8, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 8, 2013 Published: May 10, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Moeller made a motion, seconded by Councilmember Powell, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Planning and Zoning Commission February 4, 2013 Strategic Plan Commission March 26, 2013 Committee of the Whole Minutes for April 10, 2013 City Council Minutes for April 10, 2013 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. MAY 8, 2013 VOLUME LXXVIII 242 ADJOURNMENT Councilmember Moeller made a motion, seconded by Councilmember Powell, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:56 p.m. s/ Kimberly Dewis May 22, 2013 Kimberly Dewis, City Clerk Date Approved