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HomeMy WebLinkAboutn - July 24, 2013 CC306 JULY 24, 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 July 24, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Jon Badie from the Second Baptist Church and the Pledge of Allegiance was led by resident Chuck Keysor. ROLL CALL Roll call was answered by Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: Councilmember Dunne. MINUTES OF THE JULY 10, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve the July 10, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Jeff Allison and representatives from the Downtown Neighborhood Association provided a summary of the 4th of July parade and announced the winning entries. Dan Miller invited the public to attend the Gifford Park Neighborhood Association’s House Walk being held on Saturday September 7th. He also noted that the group was looking for volunteers to help with the annual house walk. Andrew Cuming offered his thoughts on how to address the Elgin Symphony Orchestra’s funds that are owed to the City. Chuck Keysor stated he opposed brickwork in the downtown area. He noted his participation in public input sessions regarding this project and that he preferred to see stamped concrete in the downtown area. Margaret Miller stated her thoughts on the Elgin Symphony Orchestra’s financial situation. She also noted concerns about the status of the Hemmens Cultural Center. VOLUME LXXVIII JULY 24, 2013 307 BID 13-037 AWARDED TO ROLAND MACHINERY CO. FOR THE PURCHASE OF A MINI-EXCAVATOR There was discussion about renting equipment and it was noted that items are rented when it is cost effective. Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve the purchase of one mini-excavator in the amount of $92,990 from Roland Machinery Company. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 13-040 AWARDED TO VERMEER-ILLINOIS, INC. FOR THE PURCHASE OF A STUMP GRINDER Councilmember Moeller made a motion, seconded by Councilmember Gavin, to approve the purchase of one stump grinder in the amount of $39,450 from Vermeer-Illinois, Inc. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 13-044 AWARDED TO COPENHAVER CONSTRUCTION FOR LORD STREET CSO PHASE II PROJECT There was discussion about the amount of reimbursement, maintenance should a property be sold, and the impact on flooding in the area. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to award a contract to Copenhaver Construction in the amount of $304,110 for the Lord Street CSO Green Infrastructure Phase II Project. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SUBURBAN PURCHASING COOPERATIVE AND ILLINOIS JOINT PURCHASING PROGRAM - PUBLIC SAFETY VEHICLE PURCHASES There was discussion regarding hybrid and other alternative fuel vehicle options. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to award contract to Bob Ridding Fleet Sales, Wright Automotive, Miles Chevrolet, and Currie Motors for the total combined amount of $572,179 for the purchase of twenty-five police and code department vehicles to replace existing fleet inventory. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2013 VOLUME LXXVIII 308 PETITION 20-13 APPROVING THE MAP AMENDMENT FROM RC2 RESIDENCE CONSERVATION DISTRICT AND CF COMMUNITY FACILITY DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT, TO ALLOW FOR THE ESTABLISHMENT OF THE HANOVER TOWNSHIP IZAAK WALTON CENTER AND RESERVE; AT THE PROPERTY LOCATED AT 899 JAY STREET; BY BRIAN P. MCGUIRE, SUPERVISOR, REPRESENTING HANOVER TOWNSHIP AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the project and noted that approval was recommended subject to conditions as outlined. Councilmember Gavin made a motion, seconded by Councilmember Shaw, to approve Petition 20-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-120 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CHASTAIN & ASSOCIATES, LLC FOR CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES IN CONNECTION WITH THE 2013 NEIGHBORHOOD STREET REHABILITATION- HAMMOND/COOKANE PROJECT 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. 13-120 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CHASTAIN & ASSOCIATES, LLC FOR CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES IN CONNECTION WITH THE 2013 NEIGHBORHOOD STREET REHABILITATION-HAMMOND/COOKANE 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 on behalf of the City of Elgin with Chastain & Associates, LLC for construction engineering activities-Phase III engineering services in connection with the 2013 Neighborhood Street Rehabilitation-Hammond/Cookane Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVIII JULY 24, 2013 309 Presented: July 24, 2013 Adopted: July 24, 2013 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-121 ADOPTED AUTHORIZING EXECUTION OF SEVENTH AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION FOR DESIGN ENGINEERING SERVICES REGARDING THE 2014 ROADWAY AND STREETSCAPE IMPROVEMENTS IN CONNECTION WITH THE CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE PROGRAM There was discussion regarding the brickwork included in the project. There were concerns over the cost, the look, the maintenance of the brick versus stamped concrete. It was noted that the majority of the project dealt with bridgework and this was the last phase of the Central Business District project. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Resolution No. 13-121 RESOLUTION AUTHORIZING EXECUTION OF SEVENTH AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION FOR DESIGN ENGINEERING SERVICES REGARDING THE 2014 ROADWAY AND STREETSCAPE IMPROVEMENTS IN CONNECTION WITH THE CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE 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 on behalf of the City of Elgin with TranSystems Corporation for design engineering services regarding the 2014 roadway and streetscape improvements in connection with the Central Business District Street Resurfacing and Streetscape Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor JULY 24, 2013 VOLUME LXXVIII 310 Presented: July 24, 2013 Adopted: July 24, 2013 Vote: Yeas: 7 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-122 ADOPTED AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION ELGIN PUBLIC WORKS CHAPTER Councilmember Gavin made a motion, seconded by Councilmember Powell, 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. 13-122 RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION ELGIN PUBLIC WORKS CHAPTER 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 on behalf of the City of Elgin addendum no. 1 to collective bargaining agreement between the City of Elgin and Service Employees International Union Local 73 Municipal Division Elgin Public Works Chapter, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII JULY 24, 2013 311 RESOLUTION 13-123 ADOPTED AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 REGARDING THE INFORMATION SHARING INITIATIVES PROGRAM There was discussion regarding privacy concerns and the other agencies that would be involved in the information sharing program. Councilmember Moeller made a motion, seconded by Councilmember Powell, 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. 13-123 RESOLUTION AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 REGARDING THE INFORMATION SHARING INITIATIVES PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, Colleen Lavery, Finance Director, and Jeffrey Swoboda, Chief of Police, are hereby authorized and directed to execute an Interagency Agreement to accept a grant in the amount of $311,157 from the Illinois Criminal Justice Information Authority under the American Recovery and Reinvestment Act of 2009, regarding the Information Sharing Initiatives Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 24, 2013 VOLUME LXXVIII 312 RESOLUTION 13-124 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH KANE COUNTY FOR CONTRACT SERVICES TO SUPPORT THE CITY OF ELGIN IN THE IMPLEMENTATION OF THE KANE COUNTY DATA EXCHANGE PROJECT Councilmember Moeller made a motion, seconded by Councilmember Gavin, 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. 13-124 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH KANE COUNTY FOR CONTRACT SERVICES TO SUPPORT THE CITY OF ELGIN IN THE IMPLEMENTATION OF THE KANE COUNTY DATA EXCHANGE PROJECT 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 Kane County on behalf of the City of Elgin for contract services to support the City of Elgin in the Implementation of the Kane County Data Exchange Project, 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, be and are hereby authorized and directed to execute an Addendum to Agreement with Kane County on behalf of the City of Elgin regarding the Kane County Data Exchange Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII JULY 24, 2013 313 RESOLUTION 13-125 ADOPTED REPEALING RESOLUTION NO. 13-104 AND AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT AND RIDER REGARDING THE SALE OF 318 SOUTH STREET (NSP PROPERTY) Councilmember Moeller 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. 13-125 RESOLUTION REPEALING RESOLUTION NO. 13-104 AND AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT AND RIDER REGARDING THE SALE OF 318 SOUTH STREET (NSP Property) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Resolution No. 13-104 adopted by the city council on June 26, 2013, be and is hereby repealed. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a real estate contract and rider thereto with Donald Obenauf and Elizabeth Berent on behalf of the City of Elgin for the sale of property commonly known as 318 South Street (NSP Property), for $140,000, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S5-13 PASSED PROVIDING FOR THE DONATION OF SICK LEAVE TO ILL, INJURED OR IMPAIRED EMPLOYEES Councilmember Shaw made a motion, seconded by Councilmember Gavin, to remove the following ordinance from the table. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 24, 2013 VOLUME LXXVIII 314 Councilmember Gavin 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. S5-13 AN ORDINANCE PROVIDING FOR THE DONATION OF SICK LEAVE TO ILL, INJURED OR IMPAIRED EMPLOYEES WHEREAS, it is necessary and desirable to provide for the voluntary transfer of accrued sick leave to ill, injured or impaired employees who have exhausted such sick leave; and WHEREAS, the City Council of the City of Elgin has previously adopted Ordinance No. S11-00 which is an ordinance providing for the donation of sick leave to critically ill employees; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to further amend such ordinance relating to employee eligibility to receive donated sick time and the amount and maximum of time that may be donated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That any full time employee is eligible to receive sick time from another employee or to donate sick time to another employee under the following conditions: a. Sick leave may be donated to an employee by a qualified fellow employee if the former is suffering from a non-work related severe or life threatening illness, injury, impairment or physical or mental condition which has caused or would cause the employee to: 1. Be unable to perform his regular work duties as documented by a medical doctor's certification describing the nature of the illness and prognosis. 2. Take leave without pay, including but not limited to short or long term disability payments. b. An employee shall be eligible to receive donated sick leave if: 1. The employee has exhausted all his paid leave including but not limited to sick leave, personal days and vacation. 2. The employee has one year of service. 3. The request for donation of sick leave to the employee is approved by the city manager or his designee. VOLUME LXXVIII JULY 24, 2013 315 c. An employee shall be eligible to donate sick leave to another employee under the following conditions: 1. The donation of such sick leave will not cause the accrued sick leave balance of the donating employee to be less than 360 hours at the time that donation is requested. 2. The request for donation is submitted to the Human Resources Department in writing in the form prescribed by the Human Resources Director and is approved by the Department Head. 3. The donation is made in eight hour increments. 4. A maximum of eighty (80) hours may be donated per individual. d. When donation of sick leave is requested, and at any other time during the use of donated sick leave, when requested, an employee shall be required by the city to provide a physician’s statement or other medical evidence necessary to establish that the illness, injury, impairment or physical or mental condition is severe or life threatening and prevents the employee from performing his regular work duties. The Department of Labor’s Family Medical Leave Act Certification of Health Care Provider shall be used for such purposes. If an employee fails to provide evidence as required, the use of donated sick leave shall be denied or terminated. e. Donated sick leave may only be used for the duration of the current illness, injury, impairment or physical or mental condition of the employee for whom it was donated. f. Donated sick leave shall not be transferable to any other employee but may be applied retroactively for a period not to exceed 30 calendar days on behalf of the employee for whom it was donated. g. Total donated sick leave cannot exceed six months. h. Use and acceptance of donated sick leave shall terminate upon medical certification that: 1. The severe illness, injury, impair or physical or mental condition is no longer life threatening; or 2. The employee is able to return to work; or 3. The employee terminates, retires or goes on disability. i. Donated sick leave shall be compensated according to the receiving employee's regular rate of pay. The rate of pay of the donating employee shall not be a factor in determining the amount of compensation the recipient employee receives. JULY 24, 2013 VOLUME LXXVIII 316 j. Any unused portion of the sick leave donated shall be prorated among all donating employees based upon the original amount of donated sick time. Donated sick leave shall not be returned to donating employees in increments of less than one full hour or to any person who is no longer a city employee. Section 2. That Ordinances S4-94 and S11-00 be and are hereby repealed. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Passed: July 24, 2013 Vote: Yeas: 8 Nays: 0 Recorded: July 24, 2013 Published: July 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-126 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR THE PURCHASE OF 254 N. STATE STREET AND 206 MILL STREET There was discussion regarding future use of the property and if it was located in the TIF district, as well as concerns related to costs of property maintenance. Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: Councilmembers Rauschenberger and Shaw. VOLUME LXXVIII JULY 24, 2013 317 Resolution No. 13-126 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR THE PURCHASE OF 254 N. STATE STREET AND 206 MILL STREET 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 real estate sale contract on behalf of the City of Elgin with the Donald J. LoBianco Declaration of Trust for the purchase of properties commonly known as 254 N. State Street and 206 Mill for $150,000, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Vote: Yeas: 6 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G29-13 and adopt Resolution Nos. 13-114 through 13-119 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-114 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS ENGINEERS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE KIMBALL STREET DAM INSPECTION PROJECT Councilmember Gavin 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. JULY 24, 2013 VOLUME LXXVIII 318 Resolution No. 13-114 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS ENGINEERS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE KIMBALL STREET DAM INSPECTION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement with Collins Engineers, Inc. on behalf of the City of Elgin for engineering services in connection with the Kimball Street Dam Inspection Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-115 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE MULTI-FAMILY PORTIONS OF PRINCETON WEST PHASES 1, 2 AND 3 SUBDIVISIONS Councilmember Gavin 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. VOLUME LXXVIII JULY 24, 2013 319 Resolution No. 13-115 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE MULTI-FAMILY PORTIONS OF PRINCETON WEST PHASES 1, 2 AND 3 SUBDIVISIONS 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 the multi-family portions of Princeton West Phases 1, 2 and 3 Subdivisions as follows: approximately 6,206 lineal feet of 8-inch water main; 6, 8-inch valves in 4-foot vaults; 4, 8-inch valves in 5-foot vaults; 25 fire hydrants; approximately 6,298 lineal feet of 8-inch sanitary sewer; and 41 sanitary manholes and their respective appurtenances to the city maintained facilities. All other improvements within the multi-family areas are private and are to be maintained by the homeowner’s association. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-116 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR PUBLIC UTILITY PURPOSES FROM REALTY ASSOCIATES FUND IX, LLC OVER A PORTION OF LOT 3 OF RANDALL POINT BUSINESS PARK RESUBDIVISION NO. 1 (1385 MADELINE LANE) Councilmember Gavin 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. JULY 24, 2013 VOLUME LXXVIII 320 Resolution No. 13-116 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR PUBLIC UTILITY PURPOSES FROM REALTY ASSOCIATES FUND IX, LLC OVER A PORTION OF LOT 3 OF RANDALL POINT BUSINESS PARK RESUBDIVISION NO. 1 (1385 Madeline Lane) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts an easement for public utilities and David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement for public utility purposes from Realty Associates Fund IX, LLC over a portion of Lot 3 of Randall Point Business Park Resubdivision No. 1 for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-117 ADOPTED AUTHORIZING PURCHASE OF A STRYKER POWER LOAD SYSTEM FROM STRYKER SALES CORPORATION Councilmember Gavin 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. VOLUME LXXVIII JULY 24, 2013 321 Resolution No. 13-117 RESOLUTION AUTHORIZING PURCHASE OF A STRYKER POWER LOAD SYSTEM FROM STRYKER SALES CORPORATION 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 a Stryker Power Load System from Stryker Sales Corporation for the total amount of $32,092.80 pursuant to the quotation therefor dated February 6, 2013, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city for the purchase authorized by this resolution. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-118 ADOPTED AUTHORIZING PURCHASE OF CONSOLE EQUIPMENT IMPROVEMENTS FROM WATSON FURNITURE GROUP FOR EMERGENCY COMMUNICATIONS CENTER DISPATCH Councilmember Gavin 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. 13-118 RESOLUTION AUTHORIZING PURCHASE OF CONSOLE EQUIPMENT IMPROVEMENTS FROM WATSON FURNITURE GROUP FOR EMERGENCY COMMUNICATIONS CENTER DISPATCH 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 console equipment improvements from Watson Furniture Group for emergency communications center JULY 24, 2013 VOLUME LXXVIII 322 dispatch for the total amount of $35,976 pursuant to the quotation therefor dated March 22, 2013, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city for the purchase authorized by this resolution. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-119 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Gavin 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. 13-119 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jeanine Seitz-Patridge, Dr. Franz Stockmann, and Edward Whitcomb be and are hereby reappointed as members of the Board of Health for a term that expires on May 1, 2016. BE IT FURTHER RESOLVED that Pat Crawford and David Hudik be and are hereby reappointed as members of the Elgin Emergency Telephone Board (E-911) for a term that expires on May 1, 2016. BE IT FURTHER RESOLVED that Tom Krebsbach be and is hereby reappointed as a member of the Heritage Commission for a term that expires on May 1, 2016. BE IT FURTHER RESOLVED that Judith Van Dusen be and is hereby appointed as a member of the Heritage Commission for a term to expire May 1, 2016. VOLUME LXXVIII JULY 24, 2013 323 BE IT FURTHER RESOLVED that John Steffen be and is hereby appointed as a member of the Elgin Housing Authority for a term to expire December 1, 2017 . BE IT FURTHER RESOLVED that Dianha Ortega-Ehreth be and is hereby reappointed as a member of the Human Relations Commission for a term that expires on May 1, 2016. BE IT FURTHER RESOLVED that Rich Jacobs and Bill Williamson be and are hereby appointed as members of the Human Relations Commission for a term to expire May 1, 2016. BE IT FURTHER RESOLVED that Lauren Bullaro and Herbert Gross be and are hereby reappointed as members of the Image Advisory Commission for a term that expires on May 1, 2016. BE IT FURTHER RESOLVED that Karen Beyer be and is hereby appointed as a member of the Planning and Zoning Commission for a term to expire July 1, 2016. BE IT FURTHER RESOLVED that Jay Cox and Loretta Revesz be and are hereby reappointed as members of the Planning and Zoning Commission for a term that expires on July 1, 2016. BE IT FURTHER RESOLVED that Jim Bell be and is hereby appointed as a member of the Sustainability Commission for a term to expire June 1, 2015. BE IT FURTHER RESOLVED that Bill Wolf be and is hereby appointed as a member of the Sustainability Commission for a term to expire June 1, 2014. BE IT FURTHER RESOLVED that Ryan Philip Jacox and Laura Blobaum Knoerr be and are hereby reappointed as members of the Sustainability Commission for a term that expires on June 1, 2016. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2013 Adopted: July 24, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 24, 2013 VOLUME LXXVIII 324 ORDINANCE G29-13 PASSED GRANTING A CONDITIONAL USE FOR A DANCE STUDIO IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (1380 DUNDEE AVENUE, SUITE E) Councilmember Gavin 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. G29-13 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DANCE STUDIO IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (1380 Dundee Avenue, Suite E) WHEREAS, written application has been made requesting conditional use approval for an establishment of a dance studio in the NB Neighborhood 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 WHEREAS, the City Council of the City of Elgin concurs with 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 June 3, 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 the establishment of a dance studio in the NB Neighborhood Business District at 1380 Dundee Avenue, Suite E and legally described as follows: LOTS 13 AND (EXCEPT THE EASTERLY 10.33 FEET), AND 15 IN BLOCK 1, IN TROUT PARK RIVER BLUFF ADDITION IN THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1924 IN BOOK 23 OF PLATS, PAGE 49 AS DOCUMENT 238582, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (Property commonly known as 1380 Dundee Avenue, Suite E). be and is hereby granted subject to the following conditions: VOLUME LXXVIII JULY 24, 2013 325 1. Substantial conformance to the Statement of Purpose and Conformance and Attachments, submitted by Ivangel Dance Studio Quinceaneras Inc., dated received March 29, 2013. In the event of any conflict between such Statement of Purpose and Conformance including the attachments thereto and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Exhibit “A” Site Plan, submitted by Ivangel Dance Studio Quinceaneras Inc., dated received March 29, 2013. 3. Substantial conformance to the Exhibit “B” Floor Plan, submitted by Ivangel Dance Studio Quinceaneras Inc., dated received March 29, 2013. 4. The dance studio will be restricted to tenant space Suite E, located at 1380 Dundee Avenue. 5. Prior to the issuance of a certificate of occupancy, the owner/operator of Suite E shall demonstrate that music is not discernible on either side of the said tenant space. At no time shall any music be audible coming from Suite E to either side of said tenant space. 6. The maximum occupant load for 1380 Suite E per the 2012 International Building Code, as amended, shall be 19 people. 7. 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: July 24, 2013 Passed: July 24, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: July 24, 2013 Published: July 25, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 24, 2013 VOLUME LXXVIII 326 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Gavin, 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. Board of Health Minutes April 8, 2013 Emergency Telephone System Board May 16, 2013 Planning & Zoning June 3, 2013 Police Pension Fund Board April 17, 2013 Police Pension Fund Investment Committee June 27, 2013 Committee of the Whole Minutes for June 26, 2013 City Council Minutes for June 26, 2013 Telecommunications Tax Sales Tax Local Sales Tax State Income Tax State Use Tax Natural Gas Tax Electricity Tax Hotel/Motel Tax Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Moeller made a motion, seconded by Councilmember Steffen, 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 8:16 p.m. s/ Kimberly Dewis August 14, 2013 Kimberly Dewis, City Clerk Date Approved