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HomeMy WebLinkAbouts - October 9, 2013 CC416 OCTOBER 9, 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 October 9, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:00 p.m. The Invocation was given by Pastor Tom Atamian from The Refuge and the Pledge of Allegiance was led by Assistant City Manager Rick Kozal. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE SEPTEMBER 25, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve the September 25, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Councilmember Shaw abstained. COMMUNICATIONS Domestic Violence Awareness Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, violence against women and children continues to become a more prevalent problem and is not confined to any group of people, but across all economic, gender, racial and societal barriers and is supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security and humanity through the systematic use of physical, emotional, sexual, psychological and economic control and/or abuse; and WHEREAS, the impact of domestic violence is wide-ranging, directly affecting families and society as a whole; and VOLUME LXXVIII OCTOBER 9, 2013 417 WHEREAS, it is battered women themselves who have been at the forefront of efforts to bring peace and equity to the home; and WHEREAS, it is fitting to set aside a special time to bring this issue to the attention of all residents of the City of Elgin so they can become better informed and involved in programs to eliminate this epidemic from our society. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the month of October 2013 as Domestic Violence Awareness Month in the City of Elgin and encourage our residents to join forces with victim service programs, criminal justice officials and concerned citizens across the country to raise the public awareness of domestic violence issues. IN WITNESS WHEREOF, I have hereunto set my hand this 9th Day of October, 2013. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT James Harvey announced an upcoming exhibit at Artspace saluting women veterans. Elinor Richoz relayed the success of the recent dedication of Phase Two of the Veteran’s Memorial. She thanked members of city staff including Jim Bell for their efforts. Jason Dusenberry invited residents to attend a discussion with Truth in Accounting and The Heartland Institute on Wednesday October 30th from 7:00 p.m. to 9:00 p.m. featuring Shelia A. Weinberg and Steven Stanek. Michael Gibbons stated his concerns regarding the proposal for 120 S. State Street. He was concerned about overcrowding, parking, set-backs, and lack of green space. Deirdre White announced upcoming Downtown Neighborhood Association events including DNA’s Gala on October 17th. Marchita Kyles commented on the Housing Authority project at 120 S. State Street. Rick Grimm, Jack Darr, and Miriam White commented on the recent display of “The Wall that Heals” and the ongoing Big Read Project. Diane Butz stated she was in favor of the Housing Authority project. Janet Reedy and Herbert Lemore stated they were in favor of the Housing Authority project at 120 S. State Street and felt it would provide a safer and healthier environment for the residents. OCTOBER 9, 2013 VOLUME LXXVIII 418 Alfred Dean announced the 2nd Boxing Scholarship event benefitting the National Latino Peace Officers Association Aurora Chapter Scholarship Fund being held October 27th featuring Chief Jeff Swoboda and Commander Ana Lalley. Wilma Cash stated her support of the Housing Authority project at 120 S. State Street. PETITION 08‐13 APPROVED REQUESTING A MAP AMENDMENT AND A PLANNED DEVELOPMENT TO CONSTRUCT A NEW MIXED USE, MIDRISE 6 STORY BUILDING ADJACENT TO THE EXISTING BUILDING; PROPERTY LOCATED AT 120 AND 132 SOUTH STATE STREET BY THE HOUSING AUTHORITY OF ELGIN AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the project. He introduced Damon Duncan, Executive Director of the Elgin Housing Authority, who provided a presentation with details regarding the project. There was discussion about parking and traffic concerns, setbacks, the impact on the neighborhood, the color scheme, and funding of the project. Councilmember Gavin made a motion, seconded by Councilmember Shaw, to table Petition 08- 13 until the November 6, 2013, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 30‐13 APPROVED REQUESTING A WASH BAY FOR CLEANING OF RENTAL CARS ON SITE; PROPERTY LOCATED AT 1350 E CHICAGO STREET, UNIT 27 Marc Mylott, Community Development Director, provided an overview of the project noting that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. Councilmember Moeller made a motion, seconded by Councilmember Shaw, to approve Petition 30-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G40-13 FAILED GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR IN THE CC1 CENTER CITY DISTRICT (210 DUPAGE STREET) Councilmember Moeller made a motion, seconded by Councilmember Shaw, to remove Ordinance G40-13 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII OCTOBER 9, 2013 419 There was discussion regarding an inspection of the property and the change to the business plan that eliminated the graphic arts studio. Councilmember Moeller made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Moeller, Powell, Shaw, and Steffen. Nays: Councilmembers Dunne, Gavin, Prigge, Rauschenberger, and Mayor Kaptain. Ordinance G40-13 failed to pass. ORDINANCE G44-13 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN There was a discussion regarding the areas impacted by the proposed ordinance and if the sections could be voted on separately. Councilmember Moeller made a motion, seconded by Councilmember Dunne, to vote on the four sections of the ordinance separately. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve Sections 1, 3, and 4 of Ordinance G44-13. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Moeller made a motion, seconded by Councilmember Dunne, to approve Section 2 of Ordinance G44-13. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. Ordinance No. G44-13 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of streets where parking is prohibited under Section 11.60.050O the following: OCTOBER 9, 2013 VOLUME LXXVIII 420 Street Side Area/Time of Restriction Prospect Boulevard East River Bluff Road (west leg) to Slade Avenue, from 9:00 A.M. to 10:00 P.M. and from 3:00 P.M. to 4:00 P.M., Monday through Friday, except holidays Prospect Boulevard West River Bluff Road (west leg) to Cooper Avenue, from 9:00 A.M. to 10:00 A.M. and from 3:00 P.M. to 4:00 P.M., Monday through Friday, except holidays Section 2. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050O the following: Street Side Area/Time of Restriction Congdon Avenue South Dundee Avenue to Prospect Boulevard Prospect Boulevard West Congdon Avenue to Slade Avenue 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 ten days after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2013 Passed: October 9, 2013 Sections 1, 3, and 4 Vote: Yeas: 9 Nays: 0 Section 2 Vote: Yeas: 6 Nays: 3 Recorded: October 9, 2013 Published: : October 11, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII OCTOBER 9, 2013 421 RESOLUTION 13-171 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION FOR PHASE III CONSTRUCTION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 1 NE QUADRANT PROJECT (DOUGLAS AVENUE/KIMBALL STREET TO CONGDON AVENUE/INDIAN DRIVE) There was discussion regarding the location of the path, safety on the roadway, the estimated amount of use of the bike lanes, and if there was support for the project from the residents in the area. Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. Resolution No. 13-171 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION FOR PHASE III CONSTRUCTION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 1 NE QUADRANT PROJECT (Douglas Avenue/Kimball Street to Congdon Avenue/Indian Drive) 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 local agency agreement on behalf of the City of Elgin with the Illinois Department of Transportation for Federal Participation for Phase III construction and construction engineering services in connection with the Elgin Bikeway Plan Route 1 NE Quadrant Project, Douglas Avenue/Kimball Street to Congdon Avenue/Indian Drive, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2013 Adopted: October 9, 2013 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk OCTOBER 9, 2013 VOLUME LXXVIII 422 RESOLUTION 13-172 ADOPTED AUTHORIZING EXECUTION OF AN ILLINOIS DEPARTMENT OF TRANSPORTATION CONSTRUCTION ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS FOR PHASE III CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 1 NE QUADRANT PROJECT (DOUGLAS AVENUE/KIMBALL STREET TO CONGDON AVENUE/INDIAN DRIVE) Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. Resolution No. 13-172 RESOLUTION AUTHORIZING EXECUTION OF AN ILLINOIS DEPARTMENT OF TRANSPORTATION CONSTRUCTION ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS FOR PHASE III CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 1 NE QUADRANT PROJECT (Douglas Avenue/Kimball Street to Congdon Avenue/Indian Drive) 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 Illinois Department of Transportation Construction Engineering Services Agreement on behalf of the City of Elgin with TranSystems for Phase III construction engineering services in connection with the Elgin Bikeway Route 1 NE Quadrant Project, Douglas Avenue/Kimball Street to Congdon Avenue/Indian Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2013 Adopted: October 9, 2013 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII OCTOBER 9, 2013 423 CONSENT AGENDA By unanimous consent, Councilmember Moeller made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. G42-13 and G43-13 and adopt Resolution No. 13-170 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G42-13 PASSED AMENDING CHAPTER 14.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SEWER SYSTEM” Councilmember Moeller made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G42-13 AN ORDINANCE AMENDING CHAPTER 14.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “SEWER SYSTEM” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.08.116 of the Elgin Municipal Code, 1976, as amended, entitled “Sanitary Sewer Lateral Repair Assistance Program” be and is hereby further amended by amending subsection 14.08.116.A thereof to read as follows: “A. The person seeking reimbursement must establish that such person owns and occupies a lawful single-family residential dwelling located on the property served by the subject sanitary sewer lateral within the corporate limits of the city.” 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. 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 OCTOBER 9, 2013 VOLUME LXXVIII 424 Presented: October 9, 2013 Passed: October 9, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 9, 2013 Published: : October 11, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G43-13 PASSED AMENDING CHAPTER 2.29 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “RESIDENTIAL CONVERSION GRANT PROGRAM” Councilmember Moeller made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G43-13 AN ORDINANCE AMENDING CHAPTER 2.29 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “RESIDENTIAL CONVERSION GRANT PROGRAM” WHEREAS, pursuant to Section 6A of Article VII of the 1970 Constitution of the State of Illinois, the City of Elgin is a home rule unit of government duly organized and existing under the Constitution and laws of the State of Illinois; and WHEREAS, the City of Elgin as a home rule unit is authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council has previously established a Residential Conversion Grant Program as provided for in Chapter 2.29 of the Elgin Municipal Code, 1976, as amended; and WHEREAS, the City Council deems it to be in the best interests of the City of Elgin to amend the Residential Conversion Grant Program to specify certain specific priorities for selection of applications for such program. VOLUME LXXVIII OCTOBER 9, 2013 425 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.29.040 of the Elgin Municipal Code, 1976, as amended, entitled “Grant Program” be and is hereby further amended by adding a new subparagraph D thereto to read as follows: “D. Priorities for Selection: Applications for eligible properties and eligible applications shall be awarded based upon the following specific priorities for selection: 1. Owner-occupied property shall be prioritized over a non-owner occupied property. 2. Two-unit property shall be prioritized over multi-unit property. 3. The date the application was submitted, i.e. applications submitted at an earlier date will receive higher priority. 4. Property located within U.S. Census Tracts 8546 and 8514.” 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. 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: October 9, 2013 Passed: October 9, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 9, 2013 Published: : October 11, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk OCTOBER 9, 2013 VOLUME LXXVIII 426 RESOLUTION 13-170 ADOPTED APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE RESIDENTIAL CONVERSION GRANT PROGRAM Councilmember Moeller made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-170 RESOLUTION APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE RESIDENTIAL CONVERSION GRANT PROGRAM WHEREAS, the Residential Conversion Grant Program has been established to provide financial assistance and incentives for property owners of lawful non-conforming multi-family dwellings to convert their properties into their original, conforming residential use; and WHEREAS, in 2013 nine waiting list candidates have been selected by city staff to participate under the Residential Conversion Grant Program; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $231,000 is allocated for the following waiting list candidates under the grant recipient eligibility list. Property Owner Amount 216 Morgan Street Scott Harney $25,000 259 Lovell Street Micaela Sandoval 25,000 418 Mill Street Ramon Rodriguez 25,000 18 Monroe Street David & Kathryn Baugh 25,000 531 Hendee Street Leslie Langlo 25,000 612 Raymond Street Robert Busse 28,000 923 Bellevue Ave. Juan Zepeda 25,000 375 Lovell Street Yolanda Blair/Mario Sanchez 25,000 367 Yarwood Street Cody Tyler-Westar Realty 28,000 TOTAL $231,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. VOLUME LXXVIII OCTOBER 9, 2013 427 BE IT FURTHER RESOLVED that prior to receiving any grant funds recipients shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2013 Adopted: October 9, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Moeller made a motion, seconded by Councilmember Gavin, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Emergency Telephone System Board of Elgin August 15, 2013 Committee of the Whole Minutes for September 11, 2013 City Council Minutes for September 11, 2013 Natural Gas Tax Electricity Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Pending, Probable or Imminent Litigation Against, Affecting, or on Behalf of the Public Body Before a Court or Administrative Tribunal ‐ Exempt Under Section 120/2(c)(11) of the Open Meetings Act OCTOBER 9, 2013 VOLUME LXXVIII 428 Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance ‐ Exempt Under Section 120/2(c) (3) of the Open Meetings Act The meeting adjourned at 10:15 p.m. s/ Kimberly Dewis October 23, 2013 Kimberly Dewis, City Clerk Date Approved