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HomeMy WebLinkAboutv - November 20, 2013 CC463 VOLUME LXXVIII NOVEMBER 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 November 20, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:20 p.m. The Invocation was given by Reverend Cynthia Hill from the Joy River Baptist Church and the Pledge of Allegiance was led by Dr. José M. Torres, Superintendent of U-46, and members of Highland Elementary School. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE NOVEMBER 6, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Powell made a motion, seconded by Councilmember Moeller, to approve the November 6, 2013, Council Meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Governor’s Hometown Award Recognition Karen Fox and Denise Raleigh presented information regarding the recently awarded Governor’s Hometown Award. The award was for the 2012 Summer Reading program “Reading is Delicious” and the related community programming. RECOGNIZE PERSONS PRESENT Deb Perryman urged the council to move forward to correct stormwater management issues and implement best practices in dealing with the situation. Ed Cannon related his personal experiences with the local not for profit agencies and urged residents to support these community groups. NOVEMBER 20, 2013 VOLUME LXXVIII 464 Rick Poulton asked the council to consider railroad crossing quiet zones and other safety measures at rail crossings. BID 13-058 AWARDED TO COMBINED FLUID PRODUCTS COMPANY FOR THE PURCHASE OF A PUMP VACUUM PRIMING SYSTEM FOR AIRLITE WATER TREATMENT PLANT Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract to Combined Fluid Products Company in the amount of $44,512 for the purchase of a Vacuum Priming System to replace the booster pump vacuum priming system at Airlite Water Treatment plant to ensure the ability to properly pump water to the distribution system. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APPROVED THE NATIONAL JOINT PURCHASING ASSOCIATION PURCHASE OF TWO (2) JOHN DEERE 1445 SERIES II COMMERCIAL SNOW REMOVAL AND MOWING UNITS Councilmember Moeller made a motion, seconded by Councilmember Steffen, to approve the purchase of two (2) John Deere 1445 Series II snow removal and mowing units in the amount of $49,901 to maintain city infrastructure. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APPROVED THE NATIONAL JOINT PURCHASING ASSOCIATION PURCHASE OF A TORO GROUNDSMASTER 4000-D COMMERCIAL MOWER Councilmember Dunne made a motion, seconded by Councilmember Moeller, to approve the purchase of one Toro Groundsmaster 4000‐D mowing unit in the amount of $46,588 to maintain city infrastructure. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AWARDED A CONTRACT TO F.H. PASCHEN FOR THE AIRLITE WATER TREATMENT PLANT WINDOW REPLACEMENT AND LABORATORY UPGRADE Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to F. H. Paschen for the window replacement and laboratory upgrade at the Airlite Water Treatment Plant in the amount of $151,191 to protect the facility and improve operations. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII NOVEMBER 20, 2013 465 PETITION 14-13 DENIED FOR CONDITIONAL USE TO ESTABLISH ACCESSORY PACKAGE LIQUOR SALES (725 W. CHICAGO STREET – RAM FOOD STORE) Marc Mylott, Community Development Director, provided an overview of the petition. He noted that staff had forwarded a negative recommendation and the Planning and Zoning Commission forwarded a recommendation to approve with the conditions outlined. There was discussion regarding locations proximity to a school and a residential zoned area; pedestrian traffic; other locations in the area that provided alcohol; and the potential impact on the surrounding area. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petition 14-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Powell, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Dunne, Gavin, Moeller, and Prigge. Councilmember Rauschenberger abstained. Motion to approve Petition 14-13 failed. PETITION 31-13 APPROVED FOR A CONDITIONAL USE FOR DRINKING PLACE AND EXTERIOR EATING AND DRINKING FACILITY (550 S. MCLEAN BOULEVARD – D HANGOUT BAR & GRILL) 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 Powell made a motion, seconded by Councilmember Gavin, to approve Petition 31-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 35-13 APPROVED FOR REZONING FROM CF TO PNB OF THE EASTERLY 19.5 ACRE PORTION OF PROPERTY WITH FRONTAGE ALONG MCLEAN BOULEVARD (1700 SPARTAN DRIVE / 700 S. MCLEAN BOULEVARD) Marc Mylott, Community Development Director, provided an overview of the petition 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 Steffen, to approve Petition 35-13 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NOVEMBER 20, 2013 VOLUME LXXVIII 466 RESOLUTION 13-188 ADOPTED AMENDING CERTAIN PREVIOUSLY ADOPTED FIVE-YEAR FINANCIAL PLANS Councilmember Gavin made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Moeller, Powell, Prigge, Shaw, and Mayor Kaptain. Nays: Councilmembers Dunne, Rauschenberger, and Steffen. Resolution No. 13-188 RESOLUTION AMENDING CERTAIN PREVIOUSLY ADOPTED FIVE-YEAR FINANCIAL PLANS WHEREAS, the City of Elgin has previously adopted the 2012-2016 Five-Year Financial Plan pursuant to Resolution No. 11-211; and WHEREAS, the City of Elgin has previously adopted the 2013-2017 Five-Year Financial Plan pursuant to Resolution No. 12-195; and WHEREAS, the 2012-2016 and 2013-2017 Five-Year Financial Plans both included references to a potential stormwater utility fee; and WHEREAS, the City Council has determined not to proceed with a stormwater utility fee and has determined that it is appropriate to remove references to a potential stormwater utility fee from the previously adopted 2012-2016 and 2013-2017 Five-Year Financial Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the previously adopted 2012-2016 and 2013-2017 Five-Year Financial Plans be and are hereby amended by removing all references to a potential stormwater utility fee from such plan documents. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2013 Adopted: November 20, 2013 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII NOVEMBER 20, 2013 467 RESOLUTION 13-189 ADOPTED AUTHORIZING EXECUTION OF AN ADDENDUM TO REAL ESTATE CONTRACT BETWEEN THE DONALD J. LOBIANCO DECLARATION OF TRUST, SELLER, AND THE CITY OF ELGIN, PURCHASER, FOR THE PROPERTY COMMONLY KNOWN AS 254 N. STATE STREET, ELGIN, ILLINOIS, AND 206 MILL STREET, ELGIN, ILLINOIS, DATED JULY 24, 2013 Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-189 RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO REAL ESTATE CONTRACT BETWEEN THE DONALD J. LOBIANCO DECLARATION OF TRUST, SELLER, AND THE CITY OF ELGIN, PURCHASER, FOR THE PROPERTY COMMONLY KNOWN AS 254 N. STATE STREET, ELGIN, ILLINOIS, AND 206 MILL STREET, ELGIN, ILLINOIS, DATED JULY 24, 2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an Addendum to Real Estate Contract Between the Donald J. LoBianco Declaration of Trust, Seller, and the City of Elgin, Purchaser, for the Property Commonly Known as 254 N. State Street, Elgin, Illinois, and 206 Mill Street, Elgin, Illinois, Dated July 24, 2013, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2013 Adopted: November 20, 2013 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk NOVEMBER 20, 2013 VOLUME LXXVIII 468 RESOLUTION 13-190 ADOPTED AUTHORIZING EXECUTION OF A CONSERVATION EASEMENT AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY FOR A PORTION OF THE FORMER FOX RIVER COUNTRY DAY SCHOOL PROPERTY (1600 DUNDEE AVENUE, ELGIN, ILLINOIS) Councilmember Gavin made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-190 RESOLUTION AUTHORIZING EXECUTION OF A CONSERVATION EASEMENT AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY FOR A PORTION OF THE FORMER FOX RIVER COUNTRY DAY SCHOOL PROPERTY (1600 Dundee Avenue, Elgin, Illinois) 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 a conservation easement agreement with Forest Preserve District of Kane County for a portion of the former Fox River Country Day School property, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2013 Adopted: November 20, 2013 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVIII NOVEMBER 20, 2013 469 ORDINANCE G53-13 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. G53-13 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” 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 alcoholic liquor dealers 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 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled “License Classes; Fees:” be and is hereby further amended by amending subparagraph D thereof to read as follows: "D. Classes B-1, B-2, B-3, B-4 and B-5: 1. Class B-1: Package stores for the retail sale of alcoholic liquor limited to beer and wine only, on the premises specified, solely in the original package not for consumption on the premises. The per year license fee is six hundred sixty dollars ($660.00). 2. Class B-2: Package stores for the retail sale of alcoholic liquor limited to beer and wine plus one additional alcoholic liquor only, on the premises specified, solely in the original package not for consumption on the premises. The local liquor control commission shall have the sole discretion for determining the one additional alcoholic liquor in addition to beer and wine being sold, all of which being in the original package not for consumption on the premises. There shall be no exterior signage on any premises issued a class B-2 liquor license indicating or advertising the sale of alcoholic liquor. The per year license fee is seven hundred seventy dollars ($770.00). NOVEMBER 20, 2013 VOLUME LXXVIII 470 3. Class B-3: Package stores for the retail sale of alcoholic liquor limited to beer and wine only, on the premises specified, solely in the original package not for consumption on the premises. A B-3 license shall also be subject to the following additional conditions: a) there shall be no exterior signage on the outside of the licensed premises advertising the sale of alcoholic liquor; b) sales of beer shall be limited to packages of 6-packs or more, and the sale of single serving containers of beer is prohibited including, but not limited to, forty (40) ounce containers; c) the placement of cold product of alcoholic liquor shall be limited to three (3) coolers; d) the shelf space for the placement/display of warm product of alcoholic liquor shall be limited to shelf space sixteen feet (16') long and five feet (5') tall; and e) the floor space devoted to the sale of alcoholic liquor at the licensed premises shall be less than three percent (3%) of the total floor space of the licensed premises. The license fee per year is six hundred sixty dollars ($660.00). 4. Class B-4: Package stores for the retail sale of alcoholic liquor limited to beer and wine only, on the premises specified, solely in the original package not for consumption on the premises. A B-4 license shall also be subject to the limitation that the area(s) used for the displays for the sales of beer and wine shall in total be less than ten percent (10%) of the building floor area of the premises. The license fee per year is six hundred sixty dollars ($660.00). 5. Class B-5: Package stores for the retail sale of alcoholic liquor, on the premises specified, solely in the original package not for consumption on the premises. A B-5 license shall also be subject to the limitation that the area(s) used for the displays for the sales of alcoholic liquor shall in total be less than ten percent (10%) of the building floor area of the premises. The license fee per year is seven hundred seventy dollars ($770.00).” Section 2. 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 eight (8) in number. B. The number of class AA licenses shall not exceed one (1) in number. C. The number of class A-1 licenses shall not exceed one (1) in number. VOLUME LXXVIII NOVEMBER 20, 2013 471 D. The number of class B licenses shall not exceed twenty-two (22) in number. E. The number of class B-1 licenses shall not exceed ten (10) in number. F. The number of class B-2 licenses shall not exceed two (2) in number. G. The number of class B-3 licenses shall not exceed zero (0) in number. H. The number of class B-4 licenses shall not exceed zero (0) in number. I. The number of class B-5 licenses shall not exceed five (5) in number. J. The number of class C licenses shall not exceed seven (7) in number. K. The number of class C-1 licenses shall not exceed one (1) in number. L. The number of class D licenses shall not exceed one (1) in number. M. The number of class E licenses shall not exceed ten (10) in number. N. The number of class E-1 licenses shall not exceed five (5) in number. O. The number of class E-2 licenses shall not exceed three (3) in number. P. The number of class E-3 licenses shall not exceed five (5) in number. Q. The number of class F licenses shall not exceed eight (8) in number. R. The number of class F-1 licenses shall not exceed one (1) in number. S. The number of class M licenses shall not exceed one (1) in number. NOVEMBER 20, 2013 VOLUME LXXVIII 472 T. The number of class R licenses shall not exceed one (1) in number. U. The number of class R-1 licenses shall not exceed one (1) in number. V. The number of class S licenses shall not exceed zero (0) in number. W. The number of class U licenses shall not exceed two (2) in number. X. The number of class W licenses shall not exceed zero (0) in number. Y. The number of class X licenses shall not exceed one (1) in number." Section 3. Section 6.06.060 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Filing; Processing Fee" be and is hereby further amended to read as follows: "Applications shall be directed to and filed with the local liquor control commission. In addition to all other fees imposed the applicant shall also pay a nonrefundable three hundred dollars ($300.00) at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. There shall be no filing fee imposed for any application seeking the issuance of a class G or K license when the city is the applicant. There shall be no filing fee imposed for any application seeking the issuance of a class H, I or K-1 license, nor for any application seeking the issuance of an exterior sales permit, a young adult night permit, an outside event permit or an off site special event permit. Prior to issuance of a new class B license, the applicant shall deposit the sum of ten thousand dollars ($10,000.00) with the city clerk to be placed in the general fund of the city. Prior to issuance of a new class B-1, B-2, B-3, B-4 or B-5 license, the applicant shall deposit the sum of five thousand dollars ($5,000.00) with the city clerk to be placed in the general fund of the city. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the uniform commercial code of Illinois or such other applicable statutes governing bulk sales within the state so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations VOLUME LXXVIII NOVEMBER 20, 2013 473 relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business. Any bond or policy of liability insurance submitted to the local liquor control commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the local liquor control commission that the bond or policy of liability insurance shall be in full force and effect throughout the license period as a condition of doing business pursuant to such license." Section 4. That Section 6.06.090 of the Elgin Municipal Code, 1976, as amended, entitled “License; Issuance Limitations:” be and is hereby further amended by amending subparagraphs C, D and I thereof by adding to the listing of referenced license classes in each such paragraph the additional licenses classes of B-4 and B-5. Section 5. 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 the listing of license classes in subparagraph A thereof by adding thereto the additional license class of B-5. Section 6. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled “Service Hours” be and is hereby further amended by amending the listing of license classes in subparagraph A thereof by adding the thereto additional license class of B-5. Section 7. 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 8. 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: November 20, 2013 Passed: November 20, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 20, 2013 Published: : November 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk NOVEMBER 20, 2013 VOLUME LXXVIII 474 ORDINANCE G40-13 PASSED GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR IN THE CC1 CENTER CITY DISTRICT (210 DUPAGE STREET – BIG HEADS TATTOO – PETITION 25-13) Councilmember Shaw made a motion, seconded by Councilmember Moeller, to remove Ordinance G40-13 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Rauschenberger. Councilmember Shaw made a motion, seconded by Councilmember Moeller, to reconsider Ordinance G40-13. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge. There was a discussion regarding the changes to the proposed project and the reasoning behind these changes. Councilmember Moeller made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge and Rauschenberger. Ordinance No. G40-13 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR IN THE CC1 CENTER CITY DISTRICT (210 DuPage Street) WHEREAS, written application has been made requesting conditional use approval for the establishment of a tattoo parlor in the CC1 Center City 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 August 5, 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 tattoo parlor in the CC1 Center City District at 210 DuPage Street, and legally described as follows: VOLUME LXXVIII NOVEMBER 20, 2013 475 That part of Lots 6, 7 and 8 in Block 11 of the original town of Elgin, on the east side of the Fox River, described as follows: Beginning at a point on the south line of said lot 8, 25 feet west of the southeast corner of said lot 8; thence north parallel with the east line of said lot 8, 96.87 feet; thence east parallel with the north line of said lot 8, 3 feet; thence north parallel with the east line of said lot 8,24 feet to a line drawn parallel with 12 feet south of (measured at right angles) the north line of said lots 6,7 and 8; thence west along said parallel line 154.3 feet to the easterly right of way line of the Chicago and Northwestern Railway; thence southerly along said easterly right of way line, 142.9 feet to the south line of said lot 7; thence east along the south line of said lots 7 and 8, 75.4 feet to the point of beginning, in the city of Elgin, Kane County, Illinois. (Property commonly known as 210 DuPage Street) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by, Attorney Scott G. Richmond, dated received June 20, 2013; and email dated August 20, 2013. In the event of any conflict between such documents and the provisions of this ordinance or any other applicable city ordinance, the provisions of this ordinance or other applicable city ordinance shall supersede and control. 2. Substantial conformance to the Floor Plan, submitted by, Attorney Scott G. Richmond, dated received June 20, 2013. In the event of any conflict between such document and the provisions of this ordinance or any other applicable city ordinance, the provisions of this ordinance or other applicable city ordinance shall supersede and control. 3. The tattoo and body piercing parlor will be restricted to the first floor of the tenant space located at 210 DuPage Street as depicted on the exhibit described in item 2 of this section. 4. The property owner shall commence the rehabilitation of the exterior facade of the building no later than 9 months from the date of this conditional use approval. The scope of the project shall encompass the façade of the building facing DuPage Street and include but not be limited to the rehabilitation of the street level storefront and entryway per the requirements of the city’s Facade Improvement Program. In addition, the property owner shall install and maintain landscaping within planters and/or boxes in front of the building in a manner approved by the Community Development Department. All work shall be completed no later than 12 months from the date of this conditional use approval. 5. There shall be no use or occupancy of the second floor of 210 DuPage Street until a code compliant staircase to such second floor space has been permitted, constructed and inspected. NOVEMBER 20, 2013 VOLUME LXXVIII 476 6. The property owner shall terminate the residential occupancy of the second floor at 15 ½ Ziegler Court no later than December 31, 2013. 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: November 20, 2013 Passed: November 20, 2013 Vote: Yeas: 6 Nays: 3 Recorded: November 20, 2013 Published: : November 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REQUEST TO REMOVE RESOLUTION 13-186 FROM THE CONSENT AGENDA Councilmember Shaw requested that item one of the consent agenda, Resolution 13-186 authorizing the execution of an agreement with Snap Consulting & Associates, LLC For consulting services in connection with Elgin’s Diversity Program, be removed for separate discussion. CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G49-13 through G52-13 and adopt Resolution No. 13-187 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII NOVEMBER 20, 2013 477 RESOLUTION 13-187 ADOPTED AUTHORIZING EXECUTION OF A COLLECTION SERVICES AGREEMENT WITH MUNICIPAL COLLECTIONS OF AMERICA, INC. FOR DEBT COLLECTION SERVICES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-187 RESOLUTION AUTHORIZING EXECUTION OF A COLLECTION SERVICES AGREEMENT WITH MUNICIPAL COLLECTIONS OF AMERICA, INC. FOR DEBT COLLECTION SERVICES 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 Collection Services Agreement on behalf of the City of Elgin with Municipal Collections of America, Inc. for debt collection services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2013 Adopted: November 20, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G49-13 PASSED AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ADMINISTRATIVE ADJUDICATION” Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. NOVEMBER 20, 2013 VOLUME LXXVIII 478 Ordinance No. G49-13 AN ORDINANCE AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ADMINISTRATIVE ADJUDICATION” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1: That Section 11.62.110 of the Elgin Municipal Code, 1976, as amended, entitled “Schedule of Fines and Penalties” be and is hereby further amended by amending Paragraph E thereof to read as follows: “E. Failing to pay the indicated fine within twenty one (21) days of the issuance of the determination of liability and the exhaustion of or the failure to exhaust any administrative review procedures as set forth in section 11.62.090 of this chapter shall result in the imposition of a late payment penalty fee in addition to the fine as follows: 1. A penalty of thirty dollars ($30.00) shall be imposed if the fine is paid more than twenty one (21) days following the issuance of the determination of liability but within forty two (42) days following the issuance of the determination of liability. 2. A penalty of eighty dollars ($80.00) shall be imposed if the fine is paid more than forty two (42) days following the issuance of the determination of liability but within sixty three (63) days following the issuance of the determination of liability. 3. A penalty of two hundred and fifty dollars ($250.00) shall be imposed if the fine is paid more than sixty three (63) days following the issuance of the determination of liability. 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 VOLUME LXXVIII NOVEMBER 20, 2013 479 Presented: November 20, 2013 Passed: November 20, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 20, 2013 Published: : November 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G50-13 PASSED AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ADMINISTRATIVE ADJUDICATION” Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. G50-13 AN ORDINANCE AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ADMINISTRATIVE ADJUDICATION” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1: That Section 11.62.130 of the Elgin Municipal Code, 1976, as amended, entitled “Immobilization, Towing and Impoundment” be and is hereby further amended by amending Paragraph A thereof to read as follows: “A. Any motor vehicle whose registered owner has been determined to be liable for three (3) or more vehicular standing, parking, or compliance regulation violations, for which the fines or penalties assessed remain unpaid, may be immobilized or towed and impounded by a towing contractor designated by the city if: 1. The traffic compliance administrator has determined that a person has been determined to be liable for three (3) or more vehicular standing, parking, or compliance regulation violations, the fines or penalties for which remain unpaid. 2. The person determined to be liable for three (3) or more violations is the registered owner of a motor vehicle located within the city’s jurisdiction.” NOVEMBER 20, 2013 VOLUME LXXVIII 480 3. A pretowing notice has been sent to the registered owner of the motor vehicle which contains, but shall not be limited to, the following: a. A final determination has been made on three (3) or more vehicular standing, parking, or compliance regulation violations, the fines and penalties for which remain unpaid. b. A listing of the violations for which the person has been determined to be liable, which shall include for each violation: (1) The name and address of the registered owner. (2) The state registration number of the vehicle or vehicles registered to the owner. (3) The vehicular standing, parking, or compliance regulation violation notice number. (4) The date of issuance of the violation notices. (5) The total amount of fines and penalties assessed. c. The motor vehicle owned by the person and located within the city is subject to immobilization or towing and impoundment if the fines and penalties are not paid within fourteen (14) days of the date of the notice. The request for hearing shall be deemed filed upon receipt by the traffic compliance administrator. 4. The motor vehicles of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and no timely request for hearing has been filed with the traffic compliance administrator to contest the validity of the notice.” Section 2. That Section 11.62.130 of the Elgin Municipal Code, 1976, as amended, entitled “Immobilization, Towing and Impoundment” be and is hereby further amended by amending Paragraph B thereof to read as follows: “B. Upon the receipt of the request for hearing to contest the validity of the notice of impending immobilization or towing and impoundment, the traffic compliance administrator shall schedule an administrative hearing to contest the validity of said notice by disproving liability for the unpaid final determinations of parking, standing, or compliance violation liability listed on the notice, on the next available hearing date, but in no case shall the hearing be scheduled later than sixty (60) days after the request for hearing is filed. VOLUME LXXVIII NOVEMBER 20, 2013 481 1. The registered owner may contest the validity of the notice by fully completing and signing the request for hearing portion of one notice and by filing the request for hearing with the traffic compliance administrator within, but not later than fourteen (14) days of the date of the notice. Grounds for review shall be limited to documentary evidence which would conclusively disprove liability upon one or both of the following grounds: a. All fines and penalties for the violations cited in the notice have been paid in full. b. The registered owner has not accumulated three (3) or more final determinations of parking or compliance violation liability which were unpaid at the time the notice of impending vehicle immobilization was issued. 2. The traffic compliance administrator shall serve notice of the hearing date upon the registered owner. 3. Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing. 4. Service of the notice shall be complete on the date it is placed in the United States mail. 5. The hearing officer shall render a determination of the objector's claim at the scheduled hearing date.” Section 3. That Section 11.62.130 of the Elgin Municipal Code, 1976, as amended, entitled “Immobilization, Towing and Impoundment” be and is hereby further amended by amending Paragraph E thereof to read as follows: “E. The traffic compliance administrator shall serve a post towing notice upon the registered owner of a vehicle immobilized or towed and impounded under this section which notice shall contain, but not be limited to, the following information: 1. The date of immobilization or towing and date of impoundment. 2. The location of vehicle. 3. A statement that the vehicle was immobilized under this section for nonpayment of fines or penalties assessed for the violation of three (3) or more violations of vehicular standing, parking, or compliance regulations for which the registered owner has been determined liable and notified of impending immobilization or towing and impoundment. NOVEMBER 20, 2013 VOLUME LXXVIII 482 4. The date of notice of immobilization or towing and impoundment. 5. A statement that the registered owner may contest the validity of the immobilization or towing and impoundment by completing and signing the request for hearing portion of the notice and filing the request for hearing with the traffic compliance administrator within, but not later than, fourteen (14) days of the date of the notice. The notice shall be deemed filed upon receipt by the traffic compliance administrator.” Section 4. That Section 11.62.130 of the Elgin Municipal Code, 1976, as amended, entitled “Immobilization, Towing and Impoundment” be and is hereby further amended by amending Paragraph G thereof to read as follows: G. Upon the receipt of a timely request for hearing to contest the validity of the immobilization or towing and impoundment, the traffic compliance administrator shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next available hearing date or if sooner scheduled by the traffic compliance administrator for good cause shown. The traffic compliance administrator shall serve notice of the hearing date upon the registered owner. Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing. Service of the notice shall be complete on the date it is placed in the United States mail. 1. The grounds for review by which the registered owner may contest the validity of the immobilization or impoundment shall be limited to documentary evidence which would conclusively establish that the immobilization or impoundment was erroneous based upon one or both of the following grounds: a. All fines and penalties for the violations cited in the notices upon which the immobilization or impoundment was based have been paid in full prior to the immobilization or impoundment. b. The registered owner has not accumulated three (3) or more final determinations of parking or compliance violation liability which were unpaid at the time of the immobilization or impoundment. 2. An order entered after the hearing to contest the validity of the immobilization or towing and impoundment is a final administrative decision within the meaning of the Illinois administrative review law2, as amended and incorporated herein by reference.” Section 5. 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. VOLUME LXXVIII NOVEMBER 20, 2013 483 Section 6. 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: November 20, 2013 Passed: November 20, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 20, 2013 Published: : November 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G51-13 PASSED AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ADMINISTRATIVE ADJUDICATION” Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. G51-13 AN ORDINANCE AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ADMINISTRATIVE ADJUDICATION” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1: That Section 11.62.150 of the Elgin Municipal Code, 1976, as amended, entitled “Debt to City” be and is hereby further amended to read as follows: “Any fine, penalty or part of any fine or any penalty assessed in accordance with the provisions of this chapter remaining unpaid after the exhaustion of or the failure to exhaust administrative remedies created under this chapter, and the conclusion of any judicial review procedures, shall be a debt due and owing the city and, as such, may be collected in accordance with the applicable law. Any fees or costs incurred by the city with respect to attorneys or private collection agents retained by the city for the collection of debts pursuant to this chapter shall be charged to the offender. Payment in full of any NOVEMBER 20, 2013 VOLUME LXXVIII 484 fine or penalty resulting from a standing, parking, or compliance violation shall constitute a final disposition of that violation.” 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: November 20, 2013 Passed: November 20, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 20, 2013 Published: : November 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G52-13 PASSED AMENDING CHAPTER 10.44 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CHRONIC NUISANCE PROPERTY” Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. G52-13 AN ORDINANCE AMENDING CHAPTER 10.44 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CHRONIC NUISANCE PROPERTY” WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to provide for the abatement of chronic nuisance properties within the City; and WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each municipality may define, prevent and abate nuisances; and VOLUME LXXVIII NOVEMBER 20, 2013 485 WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the definition of and abatement of chronic nuisance properties pertains to the government and affairs of the City of Elgin; and WHEREAS, properties used for the purpose of the commission of illegal acts are directly and indirectly injurious to the public health, safety, peace and welfare; WHEREAS, properties on which ongoing instances of illegal acts occurs encourage other unlawful activities, diminish property values in that area, and cause or threaten to cause danger to persons and/or properties in that area; and WHEREAS, the City Council of the City of Elgin hereby find that properties on which ongoing instances of illegal acts occur constitute and are declared to be public nuisances that shall be abated; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled “Chronic Nuisance Property” be and is hereby amended to read as follows: Chapter 10.44 CHRONIC NUISANCE PROPERTY 10.44.010: ABATEMENT OF CHRONIC NUISANCE PROPERTIES: 10.44.020: DEFINITIONS: 10.44.030: VIOLATIONS: 10.44.040: PROCEDURES: 10.44.050: COMMENCEMENT OF ACTION; REMEDIES: 10.44.060: BURDEN OF PROOF; DEFENSES: 10.44.070: CLOSING PROCEDURES: 10.44.080: SEVERABILITY: 10.44.010 ABATEMENT OF CHRONIC NUISANCE PROPERTIES: A. A Chronic Nuisance Property as defined in this chapter is declared to be a public nuisance. Any certain property within the City of Elgin which becomes a Chronic Nuisance Property is in violation of this Chapter and is subject to its remedies. NOVEMBER 20, 2013 VOLUME LXXVIII 486 B. Any owner or person in charge who permits property under his or her ownership or control to be a Chronic Nuisance Property shall be in violation of this Chapter and subject to its remedies. 10.44.020 DEFINITIONS: ADMINISTRATIVE HEARING OFFICER: A hearing officer authorized to hear and adjudicate nonvehicular code violations under the City of Elgin administrative adjudication system as set forth in chapter 1.25 of this code. CHRONIC NUISANCE PROPERTY: Property upon which three (3) or more instances of any one or any combination of the activities, behaviors, or conduct listed below have occurred during any twelve (12) month period, based upon any three (3) separate factual events that have been independently investigated by any law enforcement or code enforcement agency, resulting in either (1) a case report documenting a violation of either, federal, state, or municipal law as having occurred on the property, or (2) an enforcement action proceeding under either federal, state or municipal law against any owner, tenant, person in charge or other person associated with the property for illegal activity occurring at the property, or within one block or one thousand feet of the property. A. Any offense defined and prohibited by Article 9 of the Illinois Criminal Code of 2012, entitled “Homicide,” 720 Illinois Compiled Statutes 5/9-1 et seq., as amended. B. Any offense defined and prohibited by Article 10 of the Illinois Criminal Code of 2012, entitled “Kidnapping and Related Offenses,” 720 Illinois Compiled Statutes 5/10-1 et seq., as amended. C. Any offense defined and prohibited by Article 11 of the Illinois Criminal Code of 2012, entitled “Sex Offenses,” 720 Illinois Compiled Statutes 5/11-1 et seq., as amended, or by Chapter 10.37 of the Elgin Municipal Code, entitled “Prostitution and Prostitution Related Offenses,” as amended. D. Any offense defined and prohibited by Article 12 of the Illinois Criminal Code of 2012, entitled “Bodily Harm,” 720 Illinois Compiled Statutes 5/12-1 et seq., as amended, or by Chapter 10.12 of the Elgin Municipal Code, entitled “Assault and Battery,” as amended. E. Any offense defined and prohibited by Article 16 of the Illinois Criminal Code of 2012, entitled “Theft and Related Offenses,” 720 Illinois Compiled Statutes 5/16-1 et seq., as amended, or by Chapter 10.56 of the Elgin Municipal Code, entitled “Theft,” as amended. F. Any offense defined and prohibited by Article 18 of the Illinois Criminal Code of 2012, entitled “Robbery,” 720 Illinois Compiled Statutes 5/18-1 et seq., as amended. G. Any offense defined and prohibited by Article 20 of the Illinois Criminal Code of 2012, entitled “Arson,” 720 Illinois Compiled Statutes 5/20-1 et seq., as amended. VOLUME LXXVIII NOVEMBER 20, 2013 487 H. Any offense defined and prohibited by Article 21, Subdivision 1 of the Illinois Criminal Code of 2012, entitled “Damage to Property,” 720 Illinois Compiled Statutes 5/21-1 through 5/21-1.5, inclusive, as amended, or by Chapter 10.48 of the Elgin Municipal Code, entitled “Destruction of Property,” as amended. I. Any offense defined and prohibited by Article 21, Subdivision 5 of the Illinois Criminal Code of 2012, entitled “Trespass,” 720 Illinois Compiled Statutes 5/21-2 through 5/21-9, inclusive, as amended, or by Chapter 10.52 of the Elgin Municipal Code, entitled “Trespass,” as amended. J. Any offense defined and prohibited by Article 24 of the Illinois Criminal Code of 2012, entitled “Deadly Weapons,” 720 Illinois Compiled Statutes 5/24-1 et seq., as amended, or by Chapter 10.88 of the Elgin Municipal Code, entitled “Discharge of Firearms,” as amended. K. Any offense defined and prohibited by Article 25 of the Illinois Criminal Code of 2012, entitled “Mob Action,” 720 Illinois Compiled Statutes 5/25-1 et seq., as amended or by Chapter 10.42 of the Elgin Municipal Code, entitled “Gangs,” as amended. L. Any offense defined and prohibited by Section 26-1 of the Illinois Criminal Code of 2012, entitled “Disorderly Conduct,” 720 Illinois Compiled Statutes 5/26-1, as amended, or by Chapter 10.32 of the Elgin Municipal Code, entitled “Disorderly Conduct,” as amended. M. Any offense defined and prohibited by Article 28 of the Illinois Criminal Code of 2012, entitled “Gambling and Related Offenses,” 720 Illinois Compiled Statutes 5/28-1 et seq., as amended. N. Any offense defined and prohibited by Article 31 of the Illinois Criminal Code of 2012, entitled “Interference with Public Officers,” 720 Illinois Compiled Statutes 5/31-1 et seq., as amended. O. Any offense defined and prohibited by the Illinois Cannabis Control Act, 720 Illinois Compiled Statutes 550/1 et seq., as amended. P. Any offense defined and prohibited by the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/100 et seq., as amended. Q. Any gang-related activity, enterprise, pursuit, or undertaking, or any gang-related criminal offense, as described in the Illinois Streetgang Terrorism Omnibus Prevention Act, 740 Illinois Compiled Statutes 147/1 et seq., as amended. R. Any inchoate offense defined and prohibited by Article 8 of the Illinois Criminal Code of 2012, entitled “Inchoate Offenses,” 720 Illinois Compiled Statutes 5/8-1 et seq., as amended, relating to any of the activities, behaviors, or conduct identified in this section. NOVEMBER 20, 2013 VOLUME LXXVIII 488 S. Violations of subsection 9.40.470.A of this code relative to property care and maintenance. T. Violations of any City of Elgin ordinance or State of Illinois statute controlling or regulating the sale, consumption, possession or use of alcoholic beverages. U. Violations of City of Elgin Property Maintenance Code Section 308, et seq., as amended, relative to rubbish and garbage. V. Violations of the Elgin Municipal Code relating to the unlawful occupancy of or overcrowding at a property. W. Violations of section 9.17.050 of this code relative to graffiti removal. X. Violations of Chapter 10.36 of this coder relative to loitering. Y. Violations of Chapter 10.30 of this code relative to noise. Z. Violations of Chapter 7.04 of this code relative to animals. AA. Violations of Chapter 10.33 of this code relative to public intoxication. CONTROL: The ability to regulate, restrain, dominate, counteract, govern, direct, or affect the conduct that occurs on a property. ENFORCEMENT ACTION: Any of the following actions taken by a law enforcement or code enforcement agency: (1) the physical arrest of an individual, or (2) the issuance of a citation for a violation of law; or (3) a referral of charges to the state’s attorney, corporation counsel, or other appropriate authority for prosecution. OWNER: Any person, agent, partnership, limited liability company or corporation, having any legal or equitable interest whatsoever in the property, together with the buildings, structures, fixtures, or improvements located thereon. Owner includes, but is not limited to: A. A mortgagee in possession in whom is vested 1. All or part of the legal title to the property; or 2. All or part of the beneficial ownership and/or right to the present use and enjoyment of the property; B. An occupant or other person who, by any means whatsoever, has the ability, authority, or right to control what occurs on the property. VOLUME LXXVIII NOVEMBER 20, 2013 489 PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act. PERSON: Any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying, or using property in the City of Elgin. PERSON IN CHARGE: Any person in actual or constructive possession of a property, including but not limited to an owner or occupant of a property under his or her domain, ownership or control. PROPERTY: Any real property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any premises, room, house, business, parking area, loading area, landscaping, yard, building or structure, or any separate part or portion thereof, whether permitted or not. 10.44.030 VIOLATIONS: A. It shall be unlawful for any property in the City to become or remain a chronic nuisance property as defined in this chapter. B. Any person or person in charge who (1) encourages, aids, abets or permits a property to become a chronic nuisance property; (2) encourages, aids, abets or permits a property to continue as chronic nuisance property; or (3) fails to implement reasonable and warranted measures to abate the nuisance condition at a chronic nuisance property, as specified by the chief of police or his designee, shall be in violation of this chapter. C. Each violation of this chapter shall be subject to the remedies set forth in this chapter, and each day that a violation continues shall be considered a separate and distinct offense. 10.44.040 PROCEDURES: Whenever the Chief of Police receives reports and/or documentation of enforcement actions documenting two or more occurrences of activities, behaviors or conduct potentially constituting nuisance activity arising from separate factual events within a twelve (12) month period on or within a property, the Chief of Police shall independently review such reports and/or documentation of enforcement action to determine whether they describe offenses constituting nuisance activities as set forth in section 10.44.020 of this chapter. In the event that the Chief of Police determines that said reports and/or documentation of enforcement action in fact describe offenses constituting such nuisance activities arising from two or more separate factual events, the Chief of Police may take the following actions: A. Notify the person in charge in writing that the property is in danger of becoming a Chronic Nuisance Property. Such notice shall be provided by either personal service or by certified mail, addressed to the owner of the property and the person in charge at the address of the property believed to be a Chronic Nuisance Property, and also at such other address as may NOVEMBER 20, 2013 VOLUME LXXVIII 490 be shown on the tax rolls of the county in which the property is located. The notice shall contain the following information: 1. The street address or a legal description sufficient for identification of the property. 2. A statement that the Chief of Police has information that the property may constitute a Chronic Nuisance Property as defined by this Chapter, with a concise description of the nuisance activities that may exist, or that have occurred. The Chief of Police shall offer the person in charge an opportunity to propose a course of action that the Chief of Police agrees will abate the nuisance activities giving rise to the violation. 3. Demand that the person in charge respond to the Chief of Police within ten (10) days to discuss the nuisance activities. B. After complying with the notification procedures set forth in subsection 10.33.030.A, when the Chief of Police receives an additional report and/or documentation of enforcement action documenting the occurrence of nuisance activity within the same twelve (12) month period at or within a property, the Chief of Police shall independently review such report and/or documentation of enforcement action to determine whether it describes an offense constituting a nuisance activity as set forth in section 10.44.020 of this chapter. In the event that the Chief of Police determines that said report and/or documentation of enforcement action in fact describes an offense constituting such nuisance activity and further determines that the property has become a Chronic Nuisance Property, the Chief of Police shall: 1. Notify the person in charge in writing that the property has been determined to be a Chronic Nuisance Property. The notice shall contain the following: a. The street address or legal description sufficient for identification of the property; b. A statement that the Chief of Police has determined the property to be Chronic Nuisance Property with a concise description of the nuisance activities leading to his/her findings; and c. A demand that the person in charge or owner respond within ten (10) days to the Chief of Police and propose a course of action that the Chief of Police agrees will abate the nuisance activities giving rise to the violation. Such notice shall be provided by either personal service or by certified mail, addressed to the owner of the property and to the person in charge at the address of the property believed to be a Chronic Nuisance Property and also at such other address as may be shown on the tax rolls of the county in which the property is located. A copy of the notice shall also be posted at the property after ten (10) days has elapsed from the service or mailing of the notice to the person in charge and the person in charge has not contacted the Chief of Police. VOLUME LXXVIII NOVEMBER 20, 2013 491 2. If after the notification, but prior to the commencement of legal proceedings by the City pursuant to this Chapter, a person in charge or owner stipulates with the Chief of Police that the person in charge or owner will pursue a course of action that the parties agree will abate the nuisance activities giving rise to the violation, the Chief of Police may agree to postpone legal proceedings for a period of not less than ten (10) nor more than thirty (30) days, except in the case of a nuisance activity as provided for herein where a search warrant was executed at the property. Such action plan may include, but not be limited to, the lawful eviction of tenants engaged in the nuisance activities, taking actions to prohibit third parties engaged in the nuisance activities from being present on the property, the hiring of security officers, and/or the installation of security cameras. If the agreed course of action does not result in the abatement of the nuisance activity or if no agreement concerning abatement is reached within thirty (30) days, the Chief of Police shall request authorization for the Corporation Counsel to commence a legal proceeding to abate the nuisance. 3. Concurrent with the notification procedures set forth herein, the Chief of Police shall send copies of the notice, as well as any other documentation which supports legal proceedings to the Corporation Counsel. 4. The failure of any person to receive notice that the property may be a Chronic Nuisance Property shall not invalidate or otherwise affect the proceedings under this Chapter. C. When a person in charge makes a response to the Chief of Police as required above, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have or are occurring. This subsection does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose. D. References to the Chief of Police in this section shall mean the Chief of Police or the Chief of Police’s designee. 10.44.050 COMMENCEMENT OF ACTION; REMEDIES: A. The Corporation Counsel may commence an action to abate any public nuisance as described above. In the event a court or administrative hearing officer determines property to be a Chronic Nuisance Property, the court or administrative hearing officer may order that the property be closed and secured against all use and occupancy for a period of not less than thirty (30) days, but not more than one hundred and eighty (180) days, and/or the court or administrative hearing officer may order a defendant to take other reasonable, timely and lawful measures to abate the nuisance activity at the property. In addition, the court or administrative hearing officer may, on the motion of the City and upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining such nuisance. NOVEMBER 20, 2013 VOLUME LXXVIII 492 B. In addition to the remedy provided in subsection A of this section, any person found in violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. In the event of a violation, the court or administrative hearing officer may impose upon the owner of the property and/or the person in charge of the property a civil penalty in the amount of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) per day, payable to the City of Elgin, for each day that the violation is found to have existed or continued. In establishing the amount of any civil penalty requested, the court or administrative hearing officer may consider any of the following factors if they need be found appropriate, and shall cite those found applicable: 1. The action or lack of action taken by the person in charge to mitigate or correct the problem at the property. 2. Whether the problem at the property was repeated or continuous. 3. The magnitude or gravity of the problem. 4. The cooperation of the person in charge with the City. 5. The cost incurred by the City in investigating and correcting or attempting to correct the condition. C. In determining what remedy or remedies it shall employ, the court or administrative hearing officer may consider evidence of other conduct which has occurred on the property, including, but not limited to: 1. The disturbance of neighbors; 2. The recurrence of loud and obnoxious noises; 3. Repeated consumption of alcohol in public; 4. The repeated sale or possession of controlled substances or violations of the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., as amended, on the premises; 5. Failure to attend the city’s landlord training class and/or failure to utilize a crime free lease addendum pursuant to chapter 6.37 of this code; 6. Repeated violations of section 308 of the city Property Maintenance Code, chapter 16.12, as amended, relative to rubbish and garbage. D. In addition to any other remedies or penalties under this chapter, a finding that a property has become or Chronic Nuisance Property shall constitute sufficient grounds for the revocation of any rental license that has previously been issued with respect to the property pursuant to section 6.37.090 of the Elgin Municipal Code. VOLUME LXXVIII NOVEMBER 20, 2013 493 10.44.060 BURDEN OF PROOF; DEFENSES: A. In an action seeking closure of a Chronic Nuisance Property, the City shall have the initial burden of showing by preponderance of the evidence that the property is a Chronic Nuisance Property. B. It shall be a defense to an action seeking the closure of a Chronic Nuisance Property that an owner, prior to the notification provided for at Section 10.44.030.A herein, and in good faith, notified a law enforcement agency of suspected illegal activity and initiated the process to commence an eviction action for illegal activity against any tenant or occupant. 10.44.070 CLOSING PROCEDURES: A. In the event that it is determined that the property is an immediate threat to the public safety and welfare, the City may apply to the court or administrative hearing officer for such interim relief, as is deemed by the Chief of Police to be appropriate. In such an event, the notification provisions provided for herein need not be complied with; however, the City shall make a diligent effort to notify the person in charge prior to a court hearing. B. In the event that the court or administrative hearing officer finds the property constitutes a Chronic Nuisance Property as defined in this Section, the court or administrative hearing officer may order the remedy set out above, in addition, in the event that it also finds the person in charge had knowledge of activities or conditions of the property constituting or violating this Chapter and permitted the activities to occur, the court or administrative hearing officer may assess a civil fine as provided above. C. The court or administrative hearing officer may authorize the City of Elgin to physically secure the property against use or occupancy in the event the owner fails to do so within the time specified by the court. In the event that the City is authorized to secure the property, all costs reasonably incurred by the City to affect a closure shall be made and assessed as a lien against the property. If used herein, “costs” mean these costs actually incurred by the City for the physical securing of the property, as well as, tenant relocation costs. D. The City shall prepare a statement of costs of closure and shall thereafter submit said statement to the court for its review. If no objection of the statement is made within the period described by the court or administrative hearing officer, a lien in said amount may be recorded against said property. E. Any person who is assessed the costs of closure and/or any civil penalty by the court or administrative hearing officer shall be personally liable for the payment thereof to the City. 10.44.080 SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this Chapter or application thereof to any person or circumstance, shall for any reason be judged by a court of competent NOVEMBER 20, 2013 VOLUME LXXVIII 494 jurisdiction to be unconstitutional or invalid, said judgment shall not affect, or otherwise invalidate the remainder of this Chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to such revision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered into the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this Chapter would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included.” 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 ten days after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2013 Passed: November 20, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 20, 2013 Published: : November 22, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-186 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SNAP CONSULTING & ASSOCIATES, LLC FOR CONSULTING SERVICES IN CONNECTION WITH THE CITY OF ELGIN’S DIVERSITY PROGRAM Councilmember Shaw asked for clarification as to the expense and how it impacted a line item in the 2014 budget. City Manager Stegall noted that this was for work already performed that it was the interim step in the project that was being contemplated for 2014. Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII NOVEMBER 20, 2013 495 Resolution No. 13-186 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SNAP CONSULTING & ASSOCIATES, LLC FOR CONSULTING SERVICES IN CONNECTION WITH THE CITY OF ELGIN’S DIVERSITY 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 an agreement on behalf of the City of Elgin with Snap Consulting & Associates, LLC for consulting services in connection with the City of Elgin’s diversity program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 20, 2013 Adopted: November 20, 2013 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Moeller, 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. Cultural Arts Commission Minutes for September 9, 2013 Emergency Telephone System Board (E-911) Minutes for September 19, 2013 Foreign Fire Insurance Tax Board Minutes for July 16, 2013 Elgin Police Pension Fund Board Minutes for July 17, 2013 Strategic Plan Commission Minutes for August 27, 2013 Disbursement Report NOVEMBER 20, 2013 VOLUME LXXVIII 496 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 Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:39 p.m. s/ Kimberly Dewis December 4, 2013 Kimberly Dewis, City Clerk Date Approved