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HomeMy WebLinkAboutf - April 9, 2014 CC137 VOLUME LXXIX APRIL 9, 2014 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 April 9, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:50 p.m. The Invocation was given by Chaplain Ball from the Elgin Police Department and the Pledge of Allegiance was led by Public Works Director Greg Rokos. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MARCH 19, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the March 19, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS National Telecommunicators Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, each day, thousands of Americans dial 9-1-1 for help in emergencies. The men and women who answer these calls for help, gathering essential information and dispatching the appropriate assistance, can often make the difference between life and death for persons in need; and WHEREAS, the City of Elgin’s Public Safety Telecommunicators are among the more than 200,000 telecommunications specialists who work daily to protect and to promote public safety; and APRIL 9, 2014 VOLUME LXXIX 138 WHEREAS, Public Safety Telecommunicators are more than a calm and reassuring voice at the other end of the phone. They are knowledgeable and highly trained individuals who not only work closely with the Police and Fire Departments, but numerous other State and local agencies as well as other departments within the City; and WHEREAS, because emergencies can strike at any time, we rely on the vigilance and the preparedness of these individuals 24 hours a day, 365 days a year; and WHEREAS, the City of Elgin recognizes the need to maintain the highest standards of public safety, we owe a great debt to the men and women who, by applying their expertise in telecommunications, help to make that achievement possible; and WHEREAS, during this special observance, we acknowledge that debt and extend a heartfelt thank you to each of them; NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, on behalf of the entire City Council and Staff, do hereby proclaim April 13 to April 19, 2014 as National Public Safety Telecommunicators Week. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of April, 2014. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Betsy Couture asked the council to maintain the Fox River Country Day School property, in the same manner as the city would expect its residents. Marty McCormick invited the public to the open house being held at State Representative Anna Moeller’s Elgin office on April 16, 2014 from 5:30 p.m. – 7:00 p.m. at the Professional Building Suite 505. BID 14-010 AWARDED TO H & H LAWN SERVICE INC. FOR THE CONTRACTUAL GROUNDS AND PROPERTY MAINTENANCE PROGRAM FOR CODE ENFORCEMENT There was discussion regarding the lien process and other options to collect the fee incurred when the city must maintain a residential property due to code violations. VOLUME LXXIX APRIL 9, 2014 139 Councilmember Dunne made a motion, seconded by Councilmember Shaw, to award the Contractual Grounds and Property Maintenance Program for Code Enforcement to H & H Lawn Service Inc. for a two‐year term with an option for three, one‐year renewals in an annual amount not to exceed $60,000. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 14-011 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF THE 2014 POOL CHEMICALS City Manager Stegall noted that the Wing Park Pool would remain closed for the summer of 2014. Councilmember Gavin made a motion, seconded by Councilmember Shaw, to award a contract to Halogen Supply Company, Univar, Leslie’s Poolmart Inc., Aqua Pure Enterprises and Mineral Masters for The Centre of Elgin and Lords Park Family Aquatic Center in the total amount of $38,640. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 14-013 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF REPLACEMENT TREES FOR PLANTING IN THE RIGHT-OF-WAY AND OTHER VARIOUS PROPERTIES Councilmember Powell made a motion, seconded by Councilmember Shaw, to approve the purchase 490 trees from Beaver Creek Nursery, St. Aubin Nursery, Fox Ridge Nursery, Wilson Nurseries, Inc., Gro Horticultural Enterprises, and Goodmark Nurseries, LLC in the amount of $85,482. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 14-012 AWARDED TO ALANIZ LAWNCARE FOR TREE PLANTING SERVICES Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve the contract with Alaniz Lawncare for the planting of replacement trees within the right‐of‐way and on other city properties in the amount of $22,680. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 9, 2014 VOLUME LXXIX 140 APPROVED THE SUBURBAN PURCHASING COOPERATIVE AND ILLINOIS JOINT PURCHASING PROGRAM FOR THE PURCHASE OF PUBLIC SAFETY VEHICLES FOR THE POLICE AND PUBLIC WORKS DEPARTMENTS There was a discussion regarding the selection of the vehicles and the implications for replacements in the future. Councilmember Dunne made a motion, seconded by Councilmember Powell, to award contracts to Morrow Brothers and Currie Motors in the amount of $498,759 for the purchase of fourteen police and public works department vehicles. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING REGARDING A SECOND AMENDMENT TO ANNEXATION AGREEMENT TO PROVIDE FOR DEPARTURES FOR FORWARD ORIENTED GARAGES AND CERTAIN SIDE-ENTRY GARAGES ON NEW HOME PRODUCT OFFERED BY MERITUS HOMES (HIGHLAND WOODS NEIGHBORHOOD “F”) Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, provided an overview of the changes to the annexation agreement in which the developer is requesting departures from the garage- orientation requirements of the Far West Area Plan. He noted that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. Mayor Kaptain declared the public hearing closed. PETITION 02-14 APPROVED REQUESTING A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT AND AN AMENDMENT OF PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G16-04, TO ALLOW FOR FORWARD ORIENTED GARAGES AND CERTAIN SIDE-ENTRY GARAGES ON NEW HOME PRODUCT OFFERED BY MERITUS HOMES; AT THE PROPERTY COMMONLY REFERRED TO AS HIGHLAND WOODS NEIGHBORHOOD “F”; BY PINGREE, LLC, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of the changes to the annexation agreement in which the developer is requesting departures from the garage- orientation requirements of the Far West Area Plan. He noted that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. VOLUME LXXIX APRIL 9, 2014 141 Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 02-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-45 ADOPTED AUTHORIZING FILING OF AN APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-45 RESOLUTION AUTHORIZING FILING OF AN APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the preservation and rehabilitation of affordable housing, the rehabilitation of public facilities, and support for public service activities may be addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Seven Hundred Eighty-Six Thousand, Four Hundred and Fifteen Dollars ($786,415) for the following projects: 1. RESIDENTIAL REHABILITATION GRANT PROGRAM Provide grants for the rehabilitation of housing owned and/or occupied by low and moderate income families. Submitting Agency: City of Elgin’s Community Development Department Location: City-wide activity Proposed Level of Funding: $124,659.52 APRIL 9, 2014 VOLUME LXXIX 142 2. PROGRAM ADMINISTRATION CDBG funds will be used to compensate the city staff for time utilized to administer the program. Submitting Agency: City of Elgin’s Community Development Department Location: 150 Dexter Ct, Elgin Proposed Level of Funding: $55,801 3. SAFETY AND ACCESSIBILITY RENOVATIONS IMPROVEMENTS CDBG funds will be used to provide safe and accessible entryways for clients with disabilities at two day program facilities by constructing an enclosed walkway and a new ramp and railings. Submitting Agency: Association for Individual Development Location: 1135 Bowes Road, Elgin and 695 South State Street, Elgin Proposed Level of Funding: $40,000 4. ROOF REPAIRS & HVAC IMPROVEMENTS CDBG funds will be used to repair a portion of the roof and replace 4 HVAC units to provide a leak-free, mold-free, safe and comfortable working and living conditions for employees and clients. Submitting Agency: Community Crisis Center Location: 37 South Geneva, Elgin Proposed Level of Funding: $50,050 5. PARKING LOT & WALKWAY REHABILITATION CDBG funds will be used to replace the east section of the parking lot to provide for safe walking and driving condition for clients, staff and visitors. Submitting Agency: Ecker Center for Mental Health Location: 1845 Grandstand Place, Elgin Proposed Level of Funding: $70,385 6. PARKING LOT RE-PAVING CDBG funds will be used to replace the parking lot located at One American Way to provide for safe walking and driving condition for clients, staff and visitors. Submitting Agency: Renz Addiction Counseling Center Location: One American Way, Elgin Proposed Level of Funding: $35,000 7. HVAC REPLACEMENT – PHASE 3 CDBG funds will be used to replace the remaining aging and inefficient rooftop HVAC units at their existing facility. Submitting Agency: Well Child Center Location: 620 Wing Street, Elgin Proposed Level of Funding: $55,000 VOLUME LXXIX APRIL 9, 2014 143 8. BUILDING SPACE DIVERSIFICATION CDBG funds will be used to rehabilitate the aquatics area on the lower level to accommodate program expansion and community services and to enhance the space for revenue-generating potential. Submitting Agency: YWCA of Elgin Location: 220 East Chicago Street, Elgin Proposed Level of Funding: $150,000 9. MULTI-FAMILY RESIDENTIAL REHABILITATION CDBG funds will be used to replace aging roofing and gutters at three of their multi-unit residential buildings. Submitting Agency: Housing Authority of Elgin Location: Illinois Court, Elizabeth Court and Wing Court, Elgin Proposed Level of Funding: $60,790 10. RENTAL ASSISTANCE CDBG funds will be used to pay for a portion of the rent to provide day-time shelter for homeless persons. Submitting Agency: Elgin Wayside Center Location: 1730 Berkley Street, Elgin Proposed Level of Funding: $30,100 11. FAIR HOUSING PROGRAMS & SERVICES CDBG funds will be used to provide fair housing education, training and counseling and assist the city in identifying barriers to fair housing. Submitting Agency: Hope Fair Housing Center Location: Throughout Elgin Proposed Level of Funding: $28,629.48 12. RENTAL ASSISTANCE CDBG funds will be used to pay for a portion of the rent to provide overnight emergency shelter for homeless persons. Submitting Agency: PADS of Elgin Location: 1730 Berkley Street, Elgin Proposed Level of Funding: $50,000 13. RENTAL ASSISTANCE CDBG funds will be used to pay for a portion of the rent of their existing facility. Submitting Agency: Senior Services Associates Location: 101 S Grove Avenue, Elgin Proposed Level of Funding: $36,000 APRIL 9, 2014 VOLUME LXXIX 144 Section 2. That the City Manager or his designee is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 9, 2014 Adopted: April 9, 2014 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-46 ADOPTED AUTHORIZING AMENDMENTS TO THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE 2013 ANNUAL ACTION PLAN UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 14-46 RESOLUTION AUTHORIZING AMENDMENTS TO THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE 2013 ANNUAL ACTION PLAN UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the preservation and rehabilitation of affordable housing, the rehabilitation of public facilities, and support for public service activities may be addressed. VOLUME LXXIX APRIL 9, 2014 145 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2013 Community Development Block Grant Program Year and the 2013 Annual Action Plan are hereby amended for the reallocation of excess funds to the following projects: 1. PROGRAM ADMINISTRATION Provide funds to compensate the city for staff time to administer the reallocation of funds to the 2013 program year. Submitting Agency: City of Elgin’s Community Development Department Location: 150 Dexter Ct, Elgin Proposed Level of Funding: $33,149.89 2. SUMMIT HEALTH CENTER RENOVATION Provide funds to convert the charts room into a centralized multipurpose training/event/staff room and remove old obsolete shelving from all exam rooms. Submitting Agency: Greater Elgin Family Care Center Project Location: 370 Summit Street, Elgin Proposed Level of Funding: $60,000 3. ELEVATOR & PLUMBING UPGRADES Provide funds to upgrade the existing elevator to be code compliance and to provide total accessibility to all floors and replace plumbing in the building, including toilets, sinks, dividers and faucets. Submitting Agency: Senior Services Associates, Inc. Project Location: 101 South Grove Avenue, Elgin Proposed Level of Funding: $66,480 4. IZAAK WALTON CENTER ELEVATOR INSTALLATION Provide funds to install an elevator that will allow for the expansion of programs in the lower level of the center and to meet ADA requirements. Submitting Agency: Hanover Township Project Location: 899 Jay Street, Elgin Proposed Level of Funding: $25,000 Section 2. That the City Manager or his designee is hereby authorized and directed to execute and file such amendment with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor APRIL 9, 2014 VOLUME LXXIX 146 Presented: April 9, 2014 Adopted: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-47 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR THE PURCHASE OF 1238 CEDAR AVENUE Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-47 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR THE PURCHASE OF 1238 CEDAR AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a real estate sale contract on behalf of the City of Elgin with Gary K. Bohlin and Cynthia L. Bohlin for the purchase of the property commonly known as 1238 Cedar Avenue 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: April 9, 2014 Adopted: April 9, 2014 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX APRIL 9, 2014 147 ORDINANCE G20-14 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G20-14 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. 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 by amending subparagraphs E and I thereof to read as follows: "D. The number of class B licenses shall not exceed twenty-one (21) in number. H. The number of class B-4 licenses shall not exceed one (1) in number." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor APRIL 9, 2014 VOLUME LXXIX 148 Presented: April 9, 2014 Passed: April 9, 2014 Vote: Yeas: 8 Nays: 0 Recorded: April 9, 2014 Published: April 10, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T23-14 PASSED ESTABLISHING A HEMMENS CULTURAL CENTER ADVISORY TASK FORCE There was a discussion regarding the process in which the task force members would be selected. Also discussed were the qualifications for the candidates, reports from the task force, and the use of a professional facilitator. Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Ordinance No. T23-14 AN ORDINANCE ESTABLISHING A HEMMENS CULTURAL CENTER ADVISORY TASK FORCE WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the city council of the City of Elgin has determined that it is desirable to provide for a Hemmens Cultural Center Advisory Task Force to provide recommendations to the city manager and the city council regarding the Hemmens Cultural Center operational, cultural offerings and capital needs; and WHEREAS, the creation of a Hemmens Cultural Center Advisory Task Force and matters relating to the city's Hemmens Cultural Center are matters pertaining to the government affairs of the city. VOLUME LXXIX APRIL 9, 2014 149 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: “Section 1. HEMMENS CULTURAL CENTER ADVISORY TASK FORCE CREATED: There is hereby created the Hemmens Cultural Center Advisory Task Force for the purpose of providing recommendations to the city manager and the city council regarding the Hemmens Cultural Center operational, cultural offerings and capital needs. Section 2. MEMBERSHIP: The Hemmens Cultural Center Advisory Task Force shall be composed of thirteen (13) members. One (1) of such members shall be the chairperson who shall vote only in the case of a tie vote of the members of the task force. Each member shall serve for an indefinite term. The members of the task force including the chairperson shall be appointed jointly by the mayor and the city manager. The mayor and city manager may at any time appoint successor members to the task force to replace then current members or to fill vacancies. Section 3. MEETINGS: The members of the Hemmens Cultural Center Advisory Task Force shall meet as soon as is practicable and shall meet as often as is reasonably necessary to carry out its duties and to provide its recommendations and report as provided for in this ordinance. The Hemmens Cultural Center Advisory Task Force may establish rules regarding the conduct of meetings and where not otherwise provided Roberts Rules of Order, Newly Revised, shall apply. Minutes shall be taken at all meetings. All meetings shall be conducted in accordance with the Open Meetings Act. Section 4. STAFF: The city manager, from time to time in his discretion, shall make available the service of the city’s professional staff to aid and cooperate with the Hemmens Cultural Center Advisory Task Force in carrying out its responsibilities. Section 5. POWERS AND DUTIES: The Hemmens Cultural Center Advisory Task Force shall have the power and duty to evaluate and make recommendations regarding the Hemmens Cultural Center operational, cultural offerings and capital needs. The task force shall have the authority to create subcommittees of its members. The task force shall present its recommendations in a written report to the city manager as soon as is reasonably practicable. The city manager shall submit such report of the Hemmens Cultural Center Advisory Task Force along with the city manager's 2015 budget and three-year financial plan submission to the city council. APRIL 9, 2014 VOLUME LXXIX 150 Section 6. DISSOLUTION OF TASK FORCE: The Hemmens Cultural Center Advisory Task Force shall automatically be dissolved on December 31, 2015.” Section 7. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 9, 2014 Passed: April 9, 2014 Vote: Yeas: 7 Nays: 1 Recorded: April 9, 2014 Published: April 10, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass Ordinance Nos. G18-14 and G19-14, and adopt Resolution Nos. 14-40 through 14-44 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-40 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING ACTIVITIES SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD RESURFACING PROGRAM Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX APRIL 9, 2014 151 Resolution No. 14-40 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING ACTIVITIES SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD RESURFACING PROGRAM 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 on behalf of the City of Elgin with Wills Burke Kelsey Associates, Ltd. for design, administration and planning engineering activities services in connection with the 2014 Neighborhood Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 9, 2014 Adopted: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-41 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CIVILTECH ENGINEERING, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION PROJECT (GARDEN CRESCENT/ROYAL BOULEVARD) Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 9, 2014 VOLUME LXXIX 152 Resolution No. 14-41 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CIVILTECH ENGINEERING, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION PROJECT (Garden Crescent/Royal Boulevard) 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 Civiltech Engineering, Inc. for construction administration and construction engineering activities services in connection with the 2014 Neighborhood Street Rehabilitation Project (Garden Crescent/Royal Boulevard), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 9, 2014 Adopted: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-42 ADOPTED AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR A PART-TIME DOMESTIC VIOLENCE CASE MANAGER Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX APRIL 9, 2014 153 Resolution No. 14-42 RESOLUTION AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR A PART-TIME DOMESTIC VIOLENCE CASE MANAGER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, Colleen Lavery, Chief Financial Officer, and Jeffrey Swoboda, Chief of Police, are hereby authorized and directed to execute an Interagency Agreement to accept a grant from the Illinois Criminal Justice Information Authority in the amount of $33,628 for a part-time domestic violence case manager, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that David J. Kaptain, Mayor, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 9, 2014 Adopted: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-43 ADOPTED APPROVING AUTOMATIC EXTERNAL DEFIBRILLATOR GRANT RECIPIENTS Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 9, 2014 VOLUME LXXIX 154 Resolution No. 14-43 RESOLUTION APPROVING AUTOMATIC EXTERNAL DEFIBRILLATOR GRANT RECIPIENTS WHEREAS, the Automatic External Defibrillator (AED) grant program was established by the City of Elgin to provide automated external defibrillators (AEDs) to eligible organizations to be maintained at the eligible organization's premises in the City of Elgin; and WHEREAS, in 2014 eight applications have been made under the AED grant program; and WHEREAS, said applications have been reviewed and recipients selected by the city council; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $6,674.88 is allocated under the Automatic External Defibrillator Grant Program for the purchase of automatic external defibrillators; one (1) to be provided to each of the following organizations: Organization Address Association for Individual Development 1135 Bowes Road Congregation Kneseth Israel 330 Division Street Elgin Fire Barn No. 5 Museum 782 Jefferson Ave. Elgin Parent Cooperative 240 Standish One Hope United-Elgin Child & Family Resource Center 210 National Street Prairie Valley Family YMCA 50 N. McLean Blvd. West Ridge Community Church 330 Encounter Lane Zion Lutheran Church 330 Griswold Street BE IT FURTHER RESOLVED that the subject matter of this resolution shall be performed in conformance with all applicable codes, ordinances and laws. BE IT FURTHER RESOLVED that prior to receiving such automatic external defibrillator 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 VOLUME LXXIX APRIL 9, 2014 155 Presented: April 9, 2014 Adopted: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-44 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE SALE OF 114-116 NORTH CHANNING STREET Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-44 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE SALE OF 114-116 NORTH CHANNING STREET 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 real estate sale contract on behalf of the City of Elgin with Habitat for Humanity of Northern Fox Valley for the sale of the property commonly known as 114-116 North Channing Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 9, 2014 Adopted: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk APRIL 9, 2014 VOLUME LXXIX 156 ORDINANCE G18-14 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G18-14 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 and function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquor dealers pertains to the governments and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended, entitled "Offenses by Licensee" be and is hereby further amended by amending subparagraph N thereof to read as follows: “N. Permit any person who has not attained the age of twenty one (21) years to remain on the premises of a class A, A-1, AA, R, R-1 or U licensee. This subsection shall not apply to: 1. Persons eighteen (18) years of age or older, when such person is on the premises pursuant to employment; or 2. Persons accompanied by his or her parents, legal guardian or spouse; or 3. Food service establishments, except in areas segregated and designated principally for the sale or consumption of alcoholic liquor, or for bowling alleys, except when they are segregated and designated principally for the sale or consumption of alcoholic liquor;” 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 by amending subparagraph W thereof to read as follows: VOLUME LXXIX APRIL 9, 2014 157 "W. The number of class U licenses shall not exceed one (1) in number." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 4. 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: April 9, 2014 Passed: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 9, 2014 Published: April 10, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G19-14 PASSED AMENDING CHAPTER 11.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "TRAFFIC ADMINISTRATION" Councilmember Shaw made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G19-14 AN ORDINANCE AMENDING CHAPTER 11.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “TRAFFIC ADMINISTRATION” WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, and the power to abate public nuisances; and APRIL 9, 2014 VOLUME LXXIX 158 WHEREAS, section 11-209.1 of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.) authorizes the City of Elgin to enter into an agreement with any person or board of directors that owns, operates, or represents a residential subdivision, development, apartment house, or apartment project, to authorize the City of Elgin to enforce the traffic regulations of the Illinois Vehicle Code and the Elgin Municipal Code on any private streets or roads within such residential subdivision, development, apartment house, or apartment project; and WHEREAS, the Hispanic Housing Development Corporation, as the duly-authorized representative of the apartment complex commonly known as the Squire Village Apartments, has submitted a written request pursuant to section 11-209.1 of the Illinois Vehicle Code to enter into an agreement authorizing the City of Elgin to enforce the traffic regulations of the Illinois Vehicle Code and the Elgin Municipal Code on certain private streets or roads within the Squire Village Apartments development; and WHEREAS, the Poplar Creek Townhouses Cooperative, as the duly-authorized representative of the apartment complex commonly known as Crestwood of Elgin, has submitted a written request pursuant to section 11-209.1 of the Illinois Vehicle Code to enter into an agreement authorizing the City of Elgin to enforce the traffic regulations of the Illinois Vehicle Code and the Elgin Municipal Code on certain private streets or roads within the Crestwood of Elgin development; and WHEREAS, the City Council of the City of Elgin has authorized entering into said enforcement agreements with the Hispanic Housing Development Corporation and the Poplar Creek Townhouses Cooperative, respectively; and WHEREAS, section 11-209.1 of the Illinois Vehicle Code provides that the entry into an enforcement agreement described herein by a local authority shall be pursuant to the adoption of an enabling ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 11.08 of the Elgin Municipal Code, 1976, as amended, entitled “Traffic Administration” be and is hereby amended by adding a new Section 11.08.100 thereto, entitled “Regulation of Traffic on Private Property,” to read as follows: “11.08.100 REGULATION OF TRAFFIC ON PRIVATE PROPERTY: By written agreement with the city pursuant to section 11-209.1 of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.), the following traffic regulations are established for the private properties described below: A. Crestwood of Elgin VOLUME LXXIX APRIL 9, 2014 159 For the development commonly known as Crestwood of Elgin, the following traffic regulations are established and may be enforced by the city: 1. The maximum speed limit for any vehicle shall be thirty (30) miles per hour; 2. Stop signs shall be posted at all exits and the driver of a vehicle merging from the Development shall stop such vehicle immediately prior to driving onto an adjoining or intersecting street, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the street or roadway shall yield the right-of-way to all vehicles approaching on said street or roadway; 3. The provisions of Chapter 11 of the Illinois Vehicle Code, entitled “Rules of the Road” (625 ILCS 5/11-100 through 625 ILCS 5/11-1516, inclusive), as amended. The following private streets and roads within the Crestwood of Elgin development are subject to the foregoing regulations: Apple Lane, Hemlock Court, Hemlock Lane, Peachtree Court, Peachtree Lane, and Spruce Lane. B. Squire Village Apartments For the development commonly known as the Squire Village Apartments, the following traffic regulations are established and may be enforced by the city: 1. The maximum speed limit for any vehicle shall be thirty (30) miles per hour; 2. Stop signs shall be posted at all exits and the driver of a vehicle merging from the Development shall stop such vehicle immediately prior to driving onto an adjoining or intersecting street, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the street or roadway shall yield the right-of-way to all vehicles approaching on said street or roadway; 3. The provisions of Chapter 11 of the Illinois Vehicle Code, entitled “Rules of the Road” (625 ILCS 5/11-100 through 625 ILCS 5/11-1516, inclusive), as amended. The following private streets and roads within the Squire Village Apartments development are subject to the foregoing regulations: Apple Lane, Hemlock Court, Hemlock Lane, Peachtree Court, Peachtree Lane, Rosewood Court, Spruce Lane and Yew Court.” APRIL 9, 2014 VOLUME LXXIX 160 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: April 9, 2014 Passed: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 9, 2014 Published: April 10, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission February 10, 2014 Emergency Telephone System Board February 20, 2014 Heritage Commission Design Review February 11, 2014 Strategic Plan Commission January 28, 2014 Committee of the Whole for February 26, 2014 City Council Minutes for February 26, 2014 Sales Tax Revenue Electricity Tax Revenue Natural Gas Tax Revenue Telecommunications Tax Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXIX APRIL 9, 2014 161 ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Selection of a Person to Fill a Public 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 Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) of the Open Meetings Act The meeting adjourned at 8:53 p.m. s/ Kimberly Dewis April 23, 2014 Kimberly Dewis, City Clerk Date Approved