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APRIL 23, 2014 VOLUME LXXIX
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 23, 2014, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:40 p.m. The
Invocation was given by Torrance Clark from the Elgin Community Church and the Pledge of
Allegiance was led by Councilmember Tish Powell.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger,
Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE APRIL 9, 2014, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve the
April 9, 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
Myra Becker Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Myra Becker has been selected to receive a Lifetime Achievement Award
by the YWCA Board of Directors for contributing her professional skills and volunteer expertise
to Elgin and to Illinois for 60 years or more; and
WHEREAS, On April 4th, Myra celebrated her 90th birthday; and
WHEREAS, In 1965, Myra and her husband, Mort, came to Elgin where they raised
three children and where Myra worked as a speech therapist for many years; and
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163
WHEREAS, Myra has played a significant role most of her life in the League of
Women Voters, serving on the board and as president, and working on issues such as mental
health, fair housing legislation, education and voter registration; and
WHEREAS, Myra has served for many years on the boards of the Larkin Center, the
YWCA and the Office of Economic Opportunity; and
WHEREAS, In all her service, Myra’s intelligence and dedication to improving the
quality of life for everyone have inspired and greatly benefited this community.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby
congratulate Myra Becker on her 90th birthday and on receiving the YWCA Lifetime
Achievement Award.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd Day of April, 2014.
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Christina Aagesen addressed the Council about changing the Elgin Municipal Code to allow for
chickens to be raised in backyards. She stated she had addressed the Sustainability Commission
on the topic and wanted to know what the next steps would be to allow for this change occur.
City Manager Stegall provided a timeline and details regarding the next steps in the process.
BID 14-008 AWARDED TO THOMPSON ELEVATOR INSPECTION SERVICE, INC.
FOR CONTRACTUAL ELEVATOR INSPECTION SERVICES
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract
to Thompson Elevator Inspection Service, Inc. in the amount of $35,000 to inspect new elevators
within existing and new buildings, provide required semi‐annual inspections of existing
elevators, and conduct plan reviews of elevator shop drawings. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor
Kaptain. Nays: None.
BID 14-014 AWARDED TO KELLENBERGER ELECTRIC, INC. FOR THE
REPLACEMENT OF THE LIGHTING CONTROL SYSTEM AT POLICE FACILITY
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve a
contract with Kellenberger Electric, Inc. in the amount of $100,900 to replace the failing lighting
control system in the Police Facility. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
APRIL 23, 2014 VOLUME LXXIX
164
BID 14-015 AWARDED TO AIR SUPPLY AIR CONDITIONING AND HEATING, INC.
FOR A CO-RAY-VAC HEATING SYSTEM FOR PUBLIC WORKS GARAGE
Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a
contract to Air Supply Air Conditioning and Heating, Inc. in the amount of $175,000 for the
installation of a new Co-Ray-Vac heating system in the Public Works garage area. Upon a roll
call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw,
Steffen, and Mayor Kaptain. Nays: None.
BID 14-016 AWARDED TO MR. DAVID’S FLOORING INTERNATIONAL, LTD. FOR
THE REPLACEMENT OF CARPETING IN VARIOUS LOCATIONS
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract
to Mr. David’s Flooring International, Ltd. in the amount of $122,551 for the replacement of
carpeting in various city-owned buildings. Upon a roll call vote: Yeas: Councilmembers
Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
FEDERAL GENERAL SERVICES ADMINISTRATION CONTRACT APPROVED FOR
THE PURCHASE OF KRONOS TELESTAFF SOFTWARE
Councilmember Dunne and Councilmember Gavin commented on the ease of use of this product
and how it could impact operations with potential reallocation of resources.
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve a
Federal General Services Administration Contract in the amount of $83,627 for the purchase of
the Kronos Telestaff software to streamline the Police Department’s scheduling and timesheet
process. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 08-14 APPROVED REQUESTING A CONDITIONAL USE IN THE AB
AREA BUSINESS DISTRICT TO PERMIT A PACKAGE LIQUOR SALES
ESTABLISHMENT; PROPERTY LOCATED AT 1817 LARKIN AVENUE; BY
LARKIN’S DISCOUNT LIQUOR, LLC AS APPLICANT AND LARKIN SQUARE LLC
AS OWNER
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 Powell made a motion, seconded by Councilmember Gavin, to approve Petition
08-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin,
Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
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165
RESOLUTION 14-53 ADOPTED AUTHORIZING EXECUTION OF A MASTER
SERVICES AND SUBSCRIPTION AGREEMENT WITH CHARGEPOINT, INC. FOR
SUBSCRIPTION TO NETWORK SERVICES AND SOFTWARE IN CONNECTION
WITH ELECTRIC VEHICLE CHARGING STATION
Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge.
Resolution No. 14-53
RESOLUTION
AUTHORIZING EXECUTION OF A MASTER SERVICES AND
SUBSCRIPTION AGREEMENT WITH CHARGEPOINT, INC.
FOR SUBSCRIPTION TO NETWORK SERVICES AND SOFTWARE IN
CONNECTION WITH ELECTRIC VEHICLE CHARGING STATION
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
Chargepoint, Inc. for subscription to network services and software in connection with electric
vehicle charging station, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Adopted: April 23, 2014
Vote: Yeas: 6 Nays: 2
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 14-54 ADOPTED APPROVING RIVERBOAT FUND GRANT
RECIPIENTS
Councilmember Dunne 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.
APRIL 23, 2014 VOLUME LXXIX
166
Resolution No. 14-54
RESOLUTION
APPROVING RIVERBOAT FUND GRANT RECIPIENTS
WHEREAS, the Riverboat Fund Grant Program was established to provide financial
assistance and support regarding operating costs for local not-for-profit organizations; and
WHEREAS, twenty-six grant applications were submitted for consideration in 2014
under the Riverboat Fund Grant Program; and
WHEREAS, said applications have been reviewed and recipients selected by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the Riverboat Fund
Grant Program to the following organizations:
Organization Program Amount
Boys and Girls Club General Programs $ 84,000
Food for Greater Elgin Food 18,000
Salvation Army Golden Diners Senior Meals 18,000
Ecker Center Mental Health 17,500
Centro de Informacion Hispanic Outreach 18,000
United Way of Elgin-Dolly Parton
Imagination Library
Preschool Literacy 6,000
Well Child Center
Adolescent dental
care 9,000
Literacy Connection
Adult literacy and
job training 11,500
Greater Elgin Family Care
Center
Adult dentistry
11,500
YWCA Preschool ESL 6,500
TOTAL $200,000
BE IT FURTHER RESOLVED that the projects shall be in conformance with all
applicable codes and ordinances.
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167
BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall
be required to enter into an agreement with the City of Elgin in a form as approved by the
Corporation Counsel.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Adopted: April 23, 2014
Vote: Yeas: 7 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G24-14 PASSED AMENDING CHAPTER 2.08 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL"
There was discussion regarding the reasons for electronic attendance, how it would be
implemented, what technologies would be used, and when the change would become effective.
Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Powell,
Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw.
Ordinance No. G24-14
AN ORDINANCE
AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “CITY COUNCIL”
WHEREAS, section 7 of the Illinois Open Meetings Act (5 ILCS 120/7) permits officials
of units of local government to attend meetings through electronic means in limited
circumstances; and
WHEREAS, the corporate authorities of the City of Elgin desire to permit attendance of
members of the city council at meetings by means other than physical presence in compliance
with the Open Meetings Act; and
WHEREAS, to permit attendance by a means other than physical presence, the City of
Elgin must adopt rules that conform to the requirements and restrictions of the Open Meetings
Act; and
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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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 2.08 of the Elgin Municipal Code, 1976, as amended,
entitled “City Council,” be and is hereby amended by adding a new Section 2.08.065 thereto,
entitled “Electronic Attendance at Meetings,” to read as follows:
“2.08.065 ELECTRONIC ATTENDANCE AT MEETINGS:
A. Any member of the city council may attend any open or closed meeting of the
city council via electronic means (such as by telephone, video or internet
connection) provided that a quorum of the city council is physically present
throughout such meeting and such attendance is in compliance with the
provisions of this chapter and any applicable laws.
B. A member of the city council may attend a meeting electronically if the
member meets the following conditions:
1. The member shall notify the city clerk at least twenty-four (24) hours
before the meeting, unless impractical, so that necessary communications
equipment can be arranged. Inability to make the necessary technical
arrangements will result in denial of a request for remote attendance.
2. The member must assert one of the following three reasons why he or she
is unable to physically attend the meeting,
a. The member cannot attend because of personal illness or disability; or
b. The member cannot attend because of employment purposes or the
business of the city; or
c. The member cannot attend because of a family or other emergency.
C. The city clerk, after receiving the electronic attendance request, shall inform
the city council of the request for electronic attendance.
D. After a roll call establishing that there is a quorum physically present at a
meeting where a member of the city council desires to attend electronically,
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169
the presiding officer shall state that (i) a notice was received by a member of
the city council in accordance with this section, including the reason for the
member’s absence, and (ii) the member will be deemed authorized to attend
the meeting electronically unless a motion objecting to the member’s
electronic attendance is made, seconded, and approved by two-thirds of the
members of the city council physically present at the meeting. If no such
motion is made and seconded or if any such motion fails to achieve the
required vote by the members of the city council physically present at the
meeting, then the request by the member to attend the meeting electronically
shall be deemed approved by the city council and the presiding officer shall
declare the requesting member present. After such declaration by the
presiding officer, the question of a member’s electronic attendance may not be
reconsidered.
E. The member participating electronically and other members of the city council
must be able to communicate effectively, and members of the audience must
be able to hear all communications at the meeting site. Before allowing
electronic attendance at any meeting, the city council shall provide equipment
adequate to accomplish this objective at the meeting site.
F. Any member attending electronically shall be considered an off-site attendee
and counted as present electronically for that meeting if the member is
allowed to attend. The meeting minutes shall also reflect and state
specifically whether each member is physically present or present by
electronic means.
G. A member permitted to attend electronically will be able to express his or her
comments during the meeting and participate in the same capacity as those
members physically present, subject to all general meeting guidelines and
procedures previously adopted and adhered to. The member attending
electronically shall be heard, considered, and counted as to any vote taken.
Accordingly, the name of any member attending electronically shall be called
during any vote taken, and his or her vote counted and recorded by the city
clerk and placed in the minutes for the corresponding meeting. A member
attending electronically may leave a meeting and return as in the case of any
member, provided the member attending electronically shall announce his or
her leaving and returning.
H. No more than two (2) members may attend a city council meeting by
electronic means.
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.
APRIL 23, 2014 VOLUME LXXIX
170
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 23, 2014
Passed: April 23, 2014
Vote: Yeas: 5 Nays: 3
Recorded: April 23, 2014
Published: April 25, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G25-14 PASSED AMENDING CHAPTER 6.03 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LICENSES AND PERMITS"
There was discussion regarding implementation of the ordinance including consideration of
payment plans and notifications.
Councilmember Powell 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. G25-14
AN ORDINANCE
AMENDING CHAPTER 6.03 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "LICENSES AND PERMITS"
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 affairs; and
WHEREAS, licensing and the collection of monies lawfully due and owing the City of
Elgin are matters which pertain to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
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171
Section 1. That Chapter 6.03 of the Elgin Municipal Code, 1976, as amended, entitled
"Licenses and Permits" be and is hereby further amended by adding a new Section 6.03.170
thereto entitled "Indebtedness To City" to read as follows:
"6.03.170: INDEBTEDNESS TO CITY:
No license required by this code shall be issued or renewed to any person who is
indebted to the city for any fine, penalty, fee or charge due the city unless and
until the indebtedness for the fine, penalty, fee or charge due the city has been
paid."
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 23, 2014
Passed: April 23, 2014
Vote: Yeas: 8 Nays: 0
Recorded: April 23, 2014
Published: April 25, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE S2-14 PASSED AUTHORIZING THE ISSUANCE AND SALE BY THE
CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, OF NOT TO EXCEED
$7,295,000 REVENUE REFUNDING BOND, JUDSON UNIVERSITY, SERIES 2014,
FOR THE BENEFIT OF JUDSON UNIVERSITY, A BAPTIST INSTITUTION AND
CONFIRMING THE SALE THEREOF; AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND AND LOAN AGREEMENT, A TAX EXEMPTION
CERTIFICATE AND AGREEMENT AND RELATED DOCUMENTS; AND
AUTHORIZING CERTAIN RELATED MATTERS
Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Prigge
abstained.
APRIL 23, 2014 VOLUME LXXIX
172
ORDINANCE S2-14 IS ON FILE IN THE CITY CLERK’S OFFICE.
CONSENT AGENDA
By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember
Steffen, to pass Ordinance Nos. T24-13 and G21-14 through G23-14 and adopt Resolution Nos.
14-48 through 14-52 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 14-48 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS WITHIN THE SAM'S CLUB SITE
(LOTS 3, 4, 5, 9 AND 10 –1000 SOUTH RANDALL ROAD)
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. 14-48
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC
IMPROVEMENTS WITHIN THE SAM'S CLUB SITE
(Lots 3, 4, 5, 9 and 10 - 1000 South Randall Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance the following public
improvements within the Sam's Club Site, Lots 3, 4, 5, 9 and 10-1000 South Randall Road:
sanitary sewer and water main which will add approximately 46 lineal feet of 6-inch water main;
1,099 lineal feet of 8-inch water main; 4 8-inch valves in 4-foot vaults; 5 fire hydrants; 251 lineal
feet of 8-inch sanitary sewer; 2 sanitary manholes and all their respective appurtenances to the
city-maintained facilities.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Adopted: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX APRIL 23, 2014
173
RESOLUTION 14-49 ADOPTED AUTHORIZING EXECUTION OF A CODERED
SERVICES AGREEMENT WITH EMERGENCY COMMUNICATIONS NETWORK,
LLC FOR CODERED EMERGENCY NOTIFICATION SYSTEM
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. 14-49
RESOLUTION
AUTHORIZING EXECUTION OF A CODERED SERVICES AGREEMENT WITH
EMERGENCY COMMUNICATIONS NETWORK, LLC
FOR CODERED EMERGENCY NOTIFICATION SYSTEM
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, be and is hereby authorized and directed to
execute a services agreement on behalf of the City of Elgin with Emergency Communications
Network, LLC for the CodeRED Emergency Notification System, a copy of which is attached
hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Adopted: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 23, 2014 VOLUME LXXIX
174
RESOLUTION 14-50 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TANK INDUSTRY CONSULTANTS, INC. FOR ENGINEERING SERVICES IN
CONNECTION WITH THE REHABILITATION OF THE AIRLITE ELEVATED
WATER TANK 2014 PROJECT
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. 14-50
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TANK INDUSTRY CONSULTANTS, INC.
FOR ENGINEERING SERVICES IN CONNECTION WITH THE
REHABILITATION OF THE AIRLITE ELEVATED WATER TANK 2014 PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Agreement on behalf of the City of Elgin with Tank
Industry Consultants, Inc. for engineering services in connection with the Rehabilitation of the
Airlite Elevated Water Tank 2014 Project, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Adopted: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE T24-14 PASSED AMENDING THE 2013 BUDGET
Councilmember Gavin 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.
VOLUME LXXIX APRIL 23, 2014
175
Ordinance No. T24-14
AN ORDINANCE
AMENDING THE 2013 BUDGET
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the 2013 budget of the City of Elgin adopted in lieu of an appropriation
ordinance be and is hereby amended in accordance with the schedule which is attached hereto
and made a part hereof by reference.
Section 2. That this ordinance shall be in full force and effect from and after its
passage.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Passed: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: April 23, 2014
Published: April 25, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G21-14 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 Gavin 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.
APRIL 23, 2014 VOLUME LXXIX
176
Ordinance No. G21-14
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
subparagraph D thereof to read as follows:
"D. The number of class B licenses shall not exceed twenty-two (22) 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
Presented: April 23, 2014
Passed: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: April 23, 2014
Published: April 25, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX APRIL 23, 2014
177
RESOLUTION 14-51 ADOPTED AUTHORIZING EXECUTION OF A FIRST
AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (HIGHLAND
WOODS SUBDIVISION, NEIGHBORHOODS "I" AND "J")
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. 14-51
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH PINGREE LLC
(Highland Woods Subdivision, Neighborhoods “I” and “J”)
WHEREAS, the Owner of certain property commonly known as the Highland Woods
Subdivision, Neighborhoods “I” and “J”, Elgin, Illinois has proposed that the annexation
agreement between the Owner and the City of Elgin be amended; and
WHEREAS, after due notice as required by law, a public hearing on said proposal was
held by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed First Amendment to Annexation Agreement with Pingree
LLC, is in the best interests of the City of Elgin.
NOW, THEREFORE, 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, on behalf of the City of Elgin, the First
Amendment to Annexation Agreement with Pingree LLC, a copy of which is attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Adopted: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 23, 2014 VOLUME LXXIX
178
ORDINANCE G22-14 PASSED AMENDING PMFR PLANNED MULTIPLE FAMILY
RESIDENCE DISTRICT ORDINANCE NO. G17-04 (HIGHLAND WOODS
SUBDIVISION NEIGHBORHOOD "I"-899 AND 900 COOMBS ROAD)
Councilmember Gavin 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. G22-14
AN ORDINANCE
AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G17-04
(Highland Woods Subdivision Neighborhood “I” – 899 and 900 Coombs Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
originally classified in the PMFR Planned Multiple Family Residence District under Ordinance
No. G17-04; and
WHEREAS, written application has been made to amend PMFR Planned Multiple
Family Residence District Ordinance No. G17-04 to permit additional townhome models to be
constructed within Highland Woods Subdivision Neighborhood “I”; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development 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 November 20, 2006, made by the Planning & Development Commission, a copy of which
is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G17-04 entitled “An Ordinance Classifying Newly
Annexed Territory in the PMFR Planned Multiple Family Residence District (Highland Woods
Subdivision and Foy Property – 899 Coombs Road),” passed February 25, 2004, be and is hereby
amended only as set forth in this ordinance by amending Section G, entitled “Site Design”
through the addition of Subparagraph “q” to read as follows:
q. Twenty-four (24) additional townhome units in the form of four six-unit
buildings will be permitted for construction for a total of 176 townhome
VOLUME LXXIX APRIL 23, 2014
179
units contained within 33 buildings within Neighborhood “I” of the
subdivision.
And subject to the following conditions:
1. Substantial conformance to the information contained in the Petitioner’s Statement of
Purpose and Conformance.
2. Substantial conformance to the following exhibits prepared by Cemcon, Ltd:
a. Approved Preliminary Subdivision Plat for Highland Woods, Plato Township,
Kane County, Illinois, dated April 24, 2006
b. Proposed Preliminary Subdivision Plat for Highland Woods dated April 15, 2006,
and last revised on November 16, 2006.
3. Substantial conformance to the existing configuration plan for Neighborhood “I” entitled
Parcel “I” Conceptual Site Plan for Highland Woods, prepared by MRA, Inc., and dated
December 4, 2003.
4. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein; the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G17-04. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2 and the allowances and departures described and provided thereon, and Ordinance No
G17-04, this ordinance and associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Passed: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: April 23, 2014
Published: April 25, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 23, 2014 VOLUME LXXIX
180
RESOLUTION 14-52 ADOPTED AUTHORIZING EXECUTION OF A SECOND
AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (HIGHLAND
WOODS SUBDIVISION, NEIGHBORHOOD "F")
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. 14-52
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT WITH PINGREE LLC
(Highland Woods Subdivision, Neighborhood “F”)
WHEREAS, the Owner of certain property commonly known as the Highland Woods
Subdivision, Neighborhood “F”, Elgin, Illinois has proposed that the annexation agreement
between the Owner and the City of Elgin be amended; and
WHEREAS, after due notice as required by law, a public hearing on said proposal was
held by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed Second Amendment to Annexation Agreement with Pingree
LLC, is in the best interests of the City of Elgin.
NOW, THEREFORE, 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, on behalf of the City of Elgin, the Second
Amendment to Annexation Agreement with Pingree LLC, a copy of which is attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Adopted: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXIX APRIL 23, 2014
181
ORDINANCE G23-14 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY
RESIDENCE DISTRICT ORDINANCE NO. G16-04 (HIGHLAND WOODS
SUBDIVISION NEIGHBORHOOD "F"-899 AND 900 COOMBS ROAD)
Councilmember Gavin 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. G23-14
AN ORDINANCE
AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G16-04
(Highland Woods Subdivision Neighborhood “F” – 899 and 900 Coombs Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
originally classified in the PSFR2 Planned Single Family Residence District under Ordinance
No. G16-04; and
WHEREAS, written application has been made to amend PSFR2 Planned Single Family
Residence District Ordinance No. G16-04 to permit additional single-family models constructed
with side-entry garages with driveways crossing in front of the main entrance to the residence
and street-facing forward-oriented garages on certain lots within Highland Woods Subdivision
Neighborhood “F”; and
WHEREAS, the City Council of the City of Elgin, Illinois, adopted a Comprehensive
Plan and Design Guidelines on February 9, 2005 through ordinance G18-05; and
WHEREAS, the adopted comprehensive plan includes design guidelines that provide that
new single family homes in planned residential development with side-entry garages designed
and oriented with driveway access crossing in front of the main entry to the residence be limited
only on lots exceeding 20,000 square feet in area, and set back a minimum 40 feet from the street
lot lines; and
WHEREAS, adopted comprehensive plan includes design guidelines that provide that
new single family homes in planned residential development be constructed with street-facing
garages that are designed and oriented to be recessed behind the main residential façade; and
WHEREAS, the new single-family models will be constructed with side-entry garages
designed and oriented with driveway access crossing in front of the main entry to the residence
and on lots less than 20,000 square feet in area, and set back 25 feet from the street lot lines, and
street-facing garages that will be designed and oriented to be in front of the main residential
façade which would be a departure from the design guidelines of the comprehensive plan; and
APRIL 23, 2014 VOLUME LXXIX
182
WHEREAS, after due notice in the manner provided by law the Planning & Zoning
Commission conducted public hearings concerning said applications and has submitted its
written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations 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 February 3, 2014, 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 Ordinance No. G16-04 entitled “An Ordinance Classifying Newly
Annexed Territory in the PSFR2 Planned Single Family Residence District (Highland Woods
Subdivision and Foy Property – 899 and 900 Coombs Road),” passed February 25, 2004, be and
is hereby amended only as set forth in this ordinance by amending Section G.12, entitled
“Supplementary Regulations” through the addition of Subparagraph “q” to read as follows:
q. New home models with the following garage orientation shall be allowed to be
constructed on Lots 337-256 and lots 761-762 of Neighborhood “F” of Highland Woods
Subdivision:
i. Side entry garages designed and oriented with driveway access crossing in
front of the main entry to the residence
ii. The street-facing garages on homes shall be allowed to extend in front of
the main residential façade for a distance no greater than six (6) feet.
And subject to the following conditions:
1. Substantial conformance with the Petitioner’s Application, Statement of Purpose,
Consent and Disclosure, and attachments dated January 16, 2014.
2. Substantial conformance to the exhibits provided under the cover letter prepared by Brian
M. Brunhofer, President/Owner of Meritus Homes dated December 5, 2013, for each
model proposed as follows:
a. Plan 2610 – “Marquis” (Ranch) prepared September 9, 2010, and last revised and
submitted on February 2, 2014, depicting Revised Partial Floor Plans A, B and C,
and Elevations A, B and C
b. Plan 2828 – “Kingston” (Ranch) prepared September 9, 2010, and last revised and
submitted on February 2, 2014, and depicting Partial Floor Plans, Elevation A
Floor Plan, Partial Floor Plans A, B and C, and Elevations A, B and C
c. Plan 3271 – “Cavanaugh (Master Down) prepared September 9, 2010, and
depicting the Main Floor Plan, Upper Floor Plan and Elevations A, B, C and D
VOLUME LXXIX APRIL 23, 2014
183
d. Plan 3445 – “Banfield (2-story) prepared September 9, 2010, and depicting the
Main Floor Plan, Upper Floor Plan and Elevations A, B, C, D, E and F
e. Plan 3716 – “Dunberry (2-story) prepared September 9, 2010, and depicting the
Main Floor Plan, Upper Floor Plan and Elevations A, B, B (full brick option), C,
D, D1, E, E (full brick option), F, F (full brick option), G and H
f. Plan 3980 – “Edinborough (2-story) prepared September 9, 2010, and depicting
the Main Floor Plan, Upper Floor Plan and Elevations A, B, C, D, and D (with
Full Masonry)
3. Substantial conformance to the Final Plat of Subdivision for Highland Woods
Subdivision – Neighborhood “F” recorded on November 1, 2006.
4. The departure shall be restricted to the 22 vacant lots located within Highland Woods
Neighborhood “F”, specifically Lots 337-256 and lots 761-762.
5. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G16-04. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2 and the allowances and departures described and provided thereon, and Ordinance No
G16-04, this ordinance and associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 23, 2014
Passed: April 23, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: April 23, 2014
Published: April 25, 2014
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
APRIL 23, 2014 VOLUME LXXIX
184
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Shaw asked for a status regarding the Cultural Arts Commission’s efforts to
obtain sculptures for the Riverwalk. Councilmember Powell noted the efforts and progress being
made to have various artworks on throughout the Riverwalk.
Councilmember Dunne made a motion, seconded by Councilmember Powell, 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 March 10, 2014
Emergency Telephone System Board March 20, 214
Liquor Commission February 12, 2014
Committee of the Whole Minutes March 19, 2014
City Council Minutes March 19, 2014
Sales Tax
Local Sales Tax
State Income Tax
State Use Tax
Telecommunications Tax
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:25 p.m.
s/ Kimberly Dewis May 14, 2014
Kimberly Dewis, City Clerk Date Approved