Loading...
HomeMy WebLinkAboutm - July 23, 2014 CC276 JULY 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 July 23, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Carl Ball Deputy Chaplain for the Elgin Police Department and the Pledge of Allegiance was led by Water System Superintendent Kyla Jacobsen. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JULY 9, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve the July 9, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Deirde White, from the Downtown Neighborhood Association, thanked the sponsors and the volunteers that participated in the 4th of July parade. She also announced the parade winners. Todd Martin commented on the proposed solar and wind energy ordinances. He thanked staff for answering his questions regarding the ordinances. James Rog and Jeff Adam, of the Elgin Police Department, reported on the Police Explorer Post #1445 attendance at the National Law Enforcement Explorer Conference. They were awarded a third place trophy for “Exploring USA – Community Service”. Danise Habun asked that the boards and commission portion of the website be updated with the approved minutes for the various groups. Betsy Couture commented on the 4th of July, in particular the fireworks, and the success of all of the special events. VOLUME LXXIX JULY 23, 2014 277 Jon Walden and Carroll Lowery of the Elgin Masonic Lodge, commented on the Lodge’s project of donating teddy bears to children who had been through traumatic events. They present the Police and Fire Chief with teddy bears. BID 14-031 AWARDED TO ULTRASTROBE COMMUNICATIONS, INC. THE PURCHASE AND INSTALLATION OF EMERGENCY WARNING LIGHTS FOR POLICE VEHICLES Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award Ultrastrobe Communications, Inc. with a contract in the amount of $111,551 for the purchase and installation of emergency warning lights and related equipment for police vehicles. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 06-14 APPROVED PROPOSING AN AMENDMENT TO THE TEXT OF TITLE 19 “ZONING” OF THE ELGIN MUNICIPAL CODE, TO ESTABLISH ZONING REGULATIONS FOR SOLAR ENERGY SYSTEMS Marc Mylott, Community Development Director, provided an overview of Petition 06-14 which was in regards to regulations for solar energy systems. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. There was discussion on inclusion of these changes into the comprehensive plan, how to ensure the process of installing these fixtures is not burdensome on the homeowner, the average costs for engineering plans, and the average weight and size of the units. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 06-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 07-14 APPROVED REQUESTING AN AMENDMENT TO THE TEXT OF TITLE 19 “ZONING” OF THE ELGIN MUNICIPAL CODE, TO ESTABLISH ZONING REGULATIONS FOR WIND ENERGY SYSTEMS Marc Mylott, Community Development Director, provided an overview of Petition 07-14 which was in regards to regulations for wind energy systems. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. There was discussion regarding the impact on wildlife, locations that the wind turbines would be allowed, noise, and screening of the equipment. JULY 23, 2014 VOLUME LXXIX 278 Councilmember Powell made a motion, seconded by Councilmember Shaw, to approve Petition 07-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 24-14 APPROVED REQUESTING APPROVAL OF A FINAL PLAT OF SUBDIVISION FOR THE VANDERMOLEN SUBDIVISION AT 345 WING PARK BOULEVARD Marc Mylott, Community Development Director, provided an overview of Petition 24-14. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. There was discussion regarding how many buildable lots this plat would create and the minimum lot widths. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petition 24-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 21-14 APPROVED REQUESTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A DRINKING PLACE AT COLONIAL CAFÉ (600 SOUTH MCLEAN BOULEVARD) Marc Mylott, Community Development Director, provided an overview of Petition 21-14. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. Councilmember Gavin made a motion, seconded by Councilmember Powell, to approve Petition 21-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 28-14 APPROVED REQUESTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF AN EXERCISE STUDIO AT OAK TREE PLAZA (726 WEST CHICAGO STREET) Marc Mylott, Community Development Director, provided an overview of Petition 28-14. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. VOLUME LXXIX JULY 23, 2014 279 Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 28-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-99 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CD, LLC FOR THE PURCHASE OF ONE DUAL-VEHICLE ELECTRIC VEHICLE CHARGING STATION There was discussion regarding the use of grants funds, sponsorships, and if user would be charged for using the station. Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge. Resolution No. 14-99 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CD, LLC FOR THE PURCHASE OF ONE DUAL-VEHICLE ELECTRIC VEHICLE CHARGING STATION 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 Agreement on behalf of the City of Elgin with CD, LLC for the purchase of one dual-vehicle 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: July 23, 2014 Adopted: July 23, 2014 Vote: Yeas: 7 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JULY 23, 2014 VOLUME LXXIX 280 RESOLUTION 14-100 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH RON JONES ELECTRIC, INC. FOR THE INSTALLATION OF ONE DUAL- VEHICLE ELECTRIC VEHICLE CHARGING STATION Councilmember Shaw made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge. Resolution No. 14-100 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RON JONES ELECTRIC, INC. FOR THE INSTALLATION OF ONE DUAL-VEHICLE ELECTRIC VEHICLE CHARGING STATION 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 Agreement on behalf of the City of Elgin with Ron Jones Electric, Inc. for the installation of one dual-vehicle 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: July 23, 2014 Adopted: July 23, 2014 Vote: Yeas: 7 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-101 ADOPTED AUTHORIZING AGREEMENT WITH THE SELECTED ALTERNATIVE RETAIL ELECTRIC SUPPLIER TO PROVIDE ELECTRICITY UNDER THE CITY’S OPT-OUT GOVERNMENTAL ELECTRIC AGGREGATION PROGRAM Rick Kozal, Assistant City Manager, provided an overview of the current program, the reasons for considering the changes, and the options the council has in regards to the aggregation program. VOLUME LXXIX JULY 23, 2014 281 Mark Pruitt, a representative from the Illinois Community Choice Aggregation Network, gave a presentation regarding the electric aggregation program and the process to find a qualified supplier. A copy of the presentation is on file in the City Clerk’s office. He noted that in terms of comparison to Com Ed’s rates it would be a moving target because they can vary their pricing, and estimates were given at the median price. Mr. Pruitt also provided a non-cost analysis for the program. Mayor Kaptain felt this was supportive of alternative energy sources and noted that there were companies in Elgin that provide the equipment for these energy sources. The alternative option provided a guarantee of rates for one year while Com Ed’s rates were based on an average and could be $70.00 more per year. He expressed concerns over opting out of the program and potential impact on residents. Councilmember Shaw asked for clarification that the standard offer was required to have a certain amount of renewable energy included in their program. He also asked about the process of opting out of the program and if residents could opt up to the 100% renewable option. There was discussion regarding payment issues and how residents would be made aware of the changes and their options under the program. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to select the Constellation’s standard offer with an option to opt in to the 100% renewable energy program for one year. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Shaw, and Steffen. Nays: Councilmembers Gavin, Powell, Prigge, Rauschenberger and Mayor Kaptain. Motion failed. There was discussion regarding what the different renewable energy options were and the costs associated with each program. Mr. Pruitt stated that while the option was not specifically in the bid materials, he felt it would be an option to allow for residents to opt up from the standard program to the 100% renewable program. Councilmember Powell made a motion, seconded by Councilmember Shaw, to select Constellation for its 100% renewable energy program, with the contingency to opt to the standard program if allowed by the vendor. Upon a roll call vote: Yeas: Councilmembers, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Dunne, Gavin, Martinez, Prigge and Shaw. Motion failed. Councilmember Prigge asked that the votes be read from Councilmember Shaw’s motion. Councilmember Prigge asked if that motion could be reconsidered. Corporation Counsel Cogley outlined the procedure to reconsider a motion. Mr. Cogley noted that if no decision was made the aggregation program would end and the electric supplier would convert back to Com Ed for one year. JULY 23, 2014 VOLUME LXXIX 282 Councilmember Prigge made a motion, seconded by Councilmember Shaw, to reconsider Councilmember Shaw’s original motion on the subject. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Gavin. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to select the Constellation standard offer with an option to opt in to the 100% renewable energy program Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Gavin. Resolution No. 14-101 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALTERNATIVE RETAIL ELECTRICITY SUPPLIER CONSTELLATION 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 Master Services Agreement with alternative retail electricity supplier, Constellation, with the form of such agreement to be as approved by the corporation counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 23, 2014 Adopted: July 23, 2014 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-102 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CENTRAL SALT, LLC FOR THE PURCHASE OF BULK ROAD SALT FOR THE 2014-2015 ICE AND SNOW REMOVAL SEASON Councilmember Gavin made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX JULY 23, 2014 283 Resolution No. 14-102 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CENTRAL SALT, LLC FOR THE PURCHASE OF BULK ROAD SALT FOR THE 2014-2015 ICE AND SNOW REMOVAL SEASON ($893,500) 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 interests of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Central Salt, LLC for the purchase of bulk road salt for the 2014-2015 ice and snow removal season in the total amount not to exceed $893,500, a copy of such agreement being attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 23, 2014 Adopted: July 23, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. S4-14, and G36-14 through G39-14, as well as adopt Resolution Nos. 14-95 through 14-98 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 23, 2014 VOLUME LXXIX 284 RESOLUTION 14-95 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS AT 2501 GALVIN ROAD (ELGIN SPEC I) Councilmember Dunne made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-95 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS AT 2501 GALVIN ROAD (Elgin Spec I) 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 at 2501 Galvin Road: sanitary sewer and water main. Acceptance of the public improvements will add the following city-maintained facilities: approximately 2,288 lineal feet of eight-inch water main; seven, eight-inch valves in four-foot vaults; four fire hydrants; 105 lineal feet of eight-inch sanitary sewer; one sanitary man-hole and all their respective appurtenances to the city-maintained facilities. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 23, 2014 Adopted: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-96 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR PUBLIC UTILITIES AT 2501 GALVIN ROAD Councilmember Dunne made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX JULY 23, 2014 285 Resolution No. 14-96 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR PUBLIC UTILITIES AT 2501 GALVIN ROAD 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 plat of easement for public utilities from Conor Globe Elgin I, LLC, Glenview State Bank, not personally but as Successor Trustee of the Edward J. Busse Trust dated April 2, 1987, and Ruth Busse Trust dated April 2, 1987, for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 23, 2014 Adopted: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-97 ADOPTED APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JULY 23, 2014 VOLUME LXXIX 286 Resolution No. 14-97 RESOLUTION APPROVING A GRANT RECIPIENT ELIGIBILITY LIST UNDER THE HISTORIC ARCHITECTURAL REHABILITATION GRANT PROGRAM WHEREAS, the Historic Architectural Rehabilitation Grant Program has been established to provide financial assistance and incentives for property owners in Elgin's historic districts and individual landmarks in the restoration of their properties; and WHEREAS, in 2014 applications have been made, to date, for 8 projects under the Historic Architectural Rehabilitation Grant Program; and WHEREAS, said applications received for Round 1 on June 5, 2014, have been submitted to the Elgin Heritage Commission which conducted a review and scored applications based upon objective criteria and forwarded an eligibility list to the City Council which has reviewed and approved the list. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the sum of $58,244.50 is allocated for the following projects approved under the grant recipient eligibility list. 2014 50/50 Grants Owner Address Grant Brigitte and Martin Nobbs 50 River Bluff Rd. $ 18,000.00 Tony Sanchez and Barb Counterman 132 N. Channing $ 18,737.50 Jean and Paul Bednar 16 Rugby Place $ 9,245.00 Jean and Paul Bednar 141 Hill Avenue $ 6,295.00 TOTAL $ 52,277.50 2014 75/25 Grant Owner Address Grant James DiFiglio 704 N. Spring Street $ 5,967.00 TOTAL $ 5,967.00 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXIX JULY 23, 2014 287 Presented: July 23, 2014 Adopted: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-98 ADOPTED AUTHORIZING A SECOND AMENDMENT TO THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE 2013 ANNUAL ACTION PLAN UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Dunne made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-98 RESOLUTION AUTHORIZING A SECOND AMENDMENT 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Resolution No. 14-46 is hereby amended to further amend the 2013 Community Development Block Grant Program Year and the 2013 Annual Action Plan for the reallocation of excess funds to the following additional projects: JULY 23, 2014 VOLUME LXXIX 288 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 Community Development Department Location: 150 Dexter Ct, Elgin, IL 60120 Additional Funding Amount: $130,000 2. BUILDING RENOVATION PROFESSIONAL SERVICES Provide funds to cover the expense for architectural services associated with the building renovation. Submitting Agency: Open Door Clinic Project Location: 1665 Larkin Avenue, Elgin, Illinois Proposed Level of Funding: $50,000 3. SALVAGE, WASTE AND RECYCLING EXPANSION Provide funds to building a 3,400 square foot addition to the Northern Illinois Food Bank distribution center to provide additional storage space to salvage and safely separate incoming food from outgoing waste and recycling to avoid contamination. Submitting Agency: Northern Illinois Food Bank Project Location: 273 Dearborn Court, Geneva, IL 60134 Proposed Level of Funding: $50,000 4. PARKS AND RECREATION ADA COMPLIANCE Provide funds to improve accessibility by removing physical or environmental barriers at city parks located within low- and moderate-income areas to be in accordance with recent American for Disabilities Act ADA requirements. Submitting Agency: City of Elgin Project Location: 150 Dexter Court, Elgin, Illinois Proposed Level of Funding: $116,430 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 VOLUME LXXIX JULY 23, 2014 289 Presented: July 23, 2014 Adopted: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S4-14 PASSED DESIGNATING ALFRED BOSWORTH MANSION AT 705 WEST HIGHLAND AVENUE AS A HISTORICAL LANDMARK Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. S4-14 AN ORDINANCE DESIGNATING ALFRED BOSWORTH MANSION AT 705 WEST HIGHLAND AVENUE AS A HISTORICAL LANDMARK WHEREAS, the Elgin Heritage Commission has conducted a public hearing and determined that the Alfred Bosworth Mansion at 705 West Highland Avenue meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation of a historical landmark; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the Alfred Bosworth Mansion at 705 West Highland Avenue has been identified by the Elgin Heritage Commission, as a significant historical and architectural structure within the City of Elgin due to its connection to prominent Elgin citizens and its significant architectural and structural design; and WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin’s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate the Alfred Bosworth Mansion at 705 West Highland Avenue as a historical landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Alfred Bosworth Mansion at 705 West Highland Avenue, located upon the property legally described as follows: JULY 23, 2014 VOLUME LXXIX 290 Parcel 1: Lots 1 and 2 and that part of Lot 3 lying northerly of a line drawn from a point on the east line of said Lot, 12 feet north of the southeast corner thereof to a point on the west line of said Lot 14, 54 feet northerly of the southwest corner thereof, all in Block II of Bosworth’s Addition to Elgin, in the City of Elgin, Kane County, Illinois. Parcel 2: That part of the west ½ of section 14, Township 41 North Range 8 East of the Third Principal Meridian, Described as follows: beginning at a point on the westerly line of Lot 3 in Block II of Bosworth’s Addition to Elgin, 54 feet northerly of the southwest corner of said Lot; thence northerly along the west line of said Block II to the southerly line of Highland Avenue; thence westerly along said southerly line of Highland Avenue; thence westerly along said southerly line of Highland Avenue, 16 ½ feet; thence southerly parallel with the westerly line of said Block II to a line drawn through point of beginning from a point in the east line of said Lot 3, 12 feet north of the southeast corner thereof; thence southeasterly along said line to the point of beginning, in the City of Elgin, Kane County, Illinois. be and is hereby designated as a historical landmark as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of the ordinance, and record a certified copy of the ordinance in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 23, 2014 Passed: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 23, 2014 Published: July 25, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX JULY 23, 2014 291 ORDINANCE G36-14 PASSED AMENDING TITLES 6 AND 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “BUSINESS LICENSES AND REGULATIONS” AND “HISTORIC PRESERVATION” TO AMEND THE PROVISIONS REGARDING PUBLIC HEARING NOTIFICATION SIGNS Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G36-14 AN ORDINANCE AMENDING TITLES 6 AND 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “BUSINESS LICENSES AND REGULATIONS” AND “HISTORIC PRESERVATION” TO AMEND THE PROVISIONS REGARDING PUBLIC HEARING NOTIFICATION SIGNS 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, determining public notice provisions regarding liquor licenses and certain applications for review by the Heritage Commission relate 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: Section 1. That Section 6.06.095 B. of the Elgin Municipal Code, 1976, as amended, entitled “Application; Meeting; Notice” be and is hereby further amended to read as follows: “B. Notice of this meeting shall be given by posting of a sign as provided herein. The applicant shall be responsible for posting a sign on the premises proposed to be licensed informing the general public of the upcoming public hearing. The required sign shall be obtained from the city for use by the petitioner and shall contain the following information: NOTICE OF PUBLIC HEARING FOR THIS PROPERTY LIQUOR LICENSE FOR MORE INFORMATION CALL 311 OR VISIT WWW.CITYOFELGIN.ORG/PUBLICHEARINGS” JULY 23, 2014 VOLUME LXXIX 292 Section 2. That Section 20.08.052 of the Elgin Municipal Code, 1976, as amended, entitled “Notification Signs for Public Hearing” be and is hereby amended as follows: “Applicants appealing the decision of the design review subcommittee to the Elgin heritage commission shall post a sign on the subject property informing the general public of the impending public hearing. The public hearing notification sign shall contain the following information: NOTICE OF PUBLIC HEARING FOR THIS PROPERTY HISTORIC PRESERVATION FOR MORE INFORMATION CALL 311 OR VISIT WWW.CITYOFELGIN.ORG/PUBLICHEARINGS The public hearing notification sign shall be posted on the subject property on the street frontage with the face of the sign placed perpendicular to the direction of traffic on each street and as close to the property line as practicable. A. Public hearing notification signs shall be posted not less than fifteen (15) days prior to the scheduled hearing. B. The applicant shall post a one hundred thirty-five dollar ($135.00) cash deposit with the planning department for the return of each required public hearing notification sign. The cash deposit shall be processed for a refund to the applicant on the return of each sign. In the event that the sign is not returned to the planning department within ten (10) days following the conclusion of the hearing for which the sign was posted, the one hundred thirty five dollar ($135.00) cash deposit shall be forfeited and applied to the cost of the replacement of the sign.” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXIX JULY 23, 2014 293 Presented: July 23, 2014 Passed: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 23, 2014 Published: July 25, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G37-14 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BY AMENDING THE PROVISIONS THEREOF RELATING TO A CLASS N LIQUOR LICENSE Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G37-14 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BY AMENDING THE PROVISIONS THEREOF RELATING TO A CLASS N LIQUOR LICENSE 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 Subsection 1 of subparagraph Q to read as follows: “Q. Classes N and N-1: JULY 23, 2014 VOLUME LXXIX 294 1. Class N: For the retail sale of alcoholic liquor at the riverboat gaming pavilion on the premises commonly known as 250 South Grove Avenue, Elgin, Illinois, in the following areas: a. First floor; designated restaurant area in conjunction with the service of meals for consumption on the premises. b. First floor; designated food court, snack bar and all seating areas for consumption on the premises. c. First floor; designated tavern area for consumption on the premises. d. Second floor; designated banquet facility for consumption on the premises. The term "premises" shall include any adjoining interior areas utilized in conjunction with the first floor designated food court, snack bar and seating areas. The term "premises" shall also include any adjoining exterior terrace areas utilized in conjunction with the designated area. The first floor designated tavern area shall be subject to the restrictions for a class A license as set forth under subsection 6.06.140N of this chapter, as amended, relating to the admission of persons who have not attained the age of twenty one (21) years. e. For the retail sale of alcoholic liquor at the city-owned Festival Park premises commonly known as 132 S. Grove Avenue, Elgin, Illinois, in conjunction with special events approved by the city. f. The license fee per year is eight hundred eighty dollars ($880.00).” 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 LXXIX JULY 23, 2014 295 Presented: July 23, 2014 Passed: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 23, 2014 Published: July 25, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G38-14 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO CREATE A NEW CLASS Y LICENSE FOR ART GALLERIES Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G38-14 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO CREATE A NEW CLASS Y LICENSE FOR ART GALLERIES 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; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to create a new class of liquor license for art galleries. 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 adding a new subparagraph V thereto to read as follows: “V. Class Y: For the service of alcoholic liquor limited to beer and wine for consumption on the premises by an arts organization. A Class Y licensee shall be limited to premises where a principal use thereof is an art JULY 23, 2014 VOLUME LXXIX 296 gallery and the service of alcoholic liquor shall be limited to offering complimentary beer and wine for consumption on the premises only to patrons in connection with special events of an artistic or cultural nature on the premises. Alcoholic beverages shall not be served more than four (4) hours in any one day and shall not be served more than ten (10) days per month. There shall be no mandatory entrance fee or cover charge for events at which alcoholic liquor is served. There shall be no self-service of alcoholic beverages. Alcoholic beverages shall be served only between the hours of 12:00 p.m. and 11:00 p.m. There shall be no exterior or interior signage on the premises advertising the sale or service of alcoholic liquor. The license fee per year is one hundred dollars ($100.00).” 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 by adding a new subparagraph Y thereto to read as follows: “Y. The number of class Y licenses shall not exceed one (1) in number.” Section 3. 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 classifications in subparagraph A thereof by adding a reference to the class Y license. Section 4. 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 5. 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: July 23, 2014 Passed: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 23, 2014 Published: July 25, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX JULY 23, 2014 297 ORDINANCE G39-14 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BY AMENDING THE PROVISIONS THEREOF RELATING TO A CLASS E-1 LICENSE AND BY AMENDING THE NUMBER OF CERTAIN LIQUOR LICENSE CLASSIFICATIONS Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G39-14 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BY AMENDING THE PROVISIONS THEREOF RELATING TO A CLASS E-1 LICENSE AND BY AMENDING THE NUMBER OF CERTAIN LIQUOR LICENSE CLASSIFICATIONS 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 H1 thereof which pertains to the Class E-1 license to read as follows: “1. Class E-1: For the retail sale in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of alcoholic liquor for consumption on the premises for establishments located in the CC1 center city zoning district and east of the Fox River, and on the premises for establishments located in the CC2 center city zoning district and east of the Fox River, south of Kimball, west of Dundee/Center and north of Prairie; expressly providing, however, that such licenses shall be issued only to establishments having a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than forty-five (45) persons at any one time, that fifty percent (50%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals and that fifty percent (50%) or more of the floor area of the establishment must be utilized for dining room areas for the regular service of meals. The license fee per year is five hundred seventy two dollars ($572.00).” JULY 23, 2014 VOLUME LXXIX 298 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 subparagraphs N, P and V thereof to read as follows: “N. The number of Class E-1 licenses shall not exceed six (6) in number. P. The number of Class E-3 licenses shall not exceed four (4) in number. V. 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 be and are hereby repealed the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 23, 2014 Passed: July 23, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: July 23, 2014 Published: July 25, 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, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Emergency Telephone System Board June 19, 2014 Liquor Commission June 11, 2014 Committee of the Whole Minutes June 25, 2014 City Council Minutes June 25, 2014 VOLUME LXXIX JULY 23, 2014 299 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Alcohol Tax Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Dunne, 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, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Pending, Probable or Imminent Litigation Against, Affecting, or on Behalf of the Public Body Before a Court or Administrative Tribunal - Exempt Under Section 120/2(c)(11) of the Open Meetings Act Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act 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 Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act The meeting adjourned at 10:12 p.m. s/ Kimberly Dewis August 13, 2014 Kimberly Dewis, City Clerk Date Approved