Loading...
HomeMy WebLinkAboutn - August 13, 2014 CC300 AUGUST 13, 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 August 13, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Pastor Greg Schiller, Assistant Director and Pastoral Advisor from the Street Ministries and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Absent: Councilmember Steffen. MINUTES OF THE JULY 23, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve the July 23, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. COMMUNICATIONS Deb Perryman - 2014 Environmental Educator of the Year Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, For the 2nd year in a row, Elgin High School was named by U.S. News and World Report as among the Best High Schools in the Nation for 2014; WHEREAS, Elgin High School teacher Deb Perryman was named 2014 Environmental Educator of the Year by the Environmental Education Association of Illinois; and WHEREAS, Ms. Perryman was recognized for implementing environmental education in and out of the classroom including using the 35 acres of natural space outside of Elgin High School as an instructional tool; and VOLUME LXXIX AUGUST 13, 2014 301 WHEREAS, Ms. Perryman and her students spearheaded an advocacy campaign about the last passenger pigeon on earth to promote protecting biodiversity, which campaign resulted in Governor Pat Quinn naming September 2014, the “Month of the Passenger Pigeon”, they helped inspire the first Elgin Water Day in 2013 and organized a National Biodiversity Teach-In to focus on biodiversity topics including protecting Blanding’s turtles, the impact of balloons and plastics in the ocean, GMO’s effect on biodiversity, monarch butterflies, shore birds, native plans and more. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby congratulate Elgin High School teacher Deb Perryman on receiving the 2014 Environmental Educator of the Year award. IN WITNESS WHEREOF, I have hereunto set my hand this13th day of August, 2014. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Armida Dominguez provided her personal experiences of offering rides to neighbors and suggested other opportunities that may help with the Ride in Kane situation. Vince Rychyanek stated his opposition to proposed changes in the makeup of the Board of Fire and Police Commissioners. Mike Butirro stated he was in favor of the change to the rent agreement with the Grand Victoria Casino. He had an increase in his business because of the concerts that were held in Festival Parking, and he stated further events and improvements to the Park would benefit the city. Ina Dews stated her opinions on the success of the 4th of July fireworks and her support for the Ride in Kane program. BID 14-032 AWARDED TO MARTAM CONSTRUCTION, INC. FOR SPORTS COMPLEX AMERICANS WITH DISABILITIES ACT IMPROVEMENTS There was discussion on the importance of the improvements and volume of visitors to the park for tournaments. There were comments made on the efforts of staff to provide the improvements at the best cost available. Councilmember Dunne made a motion, seconded by Councilmember Martinez, to award the Americans with Disabilities Act Softball Field Improvements bid to Martam Construction, Inc. in the amount of $644,464 in order to bring the softball fields into compliance with that ADA requirements. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. AUGUST 13, 2014 VOLUME LXXIX 302 BID 14-034 AWARDED TO DPS EQUIPMENT SERVICE, INC. FOR THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT PRE-SEDIMENTATION AND SECONDARY BASINS SCRAPER DRIVE MAINTENANCE Councilmember Gavin made a motion, seconded by Councilmember Shaw, to award a contract to DPS Equipment Service, Inc. in the amount of $73,500 for the Leo Nelson Riverside Treatment Plant pre-sedimentation and secondary basins scraper drive maintenance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. ORDINANCE G43-14 PASSED AMENDING CHAPTER 13.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “LEASE OF PUBLIC PLACES” Councilmember Dunne made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Ordinance No. G43-14 AN ORDINANCE AMENDING CHAPTER 13.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “LEASE OF PUBLIC PLACES” 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 leasing of public streets, alleys or other public rights of way or places pertains to the government affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 13.24 of the Elgin Municipal Code, 1976, as amended, entitled “Lease of Public Places” be and is hereby further amended to read as follows: "CHAPTER 13.24 LEASE OF PUBLIC STREETS 13.24.010: AUTHORIZATION; LENGTH OF LEASE: Notwithstanding any State statute to the contrary, any public street, alley or other public right of way which is no longer deemed necessary for the exclusive use of the public may be leased for a period not to exceed twenty (20) years upon such terms and conditions as the corporate authorities may determine. (Ord. G43-75 § 1, 1975) VOLUME LXXIX AUGUST 13, 2014 303 13.24.020: ORDINANCE PROCEDURE: Any street, alley or other public right of way no longer deemed necessary for the exclusive use of the public may be leased after passage of an ordinance by favorable vote of two-thirds (2/3) of the corporate authorities then holding office. The ordinance shall specify the location of the leased property, the use thereof and such conditions with respect to further use of the public interest. Prior to any lease by virtue of such an ordinance, notice of the proposal to lease shall be published at least once in a daily newspaper published in the City. Publication shall be not less than fifteen (15) nor more than thirty (30) days before the day provided in the notice stating the opening of the proposals for the lease of the subject property. The notice shall contain an accurate description of the property, state the purpose for which it is used, and at what meeting the proposals will be considered and opened and shall advertise for proposals therefor. The proposals shall be opened at a regular meeting of the corporate authorities. The corporate authorities may accept any proposal determined to be in the best interest of the City by a vote of two-thirds (2/3) of the corporate authorities then holding office, but by a majority vote of those holding office, they may reject any and all proposals." 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: August 13, 2014 Passed: August 13, 2014 Vote: Yeas: 8 Nays: 0 Recorded: August 13, 2014 Published: August 15, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 13, 2014 VOLUME LXXIX 304 RESOLUTION 14-112 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO AMENDED AND RESTATED GROUND LEASE WITH ELGIN RIVERBOAT RESORT-RIVERBOAT CASINO FOR ALTERNATIVE RENT CALCULATION AND TO ADD TERM OPTIONS TO THE LEASE AGREEMENT There was discussion regarding the proposed amendment to the ground lease and the costs associated with the changes. Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Prigge, Powell, Rauschenberger, and Mayor Kaptain. Nays: Councilmembers Gavin and Shaw. Resolution No. 14-112 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO AMENDED AND RESTATED GROUND LEASE WITH ELGIN RIVERBOAT RESORT-RIVERBOAT CASINO FOR ALTERNATIVE RENT CALCULATION AND TO ADD TERM OPTIONS TO THE LEASE AGREEMENT 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 Third Amendment to Amended and Restated Ground Lease Agreement on behalf of the City of Elgin with Elgin Riverboat Resort-Riverboat Casino for alternative rent calculation and to add term options to the lease agreement, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Vote: Yeas: 6 Nays: 2 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX AUGUST 13, 2014 305 RESOLUTION 14-113 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A SEWER EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES WITH SMC PROPERTIES, LLC AND FUNK PROPERTIES LIMITED Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Resolution No. 14-113 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A SEWER EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES WITH SMC PROPERTIES, LLC AND FUNK PROPERTIES LIMITED 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 sewer easement agreement for with SMC Properties, LLC and Funk Properties Limited for sanitary sewer purposes for the property legally described in the sewer easement agreement, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-114 ADOPTED NAMING CITY HALL AND THE CIVIC PLAZA THE ROBERT GILLIAM MUNICIPAL COMPLEX (150 DEXTER COURT) Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. AUGUST 13, 2014 VOLUME LXXIX 306 CONSENT AGENDA Councilmember Dunne thanked staff for providing information for items two and three on the consent agenda. By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass Ordinance Nos. G40-14 through G42-14 and adopt Resolution Nos. 14-103 through 14-111 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Martinez, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. RESOLUTION 14-103 ADOPTED AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE WITH FIRST AMERICAN BANK AND WITH FIRST AMERICAN BANK, SOLELY AS TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 19, 2009, TRUST NUMBER 1-09-124 (SETTLEMENT OF CASES FIRST AMERICAN BANK V. CITY OF ELGIN, ET AL, CASE NO. 12 CH 3967, AND FIRST AMERICAN BANK, SOLELY AS TRUSTEE ETC. V. CITY OF ELGIN, CASE NO. 12 MR 571) Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 14-103 RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE WITH FIRST AMERICAN BANK AND WITH FIRST AMERICAN BANK, SOLELY AS TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 19, 2009, TRUST NUMBER 1-09-124 (Settlement of cases First American Bank v. City of Elgin, et al, Case No. 12 CH 3967, and First American Bank, solely as Trustee etc. v. City of Elgin, Case No. 12 MR 571) 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 Settlement Agreement and Mutual General Release on behalf of the City of Elgin with First American Bank and with First American Bank, solely as Trustee under Trust Agreement dated August 19, 2009, Trust Number 1-09-124 (Settlement of cases First American Bank v. City of Elgin, et al, Case No. 12 CH 3967, and First American Bank, solely as Trustee etc. v. City of Elgin, Case No. 12 MR 571), a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute all documents necessary in VOLUME LXXIX AUGUST 13, 2014 307 conjunction with the subject Settlement Agreement and Mutual General Release authorized herein. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-104 ADOPTED APPROVING FINAL PLAT FOR VANDERMOLEN SUBDIVISION Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 14-104 RESOLUTION APPROVING FINAL PLAT FOR VANDERMOLEN SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Survey Systems of America, Inc. dated July 21, 2014, for the Vandermolen Subdivision. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 13, 2014 VOLUME LXXIX 308 RESOLUTION 14-105 ADOPTED REPEALING RESOLUTION NO. 14-22 Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 14-105 RESOLUTION REPEALING RESOLUTION NO. 14-22 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that is hereby repeals its Resolution No. 14-22 passed on February 26, 2014 entitled “Resolution Authorizing Execution of an Intergovernmental Agreement with the Illinois Office of the Comptroller Regarding Access to the Comptroller’s Local Debt Recovery Program”. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-106 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS OFFICE OF THE COMPTROLLER REGARDING ACCESS TO THE COMPTROLLER’S LOCAL DEBT RECOVERY PROGRAM Councilmember Powell 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, and Mayor Kaptain. Nays: None. VOLUME LXXIX AUGUST 13, 2014 309 Resolution No. 14-106 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS OFFICE OF THE COMPTROLLER REGARDING ACCESS TO THE COMPTROLLER’S LOCAL DEBT RECOVERY PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Illinois Office of the Comptroller regarding access to the comptroller’s local debt recovery program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-107 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. FOR PLUMBING, PIPE REPLACEMENT AND UPGRADING THE ELEVATOR Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 14-107 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. FOR PLUMBING, PIPE REPLACEMENT AND UPGRADING THE ELEVATOR 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 AUGUST 13, 2014 VOLUME LXXIX 310 authorized and directed to execute a community development block grant sub-recipient agreement on behalf of the City of Elgin with Senior Services Associates, Inc. for plumbing, pipe replacement and upgrading the elevator at the facility located at 101 South Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-108 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH OPEN DOOR CLINIC OF GREATER ELGIN FOR ARCHITECTURAL SERVICES REGARDING INTERIOR RENOVATION Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 14-108 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH OPEN DOOR CLINIC OF GREATER ELGIN FOR ARCHITECTURAL SERVICES REGARDING INTERIOR RENOVATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant sub-recipient agreement on behalf of the City of Elgin with Open Door Clinic of Greater Elgin for architectural services regarding interior renovation at the facility located at 1665 Larkin Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXIX AUGUST 13, 2014 311 Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-109 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH NORTHERN ILLINOIS FOOD BANK FOR THE CONSTRUCTION OF A BUILDING ADDITION Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 14-109 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH NORTHERN ILLINOIS FOOD BANK FOR THE CONSTRUCTION OF A BUILDING ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant sub-recipient agreement on behalf of the City of Elgin with Northern Illinois Food Bank for the construction of a building addition at the facility located at 273 Dearborn Court, Geneva, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 13, 2014 VOLUME LXXIX 312 RESOLUTION 14-110 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH HANOVER TOWNSHIP FOR ELEVATOR INSTALLATION Councilmember Powell 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, and Mayor Kaptain. Nays: None. Resolution No. 14-110 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH HANOVER TOWNSHIP FOR ELEVATOR INSTALLATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant sub-recipient agreement on behalf of the City of Elgin with Hanover Township for elevator installation at the facility located at 899 Jay Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-111 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Powell 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, and Mayor Kaptain. Nays: None. VOLUME LXXIX AUGUST 13, 2014 313 Resolution No. 14-111 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dr. Dorothea Poulos and Cynthia Applehoff-Siedsma be and are hereby reappointed as members of the Board of Health for a term that expires on May 1, 2017. BE IT FURTHER RESOLVED that John Roberson (Watch District) and Dennis Roxworthy (DC Cook District) be and are hereby reappointed as members of the Heritage Commission – Design Review Subcommittee for a term to expire on June 30, 2015. BE IT FURTHER RESOLVED that Bill Ristow (Spring-Douglas District) be and is hereby appointed as a member of the Heritage Commission – Design Review Subcommittee for a term to expire on June 30, 2015. BE IT FURTHER RESOLVED that Bill Wolf be and is hereby reappointed as a member of the Emergency Telephone System Board for a term to expire May 1, 2017. BE IT FURTHER RESOLVED that April Anderson, Toni Frazier and Mitch Jacobs be and are hereby reappointed as members of the Sustainability Commission for a term to expire on May 1, 2017. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Adopted: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G40-14 PASSED AMENDING CHAPTER 11.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “MOTOR DRIVEN CYCLES” Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. AUGUST 13, 2014 VOLUME LXXIX 314 Ordinance No. G40-14 AN ORDINANCE AMENDING CHAPTER 11.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “MOTOR DRIVEN CYCLES” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.45.020 of the Elgin Municipal Code, 1976, as amended, entitled “Prohibition,” be and is hereby further amended to read in its entirety as follows: “11.45.020: PROHIBITION: No person shall operate motor driven or electric cycles upon any public or private street, public sidewalk, parking lot, bike path or public park; provided, however, that a person may operate a motor driven or electric cycle for which the State of Illinois has issued a title document, license plates, and registration documents under the applicable provisions of the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., and where such operator has a valid driver’s license, on public or private streets and within parking lots intended for motor vehicle use.” 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: August 13, 2014 Passed: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: August 13, 2014 Published: August 15, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX AUGUST 13, 2014 315 ORDINANCE G41-14 PASSED GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A DRINKING PLACE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (600 SOUTH MCLEAN BOULEVARD) Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Ordinance No. G41-14 AN ORDINANCE GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A DRINKING PLACE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (600 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval to permit the establishment of a drinking place in the NB Neighborhood Business District at 600 South McLean Boulevard; and WHEREAS, the Planning & Zoning Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 7, 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 a conditional use to permit the establishment of a drinking place in the NB Neighborhood Business District at 600 South McLean Boulevard, and legally described as follows: THE SOUTH 1.24 ACRES OF THE FOLLOWING DESCRIBED PROPERTY: LOT 2, “BURNIDGE BROTHERS INDUSTRIAL PARK, UNIT NO. 5” AND THAT PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 2, “BURNIDGE BROTHERS INDUSTRIAL PARK, UNIT NO. 5; THENCE SOUTHERLY ALONG THE EXTENDED WESTERLY LINE OF SAID LOT 2, 49.65 FEET FOR A TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE LAST DESCRIBED COURSE 49.65 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 2; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 AND SAID SOUTHERLY LINE EXTENDED EASTERLY 362.0 FEET TO THE CENTER AUGUST 13, 2014 VOLUME LXXIX 316 LINE OF MCLEAN BOULEVARD; THENCE SOUTHERLY ALONG SAID CENTER LINE 50.0 FEET; THENCE WESTERLY 358.54 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 2.348 ACRES. (Property commonly known as 600 South McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Colonial Café as applicant and Clinton Anderson as owner, dated received May 8, 2014. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Site Plan submitted by Colonial Café dated received May 8, 2014. 3. Substantial conformance to Plat of Survey submitted by Colonial Café dated received May 8, 2014. 4. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Passed: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: August 13, 2014 Published: August 15, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX AUGUST 13, 2014 317 ORDINANCE G42-14 PASSED GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A PHYSICAL FITNESS FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (726 WEST CHICAGO STREET) Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Ordinance No. G42-14 AN ORDINANCE GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A PHYSCIAL FITNESS FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (726 West Chicago Street) WHEREAS, written application has been made requesting conditional use approval to permit the establishment of a physical fitness facility in the NB Neighborhood Business District at 726 West Chicago Street; and WHEREAS, the Planning and Zoning Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 5. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 7, 2014, made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 6. That a conditional use to permit the establishment of a physical fitness facility in the NB Neighborhood Business District at 726 West Chicago Street, and legally described as follows: PARCEL 1: THE WESTERLY 50 FEET OF LOT 12 IN BLOCK II (TWO) OF BOSWORTH'S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2 THE SOUTHERLY 100.0 FEET OF THE WESTERLY 146.00 FEET AND THE EASTERLY 158 FEET OF THE SOUTHERLY 270 FEET OF THE FOLLOWING DESCRIBED PROPERTY, TAKEN AS A TRACT, TO WIT: THAT PART OF THE AUGUST 13, 2014 VOLUME LXXIX 318 SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: PART OF LOT CXV OF COUNTY CLERK'S SUBDIVISION OF THE CITY OF ELGIN, AND PART OF LOT 3 IN BLOCK 2 OF S. WILCOX'S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: STARTING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE EASTERLY ON THE NORTH LINE OF SAID LOT 3 AND THE NORTHERLY LINE OF LOT 3 EXTENDED 125 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 3, 50 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF LOT 3, 125 FEET TO THE WEST LINE THEREOF; THENCE NORTHERLY ON THE WEST LINE OF SAID LOT 3 TO THE PLACE OF BEGINNING. ALSO PART OF LOTS 2 AND 3 IN BLOCK 2 OF S. WILCOX'S ADDITION TO ELGIN, AND PART OF LOT CXV OF COUNTY CLERK'S SUBDIVISION OF THE CITY OF ELGIN, DESCRIBED AS FOLLOWS: STARTING AT A POINT IN THE WEST LINE OF SAID LOT 3, 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 3 AND THE NORTHERLY LINE OF SAID LOT 3 EXTENDED 125 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINES OF SAID LOTS 2 AND 3, 50 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF LOT 3, 125 FEET TO THE WESTERLY LINE OF LOT 2; THENCE NORTHERLY ON THE WESTERLY LINES OF LOTS 2 AND 3, 50 FEET TO THE PLACE OF BEGINNING, (EXCEPTING THEREFROM THE FOLLOWING PORTION: THE NORTH 34 FEET OF THE WEST 85 FEET OF LOT 2 AND THE SOUTH 14 FEET OF THE WEST 85 FEET OF LOT 3, ALL IN BLOCK 2 OF WILCOX'S ADDITION TO THE CITY OF ELGIN), IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO THAT PART OF LOTS 1 AND 2 IN BLOCK II (TWO) OF S. WILCOX ADDITION TO ELGIN, AND PART OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 2, 34 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST PARALLEL WITH THE NORTH LINE AND NORTH LINE EXTENDED OF SAID LOT 2, 125 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOTS 2 AND 1, 50 FEET; THENCE WEST PARALLEL WITH THE EXTENSION OF AND THE NORTH LINE OF SAID LOT 2, 125 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH ALONG THE WEST LINE OF SAID LOTS 1 AND 2, 50 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO VOLUME LXXIX AUGUST 13, 2014 319 THE NORTH 34 FEET OF THE WEST 85 FEET OF LOT 2 AND THE SOUTH 14 FEET OF THE WEST 85 FEET OF LOT 3, IN BLOCK II (TWO) OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO BLOCK 1 AND LOT 1 (EXCEPT THE NORTHERLY 18 FEET) IN BLOCK II (TWO) OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 14; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 10.90 CHAINS; THENCE SOUTH TO THE NORTHERLY LINE OF BRIDGE STREET FOR A POINT OF BEGINNING; THENCE WESTERLY ALONG THE NORTHERLY LINE OF BRIDGE STREET 105 FEET TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF BLOCK 1 OF S. WILCOX ADDITION To ELGIN, AFORESAID; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK, 114 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK; THENCE SOUTHERLY 24 FEET TO THE POINT OF BEGINNING. ALSO THAT PART OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP AND RANGE AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 14; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 10.90 CHAINS; THENCE SOUTH TO THE NORTHEAST CORNER OF BLOCK 1 OF S. WILCOX ADDITION TO ELGIN, AFORESAID, FOR A POINT OF BEGINNING; THENCE WEST ALONG THE NORTH LINE OF SAID BLOCK 201 FEET 11 INCHES TO THE SOUTHEAST CORNER OF LOT 1 IN BLOCK II (TWO) OF SAID S. WILCOX ADDITION; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 1, 48 FEET TO A POINT 18 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 1; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 1 EXTENDED 26 FEET TO A LINE DRAWN PARALLEL WITH AND 125 FEET EAST OF THE WEST LINE OF LOTS 1, 2 AND 3 (MEASURED ALONG THE NORTH LINE OF SAID LOT 1 EXTENDED); THENCE NORTH ON SAID PARALLEL LINE TO A POINT 2.98 1/2 CHAINS NORTH OF THE NORTH LINE OF BLOCK 1 AFORESAID; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID BLOCK 1 TO THE WEST LINE OF THE TRACT OF LAND CONVEYED TO WM. C. KIMBALL BY DEED DATED SEPTEMBER 14, 1846, AND RECORDED JANUARY 18, 1859, IN BOOK 56, PAGE 508; THENCE SOUTH 2.98 1/2 CHAINS TO THE POINT OF BEGINNING, EXCEPTING FROM THE AFORE-DESCRIBED PARCELS TAKEN AS A TRACT THE NORTH 151.00 FEET OF THE WESTERLY 130.00 FEET THEREOF, IN THE CITY OF ELGIN, AUGUST 13, 2014 VOLUME LXXIX 320 KANE COUNTY, ILLINOIS. CHAINS NORTH OF THE NORTH LINE OF BLOCK 1 AFORESAID; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID BLOCK 1 TO THE WEST LINE OF THE TRACT OF LAND CONVEYED TO WM. C. KIMBALL BY DEED DATED SEPTEMBER 14, 1846, AND RECORDED JANUARY 18, 1859, IN BOOK 56, PAGE 508; THENCE SOUTH 2.98 1/2 CHAINS TO THE POINT OF BEGINNING, EXCEPTING FROM THE AFORE-DESCRIBED PARCELS TAKEN AS A TRACT THE NORTH 151.00 FEET OF THE WESTERLY 130.00 FEET THEREOF, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (Property commonly known as 726 West Chicago Street). be and is hereby granted subject to the following conditions: 5. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Barbara Maring as applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner, dated received June 16, 2014. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 6. Substantial conformance to the “Tenant Space” exhibit submitted by Barbara Maring as applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner dated received June 16, 2014. 7. Substantial conformance to “Plat of Survey” submitted by Barbara Maring as applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner dated received June 16, 2014. 8. Substantial conformance to the “Parking Layout” exhibit submitted by Barbara Maring as applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner dated received June 16, 2014. 9. Substantial conformance to the “Rent Roll” exhibit submitted by Barbara Maring as applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner dated received June 16, 2014. 10. The physical fitness facility will be restricted to 726 West Chicago Street located within the Oak Tree Shopping Plaza. 11. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. Compliance with all applicable codes and ordinances. Section 7. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. VOLUME LXXIX AUGUST 13, 2014 321 Section 8. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2014 Passed: August 13, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: August 13, 2014 Published: August 15, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw asked about the Image Commission’s work on the signage for the city. City Manager Stegall noted that the final decision would be the City Council’s and several options would be presented. Councilmember Dunne made a motion, seconded by Councilmember Gavin, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Bicycle & Pedestrian Advisory Committee July 1, 2014 Cultural Arts Commission June 9, 2014 Hemmens Cultural Center Advisory Task Force July 1, 2014 Human Relations Commission July 1, 2014 Heritage Commission March 4, April 1, June 3, 2014 Heritage Commission – Design Review April 8, 22, May 13, 27, and June 10, 2014 Image Advisory Commission June 23, 2014 Parks and Recreation Advisory Board May 27 and June 24, 2014 Planning and Zoning Commission April 7 and May 5, 2014 Police Pension Fund April 16, 2014 Committee of the Whole Minutes July 9, 2014 City Council Minutes July 9, 2014 AUGUST 13, 2014 VOLUME LXXIX 322 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Shaw, 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, and Mayor Kaptain. Nays: None. 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 Discussion of Minutes of Meetings Lawfully Closed Under This Act - Exempt Under Section 120/2(c)(21) of the Open Meetings Act The meeting adjourned at 7:38 p.m. s/ Kimberly Dewis August 27, 2014 Kimberly Dewis, City Clerk Date Approved