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HomeMy WebLinkAbouto - August 27, 2014 CC323 VOLUME LXXIX AUGUST 27, 2014 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on August 27, 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 Danny Taylor from the Church of the Nazarene and the Pledge of Allegiance was led by Councilmember Toby Shaw. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE AUGUST 13, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve the August 13, 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. Councilmember Steffen abstained. COMMUNICATIONS Herb’s Bakery 60th Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Herb’s Bakery is a local, family owned bakery located in Elgin since 1954 and comes from nine generations of bakers in Germany; WHEREAS, Herb’s Bakery originally was located on the east side of Elgin before moving to its current location on Larkin Avenue in the summer of 1974; and WHEREAS, Herb’s Bakery was honored as one of the first groups recognized as Master Bakers in the United States, has been voted one of the “Fox Valley’s Best Bakery” numerous times and their decorators have won several awards over the years; and AUGUST 27, 2014 VOLUME LXXIX 324 WHEREAS, In 2014, Herb’s Bakery is celebrating its landmark Anniversary of 60 years in business in Elgin. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby invite all citizens to join us in congratulating Herb’s Bakery on their landmark 60th Anniversary. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of August, 2014. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Linda Henderson expressed her concerns regarding a parking lot that was placed in the Bowes Creek Subdivision without the proper permit. Tom McCarthy stated his opinions about dead trees in the downtown area, his experiences with 311, the increased security in the council chambers and the changes being put in place to prevent an escape of those being held in custody at the Elgin Mental Health Facility. Charles Muscarello, attorney for businesses in the Fox Bluff Corporate Center, stated their concerns about the process in which the petition for Salveo Health moved forward from the Planning and Zoning Commission. Teresa Box stated her concerns about proposed changes and restrictions to the Ride in Kane program. PUBLIC HEARING REGARDING PETITION 23-14 TO AMEND THE ANNEXATION AGREEMENT FOR CAPITAL CORPORATE CENTER TO ESTABLISH SPECIAL REGULATIONS FOR THE CONSTRUCTION OF AN ELECTRONIC CHANGEABLE COPY (LED) GRAPHIC WITHIN AN AREA OF SPECIAL CHARACTER Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, provided an overview of Petition 23-14 which has proposed changes to an annexation agreement for construction of an electronic changeable copy graphic. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. Mayor Kaptain declared the public hearing closed. VOLUME LXXIX AUGUST 27, 2014 325 PETITION 23-14 APPROVED TO AMEND THE ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT ORDINANCE TO ESTABLISH SPECIAL REGULATIONS FOR THE CONSTRUCTION OF AN ELECTRONIC CHANGEABLE COPY (LED) GRAPHIC WITHIN AN AREA OF SPECIAL CHARACTER FOR THE PROPERTY KNOWN AS 1755-1765 CAPITAL STREET, BY ABCP INVESTMENTS LLC AS APPLICANTS Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve Petition 23-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 22-14 APPROVED TO AMEND THE TEXT OF THE ZONING ORDINANCE TO AMEND THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve Petition 22-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 30-14 APPROVED REQUESTING CONDITIONAL USE TO ESTABLISH A PHYSICAL FITNESS FACILITY WITHIN AN AB AREA BUSINESS DISTRICT; PROPERTY LOCATED AT 40 TYLER CREEK PLAZA; KIM STOVER AS APPLICANT, AND BMO REA-IL RETAIL LLC AS OWNER Marc Mylott, Community Development Director, provided an overview of Petition 30-14 which proposed to establish a physical fitness facility. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 30-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 34-14 APPROVED REQUESTING CONDITIONAL USE TO ESTABLISH A MEDICAL CANNABIS DISPENSING ORGANIZATION; PROPERTY LOCATED AT 1330 CRISPIN DRIVE; SALVEO HEALTH & WELLNESS, LTD AS APPLICANT, AND GARDEN 6 JOINT VENTURE LGP AS OWNER Marc Mylott, Community Development Director, stated that it was being suggested that the matter be remanded to the Planning and Zoning Commission for further consideration and public input. There was a discussion regarding the merits of sending the matter back to Planning and Zoning and if that action was necessary. AUGUST 27, 2014 VOLUME LXXIX 326 Councilmember Dunne made a motion, seconded by Councilmember Powell, to remand Petition 34-14 to the Planning and Zoning Commission. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Shaw, and Mayor Kaptain. Nays: Councilmember Gavin, Powell, Prigge, Rauschenberger, and Steffen. Motion failed. Mr. Mylott provided an overview of the petition and asked the petitioner to come forward and answer questions from the council. There was a discussion regarding the details of the security plan, the licensing process through the state, the impact on the neighborhood and how deliveries would be handled. Charles Muscarello, attorney for businesses in the Fox Bluff Corporate Center, outlined the main concerns of the group, including safety, zoning, and the procedures for providing a timely response to the Planning and Zoning Commission. Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve Petition 34-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. PETITION 37-14 APPROVED REQUESTING A FINAL PLAT OF SUBDIVISION FOR PORTILLO’S ELGIN, BY RICHPORT HOLDINGS LLC, AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of Petition 37-14 regarding the final plat of subdivision for Portillo’s Elgin. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve Petition 37-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-120 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE NEW FREEDOM/JARC SERVICE AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT REGARDING THE RIDE IN KANE PROGRAM (PHASE 9, 10, 11 AND 12) There was discussion regarding potential changes in the level of service, concerns over the increased costs to the city and when the study regarding the increased costs would be completed. Councilmember Dunne made a motion, seconded by Councilmember Powell, 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 AUGUST 27, 2014 327 Resolution No. 14-120 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE NEW FREEDOM/JARC SERVICE AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT REGARDING THE RIDE IN KANE PROGRAM (Phase 9, 10, 11 and 12) 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 a Ride in Kane New Freedom/JARC Service Agreement, Phase 9, 10, 11 and 12, on behalf of the City of Elgin with Association for Individual Development regarding the Ride in Kane 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 27, 2014 Adopted: August 27, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-121 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) FOR THE RIDE IN KANE PROGRAM There was discussion about the level of service for para transit, when proposed changes could take place, how much had been spent to date on the program, and ideas on how to fund the program this year. Mayor Kaptain suggested utilizing the General Fund to maintain the service for the remainder of the year and to wait to receive the information from the study to make further decisions about the levels of service Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. AUGUST 27, 2014 VOLUME LXXIX 328 Resolution No. 14-121 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) FOR THE RIDE IN KANE PROGRAM 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 Ride in Kane Pace Subsidy Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority (PACE) for the Ride in Kane 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 27, 2014 Adopted: August 27, 2014 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G45-14 PASSED AMENDING CHAPTER 3.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “BOARD OF FIRE AND POLICE COMMISSIONERS” Councilmember Shaw made a motion, seconded by Councilmember Gavin to approve the ordinance as presented. There was discussion regarding amending the motion to separate the topics contained within the ordinance for discussion. Councilmember Powell made a motion, seconded by Councilmember Dunne, to separate the discussion into the membership of the board and the revisions to application process. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. VOLUME LXXIX AUGUST 27, 2014 329 There was discussion regarding the make-up of the board membership and it was suggested that there should be three residents and the Police and Fire Chief. The proposed ordinance had two residents, the Police and Fire Chiefs and the Human Resources Director. There was an overview of the process including the different tests and the background checks that are conducted and the role of the Board of Fire and Police Commission in the hiring process. Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass Section One of the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. Councilmember Shaw made a motion, seconded by Councilmember Dunne, to pass Sections Two, Three, Four and Five of 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. G45-14 AN ORDINANCE AMENDING CHAPTER 3.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “BOARD OF FIRE AND POLICE COMMISSIONERS” WHEREAS, the City of Elgin is a home rule unit and as a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend the provisions relating to the members of the City of Elgin’s Board of Fire and Police Commissioners and the duties of the City of Elgin’s Board of Fire and Police Commissioners; and WHEREAS, the establishment of the City of Elgin’s Board of Fire and Police Commissioners and the duties thereof pertain 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 3.08.010 of the Elgin Municipal Code, 1976, as amended, entitled “Established” be and is hereby further amended to read as follows: “There is hereby established a board of fire and police commissioners for the city pursuant to the city's home rule authority. The board of fire and police commissioners hereby established shall be separate and distinct and supersede the board of fire and police commissioners authorized by statute. In the case of any conflict of any provision of this chapter with an y provision of the statutory provisions for board of fire and police AUGUST 27, 2014 VOLUME LXXIX 330 commissioners, the provisions of this chapter shall control. The board of fire and police commissioners shall consist of five (5) members. One (1) member shall be the fire chief or his designee, one (1) member shall be the police chief or his designee, and the remaining three (3) members shall be appointed by the city council. The terms of the members appointed by the city council shall be for three (3) years. Of the five (5) members of the board not less than one shall be a female and not less than one shall be a member of a racial minority as that term is used by the equal employment opportunity commission. The board of fire and police commissioners shall elect one of its members as chairman for a term of one year subject to reelection.” Section 2. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, entitled “Duties; Appointments; Exceptions” be and is hereby further amended by amending subparagraph B thereof to read as follows: “B. The fire chief, assistant fire chiefs, battalion fire chiefs and fire marshal of the fire department are and shall be exempt ranks and positions and shall be appointed or promoted by the city manager and shall be subject to removal by the city manager. The chief, deputy chiefs and commanders of the police department are and shall be exempt ranks and positions and shall be appointed or promoted by the city manager and shall be subject to removal by the city manager.” Section 3. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, entitled “Duties; Appointments; Exceptions” be and is hereby further amended by adding new subparagraphs H and I thereto to read as follows: “H. Except as hereinafter provided, no person shall be appointed to the police department if he or she does not possess a bachelor’s degree from an accredited college or university. Applicants for a position in the police department who are 1) persons who have engaged in the military service of the United States for a period of at least three (3) years of active duty, 2) persons who are currently employed as full-time sworn officers of a regular police department in any municipal, county, university or state law enforcement agency with at least three (3) years of full-time police experience, 3) persons who are currently employed as full-time community service officers with the Elgin Police Department with at least three (3) years employment with the City as a community service officer, or 4) persons who have participated in the Elgin Police Department Explorer Program with at least four (4) years of participation in such program and with not less than four hundred (400) hours of volunteer time in such program, and who have successfully completed and obtained sixty (60) hours of college credit with an accredited college or university, may be considered for appointment to active duty with the police department. VOLUME LXXIX AUGUST 27, 2014 331 I. The board of fire and police commissioners shall also assist the fire and police departments of the City with award and recognition ceremonies for police and fire personnel as requested by the fire and police departments.” 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 in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 27, 2014 Passed: August 27, 2014 Vote for Section 1: Yeas: 6 Nays: 3 Vote for Sections 2-5: Yeas: 9 Nays: 0 Recorded: August 27, 2014 Published: August 29, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G46-14 PASSED AMENDING CHAPTER 2.20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “RESIDENCY REQUIREMENTS FOR CITY OFFICERS” Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Dunne and Powell. Ordinance No. G46-14 AN ORDINANCE AMENDING CHAPTER 2.20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “RESIDENCY REQUIREMENTS FOR CITY OFFICERS” 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, Chapter 2.20 of the Elgin Municipal Code provides for residence requirements for certain city officers and employees; and AUGUST 27, 2014 VOLUME LXXIX 332 WHEREAS, the City Council has determined that it is necessary and desirable to amend certain provisions of the residency requirements and to provide for a community service requirement for certain city officers and employees; and WHEREAS, residency requirements and community service requirements for certain city officers and employees pertain 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 Chapter 2.20 of the Elgin Municipal Code, 1976, as amended, entitled “Residency Requirements for City Officers” be and is hereby further amended by amending the title of such Chapter to read “Residency and Community Service Requirements for City Officers”. Section 2. That Section 2.20.020 of the Elgin Municipal Code, 1976, as amended, entitled “Residency Required” be and is hereby further amended to read as follows: “2.2.020: RESIDENCY REQUIRED: The following listing of full time officers and employees, employed now or hereinafter by the city, shall be required as a condition of their continued employment to maintain their bona fide residence and their principal place of abode within the corporate city limits of the city of Elgin: city manager, fire chief, police chief, assistant city managers, community development director, public services director, parks and recreation director, police deputy chiefs, assistant fire chiefs, and city clerk.” Section 3. That Section 2.20.030 of the Elgin Municipal Code, 1976, as amended, entitled “Establishment” be and is hereby further amended to read as follows: “2.20.030: ESTABLISHMENT: All full time officers and employees of the city named in section 2.20.020 of this chapter shall establish residency within twenty four (24) months following original appointment whether or not probationary, or employment or promotion to an office or position for which a different residence is required by this chapter. Extensions of time in which to establish residency, or temporary exceptions to residency as required by this chapter, may be granted in the discretion of the city manager for a period not to exceed an additional thirty six (36) months, upon written application and, where there are practical difficulties or particular hardship in establishing residency within the time provided or in maintaining residency as otherwise provided. Notwithstanding the foregoing, in the event that a full time officer or employee of the city named in section 2.20.020 of this chapter establishes a new bona fide residence and principal place of abode during VOLUME LXXIX AUGUST 27, 2014 333 either the twenty four (24) month period or the thirty six (36) month period referred to in this section, the additional time period for the officer or employee to establish residency within the corporate limits of the city of Elgin shall be deemed terminated and such employee shall immediately thereafter be subject to the residency requirement within the corporate limits of the city of Elgin as provided for in section 2.20.020 of this chapter. Additional extensions of time in which to establish residency, or waivers of the residency as required by this chapter, may be granted in the discretion of the city manager, upon written application and upon a written finding by the city manager that such an additional extension of time or waiver of the residency requirement is in the best interests of the city and is necessary in order to recruit or retain qualified persons for the office or position at issue. Prior to granting such an additional extension of time or waiver of the residency requirement the city manager shall report to the city council in writing not less than thirty (30) days prior to the proposed granting of such a further extension or waiver advising the city council of the city manager’s recommendation and intention to grant such a further extension or waiver of the residency requirement.” Section 4. That Chapter 2.20.020 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a new Section 2.20.035 thereto entitled “Community Service Required” to read as follows: “2.20.035: COMMUNITY SERVICE REQUIRED: The following listing of full-time officers and employees, employed now or hereinafter by the city, shall be required to perform each calendar year not less than forty (40) hours of community service in the city: city manager, corporation counsel, fire chief, police chief, assistant city managers, community development director, chief financial officer, public services director, human resources director, parks and recreation director, communications director, public works director, water director, information technology services director, police deputy chiefs, assistance fire chiefs, and city clerk. Qualifying community service for the purpose of this section shall be as determined by the city manager and shall include, but is not limited to, attending community events.” Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 27, 2014 VOLUME LXXIX 334 Presented: August 27, 2014 Passed: August 27, 2014 Vote: Yeas: 7 Nays: 2 Recorded: August 27, 2014 Published: August 29, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G44-14 and adopt Resolution Nos. 14-115 through 14-119 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-115 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE PROVIDENCE UNIT 2C SUBDIVISION Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. 14-115 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 2C SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance in Providence Unit 2C Subdivision the following public improvements: approximately 120 lineal feet of 6-inch water main; approximately 270 lineal feet of eight-inch water main; approximately 4,435 lineal feet of 12-inch water main; three, 12-inch valves in 5-foot vaults; 16 fire hydrants; 2,991 lineal feet of 12-inch storm sewer; 682 lineal feet of 15-inch storm sewer; 757 lineal feet of 18-inch storm sewer; 1,150 lineal feet of 21-inch storm sewer; 1,235 lineal feet of 24-inch storm sewer; 108 lineal feet of 27-inch storm sewer; 895 lineal feet of 36-inch storm sewer; 74 catch basins and inlets; 31 storm manholes; 30 street lights; 43 street signs; 215 parkway trees and 12,367 lineal feet of improved street (including curb and gutter on both sides, parkway and bike path on one side of the street for southbound Longcommon Parkway, and curb and gutter on both sides with VOLUME LXXIX AUGUST 27, 2014 335 parkway and sidewalk on one side of the street for northbound Longcommon Parkway) and their appurtenances to the city maintained facilities. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 27, 2014 Adopted: August 27, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-116 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PULTE HOME CORPORATION REGARDING CERTAIN PUBLIC IMPROVEMENTS IN SHADOW HILL SUBDIVISION UNIT 4 Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. 14-116 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PULTE HOME CORPORATION REGARDING CERTAIN PUBLIC IMPROVEMENTS IN SHADOW HILL SUBDIVISION UNIT 4 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 an Agreement on behalf of the City of Elgin with Pulte Home Corporation regarding certain public improvements in Shadow Hill Subdivision Unit 4, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor AUGUST 27, 2014 VOLUME LXXIX 336 Presented: August 27, 2014 Adopted: August 27, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-117 ADOPTED ACCEPTING THE ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT REGARDING THE 2014 LOCAL ALCOHOL PROGRAM (LAP) Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. 14-117 RESOLUTION ACCEPTING THE ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT REGARDING THE 2014 LOCAL ALCOHOL PROGRAM (LAP) 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 accept the Illinois Department of Transportation Highway Safety Project grant in the amount of $12,570 regarding the 2014 Local Alcohol Program (LAP). BE IT FURTHER RESOLVED that it hereby ratifies and approves the execution of an Illinois Department of Transportation Highway Safety Project Agreement by Sean R. Stegall, City Manager, and Kevin Senne, Police Sergeant, regarding the 2014 Local Alcohol Program (LAP), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 27, 2014 Adopted: August 27, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX AUGUST 27, 2014 337 RESOLUTION 14-118 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR THE PURCHASE OF LIME SLAKER EQUIPMENT Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. 14-118 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR THE PURCHASE OF LIME SLAKER EQUIPMENT 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 an agreement on behalf of the City of Elgin with Smith Ecological Systems Company for the purchase of lime slaker equipment, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 27, 2014 Adopted: August 27, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUGUST 27, 2014 VOLUME LXXIX 338 RESOLUTION 14-119 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. 14-119 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from January, 2014 through June, 2014 are hereby approved and the minutes or the portions thereof set forth on the attached Exhibit A no longer require confidential treatment and are hereby made available for public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. The executive session minutes or the portions thereof set forth on the attached Exhibit C no longer require confidential treatment and are hereby made available for VOLUME LXXIX AUGUST 27, 2014 339 public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 4. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 27, 2014 Adopted: August 27, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G44-14 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Prigge, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G44-14 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number To Be Issued” be and is hereby further amended by amending subparagraphs M and Q thereof relating to the number of Class E and Class F licenses to read as follows: “M. The number of class E licenses shall not exceed eleven (11) in number. Q. The number of class F licenses shall not exceed nine (9) in number.” AUGUST 27, 2014 VOLUME LXXIX 340 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 after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 27, 2014 Passed: August 27, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 27, 2014 Published: August 29, 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 Gavin, 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 July 17, 2014 Liquor Commission July 9, 2014 Foreign Fire Insurance Tax Board April 8, 2014 Heritage Commission July 1, 2014 Heritage Commission –Design Review June 24 and July 8, 2014 Human Relations Commission July 1, 2014 Retiree Health Insurance Trust Fund May 12 and 13, 2014 Committee of the Whole Minutes July 23, 2014 City Council Minutes July 23, 2014 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Alcohol Tax Revenue VOLUME LXXIX AUGUST 27, 2014 341 Video Gaming Tax Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Martinez, 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. Collective Bargaining Issues or Deliberations Concerning Salary Schedules for One or More Classes of Employees - Exempt Under Section 120/2(c)(2) 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 9:11p.m. s/ Kimberly Dewis September 10, 2014 Kimberly Dewis, City Clerk Date Approved