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HomeMy WebLinkAboutq - September 24, 2014 CC358 SEPTEMBER 24, 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 September 24, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:20 p.m. The Invocation was given by Eric Nelson, Executive Director of Administer Justice, and the Pledge of Allegiance was led by Police Chief Jeffrey Swoboda. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE SEPTEMBER 10, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the September 10, 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. COMMUNICATIONS Kane County Association for Home and Community Education Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Illinois Association for Home and Community Education was organized under the name Illinois Home Bureau Federation for the purpose of improving rural living and family and community life; and WHEREAS, Illinois Association for Home and Community Education was initiated in July, 1915; an Advisor was hired by the University of Illinois to develop a home improvement association. Kane County joined this University of Illinois Extension program in 1918; and VOLUME LXXIX SEPTEMBER 24, 2014 359 WHEREAS, Illinois Association for Home and Community Education evolved from Kane County Home Bureau Federation to Kane County Homemakers Education Association to the 2008 change, Kane County Association for Home and Community Education; and WHEREAS, Kane County Association for Home and Community Education is based at the University of Illinois Extension, 535 Randall Road, St. Charles, Illinois; and WHEREAS, Kane County Association for Home and Community Education is dedicated to addressing the issues of community outreach, cultural enrichment, family living, international study, public relations and community involvement for the entire population of Kane County, regardless of race color, national origin, sex, age or creed; NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, congratulate the Plato Center Unit of Kane County Association for Home and Community Education and designate the week of October 12-18 as HCE week. IN WITNESS WHEREOF, I have hereunto set my hand this 24th Day of September, 2014. David J. Kaptain Mayor Elgin Pumas Soccer Club National Cup Tournament Champions Recognition Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Elgin Pumas Soccer Club was founded in 1991 and has been providing positive programs to the Elgin community for over 17 years with the motto “Enriching Lives One Child at a Time”; and WHEREAS, The Elgin Pumas Soccer Club is a grassroots organization that exists to provide Elgin area youth and their families the opportunity to enjoy the game of soccer as well as learn the skills necessary to become healthy, drug free citizens; and WHEREAS, The Elgin Pumas believes that enhancing violence and drug prevention programs for youth is a wise investment for the future; and WHEREAS, The club allows boys and girls from ages 4 to 18 to grow as soccer players by offering recreational, travel and premier programs and allows them to develop as individuals by incorporating life skills training into the club curriculum; and WHEREAS, On July 21st 2014, the Elgin Pumas Soccer Club won the Under 13 US Club Soccer National Cup Tournament in Greensboro, North Carolina. SEPTEMBER 24, 2014 VOLUME LXXIX 360 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, do hereby extend sincere and warm congratulations and esteem to the Elgin Pumas Soccer Club on their success as champions of the 2014 Under 13 US Club Soccer National Cup Tournament. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of September, 2014. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Armida Dominguez commented on the Police Department expanded recruitment efforts including sending representatives to Puerto Rico. Krissy Palermo commented on the proposed resolution in support of charter schools in Elgin. She felt this idea is supported in the community. Mohammad Iqbal stated his opposition to the proposed solar energy ordinance. He outlined his reasons for asking the council to postpone approving the ordinance until it can be reviewed further. Jennifer Schroder, a U46 School Board member, stated her concerns about the proposed resolution in support of charter schools in Elgin. BID 14-039 AWARDED TO ARROW ROAD CONSTRUCTION FOR MCLEAN STREET RESURFACING PROJECT FROM MEYER TO BIG TIMBER Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award Arrow Road Construction, Inc. in the amount of $2,019,905 to resurface the McLean Boulevard pavement from Meyer Street to Big Timber Road. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. TOTAL COOPERATIVE PURCHASING NETWORK BID AWARDED TO TRANE U.S., INC. FOR BUILDING AUTOMATION GRAPHIC USER INTERFACE UPDATE Councilmember Dunne made a motion, seconded by Councilmember Shaw, to approve a contract with Trane U.S., Inc. in the amount of $27,200 to update the city’s building automation system. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX SEPTEMBER 24, 2014 361 PETITION 05-14 APPROVED REQUESTING A VARIATION OF THE KANE COUNTY STORMWATER ORDINANCE TO PERMIT 10 FEET OF MAXIMUM WATER FLUCTUATION IN LIEU OF THE 7.5 FEET AS REQUIRED BY ORDINANCE WITHIN THE PROPOSED STORMWATER MANAGEMENT DETENTION BASIN AT 1201 GIFFORD ROAD, BY GIFFORD 300, LLC AS APPLICANT AND OWNER Marc Mylott, Community Development Director, provided an overview of Petition 05-14 which requests a variation to the Kane County Stormwater Ordinance. 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 05-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 26-14 APPROVED REQUESTING A PLANNED DEVELOPMENT AS A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT, TO PERMIT CERTAIN DEPARTURES RELATED TO OFF-STREET PARKING AND STREET GRAPHICS REQUIREMENTS AT 1500 LARKIN AVENUE, BY LARKIN DONUT, INC., AS APPLICANT AND LARKIN PROPERTIES, LLC, AS OWNER Marc Mylott, Community Development Director, provided an overview of Petition 26-14 which requests a conditional use related to parking and graphics. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. There was discussion regarding the reduction in parking spaces, the traffic study, the pedestrian traffic across Larkin Avenue, and if the street graphics were appropriate for the area. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition 26-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 32-14 APPROVED REQUESTING A RESUBDIVISION OF LOTS 2 AND 3 OF RANDALL CROSSINGS BUSINESS PARK Marc Mylott, Community Development Director, provided an overview of Petition 32-14 which proposed to a resubdivision in Randall Crossing Business Park. 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 Steffen, to approve Petition 32-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SEPTEMBER 24, 2014 VOLUME LXXIX 362 PETITION 35-14 APPROVED REQUESTING AN AMENDMENT TO ORDINANCE NUMBER G11-99, TO INCLUDE AS A PERMITTED USE “PACKAGING PAPER AND PLASTICS FILM, COATED AND LAMINATED”; AT 1700 BIG TIMBER ROAD; BY MULTIFILM PACKAGING CORPORATION, AS APPLICANT AND 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 Powell made a motion, seconded by Councilmember Martinez, to approve Petition 35-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-132 ADOPTED SUPPORTING THE ESTABLISHMENT OF A CHARTER SCHOOL IN ELGIN Councilmember Powell made a motion, seconded by Councilmember Martinez, to table the Resolution 14-132 indefinitely. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, Rauschenberger, Shaw and Steffen. Motion failed. There was discussion regarding pros and cons of the charter schools and if the city should be involved in this issue. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Prigge, Rauschenberger, Shaw, and Steffen. Nays: Councilmembers Martinez, Powell, and Mayor Kaptain. Resolution No. 14‐132 RESOLUTION SUPPORTING THE ESTABLISHMENT OF A CHARTER SCHOOL IN ELGIN WHEREAS, high‐performing charter schools promote excellence and innovation by challenging students to reach their potential for academic success; and WHEREAS, charter schools throughout the United States, and State of Illinois, provide families with diverse educational options for their children; and WHEREAS, charter schools are authorized by a designated public entity to respond to the needs of communities, families and students in the United States; and to promote the principles VOLUME LXXIX SEPTEMBER 24, 2014 363 of quality, accountability, choice and innovation; and WHEREAS, in exchange for flexibility and autonomy, charter schools are held accountable by the public authorizers of such charter schools for improving student achievement and for sound financial and operational management; and WHEREAS, charter schools are required to meet the student achievement accountability requirements under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) in the same manner as traditional public schools; and WHEREAS, charter schools often set higher expectations for students, beyond the requirements under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to ensure that such charter schools are of high quality and truly accountable to the public; and WHEREAS, 42 states and the District of Columbia have enacted laws authorizing charter schools which has led to establishment of 6,400 charter schools, 124 in Illinois, serving more than 2,500,000 children; and WHEREAS, charter schools improve the achievement of students enrolled in such charter schools and collaborate with traditional public schools to improve public education for all students; and WHEREAS, charter schools (1) give parents the freedom to choose public schools; (2) routinely measure parental satisfaction levels; and (3) must prove their ongoing success to parents, policymakers and the communities served by such charter schools; and WHEREAS, for the foregoing reasons, the City of Elgin supports the establishment of charter schools. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ELGIN, ILLINOIS, that the city’s legislative representatives in the Illinois General Assembly jointly support the city’s effort to support the creation of charter schools in Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SEPTEMBER 24, 2014 VOLUME LXXIX 364 RESOLUTION 14-133 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 652 MCBRIDE STREET Councilmember Dunne made a motion, seconded by Councilmember Rauschenberger, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-133 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 652 MCBRIDE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a real estate contract on behalf of the City of Elgin with the Robert O. Werrbach Trust for the purchase of the property commonly known as 652 McBride Street for $115,000, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-134 ADOPTED ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN’S INSURANCE PROGRAM Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX SEPTEMBER 24, 2014 365 Resolution No. 14-134 RESOLUTION ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to accept the proposals on behalf of the City of Elgin for the city’s insurance program commencing October 1, 2014 as follows: a. To accept Travelers’ renewal proposal for liability and crime insurance for an annual premium of $524,553. b. To accept Safety National’s renewal proposal for excess workers’ compensation insurance for an annual premium of $194,379. c. To accept Indian Harbor’s renewal proposal for pollution liability insurance for a three year premium of $67,676. d. To accept Claim Management’s renewal proposal for workers’ compensation claims administration for an estimated annual cost of $45,000. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a service agreement with Claim Management Consultants, LLC dated October 1, 2014, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SEPTEMBER 24, 2014 VOLUME LXXIX 366 MOTION TO REMOVE ORDINANCE G51-14 FROM THE CONSENT AGENDA Councilmember Shaw made a motion, seconded by Councilmember Powell, to remove Ordinance G51-14 from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G51-14 TABLED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO PROVIDE FOR REGULATIONS RELATING TO SOLAR ENERGY SYSTEMS Councilmember Shaw made a motion, seconded by Councilmember Gavin, to table Ordinance G51-14. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass Ordinance No. G52-14 and adopt Resolution Nos. 14-125 through 14-134 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dunne, with regards to consent agenda item seven, commented on the pension obligations of the city and that the future costs of the pensions are taken into consideration. RESOLUTION 14-125 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT CO. FOR THREE GENESIS EXTRICATION COMBINATION TOOLS Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-125 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT CO. FOR THREE GENESIS EXTRICATION COMBINATION TOOLS 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 VOLUME LXXIX SEPTEMBER 24, 2014 367 an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and 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 Equipment Management Co. for three Genesis extrication combination tools, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-126 ADOPTED ACCEPTING GRANT OF THE DEPARTMENT OF JUSTICE FY2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR TECHNOLOGY-RELATED PURCHASES Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-126 RESOLUTION ACCEPTING GRANT OF THE DEPARTMENT OF JUSTICE FY2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR TECHNOLOGY-RELATED PURCHASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , that the City of Elgin, Illinois hereby accepts the Department of Justice FY2014 Edward Byrne Memorial Justice Assistance Grant in the amount of $18,079.60 for technology-related purchases. SEPTEMBER 24, 2014 VOLUME LXXIX 368 BE IT FURTHER RESOLVED that it hereby ratifies and approves the execution of an Intergovernmental Agreement dated July 9, 2014, between the City of Aurora, the City of Elgin and the County of Kane, 2014 Justice Assistance Grant (JAG) Program Award by Jeffrey A. Swoboda, Chief of Police, and Katie Johnston, Secretary, regarding technology-related purchases, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-127 ADOPTED AUTHORIZING EXECUTION OF A COMMUNICATIONS SYSTEM AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR REAL TIME INFORMATION CENTER SOLUTION Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-127 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNICATIONS SYSTEM AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR REAL TIME INFORMATION CENTER SOLUTION 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 that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a communications system agreement on behalf of the City of Elgin with Motorola Solutions, Inc. for Real Time Information Center solution, a copy of which is attached hereto and made a part hereof by reference. VOLUME LXXIX SEPTEMBER 24, 2014 369 BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute all documents necessary in conjunction with the subject communications system agreement authorized herein. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-128 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR PORTILLO’S ELGIN Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-128 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR PORTILLO’S ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat of subdivision prepared by TFW Surveying & Mapping, Inc. dated April 25, 2014, last revised June 9, 2014, for Portillo’s Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SEPTEMBER 24, 2014 VOLUME LXXIX 370 RESOLUTION 14-129 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH GREATER ELGIN FAMILY CARE CENTER FOR CHART ROOM RENOVATION AND CONVERSION AND SHELF REMOVAL Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-129 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH GREATER ELGIN FAMILY CARE CENTER FOR CHART ROOM RENOVATION AND CONVERSION AND SHELF REMOVAL 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 Greater Elgin Family Care Center for chart room renovation and conversion, and shelf removal at the facility located at 370 Summit 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: September 24, 2014 Adopted: September 24, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-130 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX SEPTEMBER 24, 2014 371 Resolution No. 14-130 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Nuhemi Morales Salazar be and is hereby reappointed as a member of the Elgin Housing Authority for a term that expires on December 31, 2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olivia Cheeks be and is hereby appointed as a member of the Elgin Housing Authority for a term that expires on December 31, 2017. BE IT FURTHER RESOLVED that June Wooten and Alvaro Fernandez be and are hereby appointed as members of the Board of Fire and Police Commissioners for a term to expire on May 1, 2017. BE IT FURTHER RESOLVED that Thomas Aagesen be and is hereby appointed as a member of the Board of Fire and Police Commissioners for a term to expire on May 1, 2015. BE IT FURTHER RESOLVED that Chris Manheim and Wayne Heinmiller be and are hereby reappointed as members of the Bicycle and Pedestrian Advisory Committee for a term to expire September 30, 2017. BE IT FURTHER RESOLVED that Kai Rush be and is hereby appointed as a member of the Image Advisory Commission for a term to expire on May 1, 2017. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SEPTEMBER 24, 2014 VOLUME LXXIX 372 RESOLUTION 14-131 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54 Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-131 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54 WHEREAS, representatives of the City of Elgin and representatives of the Policemen’s Benevolent and Protective Association, Unit #54 have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and the Policemen’s Benevolent and Protective Association, Unit #54, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute said agreement and the side letter associated with the agreement on behalf of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2014 Adopted: September 24, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXIX SEPTEMBER 24, 2014 373 ORDINANCE G52-14 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO PROVIDE FOR REGULATIONS RELATING TO WIND ENERGY SYSTEMS Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G52-14 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” TO PROVIDE FOR REGULATIONS RELATING TO WIND ENERGY SYSTEMS WHEREAS, the City of Elgin enacted the Sustainability Action Plan in August 2011, to encourage the community to pursue alternative and renewable sources of energy; and WHEREAS, the provision of wind energy systems on property within the community is consistent with the goals and objectives of the Sustainability Action Plan and will help to reduce community’s energy demand; and WHEREAS, written application has been made to amend the Elgin Zoning Ordinance to provide for the installation of wind energy systems on property; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in a manner provided by law; and WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the city council with a recommendation for approval and finding that the proposed amendments: Promote energy conservation and the use of renewable energy by city of Elgin residents and businesses Develop clean and renewable energy alternatives unique to Elgin Pursue alternatives and renewable energy systems to reduce Elgin’s urban peak energy demand. Will enhance the effectiveness of the Zoning Ordinance; Will not negatively affect city efforts to promote a positive image. SEPTEMBER 24, 2014 VOLUME LXXIX 374 WHEREAS, the Community Development Department recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions and Regulations,” be and is hereby further amended to add the following language: WIND ENERGY CONVERSION SYSTEM: Equipment used solely within a non-residential application to convert and then store or transfer energy from the wind into electricity. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system. A Wind Energy Conversion System shall be subject to the following supplementary regulations: A. Maximum Capacity: Wind Energy Conversion Systems shall have a maximum rated capacity of not more than twenty (20) kilowatts. B. Compatibility with neighboring properties: Wind Energy Conversion System shall utilize building materials that comply with the wind turbine manufacturer’s specifications. The accessory equipment structure should have colors and textures that are compatible with the existing principal building on the zoning lot [SR] and that effectively blend the system into the surrounding setting and environment to the greatest extent possible. Accessory structures [SR] shall comply with Chapter 19.14 – “Architectural Design and review” of the zoning ordinance. Additionally, no Wind Energy Conversion System Tower shall be constructed with climbing rungs less than twelve feet (12’) from the grade on which the tower is located. C. Electromagnetic Interference: No Wind Energy Conversion System shall cause electromagnetic degradation in performance of other electromagnetic radiators or receptors of quality and proper design. 1. The determination of degradation of performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and Electrical Industries Association. In case of any conflict between the latest standards and principles of these groups, the precedence in the interpretation of the standards and principles shall be in their order of listing (with the former listed group granted highest priority). 2. Rotor blades shall utilize nonmetallic rotor blades unless the applicant can supply documentation from an appropriate testing laboratory certifying that any metallic blade rotor proposed to be used will not cause electromagnetic interference. VOLUME LXXIX SEPTEMBER 24, 2014 375 3. The city reserves the right to revoke any permit granting a Wind Energy Conversion System whenever electromagnetic interference from that system becomes evident. D. Shadow Flicker and Blade Glint: A wind energy system shall be located, designed and operated so that shadow flicker from moving blades or reflected blade glint of the sun will not occur on any other property. Applications for Wind Energy Conversion System Towers shall be accompanied by documentation including an analysis on potential shadow flicker and blade glint on other properties. 1. The analysis shall identify the locations of shadow flicker and blade glint that may be caused by the proposed wind energy conversion system, and the expected durations of the flicker and blade glint at these locations from sunrise to sunset over the course of a year. 2. The analysis shall identify measures that shall be taken to eliminate or mitigate the problems. E. High Wind Safety: All Wind Energy Conversion Systems shall contain a rotor speed regulation mechanism that engages at wind speeds in excess of the manufacturer’s recommended safe operating speed and minimizes the potential for wind damage to the equipment. Manufacturer’s specifications shall be submitted with the building permit application. F. Graphics: No graphics of any kind are permitted, except for any applicable warning and equipment information graphics required by the manufacturer or by federal, state or local regulations. G. Lighting: Wind Energy Conversion Systems shall not be illuminated by artificial means, except where the illumination is specifically required by the Federal Aviation Administration (FAA) or federal, state, or local regulation. H. Noise: Wind Energy Conversion Systems shall comply with standards governing noise as contained in Chapter 10.30 of the Elgin Municipal Code. Additionally, a noise report shall be submitted with any application for a wind energy conversion system tower. The noise report shall be prepared by a qualified professional and shall include the following: 1. A description of the wind energy conversion system’s noise producing features, including the range of noise levels expected; 2. A description and map of the noise sensitive environment located within 1,000 feet of the wind energy conversion system, including any sensitive noise receptors, i.e. residences, hospitals, libraries, schools, places of worship, parks, areas with outdoor workers and other facilities where noise is a significant concern; SEPTEMBER 24, 2014 VOLUME LXXIX 376 3. A survey and report prepared by a qualified engineer that analyzes the pre- existing ambient noise (including seasonal variation) and the affected sensitive noise receptors located within 1,000 feet of the proposed project site; 4. A description of the proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive receptors as identified above to a level of insignificance. I. Maintenance required: All Wind Energy Conversion Systems shall be kept in good repair and free from rust. J. Abandonment: A Wind Energy Conversion System shall be deemed abandoned if the use as a Wind Energy Conversion System is discontinued. There shall exist a rebuttable presumption that the use was intended to be abandoned, if the normal operation of the system is stopped for a period of one (1) year. All components of an abandoned or unused Wind Energy Conversion Systems shall be removed within twelve (12) months of the cessation of operations unless an extension is approved the Code Enforcement Official. If an extension is not granted, such Wind Energy Conversion System shall be deemed a nuisance, and subject to the requirements of the City’s property maintenance code, requiring removal at the property owner’s expense. Following the removal of the Wind Energy Conversion System, the owner or operator of the site shall restore the site to at least its original condition. WIND ENERGY CONVERSION SYSTEM TOWER: A Wind Energy Conversion System [SR] mounted on any type of structure consisting of a mast, pole, tripod, or tower, which exceeds twenty (20) linear feet in combined height, where the sole purpose of such structure is to increase the height of the Wind Energy Conversion System. Wind Energy Conversion System Towers shall be subject to the following supplementary regulations: A. Number: No more than one (1) Wind Energy Conversion System Tower may be located on a Zoning Lot [SR] less than five (5) acres, and no more than three (3) Wind Energy Conversion System Towers may be located on a Zoning Lot greater than five (5) acres. B. Separation: Wind Energy Conversion System Towers shall be separated by a distance equal to two times (2x) the height of the tallest tower. C. Height: 1. For the purpose of this supplementary regulation, “combined height” shall mean the height measured at the highest part of the Wind Energy Conservation System Tower plus the tallest extension of any part of the Wind Energy Conversation System mounted thereto, such as the rotor blade. 2. The maximum combined height of a Wind Energy Conversion System Tower shall not exceed sixty (60) feet on a zoning lot less than five (5) VOLUME LXXIX SEPTEMBER 24, 2014 377 acres and one hundred (100) feet on a zoning lot greater than five (5) acres. The applicant shall justify the height request with documentation on the relationship of the proposed height to the efficiency of the particular Wind Energy Conversion System proposed to be used. 3. A Wind Energy Conversion System Tower may have a combined height of no more than one hundred and fifty (150) feet on a zoning lot greater than five (5) acres only if the Wind Energy Conversion System Tower is located at least one thousand (1,000) feet from a residence district, a residence conservation district, or residential property located beyond the city’s municipal boundary located within a district primarily designated residential. The applicant shall justify the height request with documentation on the relationship of the proposed height to the efficiency of the particular Wind Energy Conversion System proposed to be used. 4. The distance limitation in Subsection 3 of this definition shall be measured in a straight line, without regard to intervening structures, objects, or non- residential zoning districts, from the base of the Wind Energy Conversion System Tower to the nearest point on the nearest residence district or residence conservation district or to the nearest point on the "lot of record" [SR] line of a residential property located beyond the city’s municipal boundary located within a district primarily designated residential. 5. The minimum distance between the ground and the vertical length of any extensions or moving parts such as rotor blades shall be fifteen (15) feet. D. Setback: Wind Energy Conversion System Towers shall be located a minimum distance in an amount equal to 1.1 times the combined height of the Wind Energy Conversion System Tower from any residence conservation district, any residence district, any community facility district, any business district, the CI Commercial Industrial District, a public right-of-way, or residential property located beyond the city’s municipal boundary located within a district primarily designated residential. E. Accessory Equipment: All accessory equipment shall be located within an enclosed building or, where such equipment is located on the ground, shall be screened on all sides with a solid fence and screening landscape material. The fence shall be no less than six (6) feet in height and landscape material shall consist of a combination of evergreen trees and shrubs where the number of trees is calculated as the total length of the perimeter of the screening fence (L) divided by 50 and the number of shrubs is calculated as the total length of the perimeter of the screening fence (L) multiplied by 0.15. F. Design: Wind Energy Conversion System Towers shall be designed as a monopole. Metal towers shall be constructed per the wind turbine manufacturer’s SEPTEMBER 24, 2014 VOLUME LXXIX 378 specifications and be of a corrosive resistant material. Unpainted, galvanized metal towers shall be well maintained and free from corrosion. WIND ENERGY CONVERSION SYSTEM MOUNTED ON AN EXISTING BUILDING: Any "Wind Energy Conversion System" [SR] which is not a "Wind Energy Conversion System Tower" [SR], and which is located on an existing Building [SR]. A Wind Energy Conversion System Mounted on an Existing Building [SR] shall be subject to the following supplementary regulations: A. Clearance: No component of a Wind Energy Conversion System Mounted on an Existing Building [SR] shall be lower than fifteen (15) feet above the average grade at the foundation of the building. Additionally, no component of a Wind Energy Conversion System Mounted on an Existing Building shall exceed twenty (20) feet in height above the average surface of the roof measured at the base of the system. The applicant shall justify the height request with documentation on the relationship of the proposed height to the efficiency of the particular Wind Energy Conversion System proposed to be used. B. Number: Each Wind Energy Conversion System Mounted on an Existing Building [SR] shall have at least 10,000 square feet of building rooftop, and no building rooftop shall have more than five (5) such systems. C. Location: No Wind Energy Conversion System shall be located on the face of an existing structure or cover or interrupt any major architectural feature, such as doors, windows, or decorative architectural elements. Wind Energy Conversion Systems shall be mounted on the roof of buildings and setback no less than ten (10) feet from the front, side and rear walls of the building upon which it is mounted. D. Accessory equipment shall be either roof-mounted or located within an enclosed building. Roof-mounted accessory equipment shall be screened from view from public rights of way through the use of screening fences or walls. All screening shall be constructed fully of materials incorporating the principal building materials and architectural elements. Screening of the rooftop wind energy conversion system is not required. E. No Wind Energy Conversion System shall be located on a building containing a residential land use within the building. F. No Wind Energy Conversion System shall be located on a building that is designated an individual historic landmark in accordance with Title 20 of the Elgin Municipal Code entitled "Elgin Historic Preservation Ordinance." Section 2. That the following sections of the Elgin Municipal Code, 1976, as amended, be and are hereby further amended as follows: VOLUME LXXIX SEPTEMBER 24, 2014 379 A. That Section 19.30.130.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, Community Facility District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division "Wind Energy Conversion Systems" [SR] "Wind Energy Conversion System Towers" [SR]. B. That Section 19.35.430.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, AB Area Business District) be and is hereby further amended to add the following land use: 11. Transportation, communication and utilities division "Wind Energy Conversion Systems Mounted on an Existing Building" [SR] C. That Section 19.35.530.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, CC1 Center City District) be and is hereby further amended to add the following land use: 9. Transportation, communication and utilities division "Wind Energy Conversion Systems Mounted on an Existing Building" [SR] D. That Section 19.35.730.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, CC2 Center City District) be and is hereby further amended to add the following land use: 9. Transportation, communication and utilities division "Wind Energy Conversion Systems Mounted on an Existing Building" [SR] E. That Section 19.40.130.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following land use: 10. Transportation, communication and utilities division "Wind Energy Conversion Systems" [SR] "Wind Energy Conversion System Towers" [SR]. F. That Section 19.40.330.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, GI General Industrial District) be and is hereby further amended to add the following land use: 10. Transportation, communication and utilities division SEPTEMBER 24, 2014 VOLUME LXXIX 380 "Wind Energy Conversion Systems" [SR] "Wind Energy Conversion System Towers" [SR]. G. That Section 19.40.530.A. of the Elgin Municipal Code, 1976, as amended, entitled “Permitted Uses” (Land Use, CI Commercial Industrial District) be and is hereby further amended to add the following land use: 10. Transportation, communication and utilities division "Wind Energy Conversion Systems" [SR] "Wind Energy Conversion System Towers" [SR]. Section 3. That Section 19.12.600.E. entitled “Obstructions in Yards” (Side Yards) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to add the following language: Miscellaneous: "Wind Energy Conversion Systems" [SR] and "Wind Energy Conversion System Towers" [SR], encroaching zero linear feet into the required "building" [SR] "setback" [SR] from an "interior lot line" [SR], and subject to the provisions for land use of the zoning district in which they are located. Section 4. That Section 19.12.800 entitled “Authorized Site Design Variations” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following paragraph: D. Height: To permit an increase in the required maximum height of a structure or a building. The maximum height of "Wind Energy Conversion Systems" [SR] and "Wind Energy Conversion System Towers" [SR] shall not exceed ten percent (10%) of the maximum allowable height of such system or tower. Applications to vary the maximum height of "Wind Energy Conversion Systems" or "Wind Energy Conversion System Towers" shall be accompanied by the following additional information: 1. Scientific information, including but not limited to manufacturer's specifications and warranties, engineer's calculations and drawings and all such technical documents to justify the relationship of the proposed additional height to the efficiency of the particular system to be used. 2. A site plan, scaled to accurate dimensions, showing the location and height of the proposed facilities with respect to the subject site, as well as all structures within three hundred feet (300') of the subject property. 3. Mitigation to justify the additional requested height of the Wind Energy System. For ground-mounted systems, mitigation must be proposed through the use of increased setbacks from all lot lines and a combination of screening and landscape material. For building-mounted systems, mitigation must be proposed through the use of increased setbacks from the edge of the building and adequate screening VOLUME LXXIX SEPTEMBER 24, 2014 381 designed in material, colors and textures similar to those of the building on which the system is installed. Section 5. All above affected sections of Title 19 shall be re-alphabetized accordingly. Section 6. 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 7. 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: September 24, 2014 Passed: September 24, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 24, 2014 Published: September 26, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Martinez, 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 August 21, 2014 Hemmens Cultural Center Advisory Task Force August 5, 2014 Liquor Commission August 13, 2014 Committee of the Whole Minutes August 27, 2014 City Council Minutes August 27, 2014 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax SEPTEMBER 24, 2014 VOLUME LXXIX 382 Alcohol Tax Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gavin 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 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 Pending, Probable Or Imminent Litigation (Exempt Under Section 120/2(C)(11) Of The Open Meetings Act) The meeting adjourned at 9:26 p.m. s/ Kimberly Dewis October 8, 2014 Kimberly Dewis, City Clerk Date Approved