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HomeMy WebLinkAboute - March 18, 2015 CC93 VOLUME LXXX MARCH 18, 2015 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 March 18, 2015, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 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 John Prigge. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE FEBRUARY 25, 2015, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve the February 25, 2015, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Chuck Keysor commented on the city’s newsletter article regarding revenue diversification and the cost of these changes to the average taxpayer. Grace Richards, Karin Jones, and Jerri McCue urged the council to resolve the pending litigation regarding the redevelopment of the Tower Building. Andrew Cuming announced the upcoming South West Area Neighbors (SWAN) candidate forum being held on March 21st. BID 14-062A AWARDED TO VARIOUS VENDORS FOR 2015 POOL CHEMICALS Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award contracts to Halogen Supply Company, Aqua Pure Enterprises, and Mineral Masters for The Centre of Elgin, Wing Park and Lords Park Family Aquatic Centers in the total amount of $52,396 for the purchase of various pool chemicals. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MARCH 18, 2015 VOLUME LXXX 94 BID 15-002 AWARDED TO THE DAVEY TREE EXPERT COMPANY FOR TREE SERVICES IN WATERFORD NEIGHBORHOOD 5 SUBDIVISION Councilmember Dunne made a motion, seconded by Councilmember Gavin, to award the bid to Davey Tree Expert Company in the amount of $67,104 to remove failing trees and plant replacements within the right‐of‐way in the Waterford Neighborhood 5 subdivision. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-003 AWARDED TO VARIOUS VENDORS FOR GOLF CHEMICAL SUPPLIES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve and award the bid to the designated lowest responsive bidders outlined in the memo provided to Council in the amount of $160,553 for the purchase of various chemicals to maintain the city’s golf courses. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-007 AWARDED TO LANDMARK CONTRACTORS FOR ELM STREET REHABILITATION PROJECT Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a contract to Landmark Contractors in the amount of $2,608,433 to improve sanitary, storm and pavement infrastructure for adjacent streets in the area of and including Elm Street. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-009 AWARDED TO THE DAVEY TREE EXPERT COMPANY FOR HERBICIDE APPLICATION SERVICES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award contract to The Davey Tree Expert Company in the amount of $59,019 for herbicide and fertilizer applications to land management, utilities, fire and cemetery properties to control weeds and maintain turf. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-014 AWARDED TO MR. DAVID’S FLOORING FOR CARPET REPLACEMENT There was discussion regarding the size of the project, the number of bidders, the impact of the responsible bidder’s ordinance and prevailing wage requirements, the method used to contact potential bidders, as well as feedback from bidders regarding the process. VOLUME LXXX MARCH 18, 2015 95 Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve a contract with Mr. David’s Flooring International, Ltd. in the amount of $195,263 for the replacement of carpeting in various locations. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-015 AWARDED TO KLF ENTERPRISES FOR THE DEMOLITION OF CITY OWNED PROPERTIES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve a contract with KLF Enterprises in the amount of $35,860 to remove vacant buildings from city owned property at 652 McBride and 980 Lavoie. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING AGREEMENT AWARDED TO ATLAS BOBCAT, LLC FOR THE PURCHASE OF UTILITY VEHICLES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract to Atlas Bobcat, LLC for the purchase of a Toolcat Utility Vehicle and Bobcat Skid Steer in the amount of $129,898 in order to meet the maintenance needs of water operations and distribution infrastructure. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASING AGREEMENT AWARDED TO CDW GOVERNMENT, LLC FOR THE PURCHASE OF MICROSOFT ENTERPRISE SOFTWARE LICENSE SUBSCRIPTION Councilmember Dunne made a motion, seconded by Councilmember Shaw, to award a contract to CDW Government, LLC for the software license subscription for Microsoft Office 365, Exchange Server and Archive Manager, Remote Desktop Services and SQL Server in the amount of $127,918 annually for a three‐year term. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FINAL PUBLIC HEARING REGARDING FISCAL YEAR 2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, PROVIDE FOR PUBLIC COMMENT ON THE 2015 ANNUAL ACTION PLAN, AND AUTHORIZE STAFF TO COMPLETE THE APPLICATION Mayor Kaptain declared the public hearing open. MARCH 18, 2015 VOLUME LXXX 96 Marc Mylott, Community Development Director, provided a review of the application process to date. Mayor Kaptain asked if any members of the audience wished to comment on this matter. After no comments from the audience, Mayor Kaptain declared the public hearing closed. RESOLUTION 15-38 ADOPTED AUTHORIZING FILING OF AN APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilmember Dunne made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-38 RESOLUTION AUTHORIZING FILING OF AN APPLICATION AND ANNUAL ACTION PLAN FOR A GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the preservation and rehabilitation of affordable housing, the rehabilitation of public facilities, and support for public service activities may be addressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Seven Hundred Ninety-Eight Thousand, Nine Hundred and Twenty-Six Dollars ($798,926) for the following projects: 1. CITY OF ELGIN RESIDENTIAL REHABILITATION GRANT PROGRAM CDBG funds will be used to provide grants for the rehabilitation of single-family housing owned and occupied by low- and moderate-income families. Project Location: City-wide activity Proposed Level of Funding: $219,543 VOLUME LXXX MARCH 18, 2015 97 2. CITY OF ELGIN PROGRAM ADMINISTRATION CDBG funds will be used to compensate the city staff and consultants for time utilized to administer the program. Project Location: 150 Dexter Ct, Elgin Proposed Level of Funding: $130,000 3. CITY OF ELGIN GROLICH PARK ADA IMPROVEMENTS CDBG funds will be used to make the playground at Grolich Park ADA compliant by installing a new playground area and equipment that meets all current ADA guidelines. Submitting Agency: City of Elgin’s Parks and Recreation Department Project Location: Grolich Park, 37 Souster Avenue, Elgin Proposed Level of Funding: $125,000 4. AID ELGIN GROUP HOMES ACCESSIBILITY RENOVATIONS CDBG funds will be used to improve bathroom accessibility and overall energy efficiency by renovating bathrooms, replacing windows and a garage door for 10 individuals who are low-income and developmentally disabled living at 2 group homes. Submitting Agency: Association for Individual Development Project Location: 1482 Maple Lane, Elgin and 974 Hillcrest Road, Elgin Proposed Level of Funding: $25,000 5. COMMUNITY CRISIS CENTER FOUNDATION IMPROVEMENTS CDBG funds will be used to make foundation repairs to the lower level of the building to provide a leak free, mold free and safe and comfortable work and living conditions for employees and clients. Submitting Agency: Community Crisis Center Project Location: 37 South Geneva, Elgin Proposed Level of Funding: $25,000 6. YWCA BUILDING SPACE DIVERSIFICATION PHASE 2 CDBG funds will be used to rehabilitate the lower level of the building to create additional space to accommodate program expansion and community services. Submitting Agency: YWCA of Elgin Project Location: 220 East Chicago Street, Elgin Proposed Level of Funding: $75,000 7. HABITAT FOR HUMANITY ROOF REPLACEMENT CDBG funds will be used to replace the existing roof of the building located at 56 South Grove Avenue. Submitting Agency: Habitat for Humanity of Northern Fox Valley Project Location: 56 South Grove Avenue, Elgin Proposed Level of Funding: $25,000 MARCH 18, 2015 VOLUME LXXX 98 8. KANE COUNTY LEAD BASED PAINT HAZARD CONTROL PROGRAM CDBG funds will be used to provide rehabilitation services for lead hazard reduction (lead safe housing) including interim control and/or abatement work to approximately 5 low- and moderate-income Elgin households with a child under the age of 6 residing in the home. Submitting Agency: Kane County Office of Community Reinvestment Project Location: City-wide activity Proposed Level of Funding: $50,000 9. FAIR HOUSING PROGRAMS & SERVICES CDBG funds will be used to provide fair housing education, training and counseling and assist the city in identifying barriers to fair housing. Submitting Agency: Hope Fair Housing Center Project Location: City-wide activity Proposed Level of Funding: $7,283 10. ELGIN WAYSIDE CENTER RENTAL ASSISTANCE CDBG funds will be used to pay a portion of the rent to provide day-time shelter for homeless persons. Submitting Agency: Elgin Wayside Center Project Location: 1732 Berkley Street, Elgin Proposed Level of Funding: $31,100 11. PADS RENTAL ASSISTANCE CDBG funds will be used to pay a portion of the rent to provide overnight emergency shelter for homeless persons. Submitting Agency: PADS of Elgin Project Location: 1730 Berkley Street, Elgin Proposed Level of Funding: $50,000 12. SENIOR SERVICES RENTAL ASSISTANCE CDBG funds will be used to pay for a portion of the rent of their existing facility. Submitting Agency: Senior Services Associates Project Location: 101 S Grove Avenue, Elgin Proposed Level of Funding: $36,000 Section 2. That the City Manager or his designee is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXX MARCH 18, 2015 99 Presented: March 18, 2015 Adopted: March 18, 2015 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-39 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CARRIE BALDWIN FOR GROUP FITNESS INSTRUCTION AND CLASSES Councilmember Dunne made a motion, seconded by Councilmember Steffen, 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. 15-39 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CARRIE BALDWIN FOR GROUP FITNESS INSTRUCTION AND CLASSES 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, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Carrie Baldwin for group fitness instruction and classes at The Centre from January 1, 2015 to December 31, 2015, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 18, 2015 Adopted: March 18, 2015 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MARCH 18, 2015 VOLUME LXXX 100 RESOLUTION 15-40 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DANAE MOLITOR FOR GROUP FITNESS INSTRUCTION AND CLASSES 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. Resolution No. 15-40 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DANAE MOLITOR FOR GROUP FITNESS INSTRUCTION AND CLASSES 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, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Danae Molitor for group fitness instruction and classes at The Centre from January 1, 2015 to December 31, 2015, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 18, 2015 Adopted: March 18, 2015 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-41 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH STERLING SYMMETRY UNLIMITED, INCORPORATED FOR GROUP FITNESS INSTRUCTION AND CLASSES Councilmember Steffen 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 LXXX MARCH 18, 2015 101 Resolution No. 15-41 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH STERLING SYMMETRY UNLIMITED, INCORPORATED FOR GROUP FITNESS INSTRUCTION AND CLASSES 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, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Sterling Symmetry Unlimited, Incorporated for group fitness instruction and classes at The Centre from January 1, 2015 to December 31, 2015, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 18, 2015 Adopted: March 18, 2015 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-42 ADOPTED APPROVING RIVERBOAT FUND GRANT RECIPIENTS 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, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. MARCH 18, 2015 VOLUME LXXX 102 Resolution No. 15-42 RESOLUTION APPROVING RIVERBOAT FUND GRANT RECIPIENTS WHEREAS, the Riverboat Fund Grant Program was established to provide financial assistance and support regarding operating costs for local not-for-profit organizations; and WHEREAS, fourteen grant applications were submitted for consideration in 2015 under the Riverboat Fund Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the Riverboat Fund Grant Program to the following organizations: Organization Program Amount Association for Individual Development AID employment and community integration program $ 10,700 Boys and Girls Club Youth services and academic programming $ 75,000 Centro de Informacion Bilingual outreach for community integration services $ 18,000 Ecker Center for Mental Health Outpatient mental health services $ 17,500 Food for Greater Elgin Food distribution $ 18,000 Literacy Connection Workforce readiness tutoring $ 11,500 NHS of the Fox Valley Pre-purchase and foreclosure counseling $ 10,700 United Way of Elgin Dolly Parton Imagination Library $ 6,000 VNA Health Care Bilingual outreach for medical services $ 10,700 Well Child Center First tooth visit program $ 9,000 Youth Leadership Academy YLA Freedom School $ 12,900 TOTAL $200,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. VOLUME LXXX MARCH 18, 2015 103 BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 18, 2015 Adopted: March 18, 2015 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-43 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT 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. Resolution No. 15-43 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a grant agreement with the Fox River Study Group for continued support of the Fox River Watershed Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor MARCH 18, 2015 VOLUME LXXX 104 Presented: March 18, 2015 Adopted: March 18, 2015 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S2-15 PASSED PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, IN AN AGGREGATE AMOUNT NOT TO EXCEED $12,300,000 TO REFUND CERTAIN OUTSTANDING BONDS OF SAID CITY, PROVIDING FOR THE LEVY OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS, AUTHORIZING AND DIRECTING THE EXECUTION OF AN ESCROW AGREEMENT IN CONNECTION WITH THE ISSUE OF SAID BONDS, AND AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF Councilmember Powell made a motion, seconded by Councilmember Gavin, 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 S2-15 IS ON FILE IN THE CITY CLERK’S OFFICE. CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G5-15, G6-15, and S1-15, and adopt Resolution Nos. 15-34 through 15-37 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-34 ADOPTED APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS Councilmember Dunne 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 LXXX MARCH 18, 2015 105 Resolution No. 15-34 RESOLUTION APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS WHEREAS, the Cultural Arts Commission Grant Program has been established to provide financial assistance for arts programming; and WHEREAS, thirteen grant applications were submitted for consideration in 2015 under the Cultural Arts Commission Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the Cultural Arts Commission Grant Program to the following organizations: Organization Event Amount Ballet Folklorico Cultural Performance $ 7,083 Children’s Theatre of Elgin A Salute to One-Hit Wonders $ 7,225 Elgin Children’s Chorus Darling Divas and Boys Power Sing $ 6,092 Elgin Master Chorale Rodgers and Hammerstein: "Something Wonderful" and "An Enchanted Morning" $ 6,588 Elgin Theatre Company Theater Production: "Wait Until Dark" $ 645 Elgin Youth Symphony Orchestra May performance: "Scheherazade" $ 7,603 Hamilton Wings SCORE! Program and Musical Performance $ 7,886 Heartland Voices A Choral Celebration $ 7,225 Independent Players Two 1930's Classical Theatrical Productions $ 2,942 International Latino Cultural Center Latino Film Festival $3,542 Janus Theatre First Look Fridays, Second Look Saturdays $ 5,288 Side Street Studio Arts Ultimate Painting $ 4,428 TOTAL $66,545 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor MARCH 18, 2015 VOLUME LXXX 106 Presented: March 18, 2015 Adopted: March 18, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-35 ADOPTED AUTHORIZING EXECUTION OF TWO LEASE AGREEMENTS AND A MAINTENANCE AGREEMENT WITH NADLER GOLF CAR SALES, INC. FOR LEASING ELECTRIC GOLF CARS AND MAINTENANCE OF GOLF CARS AT BOWES CREEK COUNTRY CLUB Councilmember Dunne 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. Resolution No. 15-35 RESOLUTION AUTHORIZING EXECUTION OF TWO LEASE AGREEMENTS AND A MAINTENANCE AGREEMENT WITH NADLER GOLF CAR SALES, INC. FOR LEASING ELECTRIC GOLF CARS AND MAINTENANCE OF GOLF CARS AT BOWES CREEK COUNTRY CLUB 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, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute two lease agreements and a maintenance agreement on behalf of the City of Elgin with Nadler Golf Car Sales, Inc. for leasing electric golf cars and maintenance of the golf cars at Bowes Creek Country Club, copies of which are attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXX MARCH 18, 2015 107 Presented: March 18, 2015 Adopted: March 18, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-36 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH NAPLETON'S ELGIN MOTORS HOLDING, INC. (909 EAST CHICAGO STREET) Councilmember Dunne 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. Resolution No. 15-36 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH NAPLETON'S ELGIN MOTORS HOLDING, INC. (909 East Chicago Street) 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 Economic Incentive Agreement with Napleton's Elgin Motors Holding, Inc. on behalf of the City of Elgin for economic development assistance in connection with the development of 909 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 18, 2015 Adopted: March 18, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MARCH 18, 2015 VOLUME LXXX 108 RESOLUTION 15-37 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION Councilmember Dunne 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. Resolution No. 15-37 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Dan Shomon, Inc. for legislative representation, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 18, 2015 Adopted: March 18, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G5-15 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC2 CENTER CITY DISTRICT (166 SYMPHONY WAY) Councilmember Dunne made a motion, seconded by Councilmember Martinez, 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. VOLUME LXXX MARCH 18, 2015 109 Ordinance No. G5-15 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC2 CENTER CITY DISTRICT (166 Symphony Way) WHEREAS, written application has been made requesting conditional use approval to establish a commercial event space to host various banquets, ceremonies, celebrations, meetings, seminars, exhibitions, and other like activities that involve the assembly of persons within a portion of the building located at 166 Symphony Way, which is legally described herein and is hereinafter referred to as the “Subject Property”; and WHEREAS, the Subject Property is located within the CC2 Center City District and such assembly uses are listed conditional uses within the CC2 district; and WHEREAS, after due notice in the manner provided by law, the Planning & Zoning Commission conducted a public hearing concerning said application on February 2, 2015; and WHEREAS, the Planning & Zoning Commission has submitted its written Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed and concurs with the recommendations of the Community Development Department and the Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated February 2, 2015, 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 establish a commercial event space that involves various assemblies of people within the tenant space at the Subject Property, which is legally described as follows: Lot 3 (except the Westerly 32 feet and also except the Southerly 6 feet), reserved Lot No. 47 (except the Easterly 132 feet and except that part lying Westerly of the Easterly line of the Westerly 32 feet of said Lot 3 extended Northerly) and the Southerly half of the vacated alley lying Northerly of and adjoining in Phineas J. Kimball’s Jr. Second MARCH 18, 2015 VOLUME LXXX 110 Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property commonly known as 166 Symphony Way) be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Development Application and attachments, submitted by John Haight and Raul Negron, dated received April 18, 2014. In the event of any conflict between the Development Application and attachments, including but not limited to that document titled “Conditional Use 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 with the Statement of Purpose and Conformance and Examples of Floor Plans Layouts, as revised by Doree Haight, on behalf of the applicants, dated received December 9, 2014. 3. Substantial conformance to the Exterior Egress Stair Project Rendering (Sheet A- 2), prepared by Proffit and Wallen LLC, dated January 21, 2015. 4. Assembly uses permitted by this grant of conditional use include: Business Dinners, Breakout Sessions, and/or Round-Table Discussions; Banquets (General); Baby Showers and/or Bridal Showers; Baptisms and/or Christenings; Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs); Conferences, Conventions, and/or Seminars; Colloquiums; Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; Corporate and/or Non-profit Events; Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes; Exhibitions, including but not limited to Art Shows; Expositions; Fairs and/or Festivals; Fundraisers; Galas; Gallery Displays, including but not limited to works of art, either temporary or permanent; Live Performances, Readings, and/or Plays; Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; Mind and Body Classes and Sessions, including but not limited to Meditation and/or Yoga; VOLUME LXXX MARCH 18, 2015 111 Networking Events; Plenary or General Sessions; Political Events; Press Conferences; Product Launch Events; Receptions; Retreats and Team Building Events; Social Events; Symposiums; Weddings Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; Wine and/or Food Tastings; and Other like assemblies of people. 5. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules, and regulations. Finally, any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules, and regulations. 6. The above assembly uses are authorized for only the indoor tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant is subject to all such provisions including but not limited to the number and duration and requirement for a separate permit for each outdoors event. 7. 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 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. MARCH 18, 2015 VOLUME LXXX 112 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: March 18, 2015 Passed: March 18, 2015 Vote: Yeas: 9 Nays: 0 Recorded: March 18, 2015 Published: March 20, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G6-15 PASSED AMENDING TITLE 17 "DEVELOPMENT IMPACT FEES", TITLE 18 "SUBDIVISIONS", TITLE 19 "ZONING ORDINANCE S1-15 PASSED", TITLE 20 "HISTORIC PRESERVATION" AND TITLE 22 "SANITARY SEWER REIMBURSEMENT" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Dunne made a motion, seconded by Councilmember Martinez, 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. G6-15 AN ORDINANCE AMENDING TITLE 17 “DEVELOPMENT IMPACT FEES”, TITLE 18 “SUBDIVISIONS”, TITLE 19 “ZONING ORDINANCE”, TITLE 20 “HISTORIC PRESERVATION” AND TITLE 22 “SANITARY SEWER REIMBURSEMENT” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the development administrator for the City of Elgin filed a written application for an amendment to the text of Title 19 of the Elgin Municipal Code, 1976, as amended, entitled “Zoning Ordinance” to correct various minor issues; and WHEREAS, that application for text amendment was assigned Petition No. 01-15; and WHEREAS, the Planning and Zoning Commission of the City of Elgin held a public hearing on February 2, 2015 and considered Petition No. 01-15; and VOLUME LXXX MARCH 18, 2015 113 WHEREAS, the Community Development Department of the City of Elgin and the Planning and Zoning Commission have submitted their Findings of Fact regarding Petition No. 01-15; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommended approval of Petition No. 01-15; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, other titles of the Elgin Municipal Code, 1976, as amended, including but not limited to Title 17 “Development Impact Fees,” Title 18 “Subdivisions,” Title 20 “Historic Preservation,” and Title 22 “Sanitary Sewer Reimbursement,” require similar amendments only to correct similar minor issues as those identified by the development administrator within Title 19 “Zoning Ordinance;” and 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, development impact fees, subdivisions, zoning, historic preservation, and sanitary sewer reimbursement, including but not limited to this ordinance amending the associated text of the Elgin Municipal Code, 1976, as amended, 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated February 2, 2015, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Section 17.03.010 A. of the Elgin Municipal Code, 1976, as amended, entitled "General Procedures for Development Impact Fees; Calculation of Development Impact Fees" be and is hereby further amended to read as follows: “A. Calculation of Impact Fees: Development impact fees established pursuant to this Title shall be calculated by the community development department.” Section 3. That Section 18.16.030 H. of the Elgin Municipal Code, 1976, as amended, entitled “Subdivision or Planned Unit Development Design Features; H.” be and is hereby further amended to read as follows: MARCH 18, 2015 VOLUME LXXX 114 “H. Impact assessments as may be required by the community development department in order to adequately evaluate the effect of the proposed development on the environment and existing community facilities and surrounding land uses, existing and proposed. A wetlands assessment report shall be required. A traffic impact analysis may be required by the engineering division of the department of public works and shall contain components as described in the institute of traffic engineers publication, transportation and land development;” Section 4. That Section 18.24.030 of the Elgin Municipal Code, 1976, as amended, entitled “Pathways” be and is hereby further amended to read as follows: “Pedestrian pathways shall have a right of way width of at least ten feet (10') and a paved surface of at least six feet (6') with appropriate landscaping and screening alongside boundary lines as determined by the community development department.” Section 5. That Section 19.07.600 A. of the Elgin Municipal Code, 1976, as amended, entitled "Official Zoning District Map; Incorporation" be and is hereby further amended to read as follows: “A. Incorporation: The location and boundaries of the zoning districts established by this Chapter are set forth in the Official Zoning District Map, dated August 2, 1992, as may be amended from time to time, which is incorporated herein and hereby made a part of this Chapter and Title. The Map shall be published as provided by law as a part of this Title, as though fully set forth and described herein. The map shall be filed with the office of the City Clerk and certified copies shall be made available for public purchase and inspection in the community development department during standard business hours.” Section 6. That Section 19.12.600 D. of the Elgin Municipal Code, 1976, as amended, entitled "Obstructions in Yards; Street Yards" be and is hereby further amended to add new subsections D. 15 and D. 16 as follows and renumber the subsequent subsections accordingly: “15. Parking Facilities: Equipment for the storage of shopping carts when such equipment is “accessory” [SR] to a “principal use” [SR], subject to the provision for land use of the zoning district in which it is located. 16. Parking Facilities: Equipment for the charging of electric vehicles when such equipment is located in conjunction with a lawfully established “parking garage” [SR], “parking lot” [SR], or “parking structure” [SR].” Section 7. That Section 19.15.520 J. of the Elgin Municipal Code, 1976, as amended, entitled "Land Use; Retail Trade Division" be and is hereby further amended to read as follows: “J. Retail trade division: Automotive dealers, not elsewhere classified (5599). VOLUME LXXX MARCH 18, 2015 115 Boat dealers (5551). Firearm sales (5941). Mobile home dealers (52). Motor vehicle dealers (new and used), except when located on a zoning lot [SR] either containing four (4) or more acres or fronting on Route 19/East Chicago Street between Willard Avenue on the west and Shales Parkway on the east (5511). Motor vehicle dealers (used only), except when located on a zoning lot [SR] either containing four (4) or more acres or fronting on Route 19/East Chicago Street between Willard Avenue on the west and Shales Parkway on the east (5521).” Section 8. That Section 19.47.090 of the Elgin Municipal Code, 1976, as amended, entitled "Required Number of Loading Berths" be and is hereby further amended to read as follows: “The required number of off-street loading berths shall be provided for all land uses as listed in Section 19.47.100 of this Chapter prior to the issuance of an occupancy permit, except those land uses located within the CC1 center city district and CC2 center city district shall not be required to provide off-street loading berths. Where there is more than one use as listed in the table located on any land or within any building, the required number of off-street loading berths shall be provided for each use.” Section 9. That Section 19.55.040 A. of the Elgin Municipal Code, 1976, as amended, entitled "Required Documents; Application Form" be and is hereby further amended to read as follows: “A. Application Form: Applications shall be made on forms provided by the community development department.” Section 10. That Section 19.55.060 of the Elgin Municipal Code, 1976, as amended, entitled "Procedures" be and is hereby further amended to read as follows: “A. Development Administrator: The applicant shall submit one copy of the required documents with the required fees to the development administrator. The development administrator shall review the application, publish notice of the public hearing date as provided by statute, and forward the application, and the written findings and recommendations of the community development department to the planning and zoning commission. B. Planning and Zoning Commission: The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The development administrator shall forward the application, the written findings and recommendations of the community development department, the written findings and recommendations of the planning and zoning commission, and the transcript of the public hearing to the city council. MARCH 18, 2015 VOLUME LXXX 116 C. City Council: The city council may pass an ordinance amending the text of this title or amending the districts of the official zoning map established by this title, as is appropriate. If city council does not approve the application as described within this subsection C of Chapter 19.55.060 within twelve (12) months of the close of the public hearing, the application shall be considered denied.” Section 11. That Section 19.60.080 of the Elgin Municipal Code, 1976, as amended, entitled "Site Design Regulations" be and is hereby further amended to read as follows: “The site design regulations for planned developments are established as minimum requirements. The city council may require additional conditions, restrictions, maximums, or minimums on the impact, location, design, construction, and operation of a planned development, exceeding such minimum requirements, as may be necessary to promote the purpose and intent of this title and chapter. The city council may also upon consideration of the standards as set forth in this chapter approve departures from the site design regulations provided for in this section and the other standards, regulations, requirements and procedures of this title and chapter as may be deemed necessary to promote the purpose and intent of this title and chapter. Subject to the foregoing, the site design regulations for a planned development district shall be the site design regulations provided for in the most similar zoning district which is not a planned development district (e.g., a PSFR2 planned single-family residence district shall have the site design regulations as provided for in the SFR2 single-family residence district).” Section 12. That Section 19.60.150 of the Elgin Municipal Code, 1976, as amended, entitled "Concept Plan Requirements" be and is hereby deleted in its entirety. Section 13. That Section 19.60.160 A. of the Elgin Municipal Code, 1976, as amended, entitled "Development Plan Requirements; Application Forms" be and is hereby further amended to read as follows: “A. Application Forms: Applications shall be made on forms provided by the community development department.” Section 14. That Section 19.60.180 of the Elgin Municipal Code, 1976, as amended, entitled "Procedures" be and is hereby further amended to read as follows: “A. Development Administrator: The applicant shall submit one (1) copy of the required documents and plans for a development plan with the required fees to the development administrator. The development administrator shall review the application, publish notice of the public hearing date as provided by statute, and forward the application, and the written findings and recommendations of the community development department to the planning and zoning commission. B. Planning And Zoning Commission: The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The development administrator shall forward the application, the VOLUME LXXX MARCH 18, 2015 117 written findings and recommendations of the community development department, the written findings and recommendations of the planning and zoning commission, and the transcript of the public hearing to the city council. The applicant shall submit additional copies of the development plan as required by the development administrator. C. City Council: The city council may pass an ordinance amending the official zoning map classifying the property described in the application within a planned zoning district, or the city council may pass an ordinance granting a conditional use for a planned development, as is appropriate. If city council does not approve the application as described within this subsection C of Chapter 19.60.180 within twelve (12) months of the close of the public hearing, the application shall be considered denied.” Section 15. That Section 19.65.040 A. of the Elgin Municipal Code, 1976, as amended, entitled "Required Documents; Application Form" be and is hereby further amended to read as follows: “A. Application Form: Applications shall be made on forms provided by the community development department.” Section 16. That Section 19.65.060 of the Elgin Municipal Code, 1976, as amended, entitled "Procedures " be and is hereby further amended to read as follows: “A. Development Administrator: The applicant shall submit one (1) copy of the required documents with the required fees to the development administrator. The development administrator shall review the application, publish notice of the public hearing date as provided by statute, and forward the application, and the written findings and recommendations of the community development department to the planning and zoning commission. B. Planning And Zoning Commission: The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The development administrator shall forward the application, the written findings and recommendations of the community development department, the written findings and recommendations of the planning and zoning commission, and the transcript of the public hearing to the city council. The applicant shall submit additional copies of the required documents as required by the development administrator. C. City Council: The city council may pass an ordinance granting a conditional use. If city council does not approve the application as described within this subsection C of Chapter 19.65.060 within twelve (12) months of the close of the public hearing, the application shall be considered denied.” Section 17. That Section 19.70.050 A. of the Elgin Municipal Code, 1976, as amended, entitled "Required Documents; Application Form" be and is hereby further amended to read as follows: MARCH 18, 2015 VOLUME LXXX 118 “Application Form: Applications shall be made on forms provided by the community development department.” Section 18. That Section 19.70.070 of the Elgin Municipal Code, 1976, as amended, entitled "Procedures" be and is hereby further amended to read as follows: “A. Development Administrator: The applicant shall submit one (1) copy of the required documents with the required fees to the development administrator. The development administrator shall review the application, publish notice of the public hearing date as provided by statute, and forward the application, and the written findings and recommendations of the community development department to the planning and zoning commission. The applicant shall submit additional copies of the required documents as required by the development administrator. B. Planning And Zoning Commission: The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The planning and zoning commission may grant the variation. If the planning and zoning commission does not approve the application as described within thi s subsection B of Chapter 19.70.070 within twelve (12) months of the close of the public hearing, the application shall be considered denied.” Section 19. That Section 19.75.060 of the Elgin Municipal Code, 1976, as amended, entitled "Procedures" be and is hereby further amended to read as follows: “A. Development Administrator: The appellant shall submit one (1) copy of the required documents to the development administrator within forty five (45) days from the date of the requirement, determination, or interpretation by the city engineer or the requirement by the code enforcement officer being appealed. The receipt of a complete application for an appeal shall stay all proceedings in furtherance of the action appealed unless the development administrator determines that the stay poses an imminent peril to life or property. The development administrator may affirm, reverse, or modify a requirement or a determination by the city engineer or by the code enforcement officer. The development administrator shall forward his written findings and decision to the appellant within ten (10) working days of the receipt of a complete application. B. Planning and Zoning Commission: The appellant shall submit one (1) copy of the required documents with the required fees to the development administrator within forty five (45) days from the date of the interpretation or determination by the development administrator being appealed. The receipt of a complete application for an appeal shall stay all proceedings in furtherance of the action appealed unless the development administrator determines that the stay poses an imminent peril to life or property. The development administrator shall forward the application, and the written findings and decision of the development administrator to the planning and zoning commission. The planning and zoning commission shall hold a public meeting pertaining to the application. At the public meeting, the planning and zoning commission shall decide the appeal based on the written evidence submitted by the development administrator and the appellant. Additional evidence or testimony shall be given only at the VOLUME LXXX MARCH 18, 2015 119 request of the planning and zoning commission. The planning and zoning commission may affirm, reverse, or modify the decision of the development administrator. If the planning and zoning commission does not approve the application as described within this subsection B of Chapter 19.75.060 within twelve (12) months of the date of the public meeting, the application shall be considered denied. C. City Council: The appellant shall submit one (1) copy of the required documents with the required fees to the development administrator within forty five (45) days from the date of the interpretation or determination by the planning and zoning commission being appealed. The receipt of a complete application for an appeal shall stay all proceedings in furtherance of the action appealed unless the development administrator determines that the stay poses an imminent peril to life or property. The development administrator shall forward the application, and the written findings and decision of the development administrator and of the planning and zoning commission to the city council. The city council shall hold a public meeting pertaining to the application. At the public meeting, the city council shall decide the appeal based on the written evidence submitted by the development administrator and the appellant. Additional evidence or testimony shall be given only at the request of the city council. The city council may affirm, reverse, or modify the decision of the planning and zoning commission. The decision of the city council shall be final. If the city council does not approve the application as described within this subsection C of Chapter 19.75.060 within twelve (12) months of the date of the public meeting, the application shall be considered denied.” Section 20. That Section 19.82.060 B. of the Elgin Municipal Code, 1976, as amended, entitled "Procedures; B." be and is hereby further amended to read as follows: “B. The applicant shall post a one hundred thirty five dollar ($135.00) cash deposit with the community development department for the return of each required public hearing notification sign. The cash deposit shall be processed for a refund to the applicant on the return of each sign. In the event that the sign is not returned to the community development department within ten (10) days following the conclusion of the hearing for which the sign was posted, the one hundred thirty five dollar ($135.00) cash deposit shall be forfeited and applied to the cost of the replacement of the sign.” Section 21. That Section 20.08.052 B. of the Elgin Municipal Code, 1976, as amended, entitled "Notification Signs for Public Hearing; B." be and is hereby further amended to read as follows: “B. The applicant shall post a one hundred thirty five dollar ($135.00) cash deposit with the community development department for the return of each required public hearing notification sign. The cash deposit shall be processed for a refund to the applicant on the return of each sign. In the event that the sign is not returned to the community development department within ten (10) days following the conclusion of the hearing for which the sign was posted, the one hundred thirty five dollar ($135.00) cash deposit shall be forfeited and applied to the cost of the replacement of the sign.” Section 22. That Section 22.02.050 of the Elgin Municipal Code, 1976, as amended, entitled "Requirement" be and is hereby further amended to read as follows: MARCH 18, 2015 VOLUME LXXX 120 “No "building permit" as herein defined shall be issued for a nonexempt development unless the applicant therefor has paid the sanitary sewer reimbursement imposed by and calculated pursuant to this title. Prior to or concurrent with issuance of a building permit, approval of a site plan, approval of a final plat of subdivision, or approval of a final plat of a planned development, the community development department shall calculate the interceptor sanitary sewer reimbursement. An amendment to an approved site plan, final plat of subdivision, final plat of planned development, or an annexation agreement shall require compliance with this title to the extent that such amendment results in the calculation of a revised sanitary sewer reimbursement.” Section 23. That Section 22.06.010 B. of the Elgin Municipal Code, 1976, as amended, entitled "General Procedures; Calculation Of Interceptor Sanitary Sewer Reimbursement" be and is hereby further amended to read as follows: “B. Calculation Of Interceptor Sanitary Sewer Reimbursements: Interceptor sanitary sewer reimbursements established pursuant to this title shall be calculated by the community development department.” Section 24. That Section 22.06.010 D. of the Elgin Municipal Code, 1976, as amended, entitled "General Procedures; Collection Of Private Interceptor Sanitary Sewer Reimbursements" be and is hereby further amended to read as follows: “D. Collection Of Private Interceptor Sanitary Sewer Reimbursements: Private interceptor sanitary sewer reimbursements calculated and due pursuant to this title shall be collected by the owner. The owner of property for which an interceptor sanitary sewer reimbursement ordinance has been approved shall record such ordinance, shall obtain reimbursement data from the community development department, and shall issue a certificate of payment in the form provided by the city upon the payment of reimbursement from the owner of a benefited property.” Section 25. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions and Regulations; Residential Occupations, Conditional" be and is hereby further amended to read as follows: “RESIDENTIAL OCCUPATIONS, CONDITIONAL: A "business" [SR] which is "accessory" [SR] to a "dwelling unit" [SR]. Conditional residential occupations shall be subject to the provisions of chapter 19.65 of this title. The planning and zoning commission may recommend and the city council may require such conditions and restrictions on the impact, location, design, construction, and operation of the conditional residential occupation as may be deemed necessary to promote the purpose and intent of this title. Conditional residential occupations shall be subject to the following supplementary regulations: VOLUME LXXX MARCH 18, 2015 121 A. Operation; Generally: The operation of a conditional residential occupation shall be limited to the persons residing in the dwelling unit plus one additional employee or subcontractor, working on the premises, who is not a resident. B. Use Of Land And Structures: All conditional residential occupations shall be conducted wholly within an "enclosed building" [SR]. Conditional residential occupations may utilize specialized processes and equipment in the performance of the residential occupation, which require building, HVAC, plumbing, or electrical installations which are not customarily found within a dwelling unit. However, no conditional residential occupation shall utilize any process or equipment with any potential for a life/safety hazard, as may be determined by the code official. The floor area of the conditional residential occupation within the principal building shall be limited to thirty percent (30%) of the "residential floor area" [SR]. Residential occupations which exceed ten percent (10%) of the "fire area" shall be subject to the provisions for "accessory areas" of title 16 of this code, as may be amended. No merchandise shall be stored on the premises, except such that can be produced on the premises. Other merchandise may be kept on the premises temporarily while waiting to be distributed to the consumer. No merchandise, goods, supplies, equipment, or materials shall be displayed or stored outdoors. C. Prohibited Alterations: No alterations, exterior or interior of structures, temporary or permanent, that change the essential residential character of the land or structures of a "zoning lot" [SR] with a conditional residential occupation shall be allowed, including, but not limited to, additional entrances and exits, additional bathrooms, accessible doorways and ramps, etc. No signs other than those allowed in residence districts and in residence conservation districts by chapter 19.50 of this title shall be allowed on a zoning lot with a conditional residential occupation. D. Traffic And Parking: No merchandise, goods, supplies, or materials associated with a conditional residential occupation shall be received or delivered on a zoning lot with a conditional residential occupation unless conducted entirely by U.S. postal service, similar parcel delivery service, or private passenger motor vehicle. No dwelling unit with a conditional residential occupation shall generate more demand for off street parking than exists on the zoning lot or in excess of the number of off street parking stalls that may be assigned to a dwelling unit. No more than ten (10) persons shall be allowed to visit the premises of a dwelling unit with a conditional residential occupation for the purpose of conducting business each day. Such visitations shall be limited to Monday through Saturday from the hours of eight o'clock (8:00) A.M. to six o'clock (6:00) P.M., and Sunday from the hours of twelve o'clock (12:00) noon to five o'clock (5:00) P.M. MARCH 18, 2015 VOLUME LXXX 122 E. Public Nuisance: No conditional residential occupation shall be operated in such a manner as to cause a public nuisance including, but not limited to, interference with broadcast radio and television reception; offensive noise, vibration, smoke, dust, heat, glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems. F. Prohibited Conditional Residential Occupations: No conditional residential occupation shall involve the detailing, servicing, or repairing of motor vehicles. No conditional residential occupation shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or livestock. No conditional residential occupation shall involve the handling or preparation of food, except as may be allowed by the cottage food operation provisions of the state of Illinois food handling regulation enforcement act2. With the exception of certified massage therapists, which shall be regulated as a conditional residential occupation, and with the exception of "home child daycare services" [SR], which are regulated otherwise, no conditional residential occupation shall involve the personal or medical care or treatment of persons. Certified massage therapists are further regulated by title 6 of this code. "Home child daycare services" [SR] are regulated separately from the provisions of this section. G. Certificate Of Occupancy And Compliance: Conditional residential occupations shall obtain a certificate of occupancy and compliance from the code administration department prior to starting the conditional residential occupation.” Section 26. 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 27. 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: March 18, 2015 Passed: March 18, 2015 Vote: Yeas: 9 Nays: 0 Recorded: March 18, 2015 Published: March 20, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXX MARCH 18, 2015 123 ORDINANCE S1-15 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP Councilmember Dunne made a motion, seconded by Councilmember Martinez, 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. S1-15 AN ORDINANCE ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2015 Official Zoning Map" dated March 18, 2015 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois. Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map. Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $55.00 and each quadrant map - $25.00. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor MARCH 18, 2015 VOLUME LXXX 124 Presented: March 18, 2015 Passed: March 18, 2015 Vote: Yeas: 9 Nays: 0 Recorded: March 18, 2015 Published: March 20, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Shaw, 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. Bicycle & Pedestrian Advisory Committee February 3, 2015 Building Commission May 21, 2014 and February 18 and 25, 2015 Emergency Telephone System Board January 15, 2015 Hemmens Cultural Center Advisory Task Force February 3, 2015 Heritage Commission February 3,2015 Planning and Zoning Commission January 5, 2015 Strategic Plan Commission January 27, 2015 Committee of the Whole Minutes for February 11, 2015 City Council Minutes for February 11, 2015 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Electricity Tax Alcoholic Tax Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXX MARCH 18, 2015 125 ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:01 p.m. s/ Kimberly Dewis April 8, 2015 Kimberly Dewis, City Clerk Date Approved