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HomeMy WebLinkAboutf - April 8, 2015 CC126 APRIL 8, 2015 VOLUME LXXX 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 April 8, was held on, 2015, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:10 p.m. The Invocation was given by Reverend Greg Schiller, Managing Director of Matthew 25:40 Ministries and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MARCH 18, 2015, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve the March 18, 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. COMMUNICATIONS Muscular Dystrophy Association Presentation Ellen Sanders, from the Muscular Dystrophy Association (MDA), and the Edmonton Family presented a plaque to Mike Troiani from Local 439 for their efforts with the MDA's Fill the Boot Fundraising program. RECOGNIZE PERSONS PRESENT Senator Michael Noland and his wife Veronica presented a plaque to Fire Lieutenant Bob Bedard on behalf of Cauquenes, Chile for his efforts to provide that city with fire equipment and training. VOLUME LXXX APRIL 8, 2015 127 BID 15-013 AWARDED TO CUSTOM BUILT COMMERCIAL FENCE CORPORATION FOR BLUFF CITY CEMETERY FENCE REPLACEMENT PHASE II Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Custom Built Commercial Fence Corporation in the amount of $79,033 to replace aged and obsolete fencing at Bluff City Cemetery. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-016 AWARDED TO MAINTENANCE COATINGS, INC. FOR PAVEMENT MARKING PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Shaw, to award a contract to Maintenance Coatings, Inc. in the amount of $331,034 for the 2015 Pavement Marking Program to provide clear traffic guidance on city maintained roads. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-017 AWARDED TO TRIGGI CONSTRUCTION FOR WATERFORD SUBDIVISION NEIGHBORHOOD 5 – COMPLETION AND PUNCHLIST ITEMS Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award a contract to Triggi Construction in the amount of $348,812 to complete the subdivision punch list items within 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 15-018 AWARDED TO PLOTE CONSTRUCTION, INC. AND ARROW ROAD CONSTRUCTION FOR BITUMINOUS PATCHING MIXTURES GROUPS I AND II Councilmember Shaw made a motion, seconded by Councilmember Powell, to authorize the purchase of bituminous patching mixtures (Group I and Group II) from Plote Construction, Inc. in the amount of $171,360 and from Arrow Road Construction in the amount of $28,400 to provide public works with the materials necessary to repair and replace asphalt infrastructure. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APRIL 8, 2015 VOLUME LXXX 128 BID 15-023 AWARDED TO H. LINDEN & SONS SEWER AND WATER, INC. FOR WATER MAIN REPLACEMENT ON WOODWARD AND STANDISH Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a contract to H. Linden & Sons Sewer and Water, Inc. in the amount of $1,127,742 to improve the city’s infrastructure and water quality with replacement of aging water main along Woodard and Standish. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-025 AWARDED TO COMPASS MINERALS AMERICA FOR 2015-2016 PURCHASE OF BULK ROAD SALT Councilmember Steffen made a motion, seconded by Councilmember Shaw, to award the 2015- 2016 purchase of bulk road salt to Compass Minerals America in the amount of $683,600 to ensure the city has a sufficient supply for the 2015-2016 ice and snow removal season. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 56-14 APPROVED FOR 815 SOUTH RANDALL ROAD; AN APPLICATION BY VERSA DEVELOPMENT FOR AN AMENDMENT TO PAB PLANNED AREA BUSINESS ORDINANCE G40-06 AND FOR FINAL PLAT APPROVAL TO CONSTRUCT A FREE-STANDING STARBUCKS COFFEE STORE WITH A DRIVE- THROUGH FACILITY Marc Mylott, Community Development Director, provided an overview of Petition 56-14 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. There was discussion regarding traffic flow issues. Councilmember Dunne made a motion, seconded by Councilmember Gavin, to approve Petition 56-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING FOR PETITION 57-14 AT 901 AND 1000 CORRON ROAD; AN APPLICATION BY RYLAND HOMES FOR A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE STONEBROOK SUBDIVISION, SPECIFICALLY THAT PORTION REFERRED TO AS THE CEDAR GROVE SUBDIVISION, FOR AN AMENDMENT TO THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE G48-06, FOR AN AMENDMENT TO THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE G47- 06, AND FOR FINAL PLAT APPROVAL TO CONVERT 46 TOWNHOME UNITS ON EIGHT LOTS INTO 25 SINGLE-FAMILY RESIDENTIAL LOTS Mayor Kaptain declared the public hearing open. VOLUME LXXX APRIL 8, 2015 129 Marc Mylott, Community Development Director, provided an overview of Petition 57-14 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. Mayor Kaptain declared the public hearing closed. PETITION 57-14 APPROVED FOR 901 AND 1000 CORRON ROAD; AN APPLICATION BY RYLAND HOMES FOR A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE STONEBROOK SUBDIVISION, SPECIFICALLY THAT PORTION REFERRED TO AS THE CEDAR GROVE SUBDIVISION, FOR AN AMENDMENT TO THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE G48-06, FOR AN AMENDMENT TO THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE G47- 06, AND FOR FINAL PLAT APPROVAL TO CONVERT 46 TOWNHOME UNITS ON EIGHT LOTS INTO 25 SINGLE-FAMILY RESIDENTIAL LOTS Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve Petition 57-14 subject to conditions. 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 Gavin, to pass Ordinance Nos. G7-15 through G9-15 and adopt Resolution Nos. 15-44 through 15-51 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-44 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT ABROGATION, 30' RIGHT-OF-WAY DEDICATION TO KANE COUNTY AND GRANT OF EASEMENT FOR WATERMAIN, PUBLIC UTILITY AND BIKE PATH PURPOSES FROM ORLEANS RHIL, LP (STONEBROOK SUBDIVISION-OVER PART OF THE SOUTHEAST QUARTER OF SECTION 26-41-7) 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. APRIL 8, 2015 VOLUME LXXX 130 Resolution No.15-44 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT ABROGATION, 30' RIGHT-OF-WAY DEDICATION TO KANE COUNTY AND GRANT OF EASEMENT FOR WATERMAIN, PUBLIC UTILITY AND BIKE PATH PURPOSES FROM ORLEANS RHIL, LP (Stonebrook Subdivision-Over Part of the Southeast Quarter of Section 26-41-7) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement abrogation, 30' right-of-way dedication to Kane County and grant of easement for watermain, public utility and bike path purposes from Orleans RHIL, LP for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-45 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR STORM SEWER AND STORMWATER MANAGEMENT PURPOSES FROM GIFFORD 300, LLC (1225 GIFFORD ROAD) Councilmember Dunne made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXX APRIL 8, 2015 131 Resolution No.15-45 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR STORM SEWER AND STORMWATER MANAGEMENT PURPOSES FROM GIFFORD 300, LLC (1225 Gifford Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement for storm sewer and stormwater management purposes from Gifford 300, LLC for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-46 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR STORMWATER MANAGEMENT PURPOSES FROM COPART, INC. (1475 BLUFF CITY BOULEVARD) 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. APRIL 8, 2015 VOLUME LXXX 132 Resolution No.15-46 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR STORMWATER MANAGEMENT PURPOSES FROM COPART, INC. (1475 Bluff City Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement for stormwater management purposes from Copart, Inc. for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-47 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2015 NEIGHBORHOOD STREET REHABILITATION-ELM STREET PROJECT AND FOR DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2016 NEIGHBORHOOD STREET REHABILITATION-WOODARD STREET PROJECT 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. VOLUME LXXX APRIL 8, 2015 133 Resolution No. 15-47 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2015 NEIGHBORHOOD STREET REHABILITATION-ELM STREET PROJECT AND FOR DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2016 NEIGHBORHOOD STREET REHABILITATION-WOODARD STREET PROJECT 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 an agreement on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for engineering services in connection with the 2015 Neighborhood Street Rehabilitation-Elm Street Project and for design engineering services in connection with the 2016 Neighborhood Street Rehabilitation-Woodard Street Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-48 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR DESIGN ADMINISTRATION AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE SOUTH STREET EXTENSION PROJECT 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. APRIL 8, 2015 VOLUME LXXX 134 Resolution No. 15-48 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR DESIGN ADMINISTRATION AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE SOUTH STREET EXTENSION 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 an agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for design administration and planning engineering services in connection with the South Street Extension Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-49 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ESSENTIAL EQUIPMENT SOLUTIONS, INC. FOR BULLARD THERMAL IMAGING CAMERAS 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. 15-49 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ESSENTIAL EQUIPMENT SOLUTIONS, INC. FOR BULLARD THERMAL IMAGING CAMERAS 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 LXXX APRIL 8, 2015 135 an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Essential Equipment Solutions, Inc. for Bullard thermal imaging cameras, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-50 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOLIDATED CONSULTING ENGINEERS FOR MECHANICAL ENGINEERING SERVICES IN CONNECTION WITH VARIOUS HVAC AND ELECTRICAL SYSTEM REPAIR PROJECTS 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. 15-50 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOLIDATED CONSULTING ENGINEERS FOR MECHANICAL ENGINEERING SERVICES IN CONNECTION WITH VARIOUS HVAC AND ELECTRICAL SYSTEM REPAIR PROJECTS 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 Consolidated Consulting Engineers for mechanical engineering services in connection with various HVAC and APRIL 8, 2015 VOLUME LXXX 136 electrical system repair projects, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-51 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE BROOKSIDE DETENTION BASIN RETROFITTING PROJECT 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. 15-51 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE BROOKSIDE DETENTION BASIN RETROFITTING 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 an agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc. for engineering services in connection with the Brookside Detention Basin Retrofitting Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXX APRIL 8, 2015 137 Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-52 ADOPTED FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE REGARDING THE 2015 MOTOR FUEL TAX PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-52 IS ON FILE IN THE CITY CLERK’S OFFICE ORDINANCE G7-15 AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO CREATE A NEW CLASS F-2 RESTAURANT LICENSE Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G7-15 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO CREATE A NEW CLASS F-2 RESTAURANT LICENSE WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquor dealers pertains to the government and affairs of the city; and WHEREAS, the City Council of the City of Elgin has determined it is appropriate to create a new and additional class of liquor license for restaurants. APRIL 8, 2015 VOLUME LXXX 138 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled “License Classes; Fees:” be and is hereby further amended by amending subparagraph I thereof by adding a subparagraph 3 for a new Class F-2 license to read as follows: “3. Class F-2: For the sale by service bar in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of beer, wine and one additional alcoholic liquor for consumption on the premises. For the purpose of this subsection I3, "sale by service bar" shall mean those sales whereby the licensee or his employees serve beer, wine or one additional alcoholic liquor in addition to beer and wine in conjunction with a meal to patrons who are seated at a table where the patrons consume said food, beer, wine and alcoholic liquor. A class F-2 license shall be granted only to restaurants engaged primarily in the sale of food for consumption on the premises which has ninety (90) percent or more of the gross revenue in any month from the operation of the licensed premises being from the servicing of meals. For the purposes of this subsection, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected by the seller, received by the licensee as a result of the transfer of goods, or the provision of services to another. The licensee shall maintain adequate books and records in accordance with the generally accepted accounting standards that clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue from the servicing of meals. The licensee shall make such books and records available for inspection by the local liquor control commission or its designee. Such inspection may be conducted during normal business hours on the licensed premises or at such other location in the city as directed by the local liquor control commission. The local liquor control commission shall determine, as a result of such inspection, whether, in the local liquor control commission's opinion, the books and records maintained by the licensee meet the requirements of this subsection I3 and whether there is cause for the local liquor control commission to revoke or suspend the license, impose a fine on the licensee, or impose a fine in addition to revoking and suspending the license in accordance with the provisions of this title. It is the intent and purpose of this subsection I3 to permit the sale of liquor only as an incident or accompaniment to the serving of meals in dining places of good repute. All liquor sold under this subsection I3 shall be for consumption upon the premises in the restaurant only, and it is unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. The license fee per year is five hundred fifty dollars ($550.00)." Section 2. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number to be Issued:” be and is hereby further amended by adding a new subparagraph T thereto to read: “The number of Class F-2 licenses shall not exceed one (1) in number”, and by re-lettering the remaining subparagraphs accordingly. VOLUME LXXX APRIL 8, 2015 139 Section 3. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled “Basset Training Requirements” be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by adding a reference to the Class F-2 license. Section 4. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled “Service Hours” be and is hereby further amended by amending the listing of license classes in subparagraph A thereof by adding thereto the additional license classification of F-2. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed the extent of any such conflict. Section 6. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Passed: April 8, 2015 Vote: Yeas: 9 Nays: 0 Recorded: April 8, 2015 Published: April 10, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G8-15 AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO CREATE A NEW SECTION 6.06.042 THEREOF ENTITLED "LIMITED SPECIAL PROMOTION SALES" Councilmember Dunne 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. APRIL 8, 2015 VOLUME LXXX 140 Ordinance No. G8-15 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO CREATE A NEW SECTION 6.06.042 THEREOF ENTITLED "LIMITED SPECIAL PROMOTION SALES" WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquor dealers pertains to the government and affairs of the city; and WHEREAS, the City Council of the City of Elgin has determined it is appropriate to authorize limited special promotion sales of alcoholic liquor in the original package for consumption off the premises for certain liquor license classifications within the city's liquor code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers" be and is hereby further amended by creating a new Section 6.06.042 entitled "Limited Special Promotion Sales" to read as follows: "6.06.042: Limited Special Promotion Sales: The holder of a then current and otherwise valid Class C, E, E-1, E-2, E-3, E-4, F, F-1, F- 2, G or M liquor license in the city, may also conduct limited special promotion retail sale of alcoholic liquor, on the premises specified, in the original package for consumption off the premises subject to the following conditions: A. The special promotions events shall be advertised by the licensee and shall consist of events on the licensed premises promoting specified alcoholic liquors such as beer of month, wine of the month or dinner pairing promotions. B. The limited special promotion sales of alcoholic liquor in the original package for consumption off the premises shall be limited to not more than two special promotion events per month at an establishment and sales in the original packages to customers for each special promotion event shall be limited to the alcoholic liquors being promoted as part of the special promotion event and limited to not more than one six-pack of beer per customer, two bottles of wine per customer or one bottle of spirits per customer. A licensee club holding a Class C liquor license may also award alcoholic liquor to a customer in the original package for VOLUME LXXX APRIL 8, 2015 141 consumption off the premises in conjunction with a raffle subject to the same limitations on the number of special promotion events and the amount of alcoholic liquor which can be provided to a customer as provided in this section." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Passed: April 8, 2015 Vote: Yeas: 9 Nays: 0 Recorded: April 8, 2015 Published: April 10, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G9-15 AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO CREATE A NEW CLASS S LICENSE FOR BANQUET FACILITIES Councilmember Dunne 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 No. G9-15 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO CREATE A NEW CLASS S LICENSE FOR BANQUET FACILITIES WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquor dealers pertains to the government and affairs of the city; and APRIL 8, 2015 VOLUME LXXX 142 WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to create a new class of liquor license for banquet facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled “License Classes; Fees:” be and is hereby further amended by adding a new subparagraph S, and by relettering the remaining subparagraphs accordingly, and with the new subparagraph S thereto to read as follows: “S. Class S: For the retail sale by banquet facilities, on the premises specified, of alcoholic liquor for consumption on the premises only. Banquet facilities shall consist of a business for which the exclusive activity is the catering of private parties, where there is service for consumption at tables hors d'oeuvres, a buffet, a smorgasbord, or a full multiple course meal, and at which alcoholic liquor may be served or sold at the table and/or at a full service bar incident to such food service. Each banquet facility event at which alcoholic liquor may be served shall be pre- arranged under the sponsorship of a particular person or organization, including, but not limited to, wedding, birthday, anniversary, school graduation and other like celebratory dinners, periodic meetings of service organizations, political fund-raising events, conferences/conventions, seminars, expositions, consumer or trade shows, art exhibitions or shows, live performances, workshops, fairs or festivals. Banquet facility events shall not be open to the general public, but attendance shall be by appointment or special invitation of the sponsors. No admission charge shall be levied to guests at such banquet facilities, except for a bona fide political fund-raising events sponsored by a not-for-profit corporation or association registered with the State. The Class S license is also subject to the following regulations: 1. As an alternative to selling and serving alcoholic liquor for a particular banquet event on the premises, the holder of a Class S license may instead engage the services of a vendor who holds a then-current and otherwise valid Class A, A-1, AA, D, E, E-1, E-2, E-3, E-4, F, F-1, F-2, or J liquor license in the City, for the purpose of supplying, opening, dispensing, selling, and/or serving alcoholic liquors on the premises during a banquet facility event, for consumption on the premises only, and only where there is service for consumption at tables of hors d’oeuvres, a buffet, a smorgasbord, or a full multiple course meal. For such an event, alcoholic liquor may be supplied, opened, dispensed, sold and/or served at the table and/or at a full service bar incident to such food service. If a Class S licensee utilizes such a vendor, such vendor, its employees and servants, shall supply, open, dispense, sell, and/or serve all alcoholic liquors on the premises during said event. VOLUME LXXX APRIL 8, 2015 143 2. As an alternative to selling alcoholic liquor for a particular banquet event on the premises, the holder of a Class S license may instead allow the consumption of alcoholic liquors, on the premises, that have been brought onto the premises by a person or persons who have contracted for a banquet facility event to be held on the premises, for consumption on the premises only, and only where there is service for consumption at tables of hors d’oeuvres, a buffet, a smorgasbord, or a full multiple course meal, subject to the following: a. The licensee shall take control of such alcoholic liquors promptly upon delivery thereof to the premises, and shall provide Bassett-trained servers for the opening, dispensing, sale, and/or serving of such alcoholic liquors during the event. b. Any and all alcoholic liquors shall be opened, dispensed, sold and/or served on the premises only by such servers, and only to attendees of the event. c. A certificate of insurance reflecting coverage for general liability purposes in the amounts otherwise due from and in place for the licensee shall be provided to the licensee by the patron or patrons supplying the alcoholic liquors, and the City of Elgin and the Local Liquor Control Commission of the City of Elgin shall be named as an additional insured on the policy. d. Any alcoholic liquor remaining unserved after the conclusion of the event may be returned to the person or persons who supplied them, to be transported off the premises only in accordance with law. 3. The license fee per year is Three Hundred Ninety Six Dollars ($396.00)." Section 2. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number to be Issued:” be and is hereby further amended by adding a new subparagraph W thereto to read: “W. The number of Class S licenses shall not exceed one (1) in number." and by relettering the remainder subparagraphs accordingly. Section 3. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled “Basset Training Requirements” be and is hereby further amended by amending the APRIL 8, 2015 VOLUME LXXX 144 listing of license classifications in subparagraph A thereof by adding a reference to the class S license. Section 4. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled "Service Hours" be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by adding thereto the additional license class of S. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Passed: April 8, 2015 Vote: Yeas: 9 Nays: 0 Recorded: April 8, 2015 Published: April 10, 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 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 February 19, 2015 Liquor Commission February 11, 2015 Parks and Recreation Board January 27, 2015 Strategic Plan Advisory Commission February 25, 2015 Committee of the Whole Minutes for February 25, 2015 City Council Minutes for February 25, 2015 Hotel Motel Tax Telecommunications Tax Electricity Tax VOLUME LXXX APRIL 8, 2015 145 Natural Gas Tax Sales Tax Video Gaming Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Powell, to adjourn and go back into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Pending, Probable or Imminent Litigation Against, Affecting, or on Behalf of the Public Body before a Court or Administrative Tribunal - Exempt Under Section 120/2(c)(11) of the Open Meetings Act 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 Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act The meeting adjourned at 7:40 p.m. s/ Kimberly Dewis April 22, 2015 Kimberly Dewis, City Clerk Date Approved