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HomeMy WebLinkAboutg - April 22, 2015 CC146 APRIL 22, 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, was held on April 22, 2015, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Pastor Larry Sauter from Highland Fellowship Church and the Pledge of Allegiance was led by City Manager Sean Stegall. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Absent: Councilmember Shaw. MINUTES OF THE APRIL 8, 2015, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve the April 8, 2015, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS National Bike Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the bicycle is an economical, healthy, convenient, and environmentally sound form of transportation for those who ride by choice, or by economic or other necessity; and WHEREAS, the bicycle is also an excellent tool for recreation and enjoyment of Elgin’s scenic beauty; and VOLUME LXXX APRIL 22, 2015 147 WHEREAS, most bike riders and motorists received little formal education on the laws and safety techniques governing roadway interactions between motor vehicles and bicycles; and WHEREAS, the League of Illinois Bicyclists is conducting a “Mayor’s Bicycle Safety Challenge”, in which Illinois towns encourage residents to learn relevant safety techniques and laws through interactive quizzes at www.BikeSafetyQuiz.com for Adult Bicyclists, Child Bicyclists, and Motorists. NOW, THEREFORE, I, David Kaptain, Mayor of the city of Elgin, Illinois do hereby proclaim May 10-16, 2015 as Bicycle Safety Week and all of May 2015 as Bike Month in the city of Elgin, Illinois, and I urge all residents to join me in taking the quizzes at www.BikeSafetyQuiz.com and in enjoying a bike ride. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of April, 2015. David J. Kaptain Mayor YWCA Stand Against Racism Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The City of Elgin proudly supports the YWCA Elgin in celebration of Stand Against Racism Weekend; and WHEREAS, Stand Against Racism is a signature campaign of YWCA USA to build community among those who work for racial justice and to raise awareness about the negative impact of institutional and structural racism in our communities. This campaign is one part of a larger national strategy to fulfill their mission of eliminating racism. By inviting community organizations to partner with the YWCA associations, we increase our collective impact; and WHEREAS, Founded by YWCA Trenton and YWCA Princeton in 2007, Stand Against Racism quickly grew to have a national presence by 2010, when an additional 80 YWCA associations across the nation took a stand. Over 2,000 organizations across 39 states joined in the Stand Against Racism. This phenomenal success attracted well over 250,000 participants and earned media attention and the endorsement of five U.S. Governors; and WHEREAS, We salute the YWCA Elgin in its praiseworthy mission to eliminate racial inequalities in employment, health care, housing, human services and other areas that affect the quality of life for our community members. APRIL 22, 2015 VOLUME LXXX 148 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby declare April 23-26 as Stand Against Racism Weekend. IN WITNESS WHEREOF, I have here unto set my hand this 22nd Day of April, 2015 David J. Kaptain Mayor Elgin Elks Lodge #737 Annual Hoop Shoot Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Our youth of today are our adults of the future; and WHEREAS, Their accomplishments of today will lead them to being more responsible citizens; and WHEREAS, Kyle Skores participated in the Elgin Elks Lodge #737 Annual Hoop Shoot. He took first place in both 2013-2014 and 2014-2015 in the Elgin area in the 10-11 year old age category and the 12-13 year old age category; and WHEREAS, Kyle competed and went on to win first place in the Elks District competition and first place in the Elks State competition both years; and WHEREAS, Kyle Skores finished second in the Regional competition in 2013-2014 and fourth in the Elks Midwest Regional competition in Iowa City in 2014-2015; and WHEREAS, Kyle Skores, aspiring to win Elks National competition, set his goals high, and will continue to strive for higher ideals and be a valuable asset to his community. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby honor Kyle Skores and congratulate him on his accomplishments and wish him well in future endeavors. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd Day of April, 2015 David J. Kaptain Mayor VOLUME LXXX APRIL 22, 2015 149 National Public Safety Telecommunicators Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, each day, thousands of Americans dial 9-1-1 for help in emergencies. The men and women who answer these calls for help, gathering essential information and dispatching the appropriate assistance, can often make the difference between life and death for persons in need; and WHEREAS, the City of Elgin’s Public Safety Telecommunicators are among the more than 200,000 telecommunications specialists who work daily to protect and to promote public safety; and WHEREAS, Public Safety Telecommunicators are more than a calm and reassuring voice at the other end of the phone. They are knowledgeable and highly trained individuals who not only work closely with the Police and Fire Departments, but numerous other State and local agencies as well as other departments within the City; and WHEREAS, because emergencies can strike at any time, we rely on the vigilance and the preparedness of these individuals 24 hours a day, 365 days a year; and WHEREAS, the City of Elgin recognizes the need to maintain the highest standards of public safety, we owe a great debt to the men and women who, by applying their expertise in telecommunications, help to make that achievement possible; and WHEREAS, during this special observance, we acknowledge that debt and extend a heartfelt thank you to each of them; NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, on behalf of the entire City Council and Staff, do hereby proclaim April 12 to April 18, 2015 as National Public Safety Telecommunicators Week. IN WITESS WHEREOF, I have hereunto set my hand this 22nd day of April, 2015. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Tim Williams, from the Boys and Girls Club, announced that the national convention would be held in Chicago. He also noted that member Isaac Reyna was the winner of the State Youth of the Year Award. APRIL 22, 2015 VOLUME LXXX 150 Isaac Reyna read a portion of his Youth of the Year award winning speech. Cheryl Jacob asked that section 19.45 of the municipal code be modified to remove recreational vehicles from the definition of a commercial vehicle. This would allow the recreational vehicles to be parked in a residential area. Crystal Winclecher also spoke in favor of changing the municipal code to allow for recreational vehicles in residential areas. Andrew Cuming stated his concerns about construction noise from Route 20 and car stereo noise from Route 31 and asked that these matters be addressed. Paul Miller asked the council to consider changing the code to allow for the storage of recreational vehicles on residential driveways. Paul McGinley spoke in favor of the Conditional Use petition for RAM Foods. Don Obenauf stated he was not in favor of the Conditional Use for RAM Foods at 725 W. Chicago Street because there were four other establishments that sold alcohol in the area. Evelyn Chapman also stated she was not in favor of the RAM Foods Conditional Use because of the impact on the neighborhood including an increase in crime. Jennifer Fukola, North West Neighborhood Association, stated concerns regarding the RAM Food application. Chuck Keysor asked about the placement and the removal of campaign signs. Jennifer Benson stated her support of the Conditional Use permit to allow the sale of alcohol at RAM Foods. Lou Stotts noted that while in favor of the business she was not in favor of a liquor license for this location. Jack Kozar, attorney for RAM Foods, noted that there have been no police calls at the location and the owners are complying with the city’s requests to make property maintenance upgrades. Angel Hollenbeck was supportive of the RAM Foods Conditional Use application. Frank Alrich Jr., son of the owners of RAM Foods, told his parents story and why they were making the request to sell alcohol at the store. Edward Hanson stated his support of the RAM Foods request to sell alcohol at their store. VOLUME LXXX APRIL 22, 2015 151 CONTRACT AWARDED TO SOFSURFACES THROUGH THE NATIONAL JOINT POWERS ALLIANCE FOR THE FESTIVAL PARK FALL ZONE REPLACEMENT There was discussion regarding the durability and life span of the material and how long the park would be closed for repairs. Councilmember Dunne made a motion, seconded by Councilmember Steffen, to award a contract to SofSurfaces in the amount of $76,849 for replacement of fall zone surface at Festival Park. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. PETITION 62-14 APPROVED AT 725 WEST CHICAGO STREET; AN APPLICATION BY KOZAR LAW OFFICE LLC ON BEHALF OF RAM FOOD LLC FOR A CONDITIONAL USE IN THE NB NEIGHBORHOOD BUSINESS DISTRICT TO PERMIT THE SALE OF ACCESSORY PACKAGE LIQUOR WITHIN AN EXISTING RETAIL ESTABLISHMENT Marc Mylott, Community Development Director, provided an overview of Petition 62-14 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. There was discussion regarding the proposed conditions, the impact on the neighborhood and the business. It was noted that this was a zoning matter and that the liquor license would be considered at a later date. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petition 62-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Dunne and Gavin. RESOLUTION 15-63 ADOPTED AUTHORIZING EXECUTION OF FIRST AMENDMENT AGREEMENT TO REDEVELOPMENT AGREEMENT WITH CAPSTONE DEVELOPMENT GROUP, LLC (100 E. CHICAGO STREET) There was a discussion regarding the financial implications of the amendment to the redevelopment agreement. Councilmember Powell 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, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. Resolution No. 15-63 APRIL 22, 2015 VOLUME LXXX 152 RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDMENT AGREEMENT TO REDEVELOPMENT AGREEMENT WITH CAPSTONE DEVELOPMENT GROUP, LLC (100 E. 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 first amendment agreement to redevelopment agreement on behalf of the City of Elgin with Capstone Development Group, LLC, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Adopted: April2, 2015 Vote: Yeas: 7 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUTHORIZATION FOR PAYMENTS Councilmember Steffen made a motion, seconded by Councilmember Martinez, to authorize payment be made to Ziebell Water Service Products, Inc. in the amount of $30,600 for eighteen new fire hydrants. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. T21-15, G10-15 and G11-15 and adopt Resolution Nos. 15-53 through 15-62 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-53 ADOPTED ADOPTING GUIDELINES ON ART EXHIBITIONS AND ART SHOWCASE RENTAL FEES FOR THE ELGIN ART SHOWCASE VOLUME LXXX APRIL 22, 2015 153 Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-53 RESOLUTION ADOPTING GUIDELINES ON ART EXHIBITIONS AND ART SHOWCASE RENTAL FEES FOR THE ELGIN ART SHOWCASE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts the Elgin Art Showcase Guidelines on Art Exhibitions and Art Showcase Rental Fees dated April 8, 2015, as the guidelines on art exhibitions and art showcase rental fees for the administration of the Elgin Art Showcase, copies of which are attached. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-54 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FROM SUSANNE K. HAAS FOR RETAINING WALL AT 600 EAST CHICAGO STREET Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-54 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FROM SUSANNE K. HAAS FOR RETAINING WALL AT 600 EAST CHICAGO STREET 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 APRIL 22, 2015 VOLUME LXXX 154 authorized and directed to execute an easement agreement from Susanne K. Haas for maintenance and repair of retaining wall at 600 East Chicago Street, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement 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 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-55 ADOPTED AUTHORIZING EXECUTION OF A SALES CONTRACT WITH FIRE SERVICE, INC. FOR ONE E-ONE TYPHOON TRIPLE COMBINATION CUSTOM PUMPER FIRE ENGINE Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-55 RESOLUTION AUTHORIZING EXECUTION OF A SALES CONTRACT WITH FIRE SERVICE, INC. FOR ONE E-ONE TYPHOON TRIPLE COMBINATION CUSTOM PUMPER FIRE ENGINE 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 sales contract on behalf of the City of Elgin with Fire VOLUME LXXX APRIL 22, 2015 155 Service, Inc. for the purchase of one (1) E-One Typhoon Triple Combination Custom Pumper fire engine, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-56 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS, BURKE, KELSEY AND ASSOCIATES FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE OAKWOOD PARK SUBDIVISION IMPROVEMENT PROJECT Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-56 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS, BURKE, KELSEY AND ASSOCIATES FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE OAKWOOD PARK SUBDIVISION IMPROVEMENT 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 Wills, Burke, Kelsey and Associates for design, administration and planning engineering services in connection with the Oakwood Park Subdivision Improvement 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 22, 2015 APRIL 22, 2015 VOLUME LXXX 156 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-57 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR. FOR LEGISLATIVE REPRESENTATION Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-57 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR. 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 Steven Nemerovski and Lawrence Suffredin, Jr. 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: April 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXX APRIL 22, 2015 157 RESOLUTION 15-58 ADOPTED AUTHORIZING EXECUTION OF AN EQUIPMENT RENTAL AGREEMENT WITH GPSI LEASING II-ACCORD, LLC FOR VISAGE DISPLAY SYSTEM SERVICE AT BOWES CREEK COUNTRY CLUB Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-58 RESOLUTION AUTHORIZING EXECUTION OF AN EQUIPMENT RENTAL AGREEMENT WITH GPSI LEASING II – ACCORD, LLC FOR VISAGE DISPLAY SYSTEM SERVICE 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, be and is hereby authorized and directed to execute an equipment rental agreement on behalf of the City of Elgin with GPSI Leasing II - Accord, LLC for Visage display system service at Bowes Creek Country Club, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-59 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARKETPLACE MEDIA GROUP, INC. FOR DESIGN AND PUBLICATION SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER APRIL 22, 2015 VOLUME LXXX 158 Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-59 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARKETPLACE MEDIA GROUP, INC. FOR DESIGN AND PUBLICATION SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER 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 hereb y authorized and directed to execute an Agreement on behalf of the City of Elgin with Marketplace Media Group, Inc. for design and publication services regarding the Elgin Neighbor newsletter, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-60 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STRATHMORE COMPANY FOR PRINTING AND MAIL COORDINATION SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-60 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STRATHMORE COMPANY FOR PRINTING AND MAIL COORDINATION SERVICES REGARDING THE ELGIN NEIGHBOR NEWSLETTER VOLUME LXXX APRIL 22, 2015 159 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 The Strathmore Company for printing and mail coordination services regarding the Elgin Neighbor newsletter, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-61 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-61 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jeffery Bero be and is hereby appointed as a member of the Building Commission–Plumbing Committee for a term that expires on May 1, 2018. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: APRIL 22, 2015 VOLUME LXXX 160 s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-62 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT GRANT FROM FOX RIVER WATER RECLAMATION DISTRICT FOR SANITARY SEWER LINE AND STORM SEWER LINE PURPOSES (PORTION OF 824 RAYMOND STREET) Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-62 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT GRANT FROM FOX RIVER WATER RECLAMATION DISTRICT FOR SANITARY SEWER LINE AND STORM SEWER LINE PURPOSES (Portion of 824 Raymond 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 easement grant from Fox River Water Reclamation District for sanitary sewer line and storm sewer line purposes for the property located on a portion of 824 Raymond Street, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement grant 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 22, 2015 Adopted: April2, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T21-15 PASSED AMENDING THE 2014 BUDGET VOLUME LXXX APRIL 22, 2015 161 Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T21-15 AN ORDINANCE AMENDING THE 2014 BUDGET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2014 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference. Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Passed: April 22, 2015 Vote: Yeas: 8 Nays: 0 Recorded: April 22, 2015 Published: April 23, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G10-15 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND CERTAIN REGULATIONS RELATING TO CLASS E-3 RESTAURANT LICENSES Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G10-15 APRIL 22, 2015 VOLUME LXXX 162 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND CERTAIN REGULATIONS RELATING TO CLASS E-3 RESTAURANT LICENSES 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 amend certain regulations relating to Class E-3 restaurant licenses. 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 H3 thereof relating to Class E-3 licenses to read as follows: “3. Class E-3: For the retail sale in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of alcoholic liquor for consumption on the premises; expressly providing, however, that such licenses shall be issued only to establishments having a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than sixty (60) persons at any one time, that fifty percent (50%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals and that thirty five percent (35%) or more of the total floor area of the establishment must be utilized for dining room areas for the regular service of meals. There shall be no signage outside a restaurant holding a class E-3 liquor license indicating or advertising the sale of alcoholic liquor. 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 the result of the transfer of goods, or the provision of services to another. The licensee shall maintain adequate books and records in accordance with generally accepted accounting standards that shall clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue from the serving 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 H3 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 VOLUME LXXX APRIL 22, 2015 163 to revoking and suspending the license in accordance with the provisions of this title. The license fee per year is six hundred sixty dollars ($660.00).” 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 22, 2015 Passed: April 22, 2015 Vote: Yeas: 8 Nays: 0 Recorded: April 22, 2015 Published: April 23, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G11-15 PASSED AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G40-06 (STARBUCKS COFFEE; 815 SOUTH RANDALL ROAD) Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G11-15 AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G40-06 (Starbucks Coffee; 815 South Randall Road) WHEREAS, the territory herein described has been classified in the PAB Planned Area Business District under Ordinance No. G40-06 within the subdivision commonly known as Woodbridge North Commercial Center; and APRIL 22, 2015 VOLUME LXXX 164 WHEREAS, written application has been made to amend PAB Planned Area Business District No. G40-06, to redevelop a portion of the Meijer parking lot to construct a free-standing Starbucks Coffee store with a drive-through facility; and WHEREAS, after due notice in the manner provided by law, the Planning and Zoning Commission conducted a public hearing concerning said application on March 2, 2015; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted written Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and 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 and 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 March 2, 2015, 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 Ordinance No. G40-06 entitled “An Ordinance Amending the Development Plan in a PAB Planned Area Business District and Granting a Conditional Use for a Planned Development in the ARC Arterial Road Corridor District,” passed May 24, 2006, be and is hereby amended only as set forth in this ordinance to allow for the redevelopment of the specified portion of the Meijer parking lot to construct a freestanding Starbucks Coffee store with a drive-through facility subject to the following conditions: 1. Substantial conformance to the application and supporting documents submitted including but not limited to: a. Development Application dated received November 14, 2014; b. Meijer Letter of Authorization containing Owner’s consent and disclosure prepared by Kurt Adams, Real Estate Manager, Meijer, dated November 12, 2014; c. Statement of Purpose and Conformance submitted by Justin Crable, Project Manager, Atwell LLC, dated revised January 20, 2015; and d. Real Estate Option Contract between VAQ, LLC, and Meijer Store Limited Partnership, dated October 29, 2014. 2. Substantial conformance to Site Development Plans (Sheets C-01, C-02, C-04, C- VOLUME LXXX APRIL 22, 2015 165 05 and C-07), dated November 14, 2014, last revised on February 24, 2015, Site Layout Plan (Sheet C-03) dated November 14, 2014, last revised on March 27, 2015, and Landscape Plane (Sheet C-06) dated November 14, 2014, last revised on April 1, 2015; prepared by Justin Crable, Project Manager, Atwell LLC, subject to further revisions as required by the city engineer. 3. Substantial conformance to Building Exterior Elevations (Sheet A3-01) and Floor Plan (Sheet A2-01), prepared by B. Colburn, NORR Architects, dated November 6, 2014. 4. Substantial conformance to Proposed Photometric Plan (Sheet ES-02), prepared by R. Lacasse, NORR Architects, last revised on January 20, 2015. 5. Substantial conformance to Starbucks Wall Signage Drawings and Clearance Bar, submitted by Justin Crable, Project Manager, Atwell LLC. 6. Substantial conformance to Exterior Signage Starbucks Elgin, (Drawings No. A5- 03), prepared by NORR LLC, an Ingenium Group Company, last revised on March 30, 2015. 7. Substantial conformance to Starbucks Drive Thru Signage –Order Point Canopy Freestanding prepared by Hilton Displays, dated August 8, 2014, submitted by Nicole Jeffries, PE, Versa Development. 8. Substantial conformance the 1st Re-subdivision of Lot 1 of Woodbridge North Commercial Subdivision, prepared by Justin Crable, Project Manager, Atwell LLC, dated November 14, 2014, subject to further revisions as required by the city engineer. 9. Conformance with all applicable codes and ordinances. Section 3. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G40-06. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2 and the allowances and departures described and provided thereon, and Ordinance No G40-06, this ordinance and associated documents shall control and prevail. 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: April 22, 2015 Passed: April 22, 2015 APRIL 22, 2015 VOLUME LXXX 166 Vote: Yeas: 8 Nays: 0 Recorded: April 22, 2015 Published: April 23, 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 Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Bicycle & Pedestrian Advisory Committee March 3, 2015 Building Commission March 4, 2015 Board of Fire and Police Commissioners February 15, 2015 Hemmens Cultural Center Advisory Task Force March 3, 2015 Planning and Zoning Commission March 2, 2015 Committee of the Whole for March 18, 2015 City Council Minutes for March 18, 2015 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Alcoholic Tax Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:54 p.m. VOLUME LXXX APRIL 22, 2015 167 s/ Kimberly Dewis May 6, 2015 Kimberly Dewis, City Clerk Date Approved