Loading...
HomeMy WebLinkAbouti - May 27, 2015 CC186 MAY 27, 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 May 27, 2015, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 p.m. The Invocation was given by Mr. Bob Thurow, a representative from Light and Life, and the Pledge of Allegiance was led by Tricia Dieringer and George Rawlinson. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MAY 6, 2015, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the May 6, 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 Veterans of the Month Presentation George Rawlinson announced the following as Veterans of the Month noting the contributions to the community for each: Lowell "Whitey" Reiser (January), Diane Ahrens (February), and Ernie Broadnax (March). Tricia Dieringer presented George Rawlinson with a plaque for his work with local veterans. RECOGNIZE PERSONS PRESENT Elinor Richoz thanked all those who contributed to the success of the Memorial Day programs including the Patriotic Memorial Association, Barb Keselica, and Rick Ellis. Naomi Hjelm, from A-1 Cab Dispatch, stated her concerns regarding the proposed transportation ordinance and the input from local cab companies. VOLUME LXXX MAY 27, 2015 187 Regina Knotts, stated concerns regarding the proposed ordinance for the transportation network companies and taxi cab companies. Byron Parker stated his concerns over the proposed ordinance for the transportation network companies and taxi cab companies, in particular the rate and permit regulations. Doreen Shaw stated her concerns over the proposed ordinances for the transportation network companies and taxi cab companies and creating a level playing field. Jim Pasta stated his concerns over the proposed ordinances for the transportation network companies and taxi cab companies and creating a level playing field. Joseph Lee stated his concerns over the proposed ordinances for the transportation network companies and taxi cab companies and creating a level playing field. Erica Hodge stated her concerns about parking commercial vehicles in the downtown area, in particular taxi cabs. BID 15-028 AWARDED TO E-LOGIC TECHNOLOGY SOLUTIONS FOR THE PURCHASE OF 100 HP DESKTOP COMPUTERS AND MONITORS Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve an agreement with E‐Logic Technology Solutions in the amount of $71,300 for the purchase of 100 HP desktop computers and Viewsonic monitors. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APPROVED A JOB ORDER CONTRACT WITH F.H. PASCHEN FOR STORM SEWER AND DRIVE REPLACEMENT AT FIRE STATION 4 Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve a contract with F.H. Paschen in the amount of $131,550 for the storm sewer and drive replacement at Fire Station 4. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 27, 2015 VOLUME LXXX 188 APPROVED THE NATIONAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH GNP ENERGY FOR LED FIXTURE REPLACEMENT ON CITY OWNED PARKING STRUCTURES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to authorize staff to execute an agreement with GNP Energy in the amount of $288,285 to replace current lighting fixtures in city owned parking structures with LED lighting fixtures. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING FOR PETITION 27-14 AT STONEBROOK SUBDIVISION; AN APPLICATION BY ORLEANS HOMES RHIL FOR A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT AND AN AMENDMENT TO PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCES G43-05, G44-05 AND G23-06 TO INCREASE THE VARIETY OF SINGLE-FAMILY HOMES AVAILABLE FOR SALE Mayor Kaptain declared the public hearing open. Marc Mylott, Community Development Director, provided an overview of Petition 27-14 including the garage relocations and the number of lots that would be impacted. There was discussion regarding the proposed architectural features, the number of lots involved and the market demand for a change in the garage location. Mayor Kaptain declared the public hearing closed. PETITION 27-14 APPROVED AT STONEBROOK SUBDIVISION; AN APPLICATION BY ORLEANS HOMES RHIL FOR A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT AND AN AMENDMENT TO PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCES G43-05, G44-05 AND G23-06 TO INCREASE THE VARIETY OF SINGLE-FAMILY HOMES AVAILABLE FOR SALE Marc Mylott, Community Development Director, provided an overview of Petition 27-14 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve Petition 27-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXX MAY 27, 2015 189 PETITION 51-14 APPROVED AT 925 SOUTH MCLEAN BOULEVARD; AN APPLICATION BY CHICAGO SMSA LIMITED PARTNERSHIP ON BEHALF OF VERIZON WIRELESS FOR A CONDITIONAL USE IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT TO PERMIT THE INSTALLATION OF A COMMERCIAL ANTENNA TOWER Marc Mylott, Community Development Director, provided an overview of Petition 51-14 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. Mr. Mylott addressed concerns such as, parking, insurance and health effects, which were brought forward by an attorney representing the neighbors. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition 51-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Steffen. Nays: None. Mayor Kaptain abstained. PETITION 07-15 APPROVED AT 1200 EAST CHICAGO STREET; AN APPLICATION BY RLE PROPERTY CORPORATION FOR A MAP AMENDMENT FROM CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT TO REMODEL THE EXISTING MOTOR VEHICLE DEALERSHIP AND CHANGE SIGNAGE Marc Mylott, Community Development Director, provided an overview of Petition 07-15 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. Councilmember Martinez made a motion, seconded by Councilmember Gavin, to approve Petition 07-15 as submitted by the applicant, which included the Hyundai corporate logo as part of the “service” entrance sign, subject to the conditions in the staff recommendation. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G16-15 PASSED RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1200 EAST CHICAGO STREET) Councilmember Gavin made a motion, seconded by Councilmember Steffen, 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. MAY 27, 2015 VOLUME LXXX 190 Ordinance No. G16-15 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1200 East Chicago Street) WHEREAS, written application has been made to reclassify certain property located at 1200 East Chicago Street from CI Commercial Industrial District to PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs with the Findings and Recommendation 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 May 4, 2015, made by the Community Development Department and Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled “Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District the following described property: That part of Sections 17, 18 and 20, Township 41 north, Range 9, east of the Third Principal Meridian, described as follows: Commencing at the northeast corner of Section 19, Township 41 north, Range 9, east of the Third Principal Meridian, thence south on the east line thereof 8.95 chains, thence south 63 degrees west 24 chains to the corner of what was known as Burritt Land; thence north 3 ½ degrees east 19.26 chains to the north line of Section 19; thence in the same direction 7.68 chains on Section 18 aforesaid to the highway leading to Elgin; thence following the center of said highway south 73 ¾ degrees east 8.81 chains for the Point of Beginning; thence north 16 ½ degrees east 4.46 chains; thence south 73 ¾ degrees east VOLUME LXXX MAY 27, 2015 191 10.60 chains to the east line of said Section 18; thence in the same direction on Section 17 aforesaid 5.10 chains to L. Herricks west line; thence south 3 ½ degrees west 4.57 chains to the center of highway aforesaid; thence along said highway northwesterly 16.486 chains to the Point of Beginning, in Cook County, Illinois (commonly known as 1200 East Chicago Street). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI Commercial Industrial District to PAB Planned Area Business District at 1200 East Chicago Street which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PAB planned area business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as may be amended from time to time. D. Zoning Districts - Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, as may be amended from time to time. E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres, unless such land is located between any nonresidential zoning district, and any residence district or an residence conservation district, which all have frontage on the same block. No departure from the required minimum size of a planned district shall be granted by the City Council. F. Land Use. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, as amended. The following land uses shall be the only permitted uses allowed within this PAB zoning district. “Sale of new automobiles (defined to include passenger vehicles, sport utility vehicles, vans and pickups) and accessory uses customarily accessory to such new MAY 27, 2015 VOLUME LXXX 192 automobile retail sales, including without limitation: the sale of used automobiles; the sale of automobile parts and tires; the performance of automobile service, repairs and maintenance; the operation of a car wash for dealership and customer vehicles; in-house financial services pertaining to automobile sales.” G. Site Design. In this PAB Planned General District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Application and supporting documents submitted by Peter C. Bazos, dated received March 20, 2015, including the following exhibits: a. Statement of Purpose and Conformance prepared by Attorney Peter C. Bazos. b. Plat of Survey prepared by Manhard Consulting Ltd, dated June 23, 2003. c. Site Development Exhibits entitled “New Elgin Hyundai, 1200 E. Chicago Street, Elgin, IL,” and comprising of the following drawings: i. Site Plan for New Elgin Hyundai, prepared by Bill G. Kokalias, Axios Architects and Consultants, last revised date March 24, 2015. ii. Architectural, Structural and Electrical Drawings, prepared by Bill G. Kokalias, Axios Architects and Consultants, dated February 5, 2015. iii. Proposed Sign Package, prepared by AGI Architectural Graphics Inc., dated March 27, 2015. In the event of any conflict between the foregoing documents and this ordinance or any other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Compliance with all other applicable codes and ordinances. H. Off Street Parking. In this PAB Planned Area Business District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended except as specified within this ordinance. I. Off Street Loading. In this PAB Planned Area Business District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. VOLUME LXXX MAY 27, 2015 193 J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50, Signs, as may be amended from time to time except as provided for within Ordinance G22-09 entitled “An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character” and additionally stipulated as follows: 1. The Building shall be allowed the installation of wall graphics in substantial conformance to the Development Exhibits specified within Section 3.G. of this ordinance. 2. Replacement of said existing free-standing graphics will require full compliance with the requirements of Ordinance G22-09 entitled “An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character.” K. Planned Developments. In this PAB Planned Area Business District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. L. Variations. In this PAB Planned Area Business District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by the property owner without requiring an amendment to this PAB zoning district. M. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, as may be amended from time to time. 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: May 27, 2015 Passed: May 27, 2015 Vote: Yeas: 9 Nays: 0 Recorded: May 27, 2015 Published: May 8, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 27, 2015 VOLUME LXXX 194 PETITION 08-15 APPROVED AT 525 CHURCH ROAD; AN APPLICATION BY AGAPE ACADEMY OF ST. SOPHIA FOR A CONDITIONAL USE IN THE CF COMMUNITY FACILITY DISTRICT TO EXPAND THE EXISTING CHILD DAYCARE FACILITY Marc Mylott, Community Development Director, provided an overview of Petition 08-15 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve Petition 08-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 09-15 APPROVED AT 920 SOUTH MCLEAN BOULEVARD; AN APPLICATION BY AMI PROPERTIES, INC. FOR A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT TO ESTABLISH A PACKAGE LIQUOR SALES ESTABLISHMENT AND OTHER FUTURE TENANTS Marc Mylott, Community Development Director, provided an overview of Petition 09-15 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve Petition 09-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 10-15 APPROVED AT 3600 BOWES ROAD; AN APPLICATION BY TOLL II L.P. FOR APPROVAL OF THE FINAL PLAT OF SUBDIVISION FOR BOWES CREEK COUNTRY CLUB SUBDIVISION PHASE 4A TO ESTABLISH 58 SINGLE- FAMILY RESIDENTIAL LOTS Marc Mylott, Community Development Director, provided an overview of Petition 10-15 noting that the Planning and Zoning Commission and staff are recommending approval subject to conditions., Councilmember Steffen made a motion, seconded by Councilmember Shaw, to approve Petition 10-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXX MAY 27, 2015 195 RESOLUTION 15-77 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SNAP CONSULTING & ASSOCIATES, LLC FOR CONSULTING SERVICES IN CONNECTION WITH THE CITY OF ELGIN'S DIVERSITY PROGRAM Councilmember Powell made a motion, seconded by Councilmember Steffen, 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. 15-77 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SNAP CONSULTING & ASSOCIATES, LLC FOR CONSULTING SERVICES IN CONNECTION WITH THE CITY OF ELGIN’S DIVERSITY PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement with Snap Consulting & Associates, LLC on behalf of the City of Elgin for consulting services in connection with the City of Elgin’s diversity program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Adopted: May 27, 2015 Vote: Yeas: 6 Nays: 3 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 27, 2015 VOLUME LXXX 196 ORDINANCE G17-15 PASSED ESTABLISHING REGULATIONS FOR TRANSPORTATION NETWORK COMPANY SERVICES There was discussion regarding the proposed changes in insurance requirements, background checks, posting of fares, electronic receipts, permit fees, residential parking of taxis, and driver and vehicle identification. Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Dunne and Prigge. Ordinance No. G17-15 AN ORDINANCE ESTABLISHING REGULATIONS FOR TRANSPORTATION NETWORK COMPANY SERVICES WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to license; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to establish regulations to ensure the safety, reliability and cost effectiveness of transportation network company (TNC) services within the City of Elgin and to preserve and enhance access to this important transportation option for residents and to visitors to the City of Elgin; and WHEREAS, the establishment of such regulations providing for the protection of the public health, safety and welfare pertains 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 Title 6 of the Elgin Municipal Code, 1976, as amended, entitled "Business Licenses and Regulations" be and is hereby further amended by adding a new chapter 6.74 thereto entitled "Transportation Network Company Services" to read as follows: "CHAPTER 6.74 TRANSPORTATION NETWORK COMPANY SERVICES VOLUME LXXX MAY 27, 2015 197 6.74.010 DEFINITIONS: Unless otherwise stated, the following terms, shall for the purposes of this chapter be construed as defined in this section: "TRANSPORTATION NETWORK COMPANY" or "TNC" means an entity operating in the City of Elgin that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A TNC is not deemed to own, control, operate, or manage the vehicles used by TNC drivers, and is not a taxicab association or a for-hire vehicle owner. "TRANSPORTATION NETWORK COMPANY DRIVER" or "TNC DRIVER" means an individual who operates a motor vehicle that is: (1) owned, leased, or otherwise authorized for use by the individual; (2) not a taxicab or for-hire public passenger vehicle; and (3) used to provide transportation network company services. "TRANSPORTATION NETWORK COMPANY SERVICES" or "TNC SERVICES" means transportation of a passenger between points chosen by the passenger and prearranged with a TNC driver through the use of a TNC digital network or software application. TNC services shall begin when a TNC driver accepts a request for transportation received through the TNC's digital network or software application service, continue while the TNC driver transports the passenger in the TNC driver's vehicle, and end when the passenger exits the TNC driver's vehicle. TNC service is not a taxicab, for-hire vehicle, or street hail service. "TRANSPORTATION NETWORK VEHICLE" means any vehicle used to provide a transportation network service. "VEHICLE AGE" means the age of a vehicle computed by totaling the number of years from the model year to the calendar year, including both. For example, a vehicle with a model year of 2012 has a vehicle age of four years in the 2015 calendar year (2012 plus 2013 plus 2014 plus 2015). 6.74.020 TNC LICENSE REQUIRED: A. No person shall operate or permit to be operated a TNC in the City without first having obtained a license from the City to do so. B. The City's Chief Financial Officer shall issue a license to each applicant that meets the requirements for a TNC set forth in this chapter and pays an annual license fee of Five Hundred Dollars ($500.00) to the City of Elgin. All licenses provided for in this chapter shall expire on April 30 following the date of issuance. 6.74.030 INSURANCE: A. Transportation network companies and participating TNC drivers shall comply with the automobile liability insurance requirements of this Section as required. MAY 27, 2015 VOLUME LXXX 198 B. The following automobile liability insurance requirements shall apply from the moment a participating TNC driver logs on to the transportation network company's digital network or software application until the TNC driver accepts a request to transport a passenger, and from the moment the TNC driver completes the transaction on the digital network or software application or the ride is complete, whichever is later, until the TNC driver either accepts another ride request on the digital network or software application or logs off the digital network or software application: 1. Automobile liability insurance shall be in the amount of at least $50,000 for death and personal injury per person, $100,000 for death and personal injury per incident, and $25,000 for property damage. 2. Contingent automobile liability insurance in the amounts required in paragraph 1 of this subsection B shall be maintained by a transportation network company and provide coverage in the event a participating TNC driver's own automobile liability policy excludes coverage according to its policy terms or does not provide at least the limits of coverage required in paragraph 1 of this subsection B. C. The following automobile liability insurance requirements shall apply from the moment a TNC driver accepts a ride request on the transportation network company's digital network or software application until the TNC driver completes the transaction on the digital network or software application or until the ride is complete, whichever is later: 1. Automobile liability insurance shall be primary and in the amount of $1,000,000 for death, personal injury, and property damage. The requirements for the coverage required by this paragraph 1 may be satisfied by any of the following: a. automobile liability insurance maintained by a participating TNC driver; b. automobile liability company insurance maintained by a transportation network company; or c. any combination of subparagraphs a. and b. 2. Insurance coverage provided under this subsection C shall also provide for uninsured motorist coverage and underinsured motorist coverage in the amount of $50,000 from the moment a passenger enters the vehicle of a participating TNC driver until the passenger exits the vehicle. 3. The insurer, in the case of insurance coverage provided under this subsection C, shall have the duty to defend and indemnify the insured. VOLUME LXXX MAY 27, 2015 199 4. Coverage under an automobile liability insurance policy required under this subsection C shall not be dependent on a personal automobile insurance policy first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim. D. In every instance when automobile liability insurance maintained by a participating TNC driver to fulfill the insurance obligations of this section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this Section beginning with the first dollar of a claim. E. This section shall not limit the liability of a transportation network company arising out of an automobile accident involving a participating TNC driver in any action for damages against a transportation network company for an amount above the required insurance coverage. F. The transportation network company shall disclose in writing to TNC drivers, as part of its agreement with those TNC drivers, the following: 1. the insurance coverage and limits of liability that the transportation network company provides while the TNC driver uses a vehicle in connection with a transportation network company's digital network or software application; and 2. that the TNC driver's own insurance policy may not provide coverage while the TNC driver uses a vehicle in connection with a transportation network company digital network depending on its terms. G. An insurance policy required by this section may be placed with an admitted Illinois insurer, or with an authorized surplus line insurer under Section 445 of the Illinois Insurance Code; and is not subject to any restriction or limitation on the issuance of a policy contained in Section 445a of the Illinois Insurance Code. H. Any insurance policy required by this section shall satisfy the financial responsibility requirement for a motor vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle Code. I. Any transportation network driver shall, in the transportation network vehicle at all times: 1. Carry proof of the insurance policies required in this chapter covering the TNC vehicle; 2. Carry an electronic or paper copy of the agreement or terms of service between the TNC driver and the TNC; and 3. Display the TNC's distinctive emblem provided for in Section 6.74.120C. MAY 27, 2015 VOLUME LXXX 200 6.74.040 TNC DRIVER REQUIREMENTS: A. Prior to permitting an individual to act as a TNC driver on its digital platform, the TNC shall: 1. Require the individual to submit an application to the TNC, which includes information regarding his or her address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC; 2. Conduct or have a third party conduct, a local and national criminal history background check for each individual applicant that shall include: a. Multi-State or Multi-Jurisdictional Criminal Records Locator or other similar commercial nationwide database with validation (primary source search); and b. National Sex Offenders Registry database. 3. Obtain and review a driving history research report for the individual. B. The TNC shall not permit an individual to act as a TNC driver on its digital platform who: 1. Has had more than three (3) moving violations in the prior three-year period, or one major violation in the prior three-year period including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license; 2. Has been convicted, within the past seven (7) years of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, or theft, acts of violence, or acts of terror; 3. Is a match in the National Sex Offenders Registry database; 4. Does not possess a valid driver's license; 5. Does not possess proof of registration for the motor vehicle used to provide TNC services; 6. Does not possess proof of automobile liability insurance for the motor vehicle used to provide TNC services; or 7. Is under nineteen (19) years of age. VOLUME LXXX MAY 27, 2015 201 6.74.050 NON-DISCRIMINATION: A. The TNC shall adopt and notify TNC drivers of a policy of non-discrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to passengers and potential passengers. B. TNC drivers shall comply with all applicable laws regarding non-discrimination against passengers or potential passengers on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identify. C. TNC drivers shall comply with all applicable laws relating to accommodation of service animals. D. A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities. E. A TNC shall provide passengers an opportunity to indicate whether they require a wheelchair accessible vehicle. If a TNC cannot arrange wheelchair-accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available. 6.74.060 ZERO TOLERANCE FOR DRUG OR ALCOHOL USE: A. The TNC shall implement a zero tolerance policy on the use of drugs or alcohol while a TNC driver is providing TNC services or is logged into the TNC's digital network but is not providing TNC services. B. The TNC shall provide notice of the zero tolerance policy on its website, as well as procedures to report a complaint about a driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip. C. Upon receipt of a passenger's complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend the TNC driver's access to the TNC's digital platform, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation. D. The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a passenger's complaint is received by the TNC. 6.74.070 VEHICLE SAFETY AND EMISSIONS: A. The TNC shall require that any motor vehicle(s) that a TNC driver will use to provide TNC services meets the applicable safety and emission requirements for a private motor vehicle under the Illinois Vehicle Code (625 ILCS 5/12-100 thru 12-613). MAY 27, 2015 VOLUME LXXX 202 B. No TNC shall allow and no TNC driver shall operate or permit a TNC vehicle to be operated unless such TNC vehicle is in a safe condition for the transportation of passengers, is well painted and in good mechanical condition and meets the safety and other requirements of this chapter. The Chief of Police or the Chief's designee may require at any time reasonable evidence that a motor vehicle that a TNC driver will use to provide TNC services is in good mechanical condition and meets the safety and other requirements of this chapter. The TNC shall require TNC drivers to permit and TNC drivers shall permit reasonable inspections of TNC vehicles by city employees as may be required by the Chief of Police or equivalent testing certification as may be permitted by the Chief of Police. C. In the event a TNC vehicle is involved in an accident with a pedestrian in which the pedestrian suffers any bodily injury, the TNC driver of such TNC vehicle shall submit to a chemical test or tests of blood, breath or urine for the purpose of determining the content of alcohol, or other drug or drugs, or intoxicating compound or compounds or any combination thereof in the TNC driver's blood at the direction of the law enforcement officer responding to said collision. D. If the TNC driver refuses testing or submits to a test that discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's breath, blood or urine resulting from the unlawful use or consumption of cannabis listed in the Illinois Cannabis Control Act, a controlled substance listed in the Illinois Control Substances Act, an intoxicating compound listed in the Illinois Use of Intoxicating Compounds Act, or methamphetamine as listed in the Illinois Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the Chief of Police certifying that the test or tests was or were requested under subsection B of this section and the TNC driver refused to submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more and/or the unlawful use or consumption of drugs. Such statement or information shall also be provided to the TNC which had engaged such TNC driver. 6.74.080 INSPECTIONS: No TNC shall allow and no TNC driver shall operate any vehicles to be used as a transportation network vehicle unless such vehicle is inspected as required by this chapter. Any motor vehicle(s) that a TNC driver will use to provide TNC services that has a vehicle age of more than five (5) years shall obtain annual written certification from a city-approved vehicle inspection station affirming that the vehicle(s) that a TNC driver will use to provide TNC services is being maintained in a safe operating condition and in accordance with the requirements of this chapter. A list of city-approved vehicle inspection stations shall be provided to each TNC that applies for a license pursuant to this chapter by the police department's traffic investigations unit. When a motor vehicle that a TNC driver will use to provide TNC services has been inspected and approved for operation as a public passenger vehicle or a TNC vehicle by an Illinois police department or municipality other than the City of Elgin, the TNC or the TNC driver may provide the City police department's traffic investigations unit with written proof of such approval. The Chief of Police may accept such written approval from an Illinois police department or other municipality than the City of Elgin in lieu of the vehicle inspection required VOLUME LXXX MAY 27, 2015 203 in this section provided any such written approval was issued within the previous one year. The TNC shall require TNC drivers to maintain and TNC drivers shall maintain complete documentation of such inspections in the TNC vehicle at all times while being used to provide transportation network services, and a written copy of such documentation shall be provided to the police department's traffic investigations unit or a police officer upon request. 6.74.090 ALCOHOLIC BEVERAGES: No person may drink any alcoholic liquor while such person is operating or being transported by a transportation network vehicle, nor may any person transport, carry, possess or have any alcoholic liquor while being transported by a transportation network vehicle, except in the original package with the seal unbroken. 6.74.100 SANITATION: While in operation, every motor vehicle that a TNC driver uses to provide TNC services shall be kept in a neat and clean condition and the interior shall be clean and free of foreign material or substance; the windows shall be clean, clear and free from cracks; the upholstery shall be free of dirt or other foreign substance likely to soil clothing and it shall be free of cracks, holes, tears or a loss of padding. Vehicle exteriors shall be free of excessive rust, excessive paint damage, excessive dents or scrapes or other body damage. The Chief of Police may require reasonable evidence of good mechanical condition at any time. The TNC shall require the TNC drivers to provide and the TNC drivers shall permit reasonable inspections of motor vehicle(s) that a TNC driver uses to provide TNC services to ensure compliance with provisions of this chapter as may be required by the Chief of Police. 6.74.110 FARE CHARGED FOR SERVICES: A. A TNC may charge a fare for the services provided to passengers; provided that, if a fare is charged, the TNC shall disclose to passengers the fare calculation method on its website or within the software application service. B. The TNC shall provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC driver's vehicle. 6.74.120 IDENTIFICATION OF TNC DRIVERS AND VEHICLES: A. The TNC software application or website shall display a picture of the TNC driver, and the license plate number of the motor vehicle utilized for providing the TNC service before the passenger enters the TNC driver's vehicle. B. The TNC shall issue an identification card to TNC drivers that such TNC engages. Such identification card shall have the name of the TNC driver and a photograph permanently attached to the identification card. Any TNC driver shall display the identification card at all times while operating a transportation network vehicle. MAY 27, 2015 VOLUME LXXX 204 C. A transportation network vehicle shall display a consistent and distinctive emblem at all times while being used to provide transportation network services. The distinctive signage shall be sufficiently large and color contrasted as to be readable during daylight hours at a distance of fifty feet (50') and to identify a particular vehicle associated with a particular TNC. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grills. Magnetic or other removable distinctive signage is acceptable. A TNC shall file an illustration of their distinctive signage with the Chief of Police. 6.74.130 ELECTRONIC RECEIPT: Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the passenger that lists: (1) the origin and destination of the trip; (2) the total time and distance of the trip; and (3) an itemization of the total fare paid, if any. 6.74.140 DISPATCHES ONLY TO ELIGIBLE TNC DRIVERS: Dispatches for TNC services shall be made only to eligible TNC drivers who are properly licensed under state law and qualify as a TNC driver under the requirements of this chapter. 6.74.150 AGENT: The TNC must maintain an agent for service of process in the State of Illinois. 6.74.160 STREET HAILS AND USE OF CAB STANDS PROHBITIED: A. A TNC driver shall exclusively accept rides booked through a TNC digital network or software application service and shall not solicit, accept or respond to passenger's or potential passenger's request for service via traditional street hail, including hand gestures and verbal statements. B. No TNC driver operating a transportation network vehicle shall be parked, stopped or standing at a cab stand. 6.74.170 NO CASH TRIPS: The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC drivers of such policies. TNC drivers shall not solicit or accept cash payments from passengers. Any payment for TNC services shall be made only electronically using the TNC's digital network or software application. 6.74.180 PASSENGERS: No person shall occupy any transportation network vehicle in excess of the seating capacity of such vehicle at any time. It shall be the duty of the TNC driver of such transportation network vehicle not to permit any persons in excess of the seating capacity of such transportation network vehicle to be in the transportation network vehicle under his control at any time. No more than VOLUME LXXX MAY 27, 2015 205 one (1) person may occupy the front seat of a transportation network vehicle and then only when there are more than three (3) passengers occupying the transportation network vehicle. 6.74.190 RECORDS: A TNC shall maintain individual trip records for at least one (1) year from the date each trip was provided and TNC driver records at least until the one-year anniversary of the date on which a TNC driver's activation on the TNC digital network has ended. 6.74.200 NO DUTY OR LIABILITY IMPOSED: Nothing herein shall be construed to create any duty on the part of the City, its officers and employees to inspect any TNC vehicle or with respect to the condition or safety of any TNC vehicle or the operation thereof. Further, the City, its officers and employees, shall have no duty respecting nor shall they be liable for any inspection, failure to inspect or improper inspection of TNC vehicles. 6.74.210 APPLICATION: Persons seeking license to operate a TNC pursuant to the provisions of this chapter shall submit an application to the police department's traffic investigations unit on the form supplied by and containing such information as may be required by the police department. The fiscal services department shall issue such licenses or provide a written denial of such application within thirty (30) days of their submission. Any denial shall state the reasons for the denial, and shall inform the applicant that the applicant may appeal the denial by submitting such appeal in writing to the chief financial officer within fifteen (15) days of the date of the denial. 6.74.220 APPEALS: Any person who has been denied a license pursuant to the provisions of this chapter may appeal such denial to the City's Chief Financial Officer within fifteen (15) days of the date of such denial. Such person shall be provided an opportunity to provide reasonable evidence that such person qualifies for a license pursuant to this chapter and other applicable requirements of law and that the granting of a TNC license to such person will not pose an unreasonable risk to the physical safety of the public. Based upon the receipt of such evidence, and other applicable relevant evidence the Chief Financial Officer shall issue a license or a denial of an appeal within fifteen (15) days of such appeal. Any denial of an appeal shall be in writing, and shall state the findings of the Chief Financial Officer and the reasons for such denial. 6.74.230 PENALTY FOR VIOLATION: A. Any person violating any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the City, shall be punished by a fine of not less than Five Hundred Dollars ($500) no more than Two Thousand Dollars ($2,000). MAY 27, 2015 VOLUME LXXX 206 B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation or provision of this chapter is committed, continued or permitted by any such person and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine in this chapter shall not be deemed a waiver of the power of the City of Elgin to suspend, revoke or refuse to renew any license otherwise issued by the City of Elgin. 6.74.240 SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such constitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Passed: May 27, 2015 Vote: Yeas: 7 Nays: 2 Recorded: May 27, 2015 Published: May 8, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXX MAY 27, 2015 207 ORDINANCE G18-15 PASSED AMENDING CHAPTER 6.66 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "TAXICABS" Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Dunne and Prigge. Ordinance No. G18-15 AN ORDINANCE AMENDING CHAPTER 6.66 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "TAXICABS" WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to license; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend the regulations with respect to taxicabs operated within the City to ensure the safety, reliability and cost effectiveness of taxicabs within the City of Elgin and to preserve and enhance access to this important transportation option for residents and visitors to the City of Elgin; and WHEREAS, the establishment and amendment of such regulations providing for the protection of the public health, safety, welfare pertains 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 Chapter 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs" be and is hereby further amended in its entirety to read as follows: "CHAPTER 6.66 TAXICABS MAY 27, 2015 VOLUME LXXX 208 6.66.010: DEFINITIONS: Unless otherwise stated, the following terms shall, for the purposes of this chapter be construed as defined in this section: COMPENSATION: Any money, thing of value, payment, consideration, reward, tip, donation, gratuity, of profit paid to, accepted, or received by the driver or owner of any vehicle providing transportation for a person, or persons: whether paid upon solicitation, demand, or contract, or voluntarily, or intended as gratuity or donation. Reimbursement for tolls and vehicle operating costs in an amount that is equal to or less than the most current privately owned vehicle mileage reimbursement rates established by the U.S. General Services Administration does not constitute compensation. INSPECTION STATION: A facility approved by the chief of police to conduct inspections as required by this chapter. PASSENGER: An individual being transported for compensation in a taxicab. PERSON: Includes individuals, firms, partnerships and corporations having an individual or common ownership of vehicles, equipment and facilities used in the operation of a taxicab business. SERVICE COMPANY: The company, association, group, or organization which, for each group of taxicab owners operated under a common color scheme or trade name, provides common services and facilities such as dispatch, color rights, advertising, telephone listings, maintenance, insurance, credit accounts, driver assignments, fare or compensation collection, credit or debit card transaction processing, and/or record keeping TAXICAB: All motor propelled vehicles that are engaged in the business of transporting passengers for hire, including the transportation of passengers for any form of Compensation, to or from a destination as directed by the passenger(s), available indiscriminately to all persons as may offer themselves for transportation. A taxicab does not include (1) a transportation network vehicle defined in chapter 6.74, (2) a limousine or (3) a motor carrier having a seating capacity of sixteen (16) passengers or more. TAXICAB DRIVER: Any person who operates a taxicab that is dispatched either by hail, telephone, radio, or any electronic device, indicating the location of a passenger for immediate or prearranged transportation device. TAXICAB STAND: Any place, public or private, where taxicabs are placed on display and presented for hire to prospective customers. TAXIMETER: A mechanical, electromechanical, or electronic device which records or indicates a charge or fare measured by distance traveled, waiting time, and extra passengers. VEHICLE AGE: Means the age of a vehicle computed by totaling the number of years from the model year to the calendar year, including both. For example, a vehicle with a model year of VOLUME LXXX MAY 27, 2015 209 2012 has a vehicle age of four years in the 2015 calendar year (2012 plus 2013 plus 2014 plus 2015). WAITING TIME: Time when the taxicab is not in motion, beginning with the arrival at the place to which it has been called, or the time consumed while standing at the direction of the passenger. No charge shall be made for time lost due to inefficiency of the taxicab or its operator or time consumed by a premature response to a call. 6.66.020: OWNERS' AND DRIVERS OPERATORS' LICENSES REQUIRED: A. Taxicab Owner's License Sticker: No person shall use or occupy any street, alley or other public place in the city for the purpose of conducting a business for the transportation of persons for hire in taxicabs unless he shall have first obtained an annual taxicab owner's license sticker for each such taxicab as provided and required in this section. 1. A taxicab owner's license sticker shall be issued annually by the fiscal services manager upon the approval of an application filed in accordance with this chapter and upon payment of the annual fee. All taxicab owners’ license stickers shall expire on April 30, occurring next after the date of issue. 2. The annual license fee for each taxicab owner's license sticker shall be fifty dollars ($50.00). B. Taxicab Driver's License: No person shall operate or drive a taxicab in the city unless such taxicab has been issued a city taxicab owner's license sticker as herein required; and such person has first obtained the following: an appropriate license to transport persons for compensation from the state; a certification of inspection as required by this chapter; commercial vehicle insurance as required by this chapter; bond as required by this chapter, and registered such license, certification and bond with the finance department, and obtained a city taxicab driver's license. Such driver's license shall be issued annually by the fiscal services manager upon payment of an annual registration fee of thirty dollars ($30.00). All taxicab drivers’ licenses shall expire on April 30, next after date of issue. 6.66.030: TAXIMETER/RATES OF FARE/COMPENSATION: Each taxicab licensed under this chapter shall at all times be equipped with a taximeter as required by this chapter which shall be in operation at all times, such taxicab operating on a mileage basis, recording and registering tariffs in accord with established rates of fare and visible at all times to fare paying passengers. A prearranged flat rate fee between the passenger and the taxicab driver is permitted as long as both the taxicab driver and the passenger agree to the flat rate fee in advance of such trip. MAY 27, 2015 VOLUME LXXX 210 6.66.040: RATES OF FARE; FILING: Rates of fare for taxicabs shall be disclosed on the website or within the software application service of the service company, entity or persons owning, operating or causing to be operated a taxicab in the city. If such service company, entity or person does not have a website or a software application on which to post rates of fare for taxicabs, the rates of fare for taxicabs shall be filed with the fiscal services manager prior to January 15 of each calendar year. Such rates shall be available for inspection and copying at the office of the fiscal services manager. No rates shall be charged except in conformance with this section. 6.66.050: INFORMATION TO BE POSTED: No person shall operate or cause to be operated in the city any taxicab unless there is displayed thereon the following information: A. The name of the owner of such taxicab shall be displayed in letters not less than two inches (2") in height on at least one door on each side of the taxicab. If the owner is operating under a firm name, such firm name shall be registered in the office of the fiscal services manager. B. The rates charged shall be clearly displayed and readable in the passenger area of the taxicab. C. A photograph of the operator and copy of the operator's driver's license and city cab driver's permit shall be clearly displayed and readable in the passenger area of the taxicab. D. Each taxicab must post, in a plainly visible location, a sign designating the city telephone number that a taxicab passenger may call to register a complaint regarding the conduct of the taxicab driver, the condition of the taxicab, the taximeter, or any other matter relating to the taxicab driver or the taxicab. 6.66.060: EVIDENCE OF LICENSE PAYMENT TO BE DISPLAYED: There shall be displayed upon each taxicab licensed under this chapter such evidence of payment of the taxicab owner's license sticker fee as may be furnished by the finance department upon payment of the annual taxicab owner's license sticker fee. The taxicab owner's license sticker shall not be transferable, provided however, in the event of a substitution of vehicles at any time during the license period, upon application to the fiscal services department, evidence of registration of the substituted vehicle will be furnished upon the payment of a fee of ten dollars ($10.00) for each such substitution. 6.66.070: USE OF TAXICAB STANDS: Taxicabs may stop or park in places designated as taxicab stands by the chief of police and with the approval of the city council. No person owning, operating or controlling a taxicab shall permit such taxicab to remain in a taxicab stand for more than sixty (60) consecutive minutes. The operator of such taxicab shall be in attendance at all times such taxicab remains in a stand. VOLUME LXXX MAY 27, 2015 211 6.66.080: PASSENGERS: No person shall occupy any taxicab in excess of the seating capacity of such vehicle at any time. It shall be the duty of the operator of such taxicab not to permit any persons in excess of the seating capacity of such taxicab to be in the taxicab under his control at any time. No more than one passenger may occupy the front seat of a taxicab and then only when there are more than three (3) passengers occupying the taxicab. No operator shall refuse a fare based on the requested destination. 6.66.090: ALCOHOLIC BEVERAGES: No person may drink any alcoholic liquor while such person is operating or being transported by a taxicab, nor may any person transport, carry, possess or have any alcoholic liquor while being transported by a taxicab, except in the original package with the seal unbroken. 6.66.100: SAFETY AND EMISSIONS REGULATIONS: A. No person shall operate or permit a taxicab owned by him to be operated unless the taxicab meets the applicable safety and admission requirements for a motor vehicle under the Illinois Motor Vehicle Code (625 ILCS 5/12-100 - 12-613) B. No person shall operate or permit a taxicab owned by him to be operated unless such taxicab is in safe condition for the transportation of passengers, is well painted and in good mechanical condition and meets the safety and other requirements of this chapter. The chief of police or the chief's designee may require at any time reasonable evidence that a taxicab is in good mechanical condition and meets the safety and other requirements of this chapter. Operators shall permit reasonable inspections of taxis by city employees to ensure compliance with the provisions of this chapter as may be required by the chief of police or equivalent testing certification as may be permitted by the chief of police. C. In the event a taxicab is involved in an accident with a pedestrian in which the pedestrian suffers any bodily injury, the driver of such taxicab shall submit to a chemical test or tests of blood, breath or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof in the taxicab driver's blood at the direction of the law enforcement officer responding to said collision. D. If the taxicab driver refuses testing or submits to a test that discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Illinois cannabis control act, a controlled substance listed in the Illinois controlled substances act, an intoxicating compound listed in the Illinois use of intoxicating compounds act, or methamphetamine as listed in the Illinois methamphetamine control and community protection act, the law enforcement officer shall immediately submit a sworn report to the chief of police certifying that the test or tests was or were requested under subsection B of this section and the taxicab driver refused to submit to a test, or tests, or MAY 27, 2015 VOLUME LXXX 212 submitted to testing that disclosed an alcohol concentration of 0.08 or more and/or the unlawful use or consumption of drugs. 6.66.110: SANITATION: While in operation, every taxicab shall be kept in a neat, clean condition and the interior shall be clean and free of foreign material or substance; the windows shall be clear, free from cracks, and shall be kept clean; the upholstering shall be free of dirt or other foreign substance likely to soil clothing and it shall be free of cracks, holes, tears, or loss of padding. Vehicle exteriors shall be free of excessive rust, excessive paint damage, and excessive dents or scrapes or other body damage. The chief of police may require reasonable evidence of good mechanical condition at any time. Operators shall permit reasonable inspections of taxicabs by city employees to ensure compliance with the provisions of this chapter as may be required by the chief of police. 6.66.120: BOND/INSURANCE: No person shall operate or permit to be operated upon the streets or other places in the city any taxicab unless there is in full force and effect, and duly filed in the office of the fiscal services department, a proper bond with sureties approved by the city council, or a policy of commercial vehicle liability insurance providing for the payment and satisfaction of any judgment rendered against the owner or any person operating such vehicle with the owner's implied or express consent, as a result of the operation of such vehicle. Such bond or commercial vehicle insurance policy shall be in not less than the following aggregate amounts for each single occurrence: two hundred fifty thousand dollars ($250,000.00) for injury or death to one person, five hundred thousand dollars ($500,000.00) for injury or death to two (2) or more persons, and fifty thousand dollars ($50,000.00) for property damage. 6.66.130: INSPECTION: A. No person shall operate or permit a taxicab owned by him to be operated as a taxicab unless such vehicle is inspected as required by this chapter. Any taxicab that has a vehicle age of more than five (5) years shall obtain annual written certification from a city-approved vehicle inspection station affirming that the taxicab is being maintained in a safe operating condition and in accordance with the requirements of this chapter. B. Not more than thirty (30) days prior to the date of filing an application for a taxicab owner's license sticker pursuant to section 6.66.020 of this chapter, each taxicab that has a vehicle age of more than five (5) years for which a taxicab owner's license sticker is sought shall obtain written certification from a city approved vehicle inspection station affirming that the taxicab is being maintained in a safe operating condition and that the taximeter for such taxicab has been determined to be accurate and in proper working order. C. The approved taxicab inspection certification from an authorized vehicle inspection station shall be provided to the police department's traffic investigations unit in conjunction with the filing of each application for a taxicab owner's license sticker. VOLUME LXXX MAY 27, 2015 213 D. A list of city approved vehicle inspection stations shall be provided to each applicant for a taxicab license by the police department's traffic investigations unit. E. When a taxicab has been inspected and approved for operation as a public passenger vehicle by an Illinois police department other than the city's, the applicant may provide the city police department's traffic investigations unit with written proof of such approval in conjunction with the filing of each application for a taxicab owner's license sticker. The chief of police may accept such written approval from an Illinois police department other than the city's in lieu of the vehicle inspection required under subsection A of this section provided any such written approval was issued not more than sixty (60) days preceding the filing of the application for a taxicab owner's license sticker. F. Taximeters may be periodically inspected by the police department's traffic investigations unit during the licensing year. Such inspections shall require the taxicab to complete a one mile test run to verify the accuracy of the taximeter. Taximeters shall be sealed to prevent unauthorized tampering of the taximeter. 6.66.140: NO DUTY OR LIABILITY IMPOSED: Nothing herein shall be construed to create any duty on the part of the city, its officers and employees to inspect any taxicab or with respect to the condition or safety of any taxicab or the operation thereof. Further, the city, its officers and employees, shall have no duty respecting nor shall they be liable for, any inspection, failure to inspect or improper inspection of taxicabs. 6.66.150: APPLICATION: Persons seeking a license to operate a taxicab pursuant to the provisions of this chapter shall submit an application to the police department's traffic investigations unit on the form supplied by and containing such information as may be required by the police department. The fiscal services department shall issue such licenses or provide a written denial of such applications within thirty (30) days of their submission. Any denial shall state the reasons for the denial, and shall inform the applicant that the applicant may appeal the denial by submitting such appeal in writing to the fiscal services manager within fifteen (15) days of the date of the denial. 6.66.160: APPLICATION CRITERIA: A. Each applicant seeking a taxicab owner's or driver's license shall meet the following requirements: 1. The applicant must be nineteen (19) years of age or older. 2. The applicant must have a valid Illinois driver's license. MAY 27, 2015 VOLUME LXXX 214 3. The applicant must have had a valid driver's license during the immediately preceding three (3) year period. If the applicant, after having been issued a taxicab driver's license, ceases to have a valid driver's license, the applicant must immediately cease operating a taxicab and the prohibition shall continue until a period of three (3) years has elapsed during which the applicant has held a valid driver's license. 4. The applicant must not have more than three (3) moving violations in the prior three (3) year period, or one (1) major violation in the prior three (3) year period including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license; the applicant must not have been convicted within the past seven (7) years of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, or theft, acts of violence, or acts of terror; the applicant must not be a match in the National Sex Offenders Registry database; the applicant must possess a valid driver's license; the applicant must possess proof of registration for the motor vehicle used to provide taxicab services; and the applicant must possess proof of insurance required by this chapter for the motor vehicle used to provide the taxicab services. If the applicant, after having been issued a taxicab driver's license, is convicted of any of the offenses specified in this subsection, the applicant must immediately cease operating a taxicab. 5. No taxicab owner's or taxicab driver's license shall be issued to any person not qualified for such license under the laws of the state or the ordinances of the city. B. Upon receiving all required information from the applicant, including the submittal of an approved taxicab inspection certification from an authorized vehicle inspection station for each taxicab seeking a license, the police department shall commence the application review process by conducting a criminal background investigation. Upon successfully completing the criminal background investigation, submitting approved taxicab inspection certifications and paying all required fees, the applicant will be issued a taxicab owner's license for each approved taxicab and a city taxicab driver's license. C. The designee of the fiscal services manager shall deny the applications of persons who are not licensed and otherwise qualified to provide taxicab services pursuant to the laws of the state and of the United States. Probationary licenses and temporary or judicial driving permits shall not be sufficient to obtain either a taxicab owner's or driver's license. The designee of the fiscal services manager may deny applications for taxicab owner's or driver's licenses or revoke taxicab owner's or driver's licenses based upon a reasonable evaluation of the risk to the physical safety of the public which would be created by the granting of such licenses. Such an evaluation resulting in a denial of an application shall be based upon the conviction of the applicant of any violent or armed felony within five (5) years of the date of application, or of any drug or controlled substance felony conviction within one year of the date of application. Revocations shall be based upon such convictions during the period of the subject taxicab owner's or driver's license's effectiveness. VOLUME LXXX MAY 27, 2015 215 6.66.170: APPEALS: Any person who has been denied a license pursuant to the provisions of this chapter may appeal such denial to the fiscal services manager within fifteen (15) days of the date of such denial. Such persons shall be provided an opportunity to provide reasonable evidence that the granting of a taxicab license to them will not pose an unreasonable risk to the physical safety of the public. Based upon the receipt of such evidence, the fiscal services manager may issue a taxicab license to the applicant in the fiscal services manager's sole discretion. The fiscal services manager shall issue a license or a denial of any appeal within fifteen (15) days of such appeal. Any denial of an appeal shall be in writing, and shall state the findings of the fiscal services manager and the reasons for such denial. 6.66.180: PENALTY FOR VIOLATION: A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the city, shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000.00). B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation or provision of this chapter is committed, continued or permitted by any such person and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine in this chapter shall not be deemed a waiver of the power of the city of Elgin to suspend, revoke or refuse to renew any license otherwise issued by the city of Elgin. 6.66.190: SEVERABILITY If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such constitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. MAY 27, 2015 VOLUME LXXX 216 Section 3. 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: May 27, 2015 Passed: May 27, 2015 Vote: Yeas: 7 Nays: 2 Recorded: May 27, 2015 Published: May 8, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AUTHORIZATION FOR PAYMENT Councilmember Dunne made a motion, seconded by Councilmember Gavin, to authorize payment in the amount of $263,100 to FER‐PAL Construction USA LLC for emergency water main lining services provided on McLean Boulevard. 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 Gavin made a motion, seconded by Councilmember Shaw, to pass Ordinance Nos. G13-15 through G15-15 and adopt Resolution Nos. 15-71 through 15-76 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-71 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH CIVILTECH ENGINEERING, INC. FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE NEIGHBORHOOD STREET REHABILITATION-EAGLE HEIGHTS PROJECT Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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 MAY 27, 2015 217 Resolution No. 15-71 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CIVILTECH ENGINEERING, INC. FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE NEIGHBORHOOD STREET REHABILITATION-EAGLE HEIGHTS 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 Civiltech Engineering, Inc. for design, administration and planning engineering services in connection with the Neighborhood Street Rehabilitation-Eagle Heights Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Adopted: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-72 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE LARKIN AVENUE FUNCTIONAL OVERLAY RESURFACING PROJECT Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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. MAY 27, 2015 VOLUME LXXX 218 Resolution No. 15-72 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE LARKIN AVENUE FUNCTIONAL OVERLAY RESURFACING (LAFO) PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a local agency agreement for federal participation on behalf of the City of Elgin with the Illinois Department of Transportation in connection with the Larkin Avenue Functional Overlay Resurfacing (LAFO) Project, section number 15-00186-00-RS, job number C-91-247-15, project number M- 4003(490), a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin has appropriated $700,000 for this LAFO project which will be utilized for engineering services and the city's portion of the "Participating Construction" currently estimated at $403,828. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Adopted: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-73 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH AIR ONE EQUIPMENT, INC. FOR FIRE PROTECTIVE TURNOUT CLOTHING Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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 MAY 27, 2015 219 Resolution No. 15-73 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AIR ONE EQUIPMENT, INC. FOR FIRE PROTECTIVE TURNOUT CLOTHING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an agreement with Air One Equipment, Inc. on behalf of the City of Elgin for fire protective turnout clothing, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Adopted: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-74 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES AND ADDITIONAL DESIGN ENGINEERING ACTIVITIES-PHASE II ENGINEERING SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION-STANDISH/ELM PROJECT Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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. MAY 27, 2015 VOLUME LXXX 220 Resolution No. 15-74 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES AND ADDITIONAL DESIGN ENGINEERING ACTIVITIES-PHASE II ENGINEERING SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION-STANDISH/ELM 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 Amendment Agreement No. 3 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for construction administration activities-Phase II engineering services and additional design engineering activities-Phase II engineering services in connection with the 2014 Neighborhood Street Rehabilitation and Combined Sewer Separation-Standish/Elm Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Adopted: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-75 ADOPTED AUTHORIZING EXECUTION OF AN ADDENDUM TO MASTER PREMIER LEASE SCHEDULE WITH KONICA MINOLTA PREMIER FINANCE FOR THE LEASE OF SIX DIGITAL COPIERS Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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 MAY 27, 2015 221 Resolution No. 15-75 RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO MASTER PREMIER LEASE SCHEDULE WITH KONICA MINOLTA PREMIER FINANCE FOR THE LEASE OF SIX DIGITAL COPIERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an Addendum to Master Premier Lease Schedule with Konica Minolta Premier Finance for the lease of six digital copiers, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Adopted: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 15-76 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH THE RYLAND GROUP, INC. (STONEBROOK DEVELOPMENT-CEDAR GROVE SUBDIVISION) Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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. MAY 27, 2015 VOLUME LXXX 222 Resolution No. 15-76 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH THE RYLAND GROUP, INC. (Stonebrook Development-Cedar Grove Subdivision)) WHEREAS, the owners of certain property commonly known as 7.061 acres more or less of the Stonebrook Development-Cedar Grove Subdivision, have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to Annexation Agreement with The Ryland Group, Inc. is in the best interests of the City of Elgin. NOW, THEREFORE, 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, on behalf of the City of Elgin, the First Amendment to Annexation Agreement with The Ryland Group, Inc., a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Adopted: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G13-15 PASSED AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE G47-06 (STONEBROOK DEVELOPMENT- CEDAR GROVE DIVISION) (TRACT 15) Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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 MAY 27, 2015 223 Ordinance No. G13-15 AN ORDINANCE AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE G47-06 (Stonebrook Development – Cedar Grove Subdivision) (Tract 15) WHEREAS, the territory herein described has been annexed to the City of Elgin and originally classified in the PMFR Planned Multiple Family Residence District under ordinance No. G47-06; and WHEREAS, written application has been made to amend PMFR Planned Multiple Family Residence District Ordinance No. G47-06 by deleting from the territory described in such ordinance certain property and amending the zoning thereof to the PSFR2 Planned Single Family Residence District to convert 46 townhome units located on 8 lots into 25 single-family residential lots, within the Cedar Grove Subdivision; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 2, 2015 following due notice by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have Submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; 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, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government affairs; and 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, 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. MAY 27, 2015 VOLUME LXXX 224 Section 2. That Ordinance G47-06 entitled “An Ordinance Classifying Newly Annexed Territory in the PMFR Planned Multiple Family Residence District (Stonebrook Subdivision – 901 and 1000 Corron Road) (Tract 15) passed June 14, 2006 as amended, be and is hereby further amended only as set forth in this ordinance by deleting from the territory described in Section 1 of such ordinance the property legally described as follows: PARCEL1: THAT PART OF LOTS 58, 67, 68, 69, 70, 71, 72, 73, AND 74 IN CEDAR GROVE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTIONS 25 AND 26, TOWNSHIP 41 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON FEBRUARY 29, 2008 AS DOCUMENT NUMBER 2008K017136, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT 58; THENCE SOUTH 70 DEGREES 54 MINUTES 38 SECONDS EAST, A DISTANCE OF 595.00 FEET, ALONG THE NORTHERLY LINE OF SAID LOT 58 AND ALSO BEING THE SOUTH LINE OF POMPTON AVENUE; THENCE SOUTH 19 DEGREES 05 MINUTES 22 SECONDS WEST, A DISTANCE OF 145.50 FEET; THENCE ALONG A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 60.00 FEET, AN ARC DISTANCE 60.04 FEET, AND A CHORD BEARING SOUTH 47 DEGREES 45 MINUTES 17 SECONDS WEST; THENCE SOUTH 76 DEGREES 25 MINUTES 12 SECONDS WEST, A DISTANCE OF 17.25 FEET; THENCE SOUTH 01 DEGREE 26 MINUTES 37 SECONDS EAST, A DISTANCE OF 112.25 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 23 SECONDS WEST, A DISTANCE OF 573.07 FEET, TO A WESTERLY LINE OF SAID LOT 58, AND ALSO BEING AN EASTERLY LINE OF LOT 38 IN SAID CEDAR GROVE SUBDIVISION; THENCE NORTH 01 DEGREE 26 MINUTES 37 SECONDS WEST, A DISTANCE OF 98.02 FEET, ALONG SAID WESTERLY LINE OF LOT 58; THENCE NORTH 04 DEGREES 52 MINUTES 22 SECONDS EAST, A DISTANCE OF 86.30 FEET, ALONG A WESTERLY LINE OF SAID LOT 58 AND ALSO BEING AN EASTERLY LINE OF LOT 37 IN SAID CEDAR GROVE SUBDIVISION; THENCE NORTH 70 DEGREES 54 MINUTES 38 SECONDS WEST, A DISTANCE OF 135.00 FEET, ALONG A BOUNDARY LINE OF SAID LOT 58 AND ALSO BEING A NORTHERLY LINE OF LOT 37 IN SAID CEDAR GROVE SUBDIVISION; THENCE NORTH 19 DEGREES 05 MINUTES 22 SECONDS EAST, A DISTANCE OF 66.00 FEET, ALONG A WESTERLY LINE OF SAID LOT 58 AND ALSO BEING AN EASTERLY LINE OF ALBERTA ROAD; THENCE SOUTH 70 DEGREES 54 MINUTES 38 SECONDS EAST, A DISTANCE OF 135.00 FEET, ALONG A BOUNDARY LINE OF SAID LOT 58 AND ALSO BEING A SOUTHERLY LINE OF LOT 36 IN SAID CEDAR GROVE SUBDIVISION; THENCE NORTH 19 DEGREES 05 MINUTES 22 SECONDS EAST, A DISTANCE OF 270.00 FEET, ALONG A WESTERLY LINE OF SAID LOT 58 AND ALSO BEING AN EASTERLY LINE OF LOTS 36, 35 AND 34 IN SAID CEDAR GROVE SUBDIVISION, TO THE POINT OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. VOLUME LXXX MAY 27, 2015 225 PARCEL 2: LOT 57 IN CEDAR GROVE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTIONS 25 AND 26, TOWNSHIP 41 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 29, 2008 AS DOCUMENT NUMBER 2008K017136, IN KANE COUNTY, ILLINOIS. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Passed: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: May 27, 2015 Published: May 8, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G14-15 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G48-06 (STONEBROOK DEVELOPMENT- CEDAR GROVE SUBDIVISION) (TRACT 14) Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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. G14-15 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G48-06 (Stonebrook Development – Cedar Grove Subdivision) (Tract 14) WHEREAS, the territory herein described has been annexed to the City of Elgin and originally classified in the PSFR2 Planned Single Family Residence District under ordinance No. G48-06; and MAY 27, 2015 VOLUME LXXX 226 WHEREAS, written application has been made to amend PSFR Planned Single Family Residence District Ordinance No. G48-06 by adding to the territory described in such ordinance additional property previously zoned in the PMFR Planned Multiple Family Residence District to convert 46 townhome units located on 8 lots into 25 single-family residential lots, within the Cedar Grove Subdivision; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 2, 2015 following due notice by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have Submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; 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, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government affairs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 3. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 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 4. That Ordinance G48-06 entitled “An Ordinance Classifying Newly Annexed Territory in the PSFR Planned Single Family Residence District (Stonebrook Subdivision – 901 and 1000 Corron Road) (Tract 14) passed June 14, 2006 as amended, be and is hereby further amended only as set forth in this ordinance. Section 5. That Ordinance G48-06 be and is hereby amended by amending Section 1 of such ordinance by adding to the territory described therein the additional property ("Additional Subject Property") legally described as follows: PARCEL1: THAT PART OF LOTS 58, 67, 68, 69, 70, 71, 72, 73, AND 74 IN CEDAR GROVE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTIONS 25 AND 26, TOWNSHIP 41 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON FEBRUARY 29, 2008 AS DOCUMENT NUMBER 2008K017136, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT 58; THENCE VOLUME LXXX MAY 27, 2015 227 SOUTH 70 DEGREES 54 MINUTES 38 SECONDS EAST, A DISTANCE OF 595.00 FEET, ALONG THE NORTHERLY LINE OF SAID LOT 58 AND ALSO BEING THE SOUTH LINE OF POMPTON AVENUE; THENCE SOUTH 19 DEGREES 05 MINUTES 22 SECONDS WEST, A DISTANCE OF 145.50 FEET; THENCE ALONG A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 60.00 FEET, AN ARC DISTANCE 60.04 FEET, AND A CHORD BEARING SOUTH 47 DEGREES 45 MINUTES 17 SECONDS WEST; THENCE SOUTH 76 DEGREES 25 MINUTES 12 SECONDS WEST, A DISTANCE OF 17.25 FEET; THENCE SOUTH 01 DEGREE 26 MINUTES 37 SECONDS EAST, A DISTANCE OF 112.25 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 23 SECONDS WEST, A DISTANCE OF 573.07 FEET, TO A WESTERLY LINE OF SAID LOT 58, AND ALSO BEING AN EASTERLY LINE OF LOT 38 IN SAID CEDAR GROVE SUBDIVISION; THENCE NORTH 01 DEGREE 26 MINUTES 37 SECONDS WEST, A DISTANCE OF 98.02 FEET, ALONG SAID WESTERLY LINE OF LOT 58; THENCE NORTH 04 DEGREES 52 MINUTES 22 SECONDS EAST, A DISTANCE OF 86.30 FEET, ALONG A WESTERLY LINE OF SAID LOT 58 AND ALSO BEING AN EASTERLY LINE OF LOT 37 IN SAID CEDAR GROVE SUBDIVISION; THENCE NORTH 70 DEGREES 54 MINUTES 38 SECONDS WEST, A DISTANCE OF 135.00 FEET, ALONG A BOUNDARY LINE OF SAID LOT 58 AND ALSO BEING A NORTHERLY LINE OF LOT 37 IN SAID CEDAR GROVE SUBDIVISION; THENCE NORTH 19 DEGREES 05 MINUTES 22 SECONDS EAST, A DISTANCE OF 66.00 FEET, ALONG A WESTERLY LINE OF SAID LOT 58 AND ALSO BEING AN EASTERLY LINE OF ALBERTA ROAD; THENCE SOUTH 70 DEGREES 54 MINUTES 38 SECONDS EAST, A DISTANCE OF 135.00 FEET, ALONG A BOUNDARY LINE OF SAID LOT 58 AND ALSO BEING A SOUTHERLY LINE OF LOT 36 IN SAID CEDAR GROVE SUBDIVISION; THENCE NORTH 19 DEGREES 05 MINUTES 22 SECONDS EAST, A DISTANCE OF 270.00 FEET, ALONG A WESTERLY LINE OF SAID LOT 58 AND ALSO BEING AN EASTERLY LINE OF LOTS 36, 35 AND 34 IN SAID CEDAR GROVE SUBDIVISION, TO THE POINT OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. PARCEL 2: LOT 57 IN CEDAR GROVE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTIONS 25 AND 26, TOWNSHIP 41 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 29, 2008 AS DOCUMENT NUMBER 2008K017136, IN KANE COUNTY, ILLINOIS. Section 4. That only with respect to the Additional Subject Property Ordinance G48- 06 be and is hereby further amended by amending Section 2G "Site Design" subsections G2 through G4 entitled "Lot Area, Lot Width, Setbacks-Generally, Setbacks by Lot Line" in their entirety to read as follows: MAY 27, 2015 VOLUME LXXX 228 "2. Lot Area. The minimum required lot area shall be 8,400 square feet for 16 of the 25 proposed single family lots. 3. Lot Width. The minimum required lot width for a zoning lot shall be 70 feet for 7 of the 25 proposed single family lots. 4. Street Setback. The minimum required building setback shall be 23.5 feet from the local street right of way for 8 of the 25 proposed single family lots. Interior Setback. The minimum required interior building setback shall be 5 feet for 19 of the 25 proposed single family lots. Rear Setback. The minimum required setback from a rear lot line shall be 15 feet for the all of 25 proposed single family lots. Transition Setback. The minimum transition setback shall match the proposed interior (5 feet) or rear (15 feet) setbacks whichever is applicable for all of the 25 proposed single family lots." Section 5. That in addition to the other applicable requirements of Ordinance G48- 06, the Additional Subject Property shall be developed subject to the following conditions: 1. Substantial conformance with the Petitioner’s Application, Statement of Purpose, Consent and Disclosure, and attachments dated November 20, 2014. In the event of any conflict between said original Statement of Purpose and Conformance and said new Statement of Purpose and Conformance, the new Statement of Purpose and Conformance shall supersede and control. 2. Substantial conformance to the Consent and Disclosure, dated received November 20, 2014. 3. Substantial conformance to the “Zoning Exhibit”, Sheet 1 of 1, prepared by Mackie Consultants, LLC, dated November 14, 2014, last revised April 28, 2015. 4. Substantial conformance to the "Concept Site Plan-East Development for Cedar Grove", Sheet 1 of 1, prepared by Mackie Consultants, LLC, dated revised November 12, 2014 and dated received November 20, 2014. 5. Substantial conformance to the “Landscape Plan”, Sheet 1 of 1, prepared by Gary R. Weber Associates, Inc., dated November 17, 2014 and dated received November 20, 2014. 6. Substantial conformance to the following building elevations and floor plan project sheets, “The Auburn, The Huntington, The Windsor, The Manchester, The Normandy, The Oxford, and The Newcastle. VOLUME LXXX MAY 27, 2015 229 7. Substantial conformance to the Final Plat of Resubdivision of Cedar Grove entitled "Resubdivision of Cedar Grove", prepared by Mackie Consultants, LLC, dated March 6, 2015, with a last revision date of April 15, 2015, subject to further revisions required by the Community Development, Engineering, Water, Fire and Legal Departments. 8. Substantial conformance to the final engineering plans for Cedar Grove East redevelopment entitled "Cedar Grove East Redevelopment", prepared by Mackie Consultants, LLC, dated March 6, 2015, with a last revision date of April 14, 2015, subject to further revisions required by the Community Development, Engineering, Water, Fire and Legal Departments. 9. Conformance with applicable codes and ordinances. Section 6. That except as amended herein; the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G48-06. 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 G48-06, this ordinance and associated documents shall control and prevail. Section 7. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Passed: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: May 27, 2015 Published: May 8, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 27, 2015 VOLUME LXXX 230 ORDINANCE G15-15 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND CERTAIN REGULATIONS RELATING TO EXTERIOR SALES PERMITS Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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. G15-15 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND CERTAIN REGULATIONS RELATING TO EXTERIOR SALES PERMITS 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 exterior sales permits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.055 of the Elgin Municipal Code, 1976, as amended, entitled "Exterior Sales Permit" be and is hereby further amended by amending the introductory paragraph thereof only to read as follows: "There is established an exterior sales permit to allow the retail sale of alcoholic liquor for consumption on or within any beer garden, patio area or other similar outside or unroofed or unenclosed areas (hereinafter referred to as "exterior sales areas") adjoining and utilized in conjunction with a principal establishment for which there is a then currently issued and valid class A, A-1, AA, C, D, E, E-1, E-2, E-3, E-4, F, F-1 or K license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed in any exterior sales area without first obtaining a permit as provided herein." VOLUME LXXX MAY 27, 2015 231 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Passed: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: May 27, 2015 Published: May 8, 2015 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Dunne, 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. Building Commission April 15, 2015 Building Commission – Electrical Committee May 17, 2011 Emergency Telephone System Board April 16, 2015 Liquor Commission April 8, 2015 Heritage Commission Design Review January 13, March 10, April 14, 2015 Human Relations Commission April 7, 2015 Retiree Health Insurance February 2, 2015 Strategic Plan Advisory Commission February 24, and April 28, 2015 Sustainability Commission April 14, 2015 Committee of the Whole Minutes for April 22, 2015 City Council Minutes for April 22, 2015 Hotel Motel Tax Natural Gas Tax Video Gaming Revenue Disbursement Report MAY 27, 2015 VOLUME LXXX 232 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act 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 9:05 p.m. s/ Kimberly Dewis June 10, 2015 Kimberly Dewis, City Clerk Date Approved