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HomeMy WebLinkAbouth - May 4, 2016 CC219 VOLUME LXXXI MAY 4, 2016 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 4, 2016, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Dale Jaacks from God’s Oasis and the Pledge of Allegiance was led by Peter Wendt of the American Legion Post 57. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE APRIL 27, 2016, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve the April 27, 2016, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Councilmember Shaw abstained. COMMUNICATIONS National Peace Officer’s Memorial Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, May 15 has been designated as National Peace Officer’s Memorial Day; and WHEREAS, the members of the Elgin Police Department play an essential role in safeguarding the rights and freedoms of Elgin; and WHEREAS, it is important that all citizens know and understand the duties of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people; and MAY 4, 2016 VOLUME LXXXI 220 WHEREAS, the men and women of the Elgin Police Department unceasingly provide a vital public service. NOW, THEREFORE, I, David Kaptain, declare Wednesday, May 11, 2016, as ELGIN PEACE OFFICERS MEMORIAL DAY as a day to remember those officers who have gone before us and hereby order the lowering of the flags flying in front of this facility to Half Mast. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of May, 2016. David J. Kaptain Mayor Poppy Days Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, America is the land of the freedom, preserved and protected willingly and freely by citizen soldiers; and WHEREAS, millions of citizen soldiers, who have answered the call to arms, have died on the field of battle; and WHEREAS, a Nation must be reminded of the price of war and the debt owed to those who have died in war; and WHEREAS, the red poppy has been designated as a symbol of the sacrifice of lives in all wars; and WHEREAS, the American Legion and its Auxiliaries, the Veterans of Foreign Wars and its Auxiliaries and the AMVETS have pledged to remind Americans annually of this debt through the distribution of the poppy as the memorial flower. NOW, THEREFORE, I David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim May 19, 20 and 21, 2016 as POPPY DAYS in Elgin and ask all citizens to pay tribute to those who have made the ultimate sacrifice in the name of freedom, by making a donation for and wearing the memorial poppy during these days. IN WITNESS THEREOF, I have hereunto set my hand this 4th day of May, 2016. David J. Kaptain Mayor VOLUME LXXXI MAY 4, 2016 221 National Preservation Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "This Place Matters" is the theme for National Preservation Month 2016, cosponsored by the City of Elgin, Illinois and the National Trust for Historic Preservation. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim the month of May 2016, as Preservation Month, and call upon fellow citizens of Elgin and across the United States in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 4th day of May, 2016. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Jana Frohlich presented a suggestion regarding code enforcement in the form of a neighborhood watch type program to assist with compliance. BID 16-021 AWARDED TO TRINE CONSTRUCTION CORPORATION FOR WEST PRESSURE ZONE CONNECTIVITY PROJECT – BOWES ROAD TRANSMISSION MAIN There was discussion regarding the phases of the project, the steps to each phase, and the costs involved with the bid currently being awarded. MAY 4, 2016 VOLUME LXXXI 222 Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award the West Pressure Zone Connectivity Project – Phase I - Bowes Road Transmission Main to Trine Construction Corporation of West Chicago, Illinois in the amount of $1,605,259 to improve the city’s water distribution infrastructure to adequately provide water flow, pressure, quality and reliability to our residents. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 16-028 AWARDED TO PRECISION PAVEMENT MARKINGS FOR PAVEMENT MARKING PROGRAM Councilmember Powell made a motion, seconded by Councilmember Martinez, to award the 2016 Pavement Marking Program base bid ($327,567) and alternate bid ($14,158) to Precision Pavement Markings in the total amount of $341,725 to provide clear traffic guidance on city maintained roads. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-76 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ADMINISTRATION AND DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2014 WEST PRESSURE ZONE CONNECTIVITY PROJECT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-76 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ADMINISTRATION AND DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2014 WEST PRESSURE ZONE CONNECTIVITY 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 Amendment Agreement No. 1 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for construction administration and design engineering services in connection with the 2014 West Pressure Zone Connectivity Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXI MAY 4, 2016 223 Presented: May 4, 2016 Adopted: May 4, 2016 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G24-16 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A PACKAGE LIQUOR STORE IN THE AB AREA BUSINESS DISTRICT (333 SOUTH MCLEAN BOULEVARD, SUITE A) Councilmember Powell 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: Councilmember Dunne. Councilmember Prigge abstained. Ordinance No. G24-16 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A PACKAGE LIQUOR STORE IN THE AB AREA BUSINESS DISTRICT (333 South McLean Boulevard, Suite A) WHEREAS, written application has been made requesting conditional use approval to establish a package liquor store within a portion of the building located at 333 South McLean Boulevard; and WHEREAS, the zoning lot with the building containing the premises at 333 South McLean Boulevard is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the AB Area Business District and such land use is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 4, 2016, following due notice by publication; and WHEREAS, the Community Development 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 MAY 4, 2016 VOLUME LXXXI 224 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 and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the AB Area Business District pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 4, 2016, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to establish a package liquor store at 333 South McLean Boulevard, Suite A, commonly identified by Kane County Property Index Number 06- 22-251-042, and legally described as follows: The north 25 feet of Lot 20 and all of Lots 21 and 22 in block six of the Plat of South Washington Heights of Lot 2 in the northeast ¼ of Section 22, township 41 north, Range 8, east of the Third Principal Meridian, (except that part conveyed to the City of Elgin by Documents 1778884 described as follows: Beginning at the northwest corner of the above-described property: Thence southerly 125.38 feet along the westerly line of said property on an assumed nearing of south 3 degrees, 28 minutes, 58 seconds west to the southwest corner of said property; Thence north 89 degrees, 55 minutes, 54 seconds east 9.37 feet thence north 2 degrees, 27 minutes, 09 seconds east, 125.26 feet to a point north the north line of said property; thence south 89 degrees, 56 minutes, 25 seconds west, 7.12 feet to the point of beginning) (Also except parts dedicated for roadway purposes by instruments recorded November 9, 1932 as document 360852, recorded November 9, 1932 as document 360855, recorded January 13, 1955 as documents 769855 and recorded May 23, 1955 as document 780568) in the City of Elgin, Kane County, Illinois. (Commonly known as: 333 McLean Boulevard, Elgin, IL 60123) be and is hereby approved subject to the following additional conditions: 1. Substantial conformance to the Development Application and Attachments, submitted by J&N Liquors, Inc. an Illinois corporation as applicant and BP Realty Partnership, an Illinois partnership and consisting of the following exhibits: VOLUME LXXXI MAY 4, 2016 225 a. Statement of Purpose & Conformance prepared by Bazos, Freeman, Kramer, Schuster & Braithwaite, LLC, dated received February 29, 2016. b. Street view and aerial photo of 333 South McLean Boulevard with tenant locations identified prepared by Bazos, Freeman, Kramer, Schuster & Braithwaite, LLC, dated received February 29, 2016. c. Floor Plan for J&N Liquors prepared by Mr. Nick Garris dated received on March 28, 2016. d. Specifications of shelving and display units submitted by the applicant dated received on March 29, 2016. In the event of any conflict between the foregoing documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. 2. The conditional use granted herein is limited to tenant space 333 South McLean Boulevard Suite A. 3. The applicant or property owner shall install all required landscape material within the street yard on completion of the roadway and intersection improvements. Landscape material shall consist of a combination of trees and shrubs. 4. Graphics shall be constructed and installed in conformance with the requirements of the zoning ordinance. All free standing graphics shall be constructed as monument graphics. Street graphics advertising the sale of alcohol on the premises are prohibited. 5. Compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 4, 2016 Passed: May 4, 2016 Vote: Yeas: 7 Nays: 1 Abstain: 1 Recorded: May 4, 2016 Published: May 6, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MAY 4, 2016 VOLUME LXXXI 226 CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt Resolution Nos. 16-71 through 16-75 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-71 ADOPTED AUTHORIZING EXECUTION OF ADDENDUM NO. 2 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 PERMANENT PART-TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-71 RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM NO. 2 TO COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 PERMANENT PART-TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP 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 on behalf of the City of Elgin addendum no. 2 to collective bargaining agreement between the City of Elgin and Service Employees International Union Local 73 Permanent Part-Time Maintenance and Custodian Employee Group, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 4, 2016 Adopted: May 4, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI MAY 4, 2016 227 RESOLUTION 16-72 ADOPTED AUTHORIZING EXECUTION OF A PLAT OF VACATION OF CERTAIN UTILITY AND OTHER EASEMENTS IN THE RANDALL ROSE AUTO MALL SUBDIVISION (PART OF LOTS 8 AND 9) Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-72 RESOLUTION AUTHORIZING EXECUTION OF A PLAT OF VACATION OF CERTAIN UTILITY AND OTHER EASEMENTS IN THE RANDALL ROSE AUTO MALL SUBDIVISION (Part of Lots 8 and 9) 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 to execute a Plat of Vacation of certain public utility easements in part of Lots 8 and 9 of the Randall Rose Auto Mall Subdivision prepared by Manhard Consulting Ltd. dated April 11, 2016, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of vacation to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 4, 2016 Adopted: May 4, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-73 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR SERVICES DURING 2015 Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. MAY 4, 2016 VOLUME LXXXI 228 Resolution No. 16-73 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR SERVICES DURING 2015 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Ride in Kane Pace Subsidy Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for services during 2015, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 4, 2016 Adopted: May 4, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-74 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE J. SUFFREDIN, JR. FOR LEGISLATIVE REPRESENTATION Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-74 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE J. SUFFREDIN, JR. FOR LEGISLATIVE REPRESENTATION 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 VOLUME LXXXI MAY 4, 2016 229 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Steven Nemerovski and Lawrence J. Suffredin, Jr. for legislative representation, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 4, 2016 Adopted: May 4, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-75 ADOPTED AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT IN THE CITY OF ELGIN COOK COUNTY AUTOMOBILE DEALERSHIP INCENTIVE PROGRAM WITH JERRY BIGGERS CHEVROLET, INC. (1385 EAST CHICAGO STREET) Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-75 RESOLUTION AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT IN THE CITY OF ELGIN COOK COUNTY AUTOMOBILE DEALERSHIP INCENTIVE PROGRAM WITH JERRY BIGGERS CHEVROLET, INC. (1385 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Participation Agreement in the City of Elgin Cook County Automobile Dealership Incentive Program on behalf of the City of Elgin with Jerry Biggers Chevrolet, Inc. to MAY 4, 2016 VOLUME LXXXI 230 permit participation in the Capital Investment Grant portion of the 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 4, 2016 Adopted: May 4, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Committee of the Whole for April 13, 2016 City Council Minutes for April 13, 2016 Alcoholic Tax Revenue Natural Gas Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Gavin, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:25p.m. s/ Kimberly Dewis May 25, 2016 Kimberly Dewis, City Clerk Date Approved