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Home My WebLink Aboutt - November 8, 2017 CC371 VOLUME LXXXII NOVEMBER 8, 2017 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 November 8, 2017, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Sidney Giddens, from the Second Baptist Church and the Pledge of Allegiance was led by Fire Chief Schmidt. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE OCTOBER 25, 2017, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve the October 25, 2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Joe Galli expressed his concerns regarding the proposed ordinance entitled Public Safety Benefits Act Administration. He thanked the council for taking time to talk with him about these concerns. Scott Webb, of the VFW 1307, noted that while they closed their post location on Weld Road the group is still active in the community. James Harvey announced the five year anniversary of the opening of Elgin Artspace Lofts. He thanked the staff and community for their support over the years and looked forward to future events. BID 17-047 TABLED FOR THE WING PARK GOLF COURSE DRAINAGE PROJECT NOVEMBER 8, 2017 VOLUME LXXXII 372 Councilmember Steffen made a motion, seconded by Councilmember Gavin, to table the contract to Continental Construction for the drainage improvements to the Wing Park Golf Course. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 17-17 APPROVED REQUESTING TO ESTABLISH A COMMERCIAL EVENT SPACE WITH ACTIVITIES PERTAINING TO ASSEMBLY OF PEOPLE ON THE PROPERTY LOCATED AT 219 WEST HIGHLAND AVENUE, BY FRIDA’S PARTY ROOM AND KURT KRESMERY, AS APPLICANTS, AND KURT KRESMERY, AS PROPERTY OWNER. Marc Mylott, Community Development Director, provided an overview of Petition 17-17 which would grant a conditional use to allow for assembly uses at 219 West Highland Avenue. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. There was a discussion regarding the amount of onsite parking and the number of spaces in an adjacent public parking lot. Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 17-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G47-17 TABLED AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY PROVIDING FOR A NEW CHAPTER 2.88 THERETO ENTITLED "PUBLIC SAFETY EMPLOYEE BENEFITS ACT ADMINISTRATION" Councilmember Steffen made a motion, seconded by Councilmember Shaw, to table ordinance G47-17. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G46-17 and adopt Resolution Nos. 17-138 through 17-142 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXII NOVEMBER 8, 2017 373 RESOLUTION 17-138 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH VERTICAL VAR, LLC FOR IBM ISERIES POWER 8 SERVER FOR NAVILINE E4D REPLACEMENT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 17-138 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH VERTICAL VAR, LLC FOR IBM ISERIES POWER 8 SERVER FOR NAVILINE E4D REPLACEMENT 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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with VERTICAL VAR, LLC for IBM iSeries Power 8 Server for NaviLine E4D Replacement, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 8, 2017 Adopted: November 8, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-139 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT NOVEMBER 8, 2017 VOLUME LXXXII 374 PROGRAM (STEP) GRANT AND RATIFYING THE EXECUTION OF A GRANT AGREEMENT (AGREEMENT NO. AP-18-0044 04-02) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 17-139 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND RATIFYING THE EXECUTION OF A GRANT AGREEMENT (Agreement No. AP-18-0044 04-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program (STEP) grant in the amount of $94,323 for occupant protection and impaired driving enforcement. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a grant agreement by Richard G. Kozal, City Manager, with the Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program (STEP), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 8, 2017 Adopted: November 8, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXII NOVEMBER 8, 2017 375 RESOLUTION 17-140 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH CAROLYN M. GATHMAN, AS TRUSTEE, AND ROBERT B. GATHMAN, AS TRUSTEE, FOR SANITARY SEWER AND WATER MAIN PURPOSES Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 17-140 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH CAROLYN M. GATHMAN, AS TRUSTEE, AND ROBERT B. GATHMAN, AS TRUSTEE, FOR SANITARY SEWER AND WATER MAIN PURPOSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an easement agreement with Carolyn M. Gathman, as Trustee of the Declaration of Trust Agreement No. 202 of Carolyn M. Gathman dated March 13, 2001 and Robert B. Gathman, as Trustee of the Declaration of Trust Agreement No. 201 of Robert B. Gathman dated March 13, 2001, each as to an undivided one-half (1/2) interest, for an easement for sanitary sewer and water main improvements purposes, for the property legally described in the easement agreement, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 8, 2017 Adopted: November 8, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-141 ADOPTED APPOINTING COMMUNITY DEVELOPMENT DIRECTOR MARC MYLOTT AS THE CITY OF ELGIN'S REPRESENTATIVE TO NOVEMBER 8, 2017 VOLUME LXXXII 376 THE JOINT REVIEW BOARDS FOR THE CITY OF ELGIN'S TAX INCREMENT FINANCING DISTRICTS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 17-141 RESOLUTION APPOINTING COMMUNITY DEVELOPMENT DIRECTOR MARC MYLOTT AS THE CITY OF ELGIN'S REPRESENTATIVE TO THE JOINT REVIEW BOARDS FOR THE CITY OF ELGIN'S TAX INCREMENT FINANCING DISTRICTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Community Development Director Marc Mylott be and is hereby appointed as the City of Elgin's representative on the joint review boards for the City of Elgin's three existing tax increment financing districts consisting of the Central Area TIF District, the Route 20 TIF District and the Bluff City TIF District. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 8, 2017 Adopted: November 8, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 17-142 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT AND ADDENDUM TO REAL ESTATE CONTRACT (1254 CEDAR AVENUE) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 17-142 VOLUME LXXXII NOVEMBER 8, 2017 377 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT AND ADDENDUM TO REAL ESTATE CONTRACT (1254 Cedar Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Real Estate Contract and Addendum to Real Estate Contract on behalf of the City of Elgin by Richard G. Kozal, City Manager, with Fannie Mae for the purchase of the property commonly known as 1254 Cedar Avenue, Elgin, for $139,900, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 8, 2017 Adopted: November 8, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G46-17 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G46-17 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: NOVEMBER 8, 2017 VOLUME LXXXII 378 Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraph M thereof to read as follows: "M. The number of Class E licenses shall not exceed eleven (11) in number. Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 8, 2017 Passed: November 8, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 8, 2017 Published: November 10, 2017 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Bicycle & Pedestrian Advisory Committee, August 8, 2017 Liquor Control Commission, September 13, 2017 Planning and Zoning Commission, September 11, 2017 Committee of the Whole, September 27, 2017 City Council Minutes, September 27, 2017 Electricity Tax Natural Gas Tax VOLUME LXXXII NOVEMBER 8, 2017 379 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Powell 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 Dixon, Dunne, Gavin, Martinez, Powell, 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 Purchase or Lease of Real Property for the Use of the Public Body - Exempt under Section 120/2(c)(5) of the Open Meetings Act Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act The meeting adjourned at 7:30 p.m. s/ Kimberly Dewis November 15, 2017 Kimberly Dewis, City Clerk Date Approved