Loading...
HomeMy WebLinkAbouth - April 25, 2018 CC158 APRIL 25, 2018 VOLUME LXXXIII COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on April 25, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:45 p.m. The Invocation was given by Iman Siddiqui from the Institute of Islamic Education and the Pledge of Allegiance was led by Councilmember Terry Gavin. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE APRIL 11, 2018, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve the April 11, 2018, 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. COMMUNICATIONS VNA Health Care 100th Anniversary Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS; in 1917 the Nurses Council was established in Elgin, Illinois and began a visiting nurse service to reduce TB deaths and infant mortality. In 1923 the Nurses Council became part of the Elgin Health Center and established a Community Dispensary, one of the first in the state; and WHEREAS; in 1966, Elgin Health Center became certified by the State of Illinois for Medicare home health services. In 1971 the name was changed to Visiting Nurse Association; and VOLUME LXXXIII APRIL 25, 2018 159 WHEREAS; in 1994 the Elgin office moved to 115 S. Grove Avenue. In 2002 the organization became designated as a Federally Qualified Health Center providing comprehensive primary care services to thousands of uninsured and underinsured individuals; and WHEREAS; in 2005 the clinic expanded and more space was rented at 620 Wing Street. In 2012 the organization constructed a new clinic facility at 801 Villa Street in response to the growing number of patients; and WHEREAS; VNA is accredited by the Joint Commission and has been designated a Health Resources and Services Administration (HRSA) Health Center Quality Leader since the inception of the designation; and WHEREAS; in 2018 VNA Health Care will provide comprehensive primary care and home-based health services to over 72,000 patients in total, with over 13,000 patients in Elgin. NOW, THEREFORE, I, David Kaptain, Mayor of Elgin, do hereby congratulate VNA Health Care on reaching its 100thanniversary and on behalf of all citizens of Elgin wish the organization many more years of success. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April, 2018. David J. Kaptain Mayor Arbor Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, The City of Elgin adopted a Tree Preservation Ordinance in 2013; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life giving oxygen, and provide habitat for wildlife; and APRIL 25, 2018 VOLUME LXXXIII 160 WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas and beautify our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby proclaim April 27, 2018as Arbor Day, in the city of Elgin and I urge all citizens to celebrate Arbor Day and efforts to protect our trees and woodlands and to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April, 2018. David J. Kaptain Mayor Bike Month Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the bicycle is an economical, healthy, convenient, and environmentally sound form of transportation and an excellent tool for recreation and enjoyment of Elgin’s scenic beauty; and WHEREAS, throughout the month of May, residents and visitors of Elgin are encouraged to experience the joys of bicycling through educational programs, races, commuting events, or by simply getting out and going for a bike ride; and WHEREAS, creating a bicycle-friendly community improves citizens’ health, well- being, and quality of life, grows the economy, attracts tourism dollars, improves traffic safety, supports student learning outcomes, and reduces pollution, congestion, and wear and tear on streets and roads; and WHEREAS, the Elgin Bicycle and Pedestrian Advisory Committee, Elgin Bike Hub, and other bicycle advocacy groups will be promoting bicycling, bicycle tourism, and greater public awareness of bicycle operation and safety education during the month of May 2018 and year round. NOW THEREFORE, I, David Kaptain, Mayor of the city of Elgin, do hereby proclaim May 2018 as Bike Month in the city of Elgin, and I urge all residents to join me in this special observance. VOLUME LXXXIII APRIL 25, 2018 161 IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April, 2018. David J. Kaptain Mayor Proclamation of Appreciation for Aaron Cosentino Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Aaron Cosentino was originally hired on June 2, 2008 as a Northern Illinois University Intern serving a dual role with responsibilities in public works and the city manager’s office, was hired on full time on May 10, 2010 as Management Analyst for Sustainability and Grant Coordination and promoted on January 26, 2014 to Senior Management Analyst; and WHEREAS, Mr. Cosentino was appointed as an Assistant City Manager on November 21, 2017 where he focused on internal operations with oversight in areas related to the budget and financial plan, performance management and technology and served as a resource for day-to- day operations within the city; and WHEREAS, During Mr. Cosentino’s 10 years with the City of Elgin, Mr. Cosentino played a vital role in the coordination, design and writing of the City’s annual budget and performance reporting amounting to more than 2,500 pages of policy and information; and WHEREAS, Mr. Cosentino was instrumental in the development and adoption of the city’s first Sustainability Action Plan, where the community continues to benefit from initiatives such as 24 rain gardens to the Southwest neighborhoods, the City’s first electronic vehicle charging station and more than 75 chickens to the community; and WHEREAS, Mr. Cosentino has helped introduce many of the new technologies implemented in the organization that will continue to shape residents’ interaction with their City; and WHEREAS, We would also like to take this time to thank Domino’s Delivery and the makers of Soylant for supporting Mr. Cosentino during his development of the City’s soon-to-be launched community portal; and WHEREAS, Mr. Cosentino announced his departure to a private sector position where he will continue to give of his talents in technology and development in a new role within the field of higher education. APRIL 25, 2018 VOLUME LXXXIII 162 NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem to Aaron Cosentino for Mr. Cosentino’s outstanding service to the city and the community on the occasion of his departure and wish him luck in all his future endeavors. IN WITNESS THEREOF, I have hereunto set my hand this 25th day of April, 2018. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Ed Hanson, Vice President of Local Firefighters Union 439, thanked those that were involved in the recent event, “Fire Ops 101” that was hosted by the City of Elgin. Jim Keating asked for an update about the status of RV parking in the city. There was a brief discussion regarding where the review of the parking process was and what the next steps will be. Demetrius Smith addressed the council about the process of vehicle seizure and impoundment. He stated his concerns with the process and the costs to those involved. Randy Hopp stated his objections to the proposed conditional use for the library. Anthony Iannone, applicant for Petition 04-18, outlined his proposed business plan and the results he has seen in other locations. Cilia Gerena, PTO President, stated her support of the martial arts after school program. JOB ORDER CONTRACT AWARDED TO F. H. PASCHEN FOR ROOF REPLACEMENT ON THE SPRING ST. ROPE HOUSE AND THE TROUT PARK RESTROOM Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve the contract with F. H. Paschen in the amount of $74,827 for the roof replacement on the Spring St. ROPE house and the Trout Park restroom. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIII APRIL 25, 2018 163 PETITION 03-18 APPROVED FOR 811 E. CHICAGO STREET TO ESTABLISH CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES AT THE EXISTING 7-ELEVEN MOTOR VEHICLES SERVICE STATION CONVENIENCE STORE Marc Mylott, Community Development Director, provided an overview of Petition 03-18, which would establish a conditional use for an accessory package liquor sales at the existing 7-Eleven at this location. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. There was discussion regarding signage and the number of alcoholic liquor licenses in the area. Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve Petition 03-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 04-18 APPROVED FOR 1164 N. MCLEAN BOULEVARD TO ESTABLISH CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY AND OTHER SCHOOL AND EDUCATIONAL SERVICE FOR A MARTIAL ARTS SCHOOL WITH AN AFTER SCHOOL TUTORING PROGRAM Marc Mylott, Community Development Director, provided an overview of Petition 04-18, which would establish a conditional use for a martial arts school and after school tutoring program. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. Councilmember Dunne made a motion, seconded by Councilmember Gavin, to approve Petition 04-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Martinez. RESOLUTION 18-52 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 73 MUNICIPAL DIVISION, ELGIN PUBLIC WORKS CHAPTER Councilmember Powell made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Martinez abstained. APRIL 25, 2018 VOLUME LXXXIII 164 Resolution No. 18-52 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 73 MUNICIPAL DIVISION, ELGIN PUBLIC WORKS CHAPTER WHEREAS, representatives of the City of Elgin and representatives of the Service Employees International Union, Local 73 Municipal Division, Elgin Public Works Chapter have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and the Service Employees International Union Local 73 Municipal Division Elgin Public Works Chapter, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Adopted: April 25, 2018 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIII APRIL 25, 2018 165 ORDINANCE G21-18 PASSED AMENDING CHAPTER 6.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PEDDLERS AND SOLICITORS" TO ADD PROVISIONS RELATING TO ICE CREAM CARTS AND ICE CREAM TRUCKS Councilmember Powell 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. G21-18 AN ORDINANCE AMENDING CHAPTER 6.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PEDDLERS AND SOLICITORS" TO ADD PROVISIONS RELATING TO ICE CREAM CARTS AND ICE CREAM TRUCKS WHEREAS, Chapter 6.45 of the Elgin Municipal Code, 1976, as amended, provides for regulations relating to peddlers and solicitors; and WHEREAS, the City Council has determined that it is necessary and desirable to allow for the peddling of ice cream and other like frozen desserts from ice cream trucks and from ice cream carts; 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, the regulations relating to peddlers and solicitors, and regulations relating to the peddling of ice cream or other like frozen desserts from a motor vehicle while parked in a street or from an ice cream cart parked or located on sidewalk, path or trail, relate 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 Section 6.45.010 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions:" be and is hereby further amended by adding to the listing of definitions therein the additional definitions of "Ice Cream Cart" and "Ice Cream Truck" to read as follows: "ICE CREAM CART: A non-motorized, wheeled vehicle equipped or operated for the primary purpose of selling ice cream or other like frozen desserts from the vehicle while parked or located on a sidewalk, path or trail. ICE CREAM TRUCK: A motor vehicle equipped or operated for the primary purpose of selling ice cream or other like frozen desserts from the motor vehicle while parked on a street." APRIL 25, 2018 VOLUME LXXXIII 166 Section 2. That Section 6.45.050 of the Elgin Municipal Code, 1976, as amended, entitled "Permit Application:" be and is hereby further amended by amending subparagraph A, subsections 6 and 7 thereof, and by adding new subsections 8 and 9 thereto to read as follows: "6. A statement as to whether or not the sponsor, or any person to whom the permit will apply, has had a civil judgment based upon fraud, deceit or misrepresentation entered against him within the five (5) years immediately preceding the date of application; the nature of the judgment, the date and location of the judgment, and any other pertinent information as to the basis of such judgment; 7. Three (3) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing of the application. The photographs shall measure approximately three inches by five inches (3" x 5") and show the head, face and shoulders of the applicant in a clear and distinguishing manner; 8. Where the applicant wishes to sell ice cream or other like frozen desserts from an ice cream cart: a. a copy of the applicant's certificate of registration under the Retailers' Occupation Tax Act; b. a complete inventory of the goods the applicant intends to offer for sale; c. the number, description, and uniquely identifying number of all carts the applicant intends to use in the course of his business in the city; d. a list of all permits and licenses to conduct business as an ice cream cart vendor obtained by the applicant in the state of Illinois in the twelve (12) months preceding the date of filing of the application; e. Whether the applicant has held a permit or license issued by the city, state, or any other jurisdiction regulating the operation of ice cream carts revoked for cause, and, if so, list the date of revocation and jurisdiction; and f. Such information as deemed necessary by the chief of police to conduct a criminal history background check on the applicant, which check shall include the use of a multi-state or multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search) and a review of the national and state sex offenders registry databases; and 9. Where the applicant wishes to sell ice cream or other like frozen desserts from an ice cream truck: a. A valid driver’s license; VOLUME LXXXIII APRIL 25, 2018 167 b. a copy of the applicant's certificate of registration under the Retailers' Occupation Tax Act; c. a complete inventory of the goods the applicant intends to offer for sale; d. the number, description, and license plate numbers of any vehicles the applicant intends to use in the course of his business in the city; e. a list of all permits and licenses to conduct business as an ice cream truck vendor obtained by the applicant in the state of Illinois in the twelve (12) months preceding the date of filing of the application; f. Whether the applicant has held a permit or license issued by the city, state, or any other jurisdiction regulating the operation of ice cream trucks revoked for cause, and, if so, list the date of revocation and jurisdiction; g. A certified Driving Record Abstract from the Office of the Illinois Secretary of State Drivers Services Department; h. Such information as deemed necessary by the chief of police to conduct a criminal history background check on the applicant, which check shall include the use of a multi-state or multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search) and a review of the national and state sex offenders registry databases; and i. Evidence of insurance requirements under Section 6.45.180; and" Section 3. That Section 6.45.070 of the Elgin Municipal Code, 1976, as amended, entitled "Denial of Permit:" be and is hereby further amended by amending subparagraph A, subsections 7 and 8 thereof, and by adding a subsection 9 thereto to read as follows: "7. The proposed solicitation would unduly interfere with the orderly flow or traffic or would result in interference with the operation of official traffic control devices; 8. The application or proposed solicitation is not in compliance with the provisions of this chapter or other applicable requirements of law; or 9. Where the applicant wishes to sell ice cream or other like frozen desserts: a. The person is a sex offender as defined in the Sex Offender Registration Act (730 ILCS 150/1 et. seq., as amended); b. The person has plead guilty or otherwise has been convicted of any crime that would disqualify said person from holding a job as a public school teacher or bus driver within the State of Illinois; or APRIL 25, 2018 VOLUME LXXXIII 168 c. The person has plead guilty to or otherwise has been convicted of any crime or offense that is incompatible with the requirements of this chapter, including but not limited to: i. One serious or multiple minor traffic offenses that demonstrate a history of failing to adhere to applicable traffic regulations; ii. Crimes or offenses directed at children or minors; iii. Crimes or offenses involving the sale of unlawful or illicit substances such as illegal drugs, fireworks, or sale of age-regulated materials to underage persons; or iv. Such other crimes as the chief of police shall deem incompatible with this Chapter. d. When considering reasons to refuse to issue a permit under subsection b or c of this subsection 9, the fiscal services group director shall consider any evidence of rehabilitation and mitigating factors contained within the permit application to determine if the applicant would endanger the safety and welfare of customers or the general public." Section 4. That Section 6.45.080 of the Elgin Municipal Code, 1976, as amended, entitled "Permit Fee:" be and is hereby further amended by adding new subparagraphs C and D thereto to read as follows: "C. One hundred and fifty dollars ($150.00) for a mobile vendor food handling permit for each ice cream truck and seventy five dollars ($75.00) for a mobile vendor food handling permit for each ice cream cart that would operate within the City pursuant to section 6.45.180 of this chapter, except where the truck or cart has a valid mobile vending unit permit issued by Kane County. D. The cost of any background check required by this Chapter 6.45 shall be borne by the applicant and due at the time of application." Section 5. That Section 6.45.090 of the Elgin Municipal Code, 1976, as amended, entitled "Permit Expiration:" be and is hereby further amended to read as follows: "All permits issued under the provisions of this chapter shall expire ninety (90) days from the date of issuance, except for those permits issued for selling ice cream or other like frozen desserts which shall expire on December 31 of the year in which it was issued." Section 6. That Section 6.45.0160 of the Elgin Municipal Code, 1976, as amended, entitled "Food Sales:" be and is hereby further amended to read as follows: "Peddlers of food shall comply with the applicable regulations of chapter 9.08 of this code, as amended, relating to food dealers as therein defined. Notwithstanding these provisions, VOLUME LXXXIII APRIL 25, 2018 169 peddlers of ice cream and other like frozen desserts shall also comply with the provisions of section 6.45.180 of this chapter." Section 7. That Section 6.45.180 of the Elgin Municipal Code, 1976, as amended, entitled "Peddling from Moving Receptacle Prohibited:" be and is hereby further amended to read as follows: "It is unlawful to sell, barter, exchange or offer for sale, barter or exchange any tangible personal property upon or along the streets, highways or public places of the city or from house to house whether at one place thereon or from place to place, from any motor vehicle, wagon, truck, pushcart or other vehicle or from moving receptacles of any kind, except in the following instances: A. This prohibition shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items nor shall this prohibition include the solicitation of orders by sample where the goods are not delivered at the time the order is taken. B. This prohibition shall not include the sale of ice cream and other like frozen desserts from an ice cream cart, subject to the following: 1. Each person operating an ice cream cart, and each person selling or assisting with the sale of ice cream or other like frozen desserts from an ice cream cart, shall possess a peddler’s permit and properly display a peddler’s identification badge issued in accordance with the provisions of this chapter. 2. Notwithstanding other provisions of this Chapter 6.45, it is unlawful for any person who is a sex offender as defined in the Sex Offender Registration Act (730 ILCS 150/1 et. seq., as amended) to possess a peddler’s permit to sell ice cream or other like frozen desserts from an ice cream cart. 3. Each cart from which ice cream or other like frozen desserts are sold shall obtain and maintain a valid mobile vendor food handling permit from the neighborhood services department. Permits shall be prominently displayed upon the ice cream cart in such location as shall be visible to persons approaching the cart at all times. Copies of the same shall be provided to any City official or customer, for inspection, upon request. 4. Prior to the issuance of a mobile vendor food handling permit, the public health coordinator shall inspect each ice cream cart to ensure that said vehicle complies with each of the following items within this subsection. In addition, whenever located within the city of Elgin, an ice cream cart shall comply with each of the following items within this subsection. APRIL 25, 2018 VOLUME LXXXIII 170 a. An ice cream cart shall be in good mechanical condition and in compliance with all applicable regulations, codes, and ordinances. An ice cream cart shall be kept in a neat and clean condition; the exterior of an ice cream cart shall be free of excessive rust, excessive paint damage, excessive dents or scrapes, or other body damage. b. An ice cream cart shall provide a litter or trash container, visible and available to customers of said vehicle while it is parked and vending. The operator of the ice cream cart is responsible for cleaning up any litter or trash occurring as a result of the peddler’s business prior to leaving any area of sale. c. An ice cream cart shall include adequate equipment and refrigeration to keep all perishable ice cream or other like frozen desserts at a temperature of below zero (0) degrees Fahrenheit. 5. No retail sales shall be made from an ice cream cart from any street. All vending from an ice cream cart shall occur from a sidewalk or from a path or trail that is clearly distinguishable from a street. 6. No retail sales shall occur before nine o’clock (9:00) AM or after sunset on any day. 7. No ice cream cart shall be operated by any person who is afflicted with or who is the carrier of any infections or contagious disease which may be passed by vending or retail sales. 8. Retail sales shall neither occur on private property, nor shall an ice cream cart be operated on any private property, except with the express, written permission of the property owner. 9. Retail sales shall neither occur within a public parking lot, nor shall an ice cream cart be operated within a public parking lot, except in conjunction with a special event and with the express, written permission of the public entity owning the parking lot. 10. No retail sales shall be made from an ice cream cart within five hundred (500) feet of the property line of any elementary or secondary school when that school is in session and one (1) hour prior to the school session and one (1) hour after the school session. 11. No retail sales shall be made from an ice cream cart within five hundred (500) feet of a city sponsored or authorized event, city park, or open space where city sponsored or authorized food or drink concessions are available and open. VOLUME LXXXIII APRIL 25, 2018 171 12. No ice cream cart shall be operated and no retail sales shall be conducted along Sports Way or upon any portion of the Elgin Sports Complex. 13. No alcoholic beverages, tobacco products, or other products which are age- restricted under applicable federal, state or local law, shall be offered for retail sale from any ice cream cart. 14. No ice cream cart shall utilize any strobe or revolving light to attempt to solicit retail sales or advertise the presence of said ice cream cart. 15. When an ice cream cart is stopped for the purpose of making a sale, it shall not broadcast music or other sounds. 16. Any music, noise, or sound amplification used must be in compliance with all applicable local, state, and federal regulations and: a. must be at a volume that does not create a nuisance or public hazard; and b. must be at a volume such that the music or noise cannot be heard from more than three hundred (300) feet from the ice cream cart. 17. No person cart shall operate any camera or video camera while operating an ice cream cart in the city of Elgin. 18. The operator of an ice cream cart shall report and pay sales taxes, with such sales taxes being reported as originating within the City of Elgin, where required under applicable Illinois law. C. This prohibition shall not include the sale of ice cream and other like frozen desserts from an ice cream truck, subject to the following: 1. Each person driving or operating an ice cream truck, and each person selling or assisting with the sale of ice cream or other like frozen desserts from an ice cream truck, shall possess a peddler’s permit and properly display a peddler’s identification badge issued in accordance with the provisions of this chapter. 2. Notwithstanding other provisions of this Chapter 6.45, it is unlawful for the following persons to possess a peddler’s permit to sell ice cream or other like frozen desserts: a. Any person seventeen (17) years old or younger; or b. Any person who is a sex offender as defined in the Sex Offender Registration Act (730 ILCS 150/1 et. seq., as amended). APRIL 25, 2018 VOLUME LXXXIII 172 3. Each motor vehicle from which ice cream or other like frozen desserts are sold shall obtain and maintain a valid mobile vendor food handling permit from the neighborhood services department. Permits shall be prominently displayed upon the ice cream truck in the lower right hand corner of the passenger front window of said vehicle, or in such other location as shall be visible to persons approaching such vehicle, at all times. Copies of the same shall be provided to any City official or customer, for inspection, upon request. 4. Prior to the issuance of a mobile vendor food handling permit, the public health coordinator shall inspect each ice cream truck to ensure that said vehicle complies with each of the following items within this subsection. In addition, whenever located within the city of Elgin, an ice cream truck shall comply with each of the following items within this subsection. a. An ice cream truck shall be in good mechanical condition and in compliance with all applicable regulations, codes, and ordinances. An ice cream truck shall be kept in a neat and clean condition; the interior shall be clean and free of foreign material or substance; and the windows shall be clean, clear, and free from cracks. The exterior of an ice cream truck shall be free of excessive rust, excessive paint damage, excessive dents or scrapes, or other body damage. b. An ice cream truck shall provide a litter or trash container, visible and available to customers of said vehicle while it is parked and vending. The operator of the ice cream truck is responsible for cleaning up any litter or trash occurring as a result of the peddler’s business prior to leaving any area of sale. c. An ice cream truck shall include adequate equipment and refrigeration to keep all perishable ice cream or other like frozen desserts at a temperature of below zero (0) degrees Fahrenheit. The use of ice or dry ice for refrigeration is prohibited. d. All ice cream trucks shall be equipped or outfitted with the following items: i. A sign on the front and back of the vehicle which shall consist of reflective letters no less than five inches in height and which shall state “CAUTION, CHILDREN CROSSING.” ii. Two amber lights, each five inches or greater in diameter mounted on the left and right front, and two amber lights, each five inches or greater in diameter mounted on the left and right rear of the vehicle. Said amber lights shall flash and be sufficiently bright to be visible from a distance of 500 VOLUME LXXXIII APRIL 25, 2018 173 feet during daylight conditions, whenever the vehicle is stopped for the purpose of vending. iii. A convex mirror mounted on the front so the driver in his or her normal seating position can see the area in front of the truck obscured by the hood. iv. An outside passenger side mirror that provides the driver with visibility to the right side and to the rear of the vehicle. v. A sign on the passenger side of the vehicle displaying in letters no smaller than five inches in height in a clearly visible color, the name and phone number of the company or person responsible for the operation of the ice cream truck. e. Applicant for or operator of an ice cream truck shall maintain the following insurance requirements: i. Automobile liability insurance for all owned, leased, hired, and non-owned vehicles with a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage; and ii. General liability insurance with limits not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage with a general aggregate limit of not less than two million dollars ($2,000,000). f. Any insurance required by this section shall be written by, and secured from, companies approved to do business and issue insurance in the State of Illinois and must be rated "A-" or better, in accordance with the latest edition of Best's Insurance Guide, published by A.M. Best Company, Inc. or its equivalent. g. The City of Elgin must be given at least thirty (30) days of notice of the cancellation of any insurance policy required under this section. Cancellation or expiration of an insurance policy required under this section shall automatically revoke all permits or licenses granted to the permit or license holder, by the City, under the terms of this section. 5. Whenever an ice cream truck stops to make a retail sale, said vehicle shall drive to the right side of the road and park adjacent to the curb, in a location that is otherwise a legal parking spot. No vending shall occur in no parking zones, or in any location that blocks any fire hydrant, driveway, sidewalk, roadway, or right of way. No retail sale shall occur to any person who is standing in a public roadway. APRIL 25, 2018 VOLUME LXXXIII 174 6. All vending shall occur from the right, or passenger side of the ice cream truck, through a door or window designed for the same, with the vehicle stationary and in park, with the parking brake applied. 7. No person shall occupy the driver’s seat of the ice cream truck at any time the vehicle is engaged in retail sales. 8. Double-parking an ice cream truck at any time is prohibited. 9. The driver of an ice cream truck shall not back said vehicle to make or attempt a sale. 10. No retail sales shall occur before nine o’clock (9:00) AM or after sunset on any day. 11. No ice cream truck shall be operated by any person who is afflicted with or who is the carrier of any infections or contagious disease which may be passed by vending or retail sales. 12. No ice cream truck shall vend directly to another vehicle. Vending shall be to pedestrians only. 13. No retail sales shall be made from an ice cream truck within one hundred (100) feet of an intersection of a public street. 14. Retail sales shall neither occur on private property, nor shall an ice cream truck be operated on any private property, except with the express, written permission of the property owner. 15. Retail sales shall neither occur within a public parking lot, nor shall an ice cream truck be operated within a public parking lot, except in conjunction with a special event and with the express, written permission of the public entity owning the parking lot. 16. No retail sales shall be made from an ice cream truck within five hundred (500) feet of the property line of any elementary or secondary school when that school is in session and one (1) hour prior to the school session and one (1) hour after the school session. 17. No retail sales shall be made from an ice cream truck within five hundred (500) feet of a city sponsored or authorized event, city park, or open space where city sponsored or authorized food or drink concessions are available and open. 18. No ice cream truck shall be operated and no retail sales shall be conducted along Sports Way or upon any portion of the Elgin Sports Complex. VOLUME LXXXIII APRIL 25, 2018 175 19. No alcoholic beverages, tobacco products, or other products which are age- restricted under applicable federal, state or local law, shall be offered for retail sale from any ice cream truck. 20. No ice cream truck shall be utilized for retail sales or to solicit retail sales on any street with a speed limit in excess of 30 mph or on a street with three (3) or more lanes for traffic. 21. No ice cream truck which is attempting to solicit retail sales shall be operated at a speed in excess of the lesser of 15 mph or such speed which is safe in response to the conditions and traffic encountered. 22. No ice cream truck shall utilize any strobe or revolving light to attempt to solicit retail sales or advertise the presence of said ice cream truck. 23. When an ice cream truck is stopped upon a street for the purpose of making a sale, it shall not broadcast music or other sounds. 24. Any music, noise, or sound amplification used must be in compliance with all applicable local, state, and federal regulations and: a. must be at a volume that does not create a nuisance or public hazard; and b. must be at a volume such that the music or noise cannot be heard from more than three hundred (300) feet from the ice cream truck. 25. No person shall operate any camera or video camera while operating an ice cream truck in the city of Elgin, except that a single, rear-mounted video camera may be utilized for reversing operations, provided that no recording is made from said camera. 26. The operator of an ice cream truck shall report and pay sales taxes, with such sales taxes being reported as originating within the City of Elgin, where required under applicable Illinois law." Section 8. That Section 6.45.190 of the Elgin Municipal Code, 1976, as amended, entitled "Permit Revocation:" be and is hereby further amended by amending subparagraphs D and E thereto, and by adding a new subparagraph F thereto, to read as follows: "D. Conviction for any crime involving moral turpitude; E. Conducting peddling or soliciting activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public; or APRIL 25, 2018 VOLUME LXXXIII 176 F. In the case of persons who sell ice cream or other like frozen desserts, violating the terms of any provision of this Chapter, of the Illinois Vehicle Code, or of applicable local, state, or federal food and sanitation ordinances." Section 9. That Chapter 11.24 of the Elgin Municipal Code, 1976, as amended, entitled "Driving on Right Side of Roadway; Overtaking and Passing:" be and is hereby further amended by adding a new section 11.24.050 thereto, entitled "Approach to Food or Beverage Vending Vehicle:" to read as follows: "11.24.050: APPROACH TO FOOD OR BEVERAGE VENDING VEHICLE: Any person operating any motor vehicle, upon approaching a food or beverage vending vehicle which is stopped or parked within the City with its amber lights flashing as described within Chapter 6.45 of this title, shall reduce the speed of his or her vehicle to a speed which is safe for the conditions and the presence of any pedestrian traffic, not in excess of 15 mph, while within 300’ of said food or beverage vending vehicle. If there appear to be pedestrians engaging in retail sales at such food or beverage vending vehicle, each vehicle approaching shall proceed past said food or beverage vending vehicle with due caution for all pedestrian, bicycle, and foot traffic." Section 10. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 11. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Passed: April 25, 2018 Vote: Yeas: 9 Nays: 0 Recorded: April 25, 2018 Published: April 27, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIII APRIL 25, 2018 177 ORDINANCE G22-18 PASSED AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G88-01 (270 NORTH GROVE AVENUE) Councilmember Dunne made a motion, seconded by Councilmember Gavin, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Shaw, and Mayor Kaptain. Nays: None. Councilmembers Martinez, Powell, Rauschenberger, and Steffen abstained. Ordinance No. G22-18 AN ORDINANCE AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G88-01 (270 North Grove Avenue) WHEREAS, the territory herein described has been classified in the PCF Planned Community Facility District and is subject to the requirements of Ordinance No. G88-01; and WHEREAS, written application has been made to amend PCF Planned Community Facility District Ordinance No. G88-01 to allow “Commercial Banks (602)”, “Savings Institutions (603)”, and “Credit Unions (606)” as permitted uses in the PCF Planned Community Facility District established by Ordinance No. G88-01; and WHEREAS, the zoning lot with the building containing the premises at 270 North Grove Avenue is legally described in Ordinance No. G88-01 (the “Subject Property”); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 5, 2018 following due notice including 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 Department 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 and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PCF Planned Community Facility District pertains to the government and affairs of the city. APRIL 25, 2018 VOLUME LXXXIII 178 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 5, 2018, 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 Section 3 F. of Ordinance No. G88-01, which regulates “Land Use” in the PCF Planned Community Facility District of the Subject Property, is hereby amended to include the following additional land uses as permitted uses within this PCF zoning district: Financial Institutions “Commercial Banks (602)” “Savings Institutions (603)” “Credit Unions (606)” Section 3. That Section 3 G. of Ordinance No. G88-01, which regulates “Site Design” in the PCF Planned Community Facility District of the Subject Property, is hereby amended to include the following additional conditions within this PCF zoning district: In this PCF Planned Community Facility District, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Development Application and supporting documents submitted by Gail Borden Public Library, as applicant and property owner, including the following materials: a. Statement of Purpose and Conformance letter, prepared by Nathan Van Zuidam, Engberg Anderson Architects, dated January 31, 2018, received February 20, 2018; b. Undated Floor Plan for KCT Credit Union @ Gail Borden; prepared by Engberg Anderson Architects, received February 2, 2018; and c. Undated 1 First Floor Plan, received February 2, 2018. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. The total floor area attributed to “Commercial Banks (602)”, “Savings Institutions (603)”, and “Credit Unions (606)” shall not exceed five hundred (500) square feet. 3. Compliance with all applicable codes and ordinances. Section 4. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G88-01. In the event of any conflict between this ordinance and Ordinance No. G88-01, this ordinance and associated documents shall control and prevail. VOLUME LXXXIII APRIL 25, 2018 179 Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Passed: April 25, 2018 Vote: Yeas: 5 Nays: 0 Abstain: 4 Recorded: April 25, 2018 Published: April 27, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass Ordinance No. T15-18 and adopt Resolution Nos. 18-45 through 18-51 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 18-45 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH INTEGRITY SCHOOL OF DANCE, INC. FOR DANCE INSTRUCTION Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 18-45 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH INTEGRITY SCHOOL OF DANCE, INC. FOR DANCE INSTRUCTION BE IT 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 service agreement on behalf of the City of Elgin with the APRIL 25, 2018 VOLUME LXXXIII 180 Integrity School of Dance, Inc. to provide dance instruction at The Centre from July 1, 2018 through June 30, 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Adopted: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 18-46 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH MIDWEST ACADEMY OF TAEKWON-DO, INC. FOR MARTIAL ARTS CLASSES Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 18-46 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH MIDWEST ACADEMY OF TAEKWON-DO, INC. FOR MARTIAL ARTS CLASSES BE IT 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 Service Agreement on behalf of the City of Elgin with Midwest Academy of TaeKwon-Do, Inc. for martial arts classes at The Centre from July 1, 2018 through June 30, 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIII APRIL 25, 2018 181 Presented: April 25, 2018 Adopted: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 18-47 ADOPTED AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY REGARDING THE PURCHASE OF A NEW LIME FEEDER AND CONTROLLER AT THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 18-47 RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY REGARDING THE PURCHASE OF A NEW LIME FEEDER AND CONTROLLER AT THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT 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 Smith Ecological Systems Company regarding the purchase of a new lime feeder and controller at the Leo Nelson Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor APRIL 25, 2018 VOLUME LXXXIII 182 Presented: April 25, 2018 Adopted: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 18-48 ADOPTED AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH ELGIN SHEET METAL CO. REGARDING THE INSTALLATION OF A NEW LIME TROUGH SYSTEM AT THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 18-48 RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH ELGIN SHEET METAL CO. REGARDING THE INSTALLATION OF A NEW LIME TROUGH SYSTEM AT THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT 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 Elgin Sheet Metal Co. regarding the installation of a new lime trough system at the Leo Nelson Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIII APRIL 25, 2018 183 Presented: April 25, 2018 Adopted: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 18-49 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH KLM ENGINEERING, INC. IN CONNECTION WITH THE REHABILITATION OF THE ALFT LANE ELEVATED WATER TOWER PAINTING PROJECT Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 18-49 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KLM ENGINEERING, INC. IN CONNECTION WITH THE REHABILITATION OF THE ALFT LANE ELEVATED WATER TOWER PAINTING PROJECT BE IT 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 an agreement on behalf of the City of Elgin with KLM Engineering, Inc., in connection with the rehabilitation of the Alft Lane Elevated Water Tower Painting Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Adopted: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk APRIL 25, 2018 VOLUME LXXXIII 184 RESOLUTION 18-50 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. 18-50 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT BE IT 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 grant agreement with the Fox River Study Group for continued support of the Fox River Watershed Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Adopted: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 18-51 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARLSON BROTHERS, INC. REGARDING THE IMPACT FEE IMPROVEMENTS IN CONNECTION WITH THE WATERMARK AT THE GROVE IMPACT FEE AGREEMENTS Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. VOLUME LXXXIII APRIL 25, 2018 185 Resolution No. 18-51 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARLSON BROTHERS, INC. REGARDING THE IMPACT FEE IMPROVEMENTS IN CONNECTION WITH THE WATERMARK AT THE GROVE IMPACT FEE AGREEMENTS 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 an agreement on behalf of the City of Elgin with Carlson Brothers, Inc. regarding the impact fee improvements in connection with the Watermark at the Grove Impact Fee Agreements, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Adopted: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T15-18 PASSED AMENDING THE 2017 BUDGET Councilmember Powell made a motion, seconded by Councilmember Dunne, 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. T15-18 AN ORDINANCE AMENDING THE 2017 BUDGET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: APRIL 25, 2018 VOLUME LXXXIII 186 Section 1. That the 2017 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference. Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Passed: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: April 25, 2018 Published: April 27, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, March 12, 2018 Foreign Fire Insurance Tax Board, January 8, 2018 Board of Health, January 8, 2018 Liquor Control Commission, March 7, 2018 Parks and Recreation Board, January 30, 2018 Sustainability Commission January, February, March 2018 Committee of the Whole Minutes for March 21, 2018 City Council Minutes for March 21, 2018 Sales Tax Telecommunications Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXXIII APRIL 25, 2018 187 ADJOURNMENT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:35 p.m. s/ Kimberly Dewis May 9, 2018 Kimberly Dewis, City Clerk Date Approved