COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING

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1 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 23, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:40 p.m. The Invocation was given by Torrance Clark from the Elgin Community Church and the Pledge of Allegiance was led by Councilmember Tish Powell. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE APRIL 9, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve the April 9, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Myra Becker Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Myra Becker has been selected to receive a Lifetime Achievement Award by the YWCA Board of Directors for contributing her professional skills and volunteer expertise to Elgin and to Illinois for 60 years or more; and WHEREAS, On April 4 th, Myra celebrated her 90 th birthday; and WHEREAS, In 1965, Myra and her husband, Mort, came to Elgin where they raised three children and where Myra worked as a speech therapist for many years; and 162

2 APRIL 23, 2014 WHEREAS, Myra has played a significant role most of her life in the League of Women Voters, serving on the board and as president, and working on issues such as mental health, fair housing legislation, education and voter registration; and WHEREAS, Myra has served for many years on the boards of the Larkin Center, the YWCA and the Office of Economic Opportunity; and WHEREAS, In all her service, Myra s intelligence and dedication to improving the quality of life for everyone have inspired and greatly benefited this community. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby congratulate Myra Becker on her 90th birthday and on receiving the YWCA Lifetime Achievement Award. IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd Day of April, David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Christina Aagesen addressed the Council about changing the Elgin Municipal Code to allow for chickens to be raised in backyards. She stated she had addressed the Sustainability Commission on the topic and wanted to know what the next steps would be to allow for this change occur. City Manager Stegall provided a timeline and details regarding the next steps in the process. BID AWARDED TO THOMPSON ELEVATOR INSPECTION SERVICE, INC. FOR CONTRACTUAL ELEVATOR INSPECTION SERVICES Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract to Thompson Elevator Inspection Service, Inc. in the amount of $35,000 to inspect new elevators within existing and new buildings, provide required semi annual inspections of existing elevators, and conduct plan reviews of elevator shop drawings. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID AWARDED TO KELLENBERGER ELECTRIC, INC. FOR THE REPLACEMENT OF THE LIGHTING CONTROL SYSTEM AT POLICE FACILITY Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve a contract with Kellenberger Electric, Inc. in the amount of $100,900 to replace the failing lighting control system in the Police Facility. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 163

3 BID AWARDED TO AIR SUPPLY AIR CONDITIONING AND HEATING, INC. FOR A CO-RAY-VAC HEATING SYSTEM FOR PUBLIC WORKS GARAGE Councilmember Powell made a motion, seconded by Councilmember Steffen, to award a contract to Air Supply Air Conditioning and Heating, Inc. in the amount of $175,000 for the installation of a new Co-Ray-Vac heating system in the Public Works garage area. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID AWARDED TO MR. DAVID S FLOORING INTERNATIONAL, LTD. FOR THE REPLACEMENT OF CARPETING IN VARIOUS LOCATIONS Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Mr. David s Flooring International, Ltd. in the amount of $122,551 for the replacement of carpeting in various city-owned buildings. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEDERAL GENERAL SERVICES ADMINISTRATION CONTRACT APPROVED FOR THE PURCHASE OF KRONOS TELESTAFF SOFTWARE Councilmember Dunne and Councilmember Gavin commented on the ease of use of this product and how it could impact operations with potential reallocation of resources. Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve a Federal General Services Administration Contract in the amount of $83,627 for the purchase of the Kronos Telestaff software to streamline the Police Department s scheduling and timesheet process. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION APPROVED REQUESTING A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT TO PERMIT A PACKAGE LIQUOR SALES ESTABLISHMENT; PROPERTY LOCATED AT 1817 LARKIN AVENUE; BY LARKIN S DISCOUNT LIQUOR, LLC AS APPLICANT AND LARKIN SQUARE LLC AS OWNER Marc Mylott, Community Development Director, provided an overview of the petition noting that staff and the Planning and Zoning Commission are recommending approval subject to the conditions outlined. Councilmember Powell made a motion, seconded by Councilmember Gavin, to approve Petition subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 164

4 APRIL 23, 2014 RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A MASTER SERVICES AND SUBSCRIPTION AGREEMENT WITH CHARGEPOINT, INC. FOR SUBSCRIPTION TO NETWORK SERVICES AND SOFTWARE IN CONNECTION WITH ELECTRIC VEHICLE CHARGING STATION Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge. Resolution No RESOLUTION AUTHORIZING EXECUTION OF A MASTER SERVICES AND SUBSCRIPTION AGREEMENT WITH CHARGEPOINT, INC. FOR SUBSCRIPTION TO NETWORK SERVICES AND SOFTWARE IN CONNECTION WITH ELECTRIC VEHICLE CHARGING STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Chargepoint, Inc. for subscription to network services and software in connection with electric vehicle charging station, a copy of which is attached hereto and made a part hereof by reference. Adopted: April 23, 2014 Vote: Yeas: 6 Nays: 2 RESOLUTION ADOPTED APPROVING RIVERBOAT FUND GRANT RECIPIENTS Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. 165

5 RESOLUTION APPROVING RIVERBOAT FUND GRANT RECIPIENTS Resolution No WHEREAS, the Riverboat Fund Grant Program was established to provide financial assistance and support regarding operating costs for local not-for-profit organizations; and WHEREAS, twenty-six grant applications were submitted for consideration in 2014 under the Riverboat Fund Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the Riverboat Fund Grant Program to the following organizations: Organization Program Amount Boys and Girls Club General Programs $ 84,000 Food for Greater Elgin Food 18,000 Salvation Army Golden Diners Senior Meals 18,000 Ecker Center Mental Health 17,500 Centro de Informacion Hispanic Outreach 18,000 United Way of Elgin-Dolly Parton Imagination Library Preschool Literacy 6,000 Well Child Center Adolescent dental care 9,000 Literacy Connection Adult literacy and job training 11,500 Greater Elgin Family Care Adult dentistry Center 11,500 YWCA Preschool ESL 6,500 TOTAL $200,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. 166

6 APRIL 23, 2014 BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. Adopted: April 23, 2014 Vote: Yeas: 7 Nays: 1 ORDINANCE G24-14 PASSED AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" There was discussion regarding the reasons for electronic attendance, how it would be implemented, what technologies would be used, and when the change would become effective. Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin, Prigge, and Shaw. Ordinance No. G24-14 AN ORDINANCE AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED CITY COUNCIL WHEREAS, section 7 of the Illinois Open Meetings Act (5 ILCS 120/7) permits officials of units of local government to attend meetings through electronic means in limited circumstances; and WHEREAS, the corporate authorities of the City of Elgin desire to permit attendance of members of the city council at meetings by means other than physical presence in compliance with the Open Meetings Act; and WHEREAS, to permit attendance by a means other than physical presence, the City of Elgin must adopt rules that conform to the requirements and restrictions of the Open Meetings Act; and 167

7 WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, and the power to abate public nuisances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.08 of the Elgin Municipal Code, 1976, as amended, entitled City Council, be and is hereby amended by adding a new Section thereto, entitled Electronic Attendance at Meetings, to read as follows: ELECTRONIC ATTENDANCE AT MEETINGS: A. Any member of the city council may attend any open or closed meeting of the city council via electronic means (such as by telephone, video or internet connection) provided that a quorum of the city council is physically present throughout such meeting and such attendance is in compliance with the provisions of this chapter and any applicable laws. B. A member of the city council may attend a meeting electronically if the member meets the following conditions: 1. The member shall notify the city clerk at least twenty-four (24) hours before the meeting, unless impractical, so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for remote attendance. 2. The member must assert one of the following three reasons why he or she is unable to physically attend the meeting, a. The member cannot attend because of personal illness or disability; or b. The member cannot attend because of employment purposes or the business of the city; or c. The member cannot attend because of a family or other emergency. C. The city clerk, after receiving the electronic attendance request, shall inform the city council of the request for electronic attendance. D. After a roll call establishing that there is a quorum physically present at a meeting where a member of the city council desires to attend electronically, 168

8 APRIL 23, 2014 the presiding officer shall state that (i) a notice was received by a member of the city council in accordance with this section, including the reason for the member s absence, and (ii) the member will be deemed authorized to attend the meeting electronically unless a motion objecting to the member s electronic attendance is made, seconded, and approved by two-thirds of the members of the city council physically present at the meeting. If no such motion is made and seconded or if any such motion fails to achieve the required vote by the members of the city council physically present at the meeting, then the request by the member to attend the meeting electronically shall be deemed approved by the city council and the presiding officer shall declare the requesting member present. After such declaration by the presiding officer, the question of a member s electronic attendance may not be reconsidered. E. The member participating electronically and other members of the city council must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the city council shall provide equipment adequate to accomplish this objective at the meeting site. F. Any member attending electronically shall be considered an off-site attendee and counted as present electronically for that meeting if the member is allowed to attend. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means. G. A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his or her vote counted and recorded by the city clerk and placed in the minutes for the corresponding meeting. A member attending electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce his or her leaving and returning. H. No more than two (2) members may attend a city council meeting by electronic means. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. 169

9 Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Passed: April 23, 2014 Vote: Yeas: 5 Nays: 3 Recorded: April 23, 2014 Published: April 25, 2014 ORDINANCE G25-14 PASSED AMENDING CHAPTER 6.03 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LICENSES AND PERMITS" There was discussion regarding implementation of the ordinance including consideration of payment plans and notifications. Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G25-14 AN ORDINANCE AMENDING CHAPTER 6.03 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LICENSES AND PERMITS" WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, licensing and the collection of monies lawfully due and owing the City of Elgin are matters which pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 170

10 APRIL 23, 2014 Section 1. That Chapter 6.03 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses and Permits" be and is hereby further amended by adding a new Section thereto entitled "Indebtedness To City" to read as follows: " : INDEBTEDNESS TO CITY: No license required by this code shall be issued or renewed to any person who is indebted to the city for any fine, penalty, fee or charge due the city unless and until the indebtedness for the fine, penalty, fee or charge due the city has been paid." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Passed: April 23, 2014 Vote: Yeas: 8 Nays: 0 Recorded: April 23, 2014 Published: April 25, 2014 ORDINANCE S2-14 PASSED AUTHORIZING THE ISSUANCE AND SALE BY THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, OF NOT TO EXCEED $7,295,000 REVENUE REFUNDING BOND, JUDSON UNIVERSITY, SERIES 2014, FOR THE BENEFIT OF JUDSON UNIVERSITY, A BAPTIST INSTITUTION AND CONFIRMING THE SALE THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND AND LOAN AGREEMENT, A TAX EXEMPTION CERTIFICATE AND AGREEMENT AND RELATED DOCUMENTS; AND AUTHORIZING CERTAIN RELATED MATTERS Councilmember Powell made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Prigge abstained. 171

11 ORDINANCE S2-14 IS ON FILE IN THE CITY CLERK S OFFICE. CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. T24-13 and G21-14 through G23-14 and adopt Resolution Nos through by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS WITHIN THE SAM'S CLUB SITE (LOTS 3, 4, 5, 9 AND SOUTH RANDALL ROAD) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS WITHIN THE SAM'S CLUB SITE (Lots 3, 4, 5, 9 and South Randall Road) Resolution No BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the following public improvements within the Sam's Club Site, Lots 3, 4, 5, 9 and South Randall Road: sanitary sewer and water main which will add approximately 46 lineal feet of 6-inch water main; 1,099 lineal feet of 8-inch water main; 4 8-inch valves in 4-foot vaults; 5 fire hydrants; 251 lineal feet of 8-inch sanitary sewer; 2 sanitary manholes and all their respective appurtenances to the city-maintained facilities. Adopted: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 172

12 APRIL 23, 2014 RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A CODERED SERVICES AGREEMENT WITH EMERGENCY COMMUNICATIONS NETWORK, LLC FOR CODERED EMERGENCY NOTIFICATION SYSTEM Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No RESOLUTION AUTHORIZING EXECUTION OF A CODERED SERVICES AGREEMENT WITH EMERGENCY COMMUNICATIONS NETWORK, LLC FOR CODERED EMERGENCY NOTIFICATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a services agreement on behalf of the City of Elgin with Emergency Communications Network, LLC for the CodeRED Emergency Notification System, a copy of which is attached hereto and made a part hereof by reference. Adopted: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 173

13 RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TANK INDUSTRY CONSULTANTS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE REHABILITATION OF THE AIRLITE ELEVATED WATER TANK 2014 PROJECT Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TANK INDUSTRY CONSULTANTS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE REHABILITATION OF THE AIRLITE ELEVATED WATER TANK 2014 PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Tank Industry Consultants, Inc. for engineering services in connection with the Rehabilitation of the Airlite Elevated Water Tank 2014 Project, a copy of which is attached hereto and made a part hereof by reference. Adopted: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 ORDINANCE T24-14 PASSED AMENDING THE 2013 BUDGET Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 174

14 APRIL 23, 2014 Ordinance No. T24-14 AN ORDINANCE AMENDING THE 2013 BUDGET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2013 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. passage. That this ordinance shall be in full force and effect from and after its Passed: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 23, 2014 Published: April 25, 2014 ORDINANCE G21-14 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 Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 175

15 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 Ordinance No. G21-14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraph D thereof to read as follows: "D. The number of class B licenses shall not exceed twenty-two (22) in number." Section 2. That all ordinances or parts of ordinances 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. Passed: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 23, 2014 Published: April 25,

16 APRIL 23, 2014 RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (HIGHLAND WOODS SUBDIVISION, NEIGHBORHOODS "I" AND "J") Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (Highland Woods Subdivision, Neighborhoods I and J ) WHEREAS, the Owner of certain property commonly known as the Highland Woods Subdivision, Neighborhoods I and J, Elgin, Illinois has proposed that the annexation agreement between the Owner and the City of Elgin be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to Annexation Agreement with Pingree LLC, is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to Annexation Agreement with Pingree LLC, a copy of which is attached hereto. Adopted: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 177

17 ORDINANCE G22-14 PASSED AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G17-04 (HIGHLAND WOODS SUBDIVISION NEIGHBORHOOD "I"-899 AND 900 COOMBS ROAD) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G22-14 AN ORDINANCE AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G17-04 (Highland Woods Subdivision Neighborhood I 899 and 900 Coombs Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and originally classified in the PMFR Planned Multiple Family Residence District under Ordinance No. G17-04; and WHEREAS, written application has been made to amend PMFR Planned Multiple Family Residence District Ordinance No. G17-04 to permit additional townhome models to be constructed within Highland Woods Subdivision Neighborhood I ; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 20, 2006, made by the Planning & Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G17-04 entitled An Ordinance Classifying Newly Annexed Territory in the PMFR Planned Multiple Family Residence District (Highland Woods Subdivision and Foy Property 899 Coombs Road), passed February 25, 2004, be and is hereby amended only as set forth in this ordinance by amending Section G, entitled Site Design through the addition of Subparagraph q to read as follows: q. Twenty-four (24) additional townhome units in the form of four six-unit buildings will be permitted for construction for a total of 176 townhome 178

18 APRIL 23, 2014 units contained within 33 buildings within Neighborhood I of the subdivision. And subject to the following conditions: 1. Substantial conformance to the information contained in the Petitioner s Statement of Purpose and Conformance. 2. Substantial conformance to the following exhibits prepared by Cemcon, Ltd: a. Approved Preliminary Subdivision Plat for Highland Woods, Plato Township, Kane County, Illinois, dated April 24, 2006 b. Proposed Preliminary Subdivision Plat for Highland Woods dated April 15, 2006, and last revised on November 16, Substantial conformance to the existing configuration plan for Neighborhood I entitled Parcel I Conceptual Site Plan for Highland Woods, prepared by MRA, Inc., and dated December 4, Compliance with all applicable codes and ordinances. Section 3. That except as amended herein; the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2 and the allowances and departures described and provided thereon, and Ordinance No G17-04, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Passed: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 23, 2014 Published: April 25,

19 RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (HIGHLAND WOODS SUBDIVISION, NEIGHBORHOOD "F") Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (Highland Woods Subdivision, Neighborhood F ) WHEREAS, the Owner of certain property commonly known as the Highland Woods Subdivision, Neighborhood F, Elgin, Illinois has proposed that the annexation agreement between the Owner and the City of Elgin be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Second Amendment to Annexation Agreement with Pingree LLC, is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Second Amendment to Annexation Agreement with Pingree LLC, a copy of which is attached hereto. Adopted: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 180

20 APRIL 23, 2014 ORDINANCE G23-14 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G16-04 (HIGHLAND WOODS SUBDIVISION NEIGHBORHOOD "F"-899 AND 900 COOMBS ROAD) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G23-14 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G16-04 (Highland Woods Subdivision Neighborhood F 899 and 900 Coombs Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and originally classified in the PSFR2 Planned Single Family Residence District under Ordinance No. G16-04; and WHEREAS, written application has been made to amend PSFR2 Planned Single Family Residence District Ordinance No. G16-04 to permit additional single-family models constructed with side-entry garages with driveways crossing in front of the main entrance to the residence and street-facing forward-oriented garages on certain lots within Highland Woods Subdivision Neighborhood F ; and WHEREAS, the City Council of the City of Elgin, Illinois, adopted a Comprehensive Plan and Design Guidelines on February 9, 2005 through ordinance G18-05; and WHEREAS, the adopted comprehensive plan includes design guidelines that provide that new single family homes in planned residential development with side-entry garages designed and oriented with driveway access crossing in front of the main entry to the residence be limited only on lots exceeding 20,000 square feet in area, and set back a minimum 40 feet from the street lot lines; and WHEREAS, adopted comprehensive plan includes design guidelines that provide that new single family homes in planned residential development be constructed with street-facing garages that are designed and oriented to be recessed behind the main residential façade; and WHEREAS, the new single-family models will be constructed with side-entry garages designed and oriented with driveway access crossing in front of the main entry to the residence and on lots less than 20,000 square feet in area, and set back 25 feet from the street lot lines, and street-facing garages that will be designed and oriented to be in front of the main residential façade which would be a departure from the design guidelines of the comprehensive plan; and 181

21 WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted public hearings concerning said applications and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated February 3, 2014, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G16-04 entitled An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District (Highland Woods Subdivision and Foy Property 899 and 900 Coombs Road), passed February 25, 2004, be and is hereby amended only as set forth in this ordinance by amending Section G.12, entitled Supplementary Regulations through the addition of Subparagraph q to read as follows: q. New home models with the following garage orientation shall be allowed to be constructed on Lots and lots of Neighborhood F of Highland Woods Subdivision: i. Side entry garages designed and oriented with driveway access crossing in front of the main entry to the residence ii. The street-facing garages on homes shall be allowed to extend in front of the main residential façade for a distance no greater than six (6) feet. And subject to the following conditions: 1. Substantial conformance with the Petitioner s Application, Statement of Purpose, Consent and Disclosure, and attachments dated January 16, Substantial conformance to the exhibits provided under the cover letter prepared by Brian M. Brunhofer, President/Owner of Meritus Homes dated December 5, 2013, for each model proposed as follows: a. Plan 2610 Marquis (Ranch) prepared September 9, 2010, and last revised and submitted on February 2, 2014, depicting Revised Partial Floor Plans A, B and C, and Elevations A, B and C b. Plan 2828 Kingston (Ranch) prepared September 9, 2010, and last revised and submitted on February 2, 2014, and depicting Partial Floor Plans, Elevation A Floor Plan, Partial Floor Plans A, B and C, and Elevations A, B and C c. Plan 3271 Cavanaugh (Master Down) prepared September 9, 2010, and depicting the Main Floor Plan, Upper Floor Plan and Elevations A, B, C and D 182

22 APRIL 23, 2014 d. Plan 3445 Banfield (2-story) prepared September 9, 2010, and depicting the Main Floor Plan, Upper Floor Plan and Elevations A, B, C, D, E and F e. Plan 3716 Dunberry (2-story) prepared September 9, 2010, and depicting the Main Floor Plan, Upper Floor Plan and Elevations A, B, B (full brick option), C, D, D1, E, E (full brick option), F, F (full brick option), G and H f. Plan 3980 Edinborough (2-story) prepared September 9, 2010, and depicting the Main Floor Plan, Upper Floor Plan and Elevations A, B, C, D, and D (with Full Masonry) 3. Substantial conformance to the Final Plat of Subdivision for Highland Woods Subdivision Neighborhood F recorded on November 1, The departure shall be restricted to the 22 vacant lots located within Highland Woods Neighborhood F, specifically Lots and lots Compliance with all applicable codes and ordinances. Section 3. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2 and the allowances and departures described and provided thereon, and Ordinance No G16-04, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Passed: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 23, 2014 Published: April 25,

23 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw asked for a status regarding the Cultural Arts Commission s efforts to obtain sculptures for the Riverwalk. Councilmember Powell noted the efforts and progress being made to have various artworks on throughout the Riverwalk. Councilmember Dunne made a motion, seconded by Councilmember Powell, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission March 10, 2014 Emergency Telephone System Board March 20, 214 Liquor Commission February 12, 2014 Committee of the Whole Minutes March 19, 2014 City Council Minutes March 19, 2014 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:25 p.m. May 14, 2014 Date Approved 184