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HomeMy WebLinkAboutr - September 26, 2012 CC430 SEPTMEBER 26, 2012 VOLUME LXXVII 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 September 26, 2012, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:09 p.m. The Invocation was given by Pastor Mark Ahrens from the New Covenant Fellowship and the Pledge of Allegiance was led by Deputy Chief Cecil Smith. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE SEPTEMBER 12, 2012, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Powell made a motion, seconded by Councilmember Moeller, to approve the September 12, 2012, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Kane County Association for Home and Community Education Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Illinois Association for Home and Community Education was organized under the name Illinois Home Bureau Federation for the p urpose of improving rural living and family and community life; and WHEREAS, Illinois Association for Home and Community Education was initiated in July, 1915; an Advisor was hired by the University of Illinois to develop a home improvement association. Kane County joined this University of Illinois Extension program in 1918; and VOLUME LXXVII SEPTEMBER 26, 2012 431 WHEREAS, Illinois Association for Home and Community Education evolved from Kane County Home Bureau Federation to Kane County Homemakers Education Association to the 2008 change, Kane County Association for Home and Community Education; and WHEREAS, Kane County Association for Home and Community Education is based at the University of Illinois Extension, 535 Randall Road, St. Charles, Illinois; and WHEREAS, Kane County Association for Home and Community Education is dedicated to addressing the issues of community outreach, cultural enrichment, family living, international study, public relations and community involvement for the entire population of Kane County, regardless of race color, national origin, sex, age or creed; NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, congratulate the Plato Center Unit of Kane County Association for Home and Community Education and designate the month of October as HCE Month. Week one will honor the National 4-H Club and weeks following will honor Kane County HCE. Displays will be on exhibit at The Centre the first two weeks of October. IN WITNESS WHEREOF, I have hereunto set my hand this 26th Day of September, 2012 David J. Kaptain Mayor Love Elgin Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, Elgin, Illinois, like many other communities across the country, has been deeply affected by the national economic downturn; and WHEREAS, it is incumbent on us all as citizens and neighbors to do what we can to help meet each other’s needs; and WHEREAS, there is a great mutual satisfaction and benefit derived from a community working together for the common good, as churches, businesses, government bodies, social service agencies and educational institutions cooperate to bring a variety of services to those in need; and WHEREAS, true hope and help are found not merely in the provision of material assistance but also in the blessing of spiritual and emotional encouragement; and SEPTMEBER 26, 2012 VOLUME LXXVII 432 WHEREAS, the purpose of Love Elgin Day is to demonstrate God’s love, through Christ- centered faith-based volunteers, reaching out to hard-hit Elgin families and individuals offering free groceries, clothing, medical and legal advice, personal prayer, a loving Gospel presentation and many other amenities, services and ministries, as well as resources to meet spiritual and emotional needs. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Saturday, September 29, 2012, as Love Elgin Day in the City of Elgin, and I encourage all citizens to support this effort and find ways to similarly “go the extra mile” for your neighbors, just as you would want people to do for you. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of September, 2012 David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Karin Jones, President of the Downtown Neighborhood Association, provided Council with an overview of the awards that were received at the Illinois Main Street Conference. Sgt. Gary Neal provided an overview of the Kids United program and thanked the Council and the community for their support regarding this program. Mary Shesgreen, a member of the Fox Valley Citizens for Peace and Justice, requested that the Council participate in the Move to Amend campaign which is against a ruling from the Supreme Court regarding funding of candidates. BID 12-052 AWARDED TO ACCESS ONE INC. FOR ISDN PRI CIRCUITS FOR LOCAL AND LONG DISTANCE TELEPHONE SERVICE ($15,120 PER YEAR FOR FIVE YEARS) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve the contract with Access One Inc. for five year PRI phone service in the amount of $15,120 per year. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-150 ADOPTED ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII SEPTEMBER 26, 2012 433 Resolution No. 12-150 RESOLUTION ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to accept the proposals on behalf of the City of Elgin for the city’s insurance program commencing October 1, 2012 as follows: a. To accept Travelers’ renewal proposal for liability and crime insurance for an annual premium of $479,705. b. To accept Safety National’s renewal proposal for excess workers’ compensation insurance for an annual premium of $119,858. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-151 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, and Steffen. Nays: None. Mayor Kaptain abstained. SEPTMEBER 26, 2012 VOLUME LXXVII 434 Resolution No. 12-151 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK 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 a Purchase of Service Agreement on behalf of the City of Elgin with Elgin Community Network for the creation of neighborhood area boards that provide a structure for communication, collaboration and coordination between residents, city staff and elected officials, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-152 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION FOR PHASE 2 ENGINEERING SERVICES (ELGIN BIKEWAY MASTER PLAN ROUTE 1) Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. VOLUME LXXVII SEPTEMBER 26, 2012 435 Resolution No. 12-152 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION FOR PHASE 2 ENGINEERING SERVICES (Elgin Bikeway Master Plan Route 1) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a Local Agency Agreement for Federal Participation on behalf of the City of Elgin with the Illinois Department of Transportation for Phase 2 engineering services for the Elgin Bikeway Mast er Plan Route 1, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-153 ADOPTED AUTHORIZING EXECUTION OF A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS FOR FEDERAL PARTICIPATION FOR PHASE 2 ENGINEERING SERVICES FOR THE ELGIN BIKEWAY MASTER PLAN ROUTE 1 Councilmember Prigge stated he would be voting no for this item due to the increased costs for completion and would prefer to defer the agreement if possible. Councilmember Moeller asked if there was a possibility that if the Master Plan was deferred if the cost for completion would go down. City Manager Stegall stated that the cost would likely increase instead of decrease if the Council waited. Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. SEPTMEBER 26, 2012 VOLUME LXXVII 436 Resolution No. 12-153 RESOLUTION AUTHORIZING EXECUTION OF A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS FOR FEDERAL PARTICIPATION FOR PHASE 2 ENGINEERING SERVICES FOR THE ELGIN BIKEWAY MASTER PLAN ROUTE 1 BE IT RESOLVED that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Preliminary Engineering Services Agreement for Federal Participation on behalf of the City of Elgin with TranSystems for Phase 2 engineering services for the Elgin Bikeway Master Plan Route 1, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Vote: Yeas: 6 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-154 ADOPTED ACCEPTING GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE U.S. DEPARTMENT OF HOMELAND SECURITY (DHS) UNDER THE FY11 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM-FIRE PREVENTION AND SAFETY GRANTS Councilmember Steffen made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Dunne abstained. VOLUME LXXVII SEPTEMBER 26, 2012 437 Resolution No. 12-154 RESOLUTION ACCEPTING GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE U.S. DEPARTMENT OF HOMELAND SECURITY (DHS) UNDER THE FY11 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM-FIRE PREVENTION AND SAFETY GRANTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to accept the grant on behalf of the City of Elgin of $17,387 from the Emergency Management Agency (FEMA ) and the U.S. Department of Homeland Security (DHS) under the FY2011 Assistance to Firefighters Grant Program-Fire Prevention and Safety Grants, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-155 ADOPTED AUTHORIZING EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH MARC KRESMERY CONSTRUCTION, L.L.C. REGARDING PRINCETON WEST SUBDIVISION-TOWNHOMES PHASES 1 AND 2 Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-155 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH MARC KRESMERY CONSTRUCTION, L.L.C. REGARDING PRINCETON WEST SUBDIVISION-TOWNHOMES PHASES 1 AND 2 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 SEPTMEBER 26, 2012 VOLUME LXXVII 438 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a contract completion agreement on behalf of the City of Elgin with Marc Kresmery Construction, L.L.C. regarding Princeton West Subdivision- Townhomes Phases 1 and 2, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G53-12 through G57-12 and adopt Resolution Nos. 12-142 through 12-149 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 12-142 ADOPTED EXPRESSING SUPPORT OF THE ILLINOIS COOL CITIES LOCAL SUSTAINABILITY PROTECTION AGREEMENT 2015 GOALS Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII SEPTEMBER 26, 2012 439 Resolution No. 12-142 RESOLUTION EXPRESSING SUPPORT OF THE ILLINOIS COOL CITIES LOCAL SUSTAINABILITY PROTECTION AGREEMENT 2015 GOALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby expresses its support of the provisions of the Illinois Cool Cities Local Sustainability Protection Agreement 2015 Goals, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-143 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE ELGIN CORPORATE CENTER SUBDIVISIONS Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-143 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE ELGIN CORPORATE CENTER SUBDIVISIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance in the Elgin Corporate Center Subdivisions the following public improvements: the sanitary sewer, water main, storm sewer, pavement, street lights, street signs, which will add approximately 70 linear feet of 8 -inch water main; 876 linear feet of 10-inch water main; 6,724 lineal feet of 12-inch water main; 1,365 lineal feet of 16-inch water main; 13, 10-inch valves in 4-foot vaults; 14, 12-inch valves in 5-foot vaults; 4, 16-inch valves in 5-foot vaults; 21 fire hydrants; 4,023 lineal feet of 8-inch sanitary sewer; 1,409 linear feet of 10-inch sanitary sewer; 33 sanitary manholes; 700 lineal feet of 12- SEPTMEBER 26, 2012 VOLUME LXXVII 440 inch storm sewer; 540 lineal feet of 18-inch storm sewer; 219 lineal feet of 21-inch storm sewer; 574 lineal feet of 24-inch storm sewer; 529 lineal feet of 27-inch storm sewer; 35 lineal feet of 30-inch storm sewer; 1,303 lineal feet of 36-inch storm sewer; 38 lineal feet of 42-inch storm sewer; 432 lineal feet of 48-inch storm sewer; 22 catch basins; 26 storm manholes; 29 street lights; 5,350 lineal feet of improved street (including curb and gutter on both sides of the street) and their appurtenances to the city maintained facilities. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-144 ADOPTED AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR SANITARY SEWER AND WATER SERVICE SHUT-OFF BOX PURPOSES FROM MCDONALD'S CORPORATION (1165 N. MCLEAN BOULEVARD) Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-144 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR SANITARY SEWER AND WATER SERVICE SHUT-OFF BOX PURPOSES FROM MCDONALD'S CORPORATION (1165 N. McLean Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E LGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a grant of easement for sanitary sewer and water service shut-off box purposes from McDonald's Corporation for the property legally described on Exhibit A, a copy of which is attached hereto. VOLUME LXXVII SEPTEMBER 26, 2012 441 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-145 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH THE ASSOCIATION FOR INDIVIDUAL DEVELOPMENT Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-145 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE ASSOCIATION FOR INDIVIDUAL DEVELOPMENT 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 with the Association For Individual Development on behalf of the City of Elgin for a concession operations job training program at The Centre of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor SEPTMEBER 26, 2012 VOLUME LXXVII 442 Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-146 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. IN CONNECTION WITH AN HVAC SYSTEMS REPLACEMENT PROJECT Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-146 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. IN CONNECTION WITH AN HVAC SYSTEMS REPLACEMENT 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 a community development block grant agreement on behalf of the City of Elgin with Senior Services Associates, Inc. in connection with an HVAC Systems Replacement project at the facility located at 101 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII SEPTEMBER 26, 2012 443 RESOLUTION 12-147 ADOPTED AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH Z INVESTMENTS, LLC (1158 LILLIAN STREET) Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-147 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH Z INVESTMENTS, LLC (1158 Lillian Street) 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 a business improvement program agreement on behalf of the City of Elgin with Z Investments, LLC for the property commonly known as 1158 Lillian Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 12-148 ADOPTED IN SUPPORT OF THE ILLINOIS LIQUOR CONTROL COMMISSION PARENTAL RESPONSIBILITY PROGRAM Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Na ys: None. SEPTMEBER 26, 2012 VOLUME LXXVII 444 Resolution No. 12-148 RESOLUTION IN SUPPORT OF THE ILLINOIS LIQUOR CONTROL COMMISSION PARENTAL RESPONSIBILITY PROGRAM WHEREAS, the Illinois Liquor Control Commission is advocating for a Parental Responsibility Program which includes education and enforcement initiatives to reduce underage drinking; and WHEREAS, the enforcement initiatives include both state and local laws prohibiting parents and other adults from making alcohol available to underage persons and so-called social hosting laws which provide penalties to adults who allow underage drinking in their homes; and WHEREAS, the city council of the City of Elgin recognizes the need to pursue educational and enforcement initiatives to reduce underage drinking. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the city council of the City of Elgin declares its support for the Illi nois Liquor Control Commissions Parental Responsibility Program which provides for both education enforcement initiatives to reduce underage drinking. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII SEPTEMBER 26, 2012 445 RESOLUTION 12-149 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. REGARDING THE ADDITION OF DESIGN, ADMINISTRATION AND PLANNING ENGINEERING SERVICES (UNION-SHERIDAN STREET REHABILITATION IMPROVEMENT PROJECT/2012 COMBINED SEWER SEPARATION-HIGHLAND AVENUE PHASE II PROJECT) Councilmember Powell made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 12-149 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. REGARDING THE ADDITION OF DESIGN, ADMINISTRATION AND PLANNING ENGINEERING SERVICES (Union-Sheridan Street Rehabilitation Improvement Project/2012 Combined Sewer Separation-Highland Avenue Phase II Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute amendment agreement no. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc. regarding the addition of design, administration and planning engineering services for the Union-Sheridan Street Rehabilitation Improvement Project to the 2012 Combined Sewer Separation Project-Highland Avenue Phase II Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SEPTMEBER 26, 2012 VOLUME LXXVII 446 ORDINANCE G53-12 PASSED PROVIDING FOR A SOCIAL HOSTING ORDINANCE Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G53-12 AN ORDINANCE PROVIDING FOR A SOCIAL HOSTING ORDINANCE 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 government affairs; and WHEREAS, Illinois Liquor Control Commission is advocating for a Parental Responsibility Program which includes education and enforcement initiatives to reduce underage drinking; and WHEREAS, the enforcement initiatives of the Parental Responsibility Program include advocacy for both state and local laws prohibiting parents and other adults from making alcohol available to underage persons and social hosting laws which provide penalties to adults who allow underage drinking in their homes; and WHEREAS, Public Act 97-1049 was recently enacted and will be effective January 1, 2013, and provides for a social hosting law providing that it is unlawful for any parent to allow his or her residence or other private property under his or her control to be used for consumption of alcohol by a person under the age of 21; and WHEREAS, a number of communities have adopted similar social hosting regulations in an effort to discourage gathering or parties where underage people may use illicit drugs, alcohol or alcoholic beverages; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform and function pertaining to its governing affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, an ordinance regarding social hosting responsibilities in an effort to discourage gatherings or parties where underage people may use illegal drugs, alcohol or alcoholic beverages relates to the public health, safety and welfare and pertains to the governing affairs of the city. NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXVII SEPTEMBER 26, 2012 447 Section 1. That title 10 of the Elgin Municipal Code, 1976, as amended, entitled “Public Peace, Morals and Welfare” being is hereby further amended by adding a new chapter 10.68 thereto entitled “Social Hosting” to read as follows: “Chapter 10.68 SOCIAL HOSTING 10.68.010: DEFINITIONS Unless otherwise expressly stated or clearly indicated by the context, the following terms shall, for the purpose of this chapter, have the meetings indicated in this section: ALCOHOL: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. ALCOHOLIC BEVERAGE: Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. CONVEYANCE: Any vehicle, trailer, watercraft or container operated for the transportation of persons or property. EVENT or GATHERING: Any group of two or more persons who have assembled or gathered together for a social occasion or other activity. HOST: To overtly aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. ILLICIT DRUGS: Any drug, substance or compound prohibited by law, as defined in the Illinois Controlled Substance Act, 720 ILCS 570/100 et seq., or the Illinois Cannabis Control Act, 720 ILCS 550/1, et seq., including drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed. PARENT: Any person having legal custody of a juvenile: 1. As a natural, adoptive parent, or stepparent; 2. As a legal guardian; or 3. As a person to whom legal custody has been given by order of the court. PERSON: Any individual, partnership, co-partnership, corporation, or any association of one or more individuals. SEPTMEBER 26, 2012 VOLUME LXXVII 448 RESIDENCE or PREMISES: Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. UNDERAGE PERSON: Any individual under twenty-one (21) years of age. RELIGIOUS CEREMONY: the possession, consumption and dispensation of Alcohol or an Alcoholic Beverage for the purpose of conducting any bona fide rite or religious ceremony. RESPONSE COSTS: are the costs associated with responses by law enforcement, fire, and other emergency response providers to an Event or Gathering, including but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with an Event or Gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of an Event or Gathering; (3) the cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an Event or Gathering; PUBLIC PLACE: any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots. 10.68.020: SOCIAL HOSTING-VIOLATIONS A. Except as permitted by state law, it is unlawful for an y person to permit, allow, or host an Event or Gathering at his or her place of residence or other private property, Public Place, any other premises under his or her control, or in any conveyance where Illicit Drugs, Alcohol or Alcoholic Beverages have been consumed by an Underage Person, if such Person either knows or reasonably should know that an Underage Person has consumed any Illicit Drugs, Alcohol or Alcoholic Beverages. B. It is the duty of any Person who permits, allows or hosts an Event or Gathering at his or her place of residence or other private property, Public Place, any other Premises under his or her control, or in any Conveyance, where Underage Persons will be present, to take all reasonable steps to prevent the consumption of Illicit Drugs, Alcohol or Alcoholic Beverages by any Underage Person at the Event or Gathering. As such, a rebuttable presumption that a person reasonably should VOLUME LXXVII SEPTEMBER 26, 2012 449 know that an Underage Person is consuming any Alcohol, Alcoholic Beverages, or Illicit Drugs shall exist when: 1. A Person who permits, allows, or hosts an Event or Gathering is present at the premises of the Event or Gathering at the time any Underage Person consumes Illicit Drugs, Alcohol or Alcoholic Beverage. 2. A Person who permits, allows or hosts an Event or Gathering at which an Underage Person has consumed Alcohol, Alcoholic Beverages or Illicit Drugs, whether or not the Person permitting, allowing or hosting is present, if the Person has not taken all reasonable steps to prevent the consumption of Illicit Drugs, Alcohol or Alcoholic Beverages by Underage Persons. 10.68.030: EXCEPTIONS: A. This chapter shall not apply to conduct involving the use of Alcoholic Beverages that occurs at a Religious Ceremony or exclusively between and Underage Person and his or her parent or legal guardian, as permitted by Illinois law. B. A Person who hosts an Event or Gathering shall not be in violation of this Chapter if he or she seeks assistance from the Police Department or other law enforcement agency to remove any person who refuses to abide by the Person’s performance of the duties imposed by this Chapter, or terminate the Event or Gathering because the person has been unable to prevent Underage Persons from consuming Illicit Drugs, Alcohol or Alcoholic Beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the Event or Gathering. 10.68.040: PENALTY FOR VIOLATION: A. Any Person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal equitable remedies available to the city, shall be punished by a fine in an amount not less Five Hundred Dollars ($500.00) for each offense and shall also be assessed and responsible for any and all Response Costs incurred to investigate the event or gathering. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter’s committed, continued or permitted by any such person, and he shall be punished accordingly. SEPTMEBER 26, 2012 VOLUME LXXVII 450 C. The levy and such or payment of any penalty or fine provided in this chapter shall not be deemed to waiver the power of the city to suspend, revoke or refuse to renew a license permit or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law.” Section 2. That all ordinances are part of ordinances and 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 after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Passed: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 26, 2012 Published: September 28, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G54-12 PASSED CREATING CHAPTER 10.25 ENTITLED "SYNTHETIC ALTERNATIVE DRUGS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G54-12 AN ORDINANCE CREATING CHAPTER 10.25, ENTITLED “SYNTHETIC ALTERNATIVE DRUGS,” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and VOLUME LXXVII SEPTEMBER 26, 2012 451 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 WHEREAS, 65 ILCS 5/11-20-5 authorizes the City of Elgin to implement regulations that are necessary or expedient for the promotion of the public health and welfare; and WHEREAS, the City of Elgin has encountered an increase in the possession, distribution, sale, and consumption within its corporate boundaries of products containing compounds originally designed as synthetic alternatives (i.e., synthetic cannabinoids, synthetic stimulants, and synthetic psychedelic/hallucinogens) to prohibited controlled substances such as tetrahydrocannabinol (THC), cathinone, methcathinone, MDMA and MDEA; and WHEREAS, the City of Elgin finds that products containing synthetic cannabinoids, synthetic stimulants, and synthetic psychedelic/hallucinogens are being purchased for recreational use as an alternative to controlled substances banned at the Federal, State, and local levels; and WHEREAS, the City of Elgin finds that products containing synthetic cannabinoids, synthetic stimulants, and synthetic psychedelic/hallucinogens are particularly attractive to children and young adults due to their availability in small amounts at neighborhood stores at minimal costs, and due to the names being given to these substances which are intended to appeal to children and young adults; and WHEREAS, the Drug Enforcement Administration (“DEA”) has determined that the consumption of synthetic cannabinoids have adverse health effects such as agitation, anxiety, nausea, vomiting, tachycardia, elevated blood pressure, tremors, seizures, hallucinations, paranoid behavior and non-responsiveness; and WHEREAS, the DEA has determined that consumption of synthetic stimulants affect alertness and have been linked to severe psychotic episodes, increased heart rates, panic attacks, and hallucinations; and WHEREAS, the American Association of Poison Control Centers has reported that in 2011 there were more than 6,900 synthetic cannabinoid-related calls to poison control centers in 2011, and more than 6,100 reports of cathinone or “bath salt” abuse; and WHEREAS, the City of Elgin deems it necessary and desirable to prohibit the sale, delivery, possession, use and manufacture of products containing synthetic cannabinoids, synthetic stimulants, and synthetic psychedelic/hallucinogens in order to protect the public and abate a public nuisance; and WHEREAS, the Corporate Authorities of the City of Elgin have determined that it is in the best interests of the City of Elgin and its residents to amend the Elgin Municipal Code to implement regulations relative to the sale, delivery, possession, use and manufacture of such synthetic products as hereinafter set forth: SEPTMEBER 26, 2012 VOLUME LXXVII 452 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled “Public Peace, Morals and Welfare,” be and is hereby amended by creating Chapter 10.26, entitled, “Synthetic Alternative Drugs,” to read as follows: Chapter 10.26 SYNTHETIC ALTERNATIVE DRUGS Sections: 10.26.010: Definitions. 10.26.020: Sale or Delivery. 10.26.030: Possession. 10.26.040: Use. 10.26.050: Manufacture. 10.26.060: Unlawful to Advertise. 10.26.070: Public Nuisance Declared. 10.26.080: Exemptions. 10.26.090: Penalties. 10.26.010: DEFINITIONS: For purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires different meaning: DELIVER or DELIVERY: The actual, constructive, or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship. MANUFACTURE: The production, preparation, propagation, compounding, conversion or processing of a product containing a synthetic cannabinoid, a synthetic stimulant, or a synthetic psychedelic/hallucinogen, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of such products or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of such products as an incident to administering or dispensing such products in the course of a person’s professional practice, or as an incident to lawful research, teaching, or chemical analysis and not for sale. SYNTHETIC ALTERNATIVE DRUG: Any product containing a synthetic cannabinoid, a synthetic stimulant, or a synthetic psychedelic/hallucinogen, as those terms are defined herein, including but not limited to those products, brand names or identifiers listed in Table 10.26.010 set forth herein. SYNTHETIC CANNABINOID: Any chemical compound that acts as or contains a cannabinoid receptor agonist that functions similar to the active ingredient in marijuana, tetrahydrocannabinol VOLUME LXXVII SEPTEMBER 26, 2012 453 (THC), including those examples found in the Schedules of Article II of the Illinois Control Substances Act (720 ILCS 570/201 et seq.), as amended from time to time, or otherwise prohibited under federal or state law, and further including, but not limited to , any quantity of a natural or synthetic material, compound, mixture or preparation containing the following substances, and their analogs (including isomers (whether optical, positional, or geometric), esters, ethers, salts, and salts of isomers) whenever the existences of these analogs (including isomers (whether optical, positional, or geometric), esters, ethers, salts, and salts of isomers) is possible within the specific chemical designation: Naphthoylindoles. Any compound containing a 3-(1-Naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including but not limited to the following: (a) JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole); (b) JWH-015 ((2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone); (c) JWH-018 (1-pentyl-3-(1-naphthoyl)indole); (d) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole); (e) JWH-073 (naphthalen-1-yl -(1-butylindol-3-yl)methanone); (f) JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone); (g) JWH-098 (4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone); (h) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole); (i) JWH-164 (7-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone; (j) JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone); (k) JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone; (l) JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole); (m) WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de)-1,4-benzoxazin-6-yl]-1-nepthalenylmethanone); (n) AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone). Naphthylmethylindoles. Any compound containing a 1 H-indol-3-yl -(1- naphthyl) methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including but not limited to the following: (a) JWH-175 ((1-pentylindol-3-yl)naphthalen-1-ylmethane); (b) JWH-184 (3-[(4-methyl-1-naphthalenyl)methyl]-1-pentyl-1H-indole) Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl) pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any SEPTMEBER 26, 2012 VOLUME LXXVII 454 extent and whether or not substituted in the naphthyl ring to an y extent, including but not limited to the following: (a) JWH-307 ((5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone). Naphthylmethylindenes. Any compound containing a naphthymethylidene indene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including but not limited to the following: (a) JWH-176 (1-([(1E)-3-pentylinden-1-ylidine]methyl)naphthalene). Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including but not limited to the following: (a) JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone; (b) JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole); (c) JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole); (d) JWH-302 (2-(3-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone); (e) RCS-8 (also BTW-8, BTM-8 and SR-18) (1-(1-(2-cyclohexylethyl)-1H-indol-3- yl)-2-(2-methoxyphenyl)ethanone). Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent, including but not limited to the following: (a) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5- (2-methyloctan-2-yl)phenol) and its homologues; (b) CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]- 5-(2- methyloctan-2-yl)phenol); (c) Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methylnonan-2- yl)phenol). Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methy1-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted in the indole ring to any VOLUME LXXVII SEPTEMBER 26, 2012 455 extent and whether or not substituted in the phenyl ring to any extent, including but not limited to the following: (a) AM-679 (1-pentyl-3-(2-iodobenzoyl)indole); (b) AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone); (c) Pravadoline (WIN 48,098) ((4-methoxyphenyl)-[2-methyl-1-(2-morpholin-4- ylethyl)indol-3-yl]methanone); (d) RCS-4 (2-(4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone). Adamantoylindoles. Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent, including but not limited to the following: (a) AM-1248 (1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole). Additional Compounds. Any substance containing any of the following compounds: (a) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol); (b) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol); (c) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7- dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol); (d) HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1- yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione). SYNTHETIC PSYCHEDELIC/HALLUCINOGEN: Any chemical compound that mimics the effects of any federally controlled Schedule I substance, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance, and their analog (including salts, isomers (whether optical, positional, or geometric), esters, ethers and salts of isomers) containing substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain, including those examples found in the Schedules of Article II of the Illinois Control Substances Act (720 ILCS 570/201 et seq.), as amended from time to time, or otherwise prohibited under federal or state law, and further including, but not limited to, the following: (a) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E); (b) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D); (c) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); (d) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); (e) 2-(4-(Ethylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-2); (f) 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4); (g) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); (h) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); SEPTMEBER 26, 2012 VOLUME LXXVII 456 (i) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P); (j) 2-(3-methoxyphenyl)-2-(ethylamino)cyclohexanone (other names: methoxetamine; MXE); (k) 2-(5-methoxy-1H-indol-3-yl)-N,N-dimethylethanamine (other names: 5-methoxy- N,N-dimethyltryptamine; 5-MeO-DMT) (l) 4-Phosphoryloxy-N,N-diethyltryptamine (other names: ethocybin; CEY-19). SYNTHETIC STIMULANT: Any chemical compound that mimics the effects of any federally controlled Schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance, and their analog (including salts, isomers (whether optical, positional, or geometric), and salts of isomers) containing substances which have a stimulant effect on the central nervous system, including those examples found in the Schedules of Article II of the Illinois Control Substances Act (720 ILCS 570/201 et seq.), as amended from time to time, or otherwise prohibited under federal or state law, and further including, but not limited to, the following: (a) 3-Fluoromethcathinone; (b) 4-Fluoromethcathinone (other name: flephedrone); (c) 3,4-Methylenedioxymethcathinone (other names: methylone; MDMC); (d) 3,4-Methylenedioxypyrovalerone (other name: MDPV); (e) 4-Methylmethcathinon (other names: mephedrone; 4-MMC); (f) 4-Methoxymethcathinone (other names: methedrone; bk-PMMA; PMMC); (g) 4-Ethylmethcathinone (other name: 4-EMC); (h) Ethcathinone; (i) Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone; bk-MBDB); (j) Napthylpyrovalerone (other names: naphyrone; NRG-1); (k) N,N-dimethylcathinone (other name: metamfepramone); (l) Alpha-pyrrolidinopropiophenone (other name: alpha-PPP); (m) 4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP); (n) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP); (o) Alpha-pyrrolidinovalerophenone (other name: alpha-PVP); (p) 6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxal-6-amine) (other name: MDAI); (q) Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone by modification or substitution in any of the following ways: (1) in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents; (2) at the 3-position with an alkyl substituent; (3) at the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; (4) or by inclusion of the nitrogen atom in a cyclic structure. VOLUME LXXVII SEPTEMBER 26, 2012 457 TABLE 10.26.010: Table 10.26.010 shall read as follows: 8-Ball 2010 Aztec Gold Aztec Midnight Wind Back Draft Bad 2 the Bone Banana Cream Nuke Bayou Blaster Black Diamond Black Magic Salvia Black Mamba Blueberry Hayze Bombay Blue Buzz C3 C4 C4 Herbal Incense Caneff Cherry Bomb Chill X Chronic Spice Chill Out Citrus Colorado Chronic Da Block Dark Night II Demon Diamond Spirit Dragon Spice D-Rail Dream Earthquake Eruption Spice Euphoria EX-SES EX-SES Platinum EX-SES Platinum Blueberry EX-SES Cherry EX-SES Strawberry EX-SES Platinum Cherry EX-SES Platinum Strawberry EX-SES Platinum Vanilla EX-SES Vanilla Fire Bird Ultimate Forest humus Freedom Fully Loaded Funky Monkey Funky Monkey XXXX G Four G Greenies Caramel Crunch Genie Gold Spirit Spice Green Monkey Chronic Salvia Greenies Strawberry Heaven Improved Heavenscent Suave Humboldt Gold Jamaican Gold K Royal K1 Gravity K1 Orbit K2 K2 (unknown variety) K2 Amazonian Shelter K2 Blonde K2 Blue K2 Blueberry K2 Citron K2 Citron K2 K2 Cloud 9 K2 Kryptonite K2 Latte K2 Mint K2 Orisha Black Magic Max K2 Orisha Max K2 Orisha Regular K2 Orisha Super K2 Orisha White Magic Super K2 Peach K2 Pina Colada K2 Pineapple Express K2 Pink K2 Pink Panties K2 Sex K2 Silver K2 Solid Sex on the Mountain K2 Standard K2 Strawberry K2 Summit K2 Summit Coffee Work K2 Summit Space K2 Thai Dream K2 Ultra K2 Watermelon K3 K3 Blueberry K3 Cosmic Blend K3 Dusk K3 Grape K3 Heaven Improved K3 Heaven Legal K3 Kryptonite K3 Legal K3 Legal – Earth (silver) K3 Legal – Original (Black) K3 Level – Sea (Silver) K3 Legal – Sun (Black) K3 Mango K3 Original K3 Original Improved K3 Strawberry K3 Sun K3 Sun Improved K3 Sun Legal K3 XXX K4 Bubble Bubble K4 Gold K4 Silver K4 Summit Remix Kind Spice Legal Eagle Legal Eagle Apple SEPTMEBER 26, 2012 VOLUME LXXVII 458 Love Potion 69 Love Strawberry Magic Dragon Platinum Magic Gold Magic Silver Mega Bomb Magic Spice Mid-Atlantic Exemplar Midnight Chill Mellon K2 MNGB Peppermint MNGB Pinata Colada MNGB Pina Colada MNGB Tropical Thunder Moe Joe Fire MNGB Almond-Vanilla Mr. Smiley’s MTN-787 MNGB Spear Mint Naughty Nights New Improved K3 Cosmic Blend Mojo New Improved Kryptonite New K3 Earth Mystery New K3 Improved New K3 Sea Improved New Improved K3 Dynamite Nitro Ocean Blue New Improved K3 Kryptonite p.e.p. pourri Love Strawberry p.e.p. pourri Original Spearmint New K3 Heaven p.e.p. pourri X Blueberry Pie K4 Purple Haze New-Kron Bomb Pink Tiger Platinum Strawberry Paradise POW Rasta Citrus Spice p.e.p. pourri Twisted Vanilla Pulse Samurai Spirit Pineapple Redbird Scope Wildberry Potpourri Scope Vanilla Shanti Spice Blueberry Rebel Spice Shanti Spice Skunk Sativah Silent Black Space Sence Smoke Plus Spice Gold Si. S. Werve Spice Diamond Spicey Regular XXX Blueberry Smoke Spice Tropical Synergy Spicey Ultra Strong XXX Vanilla Spice Artic Synergy Spicey Ultra Strong XXX Strawberry Spike 99 Spice Silver Spicylicious Spike 99 Ultra Cherry Spicey Regular XXX Strawberry Spike 99 Ultra Blueberry Spike Gold Spicey XXX Spike Diamond Stinger Spike 99 Ultra Spike Silver Super Kush Spike 99 Strawberry Summer Skyy SYN Chill Spike Maxx Swagger Grape SYN Incense Spearmint Strength Cinnamon SYN Incense Smooth SYN Smooth Super Summit SYN Lemon Lime #2 SYN Suave SYN Incense Lemon Lime SYN Spearmint #2 SYN Vanilla #2 SYN Lemon Lime SYN Vanilla Time Warp SYN Spearmint Tezcatlipoca Unknown cigarette SYN Swagg Ultra Cloud 10 Voodoo Child Texas Gold Utopia-Blue Berry Voodoo Remix (black package) Tribal Warrior Voodoo Remix Who Dat Herbal Incense Utopia Who Dat Wood Stock VOLUME LXXVII SEPTEMBER 26, 2012 459 Voodoo Magic Voodoo Remix (orange package) Wicked X Winter Boost Yucatan Fire Yucatan Fire Smoke XTREME Spice Zombie World Bliss Blue Light Blue Silk Charge Cosmic Blast Disco Concentrate Bath Salts Ivory Snow Ocean Burst Pure Ivory Purple Wave Snow Leopard Stardust (Star Dust) Tranquility Bath Salts White Dove White Knight White Rush Zeus 2 Ivory Wave White Lightening Hurricane Charlie White Girl Blue Magic Silverback Bath Salts Raving Dragon Cloud 9 Purple Tranquility Zoom 2 Aura Red Dove Vanilla Sky White Horse Ivory Coast Energy 1 MDPK Magic Super Coke Amped Rave SnowBlind Crystal Bubbly Eight Ballz White Water Rapid Avalanche Bizaro Voodoo Powder Spice Spice Smoked Blend Black Mamba Zohai Mr. Nice Guy Genie Earth Impact Galaxy Gold Space Truckin’ Solar Moon Rocks Aroma Scope Sky High Red X Dawn 10.26.020: SALE OR DELIVERY: It shall be unlawful for any person to advertise, display, sell, offer for sale, give away or deliver any product containing a synthetic cannabinoid, synthetic stimulant or synthetic psychedelic/hallucinogen, including but not limited to those products listed in Table 10.26.010 set forth herein. 10.26.030: POSSESSION: It shall be unlawful for any person to knowingly possess a product containing a synthetic cannabinoid, synthetic stimulant or synthetic psychedelic/hallucinogen, including but not limited to those products listed in Table 10.26.010 set forth herein. 10.26.040: USE: It shall be unlawful for any person to use, inject, ingest, inhale, or otherwise introduce into the human body, or to be under the influence of, a synthetic cannabinoid, synthetic stimulant or synthetic psychedelic/hallucinogen, including but not limited to those products listed in Table 10.26.010 set forth herein. SEPTMEBER 26, 2012 VOLUME LXXVII 460 10.26.050: MANUFACTURE: It shall be unlawful for any person to manufacture, or assemble the ingredients with the intent to manufacture a synthetic cannabinoid, a synthetic stimulant, or a synthetic psychedelic/hallucinogen, including but not limited to those listed in Table 10.26.010 set forth herein. In determining intent under this subsection, a trier of fact may take into consideration, among other things: the proximity of the product or ingredients to drug paraphernalia; the presence of the product or ingredients on or within drug paraphernalia; and the proximity of the product or ingredients to a different controlled substance. 10.26.060: UNLAWFUL TO ADVERTISE: It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one should reasonably know, that the purpose of the advertisement, in whole or in part, is to promote the sale of a synthetic cannabinoid, synthetic stimulant or synthetic psychedelic/hallucinogen, including but not limited to those products listed in Table 10.26.010 set forth herein. 10.26.070: PUBLIC NUISANCE DECLARED: Any store, place, or premises from which or in which any synthetic cannabinoid, synthetic stimulant or synthetic psychedelic/hallucinogen, including but not limited to those products listed in Table 10.26.010 set forth herein, are kept for sale, offered for sale, sold, manufactured, possessed with intent to deliver, or delivered for any commercial consideration, is declared to be a public nuisance. A. Whenever the city manager or the city manager’s designee reasonably believes that any premises constitutes a public nuisance as described in this section, the city manager or such designee may bring an action to abate the nuisance in a court of competent jurisdiction or in the city’s division of administrative hearings. B. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the presiding authority may, without bond, enter a temporary restraining order to enjoin any defendant from maintaining the nuisance and may, without bond, enter a preliminary injunction restraining any defendant from removing or interfering with any property used in connection with the public nuisance. C. If during the proceedings and hearings upon the merits the existence of the nuisance is established, and it is established that the nuisance was maintained with the intentional, knowing or reckless permission of the owner, or an agent of the owner managing the premises, the court shall enter an order restraining all persons from maintaining or permitting the nuisance and from using the premises for a period of one year thereafter. However an owner, lessee, or other occupant thereof may use the premises if the owner gives bond with sufficient security or surety, in an amount between $5,000 and $10,000 approved by the court, payable to the “City of Elgin.” VOLUME LXXVII SEPTEMBER 26, 2012 461 The bond shall include a condition that no offense specified in this chapter shall be committed at, in, or upon the property described, and a condition that the principal obligor and surety assume responsibility for any fine, costs, or damages incurred by any person resulting from such an offense. 10.26.080: EXEMPTIONS: This chapter shall not apply to items used in the preparation, compounding, packaging, labeling, or other use of synthetic cannabinoids, synthetic stimulants or synthetic psychedelic/hallucinogens as an incident to administering or dispensing such products in the course of a person’s professional practice, or as an incident to lawful research, teaching, or chemical analysis and not for sale. 10.26.090: PENALTIES: Any person found in violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person found to be in violation of Section 10.26.020 (Sale or Delivery), Section 10.26.050 (Manufacture), Section 10.26.060 (Unlawful to Advertise), or Section 10.26.070 (Public Nuisance Declared) shall, upon conviction, be punishable by a fine of not less than One Thousand Dollars ($1,000.00). Any person found to be in violation of Section 10.26.030 (Possession) or Section 10.26.040 (Use) shall, upon conviction, be punishable by a fine of not less than Five Hundred Dollars ($500.00). In addition, the following provisions shall apply with respect to any fine or penalty to be imposed for a violation of this chapter: A. In addition to the payment of the aforesaid fine, any person found to be in violation of this chapter shall also, upon conviction, be required to complete not less than fifty (50) hours and not more than two hundred (200) hours of community service or community restitution. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and the person shall be punished accordingly. C. The court shall consider as an aggravating factor for the purpose of imposing any fine or penalty for conviction of an offense under this chapter the following: 1. That the sale, delivery, possession, use or manufacture occurred (i) on any real property comprising any school, or (ii) on any conveyance owned, leased or contracted for by a school or school district to transport students to or from a school or a school-related activity, or (iii) on any public way within 1,000 feet of any real property comprising any school or (iv) on any public way within 1,000 feet of any conveyance owned, leased or contracted for by a school or school district to transport students to or from a school or a school-related activity. SEPTMEBER 26, 2012 VOLUME LXXVII 462 2. That the sale or delivery was by a person that is at least eighteen (18) years of age at the time of the offense, to any person under eighteen (18) years of age at the time of the offense. 3. Any other pertinent factor or circumstance. Section 2. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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: September 26, 2012 Passed: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 26, 2012 Published: September 28, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G55-12 PASSED AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G39-10 (HIGH POINT PLAZA-1350 EAST CHICAGO STREET) Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVII SEPTEMBER 26, 2012 463 Ordinance No. G55-12 AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G39-10 (High Point Plaza - 1350 East Chicago Street) WHEREAS, the property was zoned PAB Planned Area Business District pursuant to Ordinance No. G75-06; and WHEREAS, Ordinance No. G39-10 amended Ordinance No. G75-06 in its entirety; and WHEREAS, written application has been made to amend certain provisions of Ordinance No. G39-10 by adding a list of “permitted and conditional uses” that will be subject to the provisions of Chapter 19.10 Land Use; and WHEREAS, after due notice in the manner provided by law, the Planning & Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation 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 August 6, 2012, 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. G39-10 entitled “An Ordinance Amending PAB Planned Area Business District Ordinance No G75-06 for the Establishment of a Driving School” passed August 11, 2010, be and is hereby amended only as set forth in this ordinance as follows: A. That Section 4 E. “Land Use,” is amended by including the following additional land uses within Subsection 1 – “Permitted Uses.”: Services Division 1. Laundry and garment services not elsewhere classified, provided no onsite processing (7219) 2. Misc. personal services not elsewhere classified, excluding dating service; escort service; massage parlors; steam baths; tattoo parlors; turkish baths; wedding chapels; locker rentals (7299) 3. Business services not elsewhere classified, except apparel pressing service for the trade; metal slitting and shearing, scrap steel cutting (7389) SEPTMEBER 26, 2012 VOLUME LXXVII 464 4. "Car washes" [SR], in conjunction with a gas station only (7542) 5. Misc. repair shops and related services, not elsewhere classified, including repair shops for bicycles, binoculars and other optical goods and instruments, cameras and photographic equipment, dental, medical, surgical, precision, and surveying instruments, leather goods, luggage, pocketbooks, typewriters, tents, venetian blinds and window shades; laboratory, nautical and navigational, and scientific instruments repair, except electric; sharpening and repairing of knives, except saws and tools; key duplicating; lock parts made to order and locksmiths shops; custom picture framing (7699) 6. Kidney Dialysis Centers (8092) 7. Vocational schools (824) 8. Services not elsewhere classified, limited to offices only (899) Retail Trade Division 9. "Motor vehicle service stations" [SR] (554) 10. Drive in restaurants; limit one on the out lot only (5812) 11. Drinking places (alcoholic beverages) (5813) 12. "Outdoor eating and drinking facilities" [SR], in generally shall be limited to the sidewalk in front of the associated tenant spaces and shall comply with all local, state, and federal regulations at all times, including but not limited to providing a 36-inch clear travel path through it as required by the American Association of Disability Act Design Standards (UNCL) 13. Used merchandise stores, except pawnshops (593) Wholesale Trade Division (no wholesale trade division shall exceed more than two tenant spaces for the entire shopping center) 14. Furniture and home furnishings (502) 15. Professional & commercial equipment and supplies (504) 16. Hardware and plumbing, and heating equipment and supplies (507) 17. Paper and paper products (511) 18. Drugs, drug proprietary, and druggists' sundries (512) 19. Apparel piece goods and notions (513) 20. Groceries and related products (514) B. That Section 4 E. “Land Use,” is amended by including the following additional land uses within Subsection 2 – “Conditional Uses.” Services Division 1. Billiard parlors, pool parlors (7999) 2. Amusement and recreational services, not elsewhere classified, excluding fortune tellers(7999) 3. Other schools and educational services, not elsewhere classified (829) VOLUME LXXVII SEPTEMBER 26, 2012 465 Section 3. That except as specifically amended herein Ordinance G39-10 shall remain in full force and effect. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Passed: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 26, 2012 Published: September 28, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G56-12 PASSED AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G26-01 (NORTHWEST BUSINESS PARK) (2700-2880 GALVIN DRIVE AND 2755-2794 SPECTRUM DRIVE) Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G56-12 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G26-01 (Northwest Business Park) (2700-2880 Galvin Drive and 2755-2794 Spectrum Drive) WHEREAS, the subject property referred to herein has been previously classified in the PORI Planned Office Research Industrial District pursuant to Ordinance No. G54-00; and WHEREAS, the PORI Planned Office Research Industrial District established by Ordinance No. G54-00 was amended in its entirety by Ordinance No. G26-01, the effect of which was to adopt an amended PORI Planned Office Research Industrial District for the property described below; and SEPTMEBER 26, 2012 VOLUME LXXVII 466 WHEREAS, written application pursuant to petition 25-12 has been made to amend certain provisions of Ordinance No. G26-01; and WHEREAS, after due notice in the manner provided by law, the Planning & Zoning Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation 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 July 2, 2012 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. G26-01 entitled “An Ordinance Repealing Ordinance G54-00 and Reclassifying Property in the PORI Planned Office Research Industrial District”, passed May 9, 2001, be, and is hereby amended only as set forth in this ordinance by amending Section 3.F.5.b.(2) thereof entitled “Interior Setback” as follows: "(2) The minimum required vehicle use area setback from an interior lot line shall be 6 linear feet, except for the vehicle use area located at 2760-2780 Spectrum Drive, for which the vehicle use area setback shall be a minimum of 3.80 feet, as identified in the ALTA/ACSM Land Title Survey of Northwest Business Park III, Sheet 1 of 1, prepared by Cowhey Gudmundson Leder , Ltd. dated March 9, 2011, and except for the vehicle use area located at 2784-2794 Spectrum Drive, for which the vehicle use area setback shall be a minimum of 5.54 feet, as identified in the ALTA/ACSM Land Title Survey of Northwest Business Park VI, Sheet 1 of 1, prepared by Cowhey Gudmundson Leder, Ltd., dated March 9, 2011." Section 3. That except as specifically amended herein Ordinance G26-01 shall remain in full force and effect. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVII SEPTEMBER 26, 2012 467 Presented: September 26, 2012 Passed: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 26, 2012 Published: September 28, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G57-12 PASSED AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G9-00 (NORTHWEST CORPORATE PARK) (2200-2420 GALVIN DRIVE, 2400-2580 NORTHWEST PARKWAY, 2360-2530 VANTAGE DRIVE AND 2482-2589 TECHNOLOGY DRIVE) Councilmember Powell made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G57-12 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G9-00 (Northwest Corporate Park) (2200-2420 Galvin Drive, 2400-2580 Northwest Parkway, 2360-2530 Vantage Drive and 2482-2589 Technology Drive) WHEREAS, the subject property referred to herein has been previously classified in the PORI Planned Office Research Industrial District pursuant to Ordinance No. G88-98; and WHEREAS, the PORI Planned Office Research Industrial District established by Ordinance No. G88-98 was amended in its entirety by Ordinance No. G9 -00, the effect of which was to adopt an amended PORI Planned Office Research Industrial District for the property described below; and WHEREAS, written application pursuant to petition 26-12 has been made to amend certain provisions of Ordinance No. G9-00; and WHEREAS, after due notice in the manner provided by law, the Planning & Zoning Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendations; and SEPTMEBER 26, 2012 VOLUME LXXVII 468 WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation 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 July 2, 2012 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. G9-00 entitled “An Ordinance Reclassifying Property in the PORI Planned Office Research Industrial District”, passed May 9, 2001, be, and is hereby amended only as set forth in this ordinance by amending Section 2.F.5.b.(2) thereof entitled “Interior Setback” as follows: "(2) The minimum required vehicle use area setback from an interior lot line shall be 6 linear feet, except for the vehicle use area located at 2400-2420 Galvin Drive, for which the vehicle use area setback shall be a minimum of 0.44 feet, as identified in the ALTA/ACSM Land Title Survey for Northwest Corporate Park VIII, sheet 1 of 1 prepared by Cowhey Gudmundson Leder, Ltd., dated March 9 , 2011 and dated received June 1, 2012, and except for the vehicle use area located at 2583-2589 Technology Drive, for which the vehicle use area setback shall be a minimum of 1.46 feet, as identified in the ALTA/ACSM Land Title Survey for Northwest Corporate Park X, Sheet 1 of 1 prepared by Cowhey Gudmundson Leder, Ltd., dated March 9, 2011, and dated received June 1, 2012." Section 3. That except as specifically amended herein Ordinance G9-00 shall remain in full force and effect. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Passed: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 26, 2012 Published: September 28, 2012 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVII SEPTEMBER 26, 2012 469 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission Minutes August 13, 2012 Emergency Telephone System Board Minutes August 16, 2012 Elgin Fire Pension Fund Minutes January 30, February 28, June 26, July 31 and August 28, 2012 Heritage Commission – Design Review Subcommittee July 24, August 14, & 28, 2012 Liquor Control Commission Minutes August 8, 2012 Parks and Recreation Minutes June 26, 2012 Committee of the Whole Minutes for August 22, 2012 City Council Minutes for August 22, 2012 Telecommunications Tax Sales Tax Local Sales Tax State Income Tax State Use Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:40 p.m. s/ Jennifer Quinton October 10, 2012 Jennifer Quinton, Deputy City Clerk Date Approved