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HomeMy WebLinkAboutv - December 16, 2015 CC DECEMBER 16, 2015 VOLUME LXXX DRAFT 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 December 16, 2015, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Reverend Jon Badie from the Second Baptist Church and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE DECEMBER 2, 2015, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the December 2, 2015, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Andrea Evensen, representing residents in the area of Petition 21-15, commented on the concerns they had regarding the project. Their concerns included the impact on safety, home values, traffic, noise pollution and aesthetics. Chuck Keysor commented on the budget process, the budget communications from the city and citizens involvement. Dr. Ahmed Ramaha presented the police and fire departments with a plaque extending thanks and appreciation for their service to the community. Peter Bazos, representing the applicant for Petition 21-15, commented on the zoning for the property on Lambert Lane and the changes the applicant made based on the neighbors suggestions. BID 15-048A AWARDED TO VARIOUS VENDORS FOR WATER TREATMENT CHEMICALS Councilmember Dunne made a motion, seconded by Councilmember Shaw, to approve contracts with Alexander Chemical for ammonium hydroxide and caustic soda, Carus Corporation for potassium permanganate, Graymont Western Lime for lime; and Thatcher Company of Montana for soda ash in the amount of $1,263,050. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-053 AWARDED TO PLCLTD.COM FOR WATER UTILITY PROGRAMMABLE LOGIC CONTROLLERS CENTRAL PROCESSING UNIT RENEWAL Councilmember Steffen made a motion, seconded by Councilmember Shaw, to award the Water Utility Programmable Logic Controllers Central Processing Unit Renewal to PLC ltd.com for $44,300. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 15-054 AWARDED TO ULTRASTROBE COMMUNICATIONS INC. FOR EMERGENCY WARNING LIGHTS FOR POLICE VEHICLES Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award the bid for emergency warning lights for police vehicles to Ultrastrobe Communications Inc. in the amount of $194,144. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. APPROVED THE PURCHASE OF 2FA ONE USER LICENSES AND HID SMART CARD READERS FROM CDW-G USING THE NATIONAL INTERGOVERNMENTAL PURCHASING Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve the purchase of 2FA ONE user licenses and HID smart card readers from CDW‐G in the amount of $45,552. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING FOR THE 2016 PROPOSED CITY OF ELGIN BUDGET Mayor Kaptain declared the public hearing open. Debra Nawrocki, Chief Financial Officer, highlighted the changes to the proposed budget including: property tax revenue in the General Fund being reduced by 1.2 million dollars, utility fund revenues being reduced by 1.3 million dollars maintaining current rate levels, and an increase in the General Fund expenditures as a result of an additional pension contribution. Mayor Kaptain declared the public hearing closed. ORDINANCE T25-15 PASSED ADOPTING THE 2016 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Each councilmember commented on the budget process and its challenges, and thanked staff for their work preparing the budget documents. There was discussion regarding the impact of this and future budgets on the residents and city services. Councilmember Steffen made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Ordinance No. T25-15 AN ORDINANCE ADOPTING THE 2016 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 2016; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least seven days; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget officer and placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 2016 and is attached hereto. Section 2. That the budget officer is hereby authorized and directed to cause to be prepared and published the 2016 annual budget. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2016.   s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Passed: December 16, 2015    Vote: Yeas: 8 Nays: 1    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE T26-15 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015, AND ENDING DECEMBER 31, 2015, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Ordinance No. T26-15 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the State of Illinois, did on the 16th of December, 2015 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 2016, the amount of which is ascertained to be the aggregate sum of $288,185,880. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... 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 for the public health, safety, morals and welfare; to license; to tax; and to incur debt.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: Section 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City of Elgin, subject to taxation for the year 2015, the total sum of $48,620,780 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading “To Be Raised By Taxation” which appears over the same, the tax so levied for the current fiscal year of said City of Elgin for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: GENERAL CORPORATE PURPOSES In Accordance with Provisions of the 1970 Constitution of Illinois, Article 7  Amount Appropriated Estimated Receipts From Other Sources To Be Raised By Taxation  01 Mayor & City Council 325,500 325,500   02 City Clerk 258,380 258,380   03 Office of the City Manager 1,797,320 1,797,320   05 Legal 1,427,970 1,427,970   06 Human Resources 824,880 824,880   07 311 1,649,030 1,649,030   15 Planning & Neighborhood Services 619,820 619,820   16 Code Administration & Development Services  3,373,430  3,373,430   17 Business Services - Economic Development  422,780  422,780   19 Boards & Commissions 664,520 664,520   20 Finance 1,604,050 1,604,050   21 ITS 1,364,570 1,364,570   22 Purchasing & Risk Management 346,120 346,120   23 Police Department 41,268,300 24,780,974 16,487,326  28 Fire Department 27,598,450 16,561,024 11,037,426  33 Public Works 17,340,880 17,340,880   37 Building Maintenance 2,770,150 2,770,150   69 Non-Departmental 17,020,450 17,020,450    TOTAL – GENERAL CORPORATE PURPOSES  $120,676,600  $93,151,848  27,524,752   Add: 1% for Loss of Collection  275,248  TOTAL AMOUNT TO BE RAISED BY     TAXATION - GENERAL CORPORATE PURPOSE    $27,800,000    SPECIAL CORPORATE PURPOSES       220 Emergency Telephone System (E911) 2,502,540 2,502,540   230 Community Dev. Grant 1,261,370 1,261,370   240 Spring St Parking Dist. 62,210 62,210    250 Drug Asset Forfeiture Fund 410,000 410,000   262 Central Area Tax Allocation Fund 7,946,100 7,946,100   263 U.S. Rte. 20 Tax Allocation Fund 635,970 635,970   264 Bluff City Tax Allocation Fund 312,550 312,550   275 Elgin Riverboat Fund 14,823,960 14,823,960   276 Elgin Riverboat Lease 2,662,260 2,662,260   290 Motor Fuel Tax Fund 4,527,060 4,527,060   294 Cemetery Operating 502,770 502,770   296 Elgin Recreation 8,829,950 8,829,950   301 Corporate Bond Fund 7,168,990 2,708,643 $4,460,347   Add: 1% for Loss of Collection  44,603  TOTAL AMOUNT TO BE RAISED BY TAXATION – CORPORATE BOND FUND    $4,504,950        280 Social Security 2,179,355 0 2,179,355   Add: 1% for Loss of Collection   21,795  TOTAL AMOUNT TO BE RAISED BY TAXATION –SOCIAL SECURITY    $2,201,150        280 Illinois Municipal Retirement Fund 7,160,615 5,379,575 1,781,040   Add: 1% for Loss of Collection   17,810  TOTAL AMOUNT TO BE RAISED BY TAXATION – IMRF    $1,798,850    Capital Improvement Funds     313 2013 GO Bond Project Fund 1,533,370 1,533,370   340 Park Development Fund 627,760 627,760   378 Tyler Creek 683,930 683,930   385 Capital Improvement Fund 8,157,820 8,157,820   Enterprise Funds     401 Utility Operating Fund 33,937,840 33,937,840   420 Water Development Fund 2,738,870 2,738,870   440 Sewer Development Fund 11,256,330 11,256,330   540 Golf Operating Fund 3,075,640 3,075,640    Internal Service Funds     601 Equipment Replacement 3,841,820 3,841,820   630 Risk Management Fund 10,625,820 10,625,820   635 Medical Insurance 13,600,320 13,600,320   Trust and Agency Funds     520 Cemetery Perpetual Care Fund 33,220 33,220   636 Retiree Medical Insurance 1,896,700 1,896,700   701 Police Pension Fund 8,137,410 1,009,320 $7,128,090   Add: 1% for Loss of Collections  71,280  TOTAL AMOUNT TO BE RAISED BY TAXATION - POLICE PENSION    $7,199,370    711 Fire Pension Fund 6,376,730 1,310,928 $5,065,802   Add: 1% for Loss of Collections  50,658    TOTAL AMOUNT TO BE RAISED BY TAXATION - FIRE PENSION    $5,116,460     TOTAL SPECIAL CORPORATE PURPOSES  $167,509,280  $146,894,646  $20,614,634   Add: 1% for Loss of Collections  206,146  TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES   $20,820,780    GRAND TOTAL – APPROPRIATION ALL PURPOSES  $288,185,880          TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION   $240,046,494     TOTAL TO BE RAISED BY TAXATION    $48,139,386   Add: 1% for Loss of Collections  481,394  TOTAL AMOUNT TO BE RAISED BY TAXATION    $48,620,780   The total amount of $48,620,780 levied by this ordinance for all funds. Section 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Section 3. That the City Clerk be and is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance.   s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Passed: December 16, 2015    Vote: Yeas: 8 Nays: 1    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE T27-15 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015, IN AND FOR THE CITY OF ELGIN SPECIAL SERVICES AREA NUMBER NINETEEN Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Ordinance No. T27-15 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Nineteen has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Nineteen in the City of Elgin” passed and effective on October 8, 2008; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Nineteen are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Nineteen, subject to taxation for the year 2015, the sum total of $57,140 for the following purposes. Estimated Receipts From Sources To Be 2016 Other Than Raised By Appropriation Taxation Taxation Debt Services – for payment of $57,140 $566 $56,574 principal and interest Total appropriation $57,140 Total revenues from sources other than Taxation $0 Amount to be raised by taxation $56,574 Add: 1% for loss of collection 566 Total amount to be raised by taxation for Special Service Area Number Nineteen purposes $57,140 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Nineteen. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Nineteen requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law.   s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Passed: December 16, 2015    Vote: Yeas: 8 Nays: 1    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-168 ADOPTED ADOPTING THE 2016 PRIORITY BUSINESS PLANS Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 15-168 RESOLUTION ADOPTING THE 2016 PRIORITY BUSINESS PLANS WHEREAS, the City of Elgin has previously adopted the 2013-2017 Strategic Plan (the "Strategic Plan"); and WHEREAS, the Strategic Plan contemplates the preparation of priority business plans wherein strategic priority business plans are created that identify overall missions, responsibilities, strategic initiatives, performance measures, and workload indicators; and WHEREAS, the Elgin City Council and staff engaged in strategic planning sessions throughout 2015. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council hereby adopts the attached 2016 priority business plans of the City as policy documents of the City to serve as a framework for the setting of priorities, departmental operational planning, budget development, resource allocation and leadership and management accountability.  s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Adopted: December 16, 2015    Vote: Yeas: 8 Nays: 1        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-169 ADOPTED ADOPTING THE THREE-YEAR FINANCIAL PLAN Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Resolution No. 15-169 RESOLUTION ADOPTING THE THREE-YEAR FINANCIAL PLAN WHEREAS, the City of Elgin has conducted an extensive dialogue with the community in drafting the 2016 Budget and a Three-Year Financial Plan (2016-2018); and WHEREAS, the Elgin City Council and staff engaged in strategic planning discussions throughout 2015; and WHEREAS, strategic goals and policies for the community were formulated from extensive dialogue and incorporated into the 2016 Budget and 2016-2018 Financial Plan; and WHEREAS, the City Council has conducted extensive budget reviews and policy discussions throughout the months of November and December; and WHEREAS, the Proposed 2016 Budget and 2016-2018 Financial Plan have been placed on file for public review with the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Three-Year Financial Plan is hereby adopted as a policy document of the city as an additional guide for strategic planning and operations.  s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Adopted: December 16, 2015    Vote: Yeas: 8 Nays: 1        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE G55-15 PASSED ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS Councilmember Dunne made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge. Ordinance No. G55-15 AN ORDINANCE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the fees, charges and rates for 2016 as set forth in the User Fees Exhibit from the adopted 2016 Budget 2016-2018 Financial Plan, attached hereto as Exhibit 1, be and the same are hereby established for the various city services, permits, licenses, use of facilities and other matters as set forth in such attached User Fees Exhibit. Section 2. If any provision, clause, sentence, paragraph, section or part of this ordinance including the user fees exhibit attached hereto, or the 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 circumstance 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 provision, clause, sentence, paragraph, section or part thereof had 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 to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2016.   s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Passed: December 16, 2015    Vote: Yeas: 8 Nays: 1    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE G56-15 PASSED ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G56-15 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved a negotiated settlement reached by the City of Elgin and the Service Employees International Union Local 73 Municipal Division, Elgin Public Works Chapter, also commonly known as the Public Services Employee Group; and WHEREAS, such negotiated settlement includes wages for 2016 and it is therefore necessary to implement a new salary plan for such Public Services Employee Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2016, there is hereby established the following schedule of standard hourly, annual and monthly salary ranges for the Public Services Employee Group. Pay Step Step Step Step Step Step Step  Position Title Grade 1 2 3 4 5 6 7            WATER RELIEF OPERATOR II 634 $27.9136 29.9075 31.9014 33.8952 35.8891 37.8829 39.8768    $58,060 62,208 66,355 70,502 74,649 78,796 82,944    $4,838 5,184 5,530 5,875 6,221 6,566 6,912            ENGINEERING INSPECTOR 633 $26.5844 28.4834 30.38223 32.2812 34.18018 36.0789 37.97788  INSTRUMENTATION SERVICE WORKER  $55,296 59,245 63,195 67,145 71,095 75,044 78,994  WATER TREATMENT OPERATOR II  $4,608 4,937 5,266 5,595 5,925 6,254 6,583  FLEET SERVICES LEAD MECHANIC                    AUTOMOTIVE MECHANIC 631 $25.5679 27.3942 29.2206 31.0468 32.8732 34.6993 36.5258  CREW LEADER - SEWER  $53,181 56,980 60,779 64,577 68,376 72,175 75,974  CREW LEADER - STREETS  $4,432 4,748 5,065 5,381 5,698 6,015 6,331  CREW LEADER - TRAFFIC CONTROL          CREW LEADER-WATER DISTRIBUTION          ELECTRICAL WORKER - WATER          ELECTRICAL WORKER II -PUBLIC WORKS          LAND MGT CREW LEADER          LEAD METER SHOP WORKER                    WATER RELIEF OPERATOR I 629 $24.1215 25.8442 27.5675 29.2902 31.0133 32.7363 34.4590    $50,173 53,756 57,340 60,924 64,508 68,091 71,675    $4,181 4,480 4,778 5,077 5,376 5,674 5,973            ARBORIST 628 $23.9507 25.6617 27.3724 29.0831 30.7938 32.5045 34.2153  CEMENT WORKER  $49,818 53,376 56,935 60,493 64,051 67,609 71,168  UTILITY MAINTENANCE MECHANIC  $4,151 4,448 4,745 5,041 5,338 5,634 5,931            EQUIPMENT OPERATOR - SEWERS 626 $22.9728 24.6136 26.2547 27.8953 29.5365 31.1773 32.8181  EQUIPMENT OPERATOR - STREETS  $47,783 51,196 54,610 58,022 61,436 64,849 68,262  EQUIPMENT OPERATOR - WATER DIST  $3,982 4,266 4,551 4,835 5,120 5,404 5,688  WATER TREATMENT OPERATOR I                    GOLF COURSE MECHANIC 624 $22.0408 23.6149 25.1894 26.7639 28.3380 29.9126 31.4869  GREENS WORKER  $45,845 49,119 52,394 55,669 58,943 62,218 65,493  LAND MGT MAINTENANCE TECHNICIAN  $3,820 4,093 4,366 4,639 4,912 5,185 5,458  LAND MGT SAFETY INSPECTOR          SIGNS LEAD WORKER          SPORTS COMPLEX LEAD WORKER          SPORTS COMPLEX COORDINATOR          WATER DISTRIBUTION INSPECTOR          WATER SERVICE PERSON                    LAND MGT GROUNDS WORKER 623 $21.6404 23.1861 24.7318 26.2776 27.8233 29.3691 30.9148  UTILITY WORKER - SEWERS  $45,012 48,227 51,442 54,657 57,873 61,088 64,303  UTILITY WORKER - STREETS  $3,751 4,019 4,287 4,555 4,823 5,091 5,359  UTILITY WORKER - TRAFFIC          UTILITY WORKER - WATER DIST.          WATER METER SERVICER          WATER TREATMENT LABORER                    WATER METER MAINTENANCE PERSON 620 $20.3850 21.8411 23.2972 24.7532 26.2094 27.6653 29.1214  WATER LABORATORY ASSISTANT  $42,401 45,430 48,458 51,487 54,516 57,544 60,573  SERVICE MAINT. LABORER - WATER  $3,533 3,786 4,038 4,291 4,543 4,795 5,048            LAND MGT GROUNDS LABORER 613 $17.6128 18.8707 20.1288 21.3868 22.6449 23.9028 25.1609    $36,635 39,251 41,868 44,485 47,101 49,718 52,335    $3,053 3,271 3,489 3,707 3,925 4,143 4,361   Section 2. That all 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 and effect from and after January 1, 2016, upon its passage in the manner provided by law.   s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Passed: December 16, 2015    Vote: Yeas: 9 Nays: 0    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE G57-15 PASSED ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G57-15 AN ORDINANCE ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2016, there is hereby established the following offices and positions and schedule of standard monthly and annual salary ranges for the City's Non-Bargaining Unit Member Group: Benefit Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7  Position Title Group Grade                     CORPORATION COUNSEL/CHIEF DEVELOPMENT OFFICER A 828 $146,555 153,884 161,577 169,658 178,140 187,046 196,399     $12,213 12,824 13,465 14,138 14,845 15,587 16,367             (NO POSITIONS IN GRADE) A 827 $139,577 146,555 153,884 161,577 169,658 178,140 187,046     $11,631 12,213 12,824 13,465 14,138 14,845 15,587                        (NO POSITIONS IN GRADE) A 826 $132,930 139,576 146,555 153,884 161,578 169,658 178,140     $11,078 11,631 12,213 12,824 13,465 14,138 14,845                        FIRE CHIEF A 825 $126,601 132,930 139,576 146,555 153,884 161,577 169,658  POLICE CHIEF A  $10,550 11,078 11,631 12,213 12,824 13,465 14,138                        (NO POSITIONS IN GRADE)  824 $120,571 126,601 132,930 139,576 146,555 153,884 161,577     $10,048 10,550 11,078 11,631 12,213 12,824 13,465                        ASSISTANT CITY MANAGER/CHIEF OPERATING OFFICER A 823 $114,831 120,571 126,601 132,930 139,576 146,555 153,884  CHIEF FINANCIAL OFFICER A  $9,569 10,048 10,550 11,078 11,631 12,213 12,824  PUBLIC SERVICES DIRECTOR A                                COMMUNITY DEV DIRECTOR A 822 $109,361 114,831 120,571 126,601 132,930 139,576 146,555  HUMAN RESOURCES DIRECTOR A  $9,113 9,569 10,048 10,550 11,078 11,631 12,213  INFORMATION TECHNOLOGY A          SERVICES DIRECTOR A                                ASSISTANT FIRE CHIEF A 821 $104,154 109,361 114,831 120,571 126,601 132,930 139,576  COMMUNICATIONS DIRECTOR A  $8,679 9,113 9,569 10,048 10,550 11,078 11,631  PARKS AND RECREATION DIRECTOR A          POLICE DEPUTY CHIEF A                                311 CITIZEN SERVICES DIRECTOR A 820 $99,194 104,154 109,361 114,831 120,571 126,601 132,930  BATTALION CHIEF (FIRE) A  $8,266 8,679 9,113 9,569 10,048 10,550 11,078  POLICE COMMANDER A                                ASSISTANT CORP COUNSEL II B 819 $94,471 99,194 104,154 109,361 114,831 120,571 126,601  CITY ENGINEER A  $7,873 8,266 8,679 9,113 9,569 10,048 10,550  ECONOMIC DEVELOPMENT DIRECTOR A          RECREATION & FACILITIES SUPT . B          WATER DIRECTOR A                                FIRE MARSHAL A 818 $89,972 94,471 99,194 104,154 109,361 114,831 120,571  POLICE LIEUTENANT B  $7,498 7,873 8,266 8,679 9,113 9,569 10,048                        BUILDING MAINTENANCE SUPT B 817 $85,688 89,972 94,471 99,194 104,154 109,361 114,831  PURCHASING OFFICER B  $7,141 7,498 7,873 8,266 8,679 9,113 9,569  PROFESSIONAL STANDARDS OFFICER B          PUBLIC WORKS SUPERINTENDENT B          SENIOR ENGINEER - DEVELOPMENT B          SENIOR PLANNER B          CHIEF WATER PLANT OPERATOR B                                ASSISTANT CORP COUNSEL I B 816 $81,608 85,688 89,972 94,471 99,194 104,154 109,361  ENGINEER II B  $6,801 7,141 7,498 7,873 8,266 8,679 9,113  GOLF OPERATIONS DIRECTOR B          POLICE SERGEANT B                                BUILDING & DEVELOPMENT MANAGER B 815 $77,722 81,608 85,688 89,972 94,471 99,194 104,154  CITIZEN SERVICE SUPERVISOR B  $6,477 6,801 7,141 7,498 7,873 8,266 8,679  CITY CLERK B          CODE ENFORCEMENT MANAGER B          CULTURAL CENTER DIRECTOR B          FINANCE MANAGER B                                CENTRE ASSOCIATE MANAGER – CUSTOMER SERVICE C 814 $74,019 77,722 81,608 85,688 89,972 94,471 99,194  CENTRE ASSOCIATE MANAGER- OPERATIONS C  $6,168 6,477 6,801 7,141 7,498 7,873 8,266  ENGINEER I C          ITS NETWORK MANAGER C          ITS SENIOR DATABASE ANALYST C           PUBLIC WORKS SUPERVISOR C          SENIOR HUMAN RESOURCES ADVISOR C          SENIOR MANAGEMENT ANALYST C          SR. PUBLIC SAFETY SYSTEMS SPEC. C          DEPUTY DIRECTOR OF EMERGENCY COMMUNICATIONS C                                FIRE CODE OFFICIAL B 813 $70,495 74,019 77,722 81,608 85,688 89,972 94,471  GOLF COURSE SUPERINTENDENT B  $5,875 6,168 6,477 6,801 7,141 7,498 7,873                        311 CITIZEN SERVICES COORDINATOR C 812 $67,139 70,495 74,019 77,722 81,608 85,688 89,972  GIS PLANNER C  $5,595 5,875 6,168 6,477 6,801 7,141 7,498  ITS SPECIALIST NETWORK ADMIN C          ITS TRAINING SPECIALIST C                                ASSOCIATE PLANNER C 811 $63,941 67,139 70,495 74,019 77,722 81,608 85,688  HISTORIC PRESERVATION PLANNER C  $5,328 5,595 5,875 6,168 6,477 6,801 7,141  PLAN EXAMINER C          PUBLIC HEALTH COORDINATOR C          PUBLIC SAFETY COMMUNICATIONS SHIFT SUPERVISOR C          VICTIM ASSISTANCE COORDINATOR C                                ACCOUNTANT C 810 $60,896 63,941 67,139 70,495 74,019 77,722 81,608  ASST GOLF OPERATIONS DIRECTOR C  $5,075 5,328 5,595 5,875 6,168 6,477 6,801  CHEMIST C          EXECUTIVE ASSISTANT* C          LEGAL SECRETARY/PARALEGAL* C          PUBLIC SAFETY SUPERVISOR – PLANNING & RESEARCH C          RISK MANAGEMENT ASSISTANT C          SENIOR RECREATION SUPERVISOR – AQUATIC PROGRAMS C          SENIOR RECREATION SUPERVISOR – ERC PROGRAMS C          SENIOR RECREATION SUPERVISOR – COMMUNITY PROGRAMS C          SENIOR RECREATION SUPERVISOR – HEALTH & FITNESS PROGRAMS C          SPECIAL EVENTS & COMMUNITY – ENGAGEMENT COORDINATOR C                                ERC PROGRAM SUPERVISOR C 809 $57,997 60,896 63,941 67,139 70,495 74,019 77,722  PUBLIC SAFETY SYSTEM SPECIALIST C  $4,833 5,075 5,328 5,595 5,875 6,168 6,477                        HEMMENS ASST TECHNICAL SUPV  C 808 $55,235 57,997 60,896 63,941 67,139 70,495 74,019  HUMAN RESOURCES ADVISOR C  $4,603 4,833 5,075 5,328 5,595 5,875 6,168  MANAGEMENT ANALYST C          RECREATION MEMBERSHIP COORD C          RECREATION SOFTWARE SPECIALIST C                                ACCOUNTING TECHNICIAN C 807 $52,604 55,235 57,997 60,896 63,941 67,139 70,495  ITS HELP DESK-USER SUPPORT C  $4,384 4,603 4,833 5,075 5,328 5,595 5,875  PUBLIC SAFETY PROPERTY/EVIDENCE TECHNICIAN C          GIS ANALYST C                                311 GRADUATE INTERN (ONE STEP) C 806 $50,100 52,604 55,235 57,997 60,896 63,941 67,139  ADMINISTRATIVE ASSISTANT II* C  $4,175 4,384 4,603 4,833 5,075 5,328 5,595  DEPUTY CITY CLERK* C          LEGAL SECRETARY* C                                FLEET SERVICE ASSISTANT C 805 $47,716 50,100 52,604 55,235 57,997 60,896 63,941     $3,976 4,175 4,384 4,603 4,833 5,075 5,328                        ADMINISTRATIVE ASSISTANT I* C 804 $45,443 47,716 50,100 52,604 55,235 57,997 60,896  COMMUNITY OUTREACH SPECIALIST C  $3,787 3,976 4,175 4,384 4,603 4,833 5,075  PATRON RELATIONS SUPERVISOR C                                COMMUNITY RESTIT. WORK COORD C 803 $43,277 45,443 47,716 50,100 52,604 55,235 57,997  ERC OFFICE MANAGER C  $3,606 3,787 3,976 4,175 4,384 4,603 4,833  PARKING CONTROL SUPERVISOR C                                 (NO POSITIONS IN GRADE)  802 $41,217 43,277 45,443 47,716 50,100 52,604 55,235     $3,435 3,606 3,787 3,976 4,175 4,384 4,603             (NO POSITIONS IN GRADE)  801 $39,254 41,217 43,277 45,443 47,716 50,100 52,604     $3,271 3,435 3,606 3,787 3,976 4,175 4,384   *(Confidential position)            Section 2. That the following benefit program is hereby established: Group A 1) Vacation - 1 to 9 years of service - 3 weeks 10 years to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager in the city manager’s discretion may also consider and include up to nine (9) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to nine (9) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave For employees hired prior to March 1, 2010, sixty (60) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, thirty (30) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 6) Fire Battalion Chiefs - Fire Battalion Chiefs shall be paid at their current hourly rate of pay at straight time for hours worked filling a vacant shift position on a scheduled day off which otherwise would have been filled by overtime. This provision shall relate only to shift positions only and not any other duties. 7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Group B 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 10 years of service - 3 weeks 11 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, thirty (30) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, twenty (20) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not or an additional eight (8) hours of compensatory time for each holiday if they so select. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 6) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Lieutenants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Group C 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service - 3 weeks 12 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, fifteen (15) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, fifteen (15) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive an additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not or an additional eight (8) hours of compensatory time for each holiday if they so select. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 6) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Sergeants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for hours worked over 8.25 hours per day. Police Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 7) Personal Days - Three (3) personal days shall be provided per year. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Police Management Sick Leave Bonus. All police management employees on the active payroll as of the beginning of a payroll year, shall have established a $240 sick leave occurrence bank. For each 8 hours of sick leave used during a payroll year, $40.00 shall be deducted from the employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll year shall receive a voucher payment equal to the balance remaining in their individual sick leave bonus bank. Police Management Voluntary Fitness Program. Police management personnel shall be eligible to participate in the police department's voluntary physical fitness program under the same terms and conditions provided for other police department employees. Medical Insurance for Groups A, B, and C - Comprehensive major medical insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage options. Effective March 1, 2010, for employees hired prior to March 1, 2010, the City will pay 85% of the specified premium for the coverage selected (i.e., single, single plus one, or family) and the employee will pay via payroll deduction the remaining 15% of the specified premium. Effective March 1, 2010, for employees hired on or after March 1, 2010, the City will pay 80% of the specified premium for the coverage selected (i.e., single, single plus one, or family) and the employee will pay via payroll deduction the remaining 20% of the specified premium. Notwithstanding anything to the contrary in Ordinance G70-02, as amended, employees hired on or after March 1, 2010, shall not be eligible to continue to participate in the City’s group health insurance plan pursuant to Ordinance No. G70-02, as amended. Employees who have alternative health insurance coverage may elect to discontinue to participate in the City’s health insurance plan pursuant to the City’s health insurance opt out program adopted pursuant to Resolution No. 05-38, as amended by Resolution No. 09-24. The opt out benefit to such employees shall be in the annual amount of $3,000 prorated based upon employment with the city during the applicable plan year and shall be paid at the employee’s option either to a Health Reimbursement Account or in the form of additional compensation to the employee to be paid in a lump sum, less appropriate deductions, on December 1 in the applicable plan year. Vacation and Sick Leave Buy Back for Groups A, B, and C - Effective January 1, 2010, an employee determined by the City Manager in the City Manager’s sole and exclusive discretion to be outstanding and deserving of a performance reward may sell back to the City at the employee’s then current salary rate up to five (5) accrued and unused vacation days each calendar year and up to five (5) accrued and unused sick days each calendar year. The determination by the City Manager as to whether any employee qualifies for such vacation and/or sick leave buy back and the amount thereof shall be in the sole and exclusive discretion of the City Manager and shall not be subject to any review, appeal, grievance and/or arbitration procedures. 401 (a) Plan for Groups A, B, and C - Effective March 14, 2010, the City’s deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non-contract (Management Group) employees, whereby the City contributed 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program, shall be terminated. Longevity Pay for Groups A, B, and C - Effective March 14, 2010, employees hired prior to January 1, 2010, shall receive as additional earnings annual longevity pay in the amount of an additional 4% of the employee’s annual salary. Longevity pay shall be paid to employees in installments with each payroll. Employees hired on or after March 1, 2010, shall not be eligible for or receive longevity pay. Sick Leave Conversion For Vacation Leave – Accrued sick leave over 480 hours (60 days) (or over 720 hours (60-12 hour days) for fire shift employees) may be converted at the rate of three (3) days of sick leave for one (1) day of vacation leave. Such conversion is limited to a maximum of five (5) days of vacation leave (or 12-12 hour periods for fire shift employees) in any one calendar year. The minimum balance of sick leave after such conversion shall not be less than 60 days. Sick Leave Conversion for Severance Pay – Upon retirement or leaving city employment in good standing, employees may be eligible to convert accrued sick leave for severance pay. An employee with accrued sick leave of more than 720 hours (90) days (or 1,080 hours (90-12 hour days) for fire shift employees) may convert up to a maximum of 20 days or 160 hours of sick leave for severance pay (240 hours for fire shift employees), as long as the remaining balance of accrued sick leave does not total less than 90 days of accrued sick leave. Such conversion shall be at the rate of three (3) days of sick leave for one (1) day of severance pay. Accrued sick leave applied by an employee for IMRF service credit shall not be eligible for sick leave conversion for severance pay. Adjustment of Pay Grades Within Groups A, B and C - The City Manager, in the City Manager’s discretion, may either increase or decrease the pay grades for positions within the non-bargaining unit member group based upon the completion of periodic salary or market surveys. Such adjustments shall be limited to movement within the A, B and C benefit group classifications and shall not exceed the maximum amount of compensation within the benefit group as established by the City Council in the most recent ordinance establishing the pay and benefit plans for the non-bargaining unit member group. Such adjustments of pay grades by the City Manager shall be identified in the subsequent ordinance to be adopted by the City Council establishing a pay and benefit plan for the non-bargaining unit member group. Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2016, upon its passage in the manner provided by law.   s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Passed: December 16, 2015    Vote: Yeas: 9 Nays: 0    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     PETITION 23-15 REMOVED FROM THE TABLE AND APPROVED FOR 2640 AND 2650 AUTOMALL DRIVE; AN APPLICATION BY ZILBER PROPERTY GROUP/TOWNE REALTY, INC., REQUESTING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE G68-07 AND DEVELOPMENT PLAN APPROVAL FOR A NEW 257,313 SQUARE FOOT INDUSTRIAL BUILDING Councilmember Dunne made a motion, seconded by Councilmember Steffen, to remove Petition 23-15 from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Marc Mylott, Community Development Director, outlined Petition 23-15 and noted that staff and the Planning and Zoning Commission recommended approval subject to conditions. Councilmember Shaw made a motion, seconded by Councilmember Dunne, to approve Petition 23-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITION 21-15 APPROVED FOR 980 LAMBERT LANE; AN APPLICATION BY EUROPE HOLDINGS, LLC, REQUESTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO PGI PLANNED GENERAL INDUSTRIAL DISTRICT, TO DEVELOP THE PROPERTY WITH A NEW FACILITY FOR TRUCKING, FREIGHT FORWARDING, WAREHOUSING AND GENERAL OFFICE SPACE Marc Mylott, Community Development Director, outlined Petition 21-15 highlighting the changes to building orientation and landscaping from the original plan submission. Staff and the Planning and Zoning Commission recommended approval subject to conditions. There was discussion regarding the landscaping, the entryway, impact on infrastructure and the traffic in the area. Councilmember Shaw made a motion, seconded by Councilmember Prigge, to approve Petition 21-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. RESOLUTION 15-170 ADOPTED ACCEPTING THE KANE COUNTY DUI TASK FORCE GRANT FOR REIMBURSEMENT FUNDS REGARDING IMPAIRED DRIVING ENFORCEMENT AND SPECIALIZED EQUIPMENT Councilmember Gavin made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-170 RESOLUTION ACCEPTING THE KANE COUNTY DUI TASK FORCE GRANT FOR REIMBURSEMENT FUNDS REGARDING IMPAIRED DRIVING ENFORCEMENT AND SPECIALIZED EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois, hereby accepts the Kane County DUI Task Force Grant in the amount of $18,000 for reimbursement funds regarding impaired driving enforcement and specialized equipment. BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program.  s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Adopted: December 16, 2015    Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-171 ADOPTED AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT TO REDEVELOPMENT AGREEMENT WITH CAPSTONE DEVELOPMENT GROUP, LLC (100 E. CHICAGO STREET) Councilmember Powell made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. Resolution No. 15-171 RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT AGREEMENT TO REDEVELOPMENT AGREEMENT WITH CAPSTONE DEVELOPMENT GROUP, LLC (100 E. Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute second amendment agreement to redevelopment agreement on behalf of the City of Elgin with Capstone Development Group, LLC, a copy of which is attached hereto and made a part hereof by reference.  s/ David J. Kaptain    David J. Kaptain, Mayor           Presented: December 16, 2015    Adopted: December 16, 2015    Vote: Yeas: 8 Nays: 0 Abstain: 1        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. S4-15 and G50-15 through G54-15, as well as adopt Resolution Nos. 15-158 through 15-167 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 15-158 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-158 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. WHEREAS, DSM Desotech, Inc., a Delaware corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM Desotech, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference.  s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-159 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS, INC. Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-159 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS, INC. WHEREAS, Illinois Tool Works, Inc., an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with Illinois Tool Works, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference.  s/ David J. Kaptain    David J. Kaptain, Mayor   Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-160 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-160 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES WHEREAS, St. Charles Street Properties, an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference.  s/ David J. Kaptain    David J. Kaptain, Mayor           Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-161 ADOPTED AUTHORIZING EXECUTION OF NINTH AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION ENGINEERING SERVICES REGARDING THE 2015 ROADWAY AND STREETSCAPE IMPROVEMENTS IN CONNECTION WITH THE CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE PROGRAM Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-161 RESOLUTION AUTHORIZING EXECUTION OF NINTH AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION ENGINEERING SERVICES REGARDING THE 2015 ROADWAY AND STREETSCAPE IMPROVEMENTS IN CONNECTION WITH THE CENTRAL BUSINESS DISTRICT STREET RESURFACING AND STREETSCAPE PROGRAM 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 Ninth Amendment Agreement on behalf of the City of Elgin with TranSystems Corporation for supplemental construction administration engineering services regarding the 2015 roadway and streetscape improvements and specifically for the roadways of Highland Avenue, Chicago Street and the frontage road along State Street in addition to the Highland and the Chicago Street Bridges in connection with the Central Business District Street Resurfacing and Streetscape Program, a copy of which is attached hereto and made a part hereof by reference.  s/ David J. Kaptain    David J. Kaptain, Mayor           Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE G50-15 PASSED REPEALING THE AMENDATORY PROVISIONS OF ORDINANCE NO. G57-14 REGARDING THE DEFINITION AND SUPPLEMENTARY REGULATIONS FOR MEDICAL CANNABIS DISPENSING ORGANIZATIONS Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G50-15 AN ORDINANCE REPEALING THE AMENDATORY PROVISIONS OF ORDINANCE NO. G57-14 REGARDING THE DEFINITION AND SUPPLEMENTARY REGULATIONS FOR MEDICAL CANNABIS DISPENSING ORGANIZATIONS WHEREAS, on February 12, 2014, the city council of the City of Elgin adopted Ordinance No. G9-14 amending Title 19 of the Elgin Municipal Code, 1976, as amended, entitled "Zoning" to provide for regulations relating to medical cannabis; and WHEREAS, on October 8, 2014, the city council adopted Ordinance No. G57-14 amending Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions and Regulations" regarding the definition and supplementary regulations for Medical Cannabis Dispensing Organizations; and WHEREAS, the City is a defendant in Case No. 14 MR 1227 pending in the Circuit Court of Kane County, under which the provisions of Ordinance No. G57-14 amending Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, regarding the definition and supplementary regulations for Medical Cannabis Dispensing Organizations are at issue; and WHEREAS, because there is no pending application for a Medical Cannabis Dispensing Organization in the City, and because the city council desires to minimize the cost of unnecessary litigation, the city council has determined that it is appropriate to repeal the amendatory provisions of Ordinance No. G57-14, so as to return to the definition and regulations for medical cannabis dispensing organizations as originally provided in Ordinance G9-14. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the amendatory provisions of Ordinance No. G57-14 be and are hereby repealed, it being the intent of this ordinance that the definition and regulations for a Medical Cannabis Dispensing Organization [SR] shall be as originally provided in Ordinance No. G9-14. Section 2. That all ordinances are parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. 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: December 16, 2015    Passed: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-162 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH LAZAR BROTHERS ENTERPRISES, INC. D/B/A OASIS ON 20 (3191 U.S. HIGHWAY 20) Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-162 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH LAZAR BROTHERS ENTERPRISES, INC. D/B/A OASIS ON 20 (3191 U.S. Highway 20) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law.  s/ David J. Kaptain    David J. Kaptain, Mayor           Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE S4-15 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (3191 U.S. HIGHWAY 20) Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. S4-15 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (3191 U. S. Highway 20) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of the East Half of the Northeast Quarter of said Section; thence South along the “Eighty” line 16 chains, 50 links to the center of the State Road; thence South 64 Degrees 5 minutes East along the center of said road 8 chains 70 links for the place of beginning; thence South 31 ½ degrees West 12 chains 1 ½ links; thence North 64 degrees 5 minutes West 4 chains 39 links; thence North 31 ½ degrees East 12 chains and 1 ½ links to the center of the State Road; thence South 64 degrees 5 minute East along the center of said road 4 chains and 39 links to the place of beginning, (except that part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at an iron pipe at the Northwest corner of the; East Half of the Northeast Quarter of said Section 18; thence on an assumed bearing South 00 degrees 14 minutes 36 seconds East 1088.90 feet to the center line of U.S. Route 20; thence Southeast 283.06 feet along a curve to the left having a radius of 20,000.00 feet chord bears South 64 degrees 42 minutes 24 seconds, East 283.06 feet) on said centerline to the point of beginning; thence continuing 89.97 feet along a curve to the left having a radius of 20,000.00 feet (chord bears, South 65 degrees 14 minutes 28 seconds East 89.97 feet) on said centerline; thence South 65 degrees 22 minutes 12 seconds East 162.46 feet on said centerline of U.S. Route 20 to the centerline of Nesler Road; thence South 31 degrees 10 minutes 24 seconds West 800.46 feet on said centerline of Nesler Road; thence North 64 degrees 27 minutes 08 seconds West 33.16 feet to the West right of way line of Nesler Road per Document Number 1365639; thence North 31 degrees 10 minutes 24 seconds East 732.21 feet on said West right of way line; thence North 34 degrees 19 minutes 42 seconds West 40.24 feet; thence Northwest 220.15 feet along a curve to the right having a radius of 30,105.95 feet (chord bears North 65 degrees 16 minutes 35 seconds West 220.15 feet); thence North 31 degrees 10 minutes 52 seconds East 46.64 feet to the centerline of U.S. Route 20, said point also being the point of beginning) in Elgin Township, Kane County, Illinois. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. 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: December 16, 2015    Passed: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE G51-15 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (3191 U.S. HIGHWAY 20 THE LAZAR BROTHERS D/B/A OASIS ON 20) Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G51-15 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (3191 U.S. Highway 20 The Lazar Brothers D/B/A: Oasis on 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory within a PAB Planned Area Business District; 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, 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 Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property:” That part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of the East Half of the Northeast Quarter of said Section; thence South along the “Eighty” line 16 chains, 50 links to the center of the State Road; thence South 64 Degrees 5 minutes East along the center of said road 8 chains 70 links for the place of beginning; thence South 31 ½ degrees West 12 chains 1 ½ links; thence North 64 degrees 5 minutes West 4 chains 39 links; thence North 31 ½ degrees East 12 chains and 1 ½ links to the center of the State Road; thence South 64 degrees 5 minute East along the center of said road 4 chains and 39 links to the place of beginning, (except that part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at an iron pipe at the Northwest corner of the; East Half of the Northeast Quarter of said Section 18; thence on an assumed bearing South 00 degrees 14 minutes 36 seconds East 1088.90 feet to the centerline of U.S. Route 20; thence Southeast 283.06 feet along a curve to the left having a radius of 20,000.00 feet chord bears South 64 degrees 42 minutes 24 seconds, East 283.06 feet) on said centerline to the point of beginning; thence continuing 89.97 feet along a curve to the left having a radius of 20,000.00 feet (chord bears, South 65 degrees 14 minutes 28 seconds East 89.97 feet) on said centerline; thence South 65 degrees 22 minutes 12 seconds East 162.46 feet on said centerline of U.S. Route 20 to the centerline of Nesler Road; thence South 31 degrees 10 minutes 24 seconds West 800.46 feet on said centerline of Nesler Road; thence North 64 degrees 27 minutes 08 seconds West 33.16 feet to the West right of way line of Nesler Road per Document Number 1365639; thence North 31 degrees 10 minutes 24 seconds East 732.21 feet on said West right of way line; thence North 34 degrees 19 minutes 42 seconds West 40.24 feet; thence Northwest 220.15 feet along a curve to the right having a radius of 30,105.95 feet (chord bears North 65 degrees 16 minutes 35 seconds West 220.15 feet); thence North 31 degrees 10 minutes 52 seconds East 46.64 feet to the centerline of U.S. Route 20, said point also being the point of beginning) in Elgin Township, Kane County, Illinois (property commonly known as 3191 U.S. Highway 20) Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting populations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PAB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: 1. Residences Division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 3. Offices Division: "Offices" [SR] (UNCL). 4. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 5. Services Division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Billiard parlors (7999). Bingo parlors (7999). "Car washes" [SR] (7542). Carpet and upholstery cleaning agents without plants on the premises (7217). Coin-operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer-related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Dance studios and schools (791). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Funeral service (726). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Membership sports and recreation clubs (7997). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). Motion picture theaters (7832). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Physical fitness facilities (7991). Pool parlors (7999). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair (7623). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 6. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). "Motor vehicle service stations" [SR] (554). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). Used building materials (5932). Used merchandise stores (593). 7. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 10. Wholesale Trade Division: Apparel piece goods and notions (513). Drugs, drug proprietaries, and druggists' sundries (512). Electrical goods (506). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Professional and commercial equipment and supplies (504). 11. Transportation, Communication and Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 12. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Accessory package liquor sales establishment" [SR] (UNCL)."Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.47 of this Title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Ballrooms (7911). Bowling centers (7933). Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Discotheques (7911). Drive-in motion picture theaters (7833). "Home child daycare services" [SR] (8351). Individual and family social services (832). Massage parlors (7299). Organization hotels and lodging houses, on membership basis (704). 4. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941). "Package liquor sales establishments" [SR] (5921). 5. Agricultural Division: "Kennels" [SR] (0752). 6. Mining Division: 7. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 8. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Heliports (458). Pipelines, except natural gas (461). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the AB Area Business District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of the Elgin Municipal Code: 1. Services Division: Amusement and recreational services not elsewhere classified (7999). Business services not elsewhere classified (7389). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Wholesale Trade Division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). 3. Transportation, Communication, and Utilities Division: Transportation services not elsewhere classified (4789). G. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the southerly piece of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. The development of land and structures shall be in substantial conformance with the following: Substantial conformance with the Development Application submittal comprising of the following documents: Development Application and Statement of Purpose prepared by Ambrose Design Group, LLC received on January 28, 2015. In the event of any conflict between such documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. Plat of Survey comprising of an ALTA/ACSM Land Title Survey prepared by Alan J. Coulson, PC, Professional Land Surveyors dated January 10, 2014 Preliminary Engineering Plans entitled “Gas Station and Convenience Store,” Sheets C-1 through C-7 prepared by Northwestern Engineering Consultants, P.C. dated April 23, 2014 and last revised on July 22, 2015, also including the following stormwater management calculations: Preliminary Stormwater Management calculations 0 Gas Station and Convenience Store dated July 14, 2015 Preliminary Retention/detention Calculations for Off-Site Driveway in connection with Gas station at SW Corner of US20/Nesler dated July 20, 2015. Truck Turning Plan, Sheet TR-1, prepared by Ambrose Design Group, LLC, dated June 4, 2012. Letter from the Illinois Department of Transportation dated June 12, 2013 prepared by Thomas Gallenbach, P.E., providing concurrence with the conceptual design of the development. Preliminary Landscape Plans prepared by Heller & Associates, dated July 24, 2015 Preliminary Floor Plans, Building Elevations and Graphics submittal containing the following sheets prepared by Ambrose Design Group dated December 17, 2013 and last revised on August 31, 2015: A-1, A-2 – Exterior Building Elevations A-3 – Floor Plan C-1 – Canopy Elevation Y-1 – Trash Enclosure Plan Elevation Details FS-1 – Sign Plan Exterior Lighting Application entitled “Parent Petroleum” prepared by Red Leonard Associates dated July 15, 2015. Future development of the southerly portion of the property shall require Planned Development Approval through a public hearing and City Council Approval. The subject property shall be provided with access to the adjacent property to the west by means of a private drive extending from Shannon Parkway to the westerly extent of the subject property. The final alignment and specifications of the driveway shall be designed per the requirements of the Community Development, Engineering and Fire departments. In the event of the development of the vacant commercial property to the west, the property owner shall install landscape material within vehicle use area landscape yards that will be designed to separate the land uses on the subject property with those on the adjacent property to the west. Compliance with all applicable codes and ordinances. H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PAB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. M. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by petition of a lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. 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: December 16, 2015    Passed: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-163 ADOPTED APPROVING SITE PLAN FOR LAZAR BROTHERS ENTERPRISES, INC. D/B/A OASIS ON 20 Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-163 RESOLUTION APPROVING SITE PLAN FOR LAZAR BROTHERS ENTERPRISES, INC. d/b/a OASIS ON 20 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the site plan prepared by Northwestern Engineering Consultants, P.C. dated April 23, 2014, last revised July 22, 2015, for Lazar Brothers Enterprises, Inc. d/b/a Oasis on 20.  s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-164 ADOPTED AUTHORIZING EXECUTION OF FOURTH AMENDMENT TO ANNEXATION AGREEMENT WITH WEST POINT GARDENS SOUTH, LLC (100 NESLER ROAD-WEST POINT GARDENS SOUTH) Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-164 RESOLUTION AUTHORIZING EXECUTION OF FOURTH AMENDMENT TO ANNEXATION AGREEMENT WITH WEST POINT GARDENS SOUTH, LLC (100 Nesler Road – West Point Gardens South) WHEREAS, the Owner of certain property commonly known as West Point Gardens South, 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 Fourth Amendment to Annexation Agreement with West Point Gardens South 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Fourth Amendment to Annexation Agreement with West Point Gardens South, LLC, a copy of which is attached hereto.  s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE G52-15 PASSED AMENDING PCF PLANNED COMMUNITY FACILITIES DISTRICT ORDINANCE NO. G7-05 (100 NESLER ROAD-WEST POINT GARDENS SOUTH) Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G52-15 AN ORDINANCE AMENDING PCF PLANNED COMMUNITY FACILITIES DISTRICT ORDINANCE NO. G7-05 (100 Nesler Road – West Point Gardens South) WHEREAS, the territory herein described has been annexed to the City of Elgin and originally classified in the PCF Planned Community Facilities District under Ordinance No. G7-05; and WHEREAS, written application has been made to amend PCF Planned Community Facilities District Ordinance No. G7-05 to permit the reconfiguration of the Preliminary Plat of West Point Gardens Subdivision; and WHEREAS, the developer intends to reconfigure the approved preliminary plat of the southerly portion of the subdivision which was originally configured with rear, alley-loaded garages and develop it with traditional street fronting single family lots; and WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted public hearings 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 & 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 November 2, 2015, and the recommendations made by the Community Development Department and 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. G7-05 entitled “An Ordinance Classifying Territory in the PCF Planned Community Facility District – Meier Property – 100 Nesler Road,” passed on January 12, 2005, be and is hereby amended only as set forth in this ordinance by amending Paragraph G entitled Site Design through the addition of the following subparagraph to read as follows: 5. The preliminary plat for West Point Gardens Subdivision shall be amended in conformance with the Preliminary Plat of West Point Gardens South prepared by Manhard Consulting, Ltd., dated July 31, 2015, subject to the following conditions: a. Substantial conformance with the Development Application, Statement of Purpose and attachments prepared by John Luczynski of J. Edward Land, LLC received on August 19, 2015. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. b. Substantial conformance with the Preliminary Plat of West Point Gardens South Sheets 1-3, prepared by Manhard Consulting Ltd, dated July 21, 2015. c. Substantial conformance with the Final Plat of Subdivision for West Point Gardens South Phase 1, Sheets 1-2, prepared by Manhard Consulting Ltd, dated July 31, 2015, contingent upon final revisions of the Community Development Department, Engineering Department, Water Department and Fire Department. d. Preliminary Engineering plans entitled “Proposed Improvements for West Point Gardens South, Sheets 1-39, prepared by Manhard Consulting Ltd, dated September 30, 2015, along with the Final Stormwater permit application and Supplemental Drainage Calculations for West Point Gardens South, also prepared by Manhard Consulting Ltd, dated September 30, 2015. e. 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. G7-05. 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 G7-05, 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.   s/ David J. Kaptain    David J. Kaptain, Mayor           Presented: December 16, 2015    Passed: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE G53-15 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G74-08 (100 NESLER ROAD-WEST POINT GARDENS SOUTH) Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G53-15 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G74-08 (100 Nesler Road – West Point Gardens South) 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. G74-08; and WHEREAS, written application has been made to amend PSFR2 Planned Single Family Residence District Ordinance No. G74-08 to permit the reconfiguration of the Preliminary Plat of West Point Gardens Subdivision; and WHEREAS, the developer intends to reconfigure the approved preliminary plat of the southerly portion of the subdivision which was originally configured with rear, alley-loaded garages and develop it with traditional street fronting single family lots; and WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted public hearings 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 & 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 November 2, 2015, and the recommendations made by the Community Development Department and 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. G78-04 entitled “An Ordinance Amending PSFR2 Planned Single Family Residence District Ordinance G6-05 – West Point Gardens Subdivision – 100 Nesler Road,” passed on November 5, 2008, be and is hereby amended only as set forth in this ordinance by amending Section 4G entitled Site Design, subparagraph 13 entitled Supplementary Conditions through the addition of Subparagraph “g” to read as follows: g. The Preliminary Plat for West Point Gardens shall be amended in substantial conformance with the Preliminary Plat of West Point Gardens South prepared by Manhard Consulting, Ltd., dated July 31, 2015 subject to the following conditions: i. Substantial conformance with the Development Application, Statement of Purpose and attachments prepared by John Luczynski of J. Edward Land, LLC received on August 19, 2015. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. ii. Substantial conformance with the Preliminary Plat of West Point Gardens South Sheets 1-3, prepared by Manhard Consulting Ltd, dated July 21, 2015. iii. Substantial conformance with the Final Plat of Subdivision for West Point Gardens South Phase 1, Sheets 1-2, prepared by Manhard Consulting Ltd, dated July 31, 2015, contingent upon final revisions of the Community Development Department, Engineering Department, Water Department and Fire Department. iv. Preliminary Engineering plans entitled “Proposed Improvements for West Point Gardens South, Sheets 1-39, prepared by Manhard Consulting Ltd, dated September 30, 2015, along with the Final Stormwater permit application and Supplemental Drainage Calculations for West Point Gardens South, also prepared by Manhard Consulting Ltd, dated September 30, 2015. v. 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. G74-08. 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 G74-08, 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.   s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Passed: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-165 ADOPTED APPROVING AN AMENDMENT TO THE PRELIMINARY PLAT FOR MEIER FARM (100 NESLER ROAD-WEST POINT GARDENS SOUTH) Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-165 RESOLUTION APPROVING AN AMENDMENT TO THE PRELIMINARY PLAT FOR MEIER FARM (100 Nesler Road – West Point Gardens South) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves of an amendment to the preliminary plat prepared by Cowhey Gudmundson Leder Ltd. dated January 3, 2005 for Meier Farm by hereby approving the Preliminary Plat of West Point Gardens South prepared by Manhard Consulting, Ltd., dated July 31, 2015. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Approval of a Final Plat shall be granted not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances.  s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-166 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MORPHOTRUST USA, LLC FOR UPGRADES TO LIVESCAN TOUCHPRINT FINGERPRINT SYSTEMS Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-166 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MORPHOTRUST USA, LLC FOR UPGRADES TO LIVESCAN TOUCHPRINT FINGERPRINT SYSTEMS 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 Agreement on behalf of the City of Elgin with MorphoTrust USA, LLC for upgrades to Livescan Touchprint fingerprint systems, a copy of which is attached hereto and made a part hereof by reference.  s/ David J. Kaptain    David J. Kaptain, Mayor           Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     RESOLUTION 15-167 ADOPTED AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENTS FOR FISCAL YEAR (FY) 2015 Councilmember Dunne made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 15-167 RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENTS FOR FISCAL YEAR (FY) 2015 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 each of the following grant subrecipients, a copy of which is made a part hereof by reference: Senior Services Associates, Inc., in an amount of $36,000, for rental assistance regarding the lease of the facility at 205 Fulton Street; P.A.D.S. of Elgin, Inc., in an amount of $50,000, for rental assistance regarding the lease of the facility at 1730 Berkley Street; Wayside Cross Ministries, in an amount of $31,100, for rental assistance regarding the lease of the facility at 1732 Berkley Street; H.O.P.E. Inc., (a.k.a. Hope Fair Housing Center), in an amount of $7,283, for fair housing programs and services; Kane County, in an amount of $50,000, for the Kane County Lead Based Paint Hazard Control (LBPHC) Program; Habitat for Humanity of Northern Fox Valley, in an amount of $25,000 to replace the roof at their facility at 56 South Grove Avenue; The Young Women’s Christian Association, Elgin Illinois, in an amount of $75,000, for the Building Space Diversification Project, Phase II at their facility at 220 East Chicago Street; Community Crisis Center Inc., in an amount of $25,000, for foundation and HVAC improvements at their facility at 37 South Geneva Street; and Association for Individual Development, in an amount of $25,000, for accessibility renovations at their group homes at 1482 Maple Lane and 974 Hillcrest Road in Elgin.  s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Adopted: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     ORDINANCE G54-15 PASSED AMENDING SECTION 11.60.066 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “LIMITED PARKING AREAS; RESTRICTIONS ON ODD AND EVEN NUMBERED DAYS” Councilmember Dunne made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G54-15 AN ORDINANCE AMENDING SECTION 11.60.066 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “LIMITED PARKING AREAS; RESTRICTIONS ON ODD AND EVEN NUMBERED DAYS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.60.066 of the Elgin Municipal Code, 1976, as amended, entitled “Limited Parking Areas; Restrictions on Odd and Even Numbered Days” be and is hereby further amended by amending subparagraph B thereof by adding a new subsection 3 thereto to read as follows: “3. Bellevue Avenue from Dundee Avenue to Slade Avenue.” 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.   s/ David J. Kaptain    David J. Kaptain, Mayor          Presented: December 16, 2015    Passed: December 16, 2015    Omnibus Vote: Yeas: 9 Nays: 0    Recorded: December 16, 2015    Published: December 17, 2015        Attest:         s/ Kimberly Dewis    Kimberly Dewis, City Clerk     REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Shaw, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Bicycle & Pedestrian Advisory Committee November 3, 2015 Board of Fire & Police Commissioners November 19, 2015 Heritage Commission Design Review November 10, 2015 Human Relations Commission November 3, 2015 Liquor Commission October 14, 2015 Police Pension Fund July 15 and September 22, 2015 Committee of the Whole Minutes for November 18, 2015 City Council Minutes for November 18, 2015 Natural Gas Tax Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:55 p.m. s/ Kimberly Dewis  January 13, 2015  Kimberly Dewis, City Clerk  Date Approved