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HomeMy WebLinkAboutd - February 24, 2016 CC52 FEBRUARY 24, 2016 VOLUME LXXXI 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 February 24, 2016, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Pastor Raul De La Matta from Maranantha Worldwide Ministries and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne (via telephone conference), Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE FEBRUARY 10, 2016, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the February 10, 2016, 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 Porter Reed addressed the council regarding State of Illinois license plate sticker renewals and the local tickets that have been issued. Councilmember Dunne asked staff to follow up with how the city is handling this situation. Danise Habun thanked Public Works and 311 staff for their help responding to water issues in her neighborhood. She also invited the public to attend the Human Relations Commission community conversation "Black Lives Matter? Or All Lives Matter?" being held on February 25, 2016 at 7:00 p.m. in the Heritage Ballroom at the Centre. VOLUME LXXXI FEBRUARY 24, 2016 53 BID 16-005 AWARDED TO J. CONGDON SEWER SERVICE, INC. FOR THE 2016 NEIGHBORHOOD WATER MAIN REHABILITATION – PLUM/ST. JOHN PROJECT Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award a contract to J. Congdon Sewer Service, Inc. in the amount of $1,048,771 for the 2016 Neighborhood Water Main Rehabilitation of Plum-St. John Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 16-006 AWARDED TO A‐LAMP CONCRETE CONTRACTORS, INC. FOR 2016 STREET REHABILITATION – PLUM/ST. JOHN PROJECT Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award a contract to A-Lamp Concrete Contractors, Inc. in the amount of $1,368,369 for the 2016 Street Rehabilitation of Plum-St. John Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. US COMMUNITIES JOINT PURCHASING AGREEMENT APPROVED WITH KONE, INC. FOR ELEVATOR SERVICE Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Kone, Inc. in the amount of $33,180 for elevator maintenance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NATIONAL JOINT POWERS ALLIANCE CONTRACT APPROVED INTERIORS FOR BUSINESS, INC. FOR THE PURCHASE OF FIRE DEPARTMENT ADMINISTRATION OFFICE FURNITURE Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve a contract with Interiors for Business, Inc. in the amount of $35,000 for the purchase of fire department administration workspace furniture. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 24, 2016 VOLUME LXXXI 54 PETITION 27‐15 APPROVED AT 75 MARKET STREET, SUITE 20, AN APPLICATION BY INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL – LIGHT CHAPEL OF SOUTH ELGIN ILLINOIS AS APPLICANT AND 75 MARKET STREET LLC, AS OWNER, REQUESTING A CONDITIONAL USE TO ESTABLISH A CHURCH TO BE KNOWN AS ELGIN WEST FOURSQUARE CHURCH Marc Mylott, Community Development Director, provided an overview of Petition 27-15 which would grant a conditional use to allow a church at this location. It was noted that staff and Planning and Zoning Commission approved subject to the conditions outlined in the memo. There was discussion regarding the previous uses at the location and if this was a temporary or permanent use. Councilmember Powell made a motion, seconded by Councilmember Shaw, to approve Petition 27-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gavin, Powell, Prigge, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Dunne, Martinez, and Rauschenberger. PETITION 29‐15 APPROVED AT 75 MARKET STREET, SUITE 2, AN APPLICATION BY AIDES VALENTIN AS APPLICANT AND 75 MARKET STREET LLC, AS OWNER, REQUESTING A CONDITIONAL USE TO ESTABLISH CLASSROOMS WITHIN AN EXISTING DRIVING SCHOOL Marc Mylott, Community Development Director, provided an overview of Petition 29-15 which would allow for a conditional use to establish classrooms for a driving school. It was noted that staff and Planning and Zoning Commission approved subject to the conditions outlined in the memo. There was discussion regarding the proposed use and its impact on other tenants and how long the space has been vacant. Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve Petition 29-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. VOLUME LXXXI FEBRUARY 24, 2016 55 PETITION 30‐15 APPROVED AT 1330 HOLMES ROAD, AN APPLICATION BY PARVIN-CLAUSS SIGN COMPANY, AS APPLICANT AND THE SHARON M BERNARDO TRUST DATED MAY 17, 2007, AS OWNER, REQUESTING PLANNED DEVELOPMENT APPROVAL TO PERMIT AN ADDITIONAL MONUMENT GRAPHIC ON THE PROPERTY Marc Mylott, Community Development Director, provided an overview of Petition 30-15 which would allow for an additional monument graphic. It was noted that staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition 30-15 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-31 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WESTECH ENGINEERING, INC. FOR STRUCTURAL REHABILITATION SERVICES IN CONNECTION WITH THE RIVERSIDE WTP TREATMENT TRAIN TWO STRUCTURAL REHABILITATION PROJECT 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. 16-31 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WESTECH ENGINEERING, INC. FOR STRUCTURAL REHABILITATION SERVICES IN CONNECTION WITH THE RIVERSIDE WTP TREATMENT TRAIN TWO STRUCTURAL REHABILITATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with WesTech Engineering, Inc. for structural rehabilitation services in connection with the Riverside FEBRUARY 24, 2016 VOLUME LXXXI 56 WTP Treatment Train Two Structural Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Adopted: February 24, 2016 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-32 ADOPTED AUTHORIZING EXECUTION OF A LOAN AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT FOR FINANCIAL ASSISTANCE THROUGH THE CITY OF ELGIN'S EMERGENCY LOAN PROGRAM FOR HUMAN SERVICE AGENCIES Councilmember Shaw 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. 16-32 RESOLUTION AUTHORIZING EXECUTION OF A LOAN AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT FOR FINANCIAL ASSISTANCE THROUGH THE CITY OF ELGIN’S EMERGENCY LOAN PROGRAM FOR HUMAN SERVICE AGENCIES 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 a Loan Agreement on behalf of the City of Elgin with Association for Individual Development providing for a loan of city funds in the amount of $200,000 to Association for Individual Development through City of Elgin’s Emergency Loan Program for Human Service Agencies, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXI FEBRUARY 24, 2016 57 Presented: February 24, 2016 Adopted: February 24, 2016 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-33 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ELGIN AREA HISTORICAL SOCIETY FOR RENOVATION OF THE PROPERTY COMMONLY KNOWN AS 302 W. CHICAGO STREET There was discussion regarding the terms of the agreement, ongoing costs, and the Historical Society’s pervious projects. Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw. Resolution No. 16-33 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ELGIN AREA HISTORICAL SOCIETY FOR RENOVATION OF THE PROPERTY COMMONLY KNOWN AS 302 W. CHICAGO STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Elgin Area Historical Society for renovation of the property commonly known as 302 W. Chicago Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Adopted: February 24, 2016 Vote: Yeas: 8 Nays: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 24, 2016 VOLUME LXXXI 58 ORDINANCE G9-16 PASSED AMENDING CHAPTER 7.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "KEEPING OF CHICKENS" Councilmember Shaw made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmembers Gavin and Prigge. Ordinance No. G9-16 AN ORDINANCE AMENDING CHAPTER 7.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "KEEPING OF CHICKENS" WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to amend the current regulations for the keeping of chickens within the City of Elgin; and WHEREAS, the keeping of chickens within the City of Elgin and regulations pertaining thereto involve public health and pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 7.08.030 of the Elgin Municipal Code, 1976, as amended, entitled "Confinement" be and is hereby further amended to read as follows: “All hens kept in the city shall be entirely confined in a pen, coop, building, or other enclosure at all times. During daylight hours hens may also be temporarily kept in a mobile screened enclosure commonly known as a chicken tractor. Such chicken tractors shall be located only in a rear yard in accordance with the structures-location restrictions provided for in this chapter. No chicken shall be kept inside a residence, with the exception that baby chicks less than eight (8) weeks old may be kept indoors until such time as it is fully feathered.” Section 2. That Section 7.08.050 of the Elgin Municipal Code, 1976, as amended, entitled “Structures-Requirements” be and is hereby further amended to read as follows: “Structures housing hens shall consist of a covered inside enclosure known as a coop and an adjacent covered outside fenced area known as a pen. Structures housing hens shall provide not less than ten (10) square feet per hen with coop size limited to not more than fifty (50) square feet and pen enclosures limited to not more than one hundred (100) square feet. Coops shall be constructed to specifications as approved by the Community Development Director and must be placed either above ground or on a hard surface such as concrete, patio block or gravel and able to withstand natural forces such as wind, rain VOLUME LXXXI FEBRUARY 24, 2016 59 and snow. Wooden or pre-cast concrete posts shall be acceptable foundations if they are placed at least twenty-four inches into the ground and firmly tamped with dirt or gravel. Wooden or pre-cast concrete posts may also be secured into the ground using anchor posts that are otherwise typically used for fencing or decks. Any structure housing hens including any pen, coop, building or other enclosure that is not fully enclosed shall be screened to a height of six (6) feet. Said screening shall be comprised of fences or walls six (6) feet in height.” Section 3. That Section 7.08.090 of the Elgin Municipal Code, 1976, as amended, entitled “License Permit Process” be and is hereby further amended by deleting subparagraph D thereof. Section 4. That Section 7.08.180 of the Elgin Municipal Code, 1976, as amended, entitled “Number of Licenses and Permits to be Issued” be and is hereby further amended to read as follows: “The number of licenses authorizing the keeping of chickens shall not exceed twenty-five (25) in number. The number of building permits issued in conjunction with structures housing hens including pens, coops, buildings or enclosures shall not exceed twenty-five (25) in number. Section 5. That Chapter 7.08 of the Elgin Municipal Code, 1976, as amended, entitled “Keeping of Chickens” be and is hereby further amended by deleting therefrom Section 7.08.190 entitled “One Year Pilot Project” and by renumbering Section 7.08.200 entitled “Severability” accordingly. Section 6. 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 7. 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: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 7 Nays: 2 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 24, 2016 VOLUME LXXXI 60 ORDINANCE G10-16 PASSED RECLASSIFYING TERRITORY FROM THE PAB PLANNED AREA BUSINESS DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (2500-2535 WATERMARK TERRACE-WATERMARK AT THE GROVE) Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. Ordinance No. G10-16 AN ORDINANCE RECLASSIFYING TERRITORY FROM THE PAB PLANNED AREA BUSINESS DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (2500-2535 Watermark Terrace – Watermark at the Grove) WHEREAS, the territory herein described has been classified within a PAB Planned Area Business District in the City of Elgin and subject to the requirements of PAB Ordinance G76-04 which was subsequently amended in its entirety by PAB Ordinance G19-11 to provide for commercial development within the subdivision known as The Grove; and WHEREAS, the developer of The Grove has identified the need for a residential development containing higher-end luxury apartment residences within the northerly portion of The Grove that will contain significant above-standard amenities; and WHEREAS, commercial amenities and facilities including those within the already established portion of The Grove stand to further be supported by the additional residential population within the proposed residential development; and WHEREAS, written application has been made to reclassify certain territory within a PMFR Planned Multiple Family Residence District to provide for residential development to be known as “Watermark at the Grove”; and WHEREAS, after due notice in the manner provided by law the Planning and 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 and 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 October 5, 2015, made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. VOLUME LXXXI FEBRUARY 24, 2016 61 Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described property: Lots 41-65, Lots 100-120 in the Final Plat of Subdivision of The Grove, according to The Plat Thereof Recorded as Document Number 2004K125816, In Kane County, Illinois and Lot 98 in the Final Plat of Subdivision of Northwest Corporate Park Unit 1, Being A Subdivision of a Portion of the Southeast Quarter of Section 19, and a Portion of the North Half of Section 30, Township 42 North, Range 8 East Of The Third Principal Meridian, According to the Plat Thereof Recorded November 6, 1998 As Document Number 98K103162, Excepting Therefrom Lots 63, 64, 65, 119, And 120 In The Final Plat Of Subdivision Of The Grove, According To The Plat Thereof Recorded As Document Number 2004K125816, In Kane County, Illinois. (Property commonly known as 2500- 2535 Watermark Terrace).” Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PMFR Planned Multiple Family District in accordance with the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned environment for senior rental apartment dwelling units, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. 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 PMFR 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 PMFR 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. Land Use. In this PMFR zoning district, the use and development 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 in this PMFR zoning district: FEBRUARY 24, 2016 VOLUME LXXXI 62 Permitted uses. The following enumerated land uses shall be the only land uses allowed as “permitted uses” [SR] in this PMFR zoning district: Residence Division. 1. “Dwelling, Apartment” [SR] (UNCL). 2. “Dwelling, Multiple-family” [SR] (UNCL). 3. “Residential garage sales” [SR] (UNCL). 4. “Residential occupations” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). 6. “Residential storage” [SR] (UNCL). Offices Division 7. “Office” [SR] but only for the future owner, operator, and/or assigns of the apartment dwellings established by or within this PMFR zoning district. Finance, Insurance, and Real Estate Division. 8. “Development sales office” [SR] (UNCL). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Amateur radio antennas” [SR] (UNCL). 11. “Radio and television antennas” [SR] (UNCL). 12. “Satellite dish antennas” [SR] (UNCL). 13. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 14. “Fences and walls” [SR] (UNCL). 15. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 16. “Temporary uses” [SR] (UNCL). 17. “Accessory uses” [SR] (UNCL), to the permitted uses allowed in this PMFR zoning district, subject to the provisions of Section 19.10.100, Component Land Uses. F. Site Design. In this PMFR zoning district, the use and development of land and structures shall subject to the provisions of Section 19.12, Site Design, and Section 19.25.700 et seq., MFR Multiple-Family Residence District, of the Elgin Municipal Code, as amended, and in substantial conformance with the following documents: 1. Development Application including Statement of Purpose and Consent and Disclosure prepared by Mark A. Ebacher dated received on August 21, 2015. In the event of any conflict between such documents and the VOLUME LXXXI FEBRUARY 24, 2016 63 provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable ordinances shall supersede and control. 2. Substantial conformance with the ALTA/ACSM Land Title Survey entitled ‘The Grove Parcels 7, 8, 13, & 14 prepared by Cowhey Gudmundson Leder, Ltd. dated July 12, 2007. 3. Substantial Conformance with the Preliminary Architectural Site Plans, Elevations and Views entitled “Watermark at the Grove” prepared by Stephen Perry Smith Architects, Inc. last revised on September 28, 2015, including the following exhibits: a. Site and Building Plan Sheets X00-X06 b. Building Elevation, Perspective Views and Graphics Sheets R01- R05 4. Substantial Conformance with the Preliminary Site Landscape Plans prepared by R.A. Smith National for “Watermark at the Grove” dated August 21, 2015 and last revised on September 28, 2015 and consisting of the following sheets: a. L100 – Overall Landscape Plan b. L200 – Detailed Landscape Plan – Typical Building c. L201 – Detailed Landscape Plan – North Terrace d. L202 – Detailed Landscape Plan – Pool and Monument Signs e. L300 – Landscape Notes and Details 5. Preliminary Engineering Submittal entitled “Proposed Improvements for Watermark at the Grove – 2500 through 2535 Watermark Terrace,” Sheets 1-18 prepared by RWG Engineering LLC, dated August 21, 2015 and last revised on September 28, 2015. 6. Photometric Plan #2 Sheet 1 of 1 prepared by “Visual” dated August 14, 2015. 7. Traffic Impact Study prepared by Daniel P. Brinkman of Gewalt Hamilton Associates, Inc. dated April 14, 2015 and last revised on August 11, 2015. 8. Compliance with all other applicable codes and ordinances. G. Off-street Parking. In this PMFR 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. H. Off-street Loading. In this PMFR zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal FEBRUARY 24, 2016 VOLUME LXXXI 64 Code, 1976, as amended. I. Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, except as provided for in the ordinances providing for special regulations for street graphics within the Randall Road/I-90 area of special character as provided in Ordinance No. G42-12 and Ordinance No. G11-16. J. Planned Developments. In this PMFR 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. K. Variations. In this PMFR zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. L. 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 4. That this ordinance shall be full force and effect immediately after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 8 Nays: 1 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI FEBRUARY 24, 2016 65 ORDINANCE G11-16 PASSED AMENDING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I90 AREA OF SPECIAL CHARACTER ORDINANCE NO. G42-12 (2500-2535 WATERMARK TERRACE- WATERMARK AT THE GROVE) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. Ordinance No. G11-16 AN ORDINANCE AMENDING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER ORDINANCE NO. G42-12 (2500-2535 Watermark Terrace – Watermark at the Grove) WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the City as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulations for these areas that can vary from the regulations contained within the City's Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. G25-08, designated The Grove Subdivision as part of the Randall Road/I 90 Area of Special Character (the "Randall Road/I 90 Area of Special Character") pursuant to Section 19.50.105; and WHEREAS, the City Council adopted special regulations for street graphics for The Grove Subdivision as part of the Randall Road/I90 Area of Special Character pursuant to Ordinance G30- 08 and subsequently amended through Ordinance G42-12; and WHEREAS, the City Council, in its Ordinance No. G10-16, has reclassified certain territory within The Grove Subdivision to provide for the construction of a higher-end luxury apartment residential development known as “Watermark at the Grove;” and WHEREAS, the residential development known as Watermark at the Grove has proposed the construction of various graphics that require departures from the provisions of Ordinance G42- 12; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Planning and Zoning Commission; and FEBRUARY 24, 2016 VOLUME LXXXI 66 WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area of Special Character has unique characteristics including the area's location, topography and being adjacent to U.S. Interstate 90; and WHEREAS, the City Council further finds that the proposed development of The Grove Subdivision with a residential development known as Watermark at the Grove, developed in addition to the mixed use commercial and entertainment areas presents specified unique challenges and demands such that the City’s street graphic ordinance cannot adequately regulate street graphics for such use in such area; and WHEREAS, the proposed amended special regulations for the development known as Watermark at the Grove are consistent with the unique character and unique use of the Randall Road/I90 Area of Special Character and departures from the street graphics ordinance as contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of The Grove Subdivision portion of the Randall Road/I 90 Area of Special Character. 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 October 5, 2015 made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. In the event of any conflict between such Findings of Fact and the other provisions of this ordinance, the other provisions of this ordinance shall supersede and control. Section 2. That Ordinance No. G42-12 entitled An Ordinance Amending Special Regulations for Street Graphics within a Portion of The Randall Road/I-90 Area of Special Character Ordinance No. G30-08” passed July 11, 2012, be and is hereby amended specifically as provided in this ordinance. The following amended special regulations for street graphics for the development known as “Watermark at the Grove” located within a portion of the Randall/I-90 Area of Special Character, such Watermark at the Grove development being legally described in the planned development ordinance for such property under Ordinance No. G10-16 (the "Subject Property"), be and are hereby granted and approved in substantial conformance with the documents entitled “Site Architectural Plan” Sheet X00 and “Signage” Sheet R05, prepared by Stephen Perry Smith Architects, Inc. last revised on September 28, 2015, collectively attached hereto as Attachment B, and pursuant and subject to the following terms and conditions: 1. One monument graphic depicting the name of the subject residential apartment development to be located along the frontage of the property along Randall Road. The graphic shall be constructed with a maximum surface area of 288 square feet and a maximum height of 18 feet. For clarification, the graphic shall not contain an electronic message board. VOLUME LXXXI FEBRUARY 24, 2016 67 2. One monument graphic depicting the name and contact information of the subject residential apartment development to be located at the main entrance to the development at the intersection of Watermark Terrace and Northwest Parkway. The graphic shall be constructed with a maximum surface area of 240 square feet and a maximum height of 15 feet. 3. Eight directional monument graphics intended to depict the addresses of the buildings within the subdivision shall be constructed with a maximum surface area of 31.6 square feet and a maximum height of 6’-4”. 4. Two monument graphics for the 1.97 acre commercial piece to be developed in the future and located as follows: a. Along the frontage of the commercial property with Randall Road. b. At the entrance to the commercial property at Watermark Terrace the graphics shall be designed in conformance with the approved commercial graphic specifications contained within Ordinance G42-12 with a maximum surface area of 80 square feet and a maximum height of 8 feet. Section 3. Except as otherwise specifically provided for in this ordinance and in the provisions for graphics contained within the planned development ordinance for the subject property under Ordinance No. G76-04, as amended, all other street graphics on the subject property shall comply with the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled "Street Graphics". In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions for graphics contained within the planned development ordinance for the Subject Property under Ordinance No. G76-04, as amended, the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. Section 4. That except as amended herein; the location, design and operation of special graphics within The Grove Subdivision shall be controlled pursuant to the provisions of Ordinance No. G42-12. 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 G42-12, this ordinance and associated documents shall control and prevail. Section 5. 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 FEBRUARY 24, 2016 VOLUME LXXXI 68 Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 8 Nays: 1 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk MOTION TO PASS ORDINANCES T1-16 THROUGH T18-16 IN ONE VOTE BLOCK Councilmember Steffen made a motion, seconded by Councilmember Shaw, to pass Ordinances T1-16 through T18-16 in one vote block motion. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to pass Ordinances T1-16 through T18-16. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE T1-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A Councilmember Shaw 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. T1-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S8-97, An Ordinance Providing for the Issuance of $4,860,000 General Obligation Corporate Purpose Bonds, Series 1997A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. VOLUME LXXXI FEBRUARY 24, 2016 69 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $422,000 for the year 2015 as provided and levied in the ordinance providing for the issuance of $4,860,000 General Obligation Corporate Purpose Bonds, Series 1997A, passed May 14, 1997, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T2-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2001B Councilmember Shaw 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. T2-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2001B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S5-01, an Ordinance providing for the issuance of $13,715,000 General Obligation FEBRUARY 24, 2016 VOLUME LXXXI 70 Refunding Bonds, Series 2001B, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $1,863,400 for the year 2015 as provided and levied in the ordinance providing for the issuance of $13,715,000 General Obligation Refunding Bonds, Series 2001B, passed April 25, 2001, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T3-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2006A Councilmember Shaw 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. VOLUME LXXXI FEBRUARY 24, 2016 71 Ordinance No. T3-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2006A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S10-06, An Ordinance Providing for the Issuance of $8,090,000 General Obligation Corporate Purpose Bonds, Series 2006A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $271,050 for the year 2015 as provided and levied in the ordinance providing for the issuance of $8,090,000 General Obligation Corporate Purpose Bonds, Series 2006A, passed April 12, 2006, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10. 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 24, 2016 VOLUME LXXXI 72 ORDINANCE T4-16 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2008A Councilmember Shaw 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. T4-16 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2008A WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S4-08, An Ordinance Providing for the Issuance of $14,825,000 General Obligation Corporate Purpose Bonds, Series 2008A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,028,700 for the year 2015 as provided and levied in the ordinance providing for the issuance of $14,825,000 General Obligation Corporate Purpose Bonds, Series 2008A, passed April 23, 2008, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $513,900 and extending a tax for the year 2015 in the amount of $514,800 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXI FEBRUARY 24, 2016 73 Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T5-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008B Councilmember Shaw 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. T5-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S5-08, An Ordinance Providing for the Issuance of $8,150,000 General Obligation Refunding Bonds, Series 2008B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $2,163,200 for the year 2015 as provided and levied in the ordinance providing for the issuance of $8,150,000 General Obligation Refunding Bonds, Series 2008B, passed April 23, 2008, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. FEBRUARY 24, 2016 VOLUME LXXXI 74 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T6-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING Bonds, Series 2010A Councilmember Shaw 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. T6-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-10, An Ordinance Providing for the Issuance of $7,105,000 General Obligation Refunding Bonds, Series 2010A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $92,053 for the year 2015 as provided and levied in the ordinance VOLUME LXXXI FEBRUARY 24, 2016 75 providing for the issuance of $7,105,000 General Obligation Refunding Bonds, Series 2010A, passed April 14, 2010, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T7-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B Councilmember Shaw 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. T7-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S3-10, An Ordinance Providing for the Issuance of $4,755,000 General Obligation Refunding Bonds, Series 2010B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. FEBRUARY 24, 2016 VOLUME LXXXI 76 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $792,200 for the year 2015 as provided and levied in the ordinance providing for the issuance of $4,755,000 General Obligation Refunding Bonds, Series 2010B, passed April 14, 2010, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T8-16 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010C Councilmember Shaw 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. T8-16 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010C WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S5-10, An Ordinance Providing for the Issuance of $4,755,000 General Obligation Refunding Bonds, Series 2010C, of the City of Elgin, Kane and Cook Counties, Illinois, VOLUME LXXXI FEBRUARY 24, 2016 77 and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,064,400 for the year 2015 as provided and levied in the ordinance providing for the issuance of $4,755,000 General Obligation Refunding Bonds, Series 2010C, passed October 13, 2010, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $718,000 and extending a tax for the year 2015 in the amount of $346,400 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T9-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2011 Councilmember Shaw 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. FEBRUARY 24, 2016 VOLUME LXXXI 78 Ordinance No. T9-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2011 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S7-11, An Ordinance Providing for the Issuance of $9,695,000 General Obligation Corporate Purpose Bonds, Series 2011, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $680,075 for the year 2015 as provided and levied in the ordinance providing for the issuance of $9,695,000 General Obligation Corporate Purpose Bonds, Series 2011, passed May 25, 2011, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI FEBRUARY 24, 2016 79 ORDINANCE T10-16 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 Councilmember Shaw 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. T10-16 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S1-12, an Ordinance providing for the issuance of $15,215,000 General Obligation Refunding Bonds, Series 2012, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $2,645,400 for the year 2015 as provided and levied in the ordinance providing for the issuance of $15,215,000 General Obligation Refunding Bonds, Series 2012, passed February 22, 2012, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $2,136,000 and extending a tax for the year 2015 in the amount of $509,400 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 24, 2016 VOLUME LXXXI 80 Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T11-16 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012A Councilmember Shaw 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. T11-16 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012A WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S3-12, an Ordinance providing for the issuance of $8,600,000 General Obligation Refunding Bonds, Series 2012A, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the Levy and Collection of a Direct Annual Tax for the payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate a portion of the tax of $786,938 for the year 2015 as provided and levied in the ordinance providing for the issuance of $8,600,000 General Obligation Refunding Bonds, Series 2012A, passed June 13, 2012, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $332,038 and extending a tax for the year 2015 in the amount of $454,900 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. VOLUME LXXXI FEBRUARY 24, 2016 81 Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, on or before March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T12-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012B Councilmember Shaw 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. T12-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S4-12, An Ordinance Providing for the Issuance of $4,785,000 General Obligation Refunding Bonds, Series 2012B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: FEBRUARY 24, 2016 VOLUME LXXXI 82 Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $549,800 for the year 2015 as provided and levied in the ordinance providing for the issuance of $4,785,000 General Obligation Refunding Bonds, Series 2012B, passed June 13, 2012, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T13-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A Councilmember Shaw 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. T13-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S2-13, An Ordinance Providing for the Issuance of $13,190,000 General Obligation Refunding Bonds, Series 2013A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and VOLUME LXXXI FEBRUARY 24, 2016 83 WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $667,750 for the year 2015 as provided and levied in the ordinance providing for the issuance of $13,190,000 General Obligation Refunding Bonds, Series 2013A, passed March 20, 2013, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T14-16 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013B Councilmember Shaw 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. FEBRUARY 24, 2016 VOLUME LXXXI 84 Ordinance No. T14-16 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013B WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S3-13, An Ordinance Providing for the Issuance of $12,450,000 General Obligation Corporate Purpose Bonds, Series 2013B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $1,534,500 for the year 2015 as provided and levied in the ordinance providing for the issuance of $12,450,000 General Obligation Corporate Purpose Bonds, Series 2013B, passed March 20, 2013, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $146,050 and extending a tax for the year 2015 in the amount of $1,388,450 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI FEBRUARY 24, 2016 85 ORDINANCE T15-16 PASSED ABATING PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013C Councilmember Shaw 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. T15-16 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2013C WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S4-13, An Ordinance Providing for the Issuance of $5,025,000 General Obligation Corporate Purpose Bonds, Series 2013C, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $131,810 for the year 2015 as provided and levied in the ordinance providing for the issuance of $5,025,000 General Obligation Corporate Purpose Bonds, Series 2013C, passed March 20, 2013, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $98,270 and extending a tax for the year 2015 in the amount of $33,540 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 24, 2016 VOLUME LXXXI 86 Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T16-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015A Councilmember Shaw 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. T16-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-15, An Ordinance Providing for the Issuance of $8,855,000 General Obligation Refunding Bonds, Series 2015A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $584,050 for the year 2015 as provided and levied in the ordinance providing for the issuance of $8,855,000 General Obligation Refunding Bonds, Series 2015A, passed March 18, 2015, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. VOLUME LXXXI FEBRUARY 24, 2016 87 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T17-16 PASSED ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B Councilmember Shaw 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. T17-16 AN ORDINANCE ABATING THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S2-15, An Ordinance Providing for the Issuance of $2,090,000 General Obligation Refunding Bonds, Series 2015B, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties are hereby authorized and directed to abate the tax of $571,258 for the year 2015 as provided and levied in the ordinance FEBRUARY 24, 2016 VOLUME LXXXI 88 providing for the issuance of $2,090,000 General Obligation Refunding Bonds, Series 2015B, passed March 18, 2015, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE T18-16 PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2016 Councilmember Shaw 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. T18-16 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 2015 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2016 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S1-16, An Ordinance Providing for the Issuance of $25,000,000 General Obligation Corporate Purpose Bonds, Series 2016, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 2015 provided in the ordinance is unnecessary. VOLUME LXXXI FEBRUARY 24, 2016 89 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $2,131,129 for the year 2015 as provided and levied in the ordinance providing for the issuance of $25,000,000 General Obligation Corporate Purpose Bonds, Series 2016, passed February 10, 2016, a copy of which was filed with each of said county clerks, said tax shall be abated by reducing said sum $873,669 and extending a tax for the year 2015 in the amount of $1,257,460 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to March 10, 2016. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G6-16 through G8-16 and adopt Resolution Nos. 16-23 through 16-30 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 24, 2016 VOLUME LXXXI 90 RESOLUTION 16-23 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DEWBERRY ARCHITECTS FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE CIVIC PLAZA REPLACEMENT PROJECT 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. 16-23 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DEWBERRY ARCHITECTS FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE CIVIC PLAZA REPLACEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Dewberry Architects for architectural services in connection with the Civic Plaza Replacement Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI FEBRUARY 24, 2016 91 RESOLUTION 16-24 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT 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. 16-24 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a grant agreement with the Fox River Study Group for continued support of the Fox River Watershed Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-25 ADOPTED APPROVING THE JOINT UTILITY LOCATION INFORMATION FOR EXCAVATORS (JULIE), INC. 2016 ANNUAL ASSESSMENT INVOICE 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. FEBRUARY 24, 2016 VOLUME LXXXI 92 Resolution No. 16-25 RESOLUTION APPROVING THE JOINT UTILITY LOCATION INFORMATION FOR EXCAVATORS (JULIE), INC. 2016 ANNUAL ASSESSMENT INVOICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Joint Utility Location Information for Excavators (JULIE), Inc. 2016 annual assessment invoice dated January 11, 2016, in the amount of $23,008.64, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-26 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BENEFICIAL REUSE MANAGEMENT, LLC FOR LIME RESIDUE REMOVAL 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. 16-26 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BENEFICIAL REUSE MANAGEMENT, LLC FOR LIME RESIDUE REMOVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City of Elgin with Beneficial Reuse Management, LLC for lime residue removal from lagoons located at the VOLUME LXXXI FEBRUARY 24, 2016 93 South McLean site and lagoons located at the Airlite Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-27 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION 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. 16-27 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Dan Shomon, Inc. for legislative representation, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 24, 2016 VOLUME LXXXI 94 Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-28 ADOPTED AUTHORIZING EXECUTION OF A GRANT EASEMENT AGREEMENT FOR STORM AND SANITARY SEWER PURPOSES FROM THE KANE COUNTY FOREST PRESERVE DISTRICT (BLUFF CITY COMBINED SEWER SEPARATION PROJECT PHASE I PARCEL 1: 06-24-330-002; PARCEL 2: 06-24-126-008) 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. 16-28 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF EASEMENT AGREEMENT FOR STORM AND SANITARY SEWER PURPOSES FROM THE KANE COUNTY FOREST PRESERVE DISTRICT (Bluff City Combined Sewer Separation Project Phase I Parcel 1: 06-24-330-002; Parcel 2: 06-24-126-008) 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 a grant of easement agreement for storm and sanitary sewer purposes from the Kane County Forest Preserve District, for the property legally described on Exhibit A, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI FEBRUARY 24, 2016 95 RESOLUTION 16-29 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN 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. 16-29 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from July 2015, through December 2015, are hereby approved as set forth in Exhibit A. Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 24, 2016 VOLUME LXXXI 96 Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-30 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH RICHPORT PROPERTY, LLC-S. RANDALL OUTLOT (LOT 2-ELGIN WAL-MART/SAM'S CLUB SUBDIVISION) 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. 16-30 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH RICHPORT PROPERTY, LLC-S. RANDALL OUTLOT (Lot 2-Elgin Wal-Mart/Sam's Club Subdivision) WHEREAS, the Owner of certain property commonly known as Lot 2 in the Elgin Wal- Mart/Sam's Club Subdivision, 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 Third Amendment to Annexation Agreement with Richport Property, LLC-S. Randall Outlot 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 Third Amendment to Annexation Agreement with Richport Property, LLC-S. Randall Outlot, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXI FEBRUARY 24, 2016 97 Presented: February 24, 2016 Adopted: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G6-16 PASSED AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G32-10 (LOT 2 WITHIN THE ELGIN WAL- MART/SAM'S CLUB SUBDIVISION AT 1000 SOUTH RANDALL ROAD) Councilmember Gavin 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. G6-16 AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G32-10 (Lot 2 within the Elgin Wal-Mart/Sam’s Club Subdivision at 1000 South Randall Road) WHEREAS, the territory described herein has been previously classified in the PAB Planned Area Business District pursuant to Ordinance No. G114-06; and WHEREAS, Ordinance No. G32-10 adopted on July 14, 2010, amended Ordinance No. G114-06 in its entirety; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G32-10 as they relate only to Lot 2 within the Elgin Wal-Mart/Sam’s Club Subdivision, which lot is legally described herein; and WHEREAS, written application has further been made to resubdivide Lot 2 of Elgin Wal- Mart/Sam’s Club Subdivision at 1000 South Randall Road into five lots with the intention of developing resulting Lots 1 and 2 of Resubdivided Lot 2, which lots are legally described herein; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on January 4, 2016; and WHEREAS, the Community Development and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and FEBRUARY 24, 2016 VOLUME LXXXI 98 WHEREAS, the Community Development and the Planning and Zoning Commission recommend approval of said application, subject to the conditions outlined below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting planned development approval pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 4, 2016, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Attachment A. Section 2. That Section 3. E of Ordinance No. 32-10 entitled “Land Use” is hereby further amended with respect to the Resubdivided Lot 2 only in its entirety to read as follows: “E. Land Use. In this PAB zoning district, the use and development 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] or as a “conditional use” [SR] in this PAB zoning district: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB Planned Area Business District: b. Offices Division: "Offices" [SR] (UNCL). c. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance (including banks and bank branches), insurance, and real estate; provided, however, that as to the Outlots a maximum total of two (2) stand-alone banks or bank branches shall be permitted, which banks may include a drive-through. VOLUME LXXXI FEBRUARY 24, 2016 99 d. Services Division: Advertising (731). Barbershops (724). Beauty shops (723). Dry cleaning without plant on premises (7215). Car washes [SR] (7542) as a principal use (Resubdivided Lot 2 only) Computer programming, data processing and other computer related services (737) (Resubdivided Lot 2 only). Computer rental and leasing (7377). Electrical and electronic repair shops (7629) (Resubdivided Lot 2 only). Home healthcare services (808) (Resubdivided Lot 2 only). Legal services (811) (Resubdivided Lot 2 only). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (807) (Resubdivided Lot 2 only). Medical and dental laboratories (807) (Resubdivided Lot 2 only). Motion picture theaters (7832). Offices and clinics of dentists (802) (Resubdivided Lot 2 only). Offices and clinics of doctors of medicine (801) (Resubdivided Lot 2 only). Offices and clinics of doctors of osteopathy (803) (Resubdivided Lot 2 only). Offices and clinics of other health practitioners (804) (Resubdivided Lot 2 only). Physical fitness facilities (7991) (Resubdivided Lot 2 only). Photographic studios, portrait (722). FEBRUARY 24, 2016 VOLUME LXXXI 100 Security systems services (7382). Watch, clock and jewelry repair (763). f. Retail Trade Division: Apparel and accessory stores (56). Building materials, hardware, and garden supply (52). Carryout restaurants accessory to “eating places.” Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812), but limited to a maximum of two high volume fast food/quick service restaurants including, by way of example, but not limited to, McDonald's, Burger King, Wendy's, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long John Silver’s. Such high volume/fast food/quick service restaurants shall not be deemed to include (i) lower volume mid-value fast food restaurants including, by way of example, but not limited to, Portillo's or Starbucks. Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified limited to architectural supplies-retail; art dealers-retail; artists supply and material stores-retail; baby carriages-retail; candle shops-retail; pet stores-retail; pet shops-retail; picture frames, readymade-retail; and telephone stores-retail (5999). Miscellaneous shopping goods stores (594). “Motor vehicle service stations” [SR] (554) and accessory “car wash”, limited to a maximum of one such use in such combination for the entire subdivision. Such use may further include an accessory “food store.” News dealers (5994). VOLUME LXXXI FEBRUARY 24, 2016 101 Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). g. Agricultural Division: Dog grooming (0752). Veterinary services for household pets (0742). h. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). i. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). j. Transportation, Communication and Utilities Division: Branch United States post offices (4311). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). "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). "Radio and television antennas" [SR] (UNCL). "Satellite dish antennas" [SR] (UNCL). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). k. 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. FEBRUARY 24, 2016 VOLUME LXXXI 102 “Commercial operations yards” [SR] (UNCL) accessory to principal buildings exceeding 130,000 square feet in floor area. “Drive-through facilities” [SR], subject to the provisions of Chapter 19.45 of this Title, provided, however, that such drive thru facility shall be approved for a maximum of two (2) high volume fast food/quick service restaurants, including, by way of example, but not limited to, McDonald's, Burger King, Wendy's, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long John Silver’s. Such high volume fast food/quick service restaurants shall not be deemed to include (i) lower volume mid- value fast food restaurants including, by way of example, but not limited to, Portillo's or Starbucks. "Fences and walls" [SR] (UNCL). “Firearms sales” (5941), exclusively accessory to a sporting goods store or general merchandise store, specifically limited to one each for lot 5 and lot 6 as identified on the Full Build Out Preliminary Plan and Landscape Plan prepared by Atwell Hicks dated August 5, 2009, last revised June 14, 2010 (the "Full Build Out Plan"). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in this PAB Area Business District, subject to the provisions of Chapter 19.47 of this Title. “Motor vehicle repair shop” [SR] (753) accessory to a general merchandise store, specifically limited to one each for lot 5 and lot 6 as identified in the Full Build Out Plan. "Outdoor display areas" [SR] (UNCL). "Package liquor sales establishments" [SR] (5921) accessory to a general merchandise store, specifically limited to two general merchandise stores on lots 5 and 6 as identified on the Full Build Out Plan. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in this PAB 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 this PAB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. VOLUME LXXXI FEBRUARY 24, 2016 103 "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Temporary uses" [SR] (UNCL).” 2. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB Planned Area Business District: a. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. b. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. c. Services Division: Coin-operated amusement establishments (7993). d. Retail Trade Division: Firearms sales (5941), exclusively accessory to a sporting goods store. "Package liquor sales establishments" [SR] (5921). e. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Pipelines, except natural gas (461). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Radio and television broadcasting stations (483). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). FEBRUARY 24, 2016 VOLUME LXXXI 104 f. 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. "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 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. 3. Additional Use Restrictions and Regulations for Outlots: Notwithstanding the foregoing provisions of Sections 3E1 and 3E2 providing for the listing of permitted uses and conditional uses, the following additional use restrictions and regulations shall apply to the Outlots: a. Not more than a total of two (2) stand-alone banks or bank branches shall be located on all of the Outlots. b. The following shall constitute prohibited uses on the Outlots: video stores; laundromats; currency exchanges; payday loan business; nail salons which are not accessory to a beauty shop (723), except upon Resubdivided Lot 2 where a nail salon is permitted outright as a principal use; tanning salons which are not accessory to a beauty shop (723); tax return preparation business; dollar type discount stores; rental furniture stores; "motor vehicle repair shops" [SR] (753); and any other prohibited uses listed within Section 19.15.520 entitled "Land Use" for the Arterial Road Corridor Overlay District, unless such land use is otherwise specifically listed as a permitted or conditional use in Section 3E of this ordinance. VOLUME LXXXI FEBRUARY 24, 2016 105 c. A maximum of two (2) high volume fast food/quick service restaurants shall be located on all of the Outlots, including, by way of example, but not limited to, McDonald's, Burger King, Wendy's, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long John Silver’s. Such high volume fast food/quick service restaurants shall not be deemed to include (i) lower volume mid-value fast food restaurants including, by way of example, but not limited to, Portillo's or Starbucks. where “Resubdivided Lot 2” is the following legally described parcel: RESUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011 AS DOCUMENT 2011K73547, IN KANE COUNTY, ILLINOIS. Section 3. That a development plan in the PAB Planned Area Business District, which will permit the construction of a new 9,470 square foot multi-tenant retail building on Lot 1 of the Resubdivision of Lot 2 of Elgin Wal-Mart/Sam’s Club Subdivision; said property being located at 1190 South Randall Road, and legally described as follows: LOT 1 IN THE RESUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011 AS DOCUMENT 2011K73547, IN KANE COUNTY, ILLINOIS. Be and is hereby approved subject to the following conditions: 1. Substantial conformance to the development application and attached documentation dated November 20, 2015, prepared by Philip J. Salerno II of Clingen Callow & McLean, LLC, attorney for Richport Property, LLC – S. Randall Outlot and including the following documents: a. Consent and Disclosure b. Statement of Purpose and Conformance In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the ALTA/ACSM Land Title Survey of Lot 2 of Elgin Wal-Mart/Sam’s Club Subdivision prepared by TFW Surveying and Mapping, Inc. dated December 15, 2014 and last revised on February 12, 2015. FEBRUARY 24, 2016 VOLUME LXXXI 106 3. Substantial conformance to the Final Plat of Subdivision for the Resubdivision of Lot 2 of the Elgin Wal-Mart/Sam’s Club Subdivision prepared by Atwell dated November 20, 2015, and last revised on December 29, 2015; and associated Preliminary Engineering Plans for the “Proposed Lot 2 Resubdivision,” Sheets C- 01–C-03 also prepared by Atwell and dated November 19, 2015 and last revised on December 29, 2015. 4. Substantial conformance to the development plans as they relate to the development of Lot 1 for the construction of the new multi-tenant retail building including the following documents: a. Site Location Plan prepared by Atwell dated November 19, 2015 and last revised on December 29, 2015 b. Landscape Plan prepared by Atwell dated November 19, 2015 and last revised on December 29, 2015 c. Building Floor Plans and elevations Sheets A-1.0, A-3.0 and A3.1 prepared by Jensen & Jensen, Architects, P.C. dated November 3, 2015 d. Monument graphics exhibit prepared by Olympic Signs page 10 of 10 dated February 16, 2012 and last updated on December 23, 2015 e. Exterior Site and Building Lighting Plans and specifications prepared by Jensen & Jensen, Architects, P.C. dated November 3, 2015 f. Preliminary Engineering Plans for the Proposed Retail Shops – Lot 1 of Elgin Wal-Mart/Sam’s Club Resubdivision, Sheets C-01 through C-06, prepared by Atwell, dated November 19, 2015 and last revised on December 29, 2015 5. Compliance with all applicable codes and ordinances. Section 4. That a development plan in the PAB Planned Area Business District, which will permit the construction of a new 3,550 square foot carwash building on Lot 2 of the Resubdivision of Lot 2 of Elgin Wal-Mart/Sam’s Club Subdivision; said property being located at 1180 South Randall Road, and legally described as follows: LOT 2 IN THE RESUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011 AS DOCUMENT 2011K73547, IN KANE COUNTY, ILLINOIS. Be and is hereby approved subject to the following conditions: 1. Substantial conformance to the development application and attached documentation dated November 20, 2015, prepared by Philip J. Salerno II of Clingen Callow & McLean, LLC, attorney for Richport Property, LLC – S. Randall Outlot and including the following documents: VOLUME LXXXI FEBRUARY 24, 2016 107 a. Consent and Disclosure b. Statement of Purpose and Conformance In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the ALTA/ACSM Land Title Survey of Lot 2 of Elgin Wal-Mart/Sam’s Club Subdivision prepared by TFW Surveying and Mapping, Inc. dated December 15, 2014 and last revised on February 12, 2015. 3. Substantial conformance to the Final Plat of Subdivision for the Resubdivision of Lot 2 of the Elgin Wal-Mart/Sam’s Club Subdivision prepared by Atwell dated November 20, 2015, and last revised on December 29, 2015; and associated Preliminary Engineering Plans for the “Proposed Lot 2 Resubdivision,” Sheets C- 01–C-03 also prepared by Atwell and dated November 19, 2015 and last revised on December 29, 2015. 4. Substantial conformance to the development plans as they relate to the development of resultant Lot 2 for the construction of the new Fuller’s Carwash facility including the following documents: a. Perspective views of Fuller’s Carwash, prepared by GEA Architects, Ltd. undated. b. Site Plan, prepared by GEA Architects, Ltd. last revised on December 23, 2015 c. Landscape Plan, prepared by ARC Design Resources, Inc. for GEA Architects, Ltd. last revised on December 24, 2015 d. Building Elevations and Floor Plans, Building and Site Lighting, and Graphics, Sheets 2-8 prepared by GEA Architects, Ltd. darted November 20, 2015. e. Monument Graphics and Wall Mounted Graphic Specifications prepared by Grate Signs, Inc. dated July 7, 2015 and last revised January 14, 2016. f. Preliminary Engineering Submittal for Fuller’s Carwash on Lot 2 of Elgin Wal-Mart/Sam’s Club Resubdivision, Sheets C01 through C05, prepared by GEA Architects, Ltd. and dated November 19, 2015 5. Compliance with all applicable codes and ordinances. Section 5. Section 3 J of ordinance No. G32-10 entitled “Signs” be and is hereby further amended by adding the following additional paragraph thereto: “5. Lot 2 of Resubdivided Lot 2 of Elgin Wal-Mart/Sam’s Club Subdivision shall be allowed the construction of an electronic changeable copy graphic in substantial conformance with the Monument Graphics and Wall Mounted Graphic Specifications prepared by Grate Signs, Inc. dated July 7, 2015 and last revised January 14, 2016. Whereas the zoning ordinance requires one electronic changeable FEBRUARY 24, 2016 VOLUME LXXXI 108 copy graphic per zoning lot, the proposed electronic changeable copy graphic will be constructed in addition to the electronic changeable copy graphic approved for Portillo’s Restaurant on Lots 3 and 4 of Elgin Wal-Mart/Sam’s Club Subdivision, such Lot 3 and 4 having been resubdivided as part of “Portillo’s Elgin” Subdivision.” Section 6. That except as amended herein, the use and development of Subject Property shall be controlled pursuant to the provisions of Ordinance No. G32-10. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Sections 2, 3 and 4, and Ordinance No. G32-10, this ordinance and associated documents shall control and prevail. Section 7. That this ordinance shall be full force and effect immediately after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 24, 2016 Passed: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G7-16 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF AVAILABLE LIQUOR LICENSES FOR CLASS F LICENSES AND TO REPEAL THE CLASS E-4 LICENSE CLASSIFICATION Councilmember Gavin 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. VOLUME LXXXI FEBRUARY 24, 2016 109 Ordinance No. G7-16 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF AVAILABLE LIQUOR LICENSES FOR CLASS F LICENSES AND TO REPEAL THE CLASS E-4 LICENSE CLASSIFICATION WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquor dealers pertains to the government and affairs of the City; and WHEREAS, the City Council of the City of Elgin determines that it is appropriate to increase the number of available Class F liquor licenses and to repeal the Class E-4 license classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraph R thereof to read as follows: "R. The number of class F licenses shall not exceed eight (8) in number.” Section 2. That Section 6.06.040 of the Elgin Municipal Code, 1976, as amended, entitled “License Classes; Fees:” be and is hereby further amended by amending subparagraph H thereof by deleting subparagraph 4 thereof which provides for a Class E-4 license. Section 3. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled “Licenses; Number to be Issued:” be and is hereby further amended by deleting subparagraph Q thereof which provides for the number of Class E-4 licenses, and by relettering the remaining subparagraphs accordingly. Section 4. That Section 6.06.115 of the Elgin Municipal Code, 1976, as amended, entitled “Basset Training Requirements:” be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by deleting the reference to the Class E-4 license. Section 5. That Section 6.06.117 of the Elgin Municipal Code, 1976, as amended, entitled “Service Hours:” be and is hereby further amended by amending the listing of license classifications in subparagraph A thereof by deleting therefrom the license classification of E-4. FEBRUARY 24, 2016 VOLUME LXXXI 110 Section 6. 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 7. 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: February 24, 2016 Passed: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G8-16 PASSED AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "FIRE DEPARTMENT" RELATING TO THE APPOINTMENT OF MEMBERS TO THE FIRE DEPARTMENT Councilmember Gavin 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. G8-16 AN ORDINANCE AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "FIRE DEPARTMENT" RELATING TO THE APPOINTMENT OF MEMBERS TO THE FIRE DEPARTMENT WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to provide for certain amendments to the qualifications for original appointment to the position of firefighter and to provide for changes in the law regarding such appointments; and VOLUME LXXXI FEBRUARY 24, 2016 111 WHEREAS, procedures relating to the selection and appointment of firefighters pertain to the government and affairs of the City of Elgin; and WHEREAS, on February 10, 2016, the City Council adopted Ordinance No. G4-16 providing for certain amendments to the procedures relating to the selection and appointment of firefighters; and WHEREAS, Section 1 of Ordinance No. G4-16 which amended Section 2.40.030 of the Elgin Municipal Code, 1976, as amended, entitled "Appointment of Members" included a scrivener's error regarding the preference points to be awarded for being a resident within the geographic boundaries of the City of Elgin; and WHEREAS, the adoption of this ordinance will correct such scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.40.030 of the Elgin Municipal Code, 1976, as amended, entitled "Appointment of Members" be and is hereby further amended by amending subsection A4 thereof to read as follows: "4. Additional preference points will be awarded after the final stage of the appointment process for the following reasons; provided, however, that a maximum number of twenty points may be awarded to any person during the appointment process: (a) Five points for completion of a minimum of two years at the Elgin Fire Cadet Academy. (b) Five points for being a resident within the geographic boundaries of the City of Elgin for a period of not less than one (1) year prior to the awarding of points." 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 FEBRUARY 24, 2016 VOLUME LXXXI 112 Presented: February 24, 2016 Passed: February 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 24, 2016 Published: February 26, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen 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. Cultural Arts Commission, January 11, 2016 Emergency Telephone System Board, January 21, 2016 Liquor Commission January 13, 2016 Parks and Recreation Advisory Board, November 17, 2015 Sustainability Commission, January 12, 2016 Committee of the Whole Minutes for January 27, 2016 City Council Minutes for January 27, 2016 Telecommunications Tax Alcoholic Tax Revenue Video Gaming Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. VOLUME LXXXI FEBRUARY 24, 2016 113 ADJOURNMENT Councilmember Shaw made a motion, seconded by Councilmember Steffen, 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 8:24 p.m. s/ Kimberly Dewis March 16, 2016 Kimberly Dewis, City Clerk Date Approved