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HomeMy WebLinkAboutg - April 27, 2016 CC177 VOLUME LXXXI APRIL 27, 2016 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on April 27, 2016, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given Pastor Rusty Wimberly Elgin City Church by and the Pledge of Allegiance was led by Fire Chief John Fahy. Mayor Kaptain announced that Councilmember Dunne asked to attend the meeting electronically and asked if there were any objections. Councilmember Prigge made a motion, seconded by Councilmember Gavin, objecting to Councilmember Dunne attending the meeting electronically. Upon a roll call vote: Yeas: Councilmembers Gavin, and Prigge. Nays: Councilmembers Martinez, Powell Rauschenberger, Steffen, and Mayor Kaptain. Motion failed. ROLL CALL Roll call was answered by Councilmembers Dunne (attended electronically via conference call), Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Absent: Councilmember Shaw. MINUTES OF THE APRIL 13, 2016, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve the April 13, 2016, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Arbor Day Proclamation Mayor Kaptain read the following proclamation: APRIL 27, 2016 VOLUME LXXXI 178 PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas and beautify our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin do hereby proclaim April 29, 2016 as Arbor Day, in the city of Elgin and I urge all citizens to celebrate Arbor Day and efforts to protect our trees and woodlands and to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of March, 2016. David J. Kaptain Mayor Firefighter’s Memorial Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, in 1993 the Illinois Fire Services Association unanimously agreed that a monument should be erected to serve as the official memorial; it was to be located on the grounds adjacent to the state Capital building; and WHEREAS, the Illinois Firefighter Memorial is dedicated to the firefighters of Illinois, who have given their lives in the line of duty and to those firefighters who heroically serve with courage, pride and honor; and VOLUME LXXXI APRIL 27, 2016 179 WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their fire service agency, and that members of our fire department recognize their duty to serve the people by safeguarding life and property; and WHEREAS, the men and women of the Elgin Fire Department unceasingly provide a vital public service. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, declare Saturday, May 7, 2016, as the Elgin Area Firefighters’ Memorial Day, a day to remember those Firefighters who have gone before us. I do hereby order the lowering of the flag flying in front of Fire Barn No. 5, to Half-Mast for the remainder of this day, as a symbol of our corporate pledge, to honor all those who have served, who now serve, and who will serve our fair City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2016. David J. Kaptain Mayor Bicycle Safety Week Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION Whereas, the bicycle is an economical, healthy, convenient, and environmentally sound form of transportation for those who ride by choice, or by economic or other necessity; and Whereas, the bicycle is also an excellent tool for recreation and enjoyment of Elgin’s scenic beauty; and Whereas, most bike riders and motorists receive little formal education on the laws and safety techniques governing roadway interactions between motor vehicles and bicycles; and Whereas, the Elgin Bicycle and Pedestrian Advisory Committee encourages residents to learn relevant safety techniques and laws through interactive quizzes for Adult Bicyclists, Child Bicyclists, and Motorists at www.BikeSafetyQuiz.com. Now, therefore, I, David Kaptain, Mayor of the city of Elgin, Illinois do hereby proclaim May 2016 as Bike Month in the city of Elgin, Illinois, and I encourage our residents to get outside and enjoy the simple pleasure of a bike ride. APRIL 27, 2016 VOLUME LXXXI 180 IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2016. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Representatives for the Youth Leadership Academy presented information and a short video regarding the potential for the city to change the name of Columbus Day to Indigenous Peoples’ Day. George Rawlinson thanked the City Council for their past support of the Veteran of the Month presentations and announced the next presentation would be held in May. BID 16-025 AWARDED TO PLOTE CONSTRUCTION, INC. AND ARROW ROAD CONSTRUCTION FOR BITUMINOUS PATCHING MIXTURES GROUPS I AND II Councilmember Gavin made a motion, seconded by Councilmember Powell, to authorize the purchase of bituminous patching mixtures (Group I and Group II) from Plote Construction, Inc. in the amount of $154,560 and from Arrow Road Construction in the amount of $27,200 in order to provide Public Works with the materials necessary to repair and replace asphalt infrastructure. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. BID 16-026 AWARDED TO ORANGE CRUSH FOR 2016 NEIGHBORHOOD STREET RESURFACING PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Gavin, to award the 2016 Neighborhood Street Resurfacing Program bid to Orange Crush in the amount of $4,415,445 I order to improve pavement infrastructure on several adjacent streets within numerous northeast and northwest neighborhoods of Elgin. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. PETITION 03-16 APPROVED FOR AN APPLICATION BY ABCP INVESTMENTS, LLC – LAND SERIES AS APPLICANT AND OWNER; LOCATED AT 2530 MASON ROAD; REQUESTING AN AMENDMENT OF THE TEXT OF THE ZONING ORDINANCE TO EXPAND THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER Marc Mylott, Community Development Director, provided an overview of Petition 03-16 which would allow for an amendment to the municipal code for an area of special character. Mr. Mylott pointed out that this item and the next two items were all related to the same location. It VOLUME LXXXI APRIL 27, 2016 181 was noted that staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. There was discussion regarding the future comprehensive review of the sign code and its potential impact on this area. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petition 03-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING FOR PETITION 04-16 AT 2530 MASON ROAD; AN APPLICATION BY ABCP INVESTMENTS, LLC – LAND SERIES AS APPLICANT AND OWNER; REQUESTING AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR CAPITAL CORPORATE CENTER Mayor Kaptain declared the public hearing open and after asking for comments, with none being offered by the audience or council, he declared the public hearing closed. PETITION 04-16 APPROVED FOR AN APPLICATION BY ABCP INVESTMENTS, LLC – LAND SERIES AS APPLICANT AND OWNER; LOCATED AT 2530 MASON ROAD; REQUESTING AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR CAPITAL CORPORATE CENTER TO ANNEX AND ZONE TERRITORY WITHIN A PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT; AND TO ESTABLISH SPECIAL REGULATIONS FOR GRAPHICS FOR THE CONSTRUCTION OF AN ELECTRONIC CHANGEABLE COPY (LED) GRAPHIC WITHIN AN AREA OF SPECIAL CHARACTER Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 04-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. PETITION 09-16 APPROVED FOR AN APPLICATION BY ELGIN RIVERBOAT RESORT – RIVERBOAT CASINO, D/B/A GRAND VICTORIA CASINO AS APPLICANT AND CITY OF ELGIN AS OWNER; REQUESTING APPROVAL TO DESIGNATE THE GRAND VICTORIA CASINO PROPERTY, PAVILION, RIVER BOAT AND PARKING AREAS WITHIN AN AREA OF SPECIAL CHARACTER Marc Mylott, Community Development Director, provided an overview of Petition 09-16 which would allow for an amendment to the municipal code for an area of special character. Mr. Mylott pointed out that the next item was for the same location. It was noted that staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. APRIL 27, 2016 VOLUME LXXXI 182 There was discussion regarding the future comprehensive review of the sign code and its potential impact on this area. Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve Petition 09-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. PETITION 09-16 APPROVED FOR AN APPLICATION BY ELGIN RIVERBOAT RESORT – RIVERBOAT CASINO, D/B/A GRAND VICTORIA CASINO AS APPLICANT AND CITY OF ELGIN AS OWNER; REQUESTING APPROVAL OF SPECIAL REGULATIONS FOR THE LOCATION, DESIGN AND OPERATION OF LED ELECTRONIC CHANGEABLE COPY GRAPHICS; AND APPROVAL OF A PROGRAM FOR GRAPHICS FOR THE GRAND VICTORIA CASINO Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 09-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. PETITION 11-16 APPROVED FOR AN APPLICATION BY J&N LIQUORS, INC., AN ILLINOIS CORPORATION AS APPLICANT AND BP REALTY PARTNERSHIP, AN ILLINOIS PARTNERSHIP AS OWNER; LOCATED AT 333 SOUTH MCLEAN BOULEVARD, SUITE A; REQUESTING APPROVAL OF A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT Marc Mylott, Community Development Director, provided an overview of Petition 11-16 which would approve a conditional use for a package liquor store. It was noted that staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. There was discussion regarding how long the store front had been unoccupied and the number of liquor establishments in the area. Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve Petition 11-16 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. Councilmember Prigge abstained. VOLUME LXXXI APRIL 27, 2016 183 ORDINANCE G23-16 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL RESTAURANT, BANQUET AND RETAIL/EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (13 DOUGLAS AVENUE) Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. Ordinance No. G23-16 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL RESTAURANT, BANQUET AND RETAIL/EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (13 Douglas Avenue) WHEREAS, written application has been made requesting conditional use approval to establish a commercial space to host various restaurants, banquets, ceremonies, celebrations, meetings, seminars, classes, exhibitions, retail sales and other like activities and events that involve the assembly of persons within a portion of the building located at 13 Douglas Avenue; and WHEREAS, the zoning lot with the building containing the premises at 13 Douglas Avenue comprises of the properties at 11-13 Douglas Avenue, which lot is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CC1 Center City District and such uses are listed as conditional uses within the CC1 Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 7, 2016, following due notice by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and APRIL 27, 2016 VOLUME LXXXI 184 WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the CC1 Center City District 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 March 7, 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 Exhibit A. Section 2. That a conditional use to establish a commercial event space that involves various assemblies of people within the tenant space at 13 Douglas Avenue, contained within the zoning lot at 11-13 Douglas Avenue, commonly identified by Kane County Property Identification Numbers (PIN) Numbers 06-14-284-004 and 06-14-284-016, is legally described as follows: PARCEL ONE: THAT PART OF LOTS 3, 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG THE SOUTH LINE OF SAID LOTS 3, 4 AND 5 TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY. ILLINOIS. PARCEL TWO: THAT PART OF LOTS 3, 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET FOR THE POINT OF BEGINNING; THENCE NORTH ALONG WEST LINE OF SAID LOT 5, 21.5 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY TO A LINE DRAWN PARALLEL WITH THE SOUTHERLY LINE OF SAID LOTS 5, 4 AND 3 FROM THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. Permanent Index Number (PIN) 06-14-284-016 PARCEL THREE: THAT PART OF LOTS 3, 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 43.5 FEET FROM THE POINT OF BEGINNING; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE: OF THE VOLUME LXXXI APRIL 27, 2016 185 CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO A LINE DRAWN PARALLEL WITH AND 66.5 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOTS 5,4 AND 3 AS MEASURED ALONG THE WESTERLY LINE OF SAID LOT 5; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WEST LINE OF SAID LOT 5, THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN. KANE COUNTY, ILLINOIS. Permanent Index Number (PIN) 06-14-284-004 be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Development Application and Attachments, submitted by PKE Enterprises, Inc., as applicant, and consisting of the following exhibits: a. Statement Purpose prepared by PKE Enterprises, Inc dated January 5, 2016 b. Letter from 11-17 Douglas Land Trust dated January 5, 2016 providing the consent of the property owner c. Tenant space floor plan submitted by PKE Enterprises, Inc dated January 5, 2016 d. Plat of Survey prepared by Gerald Sopha, Professional Surveyor dated September 10, 2001. In the event of any conflict between the foregoing documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. 2. Assembly uses permitted by this grant of conditional use include: Savory Cooking Classes Cooking and Baking Classes Wine tasting and Parings Cooking competitions Business Dinners, Breakout Sessions, and/or Round-Table Discussions; Banquets (General); Baby Showers and/or Bridal Showers; Baptisms and/or Christenings; Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs); Conferences, Conventions, and/or Seminars; Colloquiums; Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; Corporate and/or Non-profit Events; Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes; Exhibitions, including but not limited to Art Shows; Expositions; Fairs and/or Festivals; Fundraisers; APRIL 27, 2016 VOLUME LXXXI 186 Galas; Gallery Displays, including but not limited to works of art, either temporary or permanent; Live Performances, Readings, and/or Plays; Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; Mind and Body Classes and Sessions, including but not limited to Meditation and/or Yoga; Networking Events; Plenary or General Sessions; Political Events; Press Conferences; Product Launch Events; Receptions; Retreats and Team Building Events; Social Events; Symposiums; Weddings Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; Other like assemblies of people. 3. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant, a registered food service provider operating on a temporary basis within the premises, or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant, a registered food service provider operating on a temporary basis within the premises or from an off-site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules, and regulations. Finally, any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules, and regulations. 4. The above assembly uses are authorized for the indoor tenant space at 13 Douglas Avenue as described within the associated application for conditional use. 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. Compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXI APRIL 27, 2016 187 Presented: April 27, 2016 Passed: April 27, 2016 Vote: Yeas: 7 Nays: 0 Abstain: 1 Recorded: April 27, 2016 Published: April 29, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. T20-16, S3-16 and G18-16 through G22-16 and adopt Resolution Nos. 16-63 through 16-70 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-63 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ADMINISTRATION AND DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2016 NEIGHBORHOOD STREET REHABILITATION- WOODARD/STANDISH PROJECT AND THE 2017 NEIGHBORHOOD STREET REHABILITATION-MOSELY/ORCHARD PROJECT Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-63 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ADMINISTRATION AND DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2016 NEIGHBORHOOD STREET REHABILITATION-WOODARD/STANDISH PROJECT AND THE 2017 NEIGHBORHOOD STREET REHABILITATION-MOSELY/ORCHARD 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 APRIL 27, 2016 VOLUME LXXXI 188 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 Burns & McDonnell Engineering Company, Inc. for construction administration and design engineering services in connection with the 2016 Neighborhood Street Rehabilitation-Woodard/Standish Project and the 2017 Neighborhood Street Rehabilitation-Mosely/Orchard Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Adopted: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-64 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CHASTAIN & ASSOCIATES LLC FOR CONSTRUCTION ADMINISTRATION AND DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2016 NEIGHBORHOOD STREET REHABILITATION-EASY STREET PROJECT Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-64 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CHASTAIN & ASSOCIATES LLC FOR CONSTRUCTION ADMINISTRATION AND DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE 2016 NEIGHBORHOOD STREET REHABILITATION-EASY STREET 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 Amendment Agreement No. 1 on behalf of the City of Elgin VOLUME LXXXI APRIL 27, 2016 189 with Chastain & Associates LLC for construction administration and design engineering services in connection with the 2016 Neighborhood Street Rehabilitation-Easy Street Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Adopted: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-65 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN EDGEWATER SUBDIVISION PHASE 4-FIRST RESUBDIVISION (NORTH PORTION) Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-65 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN EDGEWATER SUBDIVISION PHASE 4-FIRST RESUBDIVISION (NORTH PORTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the public improvements in the Edgewater Subdivision Phase 4-First Resubdivision (North Portion). Acceptance of the public improvements will add the following city-maintained facilities: approximately 3,694 lineal feet of 8-inch watermain; 9 valves in 4-foot vaults; 13 fire hydrants; 2,504 lineal feet of 8-inch sanitary sewer; 19 sanitary manholes; and all their respective appurtenances. s/ David J. Kaptain David J. Kaptain, Mayor APRIL 27, 2016 VOLUME LXXXI 190 Presented: April 27, 2016 Adopted: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-66 ADOPTED RATIFYING THE EXECUTION OF A 2016 AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-66 RESOLUTION RATIFYING THE EXECUTION OF A 2016 AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a 2016 Agreement by Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, with the Kane County Child Advocacy Center by and through the Kane County State's Attorney for funding assistance for the investigation of incidents of child physical abuse and child sexual abuse, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Adopted: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI APRIL 27, 2016 191 RESOLUTION 16-67 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM MICHAEL A. HOPKINS AND TERESA A. HOPKINS (749 RUTH DRIVE) Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-67 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM MICHAEL A. HOPKINS AND TERESA A. HOPKINS (749 Ruth Drive) 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 an easement agreement for water main purposes from Michael A. Hopkins and Teresa A. Hopkins for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Adopted: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk APRIL 27, 2016 VOLUME LXXXI 192 RESOLUTION 16-68 ADOPTED FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE REGARDING THE 2016 MOTOR FUEL TAX PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-68 IS ON FILE IN THE CITY CLERK’S OFFICE RESOLUTION 16-69 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STRYKER SALES CORPORATION FOR TWO POWERLOAD 6390 SYSTEMS AND FOUR STAIR-PRO 6252 CHAIRS Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-69 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STRYKER SALES CORPORATION FOR TWO POWERLOAD 6390 SYSTEMS AND FOUR STAIR-PRO 6252 CHAIRS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Stryker Sales Corporation for two PowerLOAD 6390 Systems and four Stair-Pro 6252 chairs, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXI APRIL 27, 2016 193 Presented: April 27, 2016 Adopted: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-70 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH BLAIN SUPPLY, INC. (629 SOUTH RANDALL ROAD) Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-70 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH OTTAWA FARM & FLEET, INC. (629 South Randall Road) 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 an Economic Incentive Agreement with Ottawa Farm & Fleet, Inc. on behalf of the City of Elgin for economic development assistance in connection with the development of a Blain's Farm & Fleet Retail Store at 629 South Randall Road, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Adopted: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk APRIL 27, 2016 VOLUME LXXXI 194 ORDINANCE T20-16 PASSED AMENDING THE 2015 BUDGET Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. T20-16 AN ORDINANCE AMENDING THE 2015 BUDGET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2015 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference. Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Passed: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 27, 2016 Published: April 29, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S3-16 PASSED DESIGNATING 408 ORANGE STREET, ELGIN, ILLINOIS, AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXI APRIL 27, 2016 195 Ordinance No. S3-16 AN ORDINANCE DESIGNATING 408 ORANGE STREET, ELGIN, ILLINOIS AS A THEMATIC HISTORIC DISTRICT PROPERTY WITHIN THE ELGIN BUNGALOW THEMATIC HISTORIC DISTRICT WHEREAS, the owner(s) of record of the property commonly known as 408 Orange Street, Elgin, Illinois, has filed an application with the City of Elgin requesting that such property be designated as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District; and WHEREAS, on March 1, 2016, the Elgin Heritage Commission conducted a public hearing and determined whether 408 Orange Street meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the property at 408 Orange Street embodies elements of design, detailing, materials or craftsmanship that identify it as a Bungalow; and WHEREAS, the property has been determined by the Elgin Heritage Commission as one possessing the required characteristics to qualify as eligible to be designated within the Elgin Bungalow Thematic Historic District; and WHEREAS, the property has demonstrated character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country; and WHEREAS, the property retains its architectural and structural integrity and is worthy of preservation; and WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin’s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate 408 Orange Street as a Thematic Historic District Property within the Elgin Bungalow Thematic Historic District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that 408 Orange Street, located upon the property legally described as follows: Lot 14 in Block 6 of D.E. Addition to Elgin, in the City of Elgin, Kane County, Illinois. APRIL 27, 2016 VOLUME LXXXI 196 Permanent Index Number: 06-23-253-017 be and is hereby designated within the Elgin Bungalow Thematic Historic District as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of this ordinance to the owner(s) of record, and record a certified copy of this ordinance in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Passed: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 27, 2016 Published: April 29, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G18-16 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G18-16 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXXI APRIL 27, 2016 197 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 subparagraphs A, N and P thereof to read as follows: "A. The number of class A licenses shall not exceed twelve (12) in number. N. The number of class E-1 licenses shall not exceed seven (7) in number. P. The number of class E-3 licenses shall not exceed two (2) in number." 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 upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Passed: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 27, 2016 Published: April 29, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G19-16 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" WITH RESPECT TO REGULATIONS FOR THE CLASS R LIQUOR LICENSE CLASSIFICATION, THE YOUNG ADULT NIGHT PERMIT AND A TEEN NIGHT PERMIT Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. APRIL 27, 2016 VOLUME LXXXI 198 Ordinance No. G19-16 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” WITH RESPECT TO REGULATIONS FOR THE CLASS R LIQUOR LICENSE CLASSIFICATION, THE YOUNG ADULT NIGHT PERMIT AND A TEEN NIGHT PERMIT WHEREAS, Section 5/4-1 of the Illinois Liquor Code (235 ILCS 5/4-1) authorizes cities to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor, and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII, Section 6 of the Illinois Constitution and may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, the regulation of alcoholic liquor dealers and the protection of the public health, safety and welfare and providing for the public good and convenience are subjects within the city's home rule authority pertaining to the city's government and affairs; and WHEREAS, the city council finds that it is desirable to clarify and amend certain liquor license regulations with respect to the Class R liquor license classification, the young adult night permit and to create a new teen night permit; and WHEREAS, the city council finds that the amendments as provided in this ordinance and this ordinance are necessary to protect the public health, safety and welfare and are for the public good and convenience; and WHEREAS, the amendments as provided in this ordinance and this ordinance are authorized by law and adopted pursuant to the city's home rule authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are incorporated into and made part of this ordinance, as findings of the city council. 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 R1 thereof which relates to the Class R liquor license classification as follows: VOLUME LXXXI APRIL 27, 2016 199 "Class R: For the retail sale by a nightclub, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located in the CC1 center city zoning district and east of the Fox River. A licensee holding a class R license may sell or permit to be sold alcoholic liquors only on Fridays and Saturdays from ten o'clock (10:00) A.M. until six o'clock (6:00) A.M. the following day and on Sundays through Thursdays from ten o'clock (10:00) A.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class R license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from ten o'clock (10:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from ten o'clock (10:00) A.M. until four o'clock (4:00) A.M. the following day. In the event a nightclub seeking a class R license is a private club with admission limited to members and their guests only, the application and any license issued for such an establishment shall so provide admission and the sale of alcohol at such an establishment shall be limited to members and their guests only. The license fee per year is three thousand eighty dollars ($3,080.00)." Section 3. That Section 6.06.056 of the Elgin Municipal Code, 1976, as amended, entitled "Young Adult Night Permit:" be and is hereby further amended by amending subparagraphs A and B thereof to read as follows: "A. There is established a young adult night permit to allow the licensee to provide entertainment consisting of, but not limited to, parties, dances, musical and theatrical performances, or other such similar events of an entertaining nature on the licensed premises of the principal establishment for which there is a then currently issued and valid class R license. Admission to an entertainment event being conducted pursuant to a young adult night permit may be solely limited to the members of a private club consisting of members between the ages of seventeen (17) and twenty one (21) and the members' guests. The issuance of a young adult night permit shall only be granted upon the submission and approval of an application to the local liquor control commission. B. Not more than three entertainment events conducted pursuant to a young adult night permit shall occur within any seven (7) day period." Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by adding a new Section 6.06.057 thereto entitled "Teen Night Permit" to read as follows: "6.06.057: Teen Night Permit: A. There is established a teen night permit to allow the licensee to provide entertainment consisting of, but not limited to, parties, dances, musical and theatrical performances, or other such similar events of an entertaining nature on the licensed premises of the principal establishment for which there is a then currently issued and valid class R license. Admission to an entertainment event being conducted pursuant to a teen night permit shall be solely limited to persons between the ages of thirteen (13) and sixteen (16) years old. The issuance of a teen APRIL 27, 2016 VOLUME LXXXI 200 night permit shall only be granted upon the submission and approval of an application to the local liquor control commission. B. Not more than three entertainment events conducted pursuant to a teen night permit shall occur within any seven (7) day period. C. A teen night permit shall expire on April 30, next after the date of issue. D. Notwithstanding subsection 6.06.140N of this chapter, an entertainment event being conducted pursuant to a teen night permit shall be subject to the following age restrictions and identification requirements: 1. No person conducting or operating an entertainment event pursuant to a teen night permit shall permit, either by act or omission, any person under the age of thirteen (13) years to enter or remain on the licensed premises. 2. No person conducting or operating an entertainment event pursuant to a teen night permit shall permit, either by act or omission, any person over the age of sixteen (16) years to enter or remain upon the licensed premises, unless: a. That person is operating or managing the entertainment event pursuant to a teen night permit. b. That person is a bona fide employee of the person operating or managing the entertainment event pursuant to a teen night permit. c. That person is a parent or guardian of an authorized attendee of a teen night permit event. d. That person is over the age of sixteen (16) and has been admitted to a designated floor area of the licensed premises that is separate, distinct and not freely accessible from the floor area of the licensed premises in which the entertainment event conducted pursuant to a teen night permit is being held. 3. The person conducting or operating the teen night event shall require a government issued photo identification card showing the age of each person admitted or seeking to be admitted. 4. Any person who shall by affirmative misrepresentation of age obtain admission to or permission to remain at any entertainment event being conducted pursuant to a teen night permit contrary to the provisions of this section shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). VOLUME LXXXI APRIL 27, 2016 201 5. Any person who permits a person to enter or remain at any entertainment event being conducted pursuant to a teen night permit contrary to the provisions of this section shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). E. No alcoholic liquor may be displayed, sold, advertised, served, possessed or consumed within the designated floor area of the licensed premises where an entertainment event conducted pursuant to a teen night permit is being held at any time. F. The sale, use or possession of what is commonly referred to as "glow sticks", lollipops, menthol inhalers, medicated vapor rub, pacifiers, surgical masks or dust masks shall be prohibited during any event conducted pursuant to a teen night permit. G. An application for a teen night permit shall be submitted to the local liquor control commission and shall contain the following information: 1. The applicant's name, address and day and evening telephone numbers. If the applicant is not a natural person, this information shall be provided for both the applicant and for the natural person making the application on behalf of the applicant. If the applicant is not a natural person, the applicant shall also provide the names, addresses and day and evening telephone numbers of the limited partners, partners, owners and principals of the applicant. 2. The complete address and identification of the areas within the licensed premises in which the teen night event will be conducted. 3. The proposed date or dates on which the entertainment event or events requiring a teen night permit will occur and a description of the proposed entertainment that will be occurring on those dates. 4. The designation of not less than one on site manager who will be in attendance during and following each teen night event and be responsible for the direct operation and oversight of the licensed premises and the supervision of other employees or workers. The on site manager shall have authority to accept complaints, notice of violations and take any corrective actions required by the city. 5. A security plan detailing the manner in which the applicant will maintain order on the licensed premises and ensure compliance with the laws of the state and this code. Any changes to the approved security plan must be submitted and approved by the chief of police not less than five (5) business days before the event. APRIL 27, 2016 VOLUME LXXXI 202 6. A statement from the applicant that the licensed premises on which the applicant will conduct or operate the teen night event will comply with all laws and other legal requirements, including, but not limited to, building, property maintenance, zoning, health and fire prevention codes; and a statement that the applicant and any employee or agent thereof will, in the conduct of any teen night event, comply with all laws and other legal requirements, including, but not limited to, the building, property maintenance, zoning, health and fire prevention codes. 7. A statement of indemnification from the applicant stating that the licensee shall indemnify and hold the city harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees, or patrons or on account of any act or omission of the licensee in its exercise of its license or use or occupancy of any premises in connection with such license. In the event any suit or action is brought against the city, the licensee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and the licensee jointly; provided, that in the event the city determines that one or more principles of governmental or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the city or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the licensee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city, or its officers, employees or agents. 8. Such other information as the local liquor control commission shall require to ensure the health, safety and welfare of the patrons of a teen night event. 9. A certification or declaration under penalty of perjury under the laws of the state of Illinois that the information and statements in the application are true and correct. H. Any teen night permit issued by the local liquor control commission shall also be subject to the following limitations: 1. The approved security plan shall be followed without any changes unless such change has been submitted to the chief of police in writing not less than five (5) business days before the entertainment event being conducted pursuant to the teen night permit and any such change has been approved by the chief of police prior to the event. VOLUME LXXXI APRIL 27, 2016 203 2. Security personnel shall be required for the maximum capacity of the entertainment event at the licensed premises as determined by the chief of police upon receiving the fire chief's determination regarding the maximum capacity of the licensed premises. 3. The holder of a teen night permit shall notify the local liquor control commission in writing as to any proposed changes regarding the proposed date or dates on which the entertainment event or events requiring a teen night permit will occur and shall not change any designated event dates without first receiving approval from the local liquor control commission. 4. No persons shall be admitted to the licensed premises prior to the opening of the event. 5. Only the holder of a then currently issued and valid class R liquor license for the establishment may apply for a teen night permit. 6. All peace officers of the city shall have free access to an event being conducted pursuant to a teen night permit. 7. No person operating or conducting an entertainment event pursuant to a teen night permit shall permit any person, other than an employee or manager, to leave the licensed premises and return during the course of an event unless that person pays a readmission fee equal to, or greater than, one-half (1/2) of the original price of admission or cover charge. I. A teen night permit shall be limited to the hours between twelve o'clock (12:00) P.M. and ten o'clock (10:00) P.M. J. The annual fee for a teen night permit shall be one hundred dollars ($100.00)." Section 5. 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 6. 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 APRIL 27, 2016 VOLUME LXXXI 204 Presented: April 27, 2016 Passed: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 27, 2016 Published: April 29, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G20-16 PASSED CLASSIFYING TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2500 GALVIN DRIVE) Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G20-16 AN ORDINANCE CLASSIFYING TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2500 Galvin Drive) WHEREAS, the territory herein described commonly known as 2500 Galvin Drive is classified within an ORI Office Research Industrial District; and WHEREAS, written application has been made to classify said territory in the PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the Findings and Recommendation of 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 a planned development as a map amendment pertain to the government and affairs of the city. NOW, THEREFORE, be it ordained by the City Council of the City of Elgin, Illinois: VOLUME LXXXI APRIL 27, 2016 205 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 4, 2016, made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled “Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District, the following described property: THAT PART OF THE SOUTH 666.0 FEET OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 58 MINUTES 11 SECONDS WEST ALONG THE SOUTH LINE THEREOF 2006.68 FEET TO THE EAST LINE OF INDIAN TRAILS UNIT NO. 2, THENCE NORTH 01 DEGREE 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 660.01 FEET TO THE NORTH LINE OF THE SOUTH 666.0 FEET OF SAID SOUTHWEST QUARTER; THENCE SOUTH 88 DEGREES 58 MINUTES 11 SECONDS EAST ALONG SAID NORTH LINE, 2002.90 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 0 DEGREES 56 MINUTES 44 SECONDS WEST ALONG SAID EAST LINE, 666.0 FEET TO THE POINT OF BEGINNING, IN DUNDEE TOWNSHIP, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. Section 3. That the City Council of the City of Elgin hereby grants the rezoning from ORI Office Research Industrial District to PORI Planned Office Research Industrial District at 2500 Galvin Drive which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial District is to provide an industrial environment that fosters a sense of place and destination within a coordinated campus or park setting through the applicable site design regulations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. APRIL 27, 2016 VOLUME LXXXI 206 C. General Provisions. In this PORI 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, as may be amended from time to time. D. Zoning Districts - Generally. In this PORI Planned Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, as may be amended from time to time. E. Location and Size of District. The PORI Planned Office Research Industrial District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PORI District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. No departure from the required minimum size of a planned district shall be granted by the City Council. F. Land Use. In this PORI Planned Office Research Industrial District, the only land uses allowed shall be those allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in the ORI office research industrial district as provided for within Chapter 19.40.130 Land Use, and subject to the provisions of Chapter 19.10 Land Use, of the Elgin Municipal Code as amended, with the exception of those land uses prohibited within an arterial road corridor overlay district as provided for within Chapter 19.15.520 Land Uses, of the Elgin Municipal Code as amended. G. Site Design. In this PORI Planned Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Development Application and supporting documents submitted by Interstate Partners, LLC, agent for the owner for this application, including the following exhibits: a. Statement of Purpose and Conformance dated received February 19, 2016 b. Consent and Disclosure statement submitted by Gary Hunter Managing Member of the Owner TLF Northwest Business Park VII LLC, dated received February 19, 2016 c. Proposed Graphics specifications Pages 1-8 prepared by ABC Sign Company, versions 5 last revised on February 17, 2016, and versions 6 last revised on February 18, 2016. In the event of any conflict between the foregoing documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. VOLUME LXXXI APRIL 27, 2016 207 2. Compliance with all other applicable codes and ordinances. H. Off Street Parking. In this PORI Planned Office Research Industrial District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended. I. Off Street Loading. In this PORI Planned Office Research Industrial District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. J. Signs. In this PORI Planned Office Research Industrial District, signs shall be subject to the provisions of 19.50, Street Graphics, as may be amended from time to time except as provided for and additionally stipulated as follows: 1. The subject property shall be allowed the construction of a total of three monument graphics with a surface area not to exceed 60 square feet and a maximum height not to exceed 10 feet to be located at the entrance to the property along Galvin Drive, whereas the zoning ordinance allows for no more than one monument graphic. 2. The minimum distance between monument graphics shall be 95 feet whereas the zoning ordinance requires that a one hundred (100) linear foot separation be maintained between all monument graphics 3. The subject property shall be allowed the construction of no less than six (6) wall graphics to be located at the loading dock doors along the northerly elevation of the building, whereas the zoning ordinance allows for no more than two (2) graphics for each occupant located on the ground floor of a building. 4. The subject property shall be allowed the installation of fifteen (15) directional graphics on the interior of the property’s parking lots with a surface area of 6.25 square feet excluding the base of the directional graphics, as allowed by the ordinance, whereas the zoning ordinance requires that directional graphics be no more than 2 square feet in surface area. The graphics shall be no more than 5.75 feet in height, whereas the zoning ordinance require that directional graphics not exceed 3 feet in height. K. Planned Developments. In this PORI Planned Office Research Industrial District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PORI APRIL 27, 2016 VOLUME LXXXI 208 zoning district and without necessitating that all other property owners authorize such an application. L. Conditional Uses. In this PORI Planned Office Research Industrial District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Variations. In this PORI Planned Office Research Industrial District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. N. 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, as may be amended from time to time. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Passed: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 27, 2016 Published: April 29, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI APRIL 27, 2016 209 ORDINANCE G21-16 PASSED AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G21-16 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ZONING” WHEREAS, written application has been made to amend the Elgin zoning ordinance to amend the areas of special character to provide for special street graphics not otherwise allowed by the zoning ordinance; and WHEREAS, the Planning and Zoning Commission held a public hearing on March 7, 2016, concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said amendments; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said amendments; 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 to amend the areas of special character 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 Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, entitled “Areas of Special Character”, Subsection A, be and is hereby further amended by adding the following additional subsection 5 thereto to read as follows: “5. The Elgin Sports Complex at 709 Sports Way comprising 496 acres, more or less, located south of U.S. Highway 20, east of McLean Boulevard and west of State Street (Route 31).” APRIL 27, 2016 VOLUME LXXXI 210 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Passed: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 27, 2016 Published: April 29, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G22-16 PASSED CLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN THE ELGIN SPORTS COMPLEX AREA OF SPECIAL CHARACTER (709 SPORTS WAY) Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G22-16 AN ORDINANCE CLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN THE ELGIN SPORTS COMPLEX AREA OF SPECIAL CHARACTER (709 Sports Way) WHEREAS, written application has been made to classify said territory commonly referred to as the Elgin Sports Complex at 709 Sports Way in the PCF Planned Community Facility District; and VOLUME LXXXI APRIL 27, 2016 211 WHEREAS, written application has been made to add the property commonly known as 709 Sports Way within an area of special character; and 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 regulation 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. G21-16, has designated the property commonly referred to as 709 Sports Way, and further described in Section 1 of said ordinance as the Elgin Sports Complex Area of Special Character pursuant to Section 19.50.105; and WHEREAS, written application has been made to adopt special regulations for street graphics on the property commonly referred to as 709 Sports Way, those regulations being further described in Section 1 of this ordinance as part of the Elgin Sports Complex Area of Special Character; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning designating the property at 709 Sports Way as an Area of Special Character and concerning the proposed special regulations and has submitted its written findings and recommendation that the subject property be established as the Elgin Sports Complex Area of Special Character and that the special regulations for street graphics be granted; and WHEREAS, the City Council has previously determined that the Elgin Sports Complex Area of Special Character has unique characteristics including the area's location, topography and being adjacent to U. S. Highway 20, McLean Boulevard and State Street (Route 31), all of which are classified as arterial streets within the city of Elgin; and WHEREAS, the City Council further finds that the location and use of the subject property as a regional recreational facility, 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 special regulations for the subject property are consistent with the unique character and unique use of the Elgin Sports Complex 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 subject property’s portion of the Elgin Sports Complex Area of Special Character; 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 a planned development as a map amendment pertain to the government and affairs of the city. APRIL 27, 2016 VOLUME LXXXI 212 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 7, 2016, made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled “Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, commonly identified by Kane County Property Identification Numbers (PIN) Numbers 06-22-376- 004, 06-22-400-002, 06-22-400-003, 06-22-400-005, 06-22-400-013, 06-23-300-003, 06- 23-300-004, 06-23-300-007, 06-23-400-013, 06-23-400-014, 06-23-400-018 and 06-26- 101-004, and legally described as follows: THAT PART OF SECTIONS 22, 23, 25 AND 27 TOWNSHIP 41 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF SAID SECTION 22; THENCE SOUTHERLY ALONG THE WEST LINE OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF SAID SECTION 22, A DISTANCE OF 1038.8 FEET, THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 88 DEGREES 11 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 1843.60 FEET TO THE CENTER LINE OF MCLEAN BOULEVARD (STATE ROUTE 18) ACCORDING TO THE PLAT OF HIGHWAYS RECORDED JULY 13, 1995, AS DOC. #95K038533, THENCE SOUTHWESTERLY ALONG SAID CENTER LINE BEING A CURVE TO THE LEFT AND HAVING A RADIUS OF 4193.46 FEET, A DISTANCE OF 574.46 FEET TO A POINT OF TANGENCY OF SAID CENTER LINE, THENCE SOUTHWESTERLY ALONG SAID CENTER LINE AND BEING TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 771.95 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1038.8 FEET; THENCE SOUTHERLY ALONG A LINE PERPENDICULAR TO THE NORTH LINE OF THE N NORTHWEST ¼ OF SECTION 27, BEING ALSO THE SOUTH LINE OF THE SOUTHWEST ¼ OF SECTION 22, A DISTANCE OF 1616.97 FEET TO THE SOUTH LINE OF THE NORTH ½ OF THE NORTHEAST ¼ OF SECTION 27, TOWNSHIP AND RANGE AFORESAID; THENCE EASTERLY ALONG SAID SOUTH LINE 2271.92 FEET TO THE SOUTHEAST CORNER OF SAID NORTH ½; THENCE NORTHERLY ALONG THE EAST LINE OF THE NORTHEAST ¼ OF SAID SECTION 27, A DISTANCE OF 346.31 FEET TO THE SOUTH LINE OF THE ILLINOIS MENTAL HEALTH CENTER PROPERTY; THENCE EASTERLY ALONG THE SOUTH LINE OF THE ILLINOI MENTAL HEALTH CENTER PROPERTY VOLUME LXXXI APRIL 27, 2016 213 1889.03 FEET TO A POINT 740.0 FEET WEST OF THE EAST LINE OF SAID NORTHWEST ¼ THENCE NORTHERLY PARALLEL WITH SAID EAST LINE OF THE NORTHWEST ¼ ; 983.40 FEET TO THE NORTH LINE OF SAID NORTHWEST ¼; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP AND RANGE AFORESAID, A DISTANCE OF 815.50 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST ¼ 740.0 FEET TO THE EAST LINE SAID SOUTHWEST ¼ ; THENCE NORTHERLY ALONG SAID EAST LINE 1785.47 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE TO 3566.12 FEET TO A POINT OF CURVATURE IN SAID MONUMENTED SOUTHERLY RIGHT-OF-WAY LINE; THENCE NORTHWESTERLY ALONG SAID MONUMENTED SOUTHERLY LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 6446.26 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 394.57 FEET TO THE WEST LINE OF TH SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 22 AFORESAID, THENCE SOUTHERLY ALONG SAID WEST LINE, A DISTANCE OF 113.72 FEET TO THE PLACE OF BEGINNING AT THE CITY OF ELGIN TOWNSHIP KANE COUNTY ILLINOIS; AND THAT PART OF THE SOUTHEAST QUARTER OF SECTION 23 TOWNSHIP 41 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 23 WITH THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE US ROUTE 20 BYPASS, THENCE SOUTH 00 DEGREES 09 MINUTES 40 SECONDS WEST, ALONG AFORESAID WEST LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 797.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 33 MINUTES 51 SECONDS EAST, A DISTANCE OF 564.68 FEET; THENCE NORTH 03 DEGREES 41 MINUTES 48 SECONDS EAST, A DISTANCE OF 820.00 FEET TO THE AFORESAID SOUTHERLY RIGHT-OF-WAY LINE OF US ROUTE 20 BYPASS; THENCE SOUTH 88 DEGREES 45 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1123.09 FEET; THENCE SOUTHEASTERLY, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 959.76 FEET, CHORD BEARING OF SOUTH 72 DEGREES 47 MINUTES 03 SECONDS EAST, AN ARC DISTANCE OF 208.78 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 09 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 4.20 FEET; THENCE SOUTHEASTERLY, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 3029.48 FEET, CHORD BEARING OF SOUTH 70 DEGREES 50 MINUTES 57 SECONDS EAST, AN ARC DISTANCE OF 454.37 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE NO. 31, THENCE SOUTH 00 DEGREES 42 MINUTES 08 SECONDS EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 188.74 FEET; THENCE SOUTH 05 DEGREES 17 MINUTES 58 SECONDS WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 601.08 FEE; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE BEGIN ALONG A CURVE TO APRIL 27, 2016 VOLUME LXXXI 214 THE RIGHT HAVING A RADIUS OF 3241.17 FEET, CHORD BEARING F SOUTH 11 DEGREES 18 MINUTES 04 SECONDS WEST, AN ARC DISTANCE OF 679.01 FEET; THENCE SOUTH 21 DEGREES 43 MINUTES 17 SECONDS WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 96.27 FEET; THENCE SOUTH 20 DEGREES 14 MINUTES 40 SECONDS WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 68.38 FEET TO A JOG IN SAID WESTERLY LINE; THENCE NORTH 69 DEGREES 35 MINUTES 38 SECONDS WEST ALONG SAID JOG, A DISTANCE OF 30.00 FEET; THENCE SOUTH 20 DEGREES 14 MINUTES 40 SECONDS WEST ALONG SAID WESTERLY RIGHT- OF-WAY LINE A DISTANCE OF 20.00 FEET TO A JOG IN SAID WESTERLY RIGHT-OF-WAY LINE; THENCE SOUTH 69 DEGREES 35 MINUTES 38 SECONDS EAST ALONG SAID JOG, A DISTANCE OF 30.00 FEET; THENCE SOUTH 20 DEGREES 14 MINUTES 40 SECONDS WEST, ALONG SAID WESTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 95.40 FEET; THENCE SOUTH 40 DEGREES 51 MINUTES 13 SECONDS WEST, ALONG SAID WESTERLY RIG HT-OF-WAY LINE A DISTANCE OF 49.38 FEET; THENCE SOUTH 65 DEGREES 11 MINUTES 41 SECONDS WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 27.00 FEET; THENCE SOUTH 27 DEGREES 31 MINUTES 54 SECONDS WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 107.73 FEET; THENCE SOUTH 28 DEGREES 49 MINUTES 52 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 32.11 FEET; THENCE NORTH 84 DEGREES 37 MINUTES 06 SECONDS WEST, A DISTANCE OF 1110.23 FEET TO A POINT HEREAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTH 84 DEGREES 37 MINUTES 06 SECONDS WEST A DISTANCE OF 557.75 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 37 SECONDS WEST, A DISTANCE OF 344.06 FEET TO THE AFORESAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 23; THENCE NORTH 00 DEGREES 09 MINUTES 40 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 1165.66 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PART OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 23 DESCRIBED AS FOLLOWS: COMMENCING AT THE AFORESAID POINT “A”; THENCE NORTH 05 DEGREES 22 MINUTES 54 SECONDS EAST, A DISTANCE OF 422.29 FEET; THENCE SOUTH 79 DEGREES 01 MINUTES 05 SECONDS EAST, A DISTANCE OF 78.58 FEET FOR THE POINT OF BEGINNING OF EXCEPTION; THENCE NORTH 79 DEGREES 01 MINUTES 05 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE AND SAID LINE EXTENDED WESTERLY, A DISTANCE OF 461.30 FEET; THENCE NORTH 10 DEGREES 58 MINUTES 55 SECONDS EAST, A DISTANCE OF 394.97 FEET; THENCE SOUTH 79 DEGREES 01 MINUTES 05 SECONDS EAST, A DISTANCE OF 357.62 FEET; THENCE SOUTH 10 DEGREES 58 MINUTES 53 SECONDS WEST, A DISTANCE OF 284.28 FEET; THENCE SOUTH 79 DEGREES 01 MINUTES 05 SECONDS EAST, A DISTANCE OF 284 .28 FEET; THENCE SOUTH 79 DEGREES 01 MINUTES 05 SECONDS EAST, A DISTANCE OF 103.68 FEET THENCE SOUTH 10 DEGREES 56 MINUTES 55 SECONDS WEST, A DISTANCE OF 110.70 FEET TO THE POINT OF BEGINNING. CONTAINING 90.00 ACRES MORE OR LESS, ALSO A 66.00 FOOT INGRESS, EGRESS AND UTILITY EASEMENT OVER THAT PART OF AFORESAID VOLUME LXXXI APRIL 27, 2016 215 SOUTHEAST QUARTER OF SECTION 23 DESCRIBED AS FOLLOWS: BEGINNING AT AFORESAID POINT “A”; THENCE NORTH 05 DEGREES 22 MINUTES 43 SECONDS EAST, A DISTANCE OF 422.29 FEET; THENCE NORTH 79 DEGREES 01 MINUTES 05 SECONDS WEST, A DISTANCE OF 66.32 FEET; THENCE SOUTH 05 DEGREES 22 MINUTES 54 SECONDS WEST, A DISTANCE OF 428.76 FEET TO THE INTERSECTION WITH A LINE THAT BEARS NORTH 85 DEGREES 41 MINUTES 37 SECONDS WEST FROM THE POINT OF BEGINNING OF SAID EASEMENT; THENCE SOUTH 86 DEGREES 41 MINUTES 37 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 66.00 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT, SITUATED IN THE CITY OF ELGIN KANE COUNTY, ILLINOIS AND CONTAINING 90.00 ACRES MORE OR LESS. (Commonly referred to the Elgin Sports Complex at 709 Sports Way) Section 3. The following Special Regulations for Street Graphics for the Elgin Sports Complex Area of Special Character, such property being legally described in Section 2 of this ordinance; be and are hereby granted and approved pursuant and subject to the following terms and conditions: 1. Compliance with the graphics exhibit prepared by Empire Architectural design and Wayfinding, dated May 4, 2015, and last revised on February 22, 2016, attached hereto as Exhibit B (such plan is hereinafter referred to as the “Subject Special Sign District Plan”). Pursuant to the Subject Special Sign District Plan, one single-faced light emitting diode (LED) electronic changeable copy graphic (the “Special Sign”) and depicted, shall be permitted on the Subject Property in the location as set forth in paragraph 3 below. 2. The Special Sign shall be installed only at a location at the northwest corner of the Subject Property at the southeast corner of the intersection of McLean Boulevard and Sports Way as depicted on Exhibit B attached hereto. The Special Sign may be constructed on a berm which is not higher than thirty-six inches above the surrounding average grade and landscaped in an area equal to no less than 2.5 times the surface area of the graphic. 3. The graphic shall be oriented in such a manner as to create minimum negative impact to the greatest extent possible on residential property in the vicinity. 4. The light emitting diode (LED) electronic display panel included as part of the sign shall also comply with the following additional standards: a. All images, displays or messages of any type or nature (hereinafter collectively “Image” or “Images”) shall be static without any type of movement or motion whether the Images are in the form of animation, video, text or otherwise. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an Image shall be allowed. APRIL 27, 2016 VOLUME LXXXI 216 b. The rate of change for any Image shall be for a minimum period of ten (10) seconds, i.e., each Image displayed shall be displayed for a minimum period of ten (10) seconds. c. Any Image or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode. d. The intensity or maximum brightness of the light emitting diode (LED) electronic display panel shall not exceed five thousand (5,000) nits when measured from the sign’s face at its maximum brightness, during daylight hours, and five hundred (500) nits when measured from the sign’s face at its maximum brightness between dusk and dawn, i.e. the time of day between sunrise and sunset. The light emitting diode (LED) electronic display panel shall include an ambient light meter at a programmable or manual dimming capacity. e. The square footage of the light emitting diode (LED) electronic message center shall not exceed 41 square feet or 16% of the overall surface area of the graphic, whichever is less. f. The light emitting diode (LED) electronic changeable copy graphic, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic. g. The light emitting diode (LED) electronic display panel shall display Images limited solely and only to displaying in text the names, logos and messages of the functions and activities of the Subject Property. h. In the event of any conflict between the standards for the light emitting diode (LED) electronic display panel as provided for in this Subsection 4 and the provisions within the Subject Special Sign District Plan, the provisions of this Subsection 4 shall supersede and control. 5. The owner shall be permitted to obtain any required building and zoning permits to modify the following attributes of the graphic without requiring further amendment to the annexation agreement or amendment to this ordinance: a) Re-location of the graphic along the frontage of McLean Boulevard or Sports Way. b) Position and dimensions of the electronic display panel within the overall graphic as long as the surface area of such panel does not exceed 41 square feet or 16% of the overall surface area of the graphic. VOLUME LXXXI APRIL 27, 2016 217 6. In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”, the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. 7. With the sole exception of the Special Sign (i.e., the light emitting diode (LED) electronic changeable copy graphic described in paragraph 1 of this section as authorized in this ordinance), 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”. 8. All other aspects of development of the property including but not limited to the location, design and operation of land uses and structures shall be governed by the provisions of Chapter 19.30 entitled Community Facility Districts, with modifications and amendments subject to the provisions of Chapter 19.60 entitled Planned Developments of the Elgin Municipal Code. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2016 Passed: April 27, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 27, 2016 Published: April 29, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. APRIL 27, 2016 VOLUME LXXXI 218 Cultural Arts Commission, March 14, 2016 Emergency Telephone System Board, March 17, 2016 Foreign Fire Insurance Tax Board, January 5, 2016 Board of Health, October 12, 2015 Human Relations Commission, March 1, 2016 Liquor Commission, March 16, 2016 Parks and Recreation Advisory Board, February 23, 2016 Committee of the Whole Minutes for March 16, 2016 City Council Minutes for March 16, 2016 Sales Tax Local Sales Tax State Income Tax State Use Tax Telecommunications Tax Video Gaming Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:45 p.m. s/ Kimberly Dewis May 4, 2016 Kimberly Dewis, City Clerk Date Approved